01-06-2003 11~21HM FROM KERR CG 0.ERK ~FICE FU Jkj`Jbtl4a1 h'. 02
OfiDER NU. 27718
~ APPRUVpL F=OR SUBMITTING FN nF+i~L.ICfiTIUN PUR 1=UND3
j FF2(~M TML EME:PiGEN(~l' WR7ER5MF.D F'RUTECI IUN PROGRHM
On this th@ c6th tlay of qu g~_ist, 2002, upon motion msde t7y
~onmissioner Williams, seconded uy iiosrnissioner Lett, the
o urt unani~ausly approved by a vote of 4-0-@~ -~".Lmittiny ~n
I
~pplic~r:ian fur funds from the Emergency W.rtershRd Protection
IEWr•') Pt oyram aii~inistered by the USU:± Natural Resouri:es
4 unservataun Service (N RCS).
i
TOTFaL F.02
State: Texas
EWP: Kerc County _
Agreement No: 69-7442-3-549
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
PROJECT AGREEMENT
FORCE ACCOUNT
THIS AGREEMENT, made by and between the Kerr County Commissioners Court, call
the County, and the Natural Resources Conservation Service, United States Department of
Agriculture, called NRCS.
WITNESSETH THAT:
WHEREAS, under the provision of Section 216 of Public Law 81-516, Emergency
Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public Law
95-334, NRCS is authorized to assist the County in relieving hazards created by natural
disasters that cause impairment of a watershed.
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. It is agreed that the following described work is to be performed at an es#imated cost
of $80,000.00.
Kerr County EWP - DSR's KC-02-01, 02-03, 02-05, 02-06, and 02-0? -The
sites are located along county roads within Kerr County. The repairs include
roadside and bank stabilization, sediment or debris removal, and structural
stabilization of river crossings. Methods are as follows: Loose rock riprap,
sedimentidebris removal, concrete guttering or minor structural work, critical area
shaping, earthfillfexcavation, and vegetation.
B. The County will:
Provide 25 percent of the cost of performing the emergency watershed
protection measures described in Section A. This cost to the County is
estimated to be $20,000.00.
2. Perform the works described in Section A by force account in accordance with
the Plan of Operations, specifications fumished by NRCS, and specifications
fumished by the County when concurced in by the NRCS. Secure the NRCS
Contracting Officer's concurrence before changing the Plan of Operations.
Page 2 of 6 pages
3. Secure all landrights and permits necessary for completion of the work
described i~ Section A. Certify landrights have been obtained by providing a
completed copy of form NRCS-ADS-78, Assurances Relating to Real Property
Acquisition. An Attorney's opinion as to the adequacy of land-rights is
required.
4. Accept all financial and other responsibility for excess costs resulting from its
failure to obtain, or its delay in obtaining; adequate land and water rights,
i ~; permits, and licenses needed for the work described in Section A.
~ ` 5. Be responsible for repairing or replacing work performed by the County and
found not to comply with the work requirements attached to this agreement.
~~ The County will assume all costs to repair or replace such defective work.
6. Be responsible to perform the required work with reasonable efficiencies for
labor and equipment inputs. All work will be pertormed within industry
standards as determined by NRCS for production rates based on labor and
equipment inputs. In the event work is performed at an unacceptable efficiency
level, the County will assume all costs for the percentage of work found by
NRCS not to conform to reasonably efficient prosecution of the work.
7. Appoint an authorized representative who shall have authority to act for the
County, listing their duties, responsibilities and authorities. Furnish such
information in writing to the NRCS Contracting Officer within 15 days after the
effective date of this agreement.
8. Ensure that acquisition for materials necessary to carry out the works described
in Section A will be in accordance with 7 CFR 3016.36, applicable state
requirements, and the County's procurement regulations.
9. Secure the materials necessary to carry out the work in accordance with
specifications furnished NRCS and specifications furnished by the County when
concurred in by the Contracting Officer. Protect all materials to be used in the
work described in Section A and maintain a current record of disbursement and
use of such materials.
10. Ensure that any acquisitions for materials necessary to carry out the works
described in Section A will be in accordance with 7 CFR 3016.36, applicable
state requirements, and the County's procurement regulations.
11. Be responsible for all administrative expenses necessary to arrange for and
carry out the works described in Section A. These administrative expenses
include but shall not be limited to facilities, clerical personnel, and legal counsel
including such attorneys deemed necessary to resolve any legal matters.
Page 3 of 6 pages
12. Submit billings for reimbursement to NRCS on Form SF-270, Request for
Advance or Reimbursement, along with itemization of eligible costs incurred. A
summary ot'costs for each budget category such as a total of each employee's
hours that were worked on the project and total operating hours for each piece
of equipment used to perform project work will be submitted with each request
for reimbursement.
13. Receive payment under this agreement using electronic funds transfer (EFT)
procedures in accordance with 31 CFR 208. EFT procedures will comply with
USDA National Finance Center (NFC) requirements.
14. Maintain, as a minimum, the following data to support the County's request for
reimbursement:
(a) Invoices covering actual cost of materials; records showing materials
actually used on the work; and disposition of excess materials.
(b) Equipment operating records showing the hourly rate, hours, and dates
actually used on the work. Equipment standby costs will not be subject
to reimbursement.
(c) Daily time records for each employee showing the name, classification,
wage rate, hours, and dates actually employed on the work.
15. Employ competent personnel to carry out the work.
16. Maintain all equipment used on the work in good operating condition without
cost to NRCS. Equipment shall be operated safely at all times.
17. Arrange for and conduct final inspection of completed works of improvement
with NRCS to determine whether all work described in Section A has been
performed in accordance with specifications and the plan of operations.
18. Hold and save NRCS free from any and all claims or causes of action
whatsoever resulting from the obligations undertaken by it under this
agreement or resulting from the work provided for in this agreement.
19. Retain all records dealing with direct supervision, labor, equipment and
materials used in the work for 3 years from the date of the completion of the
work described in this agreement. Retain all records dealing with the
administration of the agreement for 3 years from the date of the County's
submission of the final audit findings have been resolved, whichever is longer.
If any litigation is started before the expiration of the 3-year period, the records
are to be retained until the litigation is resolved or 3 years, whichever is longer.
Make such records available to the Comptroller General of the United States or
his duly authorized representative and accredited representatives of the
Page 4 of 6 pages
Department of Agriculture or cognizant audit agency for the purpose of making
' audits, examinations, excerpts, and transcripts.
i
20. Comply with applicable requirements of the Special Provisions, which are
included in Attachment A to this Agreement. .
21. Upon determination of technical acceptability of the completed works of
improvement, assume responsibility for operation and maintenance for all
works of improvement described in Section A.
C. NRCS will:
Provide 75 percent of the cost of construction required to install the works of
improvement described in Section A. This cost to NRCS is estimated to be
$60,000.00.
2. Provide authorized assistance, including but not limited to obtaining basic
information; preparation of plan of work; layout and inspection services, and
quality control during performance of the work.
3. Provide the services of a Government Representative and Government
Inspector, as necessary.
4. Make payment to the County for NRCS' share of the cost upon receipt and
approval of Form SF-270. Payment will be made under this agreement using
electronic funds transfer (EFT) procedures in accordance with 31 CFR 208.
Be available to conduct progress checks and participate in final inspection of
the completed works to determine whether all work described in Section A has
been performed in accordance with the applicable requirements.
D. It is mutually agreed that:
1. This agreement is effective the date it is fully executed by all parties to this
agreement. It shall become null and void 30 calendar days after the date
NRCS has executed this agreement in the event the work has not been
commenced. The completion date for work under this agreement is as stated
in the attached Plan of Operations for this project.
2. The Contracting Officer may make adjustments in the estimated cost to NRCS
set forth in C.1. for performing the works described in Section A. No
adjustment shall change the cost-sharing assistance to be provided by NRCS
as set forth in C.1. nor reduce funds below the amount required to provide
NRCS' share of the cost.
Page 5 of 6 pages
3. This agreement may be amended by written amendment as mutually agreed by
both parties.
4. The procurement of materials necessary for accomplishing the works of
improvement described in Section A will not be made from the County, or firms
in which any official of such organization or any member of such an official's
immediate family has direct or indirect financial interest.
5. NRCS may terminate this agreement in whole or in part when 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, reasons for the termination, together with the effective date.
Payments made by or recoveries made by NRCS under this termination shall
i be in accord with the legal rights and liabilities of NRCS and the County.
6. In the event of default of any,vendor, any excess costs collected from the
defaulting vendor are to be prorated between the County and NRCS in the
same ratio as funds are contributed under the terms of this agreement.
7. This agreement may be temporarily suspended by NRCS if NRCS determines
that corrective action by the County is needed to meet the provisions of this
agreement. Further, NRCS may suspend this agreement if it is evident that a
termination is pending.
8. NRCS, at its sole discretion, may refuse to cost-share should the County elect
to proceed without obtaining concurrence as set out in Section B of this
agreement.
9. The furnishing of financial and other assistance by NRCS is contingent upon
the continuing availability of appropriations by the Congress from which
payment may be made shall not obligate NRCS upon failure of the Congress to
so appropriate.
10. No Member of or delegate to Congress or Resident Commissioner shall be
admitted to any share or part of this agreement, or to any benefit that may arise
therefrom; but this provision shall not be construed to extend to this agreement
if made with a corporation for its general benefit.
11. The program or activities conducted under this agreement will be in compliance
with nondiscrimination provisions contained in the Titles 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 nondiscrimination statues; namely, Section
504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of
1972, and the Age Discrimination Act of 1975. They will also be in accordance
with regulations of the Secretary of Agriculture (7 CFR-15, Subparts A & B),
which provide that no person in the United States shall on the grounds of race,
color, national origin, age, sex, religion, marital status, or handicap be excluded
Page 6 of 6 pages
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity receiving federal financial
assistance from the Department of Agriculture or any agency thereof.
KERR COUNTY COMMISSIONER'S COURT
By. \ ~~
Vat 7~~~r-S'
This action authorized at an official meeting
of the Kerr County Commissioner's Court on
the ~ day of ~ 2002,
Title: ~ ~ ~Q.~~ at /<£,e~e (.~ui/f :State of Texas.
Date: / - to
United States Department of Agriculture
Natural Resources Conservation Service
By:
Title:
(Signnatu e)~
~1~i LYE
(Title)
~~~gS10NEgs
U~
~tn.. 1
Date:
ATTACHMENT A -SPECIAL PROVISIONS
I. DRUGFREE~WORKPLACE CERTIFICATION
II. CERTIFICATION REGARDING LOBBYING
III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIIIILITY MATTERS -PRIMARY COVERED
TRANSACTIONS
IV. CLEAN AIR AND WATER CERTIFICATION
V. ASSURANCES AND COMPLIANCE
VI. EXAMINATION OF RECORDS
ATTACHMENT A -SPECIAL PROVISIONS
The signatories (grantee, recipient sponsor, or cooperator) agrees to comply with the following
special provisions which are hereby attached to this agreement.
I. Drue-Free Worknlace.
By signing this agreement, the recipient is providing the certification set out below. If it is later
determined that the recipient knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, the 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 [he 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) or imposition of
sentence, or both, by any judicial body chaYged 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 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 employees of subrecipients
or subcontractors in covered workplaces).
Certification
A. The grantee certifies that it will or will continue to provide adrug-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 --
(l) The danger of drug abuse in the workplace;
(2) The grantee's policy of maintaining 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);
i
(d) Notifying the employee in the statement required by paragraph 9a) 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 NRCS in writing, within ten calendar days after receiving notice under
paragraph 9(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) Making a good faith effort to continue to maintain adrug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
(h) Agencies shall keep the original of all disclosure reports in the official files of the agency.
B. The recipient 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
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
recipient, to any person for influencing or attempting to influence an officer or employee of an
agency, Member of Congress, and officer or employer of Congress, or 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.
(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 recipient shall require that the language of this certification be included in the award
documents for all suba~Lards 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.
matters -Prima:
(1) The recipient certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered tmnsactions by any Federal department or agency;
(b) 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;
(c) 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
(1)(b) of this certification; and
(d) Have not within athree-year period preceding this application/proposal has one or more
public transactions (Federal, State or local) terminated for cause or default.
(2) Where the primary recipient 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)(I) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by
EPA, or is not otherwise exempt.)
The recipient signatory to this agreement certifies as follows:
(a) 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.
(b) To promptly notify the State or Regional Conservationist prior to the signing of this
agreement by MRCS, of the receipt of any communication from the Director, Office of Federal
Activities, U. S. Environmental Protection Agency, indicating that any facility
which he/she proposes to use for the performance of the agreement is under consideration 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 $ L00,000, 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 recipient 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. sq., 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 MRCS.
(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.
(3) To use their best efforts to comply with clean air standards and clean water standazds 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
(1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as
amended by Public Law 91-604).
(2) The term "Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C.
1251 et seq., as amended by Public Law 92-55).
(3) 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
11 I (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 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).
(5) 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
issued pursuant thereto.
(6) 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 sponsor, to he
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 collated 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 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, 3019, 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 the 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.
State: Texas
EWP: Kerr County
Agreement No: 69-7442-3-549
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
PROJECT AGREEMENT
FORCE ACCOUNT
THIS AGREEMENT, made by and between the Kerr County Commissioners Court, call
the County, and the Natural Resources Conservation Service, United States Department of
Agriculture, called NRCS.
WITNESSETH THAT:
WHEREAS, under the provision of Section 216 of Public Law 81-516, Emergency
Watershed Protection Program, and Titfe IV of the Agricultural Credit Act of 1978, Public Law
95-334, NRCS is authorized to assist the County in relieving hazards created by natural
disasters that cause impairment of a watershed.
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. It is agreed that the following described work is to be performed at an estimated cost
of $80,000.00.
Kerr County EWP - DSR's KC-02-01, 02-03, 02-05, 02-06, and 02-07 -The
sites are located along county roads within Kerr County. The repairs include
roadside and bank stabilization, sediment or debris removal, and structural
stabilization of river crossings. Methods are as follows: Loose rock riprap,
sediment/debrisrernoval, concrete guttering or minor structural work, critical area
shaping, earthfill/excavation, and vegetation.
B. The County will:
Provide 25 percent of the cost of pertorming the emergency watershed
protection measures described in Section A. This cost to the County is
estimated to be $20,000.00.
2. Perform the works described in Section A by force account in accordance with
the Plan of Operations, specifications furnished by NRCS, and specifications
furnished by the County when concurred in by the NRCS. Secure the NRCS
Contracting Officer's concurrence before changing the Plan of Operations.
Page 2 of 6 pages
3. Secure all landrights and permits necessary for completion of the work
described in Section A. Certify landrights have been obtained by providing a
completed copy of form NRCS-ADS-78, Assurances Relating to Real Property
Acquisition. An Attorney's opinion as to the adequacy of land-rights is
required.
4. Accept all financial and other responsibility for excess costs resulting from its
failure to obtain, or its delay in obtaining, adequate land and water rights,
permits, and licenses needed for the work described in Section A.
5. Be responsible for repairing or replacing work performed by the County and
found not to comply with the work requirements attached to this agreement.
The County will assume all costs to repair or replace such defective work.
6. Be responsible to perform the required work with reasonable efficiencies for
labor and equipment inputs. All work will be performed within industry
standards as determined by NRCS for production rates based on labor and
equipment inputs. In the event work is performed at an unacceptable efficiency
level, the County will assume all costs for the percentage of work found by
NRCS not to conform to reasonably efficient prosecution of the work.
7. Appoint an authorized representative who shall have authority to act for the
County, listing their duties, responsibilities and authorities. Furnish such
information in writing to the NRCS Contracting Officer within 15 days after the
effective date of this agreement.
8. Ensure that acquisition for materials necessary to cant' out the works described
in Section A will be in accordance with 7 CFR 3016.36, applicable state
requirements, and the County's procurement regulations.
9. Secure the materials necessary to carry out the work in accordance with
specifications furnished NRCS and specifications fumished by the County when
concurred in by the Contracting Officer. Protect all materials to be used in the
work described in Section A and maintain a current record of disbursement and
use of such materials.
10. Ensure that any acquisitions for materials necessary to carry out the works
described in Section A will be in accordance with 7 CFR 3016.36, applicable
state requirements, and the County's procurement regulations.
11. Be responsible for all administrative expenses necessary to arrange for and
carry out the works described in Section A. These administrative expenses
include but shall not be limited to facilities, clerical personnel, and legal counsel
including such attorneys deemed necessary to resolve any legal matters.
Page 3 of 6 pages
12. Submit billings for reimbursement to NRCS on Form SF-270, Request for
Advance or Reimbursement, along with itemization of eligible costs incurred. A
summary of costs for each budget category such as a total of each employee's
hours that were worked on the project and total operating hours for each piece
of equipment used to pertorm project work will be submitted with each request
for reimbursement.
13. Receive payment under this agreement using electronic funds transfer (EFT)
procedures in accordance with 31 CFR 208. EFT procedures will comply with
USDA National Finance Center (NFC) requirements.
14. Maintain, as a minimum, the following data to support the County's request for
reimbursement:
(a) Invoices covering actual cost of materials; records showing materials
actually used on the work; and disposition of excess materials.
(b) Equipment operating records showing the hourly rate, hours, and dates
actually used on the work. Equipment standby costs will not be subject
to reimbursement.
(c) Daily time records for each employee showing the name, classification,
wage rate, hours, and dates actually employed on the work.
15. Employ competent personnel to carry out the work.
16. Maintain all equipment used on the work in good operating condition without
cost to NRCS. Equipment shall be operated safely at all times.
17. Arrange for and conduct final inspection of completed works of improvement
with NRCS to determine whether all work described in Section A has been
performed in accordance with specifications and the plan of operations.
18. Hold and save NRCS free from any and all claims or causes of action
whatsoever resulting from the obligations undertaken by it under this
agreement or resulting from the work provided for in this agreement.
19. Retain all records dealing with direct supervision, labor, equipment and
materials used in the work for 3 years from the date of the completion of the
work described in this agreement. Retain all records dealing with the
administration of the agreement for 3 years from the date of the County's
submission of the final audit findings have been resolved, whichever is longer.
If any litigation is started before the expiration of the 3-year period, the records
are to be retained until the litigation is resolved or 3 years, whichever is longer.
Make such records available to the Comptroller General of the United States or
his duly authorized representative and accredited representatives of the
Page 4 of 6 pages
Department of Agriculture or cognizant audit agency for the purpose of making
audits, examinations, excerpts, and transcripts.
20. Comply with applicable requirements of the Special Provisions, which are
included in Attachment A to this Agreement.
21. Upon determination of technical acceptability of the completed works of
improvement, assume responsibility for operation and maintenance for all
works of improvement described in Section A.
C. NRCS will:
Provide 75 percent of the cost of construction required to install the works of
improvement described in Section A. This cost to NRCS is estimated to be
$60,000.00.
2. Provide authorized assistance, including but not limited to obtaining basic
information; preparation of plan of work; layout and inspection services, and
quality control during performance of the work.
3. Provide the services of a Government Representative and Government
Inspector, as necessary.
4. Make payment to the County for NRCS' share of the cost upon receipt and
approval of Form SF-270. Payment will be made under this agreement using
electronic funds transfer (EFT) procedures in accordance with 31 CFR 208.
5. Be available to conduct progress checks and participate in final inspection of
the completed works to determine whether all work described in Section A has
been performed in accordance with the applicable requirements.
D. It is mutually agreed that:
This agreement is effective the date it is fully executed by aN parties to this
agreement. It shall become null and void 30 calendar days after the date
NRCS has executed this agreement in the event the work has not been
commenced. The completion date for work under this agreement is as stated
in the attached Plan of Operations for this project.
2. The Contracting Officer may make adjustments in the estimated cost to NRCS
set forth in C.1. for performing the works described in Section A. No
adjustment shall change the cost-sharing assistance to be provided by NRCS
as set forth in C.1. nor reduce funds below the amount required to provide
NRCS' share of the cost.
Page 5 of 6 pages
3. This agreement may be amended by written amendment as mutually agreed by
both parties.
4. The procurement of materia{s necessary for accomplishing the works of
improvement described in Section A will not be made from the County, or firms
in which any official of such organization or any member of such an official's
immediate family has direct or indirect financial interest.
5. NRCS may terminate this agreement in whole or in part when 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, reasons for the termination, together with the effective date.
Payments made by or recoveries made by NRCS under this termination shall
be in accord with the legal rights and liabilities of NRCS and the County.
6. In the event of default of any vendor, any excess costs collected from the
defaulting vendor are to be prorated between the County and NRCS in the
same ratio as funds are contributed under the terms of this agreement.
7. This agreement may be temporarily suspended by NRCS if NRCS determines
that corrective action by the County is needed to meet the provisions of this
agreement. Further, NRCS may suspend this agreement if it is evident that a
termination is pending.
NRCS, at its sole discretion, may refuse to cost-share should the County elect
to proceed without obtaining concurrence as set out in Section B of this
agreement.
9. The furnishing of financial and other assistance by NRCS is contingent upon
the continuing availability of appropriations by the Congress from which
payment may be made shall not obligate NRCS upon failure of the Congress to
so appropriate.
10. No Member of or delegate to Congress or Resident Commissioner shall be
admitted to any share or part of this agreement, or to any benefit that may arise
therefrom; but this provision shall not be construed to extend to this agreement
if made with a corporation for its general benefit.
11. The program or activities conducted under this agreement will be in compliance
with nondiscrimination provisions contained in the Titles 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 nondiscrimination statues; namely, Section
504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of
1972, and the Age Discrimination Act of 1975. They will also be in accordance
with regulations of the Secretary of Agriculture (7 CFR-15, Subparts A & B),
which provide that no person in the United States shall on the grounds of race,
color, national origin, age, sex, religion, marital status, or handicap be excluded
Page 6 of 6 pages
from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity receiving federal financial
assistance from the Department of Agriculture or any agency thereof.
KERR COUNTY COMMISSIONER'S COURT
B ~ ~
~' --~ ~Rf 7rvLs
Title: ~ ~ ~~+--
Date: /- G -0 3
United States Department of Agriculture
Natural Resources Conservation Service
By:
Title:
This action authorized at an official meeting
of the Kerr County Commissioner's Court on
the _ 2G'~ day of~ 2002,
at ~z-,__ ,~ ~~,~ Tv ,State of Texas.
~QQit_
(Signature)
(',au~c~i C~~
(Title) _~~
~G~
9~
~'t
\ .ay~
Date:
ATTACHMENT A -SPECIAL PROVISIONS
I. DRUGFREE WORKPLACE CERTIFICATION
II. CERTIFICATION REGARDING LOBBYING
III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSH3ILITY MATTERS -PRIMARY COVERED
TRANSACTIONS
IV. CLEAN AIR AND WATER CERTIFICATION
V. ASSURANCES AND COMPLIANCE
VL EXAMINATION OF RECORDS
ATTACHMENT A -SPECIAL PROVISIONS
The signatories (grantee, recipient sponsor, or cooperator) agrees to comply with the following
special provisions which are hereby attached [o this agreement.
I. Drug-Free Workplace.
By signing this agreement, the recipient is providing the certification set out below. If it is later
determined that the recipient knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, the 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) 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;
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 grantee directly engaged in the performance of work
under a grant, including: (I) All direct charge employees; (ii) All indirect chazge 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 aze 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 employees of subrecipients
or subcontractors in covered workplaces).
Certification
A. The grantee certifies that it will or will continue to provide adrug-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 maintaining 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) Notifying the employee in the statement required by paragraph 9a) that, as a condition of
employment under the gant, 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 NRCS in writing, within ten calendar days after receiving notice under
paragraph 9(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 19'73, 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) Making a good faith effort to continue to maintain adrug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
(h) Agencies shall keep the original of all disclosure reports in the official files of the agency
B. The recipient 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)
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
recipient, to any person for influencing or attempting to influence an officer or employee of an
agency, Member of Congress, and officer or employer of Congress, or 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.
(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 con[mct, 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 recipient shall require that the language of this certification be included in the awazd
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.
III.
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.
and Other Resnonsibilitv matters -
(1) The recipient certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debazred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) 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;
(c) Are not presently indicted for or otherwise criminally or civilly chazged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
(d) Have not within athree-year period preceding this application/proposal has one or more
public transactions (Federal, State or local) terminated for cause or default.
(2) Where the primary recipient 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 $]00,000, 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 recipient signatory to this agreement certifies as follows:
~a) Any facility to be utilized in the performance of this proposed agreement is , is
not, listed on the Envirommental Protection Agency List of Violating Facilities.
(b) To promptly notify the State or Regional Conservationist 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/she proposes to use for the performance of the agreement is under consideration to be
listed on the Environmental Protection Agency List of Violating Facilities.
(c) To include substantially this certification, including this subpazagraph (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 [he 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 recipient 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. sq., 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.
(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.
(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
(1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as
amended by Public Law 91-604).
(2) The term "Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C.
1251 et seq., as amended by Public Law 92-55).
(3) The term "clean air standazds" means any enforceable rules, regulations, guidelines,
standazds, 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 Ac[ (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 a permit issued to a dischazger 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).
(5) The term "compliance" means compliance with clean air or water standazds. 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
issued pursuant thereto.
(6) 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 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 Activities,
Environmental Protection Agency, determines that independent facilities are collated 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 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, 3019, and 3052 which hereby aze incorporated in this
agreement by reference, and such other statutory provisions as are specifically set forth herein.
VI. Examination of Records
Give the 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 yeazs after completion of the terms of this
agreement in accordance with the applicable OMB Circular.
State TEXAS
EWP KERB
Agreement No. 69-7442-3-550
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
PROJECT AGREEMENT
CONTRACTING LOCAL ORGANIZATIONS
TIIIS AGREEMENT, made by and between Kerr County Commissioner's Court, called the Contracting
Local Organization (CLO); and the Natural Resources Conservation Service, United States Department of
Agriculture, called NRCS.
WITNESSETH THgT:
WHEREAS, under the provisions of Section 216 of Public Law 81-516, Emergency Watershed Protection
Progrnm, and Title IV of the Agricultural Credit Act of 1978, Public Law 95-334, NRCS is authorized to
assist the CLO in relieving hazards created by natural disasters that cause a sudden impairment of a
watershed.
NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully
performed by the parties hereto as set forth, the Contracting Local Organization (CLO) and NRCS do hereby
agree as follows:
A. It is agreed that the following-described work is to be performed at an estimated cost of $88,000.00.
1. Construction - DSR# - KC 02-04 -The construction consists of stabilizing the road crossing along
Center Point Swing between Comfort and Kerrville which requires one or a mixture of the following
measurements: dumping and placing loose rock riprap, grouting the rock riprap, and the utilization
of gabion baskets. The roadway shall be stabilized and a armored reach between the road and
riverbank established to safely pass storm flows. The estimated cost for the works of improvements
is 75,000.00.
2. The CLO will obtain the services of a Registered Engineer in Texas to prepare design specifications
and drawings including any necessary fieldwork such as surveying and geologic investigation for
restabilization and armoring of the downstream abutments and plunge area. The estimated cost is
$4,000.00.
3. The design documents will be signed and sealed, and suitable for contracting purposes for the above
described construction effort. The estimated costs of engineering design work subject to
reimbursement by NRCS will not exceed six (6) percent of the estimated costs of construction of
works of improvement. The Engineering Design cost is estimated to be $4,500.00.
4. Quality assurance inspection and engineering serves to ensure that construction is performed in
accordance with the design specifications and drawings. The estimated cost is $4,500.00.
B. The Contracting Lacal Organization (CLO) will:
1. Provide 25% of the cost of the emergency watershed protection measures described in Section A.1.
This cost to the CLO is estimated to be $18,750.00.
Page 2 of 6
2. Provide certification that real property rights have been obtained for installation of the works of
improvement described in Section A. Certification will be provided on Form NRCS-ADS-78,
Assurances Relating to Real Property Acquisition. An Attorney's opinion as to the adequacy of real
property rights is required.
3. 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 the NRCS State Conservationist within tl»rty days after the effective date of this
agreement.
4. The proposed repairs may exceed 5-acres of disturbance; therefore the Sponsor shall make a
determination of the need for a formal Storm Water Pollution Prevention Plan (SWPPP) under the
EPA NPDES Program. The Sponsor shall provide this determination in writing to the NRCS. If
SWPPP is required, the Sponsor shall complete the required Notice of Intent (NOI) and Notice of
Termination (NOT).
5. The Engineering Firm or Sponsor's Quality Assurance Firm shall provide to the NRCS Government
Representative a monthly report on activities occurring with the project. This monthly report shall
indicate design status, any relevant technical issues, status of construction, list of materials
incorporated in the works of improvement, details on any problems encountered, and information
regarding any field changes. The report should address relevant items as the project dictates,
depending upon whether in planning, design, or construction phase. This report shall be provided b
the 10th of each month following the month the project agreement is signed until completion of the
rp o~ect.
6. Accept all financial and other responsibility for excess costs resulting from their failure to obtain, or
their delay in obtaining, adequate land and water rights, permits, and licenses needed for the works of
improvement described in A.
7. If applicable, complete the attached "Clean Air and Water Certification," and comply with the
attached "Clean Air and Water Clause."
8. Upon acceptance of the completed works from the construction contractor by the CLO, assume
responsibility for operation and maintenance of the completed works in accordance with the
Operation and Maintenance Agreement. The CLO's Engineer will prepare the Operation and
Maintenance Plan. CLO and NRCS will execute operation and Maintenance Agreement prior to
advertising the project.
9. Be responsible for all administrative expenses necessary to arrange for and carry out the works of
improvement described in Section A. These administrative matters include but shall not be limited to
facilities, clerical expenses, and legal counsel, including the fees of such attorney or attorneys
deemed necessary by NRCS to resolve any legal matters.
10. Contract for A&E Services and construction of the works of improvement described in Section A in
accordance with 7 CFR 3016.36, applicable state requirements, and the CLO's procurement
regulations.
11. Comply with the applicable requirements in Attachments A and B to this agreement.
Page 3 of 6
12. Ensure that all contracts for construction of the works of improvement described in Section A include
the provisions contained in Attachment B to this agreement.
13. Provide copies of site maps to appropriate Federal and State agencies for environmental review.
Notify NRCS of environmental clearance, modification of construction plans, or any unresolved
concerns prior to award of the contract(s) for construction of the works of improvement.
14. Ensure that requirements for compliance with environmental and/or cultural resource laws are
incorporated into the construction contract for the works of improvement described in Section A.
15. Ensure that adequate accident prevention measures are incorporated into the construction contract for
the works of improvement described in Section A. This may require the inclusion of an appropriate
accident prevention clause and supplement such as the NRCS Supplement to OSHA Parts 1910 and
1926, be made 9 part of the construction contract. Secure written concurrence of the State
Conservationist before approving a waiver or an adaptation of any of the safety provisions.
16. Ensure that requirements for a written release from the contractor of all claims against the
Contracting Local Organization arising by virtue of the contract, other than claims in stated amounts
as may be specifically excepted by the contractor, be incorporated into the terms of the construction
contract and is a condition for final payment to the contractor.
17. Pay the contractor as provided in the contract(s). Submit billings for reimbursement of incurred costs
to NRCS on Form SF-270, Request for Advance or Reimbursement. The request will be supported
by documentation such as the contractor's invoices that will permit NRCS to reasonable assure itself
that such costs were necessary, adequately documented, and incurred for the NRCS cost-shared items
of work described in Section A.
l8. Receive payment under this agreement using electronic funds transfer (EFT) procedures in
accordance with 31 CFR 208. EFT procedures will comply with USDA National Finance Center
(NFC) requirements.
19. Dispose of all claims resulting from the contract; secure prior written concurrence of the State
Conservationist if MRCS funds are involved:
20. 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. Such
actions will be at the expense of the Contracting Local Organization, including any legal expenses.
The Contracting Local Organization will advise, consult with, and obtain prior written concurrence of
NRCS on any litigation matters in which NRCS could have a financial interest.
21. Hold and save NRCS free from any and all claims or causes of action whatsoever resulting from the
obligations undertaken by the Contracting Local Organization under this agreement or resulting from
the work provided for in this agreement.
22. 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, assign and transfer to NRCS any or all
claims, demands, and causes of action of every kind whatsoever which the Contracting Local
Organization has against the contractor or his or her sureties.
Page 4 of 6
23. Arrange for and conduct final inspection of completed works of improvement with NRCS to
determine whether alf work has been performed in accordance with contractual requirements. Secure
written concurrence of the State Conservationist before notifying the contractor of the acceptance of
the job. .
24. Upon completion and acceptance of all work and as provided by the terms of the contract, obtain a
written release from the contractor of all claims against the Contracting Local Organization arising by
virtue of the contract, other than claims in stated amounts as may be specifically excepted by the
contractor.
25. Upon acceptance of the work from the contractor, assume responsibility for operation and
maintenance in accordance with the Operation and Maintenance Agreement.
26. Retain all records dealing with the award and administration of the contract for 3 years from the date
of the Contracting Local Organization's submission of the final request for reimbursement or until
final audit findings have been resolved, whichever is longer. If any litigation is started before the
expiration of the 3-year period, the records are to be retained until the litigation is resolved or the end
of the 3-year period, whichever is longer. Make such records available to the Comptroller General of
the United States or his or her duly authorized representative and accredited representatives of the
Department of Agriculture or cognizant audit agency for the purpose of making audit, examination,
excerpts, and transcriptions.
C. NRCS will:
1. Provide 75% percent of the cost of construction of the works of improvement described in
Section A. 1. This cost to NRCS is estimated to be $56,250.00.
2. Provide 100% of the cost of A&E Services up to the estimated cost of $4,000.00 described in Section
A. 2.
3. Provide 100% of the cost of the Design described in Section A. 3. estimated to be $4,500.00.
4. Provide 100% of the cost of the Quality Assurance described in Section A. 4, estimated to be
$4,500.00.
5. The cumulative amount of technical assistance as detailed in Section C.2-4 above is $13,000.00.
6. Provide authorized assistance such as estimates of contract costs, length of contract period, results of
tests and studies as available, site investigations, design and layout, and drawings and specifications.
7. Consult with the Contracting Local Organization as needed in preparing the invitation for bids and
awarding and administering the contract.
8. The following individual is designated as the Government Representative between the Sponsor and
NRCS. Mr. Tim Buscha, Agricultural Engineer
NRCS, Temple Stale Office
101 South Main 76501
Phone:254-742-9896
Fax:254-742-9848
Page 5 of 6
9. Make payment to the Contracting Local Organization covering the MRCS' share of the cost upon
receipt and approval of Fonn SF-270, withholding the amount of damages sustained by NRCS as
provided for in this agreement. Payment will be made under this agreement using electronic funds
transfer (EF"f) procedures in accordance with 31 CFR 208.
D. It is mutually agreed that:
I . This agreement shall become null and void 90 calendar days after the date MRCS has executed this
agreement if a contract has not been awarded. The Design, Quality Assurance Plan, and Operation
and Maintenance Plan is due no later than March 30, 2003. Construction must be completed by no
later than June 30, 2003.
2. The State Conservationist may make adjustments in the estimated cost to NRCS set forth in Section A
for constructing the works of improvement. Such adjustments may increase or decrease the amount of
estimated funds that are related to differences between such estimated cost and the amount of the
awarded contract or to changes, differing site conditions, quantity variations, or other actions taken
under the provisions of the contract. No adjustment is to change the cost sharing assistance to be
provided by NRCS as set forth in Section A nor reduce funds below the amount required to carry out
NRCS' share of the contract.
3. With noted exception for above item 2, this agreement may be amended as mutually agreed by written
amendment duly executed by authorized officials of the signatory parties to this agreement.
4. The contract for constructing the work described in Section A. will not be awarded to the Contracting
Local Organization, or to any firm in which the Contracting Local Organization official or any
member of such official's immediate family has direct or indirect interest in the pecuniary profits or
contracts of such firms.
5. In the event of contractor default, any additional funds properly allocable as construction costs
required to ensure completion of the job are to be provided in the same ratio as construction funds are
contributed by the parties under the terms of this agreement. Any excess costs including interest
resulting from a judgment collected from the defaulting contractor, or his or her surety, will be
prorated between the Contracting Local Organization and MRCS in the same ratio as construction
funds are contributed under the terms of the agreement.
6. Additional funds including interest properly allocable as construction costs as determined by NRCS,
required as a result of a court judgment in favor of the contractor, will be provided in the same ratio as
construction funds are contributed under the terms of this agreement. NRCS will not be obligated to
contribute funds under any agreement or commitment made by the Contracting Local Organization
without prior concurrence of MRCS.
NRCS may terminate this agreement in whole or in par[ if it is determined by MRCS that the
Contracting Local Organization have failed to comply with any of the conditions ofthis agreement.
NRCS shall promptly notify the Contracting Local Organization in writing of the determination and
reasons for the termination, together with the effective date. Payments made by or recoveries made by
NRCS under this termination shall be in accordance with the legal rights and liabilities of NRCS and
the Contracting Local Organization.
8. This agreement may be temporarily suspended by NRCS if NRCS detemrines that corrective action by
the Contracting Local Organization is needed to meet the provisions of this agreement. Further,
NRCS may suspend this agreement when it is evident that a termination is pending.
Page 6 of 6
9. NRCS, at its sole discretion, may refuse to cost share should the Contracting Local Organization, in
administering the contract, elect to proceed without obtaining concurrence as set out in Section B. of
this agreement.
l0. The furnishing of the administrative and technical services by NRCS as set out in Section C is
contingent upon the continuittg availability of appropriations by the Congress from which payment
may be made and shall not obligate NRCS if the Congress fails to so appropriate.
11. No Member of or delegate to Congress or Resident Commissioner shall be admitted to any share or
part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be
construed to extend to this agreement if made with a corporation for its general benefit.
12. The program or activities conducted under this agreement will be in compliance the nondiscrimination
provisions contained in the Titles 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 nondiscrimination statutes: name]y,
Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, and the
Age Discrimination Act of 1975. They will also be in accordance with regulations of the Secretary of
Agriculture (7 CFR-I5, Subparts A & B), which provide that no person in the United States shall on
the grounds of race, color, national origin, age, sex, religion, marital status, or handicap be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity receiving Federal financial assistance from the Department of Agriculture or any
agency thereof.
KERB COUNTY C ISSIONER'S COURT
By ~
~~y r Ti .v c y \
Title: ,
Date: / - Q (~ - ~ 3
UNITED STATES DEPARTMENT OP AGRICUL"
NATURAL RESOURCES CONSERVATION SER
Title: Acting State Conservationist
Date:
This action authorized at an ofticial meeting
of KFaR ~e,,,~~v t~CrnYn i~yOA/c.Y ~
on the ~G''tday of, 2002, at
f(~,e ~ ~.rfv State of Texas.
State TEXAS
EWP KERR
Agreement No. 69-7442-3-550
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
PROJECT AGREEMENT
CONTRACTING LOCAL ORGANIZATIONS
THIS AGREEMENT, made by and between Ken County Commissioner's Court, called the Contracting
Local Organization (CLO); and the Natural Resources Conservation Service, United States Department of
Agriculture, called NRCS.
WITNESSETH THAT:
WHEREAS, under the provisions of Section 216 of Public Law 81-516, Emergency Watershed Protection
Program, and Title IV of the Agricultural Credit Act of 1978, Public Law 95-334, NRCS is authorized to
assist the CLO in relieving hazards created by natural disasters that cause a sudden impairment of a
watershed.
NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully
performed by the parties hereto as set forth, the Contracting Local Organization (CLO) and NRCS do hereby
agree as follows:
A. It is agreed that the following-described work is to be performed at an estimated cost of $88,000.00.
I. Construction - DSR# - KC 02-04 -The construction consists of stabilizing the road crossing along
Center Point Swing between Comfort and Kerrville which requires one or a mixture of the following
measurements: dumping and placing loose rock riprap, grouting the rock riprap, and the utilization
of gabion baskets. The roadway shall be stabilized and a armored reach between the road and
riverbank established to safely pass storm flows. The estimated cost for the works of improvements
is 75,000.00.
2. The CLO will obtain the services of a Registered Engineer in Texas to prepare design specifications
and drawings including any necessary field work such as surveying and geologic investigation for
restabilization and armoring of the downstream abutments and plunge area. The estimated cost is
$4,000.00.
3. The design documents will be signed and sealed, and suitable for contracting purposes for the above
described construction effort. The estimated costs of engineering design work subject to
reimbursement by NRCS will not exceed six (6) percent of the estimated costs of construction of
works of improvement. The Engineering Design cost is estimated to be $4,500.00.
4. Quality assurance inspection and engineering serves to ensure that construction is performed in
accordance with the design specifications and drawings. The estimated cost is $4,500.00.
B. The Contracting Local Organization {CLO) will:
1. Provide 25% of the cost of the emergency watershed protection measures described in Section A.1.
This cost to the CLO is estimated to be $18,750.00.
Page 2 of 6
2. Provide certification that real property rights have been obtained for installation of the works of
improvement described in Section A. Certification will be provided on Form NRCS-ADS-78,
Assurances Relating to Real Property Acquisition. An Attorney's opinion as to the adequacy of real
property rights is required.
3. 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 the NRCS State Conservationist within thirty days after the effective date of this
agreement.
4. The proposed repairs may exceed 5-acres of disturbance; therefore the Sponsor shall make a
determination of the need for a formal Storm Water Pollution Prevention Plan (SWPPP) under the
EPA NPDES Program. The Sponsor shall provide this determination in writing to the NRCS. If
SWPPP is required, the Sponsor shall complete the required Notice of Intent (NOI) and Notice of
Termination (NOT).
5. The Engineering Firm or Sponsor's Quality Assurance Firm shall provide to the NRCS Government
Representative a monthly report on activities occurring with the project. This monthly report shall
indicate design status, any relevant technical issues, status of construction, list of materials
incorporated in the works of improvement, details on any problems encountered, and information
regarding any field changes. The report should address relevant items as the project dictates,
depending upon whether in planning, design, or construction phase. This report shall be provided by
the 10th of each month following the month the project agreement is signed until completion of the
rp o~ect.
6. Accept all financial and other responsibility for excess costs resulting from their failure to obtain, or
their delay in obtaining, adequate land and water rights, permits, and licenses needed for the works of
improvement described in A.
7. If applicable, complete the attached "Clean Air and Water Certification," and comply with the
attached "Clean Air and Water Clause."
8. Upon acceptance of the completed works from the construction contractor by the CLO, assume
responsibility for operation and maintenance of the completed works in accordance with the
Operation and Maintenance Agreement. The CLO's Engineer will prepare the Operation and
Maintenance Plan. CLO and NRCS will execute operation and Maintenance Agreement prior to
advertising the project.
9. Be responsible for all administrative expenses necessary to arrange for and carry out the works of
improvement described in Section A. These administrative matters include but shall not be limited to
facilities, clerical expenses, and legal counsel, including the fees of such attorney or attorneys
deemed necessary by NRCS to resolve any legal matters.
10. Contract for A&E Services and construction of the works of improvement described in Section A in
accordance with 7 CFR 3016.36, applicable state requirements, and the CLO's procurement
regulations.
11. Comply with the applicable requirements in Attachments A and B to this agreement.
Page 3 of 6
12. Ensure that all contracts for construction of the works of improvement described in Section A include
the provisions contained in Attachment B to this agreement.
13. Provide copies of site maps to appropriate Federal and State agencies for environmental review.
Notify NRCS of environmental clearance, modification of construction plans, or any unresolved
concerns prior to award of the contract(s) for construction of the works of improvement.
l4. Ensure that requirements for compliance with environmental and/or cultural resource laws are
incorporated into the construction contract for the works of improvement described in Section A.
15. Ensure that adequate accident prevention measures aze incorporated into the construction contract for
the works of improvement described in Section A. This may require the inclusion of an appropriate
accident prevention clause and supplement such as the NRCS Supplement to OSHA Parts 1910 and
1926, be made a part of the construction contract. Secure written concurrence of the State
Conservationist before approving a waiver or an adaptation of any of the safety provisions.
16. Ensure that requirements for a written release from the contractor of all claims against the
Contracting Local Organization arising by virtue of the contract, other than claims in stated amounts
as may be specifically excepted by the contractor, be incorporated into the terms of the construction
contract and is a condition for final payment to the contractor.
17. Pay the contractor as provided in the contract(s). Submit billings for reimbursement of incurred costs
to NRCS on Form SF-270, Request for Advance or Reimbursement. The request will be supported
by documentation such as the contractor's invoices that will permit NRCS to reasonable assure itself
that such costs were necessary, adequately documented, and incurred for the NRCS cost-shared items
of work described in Section A.
18. Receive payment under this agreement using electronic funds transfer (EFT) procedures in
accordance with 31 CFR 208. EFT procedures will comply with USDA National Finance Center
(NFC) requirements.
19. Dispose of all claims resulting from the contract; secure prior written concurrence of the State
Conservationist if NRCS funds are involved.
20. 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 awazd, source evaluation, and litigation that may result from the project. Such
actions will be at the expense of the Contracting Local Organization, including any legal expenses.
The Contracting Local Organization will advise, consult with, and obtain prior written concurrence of
NRCS on any litigation matters in which NRCS could have a financial interest.
21. Hold and save NRCS free from any and all claims or causes of action whatsoever resulting from the
obligations undertaken by the Contracting Local Organization under this agreement or resulting from
the work provided for in this agreement.
22. 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, assign and transfer to NRCS any or all
claims, demands, and causes of action of every kind whatsoever which the Contracting Local
Organization has against the contractor or his or her sureties.
Page 4 of 6
23. Arrange for and conduct final inspection of completed works of improvement with NRCS to
determine whether all work has been performed in accordance with contractual requirements. Secure
written concurrence of the State Conservationist before notifying the contractor of the acceptance of
the job.
24. Upon completion and acceptance of all work and as provided by the terms of the contract, obtain a
written release from the contractor of all claims against the Contracting Local Organization arising by
virtue of the contract, other than claims in stated amounts as may be specifically excepted by the
contractor.
25. Upon acceptance of the work from the contractor, assume responsibility for operation and
maintenance in accordance with the Operation and Maintenance Agreement.
26. Retain all records dealing with the award and administration of the contract for 3 yeazs from the date
of the Contracting Local Organization's submission of the final request for reimbursement or until
final audit findings have been resolved, whichever is longer. If any litigation is started before the
expiration of the 3-year period, the records are to be retained until the litigation is resolved or the end
of the 3-year period, whichever is longer. Make such records available to the Comptroller General of
the United States or his or her duly authorized representative and accredited repcesentatives of the
Department of Agriculture or cognizant audit agency for the purpose of making audit, examination,
excerpts, and transcriptions.
C. NRCS will:
1. Provide 75% percent of the cost of construction of the works of improvement described in
Section A. 1. This cost to NRCS is estimated to be $56,250.00.
2. Provide 100% of the cost of A&E Services up to the estimated cost of $4,000.00 described in Section
A. 2.
3. Provide 100% of the cost of the Design described in Section A. 3. estimated to be $4,500.00.
4. Provide 100% of the cost of the Quality Assurance described in Section A. 4. estimated to be
$4,500.00.
5. The cumulative amount of technical assistance as detailed in Section C.2-4 above is $13,000.00.
6. Provide authorized assistance such as estimates of contract costs, length of contract period, results of
tests and studies as available, site investigations, design and layout, and drawings and specifications.
7. Consult with the Contracting Local Organization as needed in preparing the invitation for bids and
awarding and administering the contract.
8. The following individual is designated as the Government Representative between the Sponsor and
NRCS. Mr. Tim Buscha, Agricultural Engineer
NRCS, Temple State Office
101 South Main 76501
Phone:254-742-9896
Fax:254-742-9848
Page 5 of 6
9. Make payment to the Contracting Local Organization covering the MRCS' shaze of the cost upon
receipt and approval of Form SF-270, withholding the amount of damages sustained by MRCS as
provided for in this agreement. Payment will be made under this agreement using electronic funds
transfer (EFT) procedures in accordance with 31 CFR 208.
D. It is mutually agreed that:
1. This agreement shall become null and void 90 calendar days after the date NRCS has executed this
agreement if a contract has not been awarded. The Design, Quality Assurance Plan, and Operation
and Maintenance Plan is due no later than Mazch 30, 2003. Construction must be completed by no
later than June 30, 2003.
2. The State Conservationist may make adjustments in the estimated cost to NRCS set forth in Section A
for constructing the works of improvement. Such adjustments may increase or decrease the amount of
estimated funds that aze related to differences between such estimated cost and the amount of the
awarded contract or to changes, differing site conditions, quantity variations, or other actions taken
under the provisions of the contract. No adjustment is to change the cost sharing assistance to he
provided by MRCS as set forth in Section A nor reduce funds below the amount required to carry out
MRCS' shaze of the contract.
3. With noted exception for above item 2, this agreement maybe amended as mutually agreed by written
amendment duly executed by authorized officials of the signatory parties to this agreement.
4. The contract for constructing the work described in Section A, will not be awarded to [he Contracting
Local Organization, or to any firm in which the Contracting Local Organization official or any
member of such official's immediate family has direct or indirect interest in the pecuniary profits or
contracts of such firms.
5. In the event of contractor default, any additional funds properl y allocable as construction costs
required to ensure completion of the job are to be provided in the same ratio as construction funds are
contributed by the parties under the terms of this agreement. Any excess costs including interest
resulting from a judgment collected from the defaulting contractor, or his or her surety, will be
prorated between the Contracting Local Organization and NRCS in the same ratio as construction
funds are contributed under the terms of the agreement.
6. Additional funds including interest properly allocable as construction costs as determined by NRCS,
required as a result of a court judgment in favor of the contractor, will be provided in the same ratio as
construction funds are contributed under the terms of this agreement. MRCS will not be obligated to
contribute funds under any agreement or commitment made by the Contracting Local Organization
without prior concurrence of MRCS.
NRCS may terminate this agreement in whole or in par[ if it is determined by NRCS that the
Contracting Local Organization have failed to comply with any of the conditions of this agreement.
NRCS shall promptly notify the Contracting Local Organization in writing of the determination and
reasons for the termination, together with the effective date. Payments made by or recoveries made by
NRCS under this termination shall be in accordance with the legal rights and liabilities of MRCS and
the Contracting Local Organization.
8. This agreement may be temporarily suspended by NRCS if NRCS determines that corrective action by
the Contracting Local Organization is needed to meet the provisions of this agreement. Further,
NRCS may suspend this agreement when it is evident that a termination is pending.
Page 6 of 6
9. NRCS, at its sole discretion, may refuse to cost share should the Contracting Local Organization, in
administering the contract, elect to proceed without obtaining concurrence as set out in Section B. of
this agreement.
10. The furnishing of the administrative and technical services by NRCS as set out in Section C is
contingent upon the continuing availability of appropriations by the Congress from which payment
may be made and shall not obligate NRCS if the Congress fails to so appropriate.
1 1. No Member of or delegate to Congress or Resident Commissioner shall be admitted to any share or
part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be
construed to extend to this agreement if made with a corporation for its general benefit.
12. The program or activities conducted under this agreement will be in compliance the nondiscrimination
provisions contained in the Titles 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 nondiscrimination statutes: namely,
Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, and the
Age Discrimination Act of 1975. They will also be in accordance with regulations of the Secretary of
Agriculture (7 CFR-15, Subparts A & B), which provide that no person in the United States shall on
the grounds of race, color, national origin, age, sex, religion, marital status, or handicap be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity receiving Federal financial assistance from the Department of Agriculture or any
agency thereof.
KERR COUNTY
COU;tT
By: L ~ ~~-~
Title: ~'~~d~
Date: /-/?y -03
This action authorized at an official meeting
on the ~~'~ day of ~s f , 2002, at
~r~.C~'~2~ty State of Texas.
^ ,^, • ~ - _,_.~_
~1 ~~ i L~
(~ (Signature)
~m~~ ~~~.
(Title)
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
By_
Title: Acting State Conservationist
~~,\591ONEgS
G
U~
~A_
Date:
ATTACHMENT A -SPECIAL PROVISIONS
I. DRUGFREE WORKPLACE CERTIFICATION
II. CERTIFICATION REGARDING LOBBYING
III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSHiILITY MATTERS -PRIMARY COVERED
TRANSACTIONS
IV. CLEAN AIR AND WATER CERTIFICATION
V. ASSURANCES AND COMPLLANCE
VI. EXAMINATION OF RECORDS
ATTACHMENT A -SPECIAL PROVISIONS
The signatories (grantee, recipient sponsor, or cooperator) ogees to comply with the following
special provisions which aze hereby attached to this ageement.
I. Drug-Free Workplace.
By signing this agreement, the recipient is providing the certification set out below. If it is later
determined that the recipient knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, the 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) 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;
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 grantee directly engaged in the performance of work
under a grant, including: (I) All direct charge employees; (ii) All indirect chazge employees
unless their impactor involvement is insignificant to the performance of the grant; and, (iii)
Temporary personnel and consultants who aze directly engaged in the performance of work under
the grant and who are on the grantee's payroll. This defmition 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 employees of subrecipients
or subcontractors in covered workplaces).
Certification:
A. The grantee certifies that it will or will continue to provide adrug-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 awazeness progam to inform employees about --
(1) The danger of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance progams; 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) Notifying the employee in the statement required by paragraph 9a) 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 calendaz days after such a conviction;
(e) Notifying NRCS in writing, within ten calendaz days after receiving notice under
paragraph 9(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) "faking 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) Making a good faith effort to continue to maintain adrug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f J.
(h) Agencies shall keep the original of all disclosure reports in the official files of the agency
B. The recipient 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)
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
recipient, to any person for influencing or attempting to influence an officer or employee of an
agency, Member of Congress, and officer or employer of Congress, or 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 contact, 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 Congess, in
connection with this Federal contract, grant, loan, or coopeative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(3) The recipient shall require that the language of this certification be included in the award
documents for all subawazds at all tiers (including subcontracts, subgmnts, 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 Re
and Other
Covered
(1) The recipient certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) 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;
(c) Are not presently indicted for or otherwise criminally or civilly chazged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
(d) Have not within athree-year period preceding this application/proposal has one or more
public transactions (Federal, State or local) terminated for cause or default.
(2) Where the primary recipient is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this agreement.
N. 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 recipient signatory to this agreement certifies as follows:
(a) 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.
1
(b) To promptly notify the State or Regional Conservationist 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/she proposes to use for the performance of the agreement is under consideration 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 recipient agrees as follows:
(I) 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. sq., 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.
(3) To use their best efforts to comply with clean air standards and clean water standazds 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:
(1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as
amended by Public Law 91-604).
(2) The term "Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C.
1251 et seq., as amended by Public Law 92-55).
(3) The term "clean air standards" means any enforceable rules, regulations, guidelines,
standards, limitations, orders, controls, prohibitions, or other requirements which aze 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 11 I (c) or section
111(d), respectively, of [he 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 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).
(5) The term "compliance" means compliance with clean air or water standazds. 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
issued pursuant thereto.
(6) The term "facility" means any building, plant, installation, structure, mine, vessel or other
floating crafr, 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 Activities,
Environmental Protection Agency, determines that independent facilities aze collated 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 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, 3019, 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 the 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 yeazs after completion of the terms of this
agreement in accordance with the applicable OMB Circulaz.
ATTACRMENT A - SPECLAL PROVISIONS
I. DRUG-FREE: WORKPLACE CERTIFICATION
II. CERTIFICATION REGARDING LOBBYING
III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTIIER RESPONSIBILITY MATTERS -PRIMARY COVERED
TRANSACTIONS
PV. CLEAN AIR AND WATER CERTIFICATION
V. ASSURANCES AND COMPLIANCE
VI. EXAMINATION OF RECORDS
ATTACHMENT A -SPECIAL PROVISIONS
The signatories (granted, recipient sponsor, or cooperator) agrees to comply with the following
special provisions which are hereby attached to this agreement.
I. Drug-Free Workplace.
[3y signing this agreement, the recipient is providing the certification set out below. If it is later
determined that the recipient knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, the 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) 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;
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 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 mect a matching requirements;
consultants or independent contractors not on the grantees' payroll; or employees of subrecipients
or subcontractors in covered workplaces).
Certification:
A. The grantee certifies that it will or will continue to provide adrug-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 maintaining 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) Notifying the employee in the statement required by paragraph 9a) that, as a condition of
employment under the gran[, 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 NRCS in writing, within ten calendar days after receiving notice under
paragraph 9(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) Making a good faith effort to continue to maintain adrug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
(h) Agencies shall keep the original of all disclosure reports in the official files of the agency
B. The recipient 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
(I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
recipient, to any person for influencing or attempting to influence an officer or employee of an
agency, Member of Congress, and officer or employer of Congress, or 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.
(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, [he undersigned shall
complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(3) The recipient 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 al] 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 ccrtifcation 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 no[ more than $100,000 for each such failure.
III. Certification Re
and Other
Covered
(1) The recipient certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) 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;
(c) 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
(1)(b) of this certification; and
(d) Have not within athree-year period preceding this application/proposal has one or more
public transactions (Federal, State or local) terminated for cause or default.
(2) Where the primary recipient 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.)
e recipient signatory to this agreement certifies as follows:
(a) 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.
(b) To promptly notify the Slate or Regional Conservationist 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/she proposes to use for the performance of the agreement is under consideration 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 recipient 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. sq., 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.
(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.
(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
(1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as
amended by Public Law 91-604).
(2) The term "Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C.
1251 et seq., as amended by Public Law 92-55).
(3) 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
11 I(d), respectively, of the Air Act (42 U.S.C. 1857c-6(c) or (d)), or an approved implementation
procedure under section l 12(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 a permit issued to a discharger by the Envirotmental 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).
(5) 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
issued pursuant thereto.
(6) The term "facility" means any building, plant, installation, structure, mine, vessel or other
floating crafr, 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 Activities,
Environmental Protection Agency, determines that independent facilities are collated in one
geographical area.
V. Assurances and Comnliance
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 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, 3019, 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 the MRCS 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.
ATTACHMENT B
I. EQUAL OPPORTUNITY (SCS-AS-83)
II. EQUAL OPPORTUNITY (FEDERAL ASSISTED CONSTRUCTION)
(SCS-AS-83)
III. NOTICE TO CONTRACTING LOCAL ORGANIZATION OF REQUIREMENTS
FOR CERTIFICATIONS OF NONSEGREGATED
FACILITIES
IV. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION
CONTRACTORS
V. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS
FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES
VI. CERTIFICATION OF NONSEGREGATED FACILITIES (SCS-AS-818)
VII. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTLRVITY
CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE
ORDER 11246)
ATTACHMENT B -SPECIAL PROVISIONS
CONSTRUCTION
I -EQUAL OPPORTUNITY
The Contracting Local Organization agrees to incorporated, or cause to be incorporated, into any
contract for construction work, or modification thereof, as defined in the rules and regulations oC
the Secretary of Labor at 4l CFR, Chapter 60, which is paid for, in whole or in part, with funds
obtained from the Federal Govemment or borrowed on the credit of the Federal Govemment
pursuant to grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal
program involving such grant, contract, loan, insurance, or guarantee, the following Equal
Opportunity (Federally Assisted Construction) clause:
II -EQUAL OPPORTUNITY (FEDERALLY ASSISTED CONSTRUCTION)
During the performance of this contract, the Contractor agrees as follows:
I . The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, or national origin. Such action shall include, but
not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff determination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided setting
forth the provisions of this Equal Opportunity (Federally Assisted Construction) clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
3. The Contractor will send to each labor union or representative of workers, with which he
has a collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representative of the Contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
4. The Contractor will comply with all provisions of Executive Order No. 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Contractor will furnish all information and reports required by Executive Order No.
1 1246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the Equal Opportunity (Federally
Assisted Construction) clause of this contract or with any of the said rules, regulations, or orders,
this contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor
may be declared ineligible for further Govemment contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order No. 11246 of September
24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as provided by law.
7. The Contractor will include this Equal Opportunity (Federally Assisted Construction) clause
in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however that in the event a Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency the Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
The Contracting Local Organization further agrees that it will be bound by the above Equal
Opportunity (Federally Assisted Construction) clause with respect to its own employment
practices when it participates in federally assisted construction work: Provided, however, that if
the Contracting Local Organization so participating is a State or local government, the above
Equal Opportunity (Federally Assisted Construction) clause is not applicable to any agency,
instrumentality, or subdivision of such government which does not participate in work on or
under the contract.
The Contracting Local Organization agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of Contractors and
subcontractors with the Equal Opportunity (Federally Assisted Constn~ction) clause and the rules,
regulations and relevant orders of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may require for the supervision of
such compliance, and that it will otherwise assist the administering agency in the discharge of the
agency's primary responsibility for securing compliance.
The Contracting Local Organization further agrees that it will refrain from entering into any
contractor contract modification subject to Executive Order No. 11246 of September 24, 1965,
with a Contractor debarred from, or who has not demonstrated eligibility for, Government
contracts and Federally assisted construction contracts pursuant to the Executive Order and will
carry out such sanctions and penalties for violation of the Equal Opportunity (Federally Assisted
Construction) clause as may be imposed upon Contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive
Order. In addition, the Contracting Local Organization agrees that if it fails or refuses to comply
with these undertakings the administering agency may take any or all of the following actions:
Cancel, terminate, or suspend, in whole or in part, this grant; refrain from extending any further
assistance to the Contracting Local Organization under the program with respect to which its
failure or refusal occurred until satisfactory assurance of future compliance has been received
from such Contracting Local Organization; and refer the case to the Department of Justice for
appropriate legal proceedings.
III -NOTICE TO CONTRACTING LOCAL ORGANIZATIONS OF REQUIREMENT
FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
(a) A Certification of Nonsegregated Facilities must be submitted by [he Contracting Local
Organization prior to any agreement for Federal financial assistance where the Contracting Local
~ Organization will itself perform a federally assisted construction contract exceeding $10,000
which is not exempt from the provisions of the Equal Opportunity clause.
(b) The Contracting Local Organization shall notify prospective federally assisted construction
contractors of the Certification of Nonsegregated Facilities required, as follows:
IV - NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION
CONTRACTORS
(a) A Certification of Nonsegregated Facilities must be submitted prior to the award of a
federally assisted construction contract exceeding $10,000 which is not exempt from the
provisions of the Equal Opportunity clause.
(b) Contractors receiving federally assisted construction contract awards exceeding $10,000
which are not exempt from the provisions of the Equal Opportunity clause will be required to
provide for the forwarding of the following notice to prospective subcontractors for supplies and
construction contracts where the subcontracts exceed $10,000 and are not exempt from the
provisions of the Equal Opportunity clause.
V -NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
(a) A Certification of Nonsegregated Facilities must be submitted prior to the award of a
subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity
clause.
(b) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from
the provisions of the Equal Opportunity clause will be required to provide for the forwazding of
this notice to prospective subcontractors for supplies and construction contracts where [he
subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity
clause.
SCS-AS-818
Rev. 4-70
File Code AS-14
VI -CERTIFICATION OF NONSEGREGATED FACILITIES
(Applicable to federally assisted construction contracts and related subcontracts
exceeding $10,000 which are not exempt from the Equal Opportunity Clause.)
The federally assisted construction contractor certifies that he/she does not maintain or
provide for his/her employees any segregated facilities at any of his/her establishments, and that
he/she does not permit his/her employees to perform their services at any location, under his/her
control, where segregated facilities are maintained. The federally assisted construction contractor
certifies further that he/she will not maintain or provide for his/her employees any segregated
facilities at any of his/her establishments, and that he/she will not permit his/her employees to
perform their services at any location, under his/her control, where segregated facilities are
maintained. The federally assisted construction contractor agrees that a breach of this section is a
violation of the Equal Opportunity Clause in this contract. As used in this caption, the term
"segregated facilities" means any waiting rooms, work azeas, restrooms and washrooms,
restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas,
parking lots, dg fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in fact segregated on the
basis of race, color, religion, or national of because of habit, local custom, or otherwise. The
federally assisted construction contractor agrees that (except where he/she has obtained identical
certifications from proposed subcontractors for specific time periods) he/she will obtain identical
certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000
which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will
retain such certifications in his/her files.
NOTE-. The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
~,.~ ~. /-G -0 3
Title Date
VII -STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
(EXECUTIVE ORDER 11246)
As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from
which this contract resulted;
b. "Director" means Director, Office of Federal Contract act Compliance Program,
United States Department of i.abor, or any person to whom the Director
delegates authority;
c. "Employer identification number" means the Federal Social Security number
used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department
Form 94 1.
d. "Minority" includes:
(i) Black (all persons having origins in any of the Black African racial
groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cub Central or South
American or other Spanish Culture or origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the
original peoples of the Far East, Southeast Asia, the Indian Subcontinent,
or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all groups having origins in any of
the original peoples of North America and maintaining identifiable tribal
affiliations through membership and participation or community
identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the
work involving any construction trade, it shall physically include in each subcontract in
excess of $10,000, the provisions of these specifications and the Notice which contains
the applicable goals for minority and female participation and which is set forth in the
solicitations from which the contract resulted.
If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan
approved by the U.S. Department of Labor in the covered area either individually or
through as association, its affirmative. action obligations on all work in the Plan area
(including goals and timetables) shall be in accordance with that Plan for those trades
which have unions participating in the Plan. Contractors must be able to demonstrate
their participation in and compliance with the provisions of any such Hometown Plan.
Eacti Contractor or Subcontractor participating in an approved Ylan is individually
required to comply with its obligations under the EEO Clause, and to make a good faith
effort to achieve each goal under the Plan in each trade in which it has employees. The"
overall good faith performance by other Contractors or Subcontractors toward a goal in
an approved Plan does not excuse any covered Contractors or Subcontractors failure to
take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in
Paragraphs 7. a. through 7. p. of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of the total
hours of employment and training of minority and female tuition that the Contractor
should reasonably be able to achieve in each construction trade in which it has employees
in the covered area. Covered construction contractors performing construction work in
geographical areas where they do not have a Federal or Federally assisted construction
contract shall apply the minority and female goals established for the geographical area
where the work is being performed. Goals are published periodically in the Federal
Register in notice of and such notices may be obtained from any Office of Federal
Contract Compliance Programs or from Federal procurement Contracting Officers. The
Contractor is expected to make substantially uniform progress toward meeting its goals in
each crafr during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union
with whom the Contractor has a collective bargaining agreement, to refer either
minorities or women shall excuse the Contractors obligations under these specifications,
Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in
meeting the goals, apprentices and trainees must be employed by the Contractor during
the training period, and the Contractor must have made a commitment to employ the
apprentices and trainees at the completion of their training, subject to the availability of
employment opportunities. Trainees must be trained pursuant to training programs
approved by the U.S. Department of Labor.
The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractors compliance with these specifications shall
be based upon its effort to achieve maximum results from its actions. The Contractor
shall document these efforts fully, and shall implement affirmative action steps at least as
extensive as the following: ,
a. Ensure and maintain a working environment free of harassment, intimidation and
coercion at all sites, and in all at which the Contractors employees are assigned to
work. The Contractor, where possible, will assign two or more women to each
construction project. The Contractor shall specifically ensure that alt foremen,
superintendents, and other on-site supervisory personnel are aware of and carry
out the Contractors obligations to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or in
such facilities.
b. Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the Contractor or its unions have employment
opportunities available, and maintain a record of the organization's responses.
c. Maintain a current file of the names, addresses and telephone numbers of each
minority and female off-the-street applicant and minority and female referral
from a union, a recruitment source or community organization and of what action
was taken with respect to each such individual. If such individual was sent to the
union hiring hall for referml and was not referred back to the Contractor by the
union or, if referred, no[ employed by the Contractor, this shall be documented in
the file with the reason therefore, along with whatever additional actions the
Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions
with which the Contractor has a collective bargaining agreement has not referred
to the Contractor a minority person or woman sent by the Contractor, or when the
Contractor has other information that the union referral process had impeded the
Contractor's efforts to meet its obligations.
e. Develop on-the job training opportunities and/or participate in training programs
for the area which expressly include minorities, and women, including upgrading
programs and apprenticeship and trainee programs relevant to the Contractors
employment needs, especially those programs funded or approved by the
Department of Labor. The Contractor shall provide notice of these programs to
the sources compiled under Paragraph 7.b. above.
Disseminate the Contractor's EEO policy by providing notice of the policy to
unions and training programs and requesting their cooperation in assisting the
Contractor in meeting its EEO obligations; by including it in any policy manual
and collective bargaining agreement; by publicizing it in the company
newspaper, annual report, etc.; specific review of the policy with all management
personnel and with all minority and female employees at least once a year, and
by posing the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and the action obligations
under these specifications with all employees having any responsibility for
hiring, assessment, layoff, termination, or their employment decisions, including
specific review of these items with on-site supervisory personnel such as
Superintendents, General FoKeman etc., prior to the initiation of construction
work at any job site. A written record shall be made and maintained identifying
the time and place of these meetings, persons attending, subject matter discussed,
and disposition of the subject matter.
h. Disseminate the Contract's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female news
media, and providing written notification to and discussing the Contractor's EEO
policy with other Contractors and Subcontractors with whom the Contractor does
or anticipate doing business.
Direct its recruitment efforts, both oral and written, to minority, female, and
community organizations, to schools with minorities and female students and to
minority and female recruitment and training organizations serving the
Contractor's recruitment area and employment needs. Not later than one month
prior to the date for the acceptance of the applications for apprenticeship or other,
[raining by any recruitment sources, the Contractor shall send written
notification, to organizations such as the above, describing the openings,
screening procedure, and tests to be used in the selection process.
Encourage present minority and female employees to recruit other minority
persons and women and, where reasonable, provide after school, summer and
vacation employment to minority and female youth both on the site and in other
areas of a Contractors workforce.
k. Validate all tests and other selection requirements where there is an obligation to
do so under 41 CFR Part 60-3.
Conduct, at least annually, an inventory and evaluation at least of all minority
and female personnel for promotional opportunities and encourage these
employees to seek or to prepare for, through appropriate training, etc., such
opportunities.
m. Ensurc that seniority practices, job classification work assignments, and other
personnel practices, do not have a discriminatory effect by continually
monitoring all personnel and employment related activities to ensure [hat the
EEO policy and the Contractor's obligations under these specifications are being
carried out.
n. Ensure that all facilities and company activities are nonsegregated except that
separate or single-user toilet and necessary changing facilities shall be provided
to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts
from minority and female construction contractors and suppliers, including
circulation of solicitations to minority and female contractor associations and
other business associations.
p. Conduct a review, at least annually, of all supervisors' adherence to and
performance under the Contractor's EEO policies and affirmative action
obligations.
8. Contractors are encouraged to participate in voluntary associations that assist in fulfilling
one or more of the affirmative action obligations (7.a- through 7.p). The efforts of a
contractor association, joint contractor-union, contractor-community, or other share
group of which the Contractor is a member and participant, may be asserted as fulfilling
any one or more of its obligations under Paragraphs 7.a. through 7.p. of these
Specifications provided that the Contractor actively participates in the group, makes
every effort to assure that the group has a positive impact on the employment of
minorities and women in the industry, ensures that the concrete benefits of the program
are reflected in the Contractors minority and female workforce participation, makes a
good faith effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the
Contractor. The obligation to comply, however, is the Contractor's and failure of such a
group to fulfill an obligation shall not he a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established.
The Contractor, however, is required to provide equal employment opportunity and to
take affirmative action for all minority groups, both male and female, and all women,
both minority and nonminority. Consequently, the Contractor may be in violation of the
Executive Order if a particular group is employed in a substantially disparate manner (for
example, even though the Contractor has achieved its goals for women generally, the
Contractor may be in violation of the Executive Order if a specific minority group of
women is underutilized).
10. The Contractor shall not use the goals and timetables of affirmative action standards to
discriminate against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any person or firm debarred
from Government contracts pursuant to Executive Order 11246.
l2. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination,
and cancellation of existing subcontracts as may be imposed or ordered pursuant to
Executive Order 11246, as amended, and its implementing regulations, by the Office of
Federal Contract Compliance Programs. Any Contractor who fails to cant' out such
sanctions and penalties shall be in violation of these specifications and Executive Order
l 1246, as amended.
13. The Contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit reports
relating to the provisions hereof as may be required by the Government, and to keep
records. Records shall at least include for each employee the name, address, telephone
numbers, construction trade, union affiliation if any, employee identification number
when assigned, social security number, race, sex, status (e.g., mechanic, apprentice,
trainee, helper, or laborer), dates of changes in status, hours worked per week in the
indicated trade, rate of pay, and locations at which the work was performed. Records
shall be maintained in an easy understandable and retrievable form however, to the
degree that existing records satisfy this requirement, Contractors shall not be required to
maintain separate records.
14. The Contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards prescribed in
Paragraph 7 of these specifications, so as to achieve maximum results from its efforts to
ensure equal employment opportunity. If the Contractor fails to comply with the
requirements of the Executive Order, the implementing regulations, or these
specifications, the Director shall proceed in accordance with 41 CFR 604.8.
l5. Nothing herein provided shall be construed as a limitation upon the application of other
laws which establish different standards of compliance or upon the application of
requirements for hiring of local or other area residents (e.g., those under the Public
Works Employment Ac[ of 1977 and the Community Development Block Grant
Program).
ATTACIIMENT B
I. EQUAL OPPORTUNITY (SCS-AS-83)
II. EQUAL OPPORTUNITY (FEDERAL ASSISTED CONSTRUCTION)
(SCS-AS-83)
III. NOTICE TO CONTRACTING LOCAL ORGANIZATION OF REQUIItEMENTS
FOR CERTIFICATIONS OF NONSEGREGATED
FACILITIES
IV. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION
CONTRACTORS
V. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIItEMENTS
FOR CERTIFICATIONS OF NONSEGREGATED FACII.TTIES
VL CERTIFICATION OF NONSEGREGATED FACILTTIE5 (SCS-AS-818)
VII. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE
ORDER 11246)
ATTACHMENT B -SPECIAL PROVISIONS
CONSTRUCTION
I -EQUAL OPPORTUNITY
The Contracting Local Organization agrees to incorporated, or cause to be incorporated, into any
contract for construction work, or modification thereof, as defined in the rules and regulations of
the Secretary of Labor at 41 CFR, Chapter 60, which is paid for, in whole or in part, wiW funds
obtained from the Federal Government or borrowed on the credit of the Federal Government
pursuant to grant, contract, loan, insurance, or guazantee, or undertaken pursuant to any Federal
program involving such grant, contract, loan, insurance, or guarantee, the following Equal
Opportunity (Federally Assisted Construction) clause:
II -EQUAL OPPORTUNITY (FEDERALLY ASSISTED CONSTRUCTION)
During the performance of this contract, the Contractor agrees as follows:
I. The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor will take affirmative
action to ensure that applicants are employed, and that employees aze treated during employment
without regard to their race, color, religion, sex, or national origin. Such action shall include, but
not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff determination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided setting
forth the provisions of this Equal Opportunity (Federally Assisted Construction) clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
3. The Contractor will send to each labor union or representative of workers, with which he
has a collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representative of the Contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
4. The Contractor will comply with all provisions of Executive Order No. 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the Equal Opportunity (Federally
Assisted Construction) clause of this contract or with any of the said rules, regulations, or orders,
this contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor
may be declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order No. 11246 of September
24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as provided by law.
7. The Contractor will include this Equal Opportunity (Federally Assisted Construction) clause
in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however that in the event a Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency the Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
The Contracting Local Organization further ogees that it will be bound by the above Equal
Opportunity (Federally Assisted Construction) clause with respect to its own employment
practices when it participates in federally assisted construction work: Provided, however, that if
the Contracting Local Organization so participating is a Slate or local government, the above
Equal Opportunity (Federally Assisted Construction) clause is not applicable to any agency,
instrumentality, or subdivision of such government which does not participate in work on or
under the contract.
The Contracting Local Organization agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of Contractors and
subcontractors with the Equal Opportunity (Federally Assisted Construction) clause and the rules,
regulations and relevant orders of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may require for the supervision of
such compliance, and that it will otherwise assist the administering agency in the discharge of the
agency's primary responsibility for securing compliance.
The Contracting Local Organization further ogees that it will refrain from entering into any
contractor contract modification subject to Executive Order No. 11246 of September 24, 1965,
with a Contractor debarred from, or who has not demonstrated eligibility for, Government
contracts and Federally assisted construction contracts pursuant to the Executive Order and will
carry out such sanctions and penalties for violation of the Equal Opportunity (Federally Assisted
Construction) clause as may be imposed upon Contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive
Order. In addition, the Contracting Local Organization agrees that if it fails or refuses to comply
with these undertakings the administering agency may take any or all of the following actions:
Cancel, terminate, or suspend, in whole or in part, this grant; refrain from extending any further
assistance to the Contracting Local Organization under the program with respect to which its
failure or refusal occurred until satisfactory assurance of future compliance has been received
from such Contracting Local Organization; and refer the case to the Department of Justice for
appropriate legal proceedings.
III -NOTICE TO CONTRACTING LOCAL ORGANIZATIONS OF REQUIREMENT
FOR
CERTIFICATIONS OF NONSEGREGATED FACILITIES
(a) A Certification of Nonsegregated Facilities must be submitted by the Contracting Local
Organization prior to any agreement for Federal financial assistance where the Contracting Local
Organization will itself perform a federally assisted construction contract exceeding $10,000
which is not exempt from the provisions of the Equal Opportunity clause.
(b) The Contracting Local Organization shall notify prospective federally assisted construction
contractors of the Certification of Nonsegregated Facilities required, as follows:
N -NOTICE TO PROSPECTNE FEDERALLY ASSISTED CONSTRUCTION
CONTRACTORS
(a) A Certification of Nonsegregated Facilities must be submitted prior to the award of a
federally assisted construction contract exceeding $10,000 which is not exempt from the
provisions of the Equal Opportunity clause.
(b) Contractors receiving federally assisted construction contract awazds exceeding $10,000
which are not exempt from the provisions of the Equal Opportunity clause will be required to
provide for the forwarding of the following notice to prospcctivc subcontractors for supplies and
construction contracts where the subcontracts exceed $10,000 and aze not exempt from the
provisions of the Equal Opportunity clause.
V -NOTICE TO PROSPECTNE SUBCONTRACTORS OF REQUIItEMENT FOR
CERTIFICATIONS OF NONSEGREGATED FACII,ITIES
(a) A Certification of Nonsegregated Facilities must be submitted prior to the awazd of a
subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity
clause.
(b) Contractors receiving subcontract awards exceeding $10,000 which aze not exempt from
the provisions of the Equal Opportunity clause will be required to provide for the forwazding of
this notice to prospective subcontractors for supplies and construction contracts where the
subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity
clause.
SCS-AS-818
Rev. 4-70
File Code AS-14
VI -CERTIFICATION OF NONSEGREGATED FACILITIES
(Applicable to federally assisted construction contracts and related subcontracts
exceeding $10,000 which are not exempt from the Equal Opportunity Clause.)
The federally assisted construction contractor certifies that he/she does not maintain or
provide for his/her employees any segregated facilities at any of his/her establishments, and that
he/she does not permit his/her employees to perform their services at any location, under his/her
control, where segregated facilities aze maintained. The federally assisted construction contractor
certifies further that he/she will not maintain or provide for his/her employees any segregated
facilities at any ofhis/her establishments, and that he/she will not permit his/her employees to
perform their services at any location, under his/her control, where segregated facilities are
maintained. The federally assisted construction contractor agrees that a breach of this section is a
violation of the Equal Opportunity Clause in this contract. As used in this caption, the term
"segregated facilities" means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing azeas,
parking lots, dg fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in fact segregated on the
basis of race, color, religion, or national of because of habit, local custom, or otherwise. The
federally assisted construction contractor agrees that (except where he/she has obtained identical
certifications from proposed subcontractors for specific time periods) he/she will obtain identical
certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000
which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will
retain such certifications in his/her files.
NOTE-. The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
~ tf1~
Contractor
y y ~
vkr 7iiv~Fy Signature
Tith Date
VII -STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
(EXECUTIVE ORDER 11246)
As used in these specifications:
a. "Covered azea" means the geographical azea described in the solicitation from
which this contract resulted;
b. "Director" means Director, Office of Federal Contract act Compliance Program,
United States Department of Labor, or any person to whom the Director
delegates authority;
c. "Employer identification number" means the Federal Social Security number
used on the Employer's Quarterly Federal Tax Retum, U.S. Treasury Department
Form 94 1.
d. "Minority" includes:
(i) Black (all persons having origins in any of the Black African racial
groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cub Central or South
American or other Spanish Culture or origin, regazdless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the
original peoples of the Faz East, Southeast Asia, the Indian Subcontinent,
or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all groups having origins in any of
the original peoples of North Arnerica and maintaining identifiable tribal
affiliations through membership and participation or community
identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the
work involving any construction trade, it shall physically include in each subcontract in
excess of $10,000, the provisions of these specifications and the Notice which contains
the applicable goals for minority and female participation and which is set forth in the
solicitations from which the contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan
approved by the U.S. Department of Labor in the covered area either individually or
through as association, its affirmative action obligations on all work in the Plan azea
(including goals and timetables) shall be in accordance with that Plan for those trades
which have unions participating in the Plan. Contractors must be able to demonstrate
their participation in and compliance with the provisions of any such Hometown Plan.
Each Contractor or Subcontractor participating in an approved Plan is individually
required to comply with its obligations under the EEO Clause, and to make a good faith
effort to achieve each goal under the Plan in each trade in which it has employees. The"
overall good faith performance by other Contractors or Subcontractors toward a goal in
an approved Plan does not excuse any covered Contractors or Subcontractors failure to
take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in
Paragraphs 7. a. through 7. p. of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of the total
hours of employment and training of minority and female tuition that the Contractor
should reasonably be able to achieve in each construction trade in which it has employees
in the covered azea. Covered construction contractors performing construction work in
geographical areas where they do not have a Federal or Federally assisted construction
contract shall apply the minority and female goals established for the geographical area
where [he work is being performed. Goals aze published periodically in the Federal
Register in notice of and such notices may be obtained from any Office of Federal
Contract Compliance Programs or from Federal procurement Contracting Officers. The
Contractor is expected to make substantially uniform progress toward meeting its goals in
each craft during the period specified.
5. Neither the provisions of any collective bazgaining agreement, nor the failure by a union
with whom the Contractor has a collective bargaining agreement, to refer either
minorities or women shall excuse the Contractors obligations under these specifications,
Executive Order 11246, or the regulations promulgated pursuant thereto.
In order for the nonworking training hours of apprentices and trainees to be counted in
meeting the goals, apprentices and trainees must be employed by the Contractor during
the [raining period, and the Contractor must have made a commitment to employ the
apprentices and trainees at the completion of their training, subject to the availability of
employment opportunities. Trainees must be trained pursuant to training programs
approved by the U.S. Department of Labor.
The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractors compliance with these specifications shall
be based upon its effort to achieve maximum results from its actions. The Contractor
shall document these efforts fully, and shall implement affirmative action steps at least as
extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation and
coercion at all sites, and in all at which the Contmctors employees are assigned to
work. The Contractor, where possible, will assign two or more women to each
construction project. The Contractor shall specifically ensure that all foremen,
superintendents, and other on-site supervisory personnel are awaze of and carry
out the Contractors obligations to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or in
such facilities.
b. Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the Contractor or its unions have employment
opportunities available, and maintain a record of the organization's responses.
Maintain a current file of the names, addresses and telephone numbers of each
minority and female oft=the-street applicant and minority and female referral
from a union, a recnritment source or community organization and of what action
was taken with respect to each such individual. If such individual was sent to the
union hiring hall for referral and was not referred back to the Contractor by the
union or, if referred, not employed by the Contractor, this shall be documented in
the file with the reason therefore, along with whatever additional actions the
Contractor may have taken.
d. Provide immediate written notification [o the Director when the union or unions
with which the Contractor has a collective bargaining agreement has not referred
to the Contractor a minority person or woman sent by the Contractor, or when the
Contractor has other information that the union referral process had impeded the
Contractor's efforts to meet its obligations.
e. Develop on-the job training opportunities and/or participate in training programs
for the area which expressly include minorities, and women, including upgrading
programs and apprenticeship and trainee programs relevant to the Contractors
employment needs, especially those programs funded or approved by the
Department of Labor. The Contractor shall provide notice of these programs to
r
the sources compiled under Paragraph 7.b. above.
Disseminate the Contractor's EEO policy by providing notice of the policy to
unions and training programs and requesting their cooperation in assisting the
Contractor in meeting its EEO obligations; by including it in any policy manual
and collective bargaining agreement; by publicizing it in the company
newspaper, annual report, etc.; specific review of the policy with all management
personnel and with all minority and female employees at least once a year, and
by posing the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and the action obligations
under these specifications with all employees having any responsibility for
hiring, assessment, layoff, termination, or their employment decisions, including
specific review of these items with on-site supervisory personnel such as
Superintendents, General Foreman etc., prior to the initiation of construction
work at any job site. A written record shall be made and maintained identifying
the time and place of these meetings, persons attending, subject matter discussed,
and disposition of the subject matter.
h. Disseminate the Contract's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female news
media, and providing written notification to and discussing the Contractor's EEO
policy with other Contractors and Subcontractors with whom the Contractor does
or anticipate doing business.
Direct its recruitment efforts, both oral and written, to minority, female, and
community organizations, to schools with minorities and female students and to
minority and female recruitment and training organizations serving the
Contractor's recruitment area and employment needs. Not later than one month
prior to the date for the acceptance of the applications for apprenticeship or other,
training by any recruitment sources, the Contractor shall send written
notification, to organizations such as the above, describing the openings,
screening procedure, and tests to be used in the selection process.
Encourage present minority and female employees to recruit other minority
persons and women and, where reasonable, provide after school, summer and
vacation employment to minority and female youth both on the site and in other
areas of a Contractors workforce.
k. Validate all tests and other selection requirements where there is an obligation to
do so under 41 CFR Part 60-3.
Conduct, at lcast annually, an inventory and evaluation at least of all minority
and female personnel for promotional opportunities and encourage these
employees to seek or to prepare for, through appropriate training, etc., such
opportunities.
m. Ensure that seniority practices, job classification work assignments, and other
personnel practices, do not have a discriminatory effect by continually
monitoring all personnel and employment related activities to ensure that the
EEO policy and the Contractor's obligations under these specifications are being
carried out.
n. Ensure that all facilities and company activities are nonsegregated except that
sepazate or single-user toilet and necessary changing facilities shall be provided
to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts
from minority and female construction contractors and suppliers, including
circulation of solicitations to minority and female contractor associations and
other business associations.
p. Conduct a review, at least annually, of all supervisors' adherence to and
performance under the Contractor's EEO policies and affirmative action
ohligations.
8. Contractors are encouraged to participate in voluntary associations that assist in fulfilling
one or more of the affumative action obligations (7.a- through 7.p). The efforts of a
contractor association, joint contractor-union, contractor-community, or other shaze
group of which the Contractor is a member and participant, may be asserted as fulfilling
any one or more of its obligations under Paragraphs 7.a. through 7.p. of these
Specifications provided that the Contractor actively participates in the group, makes
every effort to assure that the group has a positive impact on the employment of
minorities and women in the industry, ensures that the concrete benefits of the program
are reflected in the Contractors minority and female workforce participation, makes a
good faith effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the
Contractor. The obligation to comply, however, is the Contractor's and failure of such a
group to fulfill an obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established.
The Contractor, however, is required to provide equal employment opportunity and to
take affirmative action for all minority groups, both male and female, and all women,
both minority and nonminority. Consequently, the Contractor may be in violation of the
Executive Order if a particulaz group is employed in a substantially disparate manner (for
example, even though the Contractor has achieved its goals for women generally, the
Contractor may be in violation of the Executive Order if a specific minority group of
women is underutilized).
10. The Contractor shall not use the goals and timetables of affirmative action standards to
discriminate against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any person or firm debarred
from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination,
and cancellation of existing subcontracts as may be imposed or ordered pursuant to
Executive Order 11246, as amended, and its implementing regulations, by the Office of
Federal Contract Compliance Programs. Any Contractor who fails to carry out such
sanctions and penalties shall be in violation of these specifications and Executive Order
11246, as amended.
13. The Contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit reports
relating to the provisions hereof as may be required by the Government, and to keep
records. Records shall at least include for each employee the name, address, telephone
numbers, construction trade, union affiliation if any, employee identification number
when assigned, social security number, race, sex, status (e.g., mechanic, apprentice,
trainee, helper, or laborer), dates of changes in status, hours worked per week in the
indicated trade, rate of pay, and locations at which the work was performed. Records
shall be maintained in an easy understandable and retrievable form however, to the
degree that existing records satisfy this requirement, Contractors shall not be required to
maintain separate records.
14. The Contractor, in ful£lling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standazds prescribed in
Paragraph 7 of these specifications, so as to achieve maximum results from its efforts to
ensure equal employment opportunity. If the Contractor fails to comply with the
requirements of the Executive Order, the implementing regulations, or these
specifications, the Director shall proceed in accordance with 41 CFR 604.8.
15. Nothing herein provided shall be construed as a limitation upon the application of other
laws which establish different standards of compliance or upon the application of
requirements for hiring of local or other area residents (e.g., those under the Public
Works Employment Act of 1977 and the Community Development Block Grant
Program).