NOTICES
DEPARTMENT OF AGRICULTURE
Standards and Requirements for the Bureau of Farmland Preservation Soil Health Education Grant
[51 Pa.B. 7485]
[Saturday, December 4, 2021]The Department of Agriculture (Department) hereby provides notice of the standards and requirements for the Bureau of Farmland Preservation's Soil Health Education Grant Program (Program).
The Program is established under authority of the act of July 1, 2019 (3 Pa.C.S. §§ 4801—4810), known as the Agricultural Business Development Center Act (act). The act allows the Department to award matching grants to farmers, prospective farmers and others in furtherance of the objectives set forth in the act.
This notice establishes the standards and requirements for the Program. It establishes the process by which grant applications will be solicited and reviewed, and by which grants will be awarded, drawing on up to $10,000 in funding made available by the Department in Fiscal Year (FY) 2021-2022.
The Department is soliciting applications that fulfill the general objective of the act, as described as follows.
1. Program Objectives. The Program's objective is to provide mini grants to eligible county farmland preservation boards to further the objectives of the act. These grants will fulfill the specific objective of providing resources to help maintain the long-term economic viability of farms and protect the investment of public funds in preserving farms that are subject to perpetual agricultural conservation easements acquired under the act of June 30, 1981 (P.L. 128, No. 43), known as the Agricultural Area Security Law (3 P.S. §§ 901—915.1), for agricultural production by providing funds for soil health education and outreach efforts.
2. Eligibility. County farmland preservation boards may apply to the Department for a grant under the Program.
3. Available Funding. The Department shall make up to $10,000 available for Program grants in FY 2021-2022.
4. Grant Caps, Limits and Restrictions.
a. Funds-Available Basis. Grants shall be awarded on a funds-available basis.
b. Eligible Projects. Grants shall only be awarded with respect to projects that achieve the Program objective presented in Paragraph No. 1.
c. Maximum Grant Amount: An individual grant shall not exceed $1,000.
d. Matching Grants. Grant amounts shall be limited to 75% of project costs.
e. Reimbursement Grants. Grants shall be reimbursement grants. The amount of reimbursement is based on actual eligible costs submitted by an approved applicant for an approved project during the fiscal year in which grants are offered.
f. No In-Kind Support. In-kind support shall not be counted toward an applicant's matching contribution.
g. Other Funding. Grant money may not be used to reimburse any portion of the project costs which are being paid or reimbursed under another Federal or State grant program.
5. Application Process.
a. Submit application to Bureau of Farmland Preservation. An application for a grant under the Program shall be submitted to the Bureau of Farmland Preservation by e-mailing a completed grant packet to RA-farmland@pa.gov.
b. Application Window. Applications must be submitted to the Bureau at RA-farmland@pa.gov between 8 a.m. January 3, 2022, and 4 p.m. February 28, 2022. Applications received outside of that application window, or after funding is exhausted, will not be considered or reviewed.
c. Single Project. An application shall only seek grant funds for a single project. Separate projects require separate applications.
d. Rolling Review. The Department will review complete grant applications in the order they are received, and will award grants on a continuous basis until available funds are exhausted.
6. Application Requirements. An application for a grant under the Program shall contain the following information:
a. The applicant's name, business address and contact information.
b. A detailed narrative describing how the funds will be used for soil health education and outreach efforts aimed at preserved farm landowners, including an estimate of how many preserved farm landowners will be reached through these efforts.
c. The details of the project for which reimbursement grant money is sought, including the following:
i. A project budget.
ii. A statement of the maximum amount of grant money sought for the project.
iii. A project implementation schedule, as appropriate for the project or purchase with respect to which the grant is sought.
d. An attestation signed by the applicant, verifying the accuracy of the information presented on the application.
7. Disposition and Review of Grant Applications.
a. The Department will review each application, and supporting documentation submitted therewith, for completeness and accuracy, and determine eligibility.
b. If an application is found to be incomplete or inaccurate, the Department may request additional documentation and may discontinue further processing of the application until the requested information is received.
8. Notice a/Disposition of Application. The Department will provide the applicant written notice of the disposition (approval or disapproval) of the application.
9. Agreement Required. If the Department approves a grant application, and as a precondition to the Department's release of grant moneys to a successful applicant, the Department and the applicant shall execute a Grant Agreement which describes the terms and conditions subject to which the grant is made. The Grant Agreement follows hereto as Addendum 1 and incorporated by reference.
10. Distribution of Grant Money. As Program grants are reimbursement grants, the Department will not issue grant money until the successful applicant submits the following to the Department:
a. A verified statement that the eligible project has been completed or implemented.
b. A verified statement of the project completion date, with the project completion date being no later than July 31, 2022.
c. Bills and invoices demonstrating that expenses were incurred for which reimbursement grant funds are sought.
d. A final report including the number of preserved farm landowners reached through education and outreach efforts and the acres of preserved farmland owned by the landowners reached.
e. Other information as the Department might reasonably require.
11. Additional Information. Additional information may be obtained from the Department by contacting Andrea Reiner, (717) 836-3237, anreiner@pa.gov.
RUSSELL C. REDDING,
Secretary
Addendum 1—Grant Agreement
PENNSYLVANIA DEPARTMENT OF AGRICULTURE GRANT AGREEMENT This Grant Agreement (the ''Agreement'') is entered into by and between the Commonwealth of Pennsylvania, Department of Agriculture, 2301 North Cameron Street, Harrisburg PA 17110 (''PDA''), and ______ [GRANTEE NAME, ADDRESS, CITY, STATE, ZIP CODE] _________________ (''GRANTEE'').
I. RECITALS
A. The American Farmland Trust has provided a $10,000 Soil Health Stewards grant to the Agricultural Business Development Fund established under section 4810 of the Agricultural Business Development Center Act (3 Pa.C.S. §§ 4801—4810) (the ''Act'') to award matching grants in furtherance of the objectives set forth in the Act. PDA has approved the use of these funds to provide mini grants to eligible county farmland preservation boards to further the objectives of the Act. These grants will fulfill the specific objective of providing resources to help maintain the long-term economic viability of farms and protect the investment of public funds in preserving farms that are subject to perpetual agricultural conservation easements acquired under the act of June 30, 1981 (P.L. 128, No. 43), known as the Agricultural Area Security Law (3 P.S. §§ 901—915.1), for agricultural production by providing funds for soil health education and outreach efforts..
B. GRANTEE has submitted a proposal for a project that PDA has determined will further and fulfill the purpose for which the funds have been provided.
II. AGREEMENT
In consideration of the foregoing recitals, which are incorporated herein, and the mutual promises contained in this Agreement, the Parties, intending to be legally bound, agree as follows:
1. SCOPE. This grant is for the project described in detail in the work plan and budget attached hereto and incorporated herein as Attachment 2, and summarily described as follows: [INSERT NAME OR BRIEF DESCRIPTION OF PROJECT] .
2. EFFECTIVE DATE AND TERM. This Agreement shall become effective on the date of the last required signature affixed hereto. Upon becoming effective, the term of this Agreement shall be agreed to be as follows: [BEGINNING DATE] to [END DATE]. It is agreed that reimbursement hereunder may occur for work performed before the effective date hereof, if such work is included in the work plan and budget attached hereto and incorporated herein as Attachment 2.
3. REIMBURSEMENT. PDA agrees to contribute an amount not to exceed [DOLLAR AMOUNT OF GRANT ______ ($ ______ )] for the period of this Agreement, and all amounts so contributed shall be controlled by PDA. If PDA determines that additional funding becomes available, PDA may, at its option increase or decrease the funding for any period of the contract term. PDA will notify the GRANTEE in writing of any funding increase or decrease. For any additional funding, GRANTEE shall submit to PDA a detailed revised work plan.
4. CONTRIBUTION. GRANTEE agrees to contribute any additional necessary funds required to complete the work, if any, in accordance with the terms of the work plan and budget attached hereto and incorporated herein.
5. PERMITTED EXPENDITURES. Funds provided by PDA shall be used for only those expenses outlined in the work plan and budget attached hereto and incorporated herein. Any and all funds provided by PDA which are used for unauthorized expenditures shall be returned to PDA by GRANTEE.
6. PROHIBITED EXPENDITURES. GRANTEE shall not purchase any equipment of any type or kind under the terms of the Agreement, provided however, that upon the prior written approval of PDA, equipment purchases may be permitted where mandated by the nature of the project and agreed to by PDA.
7. ITEMIZED EXPENDITURES, INVOICES, REPORTS.
a. It is mutually understood and agreed that the funds made available pursuant to this Agreement shall be used by GRANTEE for actual legitimate expenditures in the fulfillment of obligations under this Agreement; expense records should be maintained in accordance with Attachment 1-G. Travel outside the Commonwealth of Pennsylvania must have prior written approval from PDA before it can be reimbursed and all travel expenses are reimbursed at state rates.
b. Payment by PDA to GRANTEE shall be made not more than once each month, upon submission of a certified invoice, on a reimbursement of costs incurred basis. Invoices shall indicate expenditures incurred by budget categories.
c. Progress reports shall be submitted semi-annually in accordance with Attachment 1-G.
8. HOLD HARMLESS. GRANTEE agrees to indemnify and hold the Commonwealth, PDA, its officers, agents and employees harmless from and against any and all suits and judgements for damages for personal injury, death, or damage to real or tangible personal property arising out of or in conjunction with the performance by GRANTEE under this Agreement and caused by GRANTEE's negligence or intentional wrongful acts.
9. ADDITIONAL COMPLIANCE REQUIREMENTS.
a. The following additional compliance requirements are attached and incorporated into this Agreement and made a part hereof. GRANTEE shall comply with, and be bound by, the provisions set forth in these attachments:
i. Attachment 1-A—Pennsylvania Electronic Payment Program.
ii. Attachment 1-B—Nondiscrimination/Sexual Harassment Clause.
iii. Attachment 1-C—Contractor Integrity Provisions, with respect to which GRANTEE is the ''Contractor.''
iv. Attachment 1-D—The Americans With Disabilities Act provisions, with respect to which GRANTEE is the ''Contractor.''
v. Attachment 1-E—Right-to-Know Provisions.
vi. Attachment 1-F—Contractor Responsibility Provisions, with respect to which GRANTEE is the ''Contractor.''
vii. Attachment 1-G—Additional Requirements. Where applicable, GRANTEE is the ''Contractor'' and PDA is ''Agriculture'' and ''Commonwealth.''
b. The GRANTEE agrees that in the performance of its obligations under this Agreement it will comply with all applicable, state and local laws and regulations.
c. Any forbearance by PDA in exercising any right or remedy hereunder, or otherwise afforded by applicable law shall not be a waiver of or preclude the exercise of any such right or remedy at any appropriate time.
d. The GRANTEE shall, in the performance of this Agreement, act in an independent capacity and not as an officer, employee or agent of PDA.
10. STATE TAX LIABILITY. GRANTEE agrees that the COMMONWEALTH may set-off the amount of any state tax liability or other debt of the GRANTEE or its subsidiaries, that is owed to the Commonwealth of Pennsylvania and not being contested on appeal, against any payments due the GRANTEE under this Agreement.
11. TERMINATION AND ASSIGNMENT. If through any cause, GRANTEE shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or in the event of violation of any of the covenants contained in this Agreement, PDA shall thereupon have the right to terminate this Agreement by giving thirty (30) days written notice to GRANTEE specifying the effective date of termination. PDA shall also have the option to terminate for convenience by giving thirty (30) days written notice to GRANTEE. If the Agreement is terminated for convenience, GRANTEE shall be reimbursed for all expenses properly incurred under the terms of this Agreement prior to receipt of notice. GRANTEE shall not assign any interest in this Contract, nor shall any interest be transferred by novation or assignment without prior written consent of PDA.
12. SEVERABILITY. The terms and provisions of this Agreement are severable. In the event of the unenforceability or invalidity of any one or more of the terms, covenants, conditions or provisions of this Agreement under federal, state or other applicable laws, such unenforceability or invalidity shall not render any other term, covenant, condition or provision hereof unenforceable or invalid.
13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. No amendment or modification hereof shall have any force or effect unless it is in writing and signed by all parties.
14. CONTINGENCY. PDA's obligation to make payments shall be subject to the availability and appropriation of funds.
15. APPLICABLE LAW. This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania (without regard to any conflict of laws provisions) and the decisions of the Pennsylvania courts. GRANTEE consents to the jurisdiction of any court of the Commonwealth of Pennsylvania and any federal courts in Pennsylvania, waiving any claim or defense that such forum is not convenient or proper. GRANTEE agrees that any such court shall have in personam jurisdiction over it, and consents to service of process in any manner authorized by Pennsylvania law.
IN WITNESS WHEREOF, the Parties hereto, with the intention of being legally bound hereby, have caused this Agreement to be duly executed.
[GRANTEE]
By: ___________________________
Date: __________Print Name:
Title:
VENDOR NUMBERPENNSYLVANIA DEPARTMENT OF AGRICULTURE
___________________________
Date: __________SECRETARY / DEPUTY SECRETARY OR DESIGNEE
APPROVED AS TO FORM AND LEGALITY: ___________________________
Date __________
PDA CHIEF COUNSELContract Form Approval: Form No. 2-FA-9.0
OGC Approval: August 6, 2019
OAG Approval: August 16, 2019I hereby certify that funds are available under appropriation symbol: FC# ______
_________________
_________________
$ ____________________________________________
Date: __________
COMPTROLLERAttachment 1-A
PENNSYLVANIA ELECTRONIC PAYMENT PROGRAM
a. The Commonwealth will make payments to the recipient through ACH. Within 10 days of the grant award, the grantee must submit or must have already established its ACH information in the Commonwealth's Master Database. The grantee will also be able to enroll to receive remittance information via electronic addenda and email (e-Remittance). ACH and e-Remittance information is available at https://www.budget.pa.gov/Services/ForVendors/Pages/Direct-Deposit-and- e-Remittance.aspx.
b. The recipient must submit a unique invoice number with each invoice submitted. The unique invoice number will be listed on the Commonwealth's ACH remittance advice to enable the recipient to properly apply the state agency's payment to the respective invoice or program.
c. It is the responsibility of the recipient to ensure that the ACH information contained in the Commonwealth's Master Database is accurate and complete. Failure to maintain accurate and complete information may result in delays in payments.
Attachment 1-B
NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE
The Grantee agrees:
1. In the hiring of any employee(s) for the manufacture of supplies, performance of work, or any other activity required under the grant agreement or any subgrant agreement, contract, or subcontract, the Grantee, a subgrantee, a contractor, a subcontractor, or any person acting on behalf of the Grantee shall not discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations Act (PHRA) and applicable federal laws, against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.
2. The Grantee, any subgrantee, contractor or any subcontractor or any person on their behalf shall not in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any of its employees.
3. Neither the Grantee nor any subgrantee nor any contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under the grant agreement, subgrant agreement, contract or subcontract.
4. Neither the Grantee nor any subgrantee nor any contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employee Relations Act, Pennsylvania Labor Relations Act or National Labor Relations Act, as applicable and to the extent determined by entities charged with such Acts' enforcement, and shall comply with any provision of law establishing organizations as employees' exclusive representatives.
5. The Grantee, any subgrantee, contractor or any subcontractor shall establish and maintain a written nondiscrimination and sexual harassment policy and shall inform their employees in writing of the policy. The policy must contain a provision that sexual harassment will not be tolerated and employees who practice it will be disciplined. Posting this Nondiscrimination/Sexual Harassment Clause conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where the grant services are performed shall satisfy this requirement for employees with an established work site.
6. The Grantee, any subgrantee, contractor or any subcontractor shall not discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against any subgrantee, contractor, subcontractor or supplier who is qualified to perform the work to which the grant relates.
7. The Grantee and each subgrantee, contractor and subcontractor represents that it is presently in compliance with and will maintain compliance with all applicable federal, state, and local laws and regulations relating to nondiscrimination and sexual harassment. The Grantee and each subgrantee, contractor and subcontractor further represents that it has filed a Standard Form 100 Employer Information Report (''EEO-1'') with the U.S. Equal Employment Opportunity Commission (''EEOC'') and shall file an annual EEO-1 report with the EEOC as required for employers' subject to Title VII of the Civil Rights Act of 1964, as amended, that have 100 or more employees and employers that have federal government contracts or first-tier subcontracts and have 50 or more employees. The Grantee, any subgrantee, any contractor or any subcontractor shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to their books, records, and accounts by the granting agency and the Bureau of Diversity, Inclusion and Small Business Opportunities for the purpose of ascertaining compliance with the provisions of this Nondiscrimination/Sexual Harassment Clause.
8. The Grantee, any subgrantee, contractor or any subcontractor shall include the provisions of this Nondiscrimination/Sexual Harassment Clause in every subgrant agreement, contract or subcontract so that those provisions applicable to subgrantees, contractors or subcontractors will be binding upon each subgrantee, contractor or subcontractor.
9. The Granter's and each subgrantee's, contractor's and subcontractor's obligations pursuant to these provisions are ongoing from and after the effective date of the grant agreement through the termination date thereof. Accordingly, the Grantee and each subgrantee, contractor and subcontractor shall have an obligation to inform the Commonwealth if, at any time during the term of the grant agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.
10. The Commonwealth may cancel or terminate the grant agreement and all money due or to become due under the grant agreement may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the granting agency may proceed with debarment or suspension and may place the Grantee, subgrantee, contractor, or subcontractor in the Contractor Responsibility File.
Attachment 1-C
CONTRACTOR INTEGRITY PROVISIONS
It is essential that those who seek to contract with the Commonwealth of Pennsylvania (''Commonwealth'') observe high standards of honesty and integrity. They must conduct themselves in a manner that fosters public confidence in the integrity of the Commonwealth contracting and procurement process.
1. DEFINITIONS. For purposes of these Contractor Integrity Provisions, the following terms shall have the meanings found in this Section:
a. ''Affiliate'' means two or more entities where (a) a parent entity owns more than fifty percent of the voting stock of each of the entities; or (b) a common shareholder or group of shareholders owns more than fifty percent of the voting stock of each of the entities; or (c) the entities have a common proprietor or general partner.
b. ''Consent'' means written permission signed by a duly authorized officer or employee of the Commonwealth, provided that where the material facts have been disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the Commonwealth shall be deemed to have consented by virtue of the execution of this contract.
c. ''Contractor'' means the individual or entity, that has entered into this contract with the Commonwealth.
d. ''Contractor Related Parties'' means any affiliates of the Contractor and the Contractor's executive officers, Pennsylvania officers and directors, or owners of 5 percent or more interest in the Contractor.
e. ''Financial Interest'' means either:
(1) Ownership of more than a five percent interest in any business; or
(2) Holding a position as an officer, director, trustee, partner, employee, or holding any position of management.
f. ''Gratuity'' means tendering, giving, or providing anything of more than nominal monetary value including, but not limited to, cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. The exceptions set forth in the Governor's Code of Conduct, Executive Order 1980-18, the 4 Pa. Code § 7.153(b), shall apply.
g. ''Non-bid Basis'' means a contract awarded or executed by the Commonwealth with Contractor without seeking bids or proposals from any other potential bidder or offeror.
2. In furtherance of this policy, Contractor agrees to the following: a. Contractor shall maintain the highest standards of honesty and integrity during the performance of this contract and shall take no action in violation of state or federal laws or regulations or any other applicable laws or regulations, or other requirements applicable to Contractor or that govern contracting or procurement with the Commonwealth.
b. Contractor shall establish and implement a written business integrity policy, which includes, at a minimum, the requirements of these provisions as they relate to the Contractor activity with the Commonwealth and Commonwealth employees and which is made known to all Contractor employees. Posting these Contractor Integrity Provisions conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where the contract services are performed shall satisfy this requirement.
c. Contractor, its affiliates, agents, employees and anyone in privity with Contractor shall not accept, agree to give, offer, confer, or agree to confer or promise to confer, directly or indirectly, any gratuity or pecuniary benefit to any person, or to influence or attempt to influence any person in violation of any federal or state law, regulation, executive order of the Governor of Pennsylvania, statement of policy, management directive or any other published standard of the Commonwealth in connection with performance of work under this contract, except as provided in this contract.
d. Contractor shall not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material under this contract, unless the financial interest is disclosed to the Commonwealth in writing and the Commonwealth consents to Contractor's financial interest prior to Commonwealth execution of the contract. Contractor shall disclose the financial interest to the Commonwealth at the time of bid or proposal submission, or if no bids or proposals are solicited, no later than Contractor's submission of the contract signed by Contractor.
e. Contractor certifies to the best of its knowledge and belief that within the last five (5) years Contractor or Contractor Related Parties have not:
(1) been indicted or convicted of a crime involving moral turpitude or business honesty or integrity in any jurisdiction;
(2) been suspended, debarred or otherwise disqualified from entering into any contract with any governmental agency;
(3) had any business license or professional license suspended or revoked;
(4) had any sanction or finding of fact imposed as a result of a judicial or administrative proceeding related to fraud, extortion, bribery, bid rigging, embezzlement, misrepresentation or anti-trust; and
(5) been, and is not currently, the subject of a criminal investigation by any federal, state or local prosecuting or investigative agency and/or civil anti-trust investigation by any federal, state or local prosecuting or investigative agency.
If Contractor cannot so certify to the above, then it must submit along with its bid, proposal or contract a written explanation of why such certification cannot be made and the Commonwealth will determine whether a contract may be entered into with the Contractor. The Contractor's obligation pursuant to this certification is ongoing from and after the effective date of the contract through the termination date thereof. Accordingly, the Contractor shall have an obligation to immediately notify the Commonwealth in writing if at any time during the term of the contract if becomes aware of any event which would cause the Contractor's certification or explanation to change. Contractor acknowledges that the Commonwealth may, in its sole discretion, terminate the contract for cause if it learns that any of the certifications made herein are currently false due to intervening factual circumstances or were false or should have been known to be false when entering into the contract.
f. Contractor shall comply with the requirements of the Lobbying Disclosure Act (65 Pa.C.S. § 13A01 et seq.) regardless of the method of award. If this contract was awarded on a Non-bid Basis, Contractor must also comply with the requirements of the Section 1641 of the Pennsylvania Election Code (25 P.S. § 3260a).
g. When Contractor has reason to believe that any breach of ethical standards as set forth in law, the Governor's Code of Conduct, or these Contractor Integrity Provisions has occurred or may occur, including but not limited to contact by a Commonwealth officer or employee which, if acted upon, would violate such ethical standards, Contractor shall immediately notify the Commonwealth contracting officer or the Office of the State Inspector General in writing.
h. Contractor, by submission of its bid or proposal and/or execution of this contract and by the submission of any bills, invoices or requests for payment pursuant to the contract, certifies and represents that it has not violated any of these Contractor Integrity Provisions in connection with the submission of the bid or proposal, during any contract negotiations or during the term of the contract, to include any extensions thereof. Contractor shall immediately notify the Commonwealth in writing of any actions for occurrences that would result in a violation of these Contractor Integrity Provisions. Contractor agrees to reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of the State Inspector General for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the Commonwealth that results in the suspension or debarment of the Contractor. Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor's suspension or debarment.
i. Contractor shall cooperate with the Office of the State Inspector General in its investigation of any alleged Commonwealth agency or employee breach of ethical standards and any alleged Contractor non-compliance with these Contractor Integrity Provisions. Contractor agrees to make identified Contractor employees available for interviews at reasonable times and places. Contractor, upon the inquiry or request of an Inspector General, shall provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Office of the State Inspector General to Contractor's integrity and compliance with these provisions. Such information may include, but shall not be limited to, Contractor's business or financial records, documents or files of any type or form that refer to or concern this contract. Contractor shall incorporate this paragraph in any agreement, contract or subcontract it enters into in the course of the performance of this contract/agreement solely for the purpose of obtaining subcontractor compliance with this provision. The incorporation of this provision in a subcontract shall not create privity of contract between the Commonwealth and any such subcontractor, and no third party beneficiaries shall be created thereby.
j. For violation of any of these Contractor Integrity Provisions, the Commonwealth may terminate this and any other contract with Contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these Provisions, claim damages for all additional costs and expenses incurred in obtaining another contractor to complete performance under this contract, and debar and suspend Contractor from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or non-use of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, statute, regulation, or otherwise.
Attachment 1-D
AMERICANS WITH DISABILITIES ACT
a. Pursuant to federal regulations promulgated under the authority of The Americans with Disabilities Act, 28 C. F. R. § 35.101 et seq., the contractor understands and agrees that it shall not cause any person with a disability to be excluded from participation in this Contract or from activities provided for under this Contract on the basis of the disability. As a condition of accepting this contract, the Contractor agrees to comply with the ''General Prohibitions Against Discrimination,'' 28 C. F. R. § 35.130, and all other regulations promulgated under Title II of The Americans with Disabilities Act which are applicable to the benefits, services, programs, and activities provided by the Commonwealth of Pennsylvania through contracts with outside contractors.
b. The Contractor shall be responsible for and agrees to indemnify and hold harmless the Commonwealth of Pennsylvania from all losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Commonwealth of Pennsylvania as a result of the Contractor's failure to comply with the provisions of subparagraph (a) above.
Attachment 1-E
RIGHT TO KNOW LAW—GRANT PROVISIONS—8-K-1580, 2/1/2010
a. Grantee or Subgrantee understands that this Grant Agreement and records related to or arising out of the Grant Agreement are subject to requests made pursuant to the Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101-3104, (''RTKL''). For the purpose of these provisions, the term ''the Commonwealth'' shall refer to the granting Commonwealth agency.
b. If the Commonwealth needs the Grantee's or Subgrantee's assistance in any matter arising out of the RTKL related to this Grant Agreement, it shall notify the Grantee of Subgrantee using the legal contact information provided in the Grant Agreement. The Grantee or Subgrantee, at any time, may designate a different contact for such purpose upon reasonable prior written notice to the Commonwealth.
c. Upon written notification from the Commonwealth that it requires Grantee's or Subgrantee's assistance in responding to a request under the RTKL for information related to this Grant Agreement that may be in Grantee's or Subgrantee's possession, constituting, or alleged to constitute, a public record in accordance with the RTKL (''Requested Information''), Grantee or Subgrantee shall:
1. Provide the commonwealth, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in Grantee's or Subgrantee's possession arising out of this Grant Agreement that the Commonwealth reasonably believes is Requested Information and may be a public record under the RTKL; and
2. Provide such other assistance as the Commonwealth may reasonably request, in order to comply with the RTKL with respect to this Grant Agreement.
d. If Grantee or Subgrantee considers the Requested Information to include a request for a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, or other information that Grantee or Subgrantee considers exempt from production under the RTKL, Grantee or Subgrantee must notify the Commonwealth and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of Grantee or Subgrantee explaining why the requested material is exempt from public disclosure under the RTKL.
e. The Commonwealth will rely upon the written statement from Grantee or Subgrantee in denying a RTKL request for the Requested Information unless the Commonwealth determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the commonwealth determine that the Requested Information is clearly not exempt from disclosure, Grantee or Subgrantee shall provide the Requested Information within five (5) business days of receipt of written notice of the Commonwealth's determination.
f. If Grantee or Subgrantee fails to provide the Requested Information within the time period required by these provisions, Grantee or Subgrantee shall indemnify and hold the Commonwealth harmless for any damages, penalties, costs, detriment or harm that the Commonwealth may incur as a result of Grantee's or Subgrantee's failure, including any statutory damages assessed against the Commonwealth.
g. The Commonwealth will reimburse Grantee or Subgrantee for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable.
h. Grantee or Subgrantee may file a legal challenge to any Commonwealth decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, Grantee or Subgrantee shall indemnify the Commonwealth for any legal expenses incurred by the Commonwealth as a result of such a challenge and shall hold the Commonwealth harmless for any damages, penalties, costs, detriment or harm that the Commonwealth may incur as a result of Grantee's or Subgrantee's failure, including any statutory damages assessed against the Commonwealth, regardless of the outcome of such legal challenge. As between the parties, Grantee or Subgrantee agrees to waive all rights or remedies that may be available to it as a result of the Commonwealth's disclosure of Requested Information pursuant to the RTKL.
i. The Grantee's or Subgrantee's duties relating to the RTKL are continuing duties that survive the expiration of this Grant Agreement and shall continue as long as the Grantee or Subgrantee has Requested Information in its possession.
Attachment 1-F
CONTRACTOR RESPONSIBILITY PROVISIONS
For the purpose of these provisions, the term contractor is defined as any person, including, but not limited to, a bidder, offeror, loan recipient, grantee or lessor, who has furnished or performed or seeks to furnish or perform, goods, supplies, services, leased space, construction or other activity, under a contract, grant, lease, purchase order or reimbursement agreement with the Commonwealth of Pennsylvania (Commonwealth). The term contractor includes a permittee, licensee, or any agency, political subdivision, instrumentality, public authority, or other public entity in the Commonwealth.
1. The Contractor certifies, in writing, for itself and its subcontractors required to be disclosed or approved by the Commonwealth, that as of the date of its execution of this Bid/Contract, that neither the Contractor, nor any such subcontractors, are under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority and, if the Contractor cannot so certify, then it agrees to submit, along with its Bid/Contract, a written explanation of why such certification cannot be made.
2. The Contractor also certifies, in writing, that as of the date of its execution of this Bid/Contract it has no tax liabilities or other Commonwealth obligations, or has filed a timely administrative or judicial appeal if such liabilities or obligations exist, or is subject to a duly approved deferred payment plan if such liabilities exist.
3. The Contractor's obligations pursuant to these provisions are ongoing from and after the effective date of the Contract through the termination date thereof. Accordingly, the Contractor shall have an obligation to inform the Commonwealth if, at any time during the term of the Contract, it becomes delinquent in the payment of taxes, or other Commonwealth obligations, or if it or, to the best knowledge of the Contractor, any of its subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity. Such notification shall be made within 15 days of the date of suspension or debarment.
4. The failure of the Contractor to notify the Commonwealth of its suspension or debarment by the Commonwealth, any other state, or the federal government shall constitute an event of default of the Contract with the Commonwealth.
5. The Contractor agrees to reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of State Inspector General for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the Commonwealth that results in the suspension or debarment of the contractor. Such costs shall include, but shall not be limited to, salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor's suspension or debarment.
6. The Contractor may search the current list of suspended and debarred Commonwealth contractors by visiting the eMarketplace website at http://www.emarketplace.state.pa.us and clicking the Debarment List tab.
Attachment 1-G
ADDITIONAL REQUIREMENTS
1. RIGHTS IN DATA, COPYRIGHTS AND DISCLOSURE
a. Rights in Data—Data submitted to and accepted by PDA under this Contract shall be the property of PDA and it shall have full right to use such data for any official purpose in whatever manner deemed desirable and appropriate including making it available to the general public. Such use shall be without any additional payment to or approval of the Grantee.
b. Copyright—Except for the rights described in subsection 1.d. hereunder, the Grantee relinquishes any and all copyrights and or all copyright-rights, and or privileges to data developed under this Contract. The Grantee shall not include in the data submitted any copyrighted matter for which Grantee does not hold all rights in copyright, without the written approval of authorized PDA personnel, unless the Grantee provides PDA with written permission of the copyright owner to use such copyrighted matter in the manner provided in this Article.
c. Definition—The term ''data'' as used in this Contract, includes written reports, studies, drawings, or other graphic, electronic, chemical, or mechanical representations, and work of any similar nature which is required to be delivered under this Contract.
d. License—Grantee shall have irrevocable, royalty-free, nonexclusive and nontransferable permission and license to use such data and copyrighted matter for its own purposes, including the right to use such data and copyrighted matter for the purpose of presenting the results of the Project in scholarly journals and other appropriate publication, or at technical meetings.
2. PATENT RIGHTS
a. Right to Inventions—Grantee shall retain all right, title and interest in and to all inventions whether or not patentable, that are first conceived, discovered or reduced to practice in the performance of work under this Contract.
b. License—PDA shall have an irrevocable, royalty-free, non-exclusive and non-transferable right and license to practice all inventions arising from the performance of the work under this Contract for all Commonwealth purposes.
c. Additional Provisions—The following additional provisions shall apply to all inventions which may result from the work performed under this Contract:
(i) Subject to the rights of PDA set forth in subsection b, above, Grantee is permitted to obtain patent protection of any inventions arising from the work performed under this Contract. Such protection shall be obtained in Grantee's name and at Grantee's sole expense.
(ii) Grantee is further permitted to license or otherwise dispose of such inventions to commercial or non-profit entities, subject to the rights of PDA set forth in subsection b above.
(iii) In the event that such inventions are jointly conceived, discovered, or reduced to practice by Grantee and PDA, and Grantee receives any royalties or other revenues from the license or disposition of such inventions, such royalties or revenues shall first be used to reimburse Grantee's documented expenses incurred in: (a) obtaining patent protection of the inventions; and (b) negotiating with interested parties for the license or disposition of the inventions. After such expenses of Grantee are reimbursed, PDA and Grantee shall negotiate in good faith for distribution of any remaining royalties or revenues between PDA and Grantee.
3. PATENT AND COPYRIGHT INFRINGEMENT
a. Defense of Infringement Suits—Grantee, at its own expense, will defend any suit which may be brought against the Commonwealth of Pennsylvania and PDA for the infringements of United States patents or copyrights by the equipment, products or data furnished hereunder for which Grantee had knowledge of such infringement at the time of furnishing, and, in any such suit, will satisfy any final award of such infringement, provided PDA ceases the alleged infringing activity immediately upon receiving a cease and desist request. Grantee has no duty to conduct infringement or freedom to operate searches or analyses prior to furnishing equipment, products, or data.
b. Notice and Opportunity to Defend—This is upon the condition that PDA shall give Grantee prompt written notice of such suit and full right and opportunity to conduct the defense thereof together with full information and all reasonable cooperation, and upon further condition that the claimed infringement does not result from the combination of equipment, products or data furnished hereunder with other equipment, apparatus, or devices not furnished hereunder. No cost or expense shall be incurred for the account of Grantee without written consent. If principles of government or public law are involved, PDA may participate in the defense of any such action.
c. Substitution of Equipment, Products or Data—If Grantee had knowledge at the time of furnishing equipment, products or data that such items infringed a United States patent, then without diminishing Grantee's obligation to satisfy said final award, Grantee may, at its option, substitute for the alleged infringing equipment, products or data other equally suitable equipment, products or data satisfactory to PDA, or at Grantee's option and expense, obtain the rights for PDA to continue the use of such equipment, products or data. If the use of such equipment, products or data by PDA shall be prevented by permanent injunction, Grantee agrees to take back such equipment, products or data and refund any sums PDA shall have expended.
4. MISCELLANEOUS ADDITIONAL REQUIREMENTS
a. Use of Contract Sums. Contractor, using Project funds, agrees to commit its skills, resources and facilities to the fulfillment of the Project and assign professional and skilled personnel to work on this Project. In the absence of such skilled personnel, Contractor will engage the services of such qualified personnel as provided for in its Proposal and put them to work on this Project under the direction of Contractor. In addition to providing such personnel, Contractor shall furnish all other items needed for the performance of the Project including, but not limited to, non-professional and unskilled personnel, materials, supplies, services, communications, equipment, and travel (travel outside the Commonwealth of Pennsylvania must have prior written approval from the Secretary of Agriculture before it can be reimbursed). All travel expenses to be reimbursed at state rates.
b. Progress Reports Schedule. The Contractor agrees to submit to Agriculture periodic progress reports of the Project according to PDA's Instructions for Preparing Agricultural Research Project Progress Reports as set forth in Paragraph i, below. Agriculture reserves the right to withhold payments due, under the terms of this Contract, for failure by Contractor to submit required reports until such reports have been received by Agriculture.
c. Expense Records. The Contractor agrees to maintain books, records, documents, correspondence, and other evidence pertaining to the costs and expenses of this Contract (hereinafter collectively referred to as ''the records''), to the extent and in such detail as will properly reflect all costs, direct and indirect, of labor, materials, equipment, supplies, and services, and other costs and expenses of whatever nature, and maintenance of records in accordance with generally accepted accounting principles and generally accepted auditing standards. The records must include, but are not necessarily limited to the following:
(i) Employees' Time Records (Percentage of Effort Reports)
a. A budget, which includes a list of employees, and each employees' position classification, the percentage of effort to be given to that project and the salary and benefit costs.
b. Time period and date.
c. Percentage of effort spent on project related activities.
d. Access to documentation which supports the total percentage of effort an employee works and is compensated during a period.
e. All percentage of effort reports must be signed by the employee and their supervisor.
f. The employees' total percentage of effort for a period should not be more than 100 percent.
(ii) Materials Supplies and Equipment
a. Actual expenses for all costs incurred, supported by invoices from suppliers.
(iii) Employee's Travel Expense Records
a. Miles traveled on project business
b. Destination and nature of travel
c. Date of travel
d. Employees' signature
e. Supervisor's approval by signature.
(iv) Employee's Expense Records
a. Subsistence and lodging charges
b. Incidental costs incurred
c. Nature and purpose of expense
d. Employees' signature
e. Supervisor's approval by signature.
The records shall be maintained at Contractor's principal place of business or its principal office. Agriculture shall have full access to the original of the records including right to make copies. The records shall be maintained by Contractor for a period three (3) years and shall be subject to audit by Agriculture and the Auditor General of the Commonwealth of Pennsylvania or their representatives.
d. Publications. Contractor agrees that any articles, fact sheets, reports or publications arising out of this Contract shall acknowledge sponsorship of Agriculture. When personnel of Agriculture have been directly cooperating in obtaining the results that are to be published, the individuals concerned will be invited to be co-authors.
e. Budget Deviation. Contractor shall have discretionary authority to spend the funds made available by this Contract for the research to be performed, with allowance for deviation within the total budget amount. However, Agriculture shall be informed prior to any such deviation and shall have the right to disapprove any reallocation amounting to an increase of more than ten percent (10%) of any budget category in any fiscal year.
f. Approval of Funds paid to Agriculture Employees. None of the funds provided under this Contract will be used to pay anyone on the payroll of Agriculture unless such payments are specifically approved in advance by the Executive Board of the Commonwealth of Pennsylvania.
g. Interest of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its activities hereunder. Contractor further covenants that in the performance of this Contract, it will not knowingly employ any person having any such interest.
h. Personal Property. Accounting for personal property—Personal property of whatever nature which shall be required by the Contractor in its performance of this Contract and which is not already owned by the Contractor must be acquired in the following manner:
(i) Expendable items shall be included in the budget as presented to Agriculture.
(ii) Capital goods and capital equipment of a non-expendable nature which shall be required for use by the Contractor which the Contractor does not already possess shall be acquired alternately either by rental or by purchase. The decision of rental or purchase shall be at the sole discretion of Agriculture. If the decision is that the necessary non-expendable property be procured on a rental basis, then the rental cost of such property shall be included in the budget. If said property is to be purchased, it shall be included in the budget and, with approval of Agriculture, shall be purchased by the Contractor in the manner directed. Title to all such property purchased shall be taken in the name of Agriculture and a copy of the Bill of Sale promptly returned to Agriculture.
(iii) Capital goods and equipment are defined as equipment or goods exceeding $5,000.00 per item.
(iv) Upon cancellation or termination of this Contract, Agriculture may at its sole option take possession of such property. If Agriculture does not take possession of such property, the Secretary of Agriculture or the Governor's Office of Administration may, in their discretion grant Contractor permission to retain such property until Agriculture chooses to take possession, provided however that Contractor in the interim may use the property only for non-commercial research or educational purposes.
i. Instructions For Preparing Agricultural Project Progress Reports
(i) Progress reports will be of three general types, as listed below:
a. Semi-annual Report:
These are due within thirty (30) days of the close of the reporting period. The reporting period encompasses every six months starting with the effective date of the contract. There should be an original and four (4) copies. These reports should be detailed reports of progress over the reporting period, and should include results which might be of use to the public. They should include such key elements as: project title, preparation date, institution or agency conducting the research, reporting period, expenditures for the period, progress toward meeting objectives, significance of findings, any recommendations which result, and the signature of the project leader. Copies of publications, news articles, and releases should be included. Photographs, charts, tables, maps, and other visual aids would be appropriate. They should also outline the work planned for the next six months.
b. Annual Report supplement to above.
The twelfth and twenty-fourth month reports should include a self-evaluation of the progress for the previous year and justification for continuing the project. If any conditions affecting the project have changed, they should be noted. The twelfth and twenty-four month reports also should include a one to three paragraph non-technical description of work completed which would be suitable for release to the general public.
c. Final Report:
Due within thirty (30) days of the completion of the project. An original and five (5) copies are required. This report is to be a comprehensive report of the entire project including all of the items in the semi-annual reports and the following information:
1. A list of all personnel, and their positions, who were associated with the project.
2. A narrative evaluation of accomplishments toward achieving the objectives. If objectives were not met, provide justification.
3. A general distribution list of publications.
4. A statement of the benefits received from conducting the project.
(ii) The reports should be typed and reproduced in a manner suitable for public distribution.
(iii) The original, properly signed, and the copies should be submitted to: Pennsylvania Department of Agriculture, 2301 North Cameron Street, Harrisburg, PA 17110-9408.
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[Pa.B. Doc. No. 21-2003. Filed for public inspection December 3, 2021, 9:00 a.m.]
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