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08-1940 Exigency Agreement with US Department of Agriculture for Five Erosion Contral Projects
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08-1940 Exigency Agreement with US Department of Agriculture for Five Erosion Contral Projects
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9/24/2008 7:36:42 PM
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9/24/2008 7:33:30 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
9/22/2008
Doc Number
08-1940
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<br />28. Comply with the nondiscrimination provisions of the Equal Opportunity clause and the <br />Notice to Contracting Local Organizations of the Requirement for Certifications of <br />Nonsegregated Facililies clause, Fonn SCS-AS-83, attached hereto as Attachment B. <br /> <br />29. Hold and save NRCS Iree from any and all claims or causes of action whatsoever <br />resulting from the obligations undertaken by the Sponsor under this agreement or <br />resulting from the work provided for in this agreement. Retain all records dealing with <br />the award and administration ofcontract(s) for 3 years from the date of the sponsor's <br />submission of the FINAL Request for Reimbursement or until final audit findings have <br />been resolved, whichever is longer. If any litigation is started before Ihe expiration of <br />the 3-year period, the records are to be retained until the litigation is resolved or the end <br />oflhe 3-year period. whichever is longer. Make such records available to the <br />Comptroller General of the United States or his or her duly authorized representative <br />and accredited representatives of the U.S. Department of Agriculture or cognizant audit <br />agency for the purpose of making audit, examination. excerpts. and transcripts. Be <br />responsible for all administrative expenses (including but shall not be limited to <br />laci!ities. clerical expenses), and legal counsel necessary including the fees of such <br />attorney or attorneys deemed necessary by NRCS to resolve any legal mailers. <br /> <br />30. Provide 100 percent of the CoSlS of works of improvement not eligible for federal cost <br />share. <br /> <br />31. Complete all required work. under this agreement, including but not limited to <br />construction of works of improvement. final inspection. payment of all contractors. <br />submissions of as-builts and final quantities. etc. <br /> <br />C. NRCS WILL: <br /> <br />I. Provide 75 percent of the actual eligible cost of constructing the emergency watershed <br />protection measures described in Section A and computed as described in B.6. <br /> <br />2. Provide the value of the Sponsor in-kind technical services not to exceed 7.5 percent of <br />the actual eligible construction cost from contracts for constructing the works of <br />improvement described in Section A and computed as described in B.8. <br /> <br />3. Assist Sponsor and Sponsor's engineer establish design parameters and approve and <br />concur in same as set forth in Section B.13. <br /> <br />4. Determine eligible construction costs during the pre-dcsign conference. <br /> <br />S. Review abstracts of bids and provide comments to Sponsor prior to award. <br /> <br />6. Not be substantially involved with the technical or contractual administration of this <br />agreement, but will provide advice and counsel as needed. <br /> <br />7. Make payment to the Sponsor covering NRCS'sshare of the cost, upon receipt and <br />approval of Form SF-270, Request for Advance or Reimbursement and supporting <br />documentation. <br /> <br />8. Upon notification of the completion of construction, NRCS shall promptly review the <br />performance of Sponsor to determine if it has met the requirements of this agreement <br />and fund expenditures as agreed. <br /> <br />5 <br />
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