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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 />9. Designate an individual to serve as liaison between the NRCS and the Sponsor. The <br />major duties, responsibilities and authorities of the liaison will be 10 review and concur <br />with specifications and dmwings for the works of improvement described in Section A. <br />assist in the final inspection of rhe works of improvement. certify along with the <br />Sponsor's Registered Professional Engineer when all work has been completed <br />according to the specilications and drawings. and review the SF-270 and supporting <br />documents. approve. sign. and submit the SF-270 and supporting documents to NRCS <br />tor reimbursement to the Sponsor. <br /> <br />10. Review, comment and concur on preliminary and final plans. specifications, and QAP <br />as described in Sections 8.14. B. r 5 and B.16. <br /> <br />D. ITlS MUTUALLY AGREED: <br /> <br />I. This agreement shall become null and void 120 calendar day's after the dale NRCS has <br />executed this agreement if a solicitation for bids ha~ not been publicly advertised or a <br />contract has not been awarded. <br /> <br />2. This agreement shall be effective upon signature by NRCS. All work required under <br />this agreement shall be completed in accordance with 8.1. <br /> <br />3. That each party shall review. comment, and concur with the engineering drawings. <br />construction specilications. and QAP as identified in Sections 8.14, 8.15 and 8.16 of <br />th is agreement. <br /> <br />4. Upon notification from the Sponsor of the completion ofeonslrUction. NRCS shall <br />promptly review rhe performance of the Sponsorto determine if the requirements of <br />this agreement have been met. <br /> <br />5. The furnishing oflinancial and other assistance by NRCS is contingent on the <br />availability of funds appropriated by Congress from which payment may be made and <br />shall not obligate NRCS upon failure of the Congress to appropriate funds. <br /> <br />6. NRCS may terminate this agreement in whole or in part when it is determined by <br />N RCS that the Sponsors have failed to comply with any of the conditions of this <br />agreement. NRCS shall promptly notify the Sponsor in \\riting of the determination <br />and reasons for the termination. together with the effective date. Payments or <br />recoveries made by NRCS under this termination shall be in accordance with the legal <br />rights and liabilities ofNRCS and the Sponsors. <br /> <br />7. This agreement may be temporarily suspended by NRCS ifit determines that <br />corrective action by the Sponsor is needed to meet the provisions of this agreement. <br />Further. NRCS may suspend this agreement when it is evident that a termination is <br />pending. <br /> <br />8. Designated Liaisons may make adjusl1iients to and between indh'idual projects cost <br />without amendment so long as the total estimated amount described in A of this <br />agreement is not exceeded. <br /> <br />9. This Agreement may be executed in any number of counterparts and all of said <br />counterparts taken together shall be deemed to constitute one and the same instrument. <br />Receipt of a facsimile signature (fOllowed promptly by an original executed <br />counterpart) shall be deemed receipt of an original. <br /> <br />6 <br />
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