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<br />WHEREAS, the Sponsor's authority exists in the law, and funds have been budgeted, <br />appropriated and otherwise made available and a sufficient unencumbered balance thereof <br />remains available for payment by the Sponsor in Fund Number _, Organization -' <br />Appropriation _, GBL _, Program _, Object Code , Reporting Category <br />_, Agreement Encumbrance Number ; and <br /> <br />WHERAS, the Federal Emergency Management Agency approved grant monies for <br />expenditure on floodplain studies within the State of Colorado under the Cooperating <br />Technical Community (CTC) initiative (Grant Number EMD-2000-GR-0071). <br /> <br />NOW THEREFORE, in consideration of the mutual and dependent covenants contained <br />herein, the parties agree as follows: <br /> <br />ARTICLE I -- DEFINITIONS <br /> <br />For the purpose ofthis Agreement: <br /> <br />a. The term "Costs of Services" shall mean all disbursements by the Government pursuant <br />to this Agreement. Such costs shall consist of all costs associated with this Agreement, <br />including but not be limited to, the following: labor charges; direct costs; overhead expenses; <br />supervision and administrative costs; contracts with third parties, including termination or <br />suspension charges necessary to terminate ongoing contracts or obligations and to properly <br />safeguard the work already accomplished. <br /> <br />b. The term "Fiscal Year" shall mean the Government's Fiscal Year, which begins on 1 <br />October and ends on 30 September. <br /> <br />ARTICLE II -- OBLIGATIONS OF THE PARTIES <br /> <br />a. The Government, using funds provided by the Sponsor, shall expeditiously prosecute <br />and complete the services, currently estimated to be completed within 9 months from the date <br />of this Agreement, substantially in compliance with Article III of this Agreement and the <br />Scope of Services attached as Exhibit A, and in conformity with applicable Federal laws and <br />regulations and mutually acceptable standards of engineering. <br /> <br />b. The Sponsor shall pay in cash 100 percent of the total cost of the services, which shall <br />not exceed $35,952, provided that the Government shall not obligate funds to provide services <br />until after such cash payment has been made available by the Sponsor in accordance with in <br />Article V. <br /> <br />c. The award and administration of any contract with a third party for services in <br />furtherance ofthis Agreement shall be exclusively within the control ofthe Government. <br /> <br />d. Upon completion of the Study, the Government will deposit the original engineering <br />data and reports resulting from the in the offices of the Omaha Corps and will provide the <br />Sponsor with full access to and copies of the Study data and analyses in both published and <br />electronic form. <br /> <br />e. The Parties may, at their own discretion, publish a report to make Study data and <br />analyses available to the public. Any publication of Study results shall contain an <br />acknowledgment ofthe parties' participation in the Study. <br /> <br />Page 2 <br />