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<br />. <br /> <br />. <br /> <br />WHEREAS, required approval, clearance, and coordination have been accomplished from and <br />with appropriate agencies; and <br /> <br />WHEREAS, the Federal Emergency Management Agency approved grant monies for <br />expenditure on floodplain studies within the State of Colorado under the Cooperating Technical <br />Community (CTC) initiative (Grant Number EMD-2000-GR-0071). <br /> <br />NOW THEREFORE, in consideration of the mutual and dependent covenants contmned herein, <br />the parties agree as follows: <br /> <br />ARTICLE I -- DEFINITIONS <br /> <br />For the purpose of this Agreement: <br /> <br />a, The term "Costs of Services" shall mean all disbursements by the Government pursuant to <br />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 <br />expenses; supervision and administrative costs; contracts with third parties, including <br />termination or suspension charges necessary to terminate ongoing contracts or obligations <br />and to properly 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 and <br />complete the services, currently estimated to be completed within 9 months from the date <br />of this Agreement, substantially in compliance with Article ill of this Agreement and the <br />Scope of Services attached as Appendix A, and in conformity with applicable Federal laws <br />and regulations and mutually acceptable standards of engineering. <br /> <br />b. The Sponsor shall pay up to $19,920 in cash for the services, provided that the Government <br />shall not obligate funds to provide services until after such cash payment has been made <br />available by the Sponsor, <br /> <br />c, This Agreement is subject to and contingent upon the continuing availability of federal <br />funds for the purposes hereof <br /> <br />c, The award and administration of any contract with a third party for services in furtherance <br />of this Agreement shall be exclusively within the control of the Government. <br /> <br />d. Upon completion of the Study, the Government will deposit the original engineering data <br />and reports resulting from the Study 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 analyses <br />available to the public. Any publication of Study results shall contain an acknowledgment <br />of the parties' participation in the Study, <br /> <br />2 <br />