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DOCUMENT NAME: ~ 0+ -\tie A r~
DOCUMENT TYPE: meroXY(orIdum
YEAR: ~ l
BOX NUMBER: D3
FILE NUMBER: \~dD\ ~
NUMBER OF PAGES:
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MEMORANDUM OF AGREEMENT
between
DEPARTMENT OF THE ARMY
and
RICHMOND COUNTY, GEORGIA
for contributed funds related to the
DEWATERING AND REPAIR OF THE LOCK
AT THE NEW SAVANNAH BLUFF LOCK AND DAM
This is a MEMORANDUM OF AGREEMENT (hereinafter referred to as the
"MOA"), entered into this 10th day of October , 1997, by and between
the DEPARTMENT OF THE ARMY (hereinafter referred to as the "Government"),
acting by and through the District Engineer, U.S. Army Corps of Engineers,
Savannah District, and Richmond County, Oeorgia (hereinafter referred to as the
"Contributor"), acting by and through the Mayor of the Augusta-Richmond County
Commission.
WITNESSETH, THAT:
WHEREAS, the Rivers and Harbors Act of3 July 1930 (H.D. 101, 70th Congress,
1st Session), authorized construction of the New Savannah Bluff Lock and Dam, and
the Rivers and Harbors Act of 30 August 1935 (Senate Committee Print. 73rd
Congress, 2nd Session) provided the location of the Project,
WHEREAS, the Government has closed the lock at the New Savannah Bluff Lock
and Dam (hereinafter referred to as the "Project") because of structural problems;
WHEREAS, the Energy and Water Development Appropriations Act of 1997, P.L.
104-206 appropriated funds in the amount of $1 ,000,000 for the dewatering and
repair of the Project, as noted in House Report 104-679;
WHEREAS, the March 1997 Letter Report on Lock Repair at the New Savannah
Bluff Lock and Dam, Savannah River, Georgia and South Carolina, estimated the
amount of funds needed to dewater, and accomplish the necessary repairs to the
Project to be $1,500,000;
WHEREAS, the Contributor has expressed a desire to contribute funds towards
the cost of the dewatering and repairs of the Project;
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WHEREAS, the Contributor considers it to be in its own interest to expedite the
dewatering and repair of the Project by voluntarily contributing funds (hereafter
referred to as the "contributed funds") to be used by the Government for that
purpose;
WHEREAS, the Government is authorized, pursuant to 33 U.S.C. 560, to accept
and expend contributed funds, in connection with Federally appropriated funds, for
any authorized work of public improvement of rivers and harbors whenever such
work and expenditure may be considered by the Chief of Engineers as advantageous
to the interests of navigation;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The Government, using funds appropriated by the Congress of the United
States and funds provided by the Contributor, shall perform dewatering and repair of
the Project under the terms of this Agreement. In this Agreement, the term
"dewatering and repair" shall include but is not necessarily limited to: continuing
planning and engineering; advanced engineering and design; preconstruction
engineering and design; engineering and design during construction; investigations
to identify the existence and extent of hazardous substances; historic preservation
activities; actual construction; supervision and administration; and all costs
associated thereto, including contract expenditures, dispute settlements, and awards.
2. The Contributor shall contribute to the Government $500,000, in cash towards
the dewatering and repair of the Project. The Contributor shall verify to the
satisfaction of the Government within 30 days after this MOA takes effect that the
Contributor has deposited the required funds in an escrow or other account
acceptable to the Government, with interest accruing to the Contributor.
3. The Government shall not obligate any funds contributed by the Contributor
before they are received by the Government and available for obligation by the
Government.
4. The Government shall use the contributed funds for no purpose other than the
dewatering and repair of the Project. The Government shall spend the contributed
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funds only after expending the $1 million in federal funds appropriated by P.L. 104-
206 for dewatering and repair of the Project.
5. The Government shall provide the Contributor with quarterly accountings of
its expenditures of contributed funds for dewatering and repair of the Project. The
first such accounting shall be provided within 30 days after the final day of the first
complete Government fiscal year quarter following receipt of the contributed funds,
and subsequent accountings shall be provided within 30 days after the final day of
each succeeding quarter until the contributed funds are completely expended or the
Government concludes dewatering and repair of the Project.
6. Subject to the availability of such funds and the approval of the Secretary of
the Army, the Government shall return to the Contributor any funds contributed by
the Contributor which are excess of the amount necessary for the Government to
complete dewatering and repair of the Project (hereinafter referred to as "excess
contributed funds").
7. The Government shall have no obligation to spend more than $1 million in
federal funds and $500,000 in nonfederal funds on the dewatering and repair of the
Project. The Government will limit its obligations to the total amounts of these
funds.
8. The Government may, in its sole discretion, reprogram funds for costs of
dewatering and repair of the Project which exceed the sum of the appropriated
Federal funds and the contributed funds (hereinafter referred to as "further
dewatering and repair"). However, the Government makes no commitment to
accomplish such reprogramming.
a. If such reprogramming occurs, the Government shall inform the
Contributor of the amount of the funds which have been reprogrammed to cover
costs of further dewatering and repair (hereinafter referred to as "reprogrammed
funds"). Within thirty days of such notice, the Contributor shall contribute to the
Government an amount equal to one-half the amount of the reprogrammed funds and
shall verify to the satisfaction of the Government that the Contributor has deposited
the required amount (hereinafter referred to as "additional contributed funds") in an
escrow or other account acceptable to the Government, with interest accruing to the
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Contributor. The Government reserves the right to refrain from obligating the
reprogrammed funds until the Contributor has met all its requirements under this
paragraph.
b. The Government shall use the additional contributed funds and
reprogrammed funds for further dewatering and repair of the Project. In addition, the
Government shall spend the additional contributed funds and reprogrammed funds
such that the additional contributed funds pay one-third of the cost of further
dewatering and repair of the Project and the reprogrammed funds pay two-thirds of
the cost of further dewatering and repair of the Project.
c. Subject to the availability of such funds and the approval of the Secretary of
the Army, the Government shall return to the Contributor any additional contributed
funds which are in excess of the amount necessary for the Government to complete
repair and dewatering of the Project.
9. Nothing herein shall constitute, or be deemed to constitute, an obligation of
future appropriations by the United States.
10. Nothing herein shall constitute, or be deemed to constitute, an assurance or
promise of the Government to take any action other than those specifically,set forth.
in this Agreement with respect to dewatering and repair of the Project. Nothing
herein shall constitute, or be deemed to constitute, an assurance 'or promise'ofthe '
Government to conduct other activities at the Project. Upon completion of
dewatering and repair of the Project, the Contributor shall resume operation and
maintenance of the Project and be responsible for all operation and maintenance
costs for 10 years and thereafter for so long as the Project remains in operation. If
the Contributor fails to operate or maintain the Project at any time, the Government
reserves the right to permanently close the Project to navigation.
11. Before any party to this MOA may bring suit in any court concerning an issue
relating to this MOA, such party must first seek in good faith to resolve the issue
through negotiation or other forms of nonbinding alternative dispute resolution
mutually acceptable to the parties.
4
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12. The Contributor shall hold and save the Government free from all damages
arising from dewatering and repair of the Project, except for damages due to the fault
or negligence of the Government or its contractors.
13. The Contributor shall not use federal funds as part of any contribution of
funds under this Agreement unless the federal granting agency verifies in writing that
the expenditure of such funds is expressly authorized by statute.
IN WITNESS WHEREOF, the parties have executed the Memorandum of
Agreement as of the day and year first written.
THE DEPARTMENT OF THE ARMY RICHMOND COUNTY, GEORGIA
BY: /4.,/ -
/Grant M. Smith
Colonel, U.S. Army
District Engineer
Mayo
Augusta-Richmond County
Commission
A fle.S+:
5
MEMORANDUM OF AGREEMENT
between
DEPARTMENT OF THE ARMY
and
RICHMOND COUNTY, GEORGIA
for contributed funds related to the
DEWATERING AND REPAIR OF THE LOCK
AT THE NEW SAVANNAH BLUFF LOCK AND DAM
This is a MEMORANDUM OF AGREEMENT (hereinafter referred to as the
"MOA"), entered into this 10th day of October , 1997, by and between
the DEPARTMENT OF THE ARMY (hereinafter referred to as the "Government"),
acting by and through the District Engineer, U.S. Army Corps of Engineers,
Savannah District, and Richmond County, Georgia (hereinafter referred to as the
"Contributor"), acting by and through the M:ayor of the Augusta-Richmond County
Commission.
WITNESSETH, THAT:
WHEREAS, the Rivers and Harbors Act of 3 July 1930 (H.D. 101, 70th Congress,
1st Session), authorized construction of the New Savannah Bluff Lock and Dam, and
the Rivers and Harbors Act of 30 August 1935 (Senate Committee Print. 73rd
Congress, 2nd Session) provided the location of the Project,
WHEREAS, the Government has closed the lock at the New Savannah Bluff Lock
and Dam (hereinafter referred to as the "Project") because of structural problems;
WHEREAS, the Energy and Water Development Appropriations Act of 1997, P .L.
104-206 appropriated funds in the amount of$I,OOO,OOO for the dewatering and
repair of the Project, as noted in House Report 104-679;
WHEREAS, the March 1997 Letter Report on Lock Repair at the New Savannah
Bluff Lock and Dam, Savannah River, Georgia and South Carolina, estimated the
amount of funds needed to dewater, and accomplish the necessary repairs to the
Project to be $1,500,000;'
WHEREAS, the Contributor has expressed a desire to contribute funds towards
the cost of the dewatering and repairs of the Project;
WHEREAS, the Contributor considers it to be in its own interest to expedite the
dewatering and repair of the Project by voluntarily contributing funds (hereafter
referred to as the "contributed funds") to be used by the Government for that
purpose;
WHEREAS, the Government is authorized, pursuant to 33 D.S.C. 560, to accept
and expend contributed funds, in connection with Federally appropriated funds, for
any authorized work of public improvement of rivers and harbors whenever such
work and expenditure may be considered by the Chief of Engineers as advantageous
to the interests of navigation;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The Government, using funds appropriated by the Congress of the United
States and funds provided by the Contributor, shall perform dewatering and repair of
the Project under the terms of this Agreement. In this Agreement, the term
"dewatering and repair" shall include but is not necessarily limited to: continuing
planning and engineering; advanced engineering and design; preconstruction
engineering and design; engineering and design during construction; investigations
to identify the existence and extent of hazardous substances; historic preservation
activities; actual construction; supervision and administration; and all costs
associated thereto, including contract expenditures, dispute settlements, and awards.
2. The Contributor shall contribute to the Government $500,000, in cash towards
the dewatering and repair of the Project. The Contributor shall verify to the
satisfaction of the Government within 30 days after this MOA takes effect that the
Contributor has deposited the required funds in an escrow or other account
acceptable to the Government, with interest accruing to the Contributor.
3. The Government shall not obligate any funds contributed by the Contributor
before they are received by the Government and available for obligation by the
Government.
4. The Government shall use the contributed funds for no purpose other than the
dewatering and repair of the Project. The Government shall spend the contributed
2
funds only after expending the $1 million in federal funds appropriated by P .L. 104-
206 for dewatering and repair of the Project.
5. The Government shall provide the Contributor with quarterly accountings of
its expenditures of contributed funds for dewatering and repair of the Project. The
first such accounting shall be provided within 30 days after the final day of the first
complete Government fiscal year quarter following receipt of the contributed funds,
and subsequent accountings shall be provided within 30 days after the final day of
each succeeding quarter until the contributed funds are completely expended or the
Government concludes dewatering and repair of the Project.
6. Subject to the availability of such funds and the approval of the Secretary of
the Army, the Government shall return to the Contributor any funds contributed by
the Contributor which are excess of the amount necessary for the Government to
complete dewatering and repair of the Project (hereinafter referred to as "excess
contributed funds").
7. The Government shall have no obligation to spend more than $1 million in
federal funds and $500,000 in nonfederal funds on the dewatering and repair of the
Project. The Government will limit its obligations to the total amounts of these
funds.
8. The Government may, in its sole discretion, reprogram funds for costs of
dewatering and repair of the Project which exceed the sum of the appropriated
Federal funds and the contributed funds (hereinafter referred to as "further
dewatering and repair"). However, the Government makes no commitment to
accomplish such reprogramming.
a. If such reprogramming occurs, the Government shall inform the
Contributor of the amount of the funds which have been reprogrammed to cover
costs of further dewatering and repair (hereinafter referred to as "reprogrammed
funds"). Within thirty days of such notice, the Contributor shall contribute to the
Government an amount equal to one-half the amount of the reprogrammed funds and
shall verify to the satisfaction of the Government that the Contributor has deposited
the required amount (hereinafter referred to as "additional contributed funds") in an
escrow or other account acceptable to the Government, with interest accruing to the
3
Contributor. The Government reserves the right to refrain from obligating the
reprogrammed funds until the Contributor has met all its requirements under this
paragraph.
b. The Government shall use the additional contributed funds and
reprogrammed funds for further dewatering and repair of the Project. In addition, the
Government shall spend the additional contributed funds and reprogrammed funds
such that the additional contributed funds pay one-third of the cost of further
dewatering and repair of the Project and the reprogrammed funds pay two-thirds of
the cost of further dewatering and repair of the Project.
c. Subject to the availability of such funds and the approval of the Secretary of
the Army, the Government shall return to the Contributor any additional contributed
. funds which are in excess of the amount necessary for the Government to complete
repair and dewatering of the Project.
9. Nothing herein shall constitute, or be deemed to constitute, an obligation of
future appropriations by the United States.
10. Nothing herein shall constitute, or be deemed to constitute, an assurance or
promise of the Government to take any action other than those specifically set forth
in this Agreement with respect to dewatering and repair of the Project. Nothing
herein shall constitute, or be deemed to constitute, an assurance or promise of the
Government to conduct other activities at the Project. Upon completion of
dewatering and repair of the Project, the Contributor shall resume operation and
maintenance of the Project and be responsible for all operation and maintenance
costs for 10 years and thereafter for so long as the Project remains in operation. If
the Contributor fails to operate or maintain the Project at any time, the Government
reserves the right to permanently close the Project to navigation.
11. Before any party to this MOA may bring suit in any court concerning an issue
relating to this MOA, such party must first seek in good faith to resolve the issue
through negotiation or other forms of nonbinding alternative dispute resolution
mutually acceptable to the parties.
4
12. The Contributor shall hold and save the Government free from all damages
arising from dewatering and repair of the Project, except for damages due to the fault
or negligence of the Government or its contractors.
13. The Contributor shall not use federal funds as part of any contribution of
funds under this Agreement unless the federal granting agency verifies in writing that
the expenditure of such funds is expressly authorized by statute.
IN WITNESS WHEREOF, the parties have executed the Memorandum of
Agreement as of the day and year first written.
THE DEPARTMENT OF THE ARMY RICHMOND COUNTY, GEORGIA
BY:./ ~,I?' ·
'Grant M. Smith
Colonel, U.S. Army
District Engineer
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