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HomeMy WebLinkAboutDepartment of the Army (2) Augusta Richmond GA DOCUMENT NAME: ~ 0+ -\tie A r~ DOCUMENT TYPE: meroXY(orIdum YEAR: ~ l BOX NUMBER: D3 FILE NUMBER: \~dD\ ~ NUMBER OF PAGES: \0 .,..- .~-. ,;.; .~ /' " ...'.. \ 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; '.,1 "" '. 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 2 ,- or' " 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 \0 .. 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 .~"t ~, . 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 ~ This ~um'nl .pprov.d as ~~Zf:fl7 4He<f: #Lllaf)J~ 5