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AGREEMENT <br />BETWEEN <br />THE DEPARTMENT OF THE ARMY <br />AND <br />CITY OF SOUTH BEND <br />FOR DEVELOPMENT OF A COMPREHENSIVE PLAN <br />THIS AGREEMENT is entered into this _ day of ........ , by and between <br />the Department of the Army (hereinafter the "Government" ), represented by the lj.S. <br />Army Engineer, Detroit District (hereinafter the "District Engineer") and the City of <br />South Bend, Indiana, by and through its Board of Public Works (hereinafter the "Non - <br />Federal Sponsor"). <br />WITNESSETH, THAT: <br />WHEREAS, Section 22 of the Water Resources Development Act of 1974, as <br />amended (42 U.S.C. 1962d-16) authorizes the Secretary of the Army, acting through the <br />Chief of Engineers, to provide assistance in the preparation of a comprehensive water <br />resources plan (hereinafter the "Plan") to a State or non -Federal interest working with a <br />State, and to establish and collect fees for the purpose of recovering 50 percent of the <br />costs of such assistance except that the Secretary may accept and expend non -Federal <br />funds provided that are in excess of such fee; and <br />WHEREAS, the Government and the Non -Federal Sponsor have the full authority <br />and capability to perform in accordance with the terms of this Agreement. <br />NOW, THEREFORE, the parties agree as follows: <br />1. The Government shall develop the Plan, in coordination with the Non -Federal <br />Sponsor, in accordance with the attached Scope of Work, and any modifications thereto, <br />that specifies the scope, cost, and schedule for activities and tasks, including the Non - <br />Federal Sponsor's in -kind services. <br />2. The Non -Federal Sponsor shall provide 50 percent of the costs for developing <br />the Plan in accordance with the provisions of this paragraph. As of the effective date of <br />this Agreement, the costs of developing the Plan are projected to be $222,000, with the <br />Government's share of such costs projected to be $111,000 and the Non -Federal <br />Sponsor's share of such costs projected to be $111,000, which includes estimated credit <br />in the amount of $111,000 for in -kind services. <br />a. After considering the estimated amount of credit for in -kind services <br />that will be afforded in accordance with paragraph 4, if any, the Government shall <br />provide the Non -Federal Sponsor with a written estimate of the amount of funds required <br />from the Non -Federal Sponsor for the initial fiscal year of development of the Plan, with <br />a fiscal year beginning on October 1st and ending on September 30th of the following year. <br />No later than 15 calendar days after such notification, the Non -Federal Sponsor shall <br />