Agreement - US Army Corps of Engineers - Flood Induation Mapper for SB

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reasonableness, allocability, and allowability, and crediting shall be in accordance with the following procedures, requirements, and limitations: a. As in -kind services are completed and no later than 60 calendar day after such completion, the Non -Federal Sponsor shall provide the Government appropriate documentation, including invoices and certification of specific payments to contractors, suppliers, and the Non -Federal Sponsor's employees. Failure to provide such documentation in a timely manner may result in denial of credit. The amount of credit afforded for in -kind services shall not exceed the Non -Federal Sponsor's share of costs. b. No credit shall be afforded for interest charges, or any adjustment to reflect changes in price levels between the time the in -kind services are completed and credit is afforded; for the value of in -kind services obtained at no cost to the Non -Federal Sponsor; or for costs that exceed the Government's estimate of the cost for such item if it had been performed by the Government. 5. The Non -Federal Sponsor shall not use Federal Program funds to meet any of its obligations under this Agreement unless the Federal agency providing the funds verifies in writing that the funds are authorized to be used for the Plan. Federal program funds are those funds provided by a Federal agency, plus any non -Federal contribution required as a matching share therefor. 6. In carrying out its obligations under this Agreement, the Non -Federal Sponsor shall comply with all the requirements of applicable Federal laws and implementing regulations, including, but not limited to: Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended (42 U.S.C. 2000d), and Department of Defense Directive 5500.11 issued pursuant thereto; the Age Discrimination Act of 1975 (42 U.S.C. 6102); and the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Army Regulation 600-7 issued pursuant thereto. 7. Upon 30 calendar days written notice to the other party, either party may elect, without penalty, to suspend or terminate further development of the Plan. Any suspension or termination shall not relieve the parties of liability for any obligation incurred. 8. As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non -binding alternative dispute resolution with a qualified third party acceptable to the parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. 9. The parties shall develop procedures for the maintenance by the Non -Federal Sponsor of books, records, documents, or other evidence pertaining to costs and expenses for a minimum of three years after the final accounting. The Non -Federal Sponsor shall