WHEREAS, the Water Resources Development Act of 1986 (PL 99-662) specifies the
cost sharing requirements applicable to the Study;
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - DEFINITIONS
For the purposes of this Agreement:
a. The term "Study" shall mean all planning, engineering, and design work to be
completed prior to initiation of the aquatic plant control project pursuant to the requirements of
ER 1130-2-412 and other applicable guidance.
b. The term "Study Cost" shall mean all disbursements by the Government pursuant to
this Agreement, whether from Federal appropriations or from funds made available to the
Government by the Sponsor, and all Negotiated Costs of work performed by or contracted for by
the Sponsor pursuant to this Agreement. Such costs shall include, but not be limited to: labor
charges; direct costs; overhead expenses; supervision and administration costs; contracts with
third parties, including termination or suspension charges; and any termination or suspension costs
associated with this Agreement.
c. The term "Study Period" shall mean the time period for conducting the Study
commencing with the execution of this Agreement and ending with a determination: of insufficient
need; that a Federal interest does not exist; or of approval of the DSR by Office of the Assistant
Secretary of the Army (Civil Works).
d. The term "Negotiated Cost" is the cost of a work item to be accomplished by the
sponsor as in-kind services as specified in the Initial Project Management Plan incorporated herein
and which is acceptable to both parties.
e. The term "Contracting Officer" shall mean the Commander of the U.S. Army Engineer
District, ___________, or his designee.
f. The term "fiscal year" (FY) shall mean the fiscal year of the Federal Government
(October 1 through September 30 of the following calendar year).
ARTICLE II - OBLIGATIONS OF PARTIES
a. The Sponsor and the Government, using funds contributed by the Sponsor and
appropriated by the Congress, shall expeditiously prosecute and complete the Study, currently
estimated to be completed in __ months from the date of this Agreement, substantially in
compliance with Article III herein and in conformance with applicable Federal and state laws and
regulations, the Economic and Environmental Principles and Guidelines for Water and Related
Land Resources Implementation Studies, and mutually acceptable standards of engineering
practice.
b. The Government and the Sponsor shall each contribute, in cash and in-kind services,
fifty (50) percent of all Study Costs, for which the total cost is currently estimated to be
$_______, as specified in Article IV herein; provided, that the sponsor may, consistent with
applicable Federal statutes and regulations, contribute up to 25 percent of the Study Costs as in-
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