Example
Request for Planning Assistance to States
and Example
Cost Sharing Agreement
Dear Sir:
This is in reference to the Corps of Engineers’ Planning Assistance to States Program. We understand that the provisions of Section 22 of the Water Resources Development Act of 1974, as amended, provide authority for the Corps to assist in the preparation of comprehensive plans for the development, utilization, and conservation of water and related land resources. The (name of State, Indian Tribe, local government, or other non-Federal entity) requests planning assistance for (briefly describe problem or need, including if appropriate, the name of the body of water or waterway, and City, and / or County and State).
We would like to discuss the availability of information, required schedule, and level of effort required in order to negotiate a cost-sharing agreement to initiate a Section 22 study.
Please contact (Name, title, phone number)
to arrange a further discussion of this request.
Signature of Cooperating Agency
THIS AGREEMENT, entered into this ____ day of _______ , _____ by and between the United States of America (hereinafter called the “Government”), represented by the Contracting Officer executing this Agreement, and (Name of the Requesting State entity or Tribe) (hereinafter called the “Sponsor”).
WITNESSETH, that
WHEREAS, the Congress has authorized the Corps of Engineers in Section 22 of the Water Resources Development Act of 1974 (Public Law 93-251) as amended to assist the States in the preparation of comprehensive plans for the development, utilization and conservation of water and related land resources:
and whereas, Section 319 of the Water Resources Development Act of 1990 (Public Law 101-640) authorized the Government to collect from non-Federal entities fees for the purpose of recovering fifty (50) percent of the cost of the program; and,
WHEREAS, the Sponsor has reviewed the State’s comprehensive water plans and identified the need for the planning assistance as described in a Scope of Studies: (Name of the study which is described in Appendix A), incorporated into this agreement; and WHEREAS, the Sponsor has the authority and capability to furnish the cooperation hereinafter set forth and is willing to participate in study cost-sharing and financing in accordance with the terms of this agreement;
NOW THEREFORE, the parties agree as follows:
1. The Government, using funds contributed by the Sponsor and appropriated by the Congress, shall expeditiously prosecute and complete the Study, estimated to be completed within twelve (12) months, substantially in compliance with the Scope of Studies attached as Appendix A and in conformity with applicable Federal laws and regulations and mutually acceptable standards of engineering practice.
2. The Government and the Sponsor shall contribute fifty (50) percent, respectively, of all study costs, the total cost of which is currently estimated to be $ ____________, as specified in the cost estimate attached as Appendix B. The Sponsor agrees to provide a cashier or certified check in the amount of $ ______________ which shall be made payable to FAO, USAED, (Mobile District), prior to any work being performed under this Agreement.
3. No Federal funds may be used to meet the local Sponsor’s share of study costs under this Agreement unless the expenditure of such funds is expressly authorized by statute as verified by the granting agency.
4. Before any Party to the Agreement may bring suit in any court concerning any issue relating to this Agreement, such Party must first seek in good faith to resolve the issue through negotiation or another form of nonbinding alternate dispute resolution mutually acceptable to the Parties.
5. In the event that any one or more of the provisions of this Agreement is found to be invalid, illegal, or unenforceable, by a court of competent jurisdiction, the validity of the remaining provisions shall not in any way be affected or impaired and shall continue in effect until the Agreement is completed.
6. This Agreement shall become effective
upon the signature of both Parties.