RES NO 02-04-1982 2 -y -1182
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. V 2.-1982
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A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROJECT
AGREEMENT WITH U.S.D.A. SOIL CONSERVATION SERVICE FOR EMERGENCY REPAIRS
TO CITY PARK ROAD.
WHEREAS, Part of City Park Road was damaged by a mudslide on Sunday,
January 31, 1982; and
WHEREAS, Immediate repairs to the damaged area were necessary; and
WHEREAS, SCS and the City cost shared in the City Park Lake Project;
and
WHEREAS, It is necessary that the City and SCS enter into a Project
Agreement for cost sharing in the emergency repairs of City
Park Road:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN
BUREN, ARKANSAS:
THAT: Section 1. The Mayor is authorized to execute said Project
Agreement on behalf of the City, and
Section 2. The Mayor is hereby appointed as Contracting
Officer on behalf of the City, and
Section 3. The Mayor is hereby authorized to appoint an
alternate Contracting Officer to work with the Mayor on the
Project when necessary.
PASSED AND APPROVED THIS 15th DAY OF February 19 82
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MAYOR
ATTESTED:
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CITY CLERK TREASURER
1
STATE Arkansas
A WATERSHED Flat Rock Creek 1.
CONTRACT NO 58- 7103 -2 -126
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
PROJECT AGREEMENT
THIS AGREEMENT made this day of 1982, by
and between the City of Van Buren called the Contracting Local Organization
and the Soil Conservation Service, USDA, called SCS.
WITNESSETH THAT:
HWEREAS, under the provisions of the Watershed Protection and Flood
Prevention Act, the Contracting Local Organization and SCS agreed to a
plan for the above watershed, which provides for installation of certain
works of improvement;
NOW THEREFORE, in consideration of the premises and of the several
promises to be faithfully performed by the parties hereto as set forth,
the Contracting Local Organization and SCS do hereby agree as follows:
A. It is agreed that the following- described work has been performed
at a cost of $8,714.82.
Emergency repair to stabilize land slide and protect road and sewer
system.
B. The Contracting Local Organization will:
1. Provide 18.17 percent of the cost of the work described in A.
This cost to the Contracting Local Organization is $1,583.48.
2. Install the works of improvement described in A. by informa-
tion contract in accordance with specifications furnished by
SCS and specifications furnished by the Contracting Local
Organization when concurred in by the State Administrative
Officer.
3. Accept all financial and other responsibility for excess costs
resulting for its failure to obtain, or its delay in obtaining,
adequate land and water rights, permits, and licenses needed
for vegetating the works of improvement described in A.
4. Appoint a Contracting Officer, and an authorized representa-
tive who shall have authority to act for the Contracting'
Officer, listing their duties, responsibilities, and authori-
ties. Furnish such information in,writing to the State Adminis-
trative Officer.
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5. Be responsible for all administrative expenses necessary to
arrange for and carry out the vegetating of the works of
improvement described in Section A. These administrative
expenses include but shall not be limited to facilities,
clerical personnel, and legal counsel including such attorneys
deemed necessary by SCS to resolve any legal matters.
6. Pay the contractor. Submit bill to SCS on Form SF -270.
7. Hold and save SCS free from any and all claims or causes of
action whatsoever resulting from the obligations undertaken by
it under this agreement or resulting from the work provided
for in this agreement.
C. SCS will:
1. Provide 81.83 percent of the cost of the work described in A.
This cost to SCS is $7,131.34.
2. Provide the services of a Government Representative.
3. Provide the services of Government Inspectors, as necessary.
4. Make payment to the Contracting Local Organization for SCS's
share of the cost on receipt and approval of From SF -270.
D. It is mutually agreed that:
1. The materials necessary for accomplishing the works of improve-
ment described in Section A. are not to be procured from the
Sponsors, from the Contracting Local Organization, or from any
firm in which any official of the Sponsor or Contracting Local
Organization or any member of such official's immediate family
has direct or indirect financial interest.
2. SCS may terminate this agreement in whole or in part if it is
determined by SCS that the Contracting Local Organization has
failed to comply with any of the conditions of this agreement.
SCS is to promptly notify the Contracting Local Organization
in writing of the determination, reasons for the termination,
and the effective date. Payments made by or recoveries made
by SCS under this termination are to be in accord witp the
legal rights and liabilities of SCS and the Contracting Local
Organization.
3. This agreement may be temporarily suspended by SCS if it
determines that corrective action by the Contracting Local
Organization is needed to meet the provisions of this agree-
ment. Further, SCS may suspend this agreement when it is
evident that a termination is pending.
A
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4. No member of or delegate to Congress or Resident Commissioner
is to be admitted to any share or part of this agreement, or
to any benefit that may arise therefrom; but this provision
shall not be construed to extend to this agreement if made
with a corporation for its general benefit.
5. The furnishing of the administrative and technical services
by SCS as set out in C.2. through C.4. is contingent upon the
continuing avilability of appropriations by the Congress and
SCS is not obligated if the Congress fails to appropriate.
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CITY OF VAN BUREN This action authorized at an official
meeting of City Council, City of Wan
By: Buren the day of
1982 at
Title: Mayor State of Arkansas.
Date:
(Signature)
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE (Title)
By:
Title:
Date: