THIS AGREEMENT is entered into this 9th day of OCT, 2014, by and between the Department of the Army (hereinafter the "Government"), represented by the U.S. Army Engineer, St. Paul District and the Sand Hill River Watershed District (hereinafter the "Non-Federal Sponsor"), represented by its Administrator.
WHEREAS, construction of the Sand Hill River Channel Improvements Project (hereinafter the "Existing Project", as defined in Article I.A. of this Agreement) at southeast Polk County, Minnesota was completed by the Secretary of the Army in 1958;
WHEREAS, design and construction of the Sand Hill River Section 1135 Project to modify the Existing Project for improvement of the quality of the environment (hereinafter the "Project", as defined in Article I.B. of this Agreement) at southeast Polk County, Minnesota was approved by the Commander, Mississippi Valley Division on January 15, 2014 pursuant to the authority contained in Section 1135(b) of the Water Resources Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2309a; hereinafter "Section 1135");
WHEREAS, performance of monitoring ( as defined in Atiicle I.R. of this Agreement) was approved as part of the Project;
WHEREAS, Section 1135 provides that not to exceed $40,000,000 in Federal funds are authorized to be appropriated annually to carry out projects for the purpose of: (1) making such modifications in the structures and operations of water resources projects constructed by the Secretary of the Army which the Secretary determines will improve the quality of the environment, or (2) undertaking measures for restoration of environmental quality when the Secretary determines that construction or operation of a water resources project has contributed to the degradation of the quality of the environment; and not more than $5,000,000 in Federal funds may be expended on any single modification or measure carried out or undertaken pursuant to Section 113 5;
WHEREAS, the Government and the Non-Federal Sponsor desire to enter into a Project Partnership Agreement (hereinafter the "Agreement") for design and construction of the Project;
WHEREAS, Section 1135 of the Water Resources Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2309a) specifies the cost-sharing requirements applicable to the Project;
WHEREAS, the Government and Non-Federal Sponsor have the full authority and capability to perf01m as hereinafter set forth and intend to cooperate in cost-sharing and financing of the Project in accordance with the terms of this Agreement; and
WHEREAS, the Government and the Non-Federal Sponsor, in connection with this Agreement, desire to foster a partnering strategy and a working relationship between the Government and the Non-Federal Sponsor through a mutually developed formal strategy of commitment and communication embodied herein, which creates an environment where trust and teamwork prevent disputes, foster a cooperative bond between the Government and the Non-Federal Sponsor, and facilitate the successful implementation of the Project.