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R2023-67 Resolution Authorizing Execution of Programmatic Partnership Agreement with U.S. Department of Agriculture Natural Resources Conservation Service for the Regional Conservation Partnership Program
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R2023-67 Resolution Authorizing Execution of Programmatic Partnership Agreement with U.S. Department of Agriculture Natural Resources Conservation Service for the Regional Conservation Partnership Program
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4/14/2023 10:53:04 AM
Creation date
4/4/2023 12:49:59 PM
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Resolution/Ordinance
Res Ord Num
R2023-67
Res Ord Title
R2023-67 Resolution Authorizing Execution of Programmatic Partnership Agreement with U.S. Department of Agriculture Natural Resources Conservation Service for the Regional Conservation Partnership Program
Department
Public Works
Approved Date
4/3/2023
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RCPP Project ID:272`4 <br /> Start Date: End Date: <br /> VIII. Project Changes: Minor Changes,Amendments, and Termination <br /> Either party may request changes to this PPA during the agreement life. The Parties acknowledge that <br /> minor deviations from the project Schedule in Attachment B may be necessary; where such issues are <br /> limited to accelerated implementation of out-year RCPP funded or contribution deliverables, or delays not <br /> greater than 12-months (and not occurring during the final year of the PPA), such deviations may be noted <br /> in project management files, and updates to the project agreement records may not be required unless <br /> determined necessary by NRCS or requested by the partner. Where lengthier delays or other substantive <br /> changes are needed, including changes or additions to Exhibits 1-6, one of the following methods shall be <br /> used to initiate and/or document changes. <br /> Minor Changes: By mutual consent, minor changes can be requested, negotiated and if approved by <br /> NRCS, documented in the agency software without necessity of a new agreement or hard copy signatures. <br /> NRCS will only approve minor changes when the agency determines changes are consistent with program <br /> rules and policy, and would not affect key components of project scope e.g. updates to agreement <br /> contracts or exhibits could be a"minor change"while changes in total RCPP funding, a decline in the <br /> ratio of contributions to RCPP funding, an increase in the size of the project area, changes in targeted <br /> conservation benefits/resource concerns, or replacement of the lead partner would not be minor changes. <br /> Amendment: By mutual consent, more substantive changes affecting key components of project scope <br /> may be allowed in limited circumstances if such changes are accepted by NRCS as consistent with <br /> program authorities and with the original intent of the project. At NRCS discretion any substantive change <br /> to project scope, including but not limited to a decline in total partner contributions,may constitute basis <br /> for project termination under Part IX (3)below, and/or adversely affect lead partner's ranking in future <br /> competitions for RCPP assistance. <br /> IX. Ending Project Prior to Agreement End Date: Termination <br /> Terminations. <br /> (1) Lead partners may request that NRCS terminate the partnership agreement,provided the request for <br /> termination is in writing, and includes the reasons for termination. <br /> (2)NRCS may terminate a partnership agreement if— <br /> (i) Justified by the reasons provided by the lead partner; <br /> (ii)NRCS determines that a modification of the partnership agreement is necessary to comply with <br /> applicable law and the partner does not concur with such modification; or <br /> (iii) The lead partner fails to correct noncompliance with a term of the partnership agreement. <br /> (3) A termination may be justified by circumstances beyond the lead partners' control that prevents <br /> completion of one or more provisions of the partnership agreement, such as a natural disaster or other <br /> circumstances in which NRCS may determine that termination is in the public interest. <br /> (4) If a program agreement is terminated, the lead partner forfeits all rights to any unobligated technical or <br /> financial assistance remaining under the partnership agreement. <br /> (5) Effect on other agreements. Termination of a partnership agreement under this section will— <br /> Page 6 of 51 <br />
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