2. Flood diversion-Joint WRD/Fargo JPA second amendment

This e-mail communication may contain privileged and confidential information. It is intended only for the use of the intended recipient(s)identified above. If you are not the intended recipient of this communication,you are hereby notified that any use, dissemination,distribution,downloading,or copying of this communication is strictly prohibited. If you have received this communication in error,please immediately notify the sender by e-mail or by telephone at(701)282-3249 and DELETE the communication and destroy all copies. Thank you for your cooperation. From: Sean M. Fredricks Sent:Tuesday, May 13, 2014 10:46 AM To: Erik Johnson; Birch Burdick(burdickbCacasscountynd.gov); Nancy Morris (NMorrisMawfargo.com) Cc: Eric Dodds (Eric.DoddsCa)AE2S.com); Mark Brodshaug Subject: ND Three-Party JPA - Draft Amendment Erik, Birch, and Nancy: The Joint Board has been seeking reimbursements regarding the DPAC efforts and now regarding the OHB Levee project under the Three-Party Joint Powers Agreement between the City,the County, and the Joint Board. However,the original JPA and the First Amendment(both attached)really only addressed reimbursements for rights of entry and right of way acquisition costs. As the OHB Levee project in particular is ramping up, the Joint Board thought it would be a good idea to amend the JPA to include the DPAC and OHB items as reimbursable items under the JPA. This is really just formalizing the procedure we're already following. Anyway, could you review the attached draft Second Amendment and let me know if you have any thoughts or questions? If you'd like, we could conduct a conference call, or you could submit any proposed revisions as a redline document, either way. Or, if everything looks acceptable, could you have your respective Commissions approve the Second Amendment? Thanks! Regards, 7k• grccd'iick.a. Attorney at Law OHNSTAD TWICHELL, P.C. 901 - 13th Avenue East P.O. Box 458 West Fargo, North Dakota 58078-0458 Tel. (701)282-3249 Fax(701)282-0825 sfredricksc ohnstadlaw.com www.ohnstadlaw.com <image003.jpg> SUGGESTED MOTION: Authorize the chairman to sign the second amendment to joint powers agreement with the City of Fargo and Cass County Joint Water Resource District to include the Diversion Project Assessment Committee (DPAC) and Oxbow/Hickson/Bakke (OHB) levee costs as reimbursable items under the Metro Flood Diversion Project Limited Joint Powers Agreement (JPA). <Second Amendment to Joint Powers Agreement(Fargo-Cass County-CCJWRD).doc> 5