03-23-2017 - Laserfiche WebLink

2 COST REIMBURSEMENT AGREEMENT THIS AGREEMENT (the “Agreement”) is made and entered into as of the date of the last signature below (the “Effective Date”), by and between the Metro Flood Diversion Authority (“Diversion Authority”) and the Fargo-Moorhead Metropolitan Council of Governments (“Metro COG”). WHEREAS, every two to three years a multi-jurisdictional project occurs to update digital aerial orthophotography, contour mapping derived from LiDAR, and planimetrics (the “Project”) for the greater Fargo-Moorhead Metropolitan area; and WHEREAS, the municipalities and counties in the greater Fargo-Moorhead Metropolitan area share the costs of the Project based on the amount of work performed in each municipality and county and each provides local funds, in some cases as a match to federal funds, if available for the Project; and WHEREAS, as part of the Fargo-Moorhead Metro Diversion Project, studies of the biological and geological environment within and near the Diversion Project are necessary to be completed before and after the Diversion Project is completed; in order to properly complete these studies the Diversion Authority needs to collect the digital aerial orthophotography, contour mapping and planimetrics that is collected under Metro COG’s Project. WHEREAS, Metro COG has historically been the Project Manager for the Project by issuing an RFP, selecting and contracting with a consultant to perform the Project work (the “Consultant”), receiving the federal and local funds, overseeing payments to the Consultant and distributing the work product to the local governmental entities, all under an agreement between Metro COG and the Consultant (the “Project Contract”); and WHEREAS, due to the RFP process that occurs with each Project, the Consultant and the Project Contract terms may vary with each Project; and WHEREAS, the Diversion Authority desires to participate and receive Project documents pursuant to each Project Contract and has previously agreed to provide reimbursement payments of non-federal funds to Metro COG for the Consultant’s services; and WHEREAS, the parties desire to enter into this Agreement to set forth terms for which the Diversion Authority will provide reimbursement for the 2017 Project and future Projects anticipated to be completed approximately every three (3) years, commencing on the Effective Date, and in an effort to make the Diversion Authority approval process more efficient for future Projects. NOW THEREFORE, it is agreed by and between the parties as follows: 1. PROJECT SERVICES. The Consultant will perform the Project work according to the Project Contract. Metro COG will act as the project manager and intermediary to the Diversion Authority by overseeing the Consultant and Project Contract. In the event that Metro COG is not the party contracting with a Consultant for the Project, this Agreement may be terminated pursuant to Section 10 of this Agreement.