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<br />MEMORANDUM OF UNDERSTANDING
<br /> THIS MEMORANDUM OF UNDERSTANDING (the “Agreement”) is entered into as of the 1st day of January, 2020, (the “Effective Date”), by and between Cass County, North Dakota, a North Dakota Home Rule County and political subdivision of the State of North Dakota (the
<br />“County”) and the Metro Flood Diversion Authority, a political subdivision of the State of North
<br />Dakota (the “Authority”) (collectively referred to as the “Parties”). WHEREAS, under the terms of the Joint Powers Agreement dated June 11, 2016, (the “JPA”), the Authority may enter contracts and employ personnel related to the Fargo-Moorhead
<br />Area Diversion Project (the “Project”); and
<br /> WHEREAS, under the terms of the JPA, the Authority employed an Executive Director to function as the chief administrative officer of the Authority on September 1, 2019; and
<br />WHEREAS, on August 22, 2019, the County and the Authority entered into an Interim
<br />Memorandum of Understanding whereby the County’s human resource department provides human resource services related to payroll and benefits to the Authority’s Executive Director and future employees at no cost to the Authority; and
<br />WHEREAS, the Interim Memorandum of Understanding expires on December 31, 2019,
<br />and the County and the Authority intend to enter into a more complete agreement regarding the provisions of personnel services; and WHEREAS, under the terms of the new agreement, the County’s human resource
<br />department will provide human resource services related to payroll and benefits to the Authority’s
<br />Executive Director and future employees at no cost to the Authority, beginning January 1, 2020, through December 31, 2021; and WHEREAS, the Parties desire to memorialize the terms, rights, and responsibilities in
<br />writing under this Agreement.
<br /> NOW THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
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<br />ARTICLE I. DEFINITIONS Section 1.01 DEFINITIONS. All capitalized terms used, and not otherwise defined
<br />herein, shall have the meanings given to them in this Agreement and as defined in this Section
<br />unless a different meaning clearly applies from the context. “Agreement” means this Memorandum of Understanding dated January 1, 2020. “Applicable Law” means, collectively, the Constitutions of the United States and the
<br />State, all common law and principles of equity, and all federal, State, and local laws including, without limitation, all environmental laws, statutes, treaties, codes, acts, rules, regulations,
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