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1 <br />Member __________ introduced the following resolution and moved for its adoption: <br />RESOLUTION REQUESTING THE CITY OF FARGO TO UNDERTAKE ENGINEERING <br />SERVICES FOR PROJECT IN-KIND WORK ELEMENTS, AND AUTHORIZING THE REIMBURSEMENT OF RELATED ENGINEERING COSTS <br />WHEREAS, the Metro Flood Diversion Authority (the “Diversion Authority”) was created by five (5) member entities through the execution of a Joint Powers Agreement, dated June 1, 2016 <br />(the “JPA”), to establish the duties, responsibilities, and obligations of each member entity regarding the Fargo-Moorhead Metropolitan Area Flood Risk Management Project (the “Project”); and <br />WHEREAS, the member entities of the Diversion Authority (the “Member Entities” or “Member Entity”) include the City of Fargo, North Dakota (“Fargo”); the City of Moorhead, <br />Minnesota; Cass County, North Dakota; Clay County, Minnesota; and the Cass County Joint Water Resource District; and <br />WHEREAS, the construction of the Project includes various elements constructed by the <br />Diversion Authority (“Project Elements”) and in-kind work elements constructed by Member Entities (“In-Kind Work Elements”) that are located in both North Dakota and Minnesota; and <br />WHEREAS, section 12.05 of the JPA authorize the Diversion Authority to assign a Member Entity the responsibility for planning and designing Project In-Kind Work Elements; and <br />WHEREAS, in the event the Diversion Authority assigns a Member Entity the responsibility for planning and designing Project In-Kind Work Elements, section 12.05 of the JPA also provide that the Diversion Authority shall reimburse the Member Entity for all reasonable engineering costs <br />incurred by the Member Entity arising from or directly related to the Project In-Kind Work; and <br />WHEREAS, the Diversion Authority desires that Fargo, in its capacity as a Member Entity, undertake certain In-Kind Work Elements, as described herein; and <br />WHEREAS, in return for Fargo performing such In-Kind Work Elements, the Diversion Authority will reimburse Fargo for all reasonable engineering costs incurred arising from or directly related to such work as set forth in the JPA and such reimbursement shall not exceed $60,000. <br />NOW, THEREFORE, BE IT RESOLVED by the governing body of the Metro Flood Diversion Authority: <br />1.In-Kind Work Elements. The Diversion Authority formally requests that Fargo, in its <br />capacity as a Member Entity, undertake engineering services for the planning and designing <br />of the following In-Kind Work Elements, collectively, the “Work,” which is furtherdescribed in the attached Exhibit A: <br />A.Horace Sanitary Lift Station and Force Main Conceptual Design and System Layout; <br />B.Water Service to Horace Hydraulic Modeling; <br />C.Expanded Regional Water Service to Cass Rural Water District; and <br />D.Agreement and Cost-Share Application Development. <br />Attachment 05