2020-06-08-minutes-public-works-study-session

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NOW THEREFORE, the Applicant and the County agree as follows: II. AGREEMENT Model Use: The Applicant agrees to utilize the County's Whiskey Creek modeling consultant, Watershed Science and Engineering ("Consultant")) for all flood alleviation alternative modeling efforts associated with the Development. Prior to directing the Consultant to perform work for Applicant in conjunction with the Development, the Applicant and the County agree to develop scopes of work (verbal or written), which scopes of work the Parties shall thereafter communicate to the Consultant. Prior to commencing any work pursuant to this Agreement, the Consultant shall provide a fee estimate for each scope of work developed and agreed upon by the Applicant and the County, and, upon Applicant's authorization of the work that is the subject of the fee estimate, and Consultant's performance of such work, Applicant shall become obligated to pay for such costs or to reimburse County for such costs, in accordance with the provisions herein. 2. Accounting of Fees Expended to Date: Within thirty (30) calendar days of executing this Agreement, the County shall provide the Applicant with an accounting of the amount of fees spent on flood alleviation modeling associated with the Development to date. That accounting shall be accompanied by supportive invoicing from the Consultant. Within thirty (30) calendar days of the Parties' executing this Agreement and receipt by Applicant of the invoices referenced herein, the Applicant will reimburse the County for the invoiced amounts. 3. County Expense Reimbursement: Until such time as Applicant has obtained final plat approval for the Development or its applications therefore have expired Applicant agrees to pay the County for expenses incurred in flood alleviation scoping, analysis, and processing and review services related to analysis of flood alleviation modeling efforts requested by the Applicant described in Section 1 above. The County charges an administrative fee of 15 percent on all processed consultant invoices. 4. Expeditious Review and Performance by the County: The County agrees, as a general principle, to make its best efforts to expedite the review of all flood alleviation alternatives prepared pursuant to this Agreement in close coordination with the Applicant. The Applicant recognizes that the ability of the County to meet the Applicant's desired development schedule is, in part, dependent on the timely receipt of complete documents from the Applicant, and that additional time may be required completing review of all flood alleviation alternatives. 5. Periodic Review. The County and Applicant acknowledge that the implementation of this Agreement may require adjustments in the procedures detailed above. The Parties will meet as necessary to review the stafrmg levels and procedures required for the implementation of this Agreement. It is the Parties' intent that the implementation of this