Draft MOU between DBS and DEP for WTC economic development,

NYC 9/11 Public Portal Document

Agreements

1. Retention of Public Relations Consulting Firm. DBS agrees to execute and deliver to EDC a supplement to the EDC Agreement, under Section thereof, authorizing and directing EDC to select and contract with a public relations consulting firm (the “Consultant”) to perform those services described in Exhibit A attached hereto and made a part hereof (the “Services”), for the benefit of the City. The resulting contract between EDC and the Consultant (the “Consulting Contract”) shall be approved by DBS in writing prior to the execution thereof, which approval a shall not be given without the concurrence of the Commissioner of DEP [do we want this right?]. yiyMix- The Consulting Contract shall include the following provisions: V

(a) Work management. [Do we need to specify who will give direction to the Consultant, who will approve deliverables? Do we care?] zT jUkV , , {- 1)^'

(b) Invoicing. The Consultant shall render invoices Torus fees and disbursements to EDC no more often than once a month, covering Services performed since the date of the last such invoice. Each invoice shall be accompanied by reasonable back-up in a form prescribed by [who?]. Invoices shall he paid promptly by£D£_subject to and in accordance with the terms of the Consulting Contractjand thereafter complete copies thereof, together with related back-up V r^d proof of payment by EDC, shall be delivered by EDC/to DEP (Attention:______), with a J \ copy to DBS (Attention;). / ------------------------ —-—---------------------------------------------- (c) Books and Records: Audit. The Consultant shall make all of its books and records pertaining to the provision of Services available to EDC, DBS and DEP for inspection and copying at any time upon request. EDC, DBS and DEP shall each have the right to audit the Consultant’s provision of Services under the Consulting Contract, and the Consultant agrees to cooperate fully in any such audit.

(d) Cooperation with DEP. The Consultant acknowledges that the City intends to seek reimbursement from FEMA for the Consultant’s fees and disbursements, through DEP, and the Consultant therefore agrees to cooperate fully with DEP in making any such request for reimbursement, including the provision of any additional information relating to the Consultant •J or the Services rendered necessary to process any such request. y .---- P - ---------------- ----- -------- Le^Notice of Expiration or Termination. EDC shall not terminate the Consulting ' Contract except with the approval of DBS, and shall send prompt written notice of the expiration \_ or-tecraination of the Consulting Contract to DEP (Attention:) and DBS (Attention: .)• ~~-------------------------------------------- •—-- ------------------------------------------------------------------- ”

2. Presentation of Invoices to FEMA: Processing of Reimbursement,^Upon receipt of A^copies of invoices to EDC from the Consultant, together with related bac^p and with proof of vj''' \ payment by EDC, DEP shall present such invoices to FEMA for rcimbursciiient. on such form or

V /S forms a,s FEMA shall prescribe. Any reimbursement received-byT5EP shall be endorsed, I i assigned or otherwise paid ov^tt^DC^ith a c.opy-of'pro^f of endorsement, assignment or

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NYC-WTC_000153900