Agmt17 City of Menlo Park, Town of Atherton, and County of San Mateo MOU Bayfront Canal and Atherton Channel

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communicated to the County. The working committee will update their respective jurisdictions as progress is made to obtain feedback that will form the final design. 5. Payment. Up to $1,000,000 (depending on final cost of PROJECT) of the PROJECT outlined in this MOU will be paid for by the Collaborative. The costs will be allocated based on the contributing percentages of the Cities and the County in the Atherton Channel and Bayfront Canal watershed boundaries. A description of the contribution percentages is outlined in Exhibit A. The Town of Woodside has decided not to participate and the 3.5% (up to $35,000) financial responsibility will be distributed by flow contribution across the Collaborative. The maximum financial contribution for the Town of Atherton has been capped at $165,000. The residual cost resulting from a jurisdictional cap will be distributed by flow percentages to the remaining 111e111VL.1J of the CVLI4UGL 4tlvV. The updated MM l",an nal contribution percentages are as follows: Town of Atherton 16.5% (up to $165,000); City of Redwood City 36.2% (up to $362,000); County of San Mateo 31.3% (up to $313,000); City of Menlo Park 16.0% (up to $160,000), and Town of Woodside 0.0% ($0). The flow contributions may be amended through the term of this MOU pending initial consultant review and review of additional projects in the watershed area that reduce or alter flow contributions. Any modifications to the contributing percentages will require approval of each party in the Collaborative and an Amendment to this MOU. The intent of this MOU is to cover consulting costs for planning, design, environmental permitting and land acquisition. This MOU includes all consultant costs to complete this PROJECT incurred as of the Notice to Proceed to the consultant(s). This Agreement and terms may be amended at a future date to include construction, operations, and maintenance. Any funding opportunities, including but not limited to grants and co-op agreements, that are awarded for planning, design, and environmental permitting throughout the duration of this MOU will be prorated by the same contribution percentage of each Collaborative member at the date of the execution of that funding agreement. This is intended to decrease the overall PROJECT cost to the Collaborative. Grants or additional funding received will be used to first reimburse members of the collaborative that have agreed to absorb residual costs not funded by capped jurisdictions. Any jurisdiction that is capped will not receive grants or additional funding until the residual cost of their cap has been absorbed. Funding opportunities for construction will be assessed in a subsequent Agreement or Agreements. The County will serve as the Project Manager and as such will coordinate with the consultant teams and manage the consultant contracts. The County will invoice the Collaborative for payment to the On -Call Engineering Service Agreements as described in Exhibit A. The Town of Atherton will enter into a separate agreement with the County of San Mateo for a loan to fulfill their financial responsibility to this MOU. Project management support by the County will include invoicing the Collaborative, managing the consultant contracts, and project coordination. Each of the Cities in the Collaborative will be invoiced for the consultant services on a quarterly basis and will remit a check payable to the County of San Mateo within 30 days of the invoice date. A table that illustrates the financial responsibilities of each member of the Collaborative is included in Exhibit A. 3 20171024—Bayfront—MOU—Final