AgdaPkt 2020-12-07 Amended Joint SA PFA

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S.A. - Page 3 of 29 Agreement would extend the deadline to submit eligible costs for reimbursement by an additional year to December 31, 2021. The LPS Agreement has a matching requirement of $890,600 from the City. Amendment No. 2 of the LPS Agreement would allow the design costs to be counted toward the City's matching requirement. Design costs were previously incurred for the project as part of the initial Memorandum of Understanding, This amendment to the LPS Agreement would retain the total reimbursable cost limit of $1,238,000 for the grant. Memorandum of Understanding (MOU) A new MOU has been developed among Redwood City, Menlo Park, Atherton, San Mateo County and the new Flood and Sea Level Rise Resiliency District (FSLRRD) to address project pre -construction, construction, and post -construction responsibilities and funding obligations through a five-year period following the completion of construction. The estimated cost of the activities funded by the MOU is anticipated to be $8,590,000. This amount is partially offset by the $1,135,000 grant contribution, but the remaining $7,455,000 will need to be shared among the collaborative. As the MOU relies on funding from the grant, the MOU is subject to the terms of the LPS Agreement. The principal terms of the MOU include the following: • Identifies the purpose as establishing terms and conditions for the sharing of costs and responsibilities related to completing final design, environmental clearance, securing all permits and property rights, completing construction and, for five years, conducting operations and maintenance (O&M) of new facilities, and monitoring, maintaining and reporting on mitigation sites; • Establishes an effective term that expires five years after the completion of construction; • Establishes that FSLRRD will serve as the project's lead agency under California Environmental Quality Act (CEQA) and serve as the contracting and managing agency for all work funded by the MOU; • Establishes that the City will manage, on behalf of the other parties in the MOU, the O&M of the new facilities for five -years with costs reimbursed by the parties (see Fiscal Impact); • Establishes that any excess funds following completion of Project construction shall be applied toward future O&M and mitigation responsibilities beyond the term of the MOU; • Establishes that any increase in construction costs shall be allocated amongst agencies based on a meet and confer process and good faith negotiations; • Establishes that the parties will meet and confer with FSLRRD regarding future maintenance including funding, if necessary; • Establishes that all parties in the MOU have a right to withdraw from the MOU, however, withdrawal from the MOU does not relieve parties of their financial commitment made as part of the MOU; • Establishes that FSLRRD will own the project improvements; Page 3 of 5 City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.org 11