Agmt09 San Carlos, City of - Laserfiche WebLink

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WHEREAS, time is of the essence for completion of the San Carlos Levee Project before FEMA's deadline and the Parties agree diligently to pursue their respective duties and obligations hereunder; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The foregoing recitals are incorporated herein as true statements of fact. 2. The Parties agree that San Carlos shall act as the Lead Agency under the California Environmental Quality Act ("CEQA;" Pub. Res. C. 921000, et seq.) for the San Carlos Levee Project. Redwood City shall be responsible for the Project design, preparation of plans, specifications and related documents therefor and for the construction thereof, including administration and inspection. 3. San Carlos shall apply for all permits, any other entitlements and amendments to prior permits/entitlements (collectively, "Permits") from the Regulatory Agencies for construction of the San Carlos Levee Project. Redwood City shall cooperate with and assist San Carlos in obtaining Permits for the San Carlos Levee Project. If required by the Regulatory Agencies, Redwood City shall act as a co-applicant for the Permits. 4. Redwood City shall assist San Carlos in the preparation of the Levee Certification submittal to FEMA. San Carlos shall be responsible to certify the Levee for full accreditation from FEMA. 5. The Parties acknowledge and agree that the total amount to be reimbursed to Redwood City by San Carlos shall be determined from the actual expenditures incurred for the design, construction, permitting, and certification preparation of the San Carlos Levee Project. 6. Redwood City shall submit to San Carlos an invoice for the amount to be reimbursed from San Carlos to Redwood City for the San Carlos Levee Project. The amount to be reimbursed from San Carlos to Redwood City shall be the total of all payments made to consultants for work completed by consultants and payments made to contractors for all work completed by contractors for the San Carlos Levee Project portion of the Project. Redwood City shall provide sufficient evidence that the amounts by consultants and contractors have been paid and that the invoiced amount is for the portion of the Project attributable to the San Carlos Levee Project; said evidence may include approved invoices, description of work or cancelled checks. The San Carlos representative will review the invoice from Redwood City. Upon approval by the San Carlos representative, San Carlos shall pay Redwood City the amount invoiced. San Carlos' reimbursement shall be due and payable within 60 days after receipt of an invoice from Redwood City. However, in no event shall payment from San Carlos be due prior to March 31, 2010 or prior to the formation of an assessment district within the City of San Carlos to provide capital and maintenance funding for the San Carlos Levee Project, whichever occurs latest in time. Exhibit B 2