08 ATTACHMENT 5 - Laserfiche WebLink

with Zone 7's StreamWISE program. The AUTHORITY agrees to cooperate with LIVERMORE in LIVERMORE'S negotiations with Zone 7, and LIVERMORE agrees to provide the AUTHORITY with a final draft of the LIVERMORE/Zone 7 Agreement for the AUTHORITY' S review and comment. 3.5 If LNERMORE enters into a reimbursement agreement with Zone 7, LNERMORE and the AUTHORITY agree to execute an agreement providing for the AUTHORITY'S financial participation in the Livermore Flood Protection Improvements based on the following terms: a. AUTHORITY agrees to pay to LIVERMORE a sum not to exceed $2.4 million, as provided below, as the AUTHORITY'S contribution to the Livermore Flood Protection Improvements. Provided that LIVERMORE is the Constructing Agency, LIVERMORE shall provide AUTHORITY with written notice that it has received one or more responsive bids for the Livermore Flood Protection Improvements. Within 10 working days of LIVERMORE'S written notification to AUTHORITY of its receipt of the bid(s), AUTHORITY shall provide LIVEMORE with written evidence that the funds are allocated and committed for these Improvements. Thereafter, the AUTHORITY shall pay the funds to LIVERMORE within thirty (30) days of LIVERMORE's written notification to AUTHORITY that a contract has been awarded and a notice to proceed issued for the construction of the Livermore Flood Protection Improvements. b. LIVERMORE and AUTHORITY anticipate that LIVERMORE will be reimbursed by Zone 7 for a portion of LIVERMORE'S costs incurred in constructing the Livermore Flood Protection Improvements. As a result, the AUTHORITY'S not-to-exceed $2.4 million contribution to the Livermore Flood Protection Improvements shall consist of two components: the contribution that LIVERMORE agrees will be reimbursed to the AUTHORITY from LIVERMORE as a result of funds received from Zone 7 and the portion of the contribution that will not be reimbursed. c. The non-reimbursable portion of the AUTHORITY'S contribution shall be limited to 50% of the actual cost of that portion of the North Overbank and South Detention Basin that Zone 7 does not reimburse LIVERMORE for, not to exceed a total of $1 million. "Actual cost" shall include the cost of construction, plus apro-rata share of design costs and apro-rata share of any mitigation costs attributable to the North Overbank and South Detention Basin that may be required by other agencies. d. The reimbursable portion of the AUTHORITY'S contribution shall be no greater than $2.4 million less the advanced non-reimbursable portion. For example, if the total project costs are $6.6 million of which $1.2 million is advanced non- reimbursable monies, then AUTHORITY shall pay $600,000 which is non- reimbursable (50% of the non-reimbursable portion of the $1.2 million), plus $1.8 million, which is subject to reimbursement. 6 Cost Sharing Agreement Surplus Property Authority, Livermore and Pleasanton