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NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: <br />Purpose <br />1. The Parties shall cooperate to provide the framework to permit the Parties to <br />administer the project construction and maintenance thereafter based on the <br />construction documents prepared consistent with the MOU. Any materiai change <br />to the approved construction documents must be reviewed and approved by each <br />of the Parry's administrators and communicated to the Project Administrator. <br />For purposes of this MOU, a "material change" shall be defined as (1) any change <br />that exceeds ($10,000) ten thousand dollars; (2) any set of related changes that <br />cumulatively exceeds ($50,000) fifty thousand dollars; or (3) any substantial <br />change in the building materials, equipment, specifications, or the approved <br />contract documents of the Project. <br />The primary tasks include but are not limited to providing administrative staffing; <br />acquisition of right-of--way and other appropriate property rights; conducting <br />community outreach meetings; coordinating with vendors and concessionaires, <br />such as the Galbraith Golf Course operator; bidding, award, and administration of <br />construction contracts; inspection of the construction; and planning and <br />implementation of maintenance activities. <br />Funding <br />2. The Project Budget for bidding, constructing and providing project construction <br />administration of the Project (other than those costs specified in Paragraph 3 <br />below)shall be distributed according to the following formula: <br />San Leandro 42% <br />Oakland 42% <br />Port 16% <br />San Leandro and Oakland have approved funding in the amount of $700,210 <br />each, and the Port has approved funding in the amount of $266,747. The contract <br />maximum under this MOU is $1,667,167. If Project costs are projected to exceed <br />this contract maximum, the Parties shall work together to either reduce or modify <br />the scope of the Project to bring Project costs within the budgeted maximum, or <br />obtain additional funds in accordance with the above stated formula. No Party <br />shall be liable for more than the funding amounts specified in this paragraph <br />without approval by their respective governing bodies and written amendment of <br />this MOU. <br />3. A budget for Project construction (the "Budget") is attached to this MOU as <br />Exhibit B. The following costs not included in the Budget shall be the <br />responsibility of the Parties as follows: <br />Page 2 of 8 <br />