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

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2. Term of MOU and Termination. This MOU is effective upon the day and date last signed and executed by the duly authorized representatives of the Collaborative to this MOU and the governing bodies of the Collaborative's respective jurisdictions and shall remain in full force and effect until the completion of the PROJECT, until December 31, 2019. This MOU includes all consultant costs to complete this PROJECT incurred as of the Notice to Proceed to the consultant(s) executed on or after October 4, 2017. This MOU may be terminated, without cause, by any of the parties in the Collaborative upon 60 days written notice to all members of the Collaborative. If a party terminates the MOU, they will be responsible for their share of the cost of work performed up to the effective date of the termination. At the conclusion of the 60 days, the remaining Collaborative parties will stop work temporarily to address this change and may continue the PROJECT if agreed upon through an amendment to the MOU. A ilnai invoice will be sent t0 al! Collaborative parities rvr costs incurred through the teIrir Of be MOU. All members in the Collaborative will have 30 days from the date of the final invoice to remit payment for services to the County. 3. Authorizations. The City Managers of the City of Redwood City, the City of Menlo Park, and the Town of Atherton are authorized to approve extensions to the term of this MOU, to modify due dates, to resolve conflicts, or otherwise grant approvals on behalf of the Cities, provided such approvals are not vested in the authority of the Cities' Council, and provided that any approval requiring payment of funds in excess of appropriated funds shall require Cities' Council approval of the appropriations of those funds. The San Mateo County Manager, serving as the County Board of Supervisors' designee, is authorized to approve extensions to the term of this MOU, to modify due dates, to resolve conflicts, or otherwise grant approvals on behalf of the County, provided that any approval requiring payment of funds in excess of appropriated funds requires the County Board of Supervisors' approval of the appropriation of those funds. 4. Responsibilities of the Collaborative. The County will serve as the lead and contracting agency for the PROJECT's design and environmental consultants. Consultants will be selected from the County's On -Call Engineering Service Agreements by a Collaborative Selection Committee. The County will manage the day to day work of the consultants as it relates to the objectives of the PROJECT, handle official communications regarding the contract, and reimburse the consultants under contract with the County for the work performed. Temporary and permanent land and easement negotiations with Caltrans, Cargill, West Bay Sanitary District, and other organizations will be facilitated by the County. The County of San Mateo Real Property Services will provide support for right of way acquisition services and real property expertise if the Collaborative needs these services. Each jurisdiction may be party to negotiating and securing easements or access for construction activities within their jurisdiction, and will be responsible for purchasing these easements, with the cost to be borne by the Collaborative. Land rights resulting from legal transfer and holding of easements will belong to the jurisdiction in which the land exists. A designated staff member from each parry in the Collaborative will participate in a working committee to ensure that the PROJECT direction and guidance needed from the Collaborative is 2 20171024 Bayfront_MOU_Final