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2. Selection and Management. The City shall select the Consultant to perform the <br /> Study and then manage the Study in cooperation with the District. <br /> Should the results of the Study be satisfactory to both parties, the parties may jointly <br /> pursue the design and the construction of the project according to a separate agreement : <br /> 3. Project Scope and Funding.The Scope of Work for-the Study shall include three <br /> task areas: 1) Common tasks, that is, elements of the Study that apply to both the City's and the <br /> District's facilities; 2) City Tasks, that is, elements of the Study that apply only to the City's <br /> facilities; and 3) District Tasks, that is, elements of the Study that apply only to the District's <br /> facilities. The District shall be responsible for one-half(%) of the costs billed to Common Tasks <br /> and solely responsible for the costs billed to District Tasks. The City will invoice the District for <br /> its share of the Study costs based on the actual cost of the Study. Payments billed to and made <br /> by the District to the City for the Study shall not exceed $50,000 without prior written approval <br /> by the District. <br /> 4. Financial Administration. During the Study, the City will invoice the District <br /> for its share of the costs. The District shall pay the City within thirty (30) days of receipt of the <br /> invoice(s) described above. Neither the City nor the District shall charge the other for any <br /> engineering design or administrative support services provided by their employees or other staff <br /> during the study phase of the Project. <br /> 5. Audits And Inspections. The records and documents with respect to all matters <br /> covered by this Memorandum of Agreement shall be subject to inspection, review or audit by the <br /> City or the District during the term of this Memorandum of Agreement and for three (3) years <br /> after its termination. <br /> 6. No Third Party Rights. Nothing contained herein is intended to, nor shall be <br /> construed to, create any rights in any party not a signatory to this Memorandum of Agreement, or <br /> to form the basis for any liability on the part of the City or the District, or their officials, <br /> employees, agents or representatives, to any party not a signatory to this Memorandum of <br /> Agreement. <br /> S:UMcCLELL\UT-3138_EvERGREEN_WY_PS\030210-DI AFr_EWPS_MOA 1-CLEAN.DOC <br /> PAGE 2 OF 3 <br /> 4 4 <br />