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Agreement No. MA-080-23010376 <br /> <br />Page 3 of 23 <br />Final for Approval <br />law and fact among the Parties; it is the understanding of each Party that, in the performance of this <br />Agreement, as with preceding agreements to which this Agreement is successor, confidential <br />communications protected by the attorney-client privilege and attorney work product doctrine may be <br />disclosed among the Parties through their counsel. Based on the foregoing, the Parties now wish to enter <br />into a common interest agreement to memorialize their mutual understanding that confidential <br />communications are to be kept confidential and protected from disclosure to the fullest extent allowed by <br />law; and <br /> WHEREAS, it is recognized that additional compliance efforts may be necessary and the Parties <br />may choose to fund projects under separate agreements. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the foregoing, the Parties agree as follows: <br /> Section 1. PURPOSE. This Agreement is entered into for the purpose of funding and performing <br />program activities related to the Newport Bay TMDLs, NPDES Permit requirements specific to the <br />Newport Bay watershed, current and future Clean Water Act §303(d) listings in the Newport Bay <br />watershed, and other related matters which may affect NPDES Permit compliance and/or enforcement <br />within the Newport Bay watershed. <br /> Section 2. TERM. The term of this Agreement shall commence upon approval and execution of <br />this Agreement by all Parties, or on July 1, 2023, whichever is later, and shall continue until June 30, 2028. <br /> Section 3. PROGRAM WORK PLAN. The County shall work in concert with all Parties to <br />develop a work plan for the following fiscal year and will provide longer term financial forecasts. The <br />work plan for the upcoming fiscal years shall be submitted to each of the Parties by February 15 of each <br />year. The work plan may designate a Party as a lead other than the County for a work plan task(s), <br />provided that the County obtains the prior written consent of such other Party. <br />Section 4. BUDGET AND COSTS. The budget for the 2023–24 fiscal year, subject to <br />appropriations, is $1,308,854 and is shown in Exhibit A. The County shall work in concert with all the <br />Parties to develop a budget for the following fiscal years. Budgeted amounts for pilot project(s) shall not