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Item 47 - Shared Services Agreement with the Municipal Water District of Orange County
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06/21/2022 Regular & Special HA
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Item 47 - Shared Services Agreement with the Municipal Water District of Orange County
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Agenda Packet
Agency
Clerk of the Council
Item #
47
Date
6/21/2022
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<br />of its participation that the City deems beneficial. In connection with the foregoing, the City <br />will notify MWDOC in writing by indicating in the WUE Program Notice the level of the <br />City's participation in any WUE Program for each fiscal year ("WUE Participation Notice). <br />1.1.2. If a new WUE Program is introduced or a material amendment is made to an existing WUE <br />Program during a fiscal year, MWDOC shall provide the City with a written notice thereof <br />("Amended WUE Program Notice”) as soon as reasonably possible prior to the date the new <br />program or amendment is scheduled to commence. This Amended WUE Program Notice <br />shall contain the program's specific requirements and terms and conditions and any costs that <br />may be ascertainable at such time. Within thirty (30) days of receiving the Amended WUE <br />Program Notice, the City will notify MWDOC in writing whether the City will participate in <br />the new or amended WUE Program and the level of its participation (“Amended WUE <br />Participation Notice”). <br />1.1.3. Except to the extent of the elections made in the WUE Participation Notice and the <br />Amended WUE Participation Notice, the City shall have no obligation to participate in any <br />WUE Program, including, but not limited to, any obligation to provide financial contribution <br />to such program. <br />1.1.4. The City understands that specific requirements and terms of conditions may apply to each <br />WUE Program that the City chooses to participate in and agreeing to such requirements and <br />terms and conditions is a prerequisite to the City’s participation in such WUE Programs. In <br />connection with the foregoing, MWDOC shall provide the City with all applicable specific <br />requirements and terms and conditions in a WUE Program Notice or Amended WUE <br />Program Notice. <br />1.1.5. The City understands that by entering into this Agreement it agrees to pay MWDOC for its <br />proportionate share of MWDOC’s costs for administering MWDOC’s WUE Program based <br />on and to the extent of the City’s level of participation as more particularly described in <br />Section 1.8. If the City elects to participate in any or all MWDOC WUE Programs, MWDOC <br />will invoice the City for such costs as described in Section 1.8. <br />1.1.6. The City is responsible for monitoring its level of participation in any WUE Program and <br />is responsible for payment of all funding contributions required of the City by the WUE <br />Program as authorized by a WUE Participation Notice or Amended WUE Participation <br />Notice. In connection therewith, MWDOC is not responsible for any of the City’s required <br />payments or funding contributions even if they are above any cost estimate or the City’s <br />budgeted amounts authorized by a WUE Program Notice or Amended WUE Program Notice, <br />except pursuant to the results of an audit by the City under Section 8.3. <br />1.1.7. In the event a WUE Program is terminated early, City is responsible for payment of any <br />funding contributions required by the WUE Program to the extent of applications initiated <br />prior to the effective date of the termination. For purposes of the preceding sentence, an <br />application is deemed initiated when an application has been received by Metropolitan’s <br />MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA <br />2 <br />55401.00001\29553757.1
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