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<br />. <br /> <br />AGREEMENT NO. 66657 <br /> <br />FY 2005-15 <br /> <br />THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA'S <br />COMMERCIAL/INDUSTRIAL/INSTITUTIONAL WATER CONSERVATION ITEM <br />FUNDING AGREEMENT <br /> <br />BETWEEN <br /> <br />THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA <br /> <br />AND <br /> <br />CITY OF SANTA ANA <br /> <br />THIS AGREEMENT (Agreement) is made and entered into as ofJanuary 1, 2005 by and <br />between The Metropolitan Water District of Southern California (Metropolitan) and City of <br />Santa Ana, a member public agency of Metropolitan, hereinafter referred to as Member Agency. <br />Metropolitan and Member Agency may be collectively referred to as "Parties" and individually <br />as "Party". <br /> <br />Recitals <br /> <br />A. Pursuant to Board Letter 9-1, dated January 13, 2004, Metropolitan adopted a long-term <br />regional Commercial/Industrial/Institutional (CII) conservation retrofit program <br />(Program). Under the Program, Metropolitan entered into an agreement with a Vendor to <br />provide centralized marketing and incentive administration to its Member Agencies' end <br />use CII customers. The Program also provides an option for Member Agency to <br />implement retrofits on their own without Metropolitan's Vendor. <br /> <br />B. Under the Program, Metropolitan has established fixed-rate incentives for a number of <br />water-conservation retrofits implemented by commercial, industrial and institutional <br />users of municipal water supplies within Metropolitan's service area. Metropolitan <br />expects to establish incentives in the future for additional water conservation retrofits and <br />may also change existing funding rates. Metropolitan has fiscal responsibility to manage <br />its budget, and hence may limit availability of funds or the number of items that qualify <br />for funding. <br /> <br />C. At its sole discretion, Member Agency can also choose to supplement Metropolitan's <br />incentives. <br /> <br />City of Santa Ana <br /> <br />-2- <br /> <br />Agreement No. 66657 <br />