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October 2008 <br />• The Operating Committee remains responsible for agreeing on an Annual Operating Plan, <br />pursuant to which OCWD directs locations for storage and extraction to further its <br />management objectives in the Basin. <br />• Storage and extraction can be accomplished by any overlying Metropolitan member agency <br />subject to this Agreement, i.e. MWDOC, Santa Ana, or Anaheim, but MWDOC shall be <br />responsible for coordinating all certifications for storage and extraction. <br />• When Metropolitan calls for extraction from the Metropolitan Storage Account (Stored Water <br />Delivery), Metropolitan shall send its water invoice to the participating member agency <br />(MWDOC, Anaheim, Santa Ana) making the extraction based on the extraction certifications <br />submitted. The water invoice for Stored Water Delivery will have one set of credits (O&M <br />and electrical power) for each Metropolitan member agency (MWDOC, Anaheim, Santa <br />Ana). <br />• If there is a penalty for non-performance pursuant to Agreement section XIII(B), the penalty <br />invoice shall be sent by Metropolitan to MWDOC. MWDOC shall pay the penalty invoice <br />and forward it to OCWD for reimbursement. OCWD shall distribute the penalty to the non- <br />performing Operating Party(ies), collect the funds, and reimburse MWDOC for its payment <br />to Metropolitan. <br />D. By signing this Third Amendment, Anaheim and Santa Ana, which participate in the Program <br />pursuant to separate Contracts Regarding the Implementation of MWD Long-Term Groundwater <br />Storage Program, agree to process certifications and billings under the Agreement as set forth in <br />this Third Amendment. <br />NOW THEREFORE, it is mutually agreed that the following changes are hereby made to the <br />Agreement: <br />In the Agreement, the term "Member Agency" refers solely to MWDOC and the term "Operating <br />Parties" includes Anaheim and Santa Ana. <br />1. Section VI. OPERATING COMMITTEE subsection B. Program Agency Obligations, <br />paragraph 6 is revised to read: <br />6. Program Agency (OCWD) shall be responsible for prompt payment to Member Agency <br />(MWDOC) to reimburse Member Agency for any Nonperformance Penalty assessed <br />MWDOC by Metropolitan pursuant to Section XIII(B). <br />2. Section VI. OPERATING COMMITTEE subsection C. Member Agency Obligations is revised <br />to read: <br />MWDOC hereby agrees to: <br />1. Process all performance certifications for storage and extraction in accordance with <br />Exhibits F and G. Coordinate all certifications for storage and extraction accomplished <br />by MWDOC, Anaheim and/or Santa Ana. MWDOC to process all certifications and to <br />receive and pay the Metropolitan water invoice for storage and/or extraction <br />accomplished for the Program by any non-Operating Party that is asub-agency of <br />MWDOC. <br />2. Receive and pay the Metropolitan water bill for all Stored Water Deliveries under this <br />program, except Stored Water Deliveries to Anaheim or Santa Ana, in accordance with <br />Metropolitan Administrative Code Section 4507. Metropolitan shall send its monthly <br />water invoice for any Stored Water Delivery for Anaheim or Santa Ana directly to <br />Anaheim or Santa Ana. <br />2 <br />