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<br /> Cost Sharing Agreement for 2010 UWMP -Final 5-28-10 <br /> WHEREAS, the Participating Agencies share many water supply characteristics, <br /> including water sources, regional water management agencies, location, climate history, <br /> <br /> and demographics; and <br /> WHEREAS, pursuant to California Water Code section 10620, subdivision (d)(2), <br /> <br /> the Participating Agencies wish to coordinate the preparation of their 2010 UWMPs in <br /> <br /> the interest of reducing preparation costs; and <br /> WHEREAS, the Participating Agencies and MWDOC desire to cooperate with <br /> each other to obtain economies of scale and thereby reduce preparation costs for each <br /> of the Participating Agencies; and <br /> WHEREAS, MWDOC and the Participating Agencies have jointly prepared and <br /> agreed to a Scope of Work that was incorporated into a Request for Proposals that was <br /> sent to a number of competent Consulting Firms, two of which submitted proposals <br /> <br /> which were reviewed by a working group of the Participating Agencies who <br /> recommended selection of Malcolm Pirnie as the successful consultant to prepare <br /> Urban Water Management Plans for the Participating Agencies, and <br /> WHEREAS, MWDOC and its staff are willing to coordinate this process, including <br /> the issuance of a Request for Proposal as described above, the review of proposals <br /> received, the selection of a consultant, the preparation and administration of a <br /> professional services agreement with the selected consultant; and the administration of <br /> the cost sharing provisions of this Agreement; <br /> NOW, THEREFORE, in consideration of the payment of money as set forth <br /> below and the mutual promises of the Parties hereto, it is agreed: <br /> 1. Enaaaement of Consultant and Administration of Consultant Agreement <br /> MWDOC shall award a professional services agreement for the work identified in <br /> the Request for Proposals to Malcolm Pirnie ("Consultant Agreement"). MWDOC <br /> shall use its standard professional services agreement form for the Consultant <br /> Agreement and require appropriate types and limits of insurance coverage. Each <br /> CGL policy shall identify MWDOC, the Participating Agencies, and their directors, <br /> officers, agents, employees, attorneys, consultants and volunteers as additional <br /> insureds, or be endorsed to identify these parties as additional insureds using a <br /> form acceptable to MWDOC. Coverage for additional insureds shall not be <br /> limited to vicarious liability. The Consultant Agreement will require the <br /> consultant's insurer(s) to waive all rights of subrogation against MWDOC, the <br /> Participating Agencies, and their directors, officers, agents, employees, <br /> attorneys, consultants and volunteers. The Consultant Agreement will require <br /> consultant to ensure that its subconsultants, if any, provide similar insurance <br /> coverage. <br /> 2 <br /> <br />