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Cost Sharing Agreement for 20'10 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 />and demographics; and <br />WHEREAS, pursuant to California Water Code section 10620, subdivision (d)(2), <br />the Participating Agencies wish to coordinate the preparation of their 201 O UWMPs in <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 />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 . EnoaAement 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 />Z Page 2 of 32