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Agreement No. DII -066 <br />Section 1. PURPOSE. This AGREEMENT is entered into for the purpose of funding and <br />performing program activities related to the adopted TMDLs for nutrients, fecal coliform, and toxics and <br />current and future Clean Water Act §303(d) listings in the Newport Bay Watershed. <br />Section 2. TERM. The term of this AGREEMENT shall commence upon approval and execution <br />of this AGREEMENT by all PARTIES or July 1, 2012, whichever is later, and shall continue until June 30, <br />2015. The AGREEMENT may be renewed for an additional three (3) year term running July 1, 2015 to <br />Jane 30, 2018 with approval of the PARTIES. <br />Section 3. PROGRAM WORK PLAN. The COUNTY shall work in concert with all PARTIES to <br />develop a work plan for the following fiscal year. The work plan for the upcoming fiscal year shall be <br />submitted to each of the PARTIES by December 15 of each year. The work plan may designate a PARTY <br />as a lead other than the COUNTY for a work plan task(s). <br />Section 4. BUDGET AND COSTS, The COUNTY shall work in concert with all the PARTIES to <br />develop a budget for the following fiscal year. Budgeted amounts for PILOT PROJECr(S) shall not exceed <br />$200,000 for all pilot projects in any one fiscal year. The budget for the upcoming fiscal year shall be <br />submitted to each of the PARTIES by December 15 of each year, The budget shall contain an explanation <br />of any recommended program changes, an estimate of all planned expenditures and an estimate of the <br />payment required from each PARTY for the following fiscal year. <br />The COUNTY shall be entitled to charge to the program all costs for direct labor, materials, <br />equipment, and outside contract services for costs associated with carrying out the approved scope of <br />work. Recoverable costs will also include an overhead charge. <br />Section 5, WORK PLAN TASK LEAD REIMBURSEMENT. If a PARTY is designated as a task <br />lead, upon written authorization from COUNTY, the PARTY shall invoice the COUNTY for authorized <br />expenses up to the approved budget amount for the work plan task. <br />Section 6. APPROVALS AND ADJUSTJAENTS.'The PARTIES shall be permitted to review and <br />approve the budget and program work plan for the forthcoming year, review work products, and <br />provide direction for performance of the work plan. The PARTIES shall be notified of the intent to issue <br />Page 3 of 22 <br />25D -7 <br />