Item 18 - Agreement with the Municipal Water District of Orange County for Shared Programs

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55401.00000\43832934.1 Page 10 of 14 to educate, network, provide training and when required advocate for water and wastewater agencies. WEROC staff works with its member agencies and the City on emergency plans and standard operating procedure development, review of state and federal required trainings for grant eligibility, disaster readiness, disaster exercise development, grant identification and applications, and response and recovery coordination. WEROC provides information sharing and resource coordination when disasters impact the water and wastewater utilities of Orange County. Lastly, WEROC staff maintains a primary emergency operation center and alternate emergency operations center, its own response plans, and ensures the WEROC radio communications system partnership with the County 800 MHz system remains intact. 5.1.2 By executing this Agreement, the City elects to participate in WEROC, and MWDOC will charge the City a percentage of WEROC's annual budget to fund WEROC operations. The historical percentage allocated is 3.8% and is based on historical negotiations among the WEROC funding partners. In January of each year of the City's participation, the proposed program budget and funding agency charges will be submitted to the City for budgetary consideration. If approved by the City, MWDOC will invoice the City the approved amount at the beginning of the fiscal year. If the City requires additional conversation about the proposed budget prior to approval, these items will be addressed at the next MET Managers Meetings or during a special scheduled meeting. 6. Term and Agreement Limit 6.1 This Agreement shall commence and be effective as of the Effective Date and shall continue for one three-year term (“Term”), unless terminated earlier in accordance with Section 6.3, below. The City Manager or his or her designee is authorized, on behalf of the City, to approve the Term. The Term of this Agreement may be extended for up to two (2), one-year periods upon a writing executed by the City Manager and City Attorney. 6.2 The City's total funding obligation for this Agreement shall not exceed $1,500,000.000("Agreement Limit") for all programs and services covered herein during the Term. The City is responsible for monitoring its costs pursuant to this Agreement and to the extent that it incurs obligations consistent with this Agreement that exceed the Agreement Limit, the City is responsible for paying such additional costs to MWDOC. If the City wishes to add or delete any programs, activities, or studies set forth in this Agreement, notice of such additions or deletions must be received by MWDOC prior to March 15th for the following fiscal year. 6.3 The City or MWDOC may terminate this Agreement in its entirety at any time upon thirty (30) days' written notice to the other Party. 6.4 In the event either Party terminates this Agreement, any funds paid by the City in the year of termination for costs that had not yet been incurred by MWDOC as of the date of termination will be subject to reconciliation during MWDOC's budget process. At that time, MWDOC will determine whether the funds will be credited or refunded to the City. Further, any costs incurred by MWDOC as of the date of termination that have not yet been invoiced to the City shall be invoiced by MWDOC promptly and paid by the City within thirty (30) days of invoice receipt. "!#