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6.B. - Page 37 of 39 ATTACHMENT A AGREEMENT BETWEEN SILICON VALLEY CLEAN WATER AND KENNEDY/JENKS CONSULTANTS, INC REGARDING POTABLE REUSE EXPLORATORY PLAN PHASE 3 FEASIBILITY STUDY RECITALS WHEREAS, the Bay Area Water Supply and Conservation Agency ("BAWSCA"), California Water Service Company ("Cal Water"), City of Redwood City ("Redwood City"), City of San Mateo ("San Mateo"), City & County of San Francisco acting by and through its Public Utilities Commission ("San Francisco" or "SFPUC"), and Silicon Valley Clean Water, a Joint Powers Authority ("SVCW"), referred to collectively herein as the "Parties" and individually as a "Party," have worked collaboratively since 2016 under an agreement, dated November 3, 2016, which was subsequently amended in April 2018 and expired in April 2020, to develop a coordinated plan for potable reuse in the San Francisco Bay Region, known as the Potable Reuse Exploratory Plan ("PREP"), through the PREP Phase 1 Initial Study and PREP Phase 2 Concept Study; and 2. WHEREAS, the Parties recognize an additional study is needed to establish the feasibility of the PREP ("PREP Phase 3 Feasibility Study") and have developed and approved a scope of work for the study to be performed by a consultant, which is attached hereto and incorporated herein as Attachment 1 ("Scope of Work"); and 3. WHEREAS, the Parties propose to enter into an agreement to define the roles and responsibilities of the Parties for the study and share the costs of hiring a consultant to perform the Scope of Work ("PREP Phase 3 Feasibility Study Agreement"); and 4. WHEREAS, under the PREP Phase 3 Feasibility Study Agreement, SVCW is designated by all Parties as the entity to retain the consultant to perform the Scope of Work and to administer and manage the contract with the consultant; and 5. WHEREAS the PREP Phase 3 Feasibility Study Agreement sets forth certain requirements for SVCW's contract with the consultant and the consultant's performance of the Scope of Work with respect to third -party beneficiaries, indemnification, and insurance; and 6. WHEREAS, SVCW and Kennedy/Jenks Consultants, Inc have a Master Agreement for Professional Services, dated August 14, 2008 ("Master Agreement"); and 7. WHEREAS, SVCW proposes to obtain the services of Kennedy/Jenks Consultants, Inc for the PREP Phase 3 Feasibility Study Scope of Work through a task order under the Master Agreement; and 8. WHEREAS, Notwithstanding the terms of the Master Agreement, SVCW and Kennedy/Jenks Consultants, Inc desire to enter into this agreement to set forth the terms for third -party beneficiaries, Page 15 ATTY/AGR.2020.216/MOA- SVCW, SFPUC, BAWSCA, Cal -Water, City of San Mateo (Page 34 of 36)