Agmt13 Western Municipal Water District MOU for Free Sprinkler Nozzles Program

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invoice as determined by Western under the FreeSprinklerNozzles.com Program. 7. Additionally, Western will, on a monthly basis, prepare a fully documented invoice, for the amounts due as set forth above, transmitting directly to REDWOOD CITY, stating the amount due for the number of water-efficient landscape irrigation replacement nozzles processed during the previous period, that were distributed by way of the voucher program within the REDWOOD CITY service area. REDWOOD CITY shall pay each invoice within thirty (30) days from the date of the applicable invoice. 8. REDWOOD CITY will have the responsibility to audit and verify the installation of the water-efficient landscape irrigation replacement nozzles provided by the FreeSprinklerNozzles.com Program, within its respective service areas, including for member agencies (local urban water suppliers), if applicable. REDWOOD CITY shall be solely responsible, at its sole cost and expense, to enter into the applicable arrangements, and take any action which may be required, in order to enforce the requirements of its member agencies as set forth herein. 9. REDWOOD CITY has an approved budget, not-to-exceed $19,500 (for 6.000 nozzles installed) to support the implementation of the FreeSprinklerNozzles.com Program within the REDWOOD CITY service area. Notwithstanding the foregoing, REDWOOD CITY shall be obligated to make payments to Western, as set forth herein, regardless of whether, and to what extent, budgeted funds may be available. 10. REDWOOD CITY will coordinate and participate in the overall administrative oversight of, and foster the multiple-agency participation in, the FreeSprinklerNozzles.com Program within the REDWOOD CITY service area as applicable. 11. The term of this MOU shall extend from the date of full execution until June 30, 2014. This Agreement shall remain in effect during the term unless earlier terminated under the following procedures: (a) If either party to this MOU believes that the other party has failed to perform any obligation of that party in accordance with the terms of this MOU ("Default"), the party alleging the Default shall provide written notice ("Default Notice") to the other party, setting forth the nature of the alleged Default. Unless otherwise provided by a specific term of this MOU, the party claimed to be in Default shall have (i) with respect to a Default involving the payment of money, ten (10) days after its receipt of the Default Notice to completely cure such Default, and (ii) REV: 10-14-13 MLG Page 3 of 5 ATTY/AGR.2013.149/Western Municipal Water District—FreeSprinklerNoz2els.com