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4 <br /> NOW, THEREFORE, in consideration of the premises, the mutual promises <br /> contained herein, and other good and valuable consideration, the receipt and sufficiency <br /> of which are hereby expressly acknowledged, the District and City agree as follows: <br /> 1. PURPOSE <br /> This Agreement establishes the terms and conditions under which the District shall <br /> operate the CPS. The Agency constructed the CPS and is responsible for all operations, <br /> maintenance, and repair of the CPS. The District, as the lead administrator of the Agency <br /> and operator of the CPS, shall act on behalf of the Agency during the term of this <br /> Agreement. <br /> 2. PUMP STATION OPERATION <br /> Throughout the term of this Agreement the District shall provide qualified <br /> personnel, experienced in pump station operation, to operate the CPS on behalf of the <br /> Agency. For the purpose of this Agreement, the term operation shall mean "any <br /> operational change of any pump within the CPS." <br /> 3. OPERATING RESPONSIBILITIES OF PARTIES <br /> A. The District shall submit an Operations Protocol to the City for its review <br /> and acceptance. All CPS operations shall conform to the accepted <br /> Operation Protocol. <br /> B. With respect to the CPS, the parties shall have the following operating <br /> responsibilities: <br /> 1)- - . The District shall operate and be responsible for the operation of the <br /> CPS and notifying the City of proposed pumping changes as <br /> follows: <br /> a) During low and average demand periods, October 1 <br /> through April 30, the District shall provide the City with a <br /> minimum of two (2) hours advance oral or written notice of <br /> any proposed pumping change that will result in a flow rate <br /> change (increase or decrease)greater than three (3) million <br /> gallons per day (MGD) and less than nine (9) MGD. The <br /> District shall also be responsible for notifying the City <br /> immediately after the pumping or flow rate change has been <br /> implemented. <br /> b) During low and average demand periods, October 1 <br /> through April 30, when a pumping or flow rate change <br /> greater than nine (9) MGD is requested, the District shall <br /> 2 29 <br />