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• Data will be reported to the WWTP/State of Colorado as viral copies per liter. Trends in the data over time will also be reported. Participating Wastewater Facilities The Wastewater Facilities listed in Section 3 will complete the following efforts: • Sample their wastewater influent or potentially at upstream locations in their collection system based on direction from the Department in coordination with Local Public Health Agencies and based on the Collaboration Work Plan. • Sample their wastewater at least two days per week (Mondays and Thursdays) per the Collaborative Work Plan. There will be a phase in of sample frequency with 3 weeks of sampling one time per week vs. two. • Sampling will be conducted for 52 weeks. • Samples will be shipped to the designated laboratory on the same day as the sample is complete. • Furnish GIS layer of catchment area to CSU in support of dashboard development. Section 5 Special Provisions The following details special provisions of the MOU. Nonbinding Agreement The parties agree that this MOU is to memorialize the intent of the parties regarding the Program but does not create a legal agreement between the parties. It is agreed by the parties that nothing in this MOU will be deemed or construed as creating a joint venture, trust, partnership, or any other legal relationship among the parties. This MOU is for the benefit of the parties and does not create third party rights. Communications Any communications affecting the operations covered by this agreement given by the Department, Metropolitan State University of Denver, Colorado State University, or Wastewater Utilities is sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: • To the Department, Metropolitan State University of Denver, or Colorado State University at the address specified in the MOU. • To Wastewater Utilities, at Party's address shown in the MOU or such other address designated within the MOU. • All communications with the media will be coordinated with CDPHE prior to issuance of press releases and interviews Access to records and data flow • Nothing in the agreement shall be deemed to waive or modify any public access or provision of the Colorado Open Records Act. • All data related to the project will be provided to the Department including, but not limited to, sample locations, frequencies, collection methods, analysis methods, results, and any analysis statistics. Laboratory results will also be made available to the wastewater entity that generated the samples. Results will also be made available to all MOU parties. Page 4