The URL can be used to link to this page

Home My WebLink AboutMUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC)0 FIFERS D I RE c,rO R S s,rANLEY E. SPRAGUE KENNETH H, WIT T G E N ER 711, MAN A G E. RA I REA 5 URER P R Lis I D ENT MUNICIPAL ER H.E. "BILL." HARTGE ISTRICT CATHLEEN M. HARRIS VICE PRI,'b DENT ,3ECRETAIRY WAYNE A. CLARK F % RANGIE RUSSELL G. BEI"MENS WILLIAM DAVENPORT ATrcwwr,r OUNTY ROBERT J. HUNTLEY F.G. BOX 20895 - 10500 ELI-IS AVENUE - FoujqTAIN VALLEY, CALIFORNIA 92728 - ('714) 963-3058 - FAX (714) 964-9389 July 2, 1998 Mr. Thom Coughran Water Resources Manager City of Santa Ana, 220-A S. Daisy Avenue Santa Ana, CA 92703 Dear Mr. Coughran: l06%0[0 lh'6:) K MAY VTOCEEI) C H M 0F 0HICH. Letter Agreement for Participation in the Ultra -Low Flush Toilet Multi -Family Distribution Project When signed by both parties, this letter will serve as an agreement ("Agreement") between the Municipal Water District of Orange County ("MWDOC") and the City of Santa Ana ("CITY'). This Agreement outlines the CITY's participation in an Ultra -low flush ("ULF") toilet distribution project ("Project"), funded by the Metropolitan Water District of Southern California ('MWD") and MVVDOC with additional funding provided by the United States Bureau of Reclamation ('USBW'), under a grant agreement with D. MWD's funding is provided through the Conservation Credits Program at a fixed rate of $60.00 per ULF toilet. The Conservation Credits Program is designed to assist member and sub -agencies in conserving water supplies. Project Description The Project's underlying objective as outlined in Exhibit A - Scope of Work is to achieve reduced water consumption by replacing 17,015 existing non-ULF toilets with ULF toilets by September 30, 1998. CITY's participation will extend to a minimum of 1,500 of the ULF toilets within the multi -family residential property ('MFRP") sector in the CITY's service area. Under guidance from MWDOC, a consultant shall be responsible for the assigned area and shall be responsible for marketing the Project, procurement of the agreed upon ULF toilets, distribution of the ULF toilets, and installation to qualified MFRP participants (Exhibit A). MWDOC has elected to participate in MVD's residential ULF toilet program. 1VIW-D's contribution is fixed at $60 per ULF toilet and requires a 98% confirmed installation rate (Exhibit A). MWDOC intends to distribute 17,015 ULF toilets within all of Orange County MEMBER AGENCY OF THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALAFORNIIA by September 30, 1998. CITY will contribute to the cost of the distribution of a minimum 1,500 ULF, toilets within the CITY's service area. Only non-1ULF toilets (using 3.5 gallons per flush or greater) are eligible for replacement with a ULF toilet under this Project. In addition, MWDOC through a selected contractor, shall make available for sale to participating NURP's value added items at -d-ie listed agreed upon cost. Value added items shall include, but not be limited to the following: • Showerheads @ $6; • Aerators @ $2.50 • 'Upgrades on ULF toilet wood seats; Round Seat @ $6, Elongated Seat @ $10; • Elongated Bowls @ $20-3 • Round Bowls 10" @ $20; • Other. M This Agreement will be effective on the date of the last acquired signature to the Agreement. MWDOC will begin work on the Project in April and will complete all work and report all final reporting verification to MWD and the CITY by October 30, 1998, or when 1,500 ULF toilets have been distributed in the CITY's service area, whichever occurs first (Exhibit A). Due to the term of MWD's and USBR's Agreement, an extension of the Project beyond September 30, 1998 Is not possible. Agreement Administrator Mr. Joe Berg is appointed Agreement Administrator for MWDOC for the purpose of administering this Agreement and making any decisions in connection therewith on behalf of MWDOC. Ms. Nancy Bailey is designated as Agreement Administrator on behalf of CITY and will coordinate with MWDOC in carrying out this Agreement. The designated Agreement Administrator may be changed by providing written notice to the other party. The total cost of the Project is estimated to be $1,471,975 based on an estimated $86.51 per ULF toilet replaced (Exhibit A). MWD's contribution is $60.00 per ULF toilet replaced, or a maximum of $1,020,900. USER has agreed, by separate agreement with AMD, to provide funding of $16.63 per ULF toilet replaced, up to $283,000 based on the replacement of 17,015 toilets. MWDOC and the CITY will contribute the balance of $168,080. MWDOC shall be responsible for any Project costs exceeding the $86.51 per toilet. For the purposes of the MFRP Project in the CITY's service area, a maximum funding level of $7,000 shall be enforced (Exhibit A). This funding level represents a contribution paid by the K MUNICIPAL WATER DISTRICT" OF ORANGE COUNTY CITY for 1,500 ULF toilets or $4.67 per ULF toilet to be distributed and installed within the CITY's service area as described in this Agreement. Said contribution shall be paid to MWDOC upon commencement of the Project. If the total number of ULF toilets distributed and installed by September 30, 1998 is less than the 1,500 ULF toilets as detennined either by the participation rate or by the verification procedure indicating a less than 98% installation rate, then I will reimburse the CITY at Project end, at the rate of $4.67 for each ULF toilet of the agreed upon 1,500 not distributed and installed in the CITY's service area. MWD requires monthly reporting for the Project. Additionally, for USBR reporting compliance, MWDOC will be responsible for providing MWD with a Project report and, if' applicable, an interim report. M7NDOC will provide copies of the required reports to the CITY at the same time that they are Submitted to MWD MWDOC shall provide all necessary services and materials for the Project (Exhibit A). All materials and supplies necessary to implement the Project shall be the exclusive property of MWDOC. The CITY has no ownership, right, title, security interest, or other interest in any Project facilities, materials or supplies, nor any rights, duties, or responsibilities, for operation or maintenance thereof. NFWDOC agrees that it shall obtain from the Project participants a product release form delegating ownership rights, title and security interest to the Project customer. The product release form requires the owner/manager to release, MWDOC, MWD, USBR and the CITY from any obligations, warranties, or liabilities in connection with the materials, supplies and installation. As lead agency for the Project, MVVDOC is responsible for assuring that, the Project complies with the California Environmental Quality .Act. MWDOC and the CITY each agree that it is responsible for its own actions under this Agreement and agrees to indemnify and hold the other party and its officers and agents harmless, and agrees to defend the other party against any claim or asserted liability arising out of its actions, either willful or negligent, or its actions in implementing the PrCtiza. Such indemnity will include any losses relating to any claim made whether or not a court action is filed, and will include attorney fees and administrative and overhead costs related to arising out of such claim or asserted liability. Audit and Records MWDOC, the CITY, and their authorized representatives agree to provide data and information as required by the other parties to implement the Project and evaluate Project implementation, costs, and water savings, NIWDOC and the CITY will make available for inspection to other parties upon reasonable advance notice, all records, books, computer files, and other documents relating to Project. 3 MUNICIPAL WATER DISTRICT OF ORANGE COUNTY Agreement Provisions Any alteration or variation of the terms of this Agreement must be in writing and signed by all parties. This Agreement will inure to the benefit of, and be binding upon, MWDOC. the CITY, and their respective successors. This Agreement is not assignable by any party in whole or in part. The partial or total invalidity of one or more parts of this Agreement will not affect the intent of or validity of this Agreement. This Agreement will be deemed a contract tinder the laws of` the State of California, and for all purposes will be interpreted in accordance with such laws. M1.VDOC and the CITE' hereby agree and consent to the exclusive jurisdiction of the courts of the State of California, and that the venue of any action brought hereunder will be in Orange County, California. MWDOC has fully executed two originals of this Agreement. If the terms are acceptable to the CITY, please have both originals executed on behalf of the CITY and return on fully executed original to MWDOC . You may retain the other original for your records. City of Santa Ana, a municipal corporation of the Stat orma MMayor By rul M:i 2 —�uj P i�d4, APPROVED AS TO FORM: B y "v" e, Joseph W. Fletcher, City Attorney ATTES By , - i e C. (Guy, Cler oft e Cou?llf- mzs��= Lm B es G. Ross, Exec. avid N, Ream, City Manager lic Works Agency M Very truly yours, Municipal Water District of Orange County By_ Stanley E. Sprague, General manager J et Morningstaf, , Legal Cow el MUNICIPAL WATER DisTRICT OF ORANGE COUNTY