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HomeMy WebLinkAboutMUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) - 2006 I~SURA~CE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL ll^TE: /-';3-07; O:PlIIA/Wa.1er(.)(1.0h) AGREEMENT FOR SHARING ADMINISTRATION COSTS FOR IMPLEMENTATION OF ULTRA LOW FLOW TOILET, HIGH EFFICIENCY TOILET AND HIGH EFFICIENCY CLOTHES WASHER REBATE PROGRAM N-2006-124 THIS AGREEMENT for sharing administration costs ("Agreement") is made and entered into as of July 1, 2006, by and between the CITY OF SANTA ANA ("City") and the MUNICIPAL WATER DESTRICT OF ORANGE COUNTY ("MWDOC"). The City and MWDOC are also collectively referred to herein as "Parties". RECITALS WHEREAS, MWDOC has developed and is implementing a program for achieving water conservation by offering rebates to encourage replacement of high water consumption toilet fixtures and clothes washers in single-and multi-family residences with ultra low flow toilets, high efficiency toilets and high efficiency clothes washers ("Program"); and WHEREAS, MWDOC, through its Water Use Efficiency Department, encourages participation in the Program by eligible cities and public agencies throughout Orange County; and WHEREAS, MWDOC has contracted with Honeywell International, Inc. ("Honeywell") to administer the Program for an administration fee based on a per-rebate amount, as set forth in a separate agreement between MWDOC and Honeywell ("Honeywell Agreement"); and WHEREAS, effective July 1, 2006, the administration fee in the Honeywell Agreement increased from $10.25 per rebate processed to $25.00, and effective January 1, 2007, the administration fee will increase again to $28.00; and WHEREAS, the City wishes to participate in the Program and make rebates available to its residents, and the City is willing to share with MWDOC the cost of increased administration fees under the Honeywell Agreement; NOW, THEREFORE, in consideration of the payment of money as set forth below and the mutual promises of he Parties hereto, it is agreed: 1. Cost SharinQ bv the Parties for Proaram 1.1. MWDOC shall: 1 .1 .1. Based on reports provided by Honeywell pursuant to the Honeywell Agreement, determine the total number of rebates paid to Program participants residing within the City's retail water service area in a given month; 1.1.2. Based on the City's total number of devices for which rebates were invoiced by Honeywell to MWDOC in a particular month, calculate the City's share of the amount owed to Honey for that month and invoice the City as follows: 1.1.2.1. Ultra Low Flow Toilets/High Efficiency Clothes Washers 1.1.2.1.1. Effective July 1, 2006, the City's portion of the administration fee is $15.00 per device. 1.1.2.1.2. Effective January 1, 2007, the City's portion of the administration fee is $18.00 per device. 1.1.2.2. High Efficiency Toilets 1.1.22.1. Effective July 1, 2006, the City's portion of the administration fee is $10 per device. 1.1.2.2.2. Effective January 1, 2007, the City's portion of the administration fee is $13.00 per device. 1.2. The City shall: 1.2.1. Pay to MWDOC the full amount invoiced by MWDOC for the City's share of Honeywell's administration fees 1.2.2. Provide all information, documentation and assistance requested by MWDOC and Honeywell during the performance of this Agreement. 2. Accountinq Upon request by the City, MWDOC will provide copies of the Honeywell invoices and MWDOC's payment records. 3. Indemnification 3.1 MWDOC's activities with respect to the Program are not anticipated to exceed those activities specifically reference in this Agreement. To the extent MWDOC or its staff performs any activities in connection with the Program, it agrees to indemnify and hold the City harmless from any and all liability, claims, obligations, damages, and suits arising out of MWDOC's negligence in the performance of such activities, excepts to the extent such liability, claims, obligations, damages or suits arise from the City's negligence. 3.2 The City agrees to indemnify and hold MWDOC harmless from any and all liability, claims, obligations, damages and suits arising out of the City's negligence in the performance of activities in furtherance of the Program, except to the extent such liability, claims, obligations, damages or suits arise from MWDOC's negligence. Further, the City agrees to indemnify and hold MWDOC harmless from any and all liability, claims, obligations, damages and suits arising from public participation in the Program, including but not limited to premises liability, property damage and personal injury claims that may relate to devices purchased with the intent to apply for a rebate through the Program. AGREEMENT FOR SHARING ADMlNlSTRA nON COSTS MWDOC ond City of Santa Ana Page 2 of 4 4. Notice Any notice or communication required to be given under this Agreement shall be in writing and effective when deposited, first class postage prepaid, with the United States Postal Service addressed to the contracting Parties as follows: If to City of Santa Ana: Santa Ana Public Works Agency Water Division - Water Quality Coordinator 220 S. Daisy Avenue Santa Ana, CA 92703 Attention: Thomas Dix If to MWDOC: Municipal Water District of Orange County 10500 Ellis Avenue P.O. Box 20895 Fountain Valley, CA 92728 Attention: Joseph M. Berg 5. Jurisdiction and Venue In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California. 6. Severabilitv If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby. 7. Entire Aareement This Agreement contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both Parties. 8. Term This Agreement shall commence on July 1 , 2006, and continue until December 31, 2007. 9. Earlv Termination The City may terminate this Agreement at any time upon sixty (60) days' written notice to MWDOC. MWDOC may terminate this Agreement prior to the date of termination without prior notice in the event funding for the Program is exhausted, reduced, or eliminated from any funding source If MWDOC deems it necessary to terminate this Program for any other reason, MWDOC will give the City thirty (30) day's written notice. In the event of termination by either party, the City will be responsible for payment of its portion of administration fees, as established herein, for all rebates paid to participants of the Program within the City's service AGREEMENT FOR SHARING ADMlNlSTRA nON COSTS MWDOC and City of Santa Ana Page 3 of 4 area prior to the effective date of the termination. For purposes of this paragraph, an application is deemed initiated when the Program participant obtains an application and participation is logged-in by the Rebate Contractor. 10. Amendments The Agreement may be modified or amended only by writing duly authorized and executed by the City and MWDOC 11. Assianment The City and MWDOC shall not assign, sublet, or transfer this agreement or any of the rights or interests in this agreement without the written consent of the other parties. 12. Confidentialitv MWDOC agrees to maintain the confidentiality of the City's customer names, addresses and other information about Program participants gathered in connection with the Program, and MWDOC will not cause or permit the disclosure of such information except as necessary to carry out the Program. IN WETNESS WHEREOF, the Parties have executed this Agreement on the day and year written below, the latest of which shall be and is the effective date of this Agreement. APPROVED AS TO FORM: CITY OF SANTA ANA City Attorney ;!;/t L By. '~Ae~Y~ .~ By: B. Jim oss . ~xecutive Director, PWA " - I __) r! //- ~//" -.-" 1/ ~ / ~/.- ". '[' /fN:/' a./.:.~.L<.~ \1 i ';' Secretary ~ APROVED AS TO FORM: McCormick, Kidman & Behrens, LLP Legal Counsel ~ By: By: AGREEMENT FOR SHARlNG ADMlNISTRA nON COSTS MWDOC and City of Santa Aoa Page 4 of 4 #_;100{,-/;l'f Page 1 of 1 Mitre-Ramirez, Norma _.--~_.- -_._----,---~.------_.--- ---.-----------.---.'.-- - --.--.-------.--"-- --_._---~- From: Sheedy, Laura Sent: Tuesday, January 09, 2007 353 PM To: Mitre-Ramirez, Norma Cc: Burk, Ray Subject: MDWOC - Low Flow Rebate Program Hi Norma As we discussed, it is not necessary to send to Council the rebate agreement between the City and MWDOC. This is a separate agreement from the other $20,000 agreement which earlier went to Council, and Public Works anticipates the City will pay iess than $5,000 in rebates. Thank you Laura Sheedy Assistant City Attorney (714) 647-5201 THIS COMMUNICATION AND ANY ATTACHMENTS MAY CONTAIN LEGALLY PRIVILEGED ANDIOR OTHER CONFIDENTIAL INFORMATION IF YOU ARE NOT THE INTENDED RECIPIENT\S) OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERY OF THIS COMMUNICATION TO THE INTENDED RECIPIENT{S) OR BELIEVE THAT YOU MAY HAVE RECEIVED THIS COMMUNICATION IN ERROR, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION, COPYING, OR OTHER USE OF THE INFORMATION CONTAINED IN THIS COMMUNICATION IS STRICTLY PROHIBITED. PLEASE REPLY TO THE SENDER INDICATING THE FACT OF THE ERROR AND DELETE THE COPY YOU RECEIVED FROM YOUR COMPUTER 1/22/2007 /V,itUUb -1;( 7 , CHECKLIST FOR PROCESSING AGREEMENTS AND AMENDM~TS ~, ,/'" ('I: II , '(~"I a'J..' TO: CLERK OF THE COUNCIL OFFICE FROM: DEPT.: r'~vi4- /U/zler ItwvrrtpJ I CONTACT PERSON: 7:::ty> I! IX MAIL STOP: //4' !Ji;- 55:; / EXT.: (0 THE FOLLOWING ITEMS SHOULD BE PROVIDED IN REQUESTING PROCESSING OF AGREEMENTS FOR THE CITY: AGREEMENT NUMBER (il amendment): A I N AMENDMENT NUMBER (il appiiGable): COUNCIL APPROVAL DATE: 1//0 AMOUNT: 0 OVER$10,OOO NAME OF CONSULTANT: J;{",'l:{.j w;; i-r TERM OF AGREEMENT: EFFEC~IVE DATE: 7/ /cJ {; , o 1 ST 0 2ND 0 3RD tv",>,""! ;Jehu", /tWlfed / 'El UNDER $10,000 " - c.L.. CtJi/ PI. /f1 ft/ /J t'C TERMINATION DATE: ;2;;'/~; 7 I / o INSURANCE REQUIRED: )21' NO DYES II yes, 0 ATTACHED o IN PROGRESS o AUTO o PROFESSIONAL LIABILITY o CGL (Commercial General Liability) o WORKERS COMPENSATION (INS. APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) SIGNATURES REQUIRED: o VENDOR o CITY ATTORNEY o o AGENCY (UNDER $10,000) OTHER COMMENTS: ,"1, {Up !) 0 WlI:{./~4' d "1+'-"'1l ~~ &#,[ h / iva /c'r- ('.)L,/'-i'4'J fi1 w!J (!{ .< FOR CLER'Y>>'FICE USE ONLY: W PROCESS o DO NOT PROCESS o MISSING SIGNATURES o NEEDS COUNCIL APPROVAL o OTHER ADDITIONAL REMARKS: C.\Dc"umentD and SeUings\r,milrD\Lccal S6\lings\Tempnrary !ntomet F:IE)'J\OLKC!'hFnrm ~ AGREEMENT PROCESS1NG REQUEST FORM - olr'ilry,do<,.