HomeMy WebLinkAboutMETROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (2) -2008N-2008-116
INSURANCE NOT REQUIRED t
wOgK M~~ PROCEED
CLERK OF COUNCIL
DATE. c~-~o_08
v'~. ~'..~h~ wanks C>>
1 Owe. ~'~~~ 7~
AGREEIVIENT NO.91623
COPY
FY zoa~-zo ~ s
THE CITY OF SANTA ANA
WATER CONSERVATION FUNDING AGREEMENT
BETWEEN
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AND
THE CITY OP SANTA ANA
Santa Ana AgreementNo. 91b23
AGREEMENT NO. 91623
FY 2007-2015
THE CITY OF SANTA ANA
WATER CONSERVATION FUNDING AGREEMENT
BETWEEN
THE METROPOLITAN WATER DIS'T'RICT OF SOUTHERN CALIFORNIA
AND
TTFE CITY OF SANTA ANA
TABLE OP CON'T'ENTS
Section
I2ecitals ..................................:...................................
Section 1: Project Description ............................................
Section 2: Agreement "['erm ................................................
Section 3: Agreement Administrators .................................
Section 4: Written Notice ....................................................
Section 5: Responsibility and Ownership ...........................
Sertinn Fi• Fnnr~ina
Section 7: Installation Verification ......................................
Section 8: Invoicing Requirements ......................................
Section 9: Incentive Payment ...............................................
Section l0: RateStmcture ..................................................
Section I1: Other Terms..
Exhibits
Pace
..........................................1
........................................................2
........................................................2
......................................................2
5
...................................5
...................................7
Exhibit A: Metropolitan's Incentives Exhibit E HECW Agreement No. 4600004214
Exhibit B: Item Database Information Exlabit F: HECW Allocation
Exhibit C: Conservation Credit Invoice Exhibit G: Supplemental Purchase Specification
Exhibit D: WBIC Agreement No. Exhibit I-I: California Friendly Model Home Program
4600003098
Santa Ana i Agreement No. 91623
N-2008-116
IhSURANCi:. nOT REQ~IRED
WORK MAY PROCEED
CLERK Of COUNCIL
""
DAT&
AGREEMENT NO. 91623
FY 2007-2015
THE CITY OF SANTA ANA
WATER CONSERVATION FUNDING AGREEMENT
BETWEEN
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AND
THE CITY OF SANTA ANA
'It!if~~~~~~EW;E,~.~~g~iii~~tya$jm:ii~~l~$.;~\Wtiit~~1{tf)),~~j)i,t~t~~w~q,~~, by
and between The Metropolitan Water District of Southern California (Metropolitan) and the City
of Santa Ana (Santa Ana). Metropolitan and Santa Ana may be collectively referred to as
"Parties" and individually as "Party."
Recitals
A. Metropolitan, through its Conservation Credits Program (Program), assists member
agencies in conserving water supplies. The Program was established per authorization
detailed in Board Letter No. 7-7 in May 1990 and subsequent authorizations there after.
Pursuant to those Board authorizations, Metropolitan established funding for a number of
water conservation items shown in Exhibit A, which is attached hereto and incorporated
herein by this reference;
B. Santa Ana, a Metropolitan Member Agency, elects to participate in Metropolitan's
Program to replace non-conserving items within its service area;
C. Metropolitan expects, in the future, by addendum to this Agreement, to establish funding
for additional water conservation items and to change some or all of the existing funding
rates;
D. Metropolitan has fiscal responsibility to manage its budget, and hence may have a need to
limit availability of funds;
E. Metropolitan actively pursues grants and other outside funding to increase the incentive
funding amount per item and if obtained, allocates and passes these funds to its Member
Agencies; and
F. Metropolitan currently has several grants, with the Department of Water Resources
(DWR), that are incorporated into this Agreement. The following Exhibits, which are
attached hereto and incorporated herein by this reference, incorporate those grant
agreements and allocations: Exhibit A-Metropolitan Incentives, Exhibit B-Database
Information for Incentive Programs, Exhibit C-Conservation Credit Invoice, Exhibit D-
Santa Ana
I
Agreement No. 91623
DWR Weather-Based Irrigation ControJler (WBIC) grant agreement, Exhibit E -DWR
High-Efficiency Clothes Washer (HECW) grant agreement, and Exhibit F-Prop. 50
HECWallocation.
G. As of July 1,2006, Metropolitan will only fund ultra-low flush toilets (ULFT's) that meet
requirements in Exhibit G-Supplemental Purchase Specification (SPS). The SPS was
developed by the Los Angeles Department of Water and Power to be used to establish a
higher standard for ULFT's. Beginning January 1,2009 Metropolitan will cease funding
for ULFTs and will only fund High-Efficiency Toilets (HETs).
NOW, THEREFORE, in consideration of the promises and covenants hereinafter set
forth, the Parties do agree as follows:
Section 1: Proiect Description
This Agreement combines several conservation programs into one agreement and provides
incentives to Metropolitan's Member Agencies. Addendums to this agreement will be issued for
changes involving Board approved items, grant funding, and changes to incentive programs
including funding and incentive leve]s.
Section 2: Agreement Term
2.1 Thi$~gr~~~~!1#Wiitjb~i~Wi:'<lq#Mff:Q\'fJi\IjiiWZPQ~ or upon execution of this Agreement by
all Parties, whichever is later. Santa Ana will complete all item installations,
distributions, vouchers, or rebates by June 30, 20J 5, and provide all final invoicing and
verification to Metropolitan by August ]5,2015, or within 45 days after termination,
whichever occurs first (Term). Continuance of this Agreement will be subject to annual
budget approval by Metropolitan's Board.
2.2 This Agreement may be amended at any time by written mutual agreement executed by
both of the Parties, or by Addendums issued by Metropolitan, as set forth in Section I.
2.3 This Agreement may be terminated by either Party for any reason 30 days after written
notice to the other Party as provided in Section 4. Such termination could occur if the
funding mechanism for conservation programs is changed as a result of action by
Metropolitan's Board.
2.4 Upon termination, Santa Ana shall provide Metropolitan with complete documentation
for remaining items covered under this Agreement and invoiced as provided in Sections 8
and 9.
Section 3: Agreement Administrators
3.] Ms. Maria Biel is appointed Agreement Administrator for Metropolitan for the purpose
of administering this Agreement and making any decisions in connection therewith on
behalf of Metropolitan. l1i!~l[TQm\~~~ is appointed Agreement Administrator for
Santa Ana for the purpose of administering this Agreement and making any decisions in
Santa Ana
2
Agreement No. 91623
connection therewith on behalf of Santa Ana. The designated Agreement Administrators
may be changed by providing written notice to the other Party as outlined in Section 4.
Section 4: Written Notice
4.1 Any communication required to administer this Agreement shall be in writing and will be
deemed received upon personal delivery or 48 hours after deposit in any United States
mail depository, first class postage prepaid, and addressed to the Party for whom
intended, as follows:
If to Metropolitan: The Metropolitan Water District of Southern California
Post Office Box 54153
Los Angeles, CA 90054-0153
Attention: Ms. Maria Biel
IftP;_$~~f~ll;:i;:j,;/i-Wq".'
$~---
4j:f~ntlWi~:~r~;mq#i!-'Qi~
Either Party may change such address by giving notice to the other Party as provided
herein.
Section 5: Responsibility and Ownership
5.1 Santa Ana, at its sole discretion, may independently contract with its own agents under
separate agreements for Project administration and management, provided they present
no conflict of interest in Project performance or with the terms of tllis Agreement.
5.2 Santa Ana and/or its agent shall provide all necessary services and materials for the
Project including, but not limited to, the following: program administration, promotion,
marketing materials, data collection, analysis, and reporting.
5.3 All materials and supplies necessary to implement the Project shall be the exclusive
property of Santa Ana. Metropolitan shall have no ownership, right, title, security
interest, or other interest in any Project facilities, materials, or supplies, nor any rights,
duties, responsibilities for operation or maintenance thereof.
5.4 Santa Ana is responsible for assuring that the Project complies with all federal, state, and
local requirements.
5.5 Santa Ana is solely responsible for the performance of its staff or representatives in
complying with the terms of this Agreement and for the proper allocation of funds
provided by Metropolitan for the purpose of achieving water conservation savings under
this Agreement.
Santa Ana
~
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Agreement No. 91623
5.6 Santa Ana agrees to cooperate with Metropolitan's data management activities related to
assessing device saturation and program success.
5.7 As part of the Project, Santa Ana shall use and maintain an electronic database similar to
the format shown in Exhibit B for any conservation items installed, distributed,
vouchered, or rebated by Santa Ana or its agents, to avoid duplicate distributions and to
determine the saturation rate of items by the appropriate geographic delineation.
Section 6: Funding
6.1 Incentives are limited by Board policy to $195 per acre-foot of water saved, up to the full
cost of the device. If at any time during this Agreement Metropolitan determines that the
cost of any particular device falls below the incentive level, Metropolitan shall adjust the
incentive accordingly per Board policy.
6.2 Metropolitan is funding the pilot demonstration project California Friendly Model Home
Rebate Program to promote interest in new'water-efficient features for the home. Exhibit
H, which is attached is Metropolitans pre-approval form for this progranl.
6.3 Metropolitan funding shall be in the tarm ofa conservation credit on Metropolitan's
water service invoice to Santa Ana. In recognition of receiving these incentives,
Santa Ana pledges to increase efforts to achieve landscape and commercial conservation,
and support these programs through local cost share. Metropolitan's financial obligation
for funding will be for the time period specified and/or until funds are exhausted on that
item. To the extent Metropolitan's Board determines not to fund one or more items listed
on Exhibit A, Metropolitan ,vii! issue an addendum to Exhibit A to adjust funding rate(s).
6.4 If Metropolitan secures additional funding from outside sources for one or more items, an
addendum will be issued from Metropolitan. Metropolitan will notify Santa Ana of
outside funding status and should outside funding run out, Metropolitan's funding
commitment will revert to the current Board approved amount. Metropolitan may issue
allocations or deploy other administrative actions to ensure that grant limits are not over
spent. The funding amounts listed on Exhibit A are modified from time to time by
addendull1s. Santa Ana shall be responsible for all costs in excess ofthose listed on
Exhibit A of the addendums.
Section 7: Installation Verification
7.1 Santa Ana shall be responsible for selecting a method to verify installation of items
installed, distributed, vouchered, and/or rebated by Santa Ana or its agents during the
Project and for paying all costs associated with this verification. Santa Ana shall inform
Metropolitan of methodology used and document verification activities in the database.
7.2 Metropolitan will accept Santa Ana's ccrtification on the number of items installed and
verified to calculate Metropolitan's credit to Santa Ana, subject to the provisions of
Section II ofthis Agreement.
Santa Ana
4
Agreement No. 91623
7.3 For informational purposes only, Metropolitan reserves the right to conduct installation
verification of items within Santa Ana's service area.
Section 8: Invoicing Requirements
8.1 Santa Ana shall provide Metropolitan monthly invoices for all items installed, distributed,
vouchered, and/or rebated by Santa Ana or its agent. Exhibit C is a sample invoice. The
sample invoice can be modified for use with any item listed in Exhibit A. Invoices are
due on the 15th of each month. The invoice shall be signed by Santa Ana's General
Manager or designee certifying the number of items installed and verified as specified in
Section 7. If Santa Ana's General Manager delegates authority to a designee, Santa Ana
shall notify Metropolitan of the designee in writing prior to the next billing period as
outlined in Section 4.
8.2 Upon receipt and approval of Santa Ana's invoice, Metropolitan will issue a credit on
Metropolitan's next water service invoice to Santa Ana.
Section 9: Incentive Pavment
9.1 To receive Metropolitan's incentives, Santa Ana must submit to Metropolitan database
information on all items installed, distributed, vouchered, and/or rebated by Santa Ana
with that month's invoice.
9.2 Metropolitan and Santa Ana or its agent agree to provide data and information as required
by the other Party to implement Project and evaluate Project implementation, costs, and
water savings. Metropolitan and Santa Ana will make available for inspection to the
other Party, upon reasonable advance notice, all records, books, computer files, and other
documents relating to Project. Such documents shall be available for inspection for a
period of three years following Agreement termination. If Metropolitan or any other
public entity with jurisdiction conducts an audit and detemlines that any invoice is in
error, funds will either be credited or debited by Metropolitan on the next water service
invoice in accordance with the findings.
Section 10: Rate Structure
10.1 Santa Ana agrees and understands that Metropolitan's rate structure as of January 1,2008
("Existing Rate Structure") provides the revenue necessary to support the development of
new water supplies by local agencies through incentive payments in the Local Resources
Program (LRP), Conservation Credits Program (CCP), and the Seawater Desalination
Program (SOP). In particular, the Water Stewardship Rate is the component of Existing
Rate Structure that provides revenue for the LRP, CCP and SDP. Further, Santa Ana
acknowledges that Existing Rate Structure and all components within that rate structure
were developed with extensive public input and member agency participation, and that
the elements of Existing Rate Structure have been properly adopted in accordance with
Metropolitan's rules and regulations.
10.2 (a)
Santa Ana agrees that Metropolitan's rates set under the Existing Rate Structure
may be reset throughout the term ofthis Agreement to account for the cost of
Santa Ana
5
Agreement No. 91623
service, and that Santa Ana will address any and all future issues, concerns and
disputes relating to Existing Rate Structure, through administrative opportunities
available to them pursuant to Metropolitan's public board process. As such,
Santa Ana agrees if they file or participate in litigation or support legislation to
challenge or modify Existing Rate Structure, including changes in overall rates
and charges that are consistent with the current cost-of-service methodology,
Metropolitan may initiate termination of this agreement consistent with
Paragraph lOA below. Metropolitan agrees that any change in Existing Rate
Structure, including changes in cost-of-service philosophy or methodology would
be enacted only after collaboration and discussion with its member public
agencies, and Metropolitan's public board review and approval process.
(b) Notwithstanding the foregoing, Santa Ana retains the right to file and/or
participate in litigation and/or to support legislation without triggering the
termination of this agreement if there are material changes to Existing Rate
Structure or changes in cost-of-service methodology used to set rates by future
Metropolitan board action. Santa Ana also retains the right to file and/or support
litigation should Metropolitan, in setting rates under Existing Rate Structure, fail
to comply with public notice, open meeting, or other legal requirements
associated with the process of setting water rates and related taxes, fees, and
charges. Santa Ana agrees that they will 'not tile or participate in litigation, nor
Villi they support legislation affecting Metropolitan's rate structure after any such
change in rate structure or violation of the law regarding rate setting processes
until, and unless, they have exhausted all administrative opportunities available to
them pursuant to Metropolitan's public board process.
10.3 Santa Ana agrees that all users of the Metropolitan conveyance and distribution system
should support the LRP, CCP, and SDP, that such projects provide benefits to
Metropolitan and the users of the system by making existing distribution and conveyance
capacity available for additional delivery, and that under Existing Rate Structure, the
Water Stewardship Rate is an element of charges properly adopted by the Metropolitan
Board and properly applied to water wheeled through the Metropolitan conveyance and
distribution system.
10.4 Should Santa Ana file or support litigation, or sponsor or support legislation, that would
challenge or be adverse to Existing Rate Structure, as described in paragraph (a) of
Section 10.2, Metropolitan's General Manager may file a 90-day notice of intent to
terminate this Agreement with Metropolitan's Executive Secretary, with copies to all
members of Metropolitan's Board of Directors, and contemporaneously provide Santa
Ana with a copy of the notice. Within 30 days of receipt of such notice, Santa Ana shall
have the right to reqnest, in writing, mediation of the dispute by a neutral third party \>lith
expertise in finance and rate setting. The mediator shall be seleeted by agreement of the
parties, or failing agreement within 60 days of such request tor mediation, a mediator
shall be selected by the Metropolitan Board of Directors from a list of at least four
candidates, one each from Santa Ana, and two of which will be supplied by
Metropolitan's General Manager. The costs of the mediation shall be borne equally by
the parties. The reqnest for mediation shall also serve to stay the 90-day notice of intent
Santa Ana
6
Agreement No. 91623
to terminate, but for no more than 90 days beyond the filing of the notice of request for
mediation, unless otherwise agreed in writing by the parties. If mediation does not result
in an agreement acceptable to each party to this Agreement within the time provided
herein, the notice of intent to terminate shall be reinstated. The Metropolitan Board of
Directors shall act to approve or disapprove termination of this Agreement, and all of
Metropolitan's obligations hereunder shall terminate if approved, on or before the
ninetieth day following filing of the notice to terminate or, if mediation has been
requested as described above, the ninetieth day following the request for mediation (or
other date agreed in writing by the parties.)
10.5 Metropolitan and Santa Ana agree that should litigation or legislation brought forth or
sponsored by third parties result in changes to Existing Rate Structure, this Agreement
will continue in effect unless mutually agreed in writing by the parties.
10.6 Should Metropolitan and its member agencies agree on an altemative rate and revenue
stmcture that obviates the need for this section on Rate Structure Integrity, this section
shall be amended or deleted to conform to such action.
Section 11: Other Terms
11.1 Metropolitan and Santa Ana agree that each party shall be responsible for its own actions,
and the actions of its officers, employees and agents, in performing services under tillS
Agreement. Metropolitan and Santa Ana each agree to indemnify and hold the other
Party and its officers and agents harmless and agree to defend the other Party against any
claim or asserted liability arising ont of its actions, either ",illful or negligent, or the
actions of its officers, employees and agents, in perfoll11ing services pnrsuant to this
Agreement. Such indemnity will include any losses relating to any claim made, whether
or not a court action is filed, 8l1d will include attorney fees and administrative and
overhead costs related to or arising out of such claim or asserted liability.
11.2 S8l1ta Ana shall include the follov,ing language in its agreement with 8l1Y consultant or
contractor retained by Santa Ana to work on the Project: "(Consultant) agrees at its sole
cost and expense to protect, indemnity, defend, and hold harmless Metropolitan and its
Board of Directors, officers, representatives, agents and employees from and against any
and all claims and liability of any kind (including, but not limited to, any claims or
liability for injury or death to any person, d8111age to property, natural resources or to the
environment, or water quality problems) that arise out of or relate to S811ta Ana's
approval, construction, operation, repair or ownership of the Project. Such indemnity
shall include all d8l11ages and losses related to any claim made, whether or not a court
action is filed, and shall include attorneys fees, administrative and overhead costs,
engineering and consulting fees and all other costs related to or mising out of such claim
or asserted liability."
11.3 Santa Ana is solely responsible for any such actions arising under the California
Environmental Quality Act (Pub. Res. Code 92 I 000 et seq.).
S8l1ta Ana
7
Agreement No. 9]623
11.4 Any alteration or variation of the tenus of this Agreement will not be valid unless made
in writing and signed by both Parties. This Agreement constitutes the entire agreement
between both Parties.
1 1.5 This Agreement will inure to the benefit of and be binding upon Metropolitan, Santa Ana
and their respective successors. This Agreement is not assignable by either Party in
whole or in part.
I 1.6 The partial or total invalidity of one or more parts of this Agreement will not affect the
intent or validity of this Agreement.
11.7 This Agreement will be deemed a contract under the laws of the State of Calif ami a, and
tor all purposes will be interpreted in accordance with such laws. Metropolitan and
Santa Ana hereby agree and consent to the exclusive jurisdiction of the courts of the State
of Calilornia, and that the venue of any action brought hereunder will be in Los Angeles
County, California.
III
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Santa Ana
8
Agreement No. 91623
(] COpy
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
APPROVED AS TO FORM:
THE METROPOLITAN WATER DlSTRICT
OF SOUTHERN CALIFORNIA
Karen 1. T achiki
General Counsel
Jeffrey Kightlinger
General Manager
By:
By:
Stephen N. Arakawa, Manager
Water Resource Management
Senior Deputy
General Counsel
Date:
Date:
APPROVED AS TO FORM:
CITY OF SANTA ANA
By ~>P.~
. {/(1;:/2d()
Date:
~~
By'
City ~ahager ...'..'. .
Date:
tt -q ...o~
In Duplicate
l.1:\rrdmtnwrm\shllre,d\conSflrvation ISantn Ana91623.doc
to COpy
ATTEST:
attest:
~;:;r - - <----- b
0:::;)~Y
PATRICIA E. HEALY
E ecutive Director
ublic Works Agency
Clerk of the Council
Santa Ana
9
Agreement No. 91623
)
~-<,i
<""uhtCl:lll) AV~tilable FlHttJtrf1l.
Exhibit A
!\ktropolitan rnccnlhc:s
." ~,...,-,"-_._~ ,-- ~"".~_.'--- .--.- --_._-<_._--,.-......._-~~< - !
i Section f)l!V ice/! tem Incentive Amount
~-"-----'~~ ----- ,
1 roile!s
,. ~--- -------- N
i I Jllrn I .ow Flush Toilc!.i!)LFT) 1/,,.,, m<lxim"", 1111.,11 un n ,tr<lllu"."fJr",h $ 60.00 I
I '-""--"--- 'Tiigh:Erticicney roilct (I lET) - tllI.,h,,' <I ""nim"," un !.V ~"lIon, pa IIt,,,II: 1
I $ 165.00
(.-.---- ...!:j.?~{~!}m~ J.O ~ilJI,nl.'t per Ihuh (},.ltrt!tf/~" . 30.00 i
llh r [tpgradc Ilmihdtd ma:rimum 11/1..:'vgullofl.'1rwr JltI:~h: relJ/cl,'mglJU'7'r/.t; $ I
L__ ~.,IIi,!rJJH!r 1111.';11.).
1_' 2 Ilillh EllieicllCY Cloth"" Washer (IIECW)
flECW (.Metropolitan's base per ullit incentive) I
I !l1~'( '" wolt a Willer !ru:lor 6.0 or 1.,.f8. W(,ter fat'uJr rt'prt',flf"ts the llnUJunt ()/ kla/~r $ 75.00
r..----. ftI!t'tled fndean a .~.tundW"d ruuJol"lUnJrv.
(IEeW (rO/al ifll..'cnttve induJlnM OWR Prop. 50 grunt/un"s stlNe,.'t to thu alltk:uJiot'J Sf 10.00
li1hlfl lit ;'~thihil F}
/_.. J Residential Survey.
. Single-family survey ~ Partially Ol/91i!tS ctJ$t tn audit w/IIi'W cusIOmltr.f; r('/lwrC$ I
Otuite vi.l:il to genen/lt!! ,~urw.Y T('porl p". ,,:u31f>mert Illld maintain proi:f'aM database and S 12.50
wall!1' .Vlwm,r.:- L',rlculat;onz, ....."",t!Y C,1n he t:OInbined with ~ilher il'rij.fOlion evaluation
be/ow:
Irrigation Evaluation (w/o timer) - provid..li" ufjl1,'rnrsddverselyalfmmg $ 8.00 !
ommuitJlf ,,{,rire:r irriflalion ,rvslem and nml1idl!,r u watqrinrt sc-'hf!dule.
Irrigation Evaluation (with timer) - Ilrovide., list "1/11"10'., adversely
lllfirct;ng operation of,Vllt'S irrJj.rution ,~V$ttm,' .rc!ts ctmlroll.:r wtllr Tl'('omtnended $ 18.00
Irrifllllimr schedule,
4 Weather. Based (mllation Controller<< warc)
ware u.inl! DWR grant funds:
.. Sdt'meilns in.stalled hy customer - Direct menns installed hV lllt:mher Oll'encV or its Ujlcnt..
rrrlflRtion
Controller In.bllI.Uon
Statioa. Method DWR MWD Tolal
lip 10 12 Direct S 235 S80 SJJ5
Self S 160 S80 S240
1).24 Direct SI.150 ~6.SOlstatjon VOloSI,JOb
Self S 550 S6.s0/station Un 10 S706
25 IU greater Direcl S1700 S6.501stotion Casc-by-case
Self SI.IOO S6.501stadon CI1SeMby-(:a.sc
WBle Dot usi.... DWR !lf811t funds:
$80.00 plus
Residential (less than one acre) $6.50 per station
over 12 stations
Residential (one acre or lar2er) (Up to 100 percent of cost oldevice) $630 per acre
Com mere ial (Up 10 1110 ocreent of cosl ol device) $630 per acre
WBICs are con/rollers that "monitor and use informatJon ahaul environmental condition.f jor a specific localion and kmdscape _ information
such as soil moislure, rain. wind. tire plants' evaporation and transpiration tllm rales. and. in some cases. plant type and more __ /0 decide for
thl!msf!Ives when 10 water. and when nOllo, providing ~.lat.'l/y tire right amount of wtJter to main/am lush. healthy growing conditions." These
l.'ontroJ/ers water lundscupes bv tl!Jlomatical/vadjuslln~ irrif!alion schedules basffd on hisloric or rt!al time data.
5 California Friendly Home (New Construction)
Model Home
HET New Construction $100 (3/home mDX $300\
HECW $400 ( f Ihome)
WBIC $200 (Uhome)
CA Friendly Landscape $0.80/sq. ft. irri.ated area (max $1,600)
Production Units
I HET $30
HECW $75
WBlC $80 each plus ($6.50 per station> 12)
('ontinued on nex/ tJaQ-e
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" ,7
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Exhibit C
~:l.mtinIlL.t1
Consl;!rvation Credit Invoice
Narrative
Describe Administration activities, including quality assurance and
verifications activities performed during the activity period:
Describe promotional and outreach activities:
Describe any problems or delays: What solutions do you plan to
implement?
Other comments, suggestions, or lessons learned?
Customer Satisfaction Survey Questionnaire
How did you hear about the rebate program?
Was the rebate price the contributing factor in purchasing a HECW?
Do you believe you are saving water and energy by using a HECW?
Did you receive rebate funds from another source?
Did you receive YOur rebate in a timely manner?
How satisfied are you with your purchase?
.. }
U', l..!..J~J'j ',: t 110'1 ";."JO
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Ethibit I)
\Ii Brc i\grccrntllll
Agreement No. 4600003098
Urban Water Conservation
Capital Outlay Grant
STATE OF CALIFORNIA
THE RESOURCES AGENCY
DEPARTMENT OF WATER RESOURCES
AGREEMENT BETWeEN THE STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURces
AND
METROPOUTAN WATER DISTRICT OF SOUTHeRN CALIFORNIA
FOR AN URBAN WATER CONSERVATION CAPITAL OUTLAY GRANT UNDER THE
CALIFORNIA SAFE DRINKlNG WATER. CLEAN WATER. WATeRSHeD
PROTECTION AND FLOOD PROTECTION ACT
1
Re./$ed 1cv.!7Al3 .
':,..)
.!.P. !,o.._'Ul:Jti" t11i1 ".111
,~. .~
".1
r'~l). jllJ P.2
sr A TE OF CALIFORNIA
Aqreemeot No. 4600003098
This agreement Is entered inlo between the State of California, acting by and tI1rotigh the
DepartmentofWater Resources, (Slate) and Metropolitan Water Dlstrlct of Southem Callfomia
(Granme),
The State and Grantee agree alf follows:
seCTION 1. PURPose OF GRANT
This State Grant is made by tha Slale fa the Grantee to assist in financing an Urban Wal&r
Con$efValion Project pursuant to the California Safe Drinking Water, Clean Water, Watershed
Protection and Rood Prolectlon Act, (Chapter a (commencing with Section 79150) of DMslon 28 of
!tie California Water COde), Grant funds may b. used only a,s provided in this Agreement !'or such
Eligible Project Costs as set Forth In the Profect description and BUdqet. copies of Which are
incorporated herein and attached as Exhibit B, "Statement of Work & Tlme/lns" and Exhibit C.
"Budger.
SECTION 2. TERM OF STATE GRANT
The term of this Agreement Is From the date of execution of this agreement through
AprillS,2007.
SECTION 3. PROJECT COSTS
The Project Costs (identified In ExhIbit C) are estimated to be $2,851,633.00.
SECTION 4. STATE GRANT
Subject to the availability of funds, ths Slate will grant to the Grantee In accordance with the terms of
this Agreement an amolJnt not to exceed $1, nS,700.00 for EJlgibta Project Costs.
SeCTION 5. GRANTEE'S COST SHARE AMOUNT
The Grantee agraes to flJnd the dHTirence, If any;belWe8n the e.sllmated Project Cost (Section 3)
and Ihe Slate Grant (Section 4). Grantae's Costs are estlmeted to be $1.072,933:0a:
SECTION a.INCORPORATlON OF STANDARD CONDmONSAND GRANTEE COMMITMENTS
In addition to EWlfblls Band C, this agreament fncol'])Orates Exhibit A, 'Slandard Terms". The
Grantee accapts and agrel!lS to comply with all lelmS, provisions, conditions, and commitments of
this Agreement. Including all Incorporated documents, and to ftlltlf/ all assurances, declarations,
representations and statements made by the Grantea In the application, documents, amendments
and communications Illed In support of Ita request for tlnanclng.
SeCTION 7. CONDITIONS FOR DISBURSEMENT
The Grantee shall meet all condItions For disbursement 0' money under this Agreement, Including
the proVisions of Exh/bft A.a. Failure by Grantee to comply mey, at the optIon of the State, result In
termination of ths Agreement.
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Agreement No. 4500003098
SECTION 8. PROGRESS REPORTS AND STATEMENT OF COSTS
The Grantee shaJlsubmit QuarterlY progress reports, January 15, April 15, July 15 and October
15, on the stalus of the Projact to the Department of Water Resources. The submittal and approval
by the State of these reports is a requirement for continued disbursement of State Gtant funds.
Progress reports shall summarfza the work completed during the reporting period, include a
statement of progress toward complelfon compared to tile Project schedule, and provide a
comparfson of com 10 date compared to lhe approved scope of work and Project budget
SECTION 9 FINAL REPORTS
Within 60 days of Project complelfon or tenn/natlon. the Grantee shall submit a final report on
Project completfon or tenn/natlon and expenditures for the Slate's review and comment The report
shall be modified to incorporate the Stale's comments, if any, and resubmitted within sixty (60) days
of the Grantee's receipt of the Stale's comments.
SECTION 10 OPERA TrONS AND MAINTENANCE OF 'CONSTRUCT/ON" PROJECT
In consIderation of the State Grant, the Grantee agrees, for the useful fife of the Profect to
expedllfously commence and 10 conlfnue opera lion of the Project and shall cause the Projectto be
operated in an efficient and economical manner; shall provIde for all repairs._ renewals, and
replacements necessary to the efficient operalfon of the Project; and shall cause the Project to be
maintained /n es good and efficient condllfon as upon ilS constructiOn, ordinary and reasonable wear
and depreciallon excepted, Refusal of the Granlee to operate and maintain the Project in
accordance With this provIsion may, at the opllon of the State, b& considered a material breach of
contract and may be treated as default under default provl8lons exhibit A-25.
SECTION 11 RE!.A TlONSHIPS OF PARTIES
The Grantee. ils contractors, subcontractors, and lIlerr respective agenls and employees nsqulred
for performing any work under thIs Agreement shall act In an Independent capacity and not as
officers, employees. or agenls of the State.
The Grantee Is sole~ reaponsible for plannIng and Implementation of the Projec:t. Review or
approval of plans, spech'lcalforis, -bIc/ doctlments or other constructfon doouments:~ the State Is
solely for the purpose of proper admInistration of State Grant funds and shall not b& deemed to
reI/eve or reslrfot the Grantee's responsibility,
SECTTON 12 PERMITS, LICENseS, APPROVALS AND LEGAL OBLIGATIONS
The Grantee shall be responsIble fcrobta/ning any and all permIts, licenses and approvals required
For perfonning any work under this Agrsement, Indudlng Ihosa necessary for pfanning and
fmplamenlfng the Project The Grantee shall be responsible for complylng With all applicable
federal, S tete and local laws, rures or regulations affecting any such work, specifically including, but
not limited to, envIronmental, labor, procurement and safetyfaws, rules, regulations and ordInances.
SECTION 13 GRANTeE'S RESPONSIBILITlES FOR WORK
The Grantee shall be responsible for work and for parsons cr entltfes engaged in Work, includIng,
but nolllmitad to, subcontractors. supplIers and providers of services. The Grantee shall give
personal supervisIon to any work required under this Agreement or employ a competent
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representative, satisfactory to the State. 'Ntth the authority to act for the Grantee. The Grantee orllS
authorized representatiVe shall be present while work is in progress. Thl!t Grantea shall be
responsible for any and all disputes arising out of its contracts for work on the Project. including but
nOllimitl!td to bid dlsputas and payment disputes with the Grantee's contractors and subcontractors.
The Stale will not mediate disputes between the Grantea and any other entity concaming
responsibility tor periormancl!I ot WOI'X.
SECTION 14 PROJECT OFFICIALS AND NOTICES
The Statl Project Mllnagershalf be the Chlet, OfllceotWater Use Efficiency, Oepartrnent ot Water
Rellources, The State Project Manager shaY be thl!l State's representative and shall have \he
authority to makl!l determination and findings with respect 10 aach controversy arising under or in
connl!lctlon with the interpretation. perlormancl!l, or payment for work Pl!lrforml!td under thl!l
Agreement
The Granlee Project Olrector shell be Andrew Hu:!. . The Grantl!le Project O/rector shall be the
Grantee', representatlve for the administration ot the Agreement and shall haw full authority to act
an behalt at the Agency. including authority to execute all payment requests. All communications
given to the Project DIrector shall be as binding all if given to the Grantee.
Either party may change ~Il Project Manager or Director upon written notlce to the other party.
Notices re<luired to be given to the Slate In ....ritlng by the Grantee under this Agreement shall
generally be sEtnt to:
Slate of Caltfomia
Oepartment ofWalllif Resources
Ofllce at Water Us. Et'llciency
Attention: Progl'llm Manager
Post Ofllce Box 942838
Sacramento. Qlllfomla 94238-0001
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Notlces requirsd to be given to the Grantee in wrillng by the Slate undar this Agreement shall be
sent to:
And.....Hu1.
(RearesanlHllvel
Katropo11tan Watae D1str1et of SouthacD Ca11fotn1a
Agl!lncy Name)
P.O. Box 54153
(Mailing AddJ'llul
~os Angala.. eA 90054-0153
(City. State. ZIp Code)
A change of address for delivery or notice may be made by either party by written notice of such
changl!l ot address ta the other party.
All such notices s/1all be enclosed in a properly addressB:d. postage prepaid envelope and deposited
in a United States Post Qfllce ror delivaty by registered or eerlifled mail.
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Al'PROVBD AI TO FORM
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Agreemant No. 4600003098
STAre OF CALIFORNIA
DEPARTMeNT OF WATER RESOURCES
By
Efficisncy
urces
Clef. Offtce Of Water
Department of Water
METll.OPOLITAH wATER DISTRICT OF so.
GRANTee
ey~tpth- --
Signa
Data I"Z/ \ tl.A4-
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B. Anatole ialagan
~ Steoben N. Arakawa
Printed Name
CAL.
ManaKer, Watar Resource Management Group
Tide
P.O. Box 54153
Address
Loe AnKales. CA 900~4-0153
IN WITNESS WHEREOF, the partles hereto have execullld this Agreement on
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STATE OF CALIFORNIA
THE RESOURCES AGENCY
DEPARTMENT OF WATER RESOURCES
EXHIBIT A
STANDARD TERMS
URBAN WATER CONSeRVATION CAPITAL OUTlAY GRANTS
Agreement No. 4600003098
A-1. GOVERNING LAW; This Agreement is governed by and shall be Iniefpreted In accordance
with the laws of the Stale of Califomla.
A-2. TIMELINESS; TIme Is of the essence in thIs Agreement
A-3. AMENDMENT; This Agreement may be amended at any lime by mutual agteement of the
parties, except insofar a. any proposed amendments are In any way contrary to applicable law.
Requests by l/181 Grantee for amendments must be In wrttlng statlng the amendment request and the
reason for the request
A-4. SUCCESSORS AND ASSIGNS: This Agreement and all of Its provisions shall apply to and
bind the successOI'll and assigns of the parties hereto. No assignment or transfer of this Agreement'
or any part thel8Of, rights hereunder, or interest herein by tI181 Grantee shall be valid unless and until
it Is approved by the Stala and made subject to such reasonable terms and conditions as the Stele
may Impose
A-5. ELIGIBLE PROJECT COSTS: Grantee shaD apply Slate Grant funds received only to
Eligible Project Costs. Ellgibte ProJect Costs Include the rellllOnabfe and necessary costs associated
with a Project including, but not limited to, program costs or rebates; engineering, legal and
administrative fees: land and easement acquisition; environmental documentation: environmental
mftlgation and monitoring; and construction costs associated with the Project.
Costs that ara not eligible for relmburaement Include but are not limited to:
a) Coals lneUll'lld prior to execulfon of this agreement
b) Operation and melntenance costs,
c) Purchase of squlpment not..!'n integnsl pert of the PnoJect. .
d) Payment of principal or Interest of. existing indebtlldneSll or any Interest payment unless:
1. The State ag/'llt!llJ In writfng to the eligibility of the costs of reimbursement before the
debt Is Incurned: and
2. The purposes for which the debt is Incurred are otherwise eligible Project Cosm.
e) Establishing a reserve fund,
I) Purchase of waler supply for the Project.
A-8. CONDiTIONS FOR DISBURSEMENT: The Slate shag have no obligallon to disburse
money under this Agreement unless and until the Grantee has satisfied the State thet the
disbursement is In accordance with requirements of the Safe Drinking Water, Clean Water,
Watershed Protectfon, and Flood Protection Act, which inclUde:
(a) For ConstnJctlon Projects, the Grantee submits to the State, final plans and
speciilcatlons certHled by a CalifornIa Regl~.red Civil Engineer or squivalent
documentation as to compliance with the approved Proje<:t.
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(b) The Grantee submits a written statement by an authorized representative that It has
obtained all necessary pennits, easements, rights-<lf-way and approvals as may be
req ulred by other stat., federal, and/or focal agencies, as specifled in Sectlon 12 of lhfa
Agreement.
(c) The Ontotee demonstrates compllancawilh the California Environmental Quality Act and
the National EnVIronmental Polley Act by 3Ubmltllng copies of any enVIronmental
documents, InclUding environmental Impact reports, environmental Impact statements,
negative declarations, mltlgatlon agreements, legal nollces and environmental permits
as may be required prior to beginning the Project.
(d) The Grnntee submits ~mely periodic progress reports as required by Section 8 of this
Agreement.
(e) The Grantee demonstrate. continuing availability of sufflclent funds to complete the
Project.
A-7. STATE GRANT DISBURSEMENTS:
(a) COlIt Statements; After the Conditions for Disbursement, Sectfon A.a, are met, the Stale will
disburse the whole or porl/ons of the Slate Grant comm/tmentto the Grnntee following receipt from
tile Grantse of a statement or statsrnents of Incurred Eligible Project Costs, reviewed by the
Grantee's designated representative, and timely progr9sa reports all required by Section 8 of this
Agreement Requests for Stale Grant funds shall be tiled quarterly or for such periods as the State
and the Grantee may mutually agree. The Grantee shall provide lI1e following infonnation:
(1) A statement of the incurred Eligible Project COllta for work pertbnned under the
Agreement during the periOd Identified In the parllcutar statement and which matches the BUdget In
Exhibit C and tasks in Exhibit B.
(2) A statement of the cost of any Interests in real property (land or essaments) that have
been necessarilv acquIred for the Project during the pertod ldenti1led In the particuler statement for
the ImplernentaUon of the Project.
The Grantee shall submit IwQ (2) copie.l of each stalsment of coat to the Program Menager,
Department of Walsr Resciureeli;'p.O. Box 942838, Sacramento, CA 94236 anct submit one (1)
c~ of each Invoice simultaneously to DWR Accounting Offlce, Contracts Payable Unit, P.O. Box
942838, Sacramento, CA 94236 a/ong with supporting documentation to the Stats with each
quarterly progress report. Statement of Costs shall be submitted In arrears, bearing the agreement
number, .
(b) Disbursement Following the review and approval of each Statsmen! of Costs, the State win
dlsbursalo the Grantee the amount approved, subject to the avalrabJlltyoffunds through the State's
normal proCedures. Funds will be disbursed by the Stale In response to each approved Slalsment
of Costs on a pro rata basis In accordance with the relative payment obligations of the Grantee,
Sect/on 5 of this Agreement, and the Slate, Sectlon 4 of thla Agreement for the Project Coslll,
Section 3 of this Agreemen l Any and all money disbul'lled to the Grantee under this Agreement and
any and all interest eamed by the Grantee on .such money sha' be used so/aly to pay ERg/ble
Project Costs.
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Mer the Project has been comp/ellld or termlnaled.the Grantee shall fumish to tI1e State, within 60
days. a final statement of incurred Eligible Project Costs, and a final narralive report summarizing
the Project process, deliverabfes and results.
A-8, WITHHOLDING OF GRANT DISBURSEMENTS BY STATE
(a) WltI1holdlna c'aus~; Thlt State, at illl dlscrelion, may withhold ten pereent (10%) of the
funds requested by the Grantee for reimbursement of eligible Project Costs until the Project Is
completed.
(b) Add/lional Conditions for Wltllholdlno: If the State delermlnes that the Project Is not
being completed substantially in accordance with the provisions of this Agl'llement or that the
Granlee has failed In any other respeot to comply substantially with the provisions of this Agreement,
and If the Grantee does not remlldy any sucll failtlre to the Stale's satfsfaotion. tha State may
wit/lhold from the Grantee all or any porlfon of the State Grant commitment and take any other
action that n deems necessary to protect its Intsruts.
, (c) Wlthholdlno Entfre State Grant Commitment If the Slate notl1lea the Grantee of ns
decision to wit/lhold all of th. Slate Grant commitment trom the Grantee pursuant to Subdlvfslon (b)
of this ArlIcle, this Agreement shalllerminate upon raceipt of such notice by the Grantee and shall
no Conger be binding on either party.
(d) Wlthholdlno Ba/ance ot State Grant Commitment: Where a portion of the Slate Grant
commitment has been disbursed 10 the Grantae and tI1e State notl1les the Grantee of Its decisIon to
wlthhoid the balance ot the State Granr, the pOrlfon that hae been disbursed shall thereafter be
replljd Immedllltely wIth inlel'Mt, as dll'llcted by the Stlite. Refusal of the Grantee to so repay may. lJ//,/';!f
at the optfon of the Stata. be oonslderlld a material breach of contract and may be treated as default ./ /, :,{
under Defauft Provisions, exhibit A-25. Jh(u .,nil.. /,> 'nll,fi~~)Iuq,;. (~~
A-g. DOCUMENTATION OF PROJECT BENEFITS AND COSTS. 7 .' ,
JC ~.~
(a) Actuel Water Savlnoe Alter Project completion the Griintee shall revise the estimate of 1;"", :.":'~
water savings besed on recorc1s for the first ODeratlon~ within 90 days aller the firs!,. .;1
opemtfonal year has elapsed. I'llport these findings to the tofWatar Resoun:ea. Offlce at
Water Use Efflciency. This recording and reporting process shall be SUbsequently repealed for a
tolal of five (5) consecutlve operational yeal'!f. Estlmetee shaH Include total annual water savIngs
llnd net Ilnnual waler savings. The report shall aleo Include a deacrflJlIon of how thlt waler prodUced
by the Project Ie being utfllzed.
(b I Oll1er Benellts and cOiiii: The Grantee shan. af/er the ftrst operalfonel ~ hea elapsed
report any other benefll8 (other tIIan ,water savings) and any additfonal C081lI resulting from the
Project. to the Department of Water Rasources. Ofl!Cl!t of Water Use Efficiency.
A.10. TIMING AND MANNER OF PROJECT UNDERTAKING
(a) Prolect Undertaklna Pursuant to Aoreement The Project shan be undertaken in shiel
accordance with this Agreement
(bl Determinatlorl ot Protect Comcletlon: For the purposes of this Agreement, the
Project shaft be consIdered to be completed or to be terminated when so detenmlned by the State.
(e) Acknawledtlemant of Credit: The Grantee shall inc/uds appropriate
'acknowledgement of credIt to lhe Slats and to aU cost-sharing partners for their support when
promotfng the Project or using any da18 and/or.lnfonnatlon developed under ths Agreement
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(d) Audit Reaulrernent: Pursuant to Government Code Sedlon 8546.7, the contracting
parties ~all be sub/ect to the examination and audit of the State for a period of three (3) years after
anal payment under this Agreement with respect to all mattars connected with the perfofmance of
this Agreement. inCludIng but nollimited to, the cosl of administering this Agreement. All 'records of
the Grantee or subcontractors shall be preserved for this purpose for at least three (3) years after
complellon of the Project.
(a) Comoetltfve BlddlnO of Contracts and Procurements: Grantee shall comply with all
applicable laws and regulations regarding securing competitfve bids and undertaking compe!ftlve
negotiations in Grantee's contracts with other enUties for acqulsitlon of goods. and services and
consl1ucllon 01 publlo works with funds provided by the Slate under this Agreement
in Flnallnsoectlon and Certfllcation of Reaistered Clva Enoineer (Construction Prolectsl:
Upon complellon of the Projeclthe Grantee shall provide for a final InspscUon and certlflcation by iii
Callfomia Registered CIVIl Engineer that the Project has been completed in accordance With
submitte(j IInal pfans and speciflcatJons and any modllloalfons thereto and In accordance with this
Agreement The Grantee shall MUIY the Offlce of Water Use Efficiency of the Department of Water
Resources of the Inspection dais at leest f 0 days prior to thelnspectJon in order to provide the Slala
the opportunity to participate in the JnspecBon.
A-I f.ACCOUNTING AND DEPOSIT OF GRANT DISBURSEMENT:
(a) Secarate Accounlfno of Slate Grant DIsbursements and tnterest Records
The Grantee shall account for the money disbursed pursuant to this Agreement separately
from all other Grantee's funds. The Grantee shall maintain audit and accounting procedures that
are in accordance With generally accepted accounBng prlnclples and practices. consistently appBed.
The Gr.mtee shall keep complete and accurate records of all receipts, disbursements, and Interest
eamed on expenditure. of sUGh funds. The Grantee shall require Its contractors or subcontractors
to malntilln books. records, and other documents pertinent to their work In accordance with
generally acceplad accounting princlples and pracllces. Records are subject to Inspection by the
Stste at any and all reasonabte Umes.
(b) DlsDOBItJon of Monev DIsbursed
All money disbursed pursuant to this Agreement shall be deposited. administered. and
accounted for pursuant to the el'DVlsions of applJcable law.
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(c) Remittance of Unexoanded Funds
The Grantee, within a period of thirty (30) days from the IInal disbursement from the Slate
to the Gnmtee 01 Slate Grant funds, shall remit to the Slate any unexpended funds that were
disbursed to th& Grantee under this Agreement and were not needed to pay Eligible Project
Costs. .
(d) Interim and Final Audits
The Slate reserves the right to conduct an audit at any lfme between the execution of this
Agreement and the completion of the Project, with the costs of such audit borne by the Slats.
After completion of the Project. the State may requIre the Grantee to conduct a flnal audit. at the
Grantee's expense, such audit to be conducted by and a report pnspared by an Independent
Certlffell P1JbllcAccountent
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Failtnlt or refusal by the Grantee to comply with this provision shall be considered a
substantial failure to comply with this Agreement. and ths Slats may eled to puraue any
remedies provided In Article A-5 or rake any other action it deems necessary to protect its
interesllf.
A-12. CLAIMS DISPUTE CLAUSE: Any claim Ihat the Grantee may have regarding the perlormance
of this agreement Including, but not limited to, claims for addltlonal compensation or extension of
time, shaD be submitted to the Director, Department of Water Resources, within thirty (30) days of
Ihe Grantee's knowledge of the claim. Slate and Grantes shall then altllmpt to negotfate a
resolullon of such claim and process an amendment to lhis Agreement to implement the terms of
any such resolution.
A-13.REMEDles NOT EXCLUSIVE: The use by either party of any remedy specifled herein for the
el)forcemsnt of this agreement Is not exclusive and Shall not deprlvethe party using such remedy of;
or limit the appllcatfon at any other remedy proVided by law.
A-14,STATE TO BE HELD HARMLESS: The Grantse agrees to IndemnItY the State and Its
afllcem, agenl:ll. and employees against and to hold tile same free and harmless from any and all
claims, demands, damages, rOSSEllI, costs, expenses, or lIabiflty due or Inddent to:either in whole or
in part. and whether directly or indirectly, arising out of the Project.
A-15.1NSPECTION OF BOOKS, RECORDS, AND REPORTS: During regularofflce houra, each of
the parties hereto and thslr duly authcrtzed representatlvss shall have ths right to Inspsct and to
make copies of any books, records, or reports of either party pertaining to this Agreement or matters
rehlled hereto. Each of the partfe\l hereto shall malnlain and shail make available at aU dmes for
such inspection acclIrate recOltls of all Its costs, dlsburaements, and receipts with respect to its
aotfVil/84 underthla Agreement FaMure or refusal by the Grantee to complywl1h this provision shall
be conll/dllr9d a substantl8/ faUUI1!l to comply wI1h this Agreement and the Slate may withhold
disbursements to the Grantee or lake any other action It deeme necessary to protect Its Interests.
A-18.1NSPECTlONS OF PROJECT BY STATE: The State shall have the right to Inspect the work
being perfonned at any and aU reasonable lime. during the term of the Agreement ThIs right shall
extend to any subcontracts, and the Grantee shaH Include provisions ensuring euch access in all Its
contracts or sllbcontracts entel1!ld Into pursuant to Its Agreement with the Stete.
A-17. PROHIBITION AGAINS'fOISPOSAL OF PROPERTY WITHOUT STATE PERMIsSION: The
Grantee shall not sell, abandon,lease, transfer, exchange, mortgage, hypothecate, or encumber In
any manner whatsoever all or any portion of any real or other property necessarily connected or
used In conjunction wI1h the Project, orwl1h the Grantee's service atwater, without prior permission
of the State. The Grantee shall not take any actfon. Including but not Umlted to actfons relating to
user fees, charges, and assessments lhat could adversely affect the ablllly of the Grantee to meet
Its obligations under this Agreement, without prior written permission of the State, The State may
require that ths proceeds from tile dlsposftlon of any rea' or personal property be remitted to the
Slats to be applied to the Grantee's Indebtedness under thIs Agreement
A-IS.NO THIRD PARTY RIGHTS: The parties to this Agreement do not Intend to create rights in. or
grant remedIes to, any third party as a benel/clary of this Agreement, or of any duly, covenant,
obllgatlon or undertaking established hel1!lln.
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A-19. NOTICES: AU notlces t!1at are required eithar expressly or by implications to ba given by ana
party to the otnsr undar this Agreamsnt shall be signed for the State by lis contracting ofl!cer and for
the Grantee by such ofl!cers, as from Uma to time, it may alJthoriZl!! In wrilfng to 50 act All such
notices shall be deemed to have been given if delivered personalTy or If enclosed In a properly
addreSlled postage-prepaid envelope and deposited in a United Slates Post Ofl!ca for delivery by
r~lstered or certilled mall.
A-ZO. PERFORMANCE AND ASSURANCES: Grantee agrees to faithftllly and expedltlolJslY perfalT'll
or cause to be performed all Project wori< as described in the final plans and speciflc:aUons as
submitted or as later amended and approved by the Slate under this Agreement and to apply State
funds nlCalved only to Eligible Project Coslll and to operate and maintain the Project In accordance
with applicable provisions of the law. In the ewnt the Stale finds it necessary to enforce this
provision or any right or power under this Agreement In the manner provided by law, Grantee ag_
Io pay an cosllllnclJlTlId by the State InclUding, but not limited to. reasonable attomeys' feee, legat
expenses. and coslll. The State reserves the rigilt to seek further written assurances from the
grentee that the wor1c of lhe Project under lhlS Agreement will be perfolT11ed COllslstent with the
teIT11. of this Agreement
A-21. SEVERABIliTY: In the event that any provision of this Agreement Is unenforceable or held to
be unenforceable, then the pardes agree that all other provisions of this Agreement have force and
effect and shall not be affected thereby.
A-22. WAIVER OF RIGHTS: None of lhe proviSions of this Agreement shall be deemed wa/vEld
unless expressly waived In writlng. It Is the Intention of II1s pardn hereto that from lime to lime
elthar party may waive any of Its righls undar thlll Agreement unless contrary to law. Any walvar by
either party htlnato of rtghls ariSing In connection with this Agreement shell not be deemed to be a.
walvarwith respect 11) any other righls or maltenl, and such provisions Shall contlnue In full forcs and
effect
A-23. TERMINATION WITHOUT CAUSE: The Slate maytermlnata thl. Agreernentwithoutc:alJlls
on 30 days advance Written nollce. The Grantee shaR be reimbursed for all reasonable expenses
InculTlld up to the date of temlnatlon.
A-24. TERMlNA TlON FOR CAUSe: The State may terminate thl. Agreement and be relieved of
any payments should the Grantee fall to perfonn the requ/remenls of this Agreement at the Ume and
In ths manner heraln provided Including but not limited to raasons of defelJlt under .011-25.
A.25.0EFAUL T PROVISIONS:
(a )Ths grantee will be In default uncler this agreement If any of the follOWing occur:
1. Substantlal breech 01 this Agreement, or any supplement or amendment to It. or
any othar agreement between the Grentee and the Slate evldencfng or securing
the Grantee's obllgatlons:
2. Makfng any false warranty, representation. or statement. with respect to this
Agreement; FalJuna to make any remittance required by thIs Agreement
3. Failure to make any remittance required by thIs Agreement.
(b) Should an event of defaUlt occur, the State may do any or all of the following:
11 Revised Ill127A:l3
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,
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Exhibit A
,'vlctropolilall IIlCClllivcs
( IOfllinued
"..."O-'y.T".'"''-----~ ~------
i Section I>eviee/ltem Continued
.....-.:::::i,-----=. -.~.~...._-----._...-I,lrll~DI,;dsc.;e~e.... ---- ===~.=-
r Wafer Use Accountability, ifusing Metropolitan's Prolessinnal Prott:clor
I Del A~ua (PPDAl thr tmining up to half the project cost. lIu"imum
1 term: :'I "r'cars
r.-.-- I Water l)!ill Accountability, if agency provides training similar to PPDA
1___ up 10 half the projc'Ct costs maximum term: 5 year~
I IV,lter 1,'.'0'" tn-",mhlhility: With', ilgt'nev {JrlwiJe.'f lwlll~r~/J.,"' ~'l'r_\"Il,f 'Wllter.I'I/I(~~el ('mn""nl"Ott.y Ifl 110 clrllrgf! /fJ.\'ile dW1Ier, property rtUJnager and
,/lmLbtf:t/f't!(.;Jt1trm:lor,
I Measured Water Savin s, it'u.in Metro !itan's PPDA li,r lrainin
Measured Water Savings. ,t'agene rov,dcs tralOl/I similar to PPDA.
rAit'u,~lm'd Waler /'IIIVUJ,j(.,: r(~rmi!$ IcmJ.n:ape .rile tiwnl!r 1(1 mflke W.'UlIttVl:r ('qufpmt.rt/ ""ffOlil,t iJ (tcem.f L'f)'Vl-~lJecttvl!.
G,!'f!~hrflr /lro/tic" en..! N(/'\'ed (u' wal/!r '''IIVUU(.f Vf!rtfil~J hv dl'llit:llft'{~ mdl'f:r. pClill tip If' J war.t..
.,
Incentive Amount I
$2.50 per acre/month
$3.50 per acre/month
HECW Customer Database Information
f},wba l:$
lti:.,-"", ....~ ~ <-:_
Agreement No,
Date of Report
Agency
For activity occurrtog be;-tween
Item Total
lao. Firat - ..... w_ p- v..,~~-;.."',.
Nam!. N.... lmUIl' S_. N.... PO$Itix UnlIlO CJtr Zip Code SUb_Ag Cod. p- Manllfa<turef ..... _I Fac10r Da.. ""~ c,
,-
'~
Filed by
certify the intormaUOn prOvided has been Y$"rdl1i,,:I,
ULFT - HE Toilet Customer Database Information
hhillil U
\ d" ht_l ~J.... ~.~
Agreement No.
Agency
Date of Report
For activity occurring between
Item Total
In, First ...... At... - UU'TIHE V.nr~
Nam. Ham. lfdUIi 5_", ~'m. Postfix UnIbO C"' Zip COde Sub_Ag Codll Pllo_ ~ufJau.rer MIke Toilet ......""
I
Filed by
t.e(tjty \be InfotnlAtion ptl)~lO.d ~ ~.n ...t1b4.a
\.......J
'.....,.-0
WBle Database Information
Exhibit B
....i$r:::.~............"t
Agreement No.
Agency __
Date of Report
For acti....lt)' occurnng between
Item Total
Flied Oy
certify the intonnation provlded hu b4Ntn \ler.tied..
Fht ...., ~ .... I ~-"~'.'''''"'''--
I.......pn~r U+IH.lIM - .-.. ...... UNtO c.~ "'"c_ -- c_ .............. - .... ..- llt.u.tlrlali~c.",: ~..
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California-Friendly Model Home Pilot Program
Customer Database Information
E:.:hibil H
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Date of Report
Agency
For actavity occurring between
Item Total
Part' ProjoGt Information Part UI California F....rid'Y ADOI.i:a~. Fi-Uunl$ and Qevice.. c.Qnt'dl .,
Builder Name 3. Wea&her-Baaed. CotW_ '.
. ~.:.
~Man~Jl~f Manutocllnr
Pro' Name -..
Loca'on No. ConItotlecs
rraet Number No dStatioos.
Total NUmber of CF Modflls Purdla.. Price
Pan II MOdel Homf Part IV CaJifomifl Fri&ndty Landscapin .
0 0 L IIIkmIlm ~:2 00& '" .;,?.t;.~ra:;~ .1'.... ~Sc.iI..:'~..,"',
Plan No
Addr8is BwiQer's OeilQt\er
0 Dale CFWf Pian ChP. a
Estimated Closil1 Oate ~ faCF ~m
. . of ad $.
Part III California Friendly A UaRCes, Fixtu.... and Dwices ..... """"... '"
l~trOPOIt~~ reqUIres g w~ 1gencle$: an on... .....,!CO""".. ...".", .~_""" PART V. Cak;u~tion of Estimated California FriendlY Incentiv.
of u~poned devlCe$..l
1. Hi h Elficien Toilets p"",,, CfMII.... """ 10 $2.500 eac.i1
Total number of toilets
T)'pa Dual-Flush Todet or 1 0 Gal Per Flush No, Proara.m Element Incl!n.{J.'.~
HJgh EfOOency T Diiets Ouat-Flusn Of one.g3l.oo per fll.o$fl Wri';i1 ..,
Manl.llac1.ure 1 UirMurll\5 Sl:':..r.:
Modal 2 HlQh EttlCloilncv CIOl1'le:50 WaDt\e1 6 v Wa.tef Fa.:;c.r LUT.,t one $0100 "'.
Price 3 vveather-Based IrngallCrfl Cdmn:xl8r 5200
, Cal,f~m,a F fn!ln.:r, l...n;)~ Imus! c.cm~; ,^,tn ~cn~~.f'':a~. :;.(",<>. ;0 8D,~'1'"
2. HiQI'l Efficien Clothes Washer
(MocfeI& Imm ha...e a WaiN FaeIor of 6.0 (l( leu
Manufacture
"'_,
WalerFactor
Purchas.e Price
Method of Verifu:.aUon
Filed by
~ltify u-.. information prOvided has bee:n ventla-g.
Prop 13 WBIC Database Infonnation
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Agreement No.
Agency
DaLe of Report
For activIty oc.curnng between
Item Total
fuea by
certjfy the information pro'W'icted has been verlfi.ed.
Fin-I ::- ~:.':. ".Nc_oI ---~~-...."n--
I~..."c~ LA.I~ ...... ....... 'H'" ""'" C,,>, Z1pC.lIc1e ,- ......",&tI,_ ~_.... - I - KnUlI"_ 0."'; !!Wl'~.
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Exhibit C
Conservation Credit InVtllCC
Conservation Credit
Metropolitan Water District of Southern California
TOO North Alameda
Los Angeu, CA 90012
Invoice
Activity Period
Date:
Member Agency
Agreement No,
r Member
Grant Agency. Number of Items
Quantity Item UnrtPric, ' Item Total Met Fundina Contribution Contribution Verified'
I
fomments:
frotallnvoice $
Rebate Activi
Cost Breakdown
rebate Cost
jarketing
,r dminislration
bther
I
/$
/$
/$
/$
, General Manager or designee of certify that the
nfonnation provided is verified, in accordance with the guidelines provided in section 7 of the Agreement, by our stalffagent
~o has no conflict of interest in the verification.
Note: fotal credit amount may differ due to database information received.
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Agreement No, 4600003098
1. Demand the State Grant be immediately repaid. with Interest. which shaH be equal
to the State ot Calltomla general obligation bond interest rate in effect at the tll'lltl
ot the default;
2. Terminate any objlgatlon to maks I'Utum payments to the Grantee;
3, TermInate the Agreement; and
4. Take any other action that It deema necessary to protect Its Interests.
(c)The Grantee agnsesll1at any remedy provided In thia Agreement ialn addition to and not
in derogation ot anyolher legal or equitable remedy avellable to the State as a result of a breach of
this AQreement by the Gran tee, wf1ether such breach occurs befont or after completion of the
Pro~ .
(d)No waiver by the State of any breach or default win be a waiver of any breach or default
occun1l1g later. A waiver will be valid only it signed by the Slate or ite authorized agent
A-26. CONFLICT OF INTEREST:
(a) Cunent State Emolovees:
(1) No State ortfcer ar employee shall engage In any employment. actMty or
enterprise from wf1lch the ofllcer or employee receives compensation or has a t1nanclallnterest and
wf11ch IS sponsol'ltd or funded by any Slate agency, unless the amployment, actIVIty or anterprise is
requll'ltd as a condition ot regular Slate employment.
(2) Na Slate officer or employee shan contract on hie or her own behalf as an
independent contractol' with any Slate agency to pr0vfd8 gooda or services.
(b) Former State Emolovees: .
(1) For the two year period from the data he or shelelt Slam employment, no former
Slate offlcar or emplayee may enter Into a contract In wf1lch he or she engaged In any ot the
negotiations, transsc:tlons, plannIng, arrangemente or any part of the declalon-maklng process
relllYant to the contract while employed 111 any capacity by any State agency.
, (2) For the lwe/vlHllOnth period from the date he or she left State employment, no
former State offlcer or employee may enter Into a contract with any Stete agency If "e or she was
employed by li1at State agency-1tI apollcy-maklng posi1lon 1'11/1e same general subject al'ltS as the
proposed contract within lI1e twelve-month period prior to hi. or her leaving State Service
A-27.WORKERS' COMPENSATION CLAUSE: The Grantee afflrmll that it is awant at tha
provisions ot Section 3700 of the CalifornIa LaborCode, which require everyemp/oyer to be insured
119l1lnst Rablllty for workers' compensation or to undertake self-Insurance In accordance with the
provisions ot that code, and the Grantee affilTl1$ that it wiD comply with such provisions befont
commencing the performance ot the work under this Agreement and win make Ita contractors and
subcorrtractors awel'll of this provlsfon.
A-28.AMERICANS WITH DISABILiTIES ACT: By signIng this Agreement. Grantee assul'lls the
State that It comp"es with !ha Amerlc:ans with DissbiUtles Act (ADA) of 1990, (42 U.S,C. 12101 et
seq.), wf1lch prohIbits discrimination on the basIS of disability, as waR as an applicable regulatlons
and guidelines IsllUed pursuant to the ADA.
12
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A-29. DRUG-FREE WO~KPLACE CERTIFICATION:
(a) CfJrtifleaUon of ComOllance
By signing this Agreement, the Grantee, its conlnlctors or subcontractors hereby certlfy under
penally ot pe~lJry under lhelaws at the State at Califomia compliance with the requirements at the
Drug-Free Wolkplace Act of 1990 (Government Code 8350 et seq.) and have or willlJl'Ovfde a drug.
free wOlkplace by taking the following acllons:
1. Publish a statement notJMng employees, contractors and subcontractors that
unlawful manufacture, dlstl1bulfon, dlspenliatlon. possessIon. or use of a controlled substance is
prohibited and specilyfng acllons to be taken against employees, contractors or subcontractors for
VIolations, as required by Govemment Code SecUon 8355(a},
2. Establish a Drug-Free Awarenell8 Program, as requIred by Government Code
Section 6355(b) to inform employees. contractors and subcontractors about all ot the follOWing:
(a)The dangers o( drug abuse In the wotkplace,
(b)The Grantee's policy of malnteining a drug-free wolkplaca,
(c)Any aVIiI/labla counsalinq. rehabllltallon and employee asslstai1ce programs. and
(d) Pllnaltles that may be Imposed upon employees. contractors or SlJbcOn!ractors
(or drug abuse violations.
3. Provide, as required by Government Code Sectlon 8355(c), that every employee,
contractor and subconlnlctor who walks under this Agreement
(a) Will receive a copy of the Granlae's drug-fi"ee policy statament, and
(b) Will agree to abide by tarrnl5 of the Grantee's condItion of employm6n~ contract
or subcontract
(b) SUSOIlns/on of I"svrnents: This Agreement or Sliite Grant may be subject to suspension o(
pSyrTllfnts or tarmInEUlon, or both, and the Grantee may be subject to debarment If the Department
determines !hat
1 . The Grantee, its contractors or subcontractors have made a falsa cerlfflcatlon, or;
2. Grantee. it!I contractors or subcontractors violates the certification by failing to
carry out the requirements noted above.
A-30. NON DISCRIMNATlON CLAUSE; Ourfng the performance o(thls Agreement, the Grantee. its
contractors and subcontractors shell not deny the Conlnlct's beneflts to any person on the basis of
religion, coICr, ethnic group Idantl1lcatlon, sax, age, physical or mental dlsablHty, nor shall they
dIscriminate unlawfully against any employee or applicant forernployment because of race. religion,
color, naUonsl origin, ancestry, physical handicap. mental disability, medical condlllon, marttal
stetus, age, or sex. The Granq,e shell Insure that the evaluation and treatment of employees and
applicants for employment are treeof such dlscrfmlnation.
The Glllntee, Its con1rllctors and subcontractors shalf comply with the provisions of the Fair
Empfoyment and Housing Act (Government Code, Section 12900 et saq.), the regulations
promulgated Ihereunder (California Code of Regulations, TItle 2, Section 7285.0 et saq.), the
provisions of Article 9.5, Chapter 1. Part 1, OMslon 3, TItle 2 of the GOVllmmant Code (Oovemment
Code, Sections 11135-11139.5) and tha regulations or standards adopted by the awarding Stale
Agency to Implement such article.
The Grantee, its contractors and subconlnlctors shall give written notice of their obligations
under thIs clause to labor organizations with which they have a collective bargainIng or other
agreemen~
The Grantee shall Include tha nondIscrimination and compliance provlslons of this clause In all
contracts and subcontracts to perform walk under the Agreement.
Agrsement No. 4600003098
13
Revf&ed 1t:V271l13
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Agreement No. 4800003098
The Granlel!l', signature on this Agreemenlshall consUtute a certl1lcatJon under the
penaily of paliury under the laws of the Stale of California thallhe Grantee has, unless
exempted, complied with the nondlsclimlnation program requirements of Government Code,
Section 12990. and Tille 2. California Code of Regulatlons. Sectfon 6103.
A-31,UNION ORGANIZING: No State I'I.Inds disbursed by this Slate Grantwlll be U$ed to assist.
promote. or deter uniOn o~ganlzlng. If Grantee makee expenditures to aesist, promote. o~ deter
union o~anjzing. Grantee WIll mainlaln records sufflclent to show that no Slate funds were used for
those expenditures and that Grantes shall provfde those records to the Attorney General upon
r'eqtJest.
"
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EXHIBIT B
STATEMENT OF WORK-TASKS & TIMElINE
460000309'
The Metropolitan Water Dlstrlct of Southern California
Agreement No. 4800003098
Project Description
This grant with The Metropolitan Water District of Southem California (MWD) is to
implement an incentive program to promote the purchase and Installatfon ofweather-based
Irrigatfon controllers. The project's principal objective is to install approximately 5.500
weather-based Irrigation controllers in residential and small commercial landscapes
throughout Metropolitan's service area (excludIng Orange County).
It is anUcipated that weather-based Irrigation controllers will save water by changing
Irrigation Schedule$ more frequently and accurately than traditfonal controllers. which need
to be manually adjusted by end-users. Projected potential weter savings for this program
are about 27,500 AF over the estimated 1 a-year useful lifetime of these devices.
MWD is the Principal Applicant for this program and will act as Program Administrator,
distributing Incentives reglonaUy to participating customers through its member agencies.
MWD wllJ also work In collaboration with East Bay MunIcipal Utlllty District (EBMUD),
whose proposal has also been funded. The MWDlEBMUO partnership will beneflt aU
parties with program cost economies, management efficiencies. negotiating and
purchasing strength, unlfonn data tracking system. and universal marketing.
TWo prima/}' program implementation methods will be used:
1. Self-Install by the end user, coupled with training and a voucher/rebate; and
2. Direct-Install by member agency staff and/or an Independent. quallfled
Installation crew.
Other variations on these tv.iQ'methods may evolve, depending on local situations and the
resourcas of participating agencies Implementing this program.
Project Objectives and Dellverablas
Project goals and objectives include:
· Installation of up to 5,514 weathe....based irrigation controllers at residential and
small commercial, Industrial and Institutional landscapes In Southem Califomia.
Marl<et response wlU determine the actual number and dlstrlbutlon of commerciaI'
and residential controllers.
. Projected potential water savings of 27,500 AF over 10 years.
· Inter-regional collaboration in support of statewide marl<et transfonnatlon.
15 R.med 1(V,l7tl13
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Agrellll1ent No. 4800003098
EXHIBIT B
STATEMENT OF WORK - TASKS, TIME LINES
4600003098
The Metropolitan Water District of Southern California
Project dellverables In<:tude:
· Installed weather-based irrigation controllers.
· Tracking of water consumption data. .
. QuarterlY progress reports and annual program evaluation reports.
. Flnal report at the end of the 3-year program life.
In additlon to the deliverable items mentioned above. MWD (in colleboration with
EBMUD), will disseminate the knowledge gained and relevant data acquired from this
program through the fonowing means:
· Web sites and water planning conferences;
· American WaterWorks Association conferences;
. CalifornIa Urban Water Conservation Council;
. Landscape and green Industry associations;
. Executive management or boards of directors of MWD Member Agencies; and
. Press releases.
Task LIst and Time Une
The following Is a general procedure for this program:
.1. The program Is projected to run for'3 years. Including a six month start-up period.
2. MWD prepares program operations, monitoring and assessment piaf'.
3. MOUa and/or agree~eiiti executed between MWD and participatl~ member
agencies.
4. ParticIpating agencies select fmplefTIentatlon method suitable to their service
area, and manage development of local marketing tools and resources.
5. A program team will develop general product specifications for weather-based
controllers.
6. Quarterly reports are generated for assessment and monitoring purposes.
These reports are used for adaptive management purposes.
7. MWD prepares and submits program evaluation reports annually.
B. MWD submIts a final report upon completion of the project.
15
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Agreement No. 4600003098
EXHIBIT B
STATEMENT OF WORK - TASKS, TIMELINES
4600003098
The Metropolitan Water District of Southern California
The following table III a general lime line for the major tasks:
General Descripllon Schedule Schedule Schedule
Task Year 1 Year 2 Year 3
(Months)
1 Contract Executed and Project begIns 1
2 Develop Product Specitlcatlons 2-3
3 Develop Data Collection Protocol and
Program Detabase 2-9
Produce Templates for Program
4 Documents
(Data Collection Forms, Reports and
Invoices) 2-4
5 Program Markelfng and Production
Planning 2-6
6 Develop Program Operations Plan 2-6
7 Develop and Implement Monitoring
and Assessment Plan 2 - onQolna onaolna onaoina
Participating Agencfes Detlne Criteria
8 end Select Qualified Contractors to
Conduct orl'!H;t IAataUatlons 2.4 . onaellne;' onooing
Develop TraIning for Program .
9 Partlclpallon 2-4
10 Program Kick Off, Installations; and
Rebates Begin 4- oncoino onaolng ongoing
Beg/nnlng
11 Quarterfy Report and Invoice 111 qtr after 28.
Submitted to DWR project 16. 31.34,37.4 .
bee/ns - 13. 19.22 25 1
End ot End of
12 Annual and Final Program Evaluation Each Each
Results Submitted to DWR Contract Contract
Year Year Final,43
17
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Agreement NO. 4600003098
EXHIBIT B
STATEMENT OF WORK - TASKS, TIMELlNES
4600003098
The Metropolitan Water District of Southern California
Project Assessment and Monitoring
Project assessment and monltoling is conducted by:
. Oeveloping and maJntaining a centralized relational program database
. Performing veriflcation Inspections
. Conducting customer satisfaction surveys
. Administering a full-scale process and Impact program analysis
The centralized database wfll be used to generate project status reports on a quarterly
basis for comparison against project Implementation targets. Yearly reports and a final
project report will also be created from the database.
The followfng questions will be addrassed as part of the Process and Impact Evaluation
(final report):
. How effective are the different methods of Implementation (self-install vs. direct-
install) in gaining customer participation?
. What Is the net change in water use attributable to Installation of weather-based
Irrlgatlon controllers?
. Was this rebate program cost-effective and sustainable?
PhaSed Implementation
Assessment and monitoring. ~ this project will be conducted In three phases. Phase /.
which wUl be conducted during Ihe Initial months of Implementation. will develop the
researoh approach, draft program documents and Interview instnJments, establish a data
collection protocol, and produce a product specification for weather-based Irrigation
controllers.
During Phase II (beginning in month three and concurrent with parts of Phase I through
month 9). participating agencies will seek to define customer participation and potential
water-saving targets. Also, preliminary evaluation results will be produced to provide
feedback Into program design. thus Improving overall program effectiveness.
Phase III (month 19 through project conclusion) will involve a hfgher-resolutlon examination.
of the performance of controllers and implementation methods In order to address
questions of potential impacts jf applied 10 other customers and/or water agencies.
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Agreement No. 4600003098
EXHIBIT B
5T ATEMENT OF WORK - TASKS, TIMEUNES
4600003098
The Metropolitan Water Dlstrlct of Southern ea/itom/.
Methodology
The actual aSsessment methodology to be used will be determined during Phases
I & II. the methods for monitoring water-saving performance of weather-oased
controlfers may Include;
· Data collection and analysis; Customer and controller data will be collected and
entered Into a database.
. A sampl. set, representing a cross-section of the types of contrallers instal/ed
under this program will be Identitled for monitoring. The following Information wil/
be monitored for. this sample set
a. Baseline historical water use Information, if available;
b. Actual water use for duration of this program; and
c. Comparative evaluatlon of historical vs. actual water use to estimate water
savings,
. Survey Instruments may also be used to determine customer satisfaction with
irrigation controllers.
A monitoring and assessment plan will bll delIVered to DWR by the end of month 9.
Project Reportfng
Once the appropriate monitoring methodology Is Identffled and developed and project data
becomes available, quarterfyprogresa reports to OWR will Include water savings
projectIons. Comperlsons between pr. and post-InstallatIon water use, however, wIll be
addressed In annual progress reports.
PotentIal database fields may Include fdentfflcal'/on of customer partlclpants, verif1catlon of
controller installations, determination of baseline consumption, determination of Irrigation
budgets, estimated water savings potential, tracking of water consumptlon and costs for
duration of grant program. This database will serve to later evaluate project effectiveness
(in terms of costs and w,ater savings).
19
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EXHIBIT a
STATEMENT OF WORK- TASKS, TIMELINES
4600003098
The Metropolitan Water Dlstrfct of Southern California
Agreement No. 4600003098
A oomprehenslve summary of results will be provided as part of a final report, which will
assess overall project effect/veness, measured not only in terms of actual water saved
vel'$Us project expenditures, but also address advantages and challenges experienced with
each implementation method, the relative water-saving performance ofvarlous types of
weather-based irrigation controllers. the apparent impact of signal fees on customers'
controller choice and persIstence of waier savings, and the ease to the end-user of
oontroller fnetallallon and programming. An effort will also be made to estimate decline
rates in water savings over time by type of controller.
Methods of Installation and Follow-up
Quarterly reports wlllldentlfy the number of rebates Issued under each type of Installation
method (self..jnstall ordfrect-instaU), and the type of applicatlon (commercial or rasldenlfal).
Additionally, MWD and Its member agencIes will conduct a sample number of random site
Inspections as a control measure to physically verify Installation of rebated controllers.
These Installation verffications will be reported In the quarterly and annual reports.
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Agreement No. 4600003093
EXHIBIT C
BUDGET
4600003098
The Metropolitan Water District of Southern California
Bud et
Funds requested at the lowesllevel
and "ranted state's share
Applicanlfunds pledged (agency +
customer
Total nfeet Costs
$1,778,700
$1.072,933
2.851 633
Extended costs at "low level"
.
Approxlm..te DWR DWR MWD Cost Total Pro/Kt
Budllst Itllms T olal Units Cost/unit Grant Sh..... COlIta
Administrative Costs $342 015 " $34S 000 $687 015
Reblts Costs: Un to 5514
R.sfdsnll..r Contrails,. Direct
laooroxlmats totlll unltsl Install 1.441 $23S $338 835 $93 665 $432300
Self-
InstaJI 3820 11110 $583 200 $228 800 $792,000
Direct
Instan 108 $1150 $121.900 S13 992 $135.892
Commercial Contro/lsn:
12-24 SllIlIons Self-
Isaan:'Jdmats lolll. unital 'nstan 201 $550 $110550 $28 532 $137082
DIrect ". . -
Inslall 53 $1700 $90 100 S13'992 5104 092
Commerclal Controllen:
24-48 Slatlons Self-
(aDllrax/mata llltal units) Install 193 $1100 S212300 $50 962 1263 252
QtJ1., Program
Implem.ntatlan Cans .
(mar1<lltklq, admlnlstrallve
eosla by 8Ilenclee, tmlln{l
workshoosl $.300 000 $300 000
TOTALS Un fa5 514 Sl.na 700 S1 on 933 52 a51 633
21
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Agreement 4600004214
Water Use Efficiency Grant
Residential Clothes Washer Rebate
STATE OF CALIFORNIA
THE RESOURCES AGENCY
DEPARTMENT OF WATER RESOURCES
AGREEMENT BETWEEN THE STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
AND
METROPOLITAN WATER DISTRICT OF SOUTHERN CAlIFORNIA
FOR A WATER USE EFFICIENCY GRANT UNDER THE
PROPOSITION 50, WATER SECURITY, CLEAN DRINKING WATER,
COASTAL AND BEACH PROTECTION ACT OF 2002.
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
STATE OF CALIFORNIA
This Agreement is entered into between Ihe state of California, acting by and through Ihe
Department of Water Resources, (State) and the Metropolitan Water District of Southern
California, (Grantee).
The Stale and Grantee agree as tollows:
SECTION 1. PURPOSEOFGRANT
This State Grant is made by Ihe State to the Grantee to assist in financing an Urban Water
Conservation Project pursuant 10 the California Proposition 50, Water Security, Clean
Drinking Water, Coastal and Beach Protection Act of 2002. This Grant program implements
Water Code Chapter 7, Section 79550(g) of Proposition 50.
Grant funds may be used only as provided in this Agreement for such Eligible Project Costs
as set forth in the Project description and Budget, copies of which are incorporated herein
Exhibit 8, "Statement of Work" and Exhibit C, "Budger.
SECTION 2. TERM OF STATE GRANT
The term of this Agreement is from the date of execution of this Agreement through
December 30,2008.
SECTION 3. PROJECT COSTS
The Total Project Costs (identified in Exhibit C) are estimated to be $3,652,000.00.
SECTION 4. STATE GRANT
Subject to the availability of funds, the State will grant to the Grantee in accordance with the
terms of this Agreement an amount not to exceed $1,660,000.00 for Eligible Project Costs.
SECTION 5. GRANTEE'S COST SHARE AMOUNT
The Grantee agrees to fund the difference, if any, between the estimated Project Cost
(Section 3) and the State Grant (Section 4). Grantee's Costs are estimated 10 be
$1,992,000.00.
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
SECTION 6. I NCORPORA TION OF STANDARD CONDITIONS AND GRANTEE
COMMITMENTS
In addilfon to Exhibits Band C. this Agreement incorporates Exhibit A, "Standard Terms'.
The Grantee accepts and agrees to comply with all terms, provisions, conditions, and
commitments of this Agreement. including all incorporated documents. and to fulfill all
assurances, declarations, representations and statements made by the Grantee in the
Application, documents, amendments and communications filed in support of its request for
financing.
SECTION 7. CONDITIONS FOR DISBURSEMENT
The Grantee shall meet aU conditions for disbursement of money under this Agreement,
including the provisions of Exhibit A-6. Failure by Grantee to comply may, at the option of
the State, result in termination of the Agreement.
SECTION 8. PROGRESS REPORTS AND STATEMENT OF COSTS
The Grantee shall submit Quarterlv progress reports, January 15, April 15, July 15, and
October 15, on the status of the Project and a Statement of Costs to the Department of
Water Resources. The submittal and approval by the State of these reports is a requirement
for continued disbursement of State Grant funds. Progress reports shall summarize the work
completed during the reporting period, include a statement of progress toward completion
compared to the Project schedule, and provide a comparison of costs to date compared to
the approved scope of work and Project budget.
SECTION 9. FINAL REPORTS
The Grantee shall submit a Draft Final Report on Project completion or termination and
expenditures for the State's review and comment. The Draft Final Report shall be modified
to incorporate the State's comments, if any, and resubmitted, as Final Report within sixty
(60) days of the Grantee's receipt of the State's comments. The Grantee shall also submit
post-completlon Annual Reports and Updates. Reports will follow the format requirements
set forth in Exhibit B, Attachment 1.
SECTION 10. OPERATIONS AND MAINTENANCE OF "CONSTRUCTION" PROJECT
In consideration of the State Grant, the Grantee agrees, for the useful life of the Project, to
expeditiously commence and to continue operation 'of the Project and shall cause the Project
to be operated in an efficient and economical manner; shall provide for all repairs, renewals,
and replacements necessary to the efficient operation of the Project; and shall cause the
Project to be maintained in as good and efficient condition as upon its construction, ordinary
and reasonable wear and depreciation excepted. Refusal of the Grantee to operate and
maintain the Project in accordance with this provision may, at the option ofthe State, be
considered a material breach of Agreement and may be treated as default under default
provisions Exhibit A-25.
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
SECTION H. RELATIONSHIPS OF PARTIES
The Grantee. rts contractors. subcontractors, and their respective agents and employees
required for performing any work under this Agreement shall act in an independent capacity
and not as officers, employees. or agents of the State.
The Grantee is solely responsible for planning and implementation of the Project. Review or
approval of plans, specifications, bid documents or other construction documents by the
State is solely for the purpose of proper administration of State Grant funds and shall not be
deemed to relieve or restrict the Grantee's responsibility.
SECTION 12. PERMITS, LICENSES, APPROVALS AND LEGAL OBLIGATIONS
The Grantee shaD be responsible for obtaining any and all permits, licenses and approvals
required for performing any work under this Agreement. including those necessary for
planning and implementing the Project. The Grantee shall be responsible for complying with
all applicable federal, State and local laws, rules or regulations affecting any such work,
specifJcally including, but not limited to, environmental, labor, procurement and safety laws,
rules, regulations and ordinances.
SECTION 13. GRANTEE'S RESPONSIBILITIES FOR WORK
The Grantee shall be responsible for work and for persons or entities engaged in work.
including. but not Jlmited to, subcontractors, suppliers and providers of services. The
Grantee shaH give personal supervision to any work required under this Agreement or
employ a competent representative, satisfactory to the State, with the authority to act for the
Grantee. The Grantee or its authorized representative shall be present while work is in
progress. The Grantee shall be responsible for any and all disputes arising out of its
contracts for work on the Project. including but not limited to bid disputes and payment
disputes with the Grantee's contractors and subcontractors. The State will not mediate
disputes between the Grantee and any other entity conceming responsibility for performance
of work.
SECTION 14. PROJECT OFFICIALS AND NOTICES
The Chief, Office of Water Use Efficiency and Transfers, Department of Water Resources,
shall be the State's representative and shall have the authority to sign Agreement and
amendments to the Agreement, if needed, and to make determinations with respect 10 each
controversy or discrepancy arising under or in connection with the interpretation,
performance, or payment for work performed under this Agreement.
The Grantee Project Director shall be An'!,.~w 11..<
The Grantee Project Director shall be the Grantee's representative for the administration of
Ihe Agreement and shall have full authority to act on behalf of the Grantee. including
authority to execute all payment requests. All communications given to the Project Director
shall be as binding as if given to the Grantee.
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AgreemenI4600004214
Waler Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
Either party may change its representative upon written notice to the other party.
Notices required to be given to the State in writing by the Grantee under this Agreement shall
be sent to:
State of California
Department of Water Resources
Office of Water Use Efficiency and Transfers
Attention: Project Manager
901 P Street, ROOm 313A
Post Office Box 942836
Sacramento, Califomia 94236-0001
Notices required to be given to the Grantee in Wliting by the State under this Agreement shall
be sent to:
Maria G. Biel (213)217-6416 mhiel~mvdh?o.com
(Representative, Telephone Number and E-mail)
Metropolitan Water District of So. CA
(Agency Name) p.o. Box 54153
(Mailing Address)
LOB An2Alea~ CA qOO-nl~l
(City, State, Zip Code)
A change of address for delivery or notice may be made by either party by written notice of
such change of address to the other party.
All such notices shall be enclosed in a properly addressed, postage prepaid envelope and
deposited in a United Slates Post Office for delivery by registered or certified mail.
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Agreemenl4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
and Sufficiency:
Metropolitan Water District of So. CA.
GRANTEE
By ~n.,~ "f\. ~ \"'L.\\loln
Signature Date
~t~vhPh N~ Ar~WR~~
Printed Name
Manager, Water Resource Management Graul
Title
P.O. Box 54153
Address
Los Angeles. GA 90054-0153
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
API'ROYBD AttTO PClJlW
lCJahdln
By
Chief, Office of and
Transfers
--':!Itta#1t :r: &tI~<rr
Printed Name
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
STATE OF CALIFORNIA
THE RESOURCES AGENCY
DEPARTMENT OF WATER RESOURCES
EXHIBIT A
STANDARD T,~.RMS
URBAN WATER CONSERVATION GRANTS
A-l. GOVERNING LAW; This Agreement is governed by and shall be interpreted in
accordance with the laws of the State of California.
A-2. TIMELINESS: Time is of the essence in this Agreement.
A-3. AMENDMENT: This Agreement may be amended at any time by mutual agreement of
the parties, except insofar as any proposed amendments are in any way contrary to
applicable law. Requests by the Grantee for amendments must be in writing stating
the amendment request and the reason for the request.
A-4. SUCCESSORS AND ASSIGNS: This Agreement and all of its provisions shall apply to
and bind the successors and assigns of the parties hereto. No assignment or transfer
of this Agreement or any part thereof, rights hereunder. or interest herein by the
Grantee shall be valid unless and until it is approved by the State and made subject to
such reasonable terms and conditions as the State may impose.
A-5. ELIGIBLE PROJECT COSTS: Grantee shall apply State Grant funds received only to
Eligible Project Costs. as identified in Exhibit C.
A-6. CONDITIONS FOR DISBURSEMENT: The State shall have no obligation to disburse
money under this Agreement unless and until the Grantee has satisfied the State that
the disbursement is in accordance with the requirements of the Water Code
Chapter 7, Section 79550(g) of Proposition 50, and the following:
(a) For Construction Projects, the Grantee submits to the State, final plans and
specifications certified by a California Registered Civil Engineer or equivalent
documentation as to compliance with the approved Project.
(b) The Grantee submits a written statement by an authorized representative that it
has obtained all necessary permits. easements. rights-of-way and approvals as .
may be required by other state, federal, and/or focal agencies. as specified in
Section 12 of this Agreement.
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
(c) The Grantee demonstrates compliance with the California Environmental
Quality Act and the National Environmental Policy Act by submilling copies of
any environmental documents, including environmental impact reports,
environmental impact statements, negative declarations, mitigation
agreements, legal notices and environmental pennits as may be required prior
to beginning the Project.
(d) The Grantee submits timely progress reports, annual reports, and annual
updates as required by Section 8 of this Agreement.
(e) The Grantee demonstrates continuing availability of sufficient funds to complete
the Project.
A.7. STATE GRANT DISBURSEMENTS:
(a) Cost Statements: After the Conditions for Disbursement, Section A-6, are met,
the State will disburse the whole or portions of the State Grant commitment to
the Grantee foHowing receipt from the Grantee of a statement or statements of
incurred Eligible Project Costs, reviewed by the Grantee's designated
representative, and timely progress reports as required by Section 6 of this
Agreement. Requests for State Grant funds shall be filed quarterly or for such
periods as the State and the Grantee may mutually agree. The Grantee shall
provide the following infonnation:
(1) A statement of the incurred Eligible Project Costs for work perfonned
under the Agreement during the period identified in the particular
statement and which matches the Budget in Exhibit C and tasks in
Exhibit B.
(2) A statement of the cost of any Interests in real property (land or
easements) that have been necessarily acquired for the Project during
the period Identified in the particular statement for the implementation of
the Project.
The Grantee shall submit two (2) copies of quarterly progress reports and
2 copies of statement of costs associated with work accomplished during that
quarter, as well as 2 copies of invoice to the:
Project Manager
Department of Water Resources
Office of Water Use EffICiency and Transfers
901 P Street, Room 313A
P.O. Box 942836
Sacramento, CA 94236-0001
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
The statement of costs must be detailed and provide supporting documentation
for both State and Local Share of costs for each quarterly progress report.
Statement of costs shall be submitted in arrears, bearing the Agreement
number.
The Grantee must also submit one (1) original copy of each invoice
simultaneously to:
DWR Accounting Office
Contracts Payable Unit
Post Office BOlC 942836
Sacramento, CA 94236
All progress reports, statement of costs, and invoices must be on the Grantee's
letterhead. have agency name, project title, Agreement number, invoice
number, and the quarter and tasks for which progress reports and invoices
cover.
(b) Disbursement: Disbursements are subject to the availability of funds and
budget contingencies. Following the review and approval of each statement of
costs, the State will disburse to the Grantee the amount approved, subject to
the availability of funds through the State's normal procedures. Funds will be
disbursed by the State in response to each approved statement of costs on a
pro rata basis in accordance with the relative payment obligations of the
Grantee. Section 5 of this Agreement. and the State, Section 4 of this
Agreement for the Project Costs, Section 3 of this Agreement. Any and all
money disbursed to the Grantee under this Agreement and any and all interest
earned by the Grantee on such money shall be used solely to pay Eligible
Project Costs.
Along with submittal of Draft Final Report, Grantee shall submit to the State a
final statement of costs for incurred Eligible Project Costs.
A-8. WITHHOLDING OF GRANT DISBURSEMENTS BY STATE
(a) Withholdina Clause: The State, at its discretion, may withhold ten percent
(10%) of the funds requested by the Grantee for reimbursement of eligible
Project Costs until the Project is completed and Final Report is received.
(b) Additional Conditions for Withholdina: If the State determines that the Project
is not being completed substantially in accordance with the provisions of this
Agreement or that the Grantee has failed in any other respect to comply
substantially with the provisions of this Agreement. and if the Grantee does not
remedy any such failure to the State's satisfaction. the State may withhold from
the Grantee all or any portion of the State Grant commitment and take any
other action that it deems necessary to protect its interests.
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Agreement 4600004214
water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
(c) Withholdina Entire State Grant Commitment: If the State notifies the Grantee
of its decision to withhold an of the State Grant commitment from the Grantee
pursuant to Subdivision (b) of this Article, this Agreement shall terminate upon
receipt of such notice by the Grantee and shall no longer be binding on either
party.
(d) Withholdina Balance of State Grant Commitment: Where a portion of the State
Grant commitment has been disbursed to the Grantee and the State notifies
the Grantee of its decision to withhold the balance of the State Grant, the
portion that has been disbursed shall thereafter be repaid immediately with
interest, as directed by the State. Refusal of the Grantee to so repay may, at
the option of the State, be considered a material breach of Agreement and may
be treated as default under Default Provisions. Exhibit A.25.
A-9. DOCUMENTATION OF PROJECT BENEFITS AND COSTS
Actual Water Savinas and Other Benefits and Costl: The Grantee shall submit Annual
Reports of Benefits and Costs after the first operational year has elapsed and report
any other benefits such as water savings. water quality, flow and timing, and any
other/additional benefits and costs resulting from the Project, as detailed in the
Exhibit B (8-6, Benefits: B-1, Deliverables; and B-8, Schedule for Progress Reports &
Payments), and Exhibit C to the project manager. If appropriate, the Grantee shall
revise the estimate of water savings based on records of each consecutive year for
fIVe years. Estimates shall include total annual water savings, net annual water
savings, and costs. The report shall also include a description of how the water
prodUced by the Project is being utilized. This recording and reporting process shall
be subsequently repeated for a total of five (5) consecutive operational years.
A-10. TIMING AND MANNER OF PROJECT UNDERTAKING
(a) Proiect Undertakina pursuant to Aareement: The Project shall be undertaken
in strict accordance with this Agreement.
(b) Determination of Proiect ComDletion: For the purposes of this Agreement, the
Project shall be considered to be completed or to be terminated when so
determined by the State.
(c) Acknowledaement of Credit: The Grantee shall include appropriate
acknowledgement of credit to the State and to all cost-sharing partners for their
support when promoting the Project or using any data and/or information
developed under the Agreement.
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Agreemen14600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
(d) Audit Requirement: Pursuant to Govemment Code Section 8546.7, the
contracting parties shall be subject to the examination and audit of the State for
a period of three (3) years after final payment under this Agreement with
respect to all matters connected with the performance of this Agreement,
including but not limited to, the cost of administering this Agreement. All
records of the Grantee or subcontractors shall be preserved for this purpose for
at least three (3) years after completion of the Project.
(e) Comoetitive BiddinG of Contracts and Procurements: Grantee shall comply
with all applicable laws and regulations regarding securing competitive bids and
undertaking competitive negotiations in Grantee's contracts with other entities
for acquisition of goods, and serviCes and construction of public works with
funds provided by the State under this Agreement.
(f) Finallnsoection and Certification of Reaistered Civil Enaineer (Construction
Proiects): Upon completion of the Project the Grantee shall provide for a final
inspection and certification by a California Registered Civil Engineer that the
Project has been completed in accordance with submitted final plans and
specifications and any modifications thereto and in accordance with this
Agreement. The Grantee shall notify the Office of Water Use EffICiency and
Transfers of the Department of Water Resources of the inspection date at least
10 days prior to the inspection in order to provide the State the opportunity to
participate in the inspection.
A-11. ACCOUNTING AND DEPOSIT OF GRANT DISBURSEMENT:
(a) Seoarate Accountino of State Grant Disbursements and Interest Records
The Grantee shall account for the money disbursed pursuant to this Agreement
separately from all other Grantee's funds. The Grantee shall maintain audit
and accounting procedures that are in accordance with generally accepted
accounting principles and practices. consistently applied. The Grantee shall
keep complete and accurate records of all receipts, disbursements, and interest
earned on expenditures of such funds. The Grantee shall require its
contractors or subcontractors to maintain books, records. and other documents
pertinent to their work in accordance with generally accepted accounting
principles and practices. Records are subject to inspection by the State at any
and all reasonable times.
(b) Disoosition of Monev Disbursed
All money disbursed pursuant to this Agreement shall be deposited,
administered. and accounted for pursuant to the provisions of applicable law.
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
(c) Remittance of Unexpended Funds
The Grantee, within a period of thirty (30) days from the final disbursement
from Ihe State to the Grantee of State Grant funds, shall remit to the State any
unexpended funds Ihat were disbursed 10 the Grantee under this Agreement
and were not needed 10 pay Eligible Project Costs.
(d) Interim and Final Audits
The State reserves the right to conduct an audit at any time between the
execution of this Agreement and the completion of Ihe Project, with the costs of
such audit borne by the State. After completion of the Project, the Stale may
require the Grantee 10 conduct a final audit, at Ihe Grantee's expense, such
audit 10 be conducted by and a report prepared by an independenl Certified
Public Accountant.
Failure or refusal by the Grantee to comply with this provision shall be
considered a substantial failure to comply with this Agreement, and the State
may erect to pursue any remedies provided in Article A-5 or take any other
action it deems necessary to protect its interests.
A-12. CLAIMS DISPUTE CLAUSE: Any claim Ihat the Grantee may have regarding the
performance of this Agreement including, but not f1mited to, claims for additional
compensation or extension of time, shall be submitted to the Project Manager,
Department of Water Resources, within thirty (30) days of the Grantee's knowledge of
the claim. Project Manager and Grantee shall then attempt to negotiate a resolution
of such claim and process an amendment 10 this Agreement 10 implement Ihe terms
of any such resolution.
A-13. REMEDIES NOT EXCLUSIVE; The use by either party of any remedy specifled herein
for the enforcement of this Agreement is not exclusive and shall not deprive the party
using such remedy of, or limit the application of any other remedy provided by law.
A-14. STATE TO BE HELD HARMLESS: The Grantee agrees to indemnifylhe Stale and its
officers, agents, and employees against and to hold the same free and harmless from
any and all claims, demands, damages, losses, costs, expenses, or liability due or
incident to, either in whole or in part, and whether directly or indirectly, arising out of
the Project.
A-15. INSPECTION OF BOOKS, RECORDS, AND REPORTS; During regular office hours,
each of the parties hereto and their duly authorized representatives shall have the
right to inspect and to make copies of any books, records, or reports of either party
pertaining to this Agreement or matters related hereto. Each of the parties hereto
shall maintain and shall make available at all times for such inspection accurate
records of all its costs, disbursements, and receipts with respect to its activities under
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
this Agreement. Failure or refusal by the Grantee to comply with this provision shall
be considered a substantial failure to comply with this Agreement and the State may
withhold disbursements to the Grantee or take any other action it deems necessary to
protect its interests.
A.16. INSPECTIONS OF PROJECT BY STATE: The State shall have the right to inspect
the work being performed at any and all reasonable times during the term of the
Agreement. This right shall extend to any subcontracts, and the Grantee shall include
provisions ensuring such access in all its contracts or subcontracts entered into
pursuant to its Agreement with the State.
A-17. PROHIBITION AGAINST DISPOSAL OF PROPERTY WITHOUT STATE
PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange,
mortgage, hypothecate, or encumber in any manner whatsoever all of any portion of
any real or other property necessarily connected or used in conjunction with the
Project, or with the Grantee's service of water, without prior permission of the State.
The Grantee shall not take any action, induding but not Dmited to actions relating to
user fees, charges, and assessments that could adversely affect the ability of the
Grantee to meet its obligations under this Agreement, without prior written permission
of the State. The State may require that the proceeds from the disposition of any real
or personal property be remitted to the State to be applied to the Grantee's
indebtedness under this Agreement.
A-la. NO THIRD PARTY RIGHTS: The parties to this Agreement do not intend to create
rights in, or granl remedies 10, any third party as a beneficiary of this Agreement, or of
any duty, covenant, obligation or undertaking established'herein,
A-19. NOTICES: All nolices that are required either expressly or by implications to be given
by one party to the other under this Agreement shall be signed for the Project
Manager and for the Grantee by such offlcers, as from time to time, it may authorize in
writing to so act. All such notices shall be deemed to have been given if delivered
personally or if enclosed in a properly addressed postage-prepaid envelope and
deposited in a United States Post Office for delivery by registered or certified mail.
A-20. PERFORMANCE AND ASSURANCES: Grantee agrees to faithfully and expeditiously
perform or cause to be performed all Project work as described in the final plans and
specifications as submitted or as later amended and approved by the State under this
Agreement and to apply State funds received only to Eligible Project Costs and to
operate and maintain the Project in accordance with applicable provisions of the law.
In the event the State finds it necessary to enforce this provision or any right or power
under this Agreement in the manner provided by law, Grantee agrees to pay all costs
incurred by the State including, but not limited to, reasonable attomeys' fees, legal
expenses, and costs. The State reserves the right to seek further written assurances
from the grantee that the work of the Project under this Agreement will be performed
consistent with the terms of this Agreement.
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
A-21. SEVERABILITY: In Ihe event that any provision of this Agreement is unenforceable or
held 10 be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
A-22. WAIVER OF RIGHTS: None of Ihe provisions of this Agreement shall be deemed
waived unless expressly waived in writing. It is the intention of the parties hereto that
from time to time either party may waive any of its rights under this Agreement unless
contrary 10 law. Any waiver by either party hereto of rights arising in connection with
this Agreement shall not be deemed to be a waiver with respect to any other rights or
matters, and such provisions shall continue in full force and effect.
A-23. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without
cause on 30 days advance written notice. The Grantee shall be reimbursed for all
reasonable expenses incurred up to the date of termination.
A-24. TERMINATION FOR CAUSE: The State may terminate this Agreement and be
relieved of any payments should the Grantee fail to perform the requirements of this
Agreement at the time and in the manner herein provided including but not limited to
reasons of default under A-25.
A-25. DEFAULT PROVISIONS:
(a) The grantee will be in default under this Agreement if any of the following occur:
(1) Substantial breach of this Agreement, or any supplement or amendment
to it, or any other agreement between the Grantee and the State
evidencing or securing the Grantee's obligations;
(2) Making any false warranty, representation, or statement with respect to
this Agreement;
(3) Failure to make any remittance required by this Agreement.
(b) Should an event of default occur, the State may do any or all of the following:
(1) Demand the State Grant be immediately repaid, with interest, which shall
be equal to the State of California general obligation bond interest rate in
effect at the time of the default;
(2) Terminate any obligation to make future payments to the Grantee;
(3) Terminate the Agreement; and
(4) Take any other action that it deems necessary to protect its interests.
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
(c) The Grantee agrees that any remedy provided in this Agreement is in addition
to and not in derogation of any other legal or equitable remedy available to the
State as a result of a breach of this Agreement by the Grantee, whether such
breach occurs before or after completion of the Project.
(d). No waiver by the State of any breach or default will be a waiver of any breach
or default occurring later. A waiver will be valid only if signed by the State or its
authorized agent.
A-2B. CONFLICT OF INTEREST:
(a) current State EmDlovees:
(1) No State officer or employee shall engage in any employment, activity or
enterprise from which the officer or employee receives compensation or
has a financial interest and which is sponsored or funded by any State
agency, unless the employment, activity or enterprise is required as a
condition of regular State employment.
(2) No State officer or employee shall contract on his or her own behalf as
an independent contractor with any State agency to provide goods or
services.
(b) Former State EmDlovees:
(1) For the two year period from the date he or she left State employment,
no former State officer or employee may enter into a contract in which he
or she engaged in any of the negotiations, transactions, planning,
arrangements or any part of the decision-making process relevant to the
Agreement while employed in any capacity by any State agency.
(2) For the twelve-month period from the date he or she left State
employment, no former State officer or employee may enter into a
contract with any State agency if he or she was employed by that State
agency in a policy-making position in the same general subject area as
the proposed Agreement within the twelve-month period prior to his or
her leaving State service.
A-27. WORKERS' COMPENSATION CLAUSE: The Grantee affirms that it is aware of the
provisions of Section 3700 of the Califomia Labor Code, which require every employer
to be insured against liability for workers' compensation or to undertake self-insurance
in accordance with the provisions of that code, and the Grantee affirms that it will
comply with such provisions before commencing the performance of the work under
this Agreement and will make its contractors and subcontractors aware of this
provision.
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Agreemen14600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
A.28. AMERICANS WITH DISABILITIES ACT: By signing this Agreement, Grantee assures
Ihe State that it complies with the Americans with Disabilities Act (ADA) of 1990,
(42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability, as
well as al/ applicable regulations and guidelines issued pursuant to the ADA.
A-29. DRUG-FREE WORKPLACE CERTIFICATION:
(a) Certification of ComPliance
By signing Ihis Agreement, the Grantee, its contractors or subcontractors
hereby certify under penalty of perjury under the laws of the State of California
compliance with the requirements of the Drug-Free Workplace Act of 1990
(Government Code 8350 et seq.) and have or will provide a drug-free
workplace by taking the following actions:
(1) Publish a statement notifying employees, contractors and subcontractors
that unlawful manufacture, distribution, dispensation, possession, or use
of a control/ed substance is prohibited and specifying actions to be taken
against employees, contractors or subcontractors for violations, as
required by Government Code Section 8355(a).
(2) Establish a Drug-Free Awareness Program, as required by Government
Code Section 8355(b) to infonn employees, contractors and
subcontractors about all of the following:
a. The dangers of drug abuse in the workplace,
b. The Grantee's policy of maintaining a drug-free workplace,
c. Any available counseling, rehabilitation and employee assistance
programs, and
d. Penalties that may be imposed upon employees, contractors or
subcontractors for drug abuse violations.
(3) Provide, as required by Government Code Section 8355(c), that every
employee, contractor and subcontractor who works under this
Agreement:
a. Will receive a copy of the Grantee's drug-free policy statement,
and
b. Will agree to abide by terms of the Grantee's condition of
employment, contract or subcontract.
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
(b) SU&Dension of Payments: This Agreement or State Grant may be subject to
suspension of payments or termination, or both, and the Grantee may be
subject to debarment if the Department determines that:
(1) The Grantee, its contractors or subcontractors have made a false
certification, or;
(2) Grantee, its contractors or subcontractors violates the certification by
failing to carry out the requirements noted above.
A.30. NONDISCRIMINA nON CLAUSE: During the performance of this Agreement, the
Grantee, its contractors and subcontractors shall not deny the Contract's benefits to
any person on the basis of religion, color, ethnic group identiflcation, sex, age,
physical or mental disability, nor shall they discriminate unlawfully against any
employee or applicant for employment because of race, religion, color, national origin,
ancestry, physical handicap, mental disability, medical condition, marital status, age,
or sex. The Grantee shall insure that the evaluation and treatment of employees and
applicants for employment are free of such discrimination.
The Grantee, its contractors and subcontractors shall comply with the provisions of the
Fair Employment and Housing Act (Govemment Code, Section 12900 et seq.), the
regulations promulgated thereunder (Califomia Code of Regulations, Title 2,
Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3,
Title 2 of the Government Code (Govemment Code, Sections 11135-11139.5) and the
regulations or standards adopted by the awarding State Agency to implement such
article.
The Grantee, its contractors and subcontractors shall give written notice of their
obligations under this clause to labor organizations with which they have a collective
bargaining or other Agreement.
The Grantee shall include the nondiscrimination and compliance provisions of this
clause in all contracts and subcontracts to perform work under the Agreement.
The Grantee's signature on this Agreement shall constitute a certification under the
penalty of perjury under the laws of the State of Califomia that the Grantee has,
unless exempted, complied with the nondIscrimination program requirements of
Govemment Code, Section 12990, and TiUe 2, Califomia Code of Regulations,
Section 8103.
A-31. UNION ORGANIZING: No State funds disbursed by this State Grant will be used to
assist, promote, or deter union organizing. If Grantee makes expenditures to assist,
promote, or deter union organizing, Grantee will maintain records sufficient to show
that no State funds were used for those expenditures and that Grantee shall provide
those records to the Attomey General upon request.
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
EXHIBIT B
STATEMENT OF WORK
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA 4029
B-1 Project Description
The project will sustain momentum of the Proposition 13 High EffICiency Clothes Washer
(HECW) program, transition clothes washer market to the 2010 State standards for water
efficiency, and provide member agencies a $110 incentive. Customers would be offered a
minimum rebate of $100 per retrofit and $10 per unit for marketing and/or project
administration costs. Metropolitan will provide a total of 33,200 rebates to residential
customers through its participating member agencies. Rebates will be issued over the
two-year period of the grant.
8-2 Objectives and Goals
. Transition clothes washer market towards year 2010 State standards.
. Assist clothes washer industry in transitioning to year 2010 State standards.
. Successfully obtain a federal waiver to enact into law the State clothes washer water
efficiency standards for year 2010.
. Sustain the momentum and success of the customer response and retrofits under the
current Proposition 13 grant program.
. Reduce demand for imported water including Bay-Delta supplies.
. Achieve year 2000 Regional Urban Water Management Plan objectives.
. Meet the 2025 conservation goal for Metropolitan's Integrated Water Resources Plan.
. Comply with obligations as signatory to the Memorandum of Understanding Regarding
Urban Water Conservation in California in meeting Best Management Practice No.6.
B-3 Tasks/Statement of Work
The feasibility and technical adequacy and work plan are described in this section.
B-3.1 Feasibility and Technical Adequacy
Agreements and program mechanics are already in-place because of funding from previous
grants. Member agencies will be able to rapidly implement their HECW programs to target
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
increased water savings with more efficient machines and drive market towards 2010 State
clothes washer efficiency standards.
a-3.2 Work Plan and Tasks
Task Month Due Deliverable
1 MWD addendum to Master 1 Execution of addendum to
Agreement for member Master Agreement.
agencies to implement their
Prop. 50 HECW programs
2 Develop promotional strategy 3 Advertisement plan
3 Add nonparticipating member On-going Addition of member
agencies to the program agencies previously not
participating
4 Implement program 5,17,26 Placed advertisements
5 Outreach and Community On-going As outlined in proposal
Involvement
6 AssesS performance On-going . Documentation of findings
7 Provide Quarterly Reports 3,6,9,12...30 Quarterly Reports
8 Environmental Documentation On-going As set forth in Section 12,
and Permitting Exhibit A; Grantee is
responsible to obtain all
necessary permits, licenses,
and approvals, including the
Califomia Environmental
Quality Act, the Califomia
Endangered Species Act,
and all applicable
engineering and design
permits.
9 Final Report 35 Submittal of Final Report
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Agreement 4600004214
Water Use EffICiency Grant
Residential High Efficiency Clothes Washer Rebate Program
B-4 Monitoring and Verification
Member agencies are requested to submit the following information with their monthly
invoices:
. Rebate Activity data (an electronic database or hard copy) that provides customer,
resident, washer, rebate processing. demographic. and marketing information.
For this grant program. member agencies will be reauired to provide the water factor
and purchase date for each unit, because Metropolitan will only provide
reimbursement for HECWs with a water factor of 6.0 or less.
. Monthly actiVity report that member agencies sign certifying the quantity of HECW
rebates. unit costs. number of verifications, number of inspections, and a narrative
describing activities performed during the reporting period.
For this grant program, member agencies will be required to certifY. that all units
rebated will have a water factor of 6.0 or less.
. Member agencies are responsible for verification, however Metropolitan may perform
random inspections of HECW installations.
. Customer satisfaction surveys will be completed to assesS the success of the program
from the customer's perspective. The results of those surveys will also be used as
promotional testimony.
. Metropolitan and its member agencies quantify the number of rebates issued to
conduct water savings evaluations (based on washer savings of about 8.000 gallons
per year, which translates to a WF .. 6.0 for HECW units). This will be done as part of
Metropolitan's ongoing effort to substantiate the water savings generated from the
financial Investments it makes
. Metropolitan will provide program information and data to DWR as part of its quarterly
progress reports and final report. .
B-5 Budget
The total State share shall not exceed $1,660,000 for all expenditureS identified in Exhibit C.
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
B-6 Beneflts
Benefits AccruinQ to the Bav-Delta:
1. Avoided Future Withdrawals from the Bay-Delta System: Metropolitan's
implementation of this and other water use efficiency programs either offsets or defers
State Water Project deliveries from the Bay-Delta to meet urban water demands.
2. Particioation in Flexible Storaae proarams: In the past, Metropolitan has participated
in statewide flexible storage programs that support CALFED's environmental
restoration objectiveS (e.g. Environmental Water Account). In general, southem
California's ability to participate in this type of program is a function of storage and
distribution system operational flexibility. Growing demands over time may erode
system flexibility, potentially reducing our ability to participate in such programs, which
are linked to direct environmental benefits within the Bay~Delta estuary. This grant will
assist ongoing regional efforts to preserve system flexibility and strengthen the ability
to continue flexible storage programs into the future.
3. Innovation and Knowledae Transfer: Metropolitan continues to playa leadership role
in the development and implementation of innovative water use efficiency programs.
Existing Metropolitan programs cover a wide range of conservation initiatives, from
financial incentives for water efficient appliances to educational resources. such as the
Protector del Agua program, which provides classroom instruction to promote outdoor
water conservation among professionals and homeowners. This program would
achieve higher-water savings than standard clothes washer programs, which could be
transferable elsewhere in the State.
Benefits to Southern California Watersheds:
1. Water Efficient Aooliances and Fixtures: Under this program, Metropolitan is
promoting the latest water-efficient technology for the home, providing financial
incentiVes for high efficiency clothes washers. It is generally acknowledged that
indoor water conservation programs yield significant direct benefits to the region's
wastewater sector and coastal watersheds through lower discharge volumes.
2. Other Public and Fiscal Benefits: This program warrants consideratiqn based on
potentially large cost savings to public agencies and ratepayers by reducing
requirements for future capital improvements and water importation.
Water Savinas
The total water savings for the project will be approximately 12,226 AF
(0.02455 AFlYear/Unit x 33,200 units x 15-year life).
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8~1 Oeliverable.
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
Grantee is responsible for following deliverables:
. Quarterly Progress Reports and associated documents
. Final Report and associated documents
. Any applicable engineering and permitting documents
. Annual Reports of Benefits and Costs for 5 years
B-8 Schedule for Progress Reports and Payments
The folloWing chart is based on a Project start date of November 1, 2005. This agreement
will be completed by December 30, 2008.
Schedule for Completion of project Tasks and Deliverables
Project Progress
Reports/InvoIces/DeliVerable.
1" Quarterly Report and Invoice
2nd Quarterly Report and invoice
3'd Quarterly Report and Invoice
41h Quarterly Report and Invoice
Sth Quarterly Report and Invoice
alh Quarterly Report and Invoice
711\ Quarterly Report and Invoice
811\ Quarterly Report and Invoice
911\ Quarterly Report and Invoice
1011I Quarterly Report and Invoice
Draft Final Report and Invoice
Final Report and Retention Invoice
Project Completion
Annual Reports of Benefits and Costs
1" Annual Report:
2nd Annual Report
31<1 Annual Report
41h Annual Report
511\ Annual Report
8-9 Cooperator (8)
Completion Date
January-1S-2006
April-15-2006
July-15-2006
October-15-2006
January-15-2007
Apri1-15-2007
July-15-2007
October-15-2007
January-15-2008
ApriI-15-2008
June-15-2008
september-15-2008
December-3D-2008
December-30-200e
December-3Q..2010
December-30-2011
December-3Q..2012
December-30-2013
Metropolitan's participating member agencies will be cooperating agencies for this Project.
Metropolitan offers financial incentives to 26-member agencies to co-fund their HECW rebate
programs.
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
EXHIBIT B - Attachment 1
FINAL REPORT REQUIREMENTS
Final Reports, including Annual Reports and Updates, should include following, but are not
limited to the following information:
Description of the Project:
. Description of project
. Detail of changes and/or adjustments made throughout the project
. Detail of causes to support changes and/or adjustments
Description of Objectlv.. and Goals:
. Description of original objectives and goals
. Detail of changes and/or adjustments made throughout the project (if any)
. Detail of causes to support changes and/or adjustments
Descrlptlonof Benefits (As stated in the project proposal and actually achieved):
. Water Savings
1. CALFEO
2. Local
3. State
4. Other Benefits (economic/environmental, etc...)
. Water Quality
1. CALFED
2. Local
3. State
4. Other Benefits (economic/environmental, etc...)
. Flow and Timing
1. CALFEO
2. Local
3. State
4. Other Benefits (economic/environmental, etc.)
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
Post Project Completlon Benefits and Costs: (for post project completion annual
reports and updates)
. Describe benefits and costs occurred since completion of the project
. Was there any revision in benefits and costs of project since its completion
. Describe impacts of implementation of this project on Grantee's water management
for post completion years.
Tasks and Statement of Work
. Tasks as stated in the project proposal
. Tasks actually performed
. Detail of changes and/or adjustments made throughout the project (if any)
. Detail of causes to support changes and/or adjustments
Monitoring and Assessment
. Describe in detail, qualitatively/quantitatively, pre-project condition(s) which are
expected to be improved by implementation of this project.
. Describe in detail how monitoring and assessment was conducted for pre-project
conditlon(s) and tools/methods/measures used for monitoring and assessment.
. Describe in detail, qualitatively/quantitatively, post-project condition(s) and
improvements made by implementation of this project,
. Describe in detail how monitoring and assessment was conducted for post-project
condition(s) and tools/methods/measures used for monitoring and assessment.
. Describe in detail main indicators of success to achieve goals/ objectives of this
project
. Describe how you will continue monitoring and assessment for the next 5 years
post project updates and reports (as described in the Statement of Work)
. Provide a detail of changes andJor adjustments made throughout the project (if
any)
. Provide a detail of causes to support changes andJor adjustments.
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
Budget:
. Describe costs of this project including local, State share, and any other costs
. Detail of changes and/or adjustments made throughout the project (if any)
. Detail of causes to support changes and/or adjustments
Oellverables:
. What dellverables (reports, maps, flyers, environmental documents, etc) were
delivered to the Department as part of implementation of this project?
. Detail of changes and/or adjustments made throughout the project (if any)
. Detail of causes to support changes and/or adjustments
Schedule or Tlmelln. for Progress/Payment/Final Report:
. Were project timelines and schedule of progress reports and payments
appropriate for this project? '
. Detail of changes and/or adjustments made throughout the project (if any)
. Detail of causes to support changes and/or adjustments
Cooperators:
. Description of each cooperator/sub-contractor
. Detail of each cooperator's perfo"rmance and impact on the outcome of this
project
. Detail of each cooperator's impact on the project outcome
Final Statement:
. Summary of expected and realized benefits/costs
25
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Agreement 4600004214
Water Use Efficiency Grant
Residential High Efficiency Clothes Washer Rebate Program
EXHIBIT C - BUDGET
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA 4029
Category MWO California Totll
Adluated Bay Delta PlOject
Sha,. Program ColtS
Sha,.
Grant
(I) (II) ( nl) (IV)=(II + III)
lal Administration
Salaries waaes 0 0 0
Frinae benefits 0 0 0
SUDDUes 0 0 0
EaulDment 0 0 0
Consultlna serviceS 0 0 0
Travel 0 0 0
Two and
a Half Yre Other 0 () 0
i (hI PlanninolDesianlEnaineerinD 0 0 0
iM. EaUiDiiient purcl1asesJRental8lRebalesNOuchers 0 0 0
(dl Material8llnstallationllmrllementation 1,660000 , 660,000 3 320 000
(81.. IrTiDiementation Verification 0 0 0
if) PrOlect L_lILicense Fees 0 0 0
101 ~ 0 0 0
hI Land purcl1aselEasement 0 0 0
'i' Environmental CompliancelMiliaatiPnlEnhancement 0 0 0
ConstrucliOn 0 0 0
kl prnoram Marketina or proaram Administration 332 000 0 332.000
m Monitorlna and Assessment 0 0 0
(m) ReDOrt priiDaration 0 0 0
Discretions ;;-Fundlna 0 0 0
-inl SUBTOTAL la +...... +ml 1,992000 , 660 000 3,652 000
1(0) Contin % used; example: 5 or 101 0 0 0
~ TOTAL In +0\ 1 992 000 1 660 000 3.652.000
CaDital Recoverv Factor: Use Table C.8
Annual Proiect Costs .. (0 x al 0
IsI ~~cant Cost Sllarl~troportion
row D columns 11/1 US
Notes: Applicant claims locally cost effective. but application data and economist
evaluation indicates the application not locally cost effective, Moved to not locally cost
effective. Limit grant to two thirds, two years of program at $1,660,000. Applicant cost
shall be $1,992,000.
26
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C)
Exhibit F
IIECW ,\lttk:Hlltlll
High-Efficiency Clothes Washer Rebate Program
Proposition 50 Allocation
Eflecrive January I, 2006'
Member Agency Prop. 50 Allocation
Anaheim 820
Beverly Hills 25
Burbank 370
Calleguas 985
Central Basin 570
Eastern 475
Foothill 125
Glendale 425
Inland Empire 1,265
Las Virgenes 200
Long Beach 870
Los Angeles 6,885
MWDOC 5,885
Pasadena 645
San Diego 8,245
San Fernando 25
San Marino 25
Santa Monica 100
Three Valleys 345
Torrance 75
USGV 620
West Basin 1,415
Western 2,804
Total: 33,200
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LtlS ,\,'l(;.:U:S UU'ARTMENT 0.' WiHER AND POWER
Requiremeatl for Ultra-IAlw-nusla Tuileta
SlIpplcmealllry Purchase Speclftcattolllo ASME AlIZ.19.Z-2003
Revised: November 16. 1005
Toilell conforming to the applicable requiremenll oflhis specification will be listed as "SPS
Certified" by LADWP. Sections I, U, III, IV and V of the following requirements shall apply to
tank-type gravity fed toilets. Sections I,ll and VI of tho following requiremenlll shall apply to
tank-type fiushometer (pressure-assist) and tank-type eleclrobydnulic toile1ll. Con1llCt
information regarding thiI specification can be found in Appendix A-
I. Conform 10 ASME Al 12.19.2-2003 and lisled by the City of Loa Angeles or listing agency
approved by the City of Lo. Angeles. Evidence ofliItinJ hu been provided to the LADWP.
II. Evidence oflistilll by the City ofLo. Angeles or listing aseneY approved by the City of Loa
Anlleho. u meeting the requircmenll of the Supplementary Purchase Specification hu been
provided 10 lIle lADWl'.
Ill. Conlorm to supphornentary requircmenta regarding flapper replacement marking and fill
valve. Conformance defined aa followa:
A. Flapper RcplKemenl Marking: The interior of the toilcl tank. uOOerside of tho toilet
tank lid or the overflow tube shall be marked willt the manufacturer's part number for a
rqllacemcnl flapper valve, and a manuf8cturer'a telephone Dumber to be used for
oblaininlla replKemenl flapper valve. Marking shall be permanent, visible (3/16 inch
letter hcighl1Jlinimum) and legible.
NOTE: F1/IPPU rq1/<<emenl Iflllrkhr6 requiremelft bet:"mn effectn't!"" FelJrulUY I, 2006.
B. FiR Valve: The fill valve shall be the pilot valve type only OR. alternatively, lite fill
valve sball be claasified "Compliant" afteI- being aubjected to the leIl protnc:ol included
in Appendix B. LADWl' mus! be provided bard copy documentation showing that a
lIOIl-pilot valve type fill valvo is clilSlitied aa "Compliant" before the subject toilet may
be certified as meeting thiI supplementaJy specification.
NOTE: Fill Yam req__1II bet:owws effecdw"lf Felli'll.'" J, 2006.
IV. Conform to supplementary requiremeDta regarding toilet flush valve seal durability.
Conformance deimcd aa follows:
A. Tanka equipped willt a flush valve sIIaIl conrain a flush valve seal that is classified
"Compliant" after being subjected to tho test protocol included in Appendix Cl oflhis
specification. All other flappers/scala mus! firsl be subjected to that protnc:ol by a City
of Los Angeles approved listing agency or by the Metropolitan Wiler Disuict of
Southern California (Metropolitan). Test resullll must sbow that the subject flapper/seal
is .Compliant" when tested in lIle two consumer products: Clorox. (bleacb) and 2000
Flushes. (bleacb) as defined herein. Those reaults mus! be reported to LADWP.
I Th;. test proeocol hu been adapted trorn Appendix C or tile study "Toilet flappen. Matc:riallntegrity T....; by
the Metropolilln WallS Dislria orSouthem Calirornia (Metropolitsn), daIcd January 2000. Inclusion oCthislcst
protocol i. with the pennissi"" of the Mecropol.tsn Walt:( Distrid of Southern CaliromiL
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Suppl~mentary lIL.T Specificatloll
Page 2 of S
B. LADWP must be provided hard copy documentation showing that the flapper/seal is
classified as "Compliant" before the subject toilet may he ccrtilled as meeting this
supplementary specification.
V. Conform to supplementary requirements regarding toilet tank capacity. Conformance defmed
as follows:
A. Any barrier, bucket. "dam", displacement device, cle., used in a toilet tank to affect
!lush volume shall he tamper-resistant and permanently a/lixed to the rank (i.e., any
device that can be tampered with or removed such that the toilet can be made to flush
with greater than 2.0 gallona when tested in accordance with Section B below shall be
deemed noncompliant).
NOTE: A Ifftllfllj'lfCtIINr",./D NJlrnellladvtt "''''y, 11111$ "ptiDII, sublfflt proptlsed U1111e des/flU
I" LADWP 1"1' nfllulltio" prlm- 14 prodUdW.... SII"u/4 1116 ,,,b..iitlnll JHI'IY desi,1UIte tit",,,
dtlSi,IIS 116 pt'OJl".11iI'JI, aJll"l"nrtlltioll /Uft/elUuill. dlsc_1i illS wllllH bpi calfJldtmdfll.
LAD WP wiU fellf/no II ",ritte" Ucisi,," "" roMpHlUU:. witlt Ihb fI!'1"'r.,,,elfl witll'" 15 """IciII,I
tlayr of ,.ceipt.
AND
B. Either one of the following requirements (I 0' 2):
I. The maximum capacity of the lank or, alternatively, the water containment vessel
inside the tank. shall not exceed z.o gallons, measured as follows:
Parpo.. of Test: The objective of this test is to determine the maximum water
holding capacity of the toilet lank or other containment vessel internaJ to the tank.
Test Procedure:
a. Set an empty toilet lank (with complete lank trim installed) on a leveled test
stand.
b. Fill Ibe lank or containment vessel to a level 0.25 inches +/- 0.06 inches .below the
top oflbe overflow tube. Where the tank utilizes an internal contaimnent vessel
and duet not poasesa an overflow lUbe, the vessel shall be filled to a level 0.25
inches +/- 0.06 inches below the top rim of the vessel or to the manufacturer's
designated water line, whichever ia higher.
c. Drain the tank (or vessel) into a container by activating/flushing the tank trip
lever and holding it until no more water dr:ains out
PenorDIllJlcc Requirement: Water collected in the container shall not exceed 2.0
gallons.
NOTE: TIre volulIU! of lfIilter IIfIIJ' be delenrtinet/ visually usillll II K'IIdullled c"IIllIille, II' hy
weight calculated lIS II unit I" volume ""it.
Los Angeles Department of Water & Power
Revised: 11116/2005
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Stlpplementary ULFT Spedflcatlon
Page J of!
2. Supplementary requirements regarding adjustability and flusb performance for
original equipment and after-market flush valve seals shall be as follows:
For Orillinal Eauipment
The maximum volume of water that may be discharged by the toilet, wben field
adjuslment of original equipment tank trim is set at its maximum water-use setting,
shall not exceed 2.0 gallons. The following test procedure shall be followed to verilY
lhatthe toilet meets this requirement:
Purpose of Test: The objective of this Adjustability Test is to determine the upper
limit to the volume of water that may be discharged by the field adjustment of tsnJc
trim components.
Test shall be conducted per section 8.4 of ASME AI12.19.2-200J with the following
modification:
Test Procedure:
a. The toilet shall be installed on a leveled test stand and all adjustable tank trim
componenta (any field adjustment felltures in the tank that might incl'ellSC the
toilet flush volume) shall be adjusted to the maximum water use selting, while
talcing care not to damlIge or alter the parts.
b. The water level in the tsnJc shall be set to 0.25 inches +/_ 0.06 incbes below the
top of the overflow tube. Where !be tank utilizes an intemaJ containment vessel
and does not possess an overflow tube, the vesselsbllll be filled to a level 0.25
inches +1- 0.06 inches below the top rim of the vessel or to the manufacturer's
designated water line; whicbever is higher.
c. The static pressure of !be water supply sbaJI be adjusted to 80 PSI +/_ 2 PSI.
d. The toilet shall be flushed maintaining the activlltor in the flushing position for II
period of one (I) second IIIllXimum, the water being dmned into a container.
e. After the flush cycle i. complete, the total flush volume shall be observed and
recorded.
f. This procedure shall be repeated until five (5) sets of dlIta an: obtained.
g. The static pressure of the water supply shall be adjusted to 20 PSI +/_ 2 PSI or at
the manufacturer's recommended minimum pressure lIS noted in the product
literature and product packaging. and test procedure steps d-e-f shall be repealed.
Report: The live (5) individual /Jush volumes and the average of the five (5) runs
shall be reported for each of the two static water supply pressures specified.
PerformaDce RequfremeDt: The average total tlusb volume for five (5) test runs for
each of the two static water supply pressures shall not exceed 2.0 gallons.
NOTE.. The volUMe o/wate, way be ddermined visually using a graduated conraine, 0,. by
weight calculated ru a unit to volullft! uniL
L05 Angel.. Depar1ment of Water &: Power
Revised: 11/1612005
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Supplementary (fLIT Specificatloll
Page 4 ofS
For after-market c[()Sun: scals
Ine maximum volume of water that may be discharged by the toilet, when the
original equipment llush valve seal (flapper or other sealing device) is replaced with a
standard seal available ill home improvement centera and hardware stores, and the
field adjuSlment of tank trim is set at ita maximum water-use setting, shall not exceed
2.0 gallons. Tho following test procedun: shall be followed to verify that the toilet
meets thia n:quin:ment:
Purpose or Test: Tho objective of this Adjustability and After-Marlcet Seal Test is to
determine the upper limit to the volume of water that may be discharged when an otf-
the.shelf replacement flush valve seaVflapper is installed on the toilet.
Test shall be eonducted per section 8.4 of ASME AI 12.19.2-2003 with the following
modification:
Test proeedare:
a. The toilet shall be installed on a leveled test stand and all adjUBtable tank trim
components (any lield adjustment features in the tank that might incn:ase the
toilet flush volumo) shall be adjusted for maximum waler use, while taking can:
not to damsgo or alter the parts.
b. Remove the original equipment flush valve seal and n:place it with a standard
(buoyant) non-adjustable after-1DlUicet seaVflapper for that toilet. In the case of a
standard configuration 2-inch flush valve, a Fluidmaster Bullseye Super flapper
(part no. 50 I) or a Coast FoundJy Ultna Blue flapper shall be used. For non-
standard !lush valves, illCluding J-illCh flush valves, one or more ~Iacement
seal. Iv.ilablo athardWlInl and building supply stores shaJJ be used .
c. Tho water level in tho tank shall be set to 0.25 inches +1- 0.06 inches below the
top of tho overtlow lUbe. Whete the tsnk utilizes an internal containment vessel
and does not possess an overflow lUbe, tho vessel shall be filled to a level 0.25
inches +1- 0.06 inches below the top rim of the vessel or to the manufacturer's
designated water line, whichever is higher.
d. The slsm pressure of the water supply shall be adjusted to 80 PSI +1_ 2 PSI.
e. The toilet ahaJI be tJushed msinlsining the activator in the flushing position for a
period of one (I) second maximum, the water being drained into a container.
f. After the flush cycle is complete, the total flush volume shall be observed and
recorded.
g. This procedure shall be repeated untillivll (5) seta of dais are obtained.
h. The static pressure of the water supply shall be adjusted to 20 PSI +1- 2 PSI or at
the manufacturer's recommended minimum presSUre as noted in the product
literature and product packaging, and test procedure steps c-f-g shall be repealed.
Report: The liVe (5) individual flush volumes and the average of the five (5) runs
shaJl be reported for each of the two static water supply pressures specilied.
i Where neither the Fluidmaster Bullseye Super napper nor the Coast FOImdry Ultra Blue flapper fir the flush va've,
where a 3-imh nUJh valve i. employed, or in the ClISe of non-.rtandanI fI...h valve seall, the approved lisling agency
shaJl have discreliOll as to which atlcr.marI<er flapper or seal shall be used in the IesI.
Lo. Angeles Department ofWaler <I: Power
Revised: 1111612005
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Suppl~melltary IJLFT Specillcalloll
PageS of 5
Performance Requirement: The average tOlal flush volume for five (5) test runs for
each of lhe two slatic water supply pressures shall not exceed 2.0 gallons.
NOTE: 111. volll"'. "1""'ler may be dell""ilfed vislltIIly lIJIilfg II gradllllted cOlflllilfer or by
",eight calcllltltH as " ulfit 10 volUllf1l Ulfit.
VI. Tank.lypc !lushometer toilets and tank-type electrohydrauJic toilets shall have a fIXed non-
adjustable !lush volume OR shall confonn to supplementary requirementa regarding flush
volume adjustability. Confonnance defined as follows:
The maximum volume of water that may be discbarged by the toilet, when the field
adjUllbncnt of tank trim is set at its maximum water-use setting, shall not exceed 2.0 gallons.
The following test procedure shall be followed 10 verilY lhat the toilet meets this
requirement:
Purpose of Test: The objective of this Adjustability Test is 10 determine the upper limit to
the volume of water that may be discharged when tank trim is adjusted 10 its maximum
water-use setting.
Test shall be conducted per section 8.4 of ASME AI12.19.2-200J with the following
modification:
Test procedure:
a. The Ioilet shall be installed 011 a leveled test stand and all adjustable tank trim
components (any field adjustment features in the tank lhat might increase the Ioilet flush
volume) shall be adjusted for maximum water use, while taking care not 10 damage or
alter the pam.
b. The static pressure of the water supply shall be adjusted to 80 PSI +/_ 2 PSI.
c. The toilet shall be flushed maintaining the sCtivator in the flushing position for a period
of one (I) second maximum, the water being drained inlo . container.
d. AftlOf tho flush cycle is complete, the 10taI flush volume sha11 be observed and recorded.
e. This procedure shall be repeated until five (5) sets of data are obtained.
f. The static prcssII1'e of the water supply shall be adjusted 10 20 PSI +/_ 2 PSI or at tho
manuliscturcr's recommended minimum pressure as noted in the product literature and
product packaging, and test procedure steps c-d-e shall be repeated.
Report: The five (5) individual flush volumes and the average of the five (5) runs shall be
reported for each of the two static water supply pressures specified.
Performanc!! Requirement: The average total flush volume for five (5) test runs for each of
the two slatic water supply pressures shall not exceed 2.0 gallons.
NOTE: Tlte volume ol"'ilUr may be deurmilfed vlslltIIly lIJIillg" grtIdlltlted COlllllilfer or by
weiglft calclll"ted lIS " ulfit to VolullUllltfit.
Los Angeles Dcpartmml o(Water.l: Power
Revised: 1II161200S
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Appendix A
Contact Information
for
Supplementary ULFT SpeciDcatloD
Los Angeles Department of Water and Power
Mr. Thomas Gackstetter. Manager of Water Conservation
(213) 367-0936
thomas.ti!ackstetter@.ladwu.coDl
Los Angelea Department of Water and Power
Mr. Steve JohnsoD. Water Conservation Speclallllt
(213) 367oll92%
.teve.iollnsonflilladwD.COlll
IAPMO Testing and Services
Mr. Ken Wljay.. Laboratory Director
(909) 472-<1100
kenwllavariliaDmo.Orti!
Koeller and Company
Mr. Jolla KoeDer. P.E..
(714) m-2744
koeller@eartbllnlLnet
MetropoJltaD Water Dlstrlet of Sontbem CaUfomla
Mr. WOllam McDoanell, Senior Resource SlIedaIbt
(213) 211-7693 .
bmcdonnelli4lmwdb2o.com
City or Loa Angeles Department of BnUdlng and Sarety
Mr. Amfr Tabakh. DIrector of Mechanical Testing Laboratory
(323) 226-1638
atabakhUllladbt.lacllv.orti!
Los Angeles Department or Walcr k Power
Revised: J 11I6I200S
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Appendix B
Test Protoeol- Fill Valve Integrity Te5t
This requirement shall apply to all fill valves that are not otherwise classified as pilot valves,.
Must conform to both of the following requirements (I and 2):
I. !:,onsi$tent Water Level
Purpose of Te5t: To determine whelher or not the fill valve shuts off at a consistent water
level in a toilet tank independent of any change in inlet water supply pressure.
Te5t Procedure:
a. Inslall the fill valve in the toilet tank provided, install the tank on a leveled test stand, and
adjust the water level per the manufacturer's recommendation at an inlet water pressure
of 20 PSI +/- 2 PSI or at the manutictunlt's recommended minimum pressure as noled in
the product literature and product packaging.
b. Fluah the tank 10 verilY and mark: water level after completed refill.
c. Increase the inlet water pressure to 60 PSI +1- 2 PSI.
d. Flum the tank.
c. Measure any difference in water level after completed refill.
f. Repeat stepa c-d-e utilizing 80 PSI +1- 2 PSI inlet water ~5Ure.
Performance Reqairement: The fill valve shall shut off at the same water level +1- !oS incb
for all three inlet water presaurea. In addition. water mall not enter the overflow tube or flow
out of the tank at all three inlet pressures.
2. Sbutoff Intellritv with Increased Water Pressure
Purpose of Test: To determine wbether or not the fill valve shuts off at a consistent water
level in a toilet tank independent of changes in inlet water supply pressure.
Teu Procedure:
a. Install the fill valve in a toilet tank and adjust the water level per the manufacturer's
recommendation at an inlet water preSSllle of20 PSI +/- 2 PSI or at the manufacturer's
recommended minimum pressure as noted in the product literature and product
packaging.
b. Flush the tanJc to veriJy and mark water level after completed refill.
c. Increase the inlet pressure to the fill valve from 20 (or recommended minimum pressure)
to 60 PSI, then to 80 PSI at a rate ofless than 10 PSI per second.
Performaace Requirement: The water level shall remain at the initial marlc +/- !oS inch. In
addition, water shall not enter the overflow tube or flow out of the lanlc.
Loa Angeles Department of Water 4t Power
Revised: 1111612005
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Appendix C
Test Protocol- Formed Flapper Valve Accelerated Test
I. Puroose
To test a tlapper valve seal in an accelerated aging environment to determine its likely integrity
within a functioning toilet subjected to drop-in bowl cleaners.
2.~
This test will assess the sealing characteristics of a formed t1apper valve or other seal in two
accelerated aging environments, each consisting of one of the following two commonly available
consumer products: (a) C1orox--Bleach and (h) 2000 Flushes- (Bleach). Upon completion of
teating. tho subjectl1apper valve will be evaluated as to its ability to withstand these drop-in
bowl c1el!/l<<l and maintain a 'Compliant" seal. "Compliant" is defined all no-leak OR does not
leak more than the specified rate. 0.25 ml per hour,
3. Procedure
3.1 leak Rate Test (to be performed prior to and at the end of the accelerated test)
3.1.1 Attach lest specimen to valvo seat (as specified by the manufacturer) in lest
apparatus. In thi8 case. tho apparatus consists of an 8-inch diameter clear pve
pipe attached to a flat piece ofO.2S-incb (minimum) pve flat stock and
appropriately sealed. The valve seat is attached to tho apparatus through tho
properly sized holo in tho l1at stock. The apparatus is then placed on top of a
tJu-ee.-liter graduated boater for tho purpose of accurately monitoring and
R1ClasuriAg any leats. (Note: An alternate set of apparatus is pennitted if it will
enable tho tester to provide tho required envirOlll1lCllt for tho test)
3.1.2 Fill the lest apparalua with tap water to the specified filllinc. The tcmperatuM
of the tap water shall be within a 16.C - 27"C rsnge. The filllinc is to be set at
7 -inches above the valve seat as this represents the lowest water level in moat
commercially available residential toilets.
3.1.3 lift the specimen and "flusb" the lest apparatus. Fill and repeat 2 more times.
This allows the specimen to be wetted and to find its "seat"
3.1.4 Fill the teat apparatus to the filllinc. Allow the flapper to seat properly by
leaving the set-up undisturbed for 24 hours +/- I hour.
3.1.5 Al the end of the 24-hour period. start test. Test should run for one hour +I-two
minutes.
Los Angele. Dq;~ b.~..t of W _ &: Power
Revised: 1111612005
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AppendlJ: C
Page 2 ofl
3.1.6 At the ~on~lusion urlhe test rCl110ve the leSt appararos from the graduated
beaker and inspec:t the beaker for any water that may have leaked from test
apparatu!l.lfthe beaker is dry, report "Compliant". (fwater is present,
determine the volume from the graduations on the beaker. If the volume is 100
small to determine from the large graduations on this size beaker, transfer the
water 10 a smaller graduated beaker or cylinder for determination. Report the
volume leaked as"u mllhr",
3.1. 7 Repeat step. 3.1. 1 - 3.1. 6 at the conclusion of the .. Accelerated Test."
3.1.8 Criteria: Leakage from the flapper in excesa of 0.25 mllhr (three drops) shall be
~ollSidered a failure.
3.2 Accelerated Test
3.2.1 The following two drop-in bowl cleaners shall eacb be included sa a separate
test (a) Clorox"-B1each and (b) 2000 Flushes. (Bleach). A concentrated stock
solution shall be made using eacb bowl cleaner. Thia concentration shall be at
2,000 ppm oflolal chlorine in a lap water solvent. For each stock solution.,
steps 3.2.2 through 3.2.8 shall be followed.
3.2.2 The stock solution shall be analyzed initially upon preparation and at each
solution change, at which time the concentration level shall be recorded. In the
event that an analysis indicates that the concentration of the stock solution baa
changed by more than ten percent (10%) &om that prepared in accordance with
paragraph 3.2.1, the solution shall be discarded and a new stock solution
prepared.
32.3 The lest specimen shall be inserted into a lest vessel (jar or other suitable
veasel) such that the sealing surfilce of the teat specimen is not under physical
stress. No more than one specimen per jar is allowed.
3.2.3 The stock: solution shall be added to the lest vessel so sa to completely cover the
test specimen; fill the test vessel with the stock solution as completely as
possible.
3.2.5 The lest vessel containing the stock solution and the test specimen shall then be
placed in a mechanically convected oven or other device capable of maintaining
a lest temperature of 400C +/- 30C. The test temperature shall be maintained at
40"C +/- 30C for the 28-day duration of the accelerated test.
Lo. Angel.. DepII1lTlCllt of Walcr &. Power
Revised: 1111612005
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Appendix C
Page 3 of 3
H.1i The solution in the tesl vessel shall be changed daily (as permitted) with fresh
slock solution.
3.2.1 The test specimen shall be removed from the test vessel at the end of28 days
and within one (I) hour +/- two minutes subjected to the leak test as specified in
3.\ above.
3.2.8 Steps 3.2.3 - 3.2.1 above shall be repeated for each test specimen.
3.2.9 To assist in veritying test accuracy. a minimum of two samples of each
specimen shall be tested in each stock solution.
Los Angeles Department of Water & Power
Revised: 1111612005
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The Metropolitan Water District of Southern California
~C1IfuniIo
w-~
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Colifornia hiendly Model Home Program
Builder's Stotement otlnletes!
11~ il~;( )~;O
'hIS ",formatiOn will provide the sponsoring weter agencies with deta~s on the timing and location of projects for consideration as potantial
,,,..tlClpants in thiS program. Submittal of a Statement ollnternt to Metropolitan by. participating member agency win enable Metropolitan to
...se5$ project ellgiblHlV and to reserve rebate funds. Funds are limited and disbursed on a first-come, first-setved basis, subJect to chang".
Division
Ilull4Jal' Name
PrOject Nama
Tract No.
County
Location
Number ot Production Units
Total Units
Number of Model Homes
Estimated Construction Start Date
Estimated Construction End Date
litle
Name
Mailing Address
E.ma~
Tolophone
Proposed Number of "Califomia Friendty" Model Homes
I,'
Estimated Opening Date
How long will model home be accessi~e to the public?
When is landscape design scheduled to start?
h'rigltted landscape Alea (Square feet excluding hardscape are8)
ContaCt Person
Telephone
MWD Member Agencv
Date
Signature
Telephone 12131217.6645
Fox 1213) B3(}4527
Date Received
Eligibility Confirmed
Assigned Rebate Numbar
Released BV
Dale
PI.... mail or fax compJetll'd form to:
Metropolitan Water District
of Southern California
AUn: Carlos Michelon
PO. Bo< 54153
Los Angeles. CA 90(541)153
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~ici. Sandra
kbm:
bnt:
IL:IO Sandra,
/ Regarding your question to Tom (33167) he had checked with the CAD and as there is no funding involved it did not
need to go to council. It simply extends the original agreement. I asked him if the original agreement had an agreement
number to it and he stated, "no." Call him if you have any further questions.
Mitre-Ramirez, Norma
Monday, September 08,20088:12 AM
Amici, Sandra
. J;:l~d""..dh"
City of Santa Ana
Clerk of the Council Office
20 Civic Center Plaza, M-30
P.O. Box 1988
Santa Ana, CA 92702
(714) 647-6520
FAX (714) 647-6956
1