HomeMy WebLinkAboutMUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) 6 - 2009MUNiCIpAL ~~~ ~ 2(1QJ
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. DISTRICT
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N-2009-065
C~UniTY Tov~ b 1X Agreement between City of Santa Ana and
Street Address:
18700 Ward Street
Fountain Valley, California 92708
Mailing Address:
P.O. Box 20895
Fountain Valley, CA 92728-0895
(714) 963-3058
Fax: (714)964-9384
www.mwdoccom
Wayne A. Clark
President
loan C. Finnegan
Vice President
Ergun Bakall
Director
Brett R. Barbre
Director
Larry D. Dick
Director
Susan Hinman
Director
Ed Royce, Sr.
Director
Kevin P. Hunt, P.E.
General Manager
MEMBER AGE`dlir5
City of Brea
City of Buena Park
East Orange County Water District
EI Toro Water District
Emerald Bay Service District
City of Fountain Valley
City of Garden Grove
Golden State Water Co.
City of Huntington Beach
Irvine Ranch Water District
Laguna Beach County Water District
City of La Habra
City of La Palma
Mesa Consolidated Water District
Moulton Niguel Water District
City of Newport Beach
City of Orange
Orange County Water District
City of San Clemente
City of San Juan Capistrano
Santa Margarita Water District
The Municipal Water District of Orange County
For Participation in the
Weather Based Irrigation Timer (Smart Timer) Rebate Program
For Single-Family Residential and Commercial Properties
This Agreement is made by and between the Municipal Water District of
range County ("MWDOC"), and the City of Santa Ana for participation and co-
nding of a Smart Timer Rebate Program for Single Family Residential and
~mmercial Properties ("Program") to be offered in Participating Agency's
:rvice area.
WHEREAS, MWDOC has developed and arranged funding through
Metropolitan Water District of Southern California ("Metropolitan") and other
sources for a Regional Program to provide rebates to owners of single family
residences and commercial properties to encourage them to retrofit existing
operable irrigation timers with devices to control the amount of water used based
;upon weather conditions ("Smart Timers"); and
The Regional Program is scheduled to provide rebates for up to Five
'Thousand (5,000) Smart Timers installed by qualified participants in the Program
;area. Participating Agency is eligible to participate in the Regional Program and
%agrees to provide funding at the amount specified, as stated in Table 1, below,
'per Residential Smart Timer valve installed within its service area, and at the
amount specified, as stated in Table 1, below, per irrigated acre for commercial
sites which a rebate is issued pursuant to the Program, up to "Not to Exceed"
`maximum amounts as set forth in this Agreement; and
Participating Agency also agrees to provide funding for verification of
',Smart Timer installations by an outside consultant engaged by MWDOC as part
!of the Regional Program; and
~' The Regional Program's objectives are to achieve savings in water
;consumption, reduce water runoff to storm drains and natural water bodies, and
;promote the goals of the Best Management Practices.
NOW, AND THEREFORE, it is agreed by MWDOC and Participating
Agency as follows:
1. Residential Properties: MWDOC wil! contract for rebate services with
Metropolitan ("Rebate Contractor") to access their "SoCal Water Smart"
residential rebate program for Smart Timers.
A prospective residential participant who wants to participate in
the Smart Timer Rebate Program must contact the Rebate
Contractor at www.socalwatersmart.com or by calling-1-888-376-
3314 to request a rebate reservation number prior to the purchase
and installation of a Program eligible Smart Timer. If the
prospective residential participant purchases a Smart Timer and
then solicits the Rebate Contractor's reservation system,
participation in the Program will be denied. The Smart Timer
City of Seal Beach
Serrano Water District
South Coast Water District
Trabum Canyon Water District
City of Tustin
City of Westminster
Yorba Linda Water District
purchase receipt must be dated later than the reservation date. Once the
prospective residential participant obtains a reservation number, he/she may
proceed with the purchase and installation of the Program eligible Smart Timer.
The Rebate Contractor will request a recent water bill and the original receipt for
the purchase and installation of the chosen Smart Timer technology. The Rebate
Contractor will check each returned application for completeness and determine
the eligibility of the applicant to participate in the Program. If the participant is
determined to be eligible for the Program, the Rebate Contractor will forward to
MWDOC application data sufficient enough for MWDOC to issue a Work Order to
the Program's installation verification consultant. In order for a residential
participant to receive a rebate, the participant must first submit to a site
installation verification of the installed Smart Timer technology performed by the
Program's installation verification consultant, or the Participating Agency if it so
elects as provided herein. Upon completion of the site installation verification, the
installation verification consultant (or Participating Agency, if applicable) will
forward the inspection results to MWDOC who will review the inspection results
and forward them onto the Program's Rebate Contractor for final processing and
issuance of the rebate check. The final rebate calculated will be based on these
inspection results.
2. Commercial Properties: MWDOC will contract for rebate services with Rebate
Contractor to access their "Save a Buck" commercial rebate program for Smart Timers.
A prospective commercial participant who wants to participate in the Smart Timer
Rebate Program must contact the Rebate Contractor at www.mwdsaveabuck.com
or by calling-1-877-728-2282 to request a rebate reservation number prior to the
purchase and installation of a Program eligible Smart Timer. If the prospective
commercial participant purchases a Smart Timer and then solicits the Rebate
Contractor's reservation system, participation in the Program will be denied. The
Smart Timer purchase receipt must be dated later than the reservation date. Once
the prospective commercial participant obtains a reservation number, he/she may
proceed with the purchase and installation of the Program eligible Smart Timer(s).
Commercial participants may not obtain rebates by submitting an application to
the residential rebate program as described above.
A prospective commercial participant who wants to participate in the Smart Timer
Rebate Program must complete an application and return it to the commercial
Rebate Contractor. The commercial Rebate Contractor will require a recent
water bill and the original purchase receipt for the purchase and installation of the
chosen Smart Timer technology. The Rebate Contractor will check each
returned application for completeness and determine the eligibility of the
applicant to participate in the Program. If the participant is determined to be
eligible for the Program, the Rebate Contractor will forward to MWDOC
application data sufficient enough for MWDOC to issue a Work Order to the
Program's installation verification consultant. In order for a commercial
participant to receive a rebate, the participant must first submit to a site
installation verification of the installed Smart Timer technology performed by the
Program's installation verification consultant, or the Participating Agency if it so
elects as provided herein. Upon completion of the site installation verification, the
installation verification consultant (or Participating Agency, if applicable) will
forward the inspection results to MWDOC who will review the inspection results
and forward them onto the Program's Rebate Contractor for final processing and
issuance of the rebate check. The final rebate calculated will be based on these
inspection results.
3. MWDOC's Obligations: MWDOC will be responsible for designing the Regional
Program, setting the rebate level paid to a qualified participant, providing all necessary
staffing, materials, and administration to manage and implement the Regional
Program, and preparing reports on the Regional Program's results through contractors
and its own staff. These services will include:
• Providing marketing and informational material for the Program, except as noted in
the Participating Agency Obligations section of this Agreement;
• Working with Metropolitan and its Rebate Contractor to establish eligibility
requirements for prospective Program participants;
• Mailing marketing materials to prospective participants using lists of property
owners provided by the Participating Agencies;
• Providing a website, atoll-free telephone number, and printed informational
materials for prospective participants to learn about the Program and the steps to
participate;
• Informing participants about the eligible Smart Timer technologies and where they
may purchase an appropriate Smart Timer. (Purchase, installation and functioning
of Smart Timers will be the responsibility of the property owner, and participants
will be required to waive and release any claims against MWDOC, Metropolitan,
and the Participating Agency in order to receive a rebate);
• Facilitating quality control, verification of installation, and collection of data;
• Setting the rebate levels paid to participants. If the Participating Agency wishes to
add additional funds above the required $9 per active valve in order to increase the
rebate level, MWDOC will facilitate this additional funding with the Rebate
Contractor;
• Paying, through Metropolitan's Rebate Contractor facilitating the rebate payment,
participants who have completed the participation requirements to the satisfaction
of MWDOC on a per attached and operating valve basis for residential customers
and on a per acre basis for commercial customers, including HOA's;
• Developing a database of information regarding Program participation, including
the types of Smart Timers for which rebates are given;
• Providing monthly electronic and written reports of Program activity to Participating
Agency, and invoicing Participating Agency for its funding obligation;
• Invoicing Participating Agency for the specified amount per active valve and for
the specified amount per acre for those valves and acres installed within
Participating Agency's service area up to the "Not to Exceed" amount set forth in
this Agreement;
• Invoicing Participating Agency for any necessary pass-through inspection costs for
commercial Smart Timers provided within Participating Agency's service area by
installation verification consultant pursuant to consultant's agreement with
MWDOC up to the "Not to Exceed" amount set forth in this Agreement.
Invoicing Participating Agency for any necessary pass-through inspection costs for
residential Smart Timers installed within Participating Agency's service area and
inspected by installation verification consultant pursuant to consultant's agreement
with MWDOC up to the "Not to Exceed" amount set forth in this Agreement.
MWDOC shall not incur or pass through inspection costs for Smart Timers
inspected by Participating Agency.
• Facilitate providing Participating Agency with inspection notifications and work
orders for residential and commercial Smart Timers within Participating Agency's
service area.
As part of its administrative responsibility, MWDOC will work with Metropolitan's
two Rebate Contractors to track rebates paid to qualified residential and
commercial participants in order to limit the total number of rebates issued within
Participating Agency's service area so that the aggregate amounts of Participating
Agency's per-valve and per-acre funding contributions to rebates issued and pass-
through inspection costs are within Participating Agency's designated "Not to
Exceed" total liability amounts as listed in Table 1, below.
MWDOC shall provide Participating Agency with monthly electronic and/or written
reports. Residential rebates will be offered on a first come-first served basis while
program funding lasts. Therefore, if residential applications received from Program
participants throughout MWDOC's implementation area exhaust the number of
rebates available under the Program, it may not be possible to offer rebates within
Participating Agency's service territory up to the maximum "Not to Exceed" number
provided herein. MWDOC does not guarantee any minimum number of rebates will
be available for Participating Agency's service area.
MWDOC agrees to maintain the confidentiality of Participating Agency's customer
names, addresses and other information about the Program participants gathered
in connection with the Program, and will not cause or permit the disclosure of such
information except as necessary to carry out the Program. To the extent MWDOC
contracts with third party contractors to carry out all or any portion of the Program,
MWDOC will require the Contractor to maintain the confidentiality of said customer
information.
4. Participating Apency Oblipations• Participating Agency agrees to the following:
• Participating Agency will provide MWDOC with customer name and address
information for those residential and commercial water service accounts to which
Participating Agency would like to market the Program;
• If Participating Agency does not wish to provide addressing information,
Participating Agency will be responsible for marketing the Program to potential
participants, or some combination of either of the two marketing plans. The fact
that Participating Agency elects to assume responsibility for marketing shall not
reduce the Participating Agency's funding obligation; and
Participating Agency agrees to provide funding for the Program in the amount
specified in Table 1 below per Smart Controller residential active valve, in the
amount specified in Table 1 below per commercial acre installed at a qualified
property within Participating Agency's service territory for which a rebate is given
and costs for installation verification inspection (cost varies between residential and
commercial, see Exhibit 1), up to the maximum "Not to Exceed" numbers set forth
in Table 1 below. As part of its administrative responsibility, MWDOC will work with
Metropolitan's two Rebate Contractors to track rebate distribution in order to limit
the number of residential and commercial rebates issued within Participating
Agency's service area so that the aggregate amounts of Participating Agency's
per-valve and per-acre funding contributions to rebates issued and pass-through
inspection costs do not go over the Participating Agency's designated "Not to
Exceed" fiscal year totals:
Table 1
Category Participating Agency
No. of Valves or Acres Funding Amount Not to Exceed Funding Limit
Fiscal year 2009-211
Residential 1,420 valves $9 er Valve $12
780
Commercial 60.17 irrigated acres $120 per ,
$7 220
Irri ated Acre
Inspection Varies $0
Verification
Total $20,000
• MWDOC will invoice Participating Agency on a monthly basis for rebates issued in
the previous month period, and payment will be due within thirty (30) days of the date
of the invoice.
• Participating Agency may increase its "Not to Exceed" Funding Limit under this Letter
Agreement by written notice to MWDOC's General Manager made by the
undersigned representative of the Participating Agency or his or her successor. Any
increase must be made prior to the exhaustion of available funding.
In addition to the per valve and per acre funding shown in Table 1, Participating
Agency may be responsible for all residential and commercial Smart Timer
installation inspection costs incurred within its service area as required to verify
installations for which rebates were submitted as provided herein, up to the
maximum "Not to Exceed" numbers set forth in Table 1. Currently MWDOC has
additional Grant funding to cover verification of both residential and commercial
Smart Timer installation costs. Should this grant funding expire during the term of
this Agreement, MWDOC, upon notifying Participating Agency, reserves the right to
begin invoicing Participating Agency for Smart Timer installation inspection costs up
to the "Not to Exceed" amount set forth in Table 1 above.
Such costs shall be invoiced by MWDOC as apass-through cost on a monthly basis
and shall be based on costs invoiced to MWDOC by the installation verification
consultant. MWDOC shall begin invoicing Participating Agency upon receipt of
invoices submitted by the installation verification consultant for inspection services
provided on or after July 1, 2009. Invoicing of the Participating Agency shall continue
as long as both commercial and residential installation verifications continue. Exhibit
1, a current copy of MWDOC's installation verification consultant's invoice to
MWDOC, shows the current billing rates that will be used as the pass-through
amounts. Any future changes to the billing rates will also be passed-through based
on cost incurred in Participating Agency's service area.
Participating Agency can elect to conduct its own inspections for the residential
installations and submit reporting of the inspection results to MWDOC. If
Participating Agency elects to conduct its own inspections, the minimum reporting
requirements are as follows:
^ Inspection results verifying that the Smart Timer was installed and the
number of active irrigation valves hooked up to the Smart Timer
^ Site measurements of the irrigated area, which can be derived from
the Participating Agency's billing system;
^ Verification of the proper programming of the installed Smart Timer;
^ The number of valves connected to the installed Smart Timer;
^ The distribution uniformity of one turf valve;
^ Contact information for the participant; and
^ Complete and return to Rebate Contractor the inspection work order
supplied to Participating Agency in a timely manner.
• By participating in this Program, both the Participating Agency and the participant
acknowledge and agree that MWDOC is permitted to use historical water
consumption data for purposes of satisfying any grant requirements of the Program.
5. Indemnification: MWDOC has designed the Program as a rebate program in which the
property owner is solely responsible for selecting, purchasing, and installing the Smart
Timer. Property owner will be required to sign a release and waiver of any claims
against MWDOC, the Participating Agency, and any other funding agency as a
condition of participating in the Program. To the extent MWDOC or the Participating
Agency or their staff pertorms any activities in connection with the Program, each
agrees to indemnify and hold the other harmless from any and all liability, claims,
obligations, damages and suits arising out of its negligence or liability without fault in
the pertormance of such activities, except to the extent such liability, claims, obligations,
damages or suits arise from the other's negligence or liability without fault.
6. Term: The Program commenced on or about September 1, 2004, and until June 30,
2009 was covered under separate, previous agreements. Effective July 1, 2009, this
agreement supersedes the previous agreement and wilt continue until June 30, 2011 or
until the targeted number of rebates has been exhausted, whichever occurs first
("Program Expiration"). If the maximum number of rebates for Participating Agency's
service area has been issued prior to Program Expiration, MWDOC will direct its
Rebate Contractor to discontinue offering the Program in Participating Agency's service
area; however, final reporting of Program results will not be completed until after the
Program Expiration date. The per-valve, per-acre and maximum funding amounts in
Table 1 shall apply to Fiscal Year 2009-2010 and, unless changed as provided in the
following sentence, shall also apply for any subsequent fiscal years during the term of
this Agreement. If MWDOC and Participating Agency agree to change any of the Table
1 funding amounts for fiscal years after 2009-10, they shall amend this agreement to
replace Table 1 with a revised Table 1 showing the changed amounts and specifying
the effective date thereof.
7. Early Termination: Participating Agency may terminate this Agreement prior to the
Program Expiration date, or prior to distribution of the maximum number of rebates for
Participating Agency's service area, upon thirty (30) days' written notice to MWDOC.
MWDOC may terminate this Agreement prior to the Expiration Date, or prior to
distribution of the maximum number of rebates for Participating Agency's service area,
without prior notice in the event funding for this Program is exhausted, reduced, or
eliminated from any funding source. Otherwise, MWDOC may terminate this Agreement
for any reason upon thirty (30) days' written notice to Participating Agency. Participating
Agency will be responsible for payment of its funding contribution for all rebates made
before and after the effective date of the termination for all applications initiated by
Program participants within Participating Agency's service area prior to the effective
date of the termination. For purposes of this paragraph, an application is deemed
initiated when the Program participant obtains an application and his participation is
logged-in by the Rebate Contractor. Whether the Agreement is terminated by
Participating Agency or MWDOC, MWDOC will nevertheless provide Participating
Agency with reports of rebate activities in Participating Agency's service area.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through
the authorized officers on _ (~ ~~~.. , 2009.
MUNICIPAL W TER DIST, OF
EC N
Kevin P. Hunt, Ge era Manager
CITY OF ETA ~
l~ted: ~ ~ Z ~ ` `
Approv to For
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McCormick, Kidman & Behr s, LLC
Russell G. Behrens
Daniel J. Payne
Legal Counsel
Approved as to Form
` ~.
Attorney
INITIATED AND APPRRVED:
REVIEWED AND APPROVED:
A7TES?~
~~
PATR/C!A ~ y,Eq~y
C6ERK Ole THE CD(JNC/t