HomeMy WebLinkAboutMUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) 11-OCT 2 12013
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Agreement for Participation
in
Municipal Water District of Orange County's
Water Smart Home Certification Program
N- 2013 -144
This agreement for participation and, where indicated, co- funding ( "Agreement ")
is made on the last date signed below by and between MUNICIPAL WATER DISTRICT
OF ORANGE COUNTY ( "MWDOC ") and the CITY OF SANTA ANA ( "Agency "). When
executed, this Agreement provides for participation in the Water Smart Home
Certification Program ( "Program ") administered by MWDOC in Agency's service area,
as described herein.
Rebate Program. MWDOC has developed and arranged funding for the Program
through the United States Bureau of Reclamation ( "USBR ") and the Metropolitan
Water District of Southern California. The Program will provide financial incentives
on a first come, first served basis while USBR funding lasts for the performance of
indoor and outdoor water use surveys for residential single - family detached property
owners within Agency's service area. Water Smart Home Certification Applicants
must meet Program guidelines to be eligible for the Program. Through an extensive
marketing campaign designed to convince Orange County, California single - family
home owners of the value of a home water survey, the Program's objectives are to
identify potential water savings inside and outside the home and encourage property
owners to perform water saving enhancements intended to reduce residential water
consumption.
2. Site Inspection; Election by Agency. Agency must either (1) allow MWDOC's site
installation inspection consultant, Mission Resource Conservation District (MRCD),
to conduct indoor and /or outdoor home water surveys, or (2) conduct indoor and /or
outdoor home water surveys for all Program Applications submitted to MWDOC from
within the Agency's service area. If Agency elects to conduct indoor and outdoor
home water surveys, MWDOC will provide $133.50 for surveys meeting all MWDOC
survey program requirements, conducted in both indoor and outdoor areas of the
site. If only an outdoor survey is performed, MWDOC will provide $89.00, provided
the completed survey meets all MWDOC survey program requirements.
By its initials below, Agency hereby elects to either:
(1) Conduct its own surveys,
as described herein:
Initials Here
or
(2) Allow MWDOC to conduct surveys,
as described herein: M
Initials Here
Agreement for Participation
MWDOC's Home Certification Water Survey Program
NOTE: During the Term of this Agreement, the Agency may change its election at any
time by giving written notice to MWDOC on Agency letterhead signed by an authorized
Agency representative.
3. Agency's Obligations. In addition to the obligations stated above, under this
Agreement Agency shall be responsible to MWDOC for the following:
3.1. General provisions for Agency participation in the Program
3.1.1. Agency will work with MWDOC in good faith to evaluate each site's
qualifications for participation in the Program.
3.1.2. Agency will work in an expedient manner to process all Applicants
through the Program.
3.1.3. Agency will provide MWDOC with any requested water use data of
customers in the Program in a timely manner.
3.1.4. Agency will respond to requests from MWDOC for information
regarding the Program in order for MWDOC to perform program
duties.
3.1.5. Agency will work closely with MWDOC's marketing and promotion
efforts in order to assist MWDOC with achieving the Program goals.
3.1.6. Each Applicant requesting to participate in the Program will be
required to prove residency in Agency's service territory. In order to
verify residency, in response to MWDOC's request, Agency will
verify that Applicant is a customer of Agency. MWDOC will email
Agency Applicants contact information, including water account
number and Agency will respond by email within one (1) business
day.
3.1.7. Verification notification will consist of the following;
• Affirmation or rejection of Applicant residing in Agencies
service territory.
• Applicant is the owner of the survey location
• Location is a single - family detached house
3.1.8. Included as part of the Program, MWDOC will take the results of
the data collected and issue a customized Home Water Audit
Report detailing all of the water using devices and any potential
enhancements the Applicant can make to become a Water Smart
Home. Agency will declare to MWDOC how they wish MWDOC to
Agreement for Participation
MWDOC's Home Certification Water Survey Program
deliver the audit report, either given directly to the Applicant or to
the Agency for distribution to the Applicant.
3.1.9. Included as part of the Program is the potential for each home
water survey site to be "Certified" as a Water Smart Home. These
Water Smart Homes will be given an official Certification document.
Agency will declare to MWDOC how they wish MWDOC to deliver
the Certifications, either directly to the Applicant or to the Agency
for distribution to the Applicant.
3.2. If Agency elects to have MWDOC perform all home water surveys within
Agency's service territory, Agency shall be responsible for the following
activities.
3.2.1. Agency will work with MWDOC in good faith to resolve differences
regarding the status of a particular survey, but the final decision on
issuing a Home Water Smart certificate lies with MWDOC.
3.2.2. Upon request by MWDOC, Agency will work to assist Applicant with
Program participation issues.
3.3. If Agency elects to perform the home water survey, Agency shall be responsible
for the following activities (If Agency elects to have MWDOC perform the survey,
through MRCD, MWDOC shall be responsible for these activities).
3.3.1. Upon receipt of a Program Application, MWDOC shall enter the
application information into its database and issue a home water
survey work order to Agency. Agency shall
• Contact the Applicant and schedule the home water survey,
• Secure from the Applicant written authorization to perform the
home water survey. Applicant permission is for both indoor
and outdoor access to the property. Attachment 1, attached
herein, is the Written Permission Access Waiver
• Complete as accurately as possible and in full, the home water
survey data collection forms. Attachment 2, attached herein, is
the Data Collection forms Agency will use to collect home
water survey site data.
• Take digital photos of the home water survey site detailing the
overall landscape condition, irrigation devices, any leaks
present, and any other relevant landscape issues.
3.3.2. At the conclusion of the home water survey, Agency shall submit
the completed work order to MWDOC along with a signed release
by the residential Applicant acknowledging the survey was
performed with permission given to the Agency to enter the
property.
Agreement for Participation
MWDOC's Home Certification Water Survey Program
3.3.3. Submitted work orders must be sent via email along with a
database in Excel format, which will be provided to Agency by
MWDOC, that includes all the data points collected during the
home water survey.
3.3.4. Monthly invoices must be submitted by the 10th of each month,
detailing surveys completed in Agency's service area. Invoices
must include a report with the following attributes: first and last
name, application number, street address, date of survey, and total
number of surveys.
4. MWDOC's Obligations. In addition to the obligations stated above, under this
Agreement MWDOC shall be responsible to Agency for the following:
4.1. Providing a reimbursement of $133.50 per each combined indoor and outdoor
survey performed, and $89.00 per each survey performed outdoor only.
Reimbursements for surveys are on a first -come, first -served basis while USBR
funds exist during the term of this Agreement. MWDOC does not guarantee the
USBR funding will last the entire term of the Agreement;
4.2. Databasing all applications received on Agency's behalf;
4.3. Ensuring that timely reports on the Program's results are prepared by MWDOC's
staff;
4.4. Developing a database of information regarding participation in the Program and
providing monthly electronic and written reports of activity to Agency. The
electronic reports will include, without limitation, Agency's customer account
number, customer name, service address, survey results;
4.5. Providing a reimbursement report to Agency for the home water surveys
performed in Agency's service territory. MWDOC does not guarantee any
minimum number of surveys will be available for Agency's service area.
4.6. Reporting to Metropolitan on a monthly basis, detailing the surveys performed
activity and requesting reimbursement for those surveys.
4.7. At the conclusion of the home water survey, issuing a home water survey report
notifying the Applicant of their indoor and outdoor scoring results and the
recommendations to increase their home water savings and obtain a water
smart home certification.
4.8. It will be the responsibility of Applicant to supply MWDOC with proof that water
saving actions have been taken at the home, warranting a Water Smart Home
Certification. Upon submittal of proof that all actions have been taken, MWDOC
Agreement for Participation
MWDOC's Home Certification Water Survey Program
shall review the submitted invoices, documents, actions and compare them with
the home's Water Smart Report for final certification scoring.
5. Confidentiality. MWDOC agrees to maintain the confidentiality of Agency's
customer names, addresses and other personal information gathered in connection
with the Program. MWDOC will not cause or permit the disclosure of such
information except as necessary to carry out the Program or as required by law. To
the extent MWDOC contracts with third party contractors to carry out all or any
portion of the Program, MWDOC will make every reasonable effort to ensure that
such contractors maintain the confidentiality of such customer information.
6. Indemnification. MWDOC has designed the Program so that the Applicant is solely
responsible for the manner in which the recommendations contained in their home
water survey report are performed, and each Applicant will be required to sign a
release and waiver of any claims against MWDOC and /or Agency. MWDOC will
require Applicants to indemnify MWDOC and Agency against any claims arising out
of the recommendations in their home water survey report. Nevertheless, to the
extent that MWDOC or Agency or their respective staffs perform 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 their
respective activities.
7. Term. This Agreement shall commence on the last date signed below and continue
until June 30, 2015 ( "Program Expiration "), unless extended by the parties.
8. Early Termination. Agency may terminate this Agreement at anytime upon thirty
(30) days' written notice to MWDOC. MWDOC may terminate this Agreement prior
to the Program Expiration date without prior notice in the event funding for the
Program is exhausted, reduced, eliminated, or unavailable from any funding source,
for any reason. If MWDOC deems it necessary to terminate this Program for any
other reason, MWDOC shall give Agency thirty (30) days' written notice.
USBR Mandatory Contracting Provisions. As required by the USBR grant
agreement with MWDOC, the contract provisions set forth in Exhibit A are
incorporated herein by this reference. Under the Program described herein, Agency
and MWDOC do not anticipate that Agency will enter into any contracts to procure
property or services for which the Agency will seek reimbursement from federal
funds under this Agreement. If, and only to the extent, Agency enters into such a
contract, the contracting party shall be subject to the contract provisions in Exhibit A.
10. Certification re Lobbying (43 CFR 18). The undersigned hereby certifies on behalf
of the Agency that no Federal appropriated funds have been paid or will be paid, by
or on behalf of the Agency, to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
Agreement for Participation
MWDOC's Home Certification Water Survey Program
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
10.1. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying"
in accordance with its instructions.
10.2. The Agency shall require that the language of this certification be included
in the award documents for any subawards by the Agency at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that subrecipients, if any, shall certify accordingly.
MUNICIPAL W TER DISTRICT OF
=GU.11
TY
IMVrtFrr General Manager
Date: Ill, aN. �3
CITY -FANA,
Carlos Rojas
Acting City Manager io- /3
r,1 ,33 , -
Nabil Saba, P.E.
Water Resources Manager
Date: �J/Seell3
Approved as to Form:
L ura Sheed i y Attorney
Date: 10/1-//3
Attest
,Maria D. Huizar
Clerk of the Council
Date: 10-13 /
Agreement for Participation
MWDOC's Home Certification Water Survey Program
EXHIBIT A
BUREAU OF RECLAMATION CONTRACT PROVISIONS
Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR chapter
60). (All construction contracts awarded in excess of $10,000 by grantees and
their contractors or subgrantees.)
2. Compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts
and subgrants for construction or repair.)
Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as
supplemented by Department of Labor regulations (29 CFR Part 5). (Construction
contracts in excess of $2000 awarded by grantees and subgrantees when
required by Federal grant program legislation.)
Compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor
regulations (29 CFR Part 5). (Construction contracts awarded by grantees and
subgrantees in excess of $2000, and in excess of $2500 for other contracts which
involve the employment of mechanics or laborers.)
5. Notice of awarding agency requirements and regulations pertaining to reporting.
6. Notice of awarding agency requirements and regulations pertaining to patent
rights with respect to any discovery or invention which arises or is developed in
the course of or under such contract.
7. Awarding agency requirements and regulations pertaining to copyrights and rights
in data.
8. Access by the grantee, the subgrantee, the Federal grantor agency, the
Comptroller General of the United States, or any of their duly authorized
representatives to any books, documents, papers, and records of the contractor
which are directly pertinent to that specific contract (i.e., contract to procure
property or services for which the Agency will seek reimbursement from federal
funds under this Agreement) for the purpose of making audit, examination,
excerpts, and transcriptions.
9. Retention of all required records for three years after grantees or subgrantees
make final payments and all other pending matters are closed.
Agreement for Participation
MWDOC's Home Certification Water Survey Program
10. Compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean
Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and
subgrants of amounts in excess of $100,000)
11. Mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871).
12. DEBARMENT AND SUSPENSION (2 CFR §1400). The Department of the
Interior regulations at 2 CFR 1400 — Governmentwide Debarment and Suspension
Non procurement), which adopt the common rule for the governmentwide system
of debarment and suspension for nonprocurement activities, are hereby
incorporated by reference and made a part of this Agreement. By entering into this
grant or cooperative Agreement with the Bureau of Reclamation, the Recipient
agrees to comply with 2 CFR 1400, Subpart C, and agrees to include a similar
term or condition in all lower -tier covered transactions. These regulations are
available at htto : / /www.ar)oaccess.gov /eefr /.
ATTACHMENT 1
Water Smart Home Certification Program
Release and Waiver of Liability; Temporary Permission to Enter
The undersigned Applicant, for and in consideration of participation in the Municipal Water District of
Orange County's Water Smart Home Certification Program ( "Program "), states as follows:
1. Release and Waiver of Liability. Applicant executes this Release and Waiver of Liability ( "Release ")
on the date shown below in favor of the Municipal Water District of Orange County ( "MWDOC "), the
[RETAIL AGENCY], the United States Bureau of Reclamation, the
Metropolitan Water District of Southern California, and their respective directors, officials, officers,
employees, agents, volunteers or other representatives (collectively, the "Agencies "). Applicant
hereby waives, releases, discharges and agrees to indemnify and hold harmless the Agencies of and
from any and all liabilities, claims or damages, including attorneys' fees and costs, by reason of or in
connection with Applicant's participation in the Program, including without limitation damage to
vegetation or landscaping related to changes or improvements recommended to the Applicant in the
course of the Program.
2. Temporary Permission to Enter. Subject to the terms and conditions set forth herein, the Applicant
grants to MWDOC, MWDOC's designated representative Mission Resource Conservation District
(MRCD), [RETAIL AGENCY] and their agents ( "Permittees ") a right to enter
and move around on the property identified below ( "Property ") as needed to conduct one or more
surveys required for the Program and for no other purpose. Nothing in this Agreement provides
Permittees any permission or right to conduct any other activity on or about the Property.
Permittees shall make arrangements with the Applicant in advance for entry and access to the
Property at a mutually convenient time. Only the Permittee and the employees, contractors, or
agents of Permittee, if any, may enter the Property. The Applicant may be present at all times during
the survey(s).
APPLICANT
I CERTIFY THAT I AM AT LEAST 18 YEARS OLD AND HAVE CAREFULLY READ AND UNDERSTAND THE
CONTENTS OF THIS RELEASE AND WAIVER OF LIABILITY. I UNDERSTAND THAT I AM GIVING UP VALUABLE
LEGAL RIGHTS.
Signature of Homeowner Date Signed
Name of Homeowner Property Address
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