HomeMy WebLinkAbout25J - AGMT - SCHOOL OUTREACH PROGN
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CITY COUNCIL MEETING DATE:
AUGUST 2, 2016
TITLE:
APPROVE AGREEMENT WITH THE
MUNICIPAL WATER DISTRICT OF ORANGE
COUNTY FOR MUTUAL AID SUPPORT
SERVICES AND MIDDLE AND HIGH SCHOOL
EDUCATIONAL OUTREACH PROGRAMS
[NONGENERAL FUND]
{STRATEGIC PLAN NO. 1, 21); 4, 1; 5,2; 7,5F)
r '
CITY MANAGERV
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
FTMJIT"11100�"b
❑ As Recommended
❑ As Amended
❑ Ordinance on 1't Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with the Municipal
Water District of Orange County for participation in the water emergency response organization of
Orange County, school education programs, water use efficiency programs and other related
programs and services to support the Water Enterprise for an initial term of three years,
beginning upon approval by the Municipal Water District of Orange County and ending June 30,
2019, with an option to extend for three years, in an amount not to exceed $333,000 over the life
of the agreement, including the extension period, subject to nonsubstantive changes approved by
the City Manager and City Attorney.
DISCUSSION
In 1933, the Municipal Water District of Orange County ( MWDOC) was created to serve Orange
County water retailers. MWDOC provides wholesale water, services, and programs to its Orange
County member agencies. While the Water Resources Division does not purchase water from
MWDOC, it has purchased water enterprise support services. Water Resources also participates
in MWDOC programs that assist in planning, operations, efficiency, conservation, and community
education efforts, while focusing on its core mission of delivering clean, safe, and reliable drinking
water.
The agreement between MWDOC and the City of Santa Ana allows the parties to collaborate on
water resources activities, including planning analysis and reports, water use efficiency programs,
school education programs, emergency preparedness programs, and other joint efforts. The City
has previously contracted with MWDOC for most of these services and expects to continue into
the foreseeable future. Contracting with MWDOC for these services is an efficient and cost -
effective service delivery method for the City, due to MWDOC's extent, regional focus, and
experience in providing these services. As an example of the services rendered via MWDOC
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Agreement with MWDOC for Support Services and Programs
August 2, 2016
Page 2
agreements, in the last year, over 3,160 water conservation rebates were processed; over 30,000
Santa Ana elementary and high school students and teachers participated in water conservation
education programs; and, the City worked collaboratively with MWDOC to prepare the 2016
Urban Water Management Plan for Santa Ana. In lieu of the proposed agreement, the City would
have to hire additional staff and /or obtain the services of multiple contractors to achieve the same
results.
This agreement enables staff to more quickly and efficiently engage in MWDOC activities by
clearly establishing a basic foundation for this contractual business relationship for the term of the
agreement. It will supersede any existing agreements between the City and MWDOC for the
indicated activities.
The agreement provides for the following activities traditionally delivered by MWDOC:
• Water use efficiency programs
• School education programs (elementary and high school)
• Water emergency preparedness activities, including annual support of the water emergency
response organization of Orange County
• Shared consulting agreements
• Water resources planning
• Strategic services
• Water loss control services
• Urban water management plans
To standardize and simplify implementation of these activities, the agreement requires approval
of additional programs and services at the City's sole discretion. Approval of the agreement will
give the Water Resources Manager approval authority to participate in specific programs and
services offered by MWDOC. Should the City desire to add additional services or programs that
require funding during the term of this agreement, staff will seek Council review and approval of
an amendment to incorporate those activities into this agreement or a separate agreement.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #1 - Community Safety, Objective
#2 (broaden communications, information sharing, and community awareness of public safety
activities), Strategy D (expand Community awareness of Public Safety activities, programs and
services that focus on risk reduction (smoke alarms, water safety, pedestrian safety, fire
safety /prevention);
Goal #4 - City Financial Stability, Objective #1 (maintain a stable, efficient and transparent
financial environment);
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Agreement with MWDOC for Support Services and Programs
August 2, 2016
Page 3
Goal #5 - Community Health, Livability, Engagement and Sustainability, Objective #2 (expand
opportunities for conservation and environmental sustainability);
Goal #5 - Community Health, Livability, Engagement and Sustainability, Objective #2 (expand
opportunities for conservation and environmental sustainability); and,
Goal #7 - Team Santa Ana, Objective #5 (create a culture of innovation and efficiency within the
organization), Strategy F (explore opportunities to engage with outside agencies, both private
and public, to share information and increase efficiencies).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. Future fiscal impacts incurred
through subagreements will comply with the amounts indicated above and the limitation of
financial commitment by the City in Section 11 of the attached agreement. Funding. will be
verified by Finance & Management Services during Fiscal Years 2016 -17, 2017 -18, 2018 -19 and
applicable renewal options as needed, prior to the execution of program subagreements.
Implementation of any services identified in the agreement is subject to funding availability in the
Capital Recovery Charges, Sanitary Sewer Services, Water Enterprise, and Water Utility Capital
Funds (054, 056, 060, and 066, respectively).
FrO Mousavipour
Executive Director
Public Works Agency
FM /NS /RR
Exhibit: 1. Agreement
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AND THE CITY OF SANTA ANA
THIS AGREEMENT (the "Agreement ") is made as of . , 2016 by and
between the Municipal Water District of Orange County ( "MWDOC ") and the City of Santa
Ana ( "City ") to provide for participation by the City in various programs and services
administered by MWDOC, as described herein. The City and MWDOC are referred to jointly
as "Parties" and individually as "Party." City Staff shall be defined as the City's Water
Resources Manager or his designee. That role is currently filled by Nabil Saba, PE, City of
Santa Ana Water Resources Manager.
RECITALS
WHEREAS, the Parties are both member agencies of the Metropolitan Water District
of Southern California ( "Metropolitan ") and have many common interests related to water
activities, programs and organizations within Orange County; and
WHEREAS, the Parties share many water planning characteristics, including location,
climate history, demographics, water sources, water supplies and demand management
measures; and
WHEREAS, the Parties share a long and successful history of collaborating on water
resource activities, planning analyses and reports, water use efficiency programs, school
education programs, emergency preparedness programs and otherjoint efforts; and
WHEREAS, the Parties desire to cooperate and pool resources to obtain economies
of scale on joint studies and programs, share information developed independently, simplify
the process of implementing water use efficiency measures, and maximize grant funding for
all of these activities; and
WHEREAS, the Parties understand that all programs administered are done so that
the ultimate decision to participate and seek a rebate is made by the end water user within
the City; and
WHEREAS, the Parties have prepared this Agreement to address the common goal of
consolidating and streamlining the contracting procedures required for MWDOC's
administration of, and the City's participation in, the programs and services referenced herein;
NOW, THEREFORE, the Parties agree as follows:
1. OVERVIEW OF JOINT ACTIVITIES
a) The Agreement shall cover those activities as can be agreed to between MWDOC and
the City including the following:
Water Use Efficiency (WUE) Programs
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• School Education Programs (Elementary and High School)
• Water Emergency Preparedness Activities including annual support of the Water
Emergency Response Organization of Orange County (WEROC)
• Shared Consulting Agreements
• Water Resources Planning
• Strategic Services
• Water Loss Control Services
• Urban Water Management Plans
b) The provisions as described below shall apply to the above services.
2. WATER USE EFFICIENCY PROGRAMS ( "WUE PROGRAMS ")
a) Subject to the limitations set forth in Sections 2 - 5, the Parties shall work together to make
WUE Programs available to water users throughout the City's water service area. In
general, the City will have access to the same "Choice" WUE Programs that are available
to MWDOC's member agencies. Each year, as MWDOC's budget is developed, MWDOC
shall provide notice to the City by submitting the WUE Program Participation cost estimate
(budget) for the subsequent fiscal year (same as it provides to all of its member agencies)
to allow the City to consider participation. City has the sole discretion to participate.
MWDOC shall also provide City with any other information or documents which are
required for participation in WUE Programs or reasonably requested by the City in
connection with WUE Programs. For each fiscal year, the City shall review the WUE
Program Participation cost estimate and choose the WUE Programs, the level of its
participation, and funding levels that the City deems beneficial. In connection with the
foregoing, the City will notify MWDOC via email regarding the City's financial participation
in the upcoming fiscal year. Whenever NEW opportunities for WUE programs shall
become available, MWDOC shall notify the City Staff and provide sufficient details and
requirements for each, and estimated costs for City's review and decision regarding
participation. The City Staff shall provide MWDOC an email confirmation regarding
whether it intends to participate in the NEW opportunities and its level of participation.
b) Except to the extent of the elections made in the WUE Participation Notification, the City
shall have no obligation to participate in any WUE Program, including, but not limited to,
any obligation to provide financial contribution to such program, unless elected to by the
City Staff as outlined in Sections 2 - 5.
3. WUE PROGRAMS WITH NO MATCHING CONTRIBUTION REQUIREMENT
a) Subject to the limitations set forth herein, the Parties agree that the WUE Programs
chosen by the City for participation, with the exception of any WUE program that requires
City funding, shall be made available throughout the City's water service area for the Term
of this Agreement, without the need for a separate agreement between the Parties beyond
this Agreement. City participation in any WUE program that requires City funding shall
proceed only upon approval of the City, as provided herein.
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b) At the time this Agreement is made, the following WUE Programs are available to the City
from MWDOC and they do not require local match funding from the City or any other
contribution from the City. The City may voluntarily elect to provide, as described below,
supplemental funding in order to enhance the level of incentive paid to the participant.
• Drought Response Turf Removal Program (SAWPA)
• Comprehensive Oil Program (SAWPA)
• Comprehensive Landscape Program (USER)
• Water Smart Landscape Program (aka - Landscape Performance Certification
Program)
MWDOC will provide the City with support for these programs in the form of marketing
materials and staff support. Grant funding obtained by MWDOC for WUE Programs will
be made available to end water users within the City's water service area in the same
manner it is made available to MWDOC member agencies.
c) When required for any WUE Program, as determined by MWDOC and the program
design, and subject to provisions in Sections 2 - 5, the City will be required to conduct pre -
and post- installation verification inspections and will provide MWDOC with documentation
showing inspection results. Personnel and equipment costs incurred by the City, if any,
will not be reimbursed by MWDOC or any other third party. Such inspection obligations
shall not exceed those levels or amounts set forth in the WUE Participation Notification,
attached hereto as Exhibit A. If City has agreed to participate in any program that requires
inspections, the City may, in the alternative to the foregoing, request in writing in response
to the WUE Program Participation budget that MWDOC direct its inspection contractor to
conduct pre- and post - installation verification inspections, at the City's cost, provided
MWDOC provides City with an estimate for these costs and City Staff approves such
costs. MWDOC shall invoice the City monthly for such inspection costs. In addition to the
direct costs to MWDOC, reasonable staff time and overhead attributable to the inspection
services may be invoiced to the City and the City is responsible for paying MWDOC for
such.
d) Should City request to add supplemental funding in order to increase incentive levels
beyond the levels established, City may do so at its sole discretion by listing the per device
and total funding amounts in its response to the WUE Program Participation budget.
Submittal to MWDOC of the WUE Participation Notification document with changes by the
1011 of the month will take effect by the first of the following month.
4. WUE PROGRAMS WITH MATCHING LOCAL CONTRIBUTION REQUIREMENT
a) The Parties agree that MWDOC's WUE Programs that require a local contribution shall
be made available throughout the City's water service area for the Term of this Agreement,
without the need for a separate agreement between the Parties beyond this Agreement.
Selection to participate by the City and the level of funding required for any MWDOC WUE
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program device will be designated in the WUE Program Participation budget. Any
changes, such as funding levels, program participation, and /or overall funding amounts,
City wishes to make during the Term of this agreement will be made in response to the
WUE Program Participation budget.
b) The local contribution required under these Programs varies. The amount of local match
funding required for any particular device will be determined by the availability of other
funding, and the City's share of the local matching fund for each device installed shall be
mutually agreed upon between the City and MWDOC prior to the commitment of City
funds, which the City shall acknowledge by submitting a response to the WUE Program
Participation budget.
6. WUE PROGRAM COST ALLOCATION AND INVOICING
a) During its annual budget process, MWDOC shall allocate to the City a proportionate share
of MWDOC's estimated WUE Program costs. This share is determined by calculating the
percentage of total outside funding provided during the previous calendar year to WUE
Program participants within the City's service area compared to the total of all outside
funding under MWDOC's WUE Program. That percentage is then applied to MWDOC's
total WUE "Choice" Program budget, including personnel and overhead costs. Based on
the information provided, the City shall decide whether or not to participate and shall
advise MWDOC. This allocation process is the same as the allocation process used to
allocate costs to MWDOC's member agencies.
b) For those programs included in the WUE Program Participation budget, MWDOC shall
invoice the City for WUE Program costs no later than August 30 of each year, and the City
shall pay the amount due within thirty (30) days of receipt of the invoice. MWDOC must
be notified of any disputed invoice within 30 days of receipt.
c) A reconciliation of actual WUE Program costs will be performed at the end of each year
during MWDOC's budget process and reflected in the invoice sent to the City the following
year.
d) MWDOC shall invoice the City on a monthly basis for any local funding required, including
the per device amounts, any inspection costs, and /or any provided supplemental funding,
provided the City has agreed to participate in such programs. Such Invoices shall be
mailed by the 10th day of each month for the preceding month and shall be paid by the
City within 30 days. The amount invoiced per device shall be determined by MWDOC and
conveyed to City prior to City's participation. All funding amounts will be listed in the WUE
Program Participation budget.
6. SCHOOL EDUCATION PROGRAMS (ELEMENTARY AND HIGH SCHOOL)
a) MWDOC's School Education Programs are offered as a "Choice" program offering on a
pay -for- service program manner for both MWDOC's member agencies and the Cities of
Anaheim, Fullerton and Santa Ana. The programs and options are described below.
Typically, these programs are structured and priced annually through MWDOC's
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budgeting process. The School Education Program services offered by MWDOC and the
City annually selects targets for both Elementary and the High School Programs. MWDOC
and its contractors agree to attempt to fulfill the target amounts, but cannot guarantee
such and will charge the City based on actual students and schools involved in the
programs. For the School Programs, MWDOC will invoice for the total annual estimated
costs and will provide a reconciliation at the year -end, based on the actual services
provided.
b) Elementary School Grades 1 -6
i) Currently, the Elementary School Program is operated by the Discovery Science
Foundation under contract with MWDOC and offers services based on the number of
students desired by each of the member agencies. The program is offered to grades
1 -6 with all students using the Keypad Program. The final billing is based on actual
number of students that participate.
c) High School Program
Currently, the High School Program is being conducted by contract with MWDOC by
Inside the Outdoors, a department of the Orange County Department of Education and is
being conducted in partnership with The Ecology Center. The program offers two parts as
follows:
i) Basic Program - MWDOC structured the "digital portion" of the High School Program
and the High School Teacher Training portion of the program, with costs allocated to
member agencies and the City based on the High School Student Population count
per water serving agency. This was done because the "digital" portion of the program
involves development of a web -based program armed at attracting and engaging high
school students from all over the County and because the Teacher Training is open to
all teachers In the County.
ii) Specific Funding to a High School in the Member Agency Service Area -Agencies can
elect to have at least one High School in their service area participate in the detailed
program involving their entire student body. Agencies can opt in or out of this portion
of the program if they do not want it offered for their service area.
7. THE WATER EMERGENCY RESPONSE ORGANIZATION OF ORANGE COUNTY
( WEROC)
a) The parties may participate, without the need for an additional agreement in WEROC
operations. MWDOC provides the overall staff and support for WEROC and has
historically allocated the costs for WEROC among MWDOC, Orange County Water
District, the Cities of Anaheim, Fullerton and Santa Ana, the Orange County Sanitation
District and the South Orange County Wastewater Authority. The purpose of WEROC is
to assist water and wastewater services with preparedness and response coordination for
mutual aid and other services and to represent water and wastewater entities at the
Orange County Operational Area. In order to build the relationships needed for effective
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response, WEROC works with member agencies, Metropolitan Water District of Southern
California, the County Operational Area, the State Office of Emergency Services and other
emergency response partners throughout the year to educate, network and train together.
WEROC staff works with its member agencies (including the City) on emergency plans
and standard operating procedure development, review of state and federal required
trainings for grant eligibility, disaster readiness, disaster exercise development, grant
identification and applications and response and recovery coordination. Lastly, WEROC
staff maintains two emergency operation centers, its own response plans and the
backbone of the WEROC radio communications system. In providing these services
WEROC continues to lead the nation as a model for water and wastewater emergency
coordination and response.
b) MWDOC will charge a percentage of WEROC's annual budget to the City to fund WEROC
operations. The historical percentage allocated is 3.80% and is based on historical
negotiations among the WEROC funding partners. The proposed program budget and
funding agency charges will be submitted to City for budgetary consideration annually.
8. SHARED CONSULTING SERVICES
a) The Parties may participate, without the need for an additional agreement, in the planning,
research, policy development, water resources planning, strategic processes and other
activities that require engagement of an outside consultant. MWDOC shall provide the City
a copy of each consultant's proposal for review and comments. For each consultant so
engaged, the City will notify MWDOC if it elects to participate in the consulting services
and the limit of its financial participation. These and otherjoint activities and studies related
to water resources planning are basic and recurring functions for both MWDOC and the
City, and the City's Water Resources Manager shall have discretion to authorize
participation by the City in consulting contracts administered by MWDOC by giving written
notice to MWDOC, provided the Agreement Limit (defined below) has not been reached.
b) The City shall not have any obligation to pay for this consultant unless the City agrees to
participate in the consultant's proposed costs.
9. AWARD AND ADMINISTRATION OF CONSULTANT AGREEMENTS
a) When programs or services desired by the City and administered by MWDOC require
MWDOC to engage a consultant, MWDOC will use its standardized professional services
agreement as a form and will modify it as required for each particular engagement.
MWDOC will award the agreement pursuant to its own Administrative Code and
procedures, except as noted in this Agreement.
b) For each professional services agreement, MWDOC will determine appropriate insurance
requirements. When MWDOC requires a consultant's insurer to name MWDOC, its
directors, officers, agents, employees, attorneys, consultants and volunteers as additional
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insureds, the same requirement will be made for the City and its Council, officers, agents,
employees, attorneys, consultants and volunteers. Other protections in MWDOC's
insurance requirements, including waiver of subrogation rights, will also be extended to
the City when practicable.
c) MWDOC shall administer such professional services agreements and coordinate all
aspects of the proposed work. MWDOC shall communicate with the City regularly and
upon request regarding the status of the agreement and the work for each professional
services agreement in which the City has elected to participate.
d) MWDOC shall invoice the City for the City's share of total costs anticipated for each
professional services agreement in which the City has elected to participate, as
contemplated in this Agreement. The cost allocation among participants and the City will
vary by project; the basis of the cost allocation and sharing to the City shall be provided
and agreed upon prior to the initiation of the professional services agreement. MWDOC
shall invoice the City for the full estimated cost of such services and shall provide a
reconciliation at the end of each contract. Any invoices shall be mailed by thelOth day of
each month for the preceding month and shall be paid by the City within 30 days.
e) MWDOC shall inform the City on a timely basis of any proposed extra work under any
professional service agreement being administered by MWDOC that would result in an
increase in the City's payment underthis Agreement. MWDOC shall seek input and written
concurrence from the City and any other participating agencies prior to the authorization
of extra work by the consultant. For the purpose of this section only, an e-mail from
MWDOC staff to City staff, with an e-mail response from City staff, shall satisfy MWDOC's
obligation to seek written concurrence.
f) MWDOC will be responsible for all aspects of managing the consultant contract including
making any payments required under the terms and conditions of the contract.
10. TERM
a) This Agreement shall be effective immediately upon execution and shall continue through
June 30, 2019 ( "Expiration Date "). The Parties may mutually agree to renew this
Agreement for an additional three years in writing made on or before the initial Expiration
Date, said extension to exercisable in writing by the City Manager and the City Attorney.
b) This Agreement does not authorize the programs and services in excess of three hundred
and thirty three thousand dollars ($333,000) over the entire term of the agreement
( "Agreement Limit "), as outlined below.
c) If the City wishes to add any programs, activities, or studies set forth in this Agreement,
notice of such additions can be given at any time acceptable to either Party. If the City
wishes to delete any programs, activities, or studies set forth in this Agreement, notice of
such deletions must be received by MWDOC prior to April 15th for the following fiscal year.
d) The City or MWDOC may terminate this Agreement in its entirety at any time upon thirty
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(30) days written notice to the other Party. In the event either Party terminates this
Agreement, any funds paid by the City in the year of termination for costs that had not yet
been incurred by MWDOC as of the date of termination will be subject to reconciliation
during MWDOC's budget process. At that time MWDOC will determine whether the funds
will be credited or refunded to the City. Further, any costs incurred by MWDOC as of the
date of termination that have not yet been invoiced to the City shall be invoiced by
MWDOC and promptly paid by the City within thirty (30) days. At the time of termination,
the City shall remain obligated for any initiatives started that cannot be terminated without
incurring costs. MWDOC and the City agree to work amicably to carry out any notice of
termination.
11, LIMITATION OF FINANCIAL COMMITMENT BY THE CITY
a) The financial limit by this agreement is outlined below. 'The below table provides the
estimated current level of activities and projects out the future costs of these activities over
the next five years, with future estimates of escalation. The limits provided below are for
purposes of City Staff seeking authorization to carry -out these activities over a multiple
year period and DO NOT imply any future commitment by the City to MWDOC. The City
Staff will utilize this agreement, within their discretion and decision - making to engage on
activities with MWDOC only as specifically outlined in this Agreement and only for the
matters outlined in this Agreement. The City Staff has sole decision- making responsibility
in determining whether or not to participate with MWDOC on any or none of the
opportunities outlined in this Agreement.
12. DELIVERY OF NOTICE
a) Except as expressly provided herein, all notices permitted or required under this
Agreement shall be given to the respective Parties at the following address, or at such
other address as the respective Party may provide in writing for this purpose:
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If to MWDOC:
Municipal Water District of Orange County
18700 Ward Street
Fountain Valley CA 92708
Phone: (714) 963 -3058
Attention: General Manager, Rob Hunter
Email: Rhunter @mwdoc.com
If to City
Public Works Agency
Water Resources Division
220 South Daisy Ave.
Santa Ana, CA 92702
Phone: (714) 647 -3378
Attention: Water Resources Manager, Nabil Saba
Email: NSaba @santa - ana,org
b) Such notice shall be deemed made when personally delivered or emailed and shall be
deemed adequate notice on the date actual notice occurred, regardless of the method of
service.
13. ACCOUNTING
a) Upon request of the City, MWDOC will provide copies of any specified consultant's
agreements, invoices and MWDOC's related payment records.
14. INDEPENDENT CONTRACTORS
a) Any consultant engaged by MWDOC as contemplated in this Agreement will not be a party
or third party beneficiary to this Agreement and will not be an employee or agent of
MWDOC or the City, either as a result of this Agreement or as a result of any professional
services agreement between MWDOC and the consultant. The professional services
agreement between MWDOC and any consultant engaged by MWDOC as contemplated
in this Agreement will specify that the consultant is an independent contractor.
15. INDEMNIFICATION
a) When WUE Programs provided in the City's water service area require participants to
sign an application form that contains a release, waiver and /or indemnification, the
application form shall specify that the release, waiver and /or indemnification covers both
MWDOC and the City.
b) To the extent that MWDOC, including its staff or consultants, or the City, including its
staff or consultants, performs any activities in connection with the programs or services
provided as contemplated in this Agreement, each agrees to indemnify and hold the
other harmless from any and all liability, claims, obligations, damages, and suits arising
out of the activities it performs.
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16. JURISDICTION AND VENUE
a) In all matters concerning the validity, interpretation, performance, or effect of this
Agreement, the laws of the State of California shall govern and be applicable. The
Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State
of California and that venue of any action brought hereunder shall be in Orange County,
California.
17. JOINT DRAFTING
a) All Parties have participated in the drafting of this Agreement. The Agreement may be
signed in counterpart to facilitate processing.
f
a) If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole
or in part, the legality, validity, and enforceability of the remaining provisions shall not be
affected thereby.
19. ENTIRE AGREEMENT
a) This Agreement contains the entire agreement of the Parties relating to the subject
matter hereof, and the Parties have made no agreements, representations, or
warranties, either written or oral, relating to the subject matter hereof that are not set
forth herein. Except as provided herein, this Agreement may not be modified or altered
without prior written approval from both Parties.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the Parties have executed this Agreement by and through their
authorized officers.
Date:
By,
Rob Hunter
General Manager
MWDOC
Approved as to Form
By:
Legal Counsel:
Best, Best & Krieger
Date:
al
David Cavazos
City Manager
City of Santa Ana
Approved as to Form
Date: c4 0 t
i Attorney
RECOMMENDED FOR APPROVAL:
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Fred Mousavipour
Executive Director
Public Works Agency
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