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<br />I~SURA~CE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />ll^TE: /-';3-07; O:PlIIA/Wa.1er(.)(1.0h) <br />AGREEMENT FOR SHARING ADMINISTRATION COSTS FOR IMPLEMENTATION OF <br />ULTRA LOW FLOW TOILET, HIGH EFFICIENCY TOILET AND HIGH EFFICIENCY <br />CLOTHES WASHER REBATE PROGRAM <br /> <br />N-2006-124 <br /> <br />THIS AGREEMENT for sharing administration costs ("Agreement") is made and entered <br />into as of July 1, 2006, by and between the CITY OF SANTA ANA ("City") and the MUNICIPAL <br />WATER DESTRICT OF ORANGE COUNTY ("MWDOC"). The City and MWDOC are also <br />collectively referred to herein as "Parties". <br /> <br />RECITALS <br /> <br />WHEREAS, MWDOC has developed and is implementing a program for achieving water <br />conservation by offering rebates to encourage replacement of high water consumption toilet <br />fixtures and clothes washers in single-and multi-family residences with ultra low flow toilets, <br />high efficiency toilets and high efficiency clothes washers ("Program"); and <br /> <br />WHEREAS, MWDOC, through its Water Use Efficiency Department, encourages <br />participation in the Program by eligible cities and public agencies throughout Orange County; <br />and <br /> <br />WHEREAS, MWDOC has contracted with Honeywell International, Inc. <br />("Honeywell") to administer the Program for an administration fee based on a per-rebate <br />amount, as set forth in a separate agreement between MWDOC and Honeywell ("Honeywell <br />Agreement"); and <br /> <br />WHEREAS, effective July 1, 2006, the administration fee in the Honeywell Agreement <br />increased from $10.25 per rebate processed to $25.00, and effective January 1, 2007, the <br />administration fee will increase again to $28.00; and <br /> <br />WHEREAS, the City wishes to participate in the Program and make rebates available to <br />its residents, and the City is willing to share with MWDOC the cost of increased administration <br />fees under the Honeywell Agreement; <br /> <br />NOW, THEREFORE, in consideration of the payment of money as set forth below and <br />the mutual promises of he Parties hereto, it is agreed: <br /> <br />1. Cost SharinQ bv the Parties for Proaram <br /> <br />1.1. MWDOC shall: <br /> <br />1 .1 .1. Based on reports provided by Honeywell pursuant to the Honeywell Agreement, <br />determine the total number of rebates paid to Program participants residing within <br />the City's retail water service area in a given month; <br /> <br />1.1.2. Based on the City's total number of devices for which rebates were invoiced by <br />Honeywell to MWDOC in a particular month, calculate the City's share of the <br />amount owed to Honey for that month and invoice the City as follows: <br /> <br />1.1.2.1. <br /> <br />Ultra Low Flow Toilets/High Efficiency Clothes Washers <br />