MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (4) - 2008

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INSURANCE NOT REQUIRED WORN MAY PROCEED CLERK OF COUNCIL N-2008-049 DATE: 5 a -oS '(ow. D~KAGREEMENT FOR SHARING ADMINISTRATION COSTS FOR IMPLEMENTATION OF HIGH EFFICIENCY TOILET, HIGH EFFICIENCY CLOTHES WASHER, SYNTHETIC TURF, AND ROTATING NOZZLES REBATE PROGRAMS THIS AGREEMENT for sharing administration costs ("Agreement") is made and entered into as of January 1, 2008, by and between the CITY OF SANTA ANA ("City") and the MUNICIPAL WATER DISTRICT OF ORANGE COUNTY ("MWDOC"). The City and MWDOC are also collectively referred to herein as "Parties." RECITALS WHEREAS, MWDOC has developed and is implementing a program for achieving water conservation by offering rebates to encourage replacement of high water consumption toilet fixtures and clothes washers in single-family residences with high efficiency toilets and high efficiency clothes washers ("Residential Program"); and WHEREAS, MWDOC has also developed and is implementing a landscape water conservation program by offering rebates to encourage replacement of turf and high water consumption sprinkler heads in single-family residences with synthetic turf and rotating nozzles ("Landscape Program" and collectively "Programs"); and WHEREAS, MWDOC, through its Water Use Efficiency Department, encourages participation in both Programs by eligible cities and public agencies throughout Orange County; and WHEREAS, MWDOC has contracted with Honeywell International, Inc. ("Honeywell") to administer both Programs for an administration fee based on a per- rebate amount, as set forth in separate agreements between MWDOC and Honeywell ("Honeywell Agreements"); and WHEREAS, effective January 1, 2008, the administration fee in the Honeywell Agreement for the Residential Program increased from $28.00 per rebate processed to $29.50; and WHEREAS, effective November 7, 2007, the Honeywell Agreement for the Landscape Program established an administration fee of $27.50 per application for synthetic turf and rotating nozzles purchased after July 10, 2007; and WHEREAS, the City wishes to participate in the Program and make rebates available to its residents, and the City is willing to share with MW DOC the cost of increased administration fees under the Honeywell Agreement; NOW, THEREFORE, in consideration of the payment of money as set forth below and the mutual promises of the Parties hereto, it is agreed: