HomeMy WebLinkAboutMUNICIPAL WATER DISTRICT OF ORANGE COUNTY (11)INSURANCE NOT REQUIRED
A-2022-118
1 WORK f ,T-WJ kMEMENT FOR SHARED PROGRAMS AND SERVICES BETWEEN
THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY &
CLERK OF THE COUNCIL THE CITY OF SANTA ANA
DATE:
THIS AGREEMENT is made and entered into as of 2151 day of June, 2022, 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."
NALR,(, R(�K�1 RECITALS
WHEREAS, the Parties are both member agencies of the Metropolitan Water District of Southern
r California ("Metropolitan") and have many common interests related to water activities, programs and
organizations within Orange County; and
CQ
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 analysis and reports, water use efficiency programs, and other joint 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 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. Water Use Efficiency Programs ("WUE Programs")
1.1. Notice Procedures
I.I.I. Subject to the limitations set forth in this section, 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", or pay -for -service, WUE Programs that are
currently available to MWDOC member agencies. Within thirty (30) days of the Effective
Date, MWDOC shall send a written notice to the City listing all available WUE Programs
and the requirements for each along with enrollment forms for participation in those WUE
Programs. This written notice shall contain the estimated costs of the WUE Program as well
as that program's specific requirements and terms and conditions. Thereafter, MWDOC shall
provide a written notice with this information for every upcoming fiscal year at the time of
MWDOC's budget preparation or within thirty (30) days of new information being made
available to MWDOC by Metropolitan. The notices to be provided by MWDOC shall be
referred herein as the WUE Program Notice. MWDOC shall also provide the 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 Notice and choose the WUE Programs and the level
1
5540 1. 00001 \29553757.1
of its participation that the City deems beneficial. In connection with the foregoing, the City
will notify MWDOC in writing by indicating in the WUE Program Notice the level of the
City's participation in any WUE Program for each fiscal year ("WUE Participation Notice).
1.1.2. If anew WUE Program is introduced or a material amendment is made to an existing WUE
Program during a fiscal year, MWDOC shall provide the City with a written notice thereof
("Amended WUE Program Notice") as soon as reasonably possible prior to the date the new
program or amendment is scheduled to commence. This Amended WUE Program Notice
shall contain the program's specific requirements and terms and conditions and any costs that
may be ascertainable at such time. Within thirty (30) days of receiving the Amended WUE
Program Notice, the City will notify MWDOC in writing whether the City will participate in
the new or amended WUE Program and the level of its participation ("Amended WUE
Participation Notice").
1.1.3. Except to the extent of the elections made in the WUE Participation Notice and the
Amended WUE Participation Notice, 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.
1.1.4. The City understands that specific requirements and terms of conditions may apply to each
WUE Program that the City chooses to participate in and agreeing to such requirements and
terms and conditions is a prerequisite to the City's participation in such WUE Programs. In
connection with the foregoing, MWDOC shall provide the City with all applicable specific
requirements and terms and conditions in a WUE Program Notice or Amended WUE
Program Notice.
1.1.5. The City understands that by entering into this Agreement it agrees to pay MWDOC for its
proportionate share of MWDOC's costs for administering MWDOC's WUE Program based
on and to the extent of the City's level of participation as more particularly described in
Section 1.8. If the City elects to participate in any or all MWDOC WUE Programs, MWDOC
will invoice the City for such costs as described in Section 1.8.
1.1.6. The City is responsible for monitoring its level of participation in any WUE Program and
is responsible for payment of all funding contributions required of the City by the WUE
Program as authorized by a WUE Participation Notice or Amended WUE Participation
Notice. In connection therewith, MWDOC is not responsible for any of the City's required
payments or funding contributions even if they are above any cost estimate or the City's
budgeted amounts authorized by a WUE Program Notice or Amended WUE Program Notice,
except pursuant to the results of an audit by the City under Section 8.3.
1.1.7. In the event a WLTE Program is terminated early, City is responsible for payment of any
funding contributions required by the WLTE Program to the extent of applications initiated
prior to the effective date of the termination. For purposes of the preceding sentence, an
application is deemed initiated when an application has been received by Metropolitan's
MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA
2
55401.00001 \29553757,1
rebate vendor, EGIA, by MWDOC, or a reservation has been made within any of MWDOC's
online application portals that is pursuant to any of the WUE Programs described within this
Agreement.
1.1.8. Notwithstanding any other provision of this Agreement, MWDOC providing funds for any
of the MWDOC WUE Programs is conditioned upon the availability of funds and MWDOC
is under no obligation to provide funding to City for any WUE Program if MWDOC
determines, in its own discretion, that such funding is exhausted, reduced, eliminated, or
unavailable from any funding source, for any reason. In the event MWDOC determines
funding for a WUE Program has been exhausted, reduced or unavailable, it will notify the
City immediately and City may terminate its participation in that affected WUE Program
upon MWDOC's receipt of the City's written notice.
1.2. WUE Programs Availability
1.2.1. Subject to the limitations set forth herein, the Parties agree that the WUE Programs chosen
by the City for participation in the City's WUE Participation Notice or Amended WUE
Participation Notice, shall be made available throughout the City's water service area for the
Term, without the need for a separate agreement between the Parties in addition to this
Agreement.
1.2.2. MWDOC shall involve the City in the WUE Program marketing to occur within the City,
and the City agrees to assist in the marketing of WUE Programs it participates in under this
Agreement; provided, City may terminate any MWDOC marketing efforts within the City's
water service area which City deems contrary to its best interests. If any marketing efforts
will extend to areas outside of the City's water service area, MWDOC will work with the City
to address City's concerns. In those cases where MWDOC and City do not reach a mutually
acceptable compromise, MWDOC will make all reasonable efforts to remove the City from
such objectionable marketing efforts at the City's written request.
1.3. Grant Funding
1.3.1. Subject to any grant requirements and conditions, Grant funding obtained by MWDOC for
WUE Programs may be made available to end water users within the City's water service
area. In order for end water users within the City to be eligible to receive such grant funds
from MWDOC, MWDOC will provide the City with the applicable grant terms and
conditions and, if acceptable to the City, the City will provide MWDOC written notice of its
acceptance of those terms and conditions. The administration of any MWDOC grant funding
will be on a program by program basis, contingent upon the terms and conditions of each
program.
1.4. MWDOC-Administered Programs.
MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA
3
55401.00001\29553757.1
1.4.1. From time to time, funding may be made available from Metropolitan for MWDOC to
operate a customized local water conservation incentive program or programs ("MWDOC
Administered" or "MAA Program") in its service area, with access to the Metropolitan Base
Incentives for such. As City is also a Metropolitan member agency, in order for MWDOC
to administer the MAA Program for City, City would be required to apply to Metropolitan
separately for funding. If the City desires MWDOC to administer a MAA Program, City will
provide MWDOC a WUE Participation Notice or an Amended WUE Participation Notice.
In such cases, MWDOC will administer the MAA Program for City and invoice City for
activity in City's service area. City will reimburse MWDOC for any activity and the City is
also responsible for seeking and securing reimbursement directly from Metropolitan. Specific
terms and conditions will be provided by MWDOC to the City in the annual WLTE Program
Notice or an Amended WUE Program Notice.
1.5. Supplemental Funding
1.5.1. If the City elects to provide supplemental funding or enhanced incentives for a WUE
Program provided under this Agreement, the City is responsible for tracking the use of and
the remaining availability of such supplemental funds. MWDOC will assist in every
reasonable way, but the ultimate responsibility for tracking all City funding is the
responsibility of City, and City is responsible for any overuse of City funding. Supplemental
funding designations should be indicated in the WUE Participation Notice or Amended WUE
Participation Notice. In the event any City provided funding for any WUE Program is
exhausted, and the City does not elect to add additional funding or transfer available funding
from another WUE Program, MWDOC will discontinue offering the additional rebate
funding for that Program in the City's service area.
1.5.2. City may also choose to provide additional supplemental funding of its own to augment
the Metropolitan Base Incentives offered through SoCal Wate6mart. City will coordinate
any such supplemental funding directly with Metropolitan.
1.6. Installation Verification and Inspection
1.6.1. The City shall be responsible for conducting installation verifications/inspections of items
and devices installed, distributed, and/or rebated pursuant to this Agreement to ensure
compliance with program requirements, and/or for paying all costs associated with this
verification/inspection. Installation verification/inspection measures shall conform with
MWDOC's Inspection and Verification Procedures attached hereto as Exhibit A ("Inspection
and Verification Procedures") and incorporated herein by reference.
1.6.2. In connection with any selected WUE Programs that require installation
verifications/inspection and to ensure compliance with program requirements, the City may
elect to (1) conduct its own installation verifications/inspections by either utilizing its in-
house staff or contracting with a third party vendor of its choice; or (2) utilize MWDOC's
installation verification/inspection contractor to conduct the installation verification/
MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA
4
55401.00001 \29553757.1
inspections. MWDOC shall invoice the City monthly for any such inspection costs incurred
by MWDOC on behalf of the City. In addition to the direct costs to MWDOC, reasonable
staff time and overhead attributable to the verification/inspection services may be invoiced
to the City.
1.6.3. Notwithstanding any other provision in this Agreement, City understands and agrees that
if City utilizes MWDOC's verification/inspection vendor that MWDOC is in no way liable
or responsible for the acts or omissions of such vendor and makes no representations or
warranties regarding the quality of such vendor's work. City's sole recourse as to any action,
claims or damages arising out of the acts or omissions of MWDOC's verification/inspection
vendor is with the vendor and not with MWDOC.
1.6.4. MWDOC reserves the right to conduct installation verification/inspection of items and
devices within the City's service area that are installed in connection with a WUE Program
covered by this Agreement.
1.6.5. In connection with any WUE Program covered by this Agreement, the City acknowledges
that any item or device receiving funding from Metropolitan maybe subject to an installation
verification/inspection to be performed by Metropolitan, or its agent(s), at Metropolitan's
discretion.
1.6.6. The City shall promptly refund to MWDOC any amounts paid under any WUE Program
for installed or distributed items or devices, including any grant funds, in the event MWDOC
or Metropolitan establishes via installation verification/inspection and/or audit that the
program items or devices were not installed in compliance with the requirements set forth in
the Inspection and Verification Procedures and this Agreement. If the inspection/installation
verification is conducted prior to the payment/rebate being issued to the customer, the
customer may, at the discretion of MWDOC and/or MET, be offered an opportunity to
remedy any installation deficiencies in order to receive the maximum eligible rebate.
Installation deficiencies discovered post -payment will be addressed on a case -by -case basis
and may require the reimbursement of any payment/rebate previously issued.
1.6.7. For this section 1.6, "items" and "devices" includes, but is not limited to, plumbing fixtures,
irrigation devices, turf (removal and replacement), and any other items, devices or materials
that are installed in connection with a WUE Program covered by this Agreement.
1.6.8. At the time this Agreement is made, both the Turf Removal Program and the Spray to Drip
Rebate Program require inspection services from the City.
1.7. Program With Matching Contribution Requirement
1.7.1. From time to time, WUE Programs maybe developed that require a matching contribution
from the City in order for the City to participate in such WUE Programs.
MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA
5
5540 1. 00001 \29553757.1
1.7.2. The amount of local match funding required for a particular device or program will be
determined by the availability of other funding, and the City's share of the local match
funding will be set forth in the WUE Program Notice or Amended WUE Program Notice.
1.8. WUE Program Cost Allocation and Invoicing
1.8.1. During its annual budget process, MWDOC shall allocate to the City a proportionate share
of MWDOC's estimated WUE Program costs ("Choice Costs"). This share of MWDOC's
estimated WUE Program costs shall be determined by dividing the total outside funding
provided during the previous calendar year to WUE Program participants within the City's
service area by the total outside funding provided during the previous calendar year to WUE
Program participants within the service area of all MWDOC member agencies and other
agency participants. That percentage is then applied to MWDOC's total WUE "choice"
program budget, including personnel and overhead costs. An example of the annual
reconciliation process is shown in Exhibit C.
1.8.2. MWDOC shall invoice the City for Choice Costs, which do not include the WUE Program
administration and funding costs described below in Section 1.8.4, no later than September
30 of each year, and the City shall pay the amount due within forty-five (45) days of receipt
of the invoice. MWDOC must be notified of any disputed invoice within thirty (30) days of
receipt. An invoice template is shown in Exhibit B, which is attached hereto and incorporated
by reference.
1.8.3. With regard to the Choice Costs referenced in Section 1.8.2 above, a reconciliation of
actual WUE Program costs will be performed at the end of each year during MWDOC's
budget process and any debts or credits will be reflected in the invoice sent to the City the
following year.
1.8.4. MWDOC shall invoice the City on a monthly basis for supplemental funding or enhanced
incentives pursuant to Section 1.5.1. These costs are separate from the Choice Costs.
2. Shared Consulting Services
2.1. The Parties shall continue to participate in and fund collective efforts in planning, research, policy
development 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 in writing if it elects to participate in the
consulting services and the limit of its financial participation. The City shall have no obligation
to pay for any consultant unless the City has agreed to participate in writing and shall not be
responsible for paying any costs above the City's identified limit.
2.2. Water Resource Planning
MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA
6
55401.00001\29553757.1
2.2.1. Subject to the first paragraph of this Section 2, the Parties may participate, without the need
for an additional agreement, in joint activities and studies designed to ensure water supply
and system reliability, including but not limited to, water reliability analyses, water supply
and demand projections, master planning for water use efficiency, water system loss analysis
and leak detection studies, preparation of urban water management plans and drought
contingency plans, demand management studies, and studies related to water transfers, water
recycling, groundwater recovery, and water storage programs.
2.2.2. The Parties may participate, without the need for an additional agreement, in joint activities
and studies related to system reliability efforts for emergency response.
2.2.3. The City shall have no obligation to pay for consultant unless City has agreed to participate
as set forth in the first paragraph of this Section 2.
2.3. Award and Administration of Consultant Agreements
2.3.1. When programs or services 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.
2.3.2. 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
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.
2.3.3. 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.
2.3.4. 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. Such invoices shall be mailed by the loth day of each month for the
preceding month and shall be paid by the City within forty-five (45) days. The City shall
have no obligation to pay for consultant unless City has agreed to participate as set forth in
the first paragraph of this Section 2.
2.3.5. 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
MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA
7
55401.00001k29553757.1
increase in the City's payment under this Agreement. MWDOC shall obtain input and written
concurrence from the City and any other participating agencies prior to the authorization of
extra work by the consultant. City shall not have any obligation to pay for any extra work
unless the City Manager or his or her designee has provided to MWDOC a written notice of
City's agreement for the performance of the extra work. MWDOC will be responsible for
paying consultants directly.
3. Water Loss Control "WLC" Shared Services and Technical Assistance
3.1.1. MWDOC shall release WLC Shared Services and Technical Assistance Exhibits
(`Exhibits") annually. In general, the City will have access to the same "choice" WLC
Programs that are currently available to MWDOC member agencies. For each fiscal year, the
City shall review the Exhibits and choose the WLC Programs and the level of its participation
that the City deems beneficial. In connection with the foregoing, the City will notify
MWDOC in writing by indicating in the Exhibits the level of the City's participation in any
WLC Program for each fiscal year.
3.1.2. If a new WLC Program is introduced or a material change is made to an existing WLC
Program during a fiscal year, MWDOC shall provide the City with updated written materials
("Amended WLC Exhibits") as soon as reasonably possible and prior to the date the new
program or change is scheduled to commence. The Amended WLC Exhibits shall contain the
program's specific requirements and terms and conditions and any costs that may be
ascertainable at such time. Within thirty (30) days of receiving the Amended WLC Exhibits,
the City will notify MWDOC in writing whether the City will participate in the new or
amended WLC Program and the level of its participation.
3.1.3. Except to the extent of the elections made in the WLC Exhibits and amended WLC
Exhibits, the City shall have no obligation to participate in any WLC Program, including, but
not limited to, any obligation to provide financial contribution to such program.
3.1.4. The City understands that by entering into this Agreement it agrees to pay MWDOC for its
proportionate share of MWDOC's costs for administering MWDOC's WLC Program based
on and to the extent of the City's level of participation as more particularly described in
Section 3.1.1. If the City elects to participate in any or all MWDOC WLC Programs,
MWDOC will invoice the City for such costs as described in Section 3.1.1.
3.1.5. Funding may be made available from Metropolitan for MWDOC to operate a customized
local water loss control incentive program or programs ("Grant" or "MAA Program") in its
service area, with access to the Metropolitan Base Incentives for such. As City is also a
Metropolitan member agency, in order for MWDOC to administer the MAA Program for
City, City would be required to apply to Metropolitan separately for funding. If the City
desires MWDOC to administer a water loss control MAA Program, City will provide
MWDOC the WLC Exhibits or Amended WLC Exhibits. In such cases, MWDOC will
administer the MAA Program for City and invoice City for activity in City's service area.
MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA
ri
55401.00001\29553757.1
City will reimburse MWDOC for any activity and the City is also responsible for seeking and
securing reimbursement directly from Metropolitan. Specific terms and conditions will be
provided by MWDOC to the City in the annual WLC Exhibits or Amended WLC Exhibits.
1.6. MWDOC shall invoice the City on a monthly basis for WLC Shared Services and
Technical Assistance work completed.
4. MWDOC K-12 Water Education Programs ("Choice School Programs")
4.1. Choice School Programs. The Parties agree that the Choice, or pay -for -service, School Program
offerings will be made available in the City's water service area for the Tenn of this Agreement,
without the need for a separate agreement between the Parties in addition to this Agreement. The
City sponsors program offerings within its service area at no cost to the schools or students by
opting -in. The City will have no obligations to participate in any Choice School Program unless
the City has agreed in writing to participate through the annual Choice School Programs
Commitment Form.
There are multiple Choice School Program options: (a) a program for students in Kindergarten
through Second Grade ("K-2 Choice Elementary School Program"); (b) a program for students in
Third Grade through Fifth Grade ("3-5 Choice Elementary School Program"); (c) a program for
students in Sixth Grade through Eighth Grade ("Choice Middle School Program"); and (d) a
program for students in Ninth Grade through Twelfth Grade ("Choice High School Program").
Program offerings include options for in -person and live virtual lessons presented by trained
education specialists. The school approved to receive any Choice School Program will determine
whether the program can be delivered in -person or virtually.
Before the start of each school year and the commencement of any Choice School Program
during the Term, MWDOC will provide the City with a detailed description of the program
offerings and a complete price breakdown for each. The program description provided to the City
will include budget recommendations and expected commitments and require written consent by
the City before implementation. The City may request minor adjustments during the course of the
program, and the City will not incur additional costs without the City's prior written consent.
4.2. Annually, the City will set Choice School Program commitments. MWDOC and its contractors
will attempt to fulfill the commitment amounts. However, there is no guarantee as to the number
of schools and students that will participate in the Choice School Programs. MWDOC will invoice
the City for the total annual estimated costs. MWDOC will provide a reconciliation at year-end
based on the actual services provided. The City will be responsible for paying MWDOC the
difference if the estimate is lower than the actual costs and MWDOC will reimburse the City the
difference if the estimate is higher than the actual costs.
4.3. Choice School Program Invoices. MWDOC will submit invoices to the City in January and July
each year for the services provided in accordance with the Agreement. The City agrees to pay
MWDOC for undisputed invoices within forty-five (45) days after receiving the submittal.
MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA
9
55401.00001 \29553757.1
4.4. Choice School Program Insurance. MWDOC agrees that all agreements with consultants, who
will be performing the work on behalf of MWDOC, will include appropriate insurance levels
and requirements. When MWDOC requires a consultant's insurer to name MWDOC, its
directors, officers, agents, employees, attorneys, consultants and volunteers as additional
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.
5. The Water Emergency Response Organization of Orange County ("WEROC")
5.1.1. The City of Santa Ana is signatory to the 1983 Orange County Volunteer
Emergency Preparedness Organization Agreement which was Amended in 1991 to change
the name to WEROC (MWDOC Board Resolution 1623). 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 support the resiliency of Orange County's 36 water and
wastewater agencies, and the community of 3.2 million people it serves by working with
these agencies and the County to build, sustain, and improve the capability to mitigate
against, prepare for, respond to, and recover from threatened or actual natural disasters, acts
of terrorism, or other man-made disasters. Services include preparedness and response
coordination for mutual aid and other services and to represent water and wastewater entities
within the Orange County Operational Area. In order to build the relationships needed for
effective response, WEROC works with MWDOC member agencies, Metropolitan, the
County Operational Area, the State Office of Emergency Services, Department of Water
Resources, EPA, FEMA and other emergency organization partners throughout the year to
educate, network, provide training and when required advocate for water and wastewater
agencies. WEROC staff works with its member agencies and 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. WEROC provides information sharing
and resource coordination when disasters impact the water and wastewater utilities of Orange
County. Lastly, WEROC staff maintains a primary emergency operation center and alternate
emergency operations center, its own response plans and ensures the WEROC radio
communications system partnership with the County 800 MHz system remain intact.
5.1.2. By executing this Agreement, the City elects to participate in WEROC and
MWDOC will charge the City a percentage of WEROC's annual budget to fund WEROC
operations. The historical percentage allocated is 3.8% and is based on historical negotiations
among the WEROC funding partners. In January of each year of the City's participation, the
proposed program budget and funding agency charges will be submitted to the City for
budgetary consideration. If approved by the City, MWDOC will invoice the City the
MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA
10
55401.00001 \29553757.1
approved amount at the beginning of the fiscal year. If the City requires additional
conversation about the proposed budget prior to approval, these items will be addressed at
the next MET Managers Meetings, or during a special scheduled meeting.
6. Term and Agreement Limit
6.1. This Agreement shall be effective immediately upon the Effective Date and shall continue through
June 30, 2027 ("Term"). The City Manager or his or her designee is authorized, on behalf of the
City, to approve the Term.
6.2. The City's total funding obligation for this Agreement shall not exceed $750,000 ("Agreement
Limit") for all programs and services covered herein during the Term. The City is responsible for
monitoring its costs pursuant to this Agreement and to the extent that it incurs obligations
consistent with this Agreement that exceed the Agreement Limit, the City is responsible for
paying such additional costs to MWDOC. If the City wishes to add or delete any programs,
activities, or studies set forth in this Agreement, notice of such additions or deletions must be
received by MWDOC prior to March 151h for the following fiscal year.
6.3. The City or MWDOC may terminate this Agreement in its entirety at any time upon thirty
(30) days written notice to the other Party.
6.4. 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 promptly and paid by the City within thirty (30) days of invoice receipt.
7. Delivery of Notice
7.1. 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:
7.1.1. If to MWDOC:
18700 Ward Street
Fountain Valley, CA 92708
Mailing Address: PO Box 20895
Fountain Valley, CA 92728
Phone: (714) 963-3058
Fax: (714) 964-9389
MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA
11
5540 1. 00001 \29553757.1
Attention: General Manager
If to City:
P.O. Box 1988, M-24
Santa Ana, CA 92702
Attention: City Manager
7.1.2. Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the
Party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
8. Accounting and City Manager Authorization
8.1. MWDOC shall keep a correct and current accounting of payroll costs, travel, subsistence, field
and incidental expenses. MWDOC shall use recognized accounting methods in preparing such
invoices and reports.
8.2. City reserves the right to request an audit of MWDOC records related to invoices prepared
pursuant to this Agreement and to designate a representative(s) to examine any cost, revenue,
payment, claim or any other records or procedures related to this Agreement. Any such audit(s)
would be done at reasonable times with full cooperation from MWDOC. If MWDOC fails to
provide supporting documentation for any costs charged City to the City's reasonable satisfaction,
then MWDOC agrees to reimburse City for those disputed costs.
8.3. The right to audit shall be extended to three (3) years beyond the date of final payment, or longer
if required by law. MWDOC agrees to retain all necessary records/documentation for the entire
length of this audit period. Any required adjustments and/or payments resulting from the audit
will be made within thirty (30) days of written notification to MWDOC.
8.4. The City Manager or his or her authorized designee is authorized to commit the City to any
program or service covered by this Agreement as well as provide written notices on behalf of the
City.
9. Independent Contractors
1. 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. It is understood that these consultants may be required
to enter into confidentiality agreements with the City in the event these consultants require
MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA
12
55401.00001\29553757.1
confidential information and/or critical infrastructure information from the City to perform a
service.
10. Indemnification
10.1. 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.
10.2. 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.
11. Jurisdiction and Venue
11.1. 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.
12. Joint Drafting
12.1. All Parties have participated in the drafting of this Agreement. The Agreement may be
signed in counterpart to facilitate processing.
13. Electronic Signatures
13.1. Notwithstanding any grant obligation to the contrary, the Uniform Electronic Transactions
Act, California Civil Code section 1633.1 et seq., authorizes Parties to conduct business
electronically. In accordance with California Civil Code section 1633.5, Parties acknowledge,
consent and agree that transactions subject to this Agreement may be effectuated by electronic
means through the use of electronic and/or digital signatures. For purposes of this section, an
electronic signature means an electronic symbol or process logically associated with the intent to
sign an electronic record pursuant to Civil Code section 1633(h). A digital signature, which is a
type of electronic signature, means an electronic identifier, created by a computer, that is intended
to have the same force and effect as the use of a manual signature under Government Code
16.5(d). An example of an electronic signature would be a JPG of a manual signature imposed
onto this Agreement, an example of a digital signature would be the use of DocuSign or similar
provider that requires an encrypted key that certifies the authenticity of the signature.
MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA
13
55401.00001 \29553757.1
14. Severability
14.1.1. 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.
15. Effective Date.
15.1. The effective date of this Agreement shall be the latest date of execution hereinafter set
forth opposite the names of the signators hereto ('Effective Date").
16. Entire Agreement
16.1. 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.
IN WITNESS WHEREOF, the Parties have executed this Agreement by and through their authorized
officers.
MWDOC
Date
2. City of Santa Ana
By: ,4
Robert Hunter, General Manager
Municipal Water District of Orange County
Approved as to Form:
Date 511(,12L
By:
eneral Course
Date b 1 121 .1Z Z
MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA
14
55401.00001129553757.1
ATTEST:
,[,;LERK OF THE COUNCIL
CITY OF SANTA ANA
Internal Use Only:
Program No.
Line Item:
Funding Year:
Contract Amt.:
Purchase Order #:
By:
Kristine Ridge,
City Manager, City of Santa Ana
Approved as to Form:
Date -7- 1 $-2.Zq,�
By: 1 ry
Xf it C' Attorney
MASTER AGREEMENT FOR SHARED PROGRAMS MWDOC & SANTA ANA
15
55401.00001 Q9553757.1
i[y
5540 1.00001 \29553757. 1
Exhibit A
MUNICIPAL WATER DISTRICT OF
ORANGE COUNTY
INSPECTION AND VERIFICATION
PROCEDURES
Exhibit A
Table of Contents
Contents
I. Purpose of this document............................................................................................................................2
H. Program Implementation Process...............................................................................................................2
ApplicationPackage.....................................................................................................................................2
InvoiceSubmission.......................................................................................................................................3
Federal, State, and Local Laws and Ordinances...........................................................................................3
SupplementalInspections............................................................................................................................4
Inspection Confirmation Quality Control.....................................................................................................4
III. Device -Based Inspection Procedures...........................................................................................................4
ResidentialDevices......................................................................................................................................5
CommercialDevices.....................................................................................................................................5
IV. Area -Based Programs...................................................................................................................................9
General Inspection Procedures....................................................................................................................9
Turf Removal Participation Procedure.......................................................................................................10
Turf Removal Guidelines Specific to Residential Applicants......................................................................11
Turf Removal Guidelines Specific to Commercial/Public Agency Applicants.............................................11
Turf Removal Guidelines Specific to All Applicant Types...........................................................................11
Pre -Inspection Procedures —Turf Removal................................................................................................13
Post -Inspection Procedures —Turf Removal..............................................................................................15
Sprayto Drip - Residential..........................................................................................................................18
Sprayto Drip - Commercial........................................................................................................................21
V. Measurement Techniques- On Site............................................................................................................24
Non -Uniform Rectangular..........................................................................................................................25
Irregular Rhombus or Widening Rectangular.............................................................................................26
Non -Uniform Round...................................................................................................................................27
Non -Uniform Ellipses.................................................................................................................................28
Non -Uniform Ellipses Alternate.................................................................................................................29
VI- Measurement Techniques - Aerial....................................................................................................................29
Exhibit A
Purpose of this document
It is the practice of the Municipal Water District of Orange County (MWDOC) to ensure that public funds
used to administer Rebate Programs are utilized for its intended purposes. Therefore, the purpose of
this Inspection and Verification Procedures document (Inspection Procedures) is to establish a clear set
of inspection procedures to be followed by MWDOC and/or and its member agencies (hereafter
"Participant Agency") and inspection contractors when conducting pre- and/or post -installation
verification inspections for all MWDOC-Administered and or Participant Agency -Administered Rebate
Programs. These procedures are required regardless of the funding source (Grant funded, Metropolitan
Water District of Southern California funded (Metropolitan), or fully funded by Participant Agency, etc.)
and/or regardless of program administrator (MWDOC or Participant Agency). This Inspection Procedures
document will be updated as needed to reflect new or modified inspection requirements, techniques, or
procedures as they arise.
Program Implementation Process
For ease of explanation, this document categorizes the MWDOC Rebate Programs into the following
rebate program types:
• Device -Based Rebate Programs
o Residential
o Commercial
o Spray to Drip -Residential
• Area -Based Rebate Programs
o Turf Removal
o Spray toDrip-Commercial
The inspection procedures contained in this document have been developed in coordination with
requirements from Metropolitan pursuant to its Residential and Commercial Water Conservation
Funding Agreements and Addendums thereto, MWDOC, and/or supplemental grant funding
agreements.
The following general rules apply for all programs types.
Application Package
When receiving an application package, all components should be examined before requesting
an inspection. The application package currently requires, at a minimum, a fully completed
application signed by the property owner and containing the following:
• Current water bill within 3 months of application date to determine:
o Participant Agency is participating in the program
o Project site is located within Orange County
o Payee name matches the name on the water bill
• Device eligibility, if a device -based program
• Site plan for area -based rebates
o Indicate the project area, location, and project intent
Exhibit A
o If receiving Metropolitan funding, indicate which sustainability feature will be
installed
o Please note that site plans are not required for Turf Removal applicants
participating in the Landscape Design Assistance Program
• Pictures of the site for area -based and Spray -to -Drip rebates. Pictures to show
o Current site condition
o Complete area to be removed
o Area complies with eligibility criteria
It is recommended that the application, terms and conditions, and program guidelines each contain
language stating that on -site inspections (both pre and/or post may be performed) will be performed
and are required for participation in any rebate programs.
Invoice Submission
Rebates may not exceed the total project/equipment costs nor the reserved rebate amount. For
a receipt/invoice to be considered eligible it must include the following:
• Dated within the project period
• Marked "paid" or provided with proof of payment, (if applicable)
• Scope of work performed
• Signed by the customer/applicant/property owner and references site location (if
applicable)
• Itemized to include make, model, SKU, quantity, price per item, total price
• If labor is to be considered, it must be listed on a separate line item and must be
accompanied by the California State Contractor License Board (CSCLB) contractor license
number
Once projects are completed, invoices and receipts are submitted to the program administrator
and MWDOC, all invoices and receipts are to be carefully tabulated by program administrator and
MWDOC to prevent payment for materials/costs not associated with the program; specific
program eligible material/costs are based on program type.
Labor Costs
Due to California state law, all sites that are invoiced at $500.00 or more require that work be
performed by a contractor licensed by the California State Contractor License Board (CSCLB). If
labor costs are invoiced by someone who is not licensed, those costs are not eligible. This labor
cost provision is consistent with state law but, most importantly, protects Orange County
consumers from unlicensed contractors. Materials utilized by the unlicensed contractor may be
considered eligible costs. Additionally, there have been some instances where costs for landscape
architectural drawings were submitted, but the drawings were not performed by a California State
Licensed Landscape Architect. Those costs are also not rebate -eligible.
Federal, State, and Local Laws and Ordinances
All projects, including projects at historic sites, are subject to the terms of their local agency's
ordinances and must comply with all applicable federal, state, and local laws, as well as applicable
Covenants, Conditions & Restrictions (CC&R) and/or Homeowners Association (HOA) restrictions.
Exhibit A
Applicants must obtain all necessary approvals for their projects, prior to beginning their project,
from their city's/county's code enforcement and/or HOA/CC&R board. It is the responsibility of the
each applicant to ensure their project is in compliance. Customers must agree to adhere to their
local rules and provisions in order to accept funding. Questions from program participants
regarding compliance with any of the above laws, ordinances, and/or restrictions will be directed
to Participant Agency for guidance.
Supplemental Inspections
Some sites may need to be re -inspected (ex. a secondary post inspection) by MWDOC and/or
Metropolitan when unique circumstances arise. At these times, communication with the
customer is vital in order to remain in adherence with the program intent while ensuring that
projects are successfully completed. All inspection and verification procedures and invoice
criteria described in this document must be adhered to. Participant Agency to work with
MWDOC and Metropolitan to schedule supplemental Inspections. Inspection results may affect
payment made to Participant Agency or may be billed to Participant Agency if already paid.
Inspection Confirmation Quality Control
In order for Participant Agency to be reimbursed for incentives, Participant Agency must certify
on each invoice that the terms and conditions within each project have been met, all devices have
been installed, and all work has been performed. Participant Agency must perform inspections
and indicate the method of verification/inspection on each invoice.
Each Participant Agency performing their own inspections/verifications will be required to adopt
these Inspection Procedures as their own or, alternatively, to develop and submit for approval by
Metropolitan and/or MWDOC Participant Agency's own inspection and verification procedures
document in line with the requirements and procedures contained in this document. All projects
that require inspection must be inspected prior to Participant Agency invoicing MWDOC or
MWDOC issuing a check. MWDOC/Metropolitan may request inspection reports from Participant
Agency at any time. Installation vendors hired for project implementation cannot inspect their
own installations.
Metropolitan and/or MWDOC reserve the right to verify and perform onsite inspections of any
projects at any time. This can be before, during, and/or after project installation, and/or after
the rebate payment, and results of these inspections may affect payment made to the applicant
and/or Participant Agency or require a refund to be paid by Participant Agency to MWDOC. If
installation cannot be verified, Participant Agency must reimburse MWDOC and/or
Metropolitan, depending on the source of funds.
III. Device -Based Inspection Procedures
For residential and commercial devices rebated through Metropolitan's regional rebate program,
device -based inspections will be conducted primarily by Metropolitan, at its discretion. On occasion,
MWDOC and/or Participant Agency may be requested to conduct inspections for devices rebated
through Metropolitan's regional rebate program. For devices rebated through a MWDOC and/or a
Participant Agency -Administered Program (MAA Program), the inspection procedures are set forth
below.
Exhibit A
Residential Devices
Residential device inspections must satisfy both the Metropolitan and MWDOC inspection
procedures in place at the time of the post -inspection or issuance of the rebate check. Currently,
those inspection procedures are as follows:
In order for Participant Agency to be reimbursed for incentives from MWDOC/Metropolitan,
Participant Agency must certify on each invoice that the terms and conditions within each
project have been met, all devices have been installed, and all work has been performed. The
party signing each invoice must have signing authority to certify the invoice.
For residential device -based MAA Programs, Participant Agency shall utilize the sample size
calculator provided by MWDOC or other methodology as may be required by MET, to assist in
determining the appropriate number of devices to inspect to ensure a 98% installation rate
given the overall quantity of devices. Participant Agency must report verification/inspection
method employed on each invoice submitted.
Participant Agency must:
a. Validate quantity of devices installed.
b. Verify new device type, make, and model with Project information.
C. Verify Installation address or specific locations within the address with Project
documentation.
d. With permission from the customer, take photographs relating to the devices installed to
be included in Inspection report.
Indoor Inspection: Indoor inspection includes detailed fixture count of toilets and
clothes washer(s). Access to fixture locations (such as bathrooms and laundry facilities) .
are required to perform the inspection, and property owner/applicant person should be
made aware of this through the application.
ii. Outdoor Inspection: Outdoor inspection includes detailed fixture counts of installed and
operating landscape devices such as rain barrels, cisterns, irrigation controllers,
residential drip, and nozzles. For irrigation controllers, inspect the model to ensure it
matches the rebate application, verify that it is operating as a "smart device" and is
communicating with the onsite weather station or is receiving offsite/remote weather
data and, if possible, have the contact person show the inspector how the controller has
been programmed, and confirm quantity of stations of timer model.
Commercial Devices
Commercial MAA Program device inspections must satisfy both the Metropolitan and MWDOC
inspection procedures in place at the time of the post -inspection or issuance of the rebate
check. Metropolitan may require Participant Agency to submit inspection reports for specific
projects, and Metropolitan/MWDOC reserves the right to perform onsite inspections of
projects/sites prior to payment.
Exhibit A
To determine the amount of inspections required for commercial devices, Participant Agencymust apply
the following criteria (a-e below) to the project(s):
a. Automatic Inspection: Regardless of the 5% rule listed in Section d below, Participant Agency
must first determine if any site within the MAA Program Project requires an Automatic
Inspection. Automatic Inspections are triggered when any site within an MAA Program
Project has been approved for Metropolitan's funding in excess of $10,000. All sites receiving
$10,000 or more in funding must be automatically inspected by Participant Agency.
Participant Agency must also notify MWDOC/Metropolitan within 3 to 5 business days of
upcoming inspection by Participant Agency for site(s) exceeding $10,000. MWDOC,
Metropolitan or a designated representative may attend inspection. Notification of
upcoming inspection to be sent to bfahl@mwdoc.com and maconservation(g@mwdh2o.com
To determine how many devices need to be inspected at a $10,000+ site, follow the next two
points.
If the site triggering an Automatic Inspection also meets the criteria for a Large Project,
as described below, then Participant Agency must inspect a minimum of 10% of the
devices installed.
ii. If the site triggering an Automatic Inspection does not meet the criteria for a Large
Project, then the Participant Agency must inspect 100% of devices at the site.
b. Large Project/Sites: Participant Agency must next determine if any of the sites meet the
definition of a Large Project/Site. Regardless of the 5% rule listed in Section d below, any site
with less than $10,000 in funding but that receives the designation of Large Project/Site must
be inspected. The total number of devices to be inspected for Large Projects/Sites will be a
minimum of 10% of the total devices installed at each site. If any site within your overall
MAA Program Project installs any combination of the following number of devices, you must
conduct an inspection of a minimum 10% of any combination of the devices installed.
Large Projects/Sites are defined as:
i. For plumbing devices —50 device units or more atone installation address.
ii. For irrigation controllers —20 controllers or more at one installation address. Note that
irrigation controllers may be installed in different landscape areas inside a single
complex.
III. For sprinkler nozzles-100 nozzles or more atone installation address.
c. Regular Projects/Sites: For sites not meeting: (a) $10,000+ in funding per site or (b) the Large
Project/Site criteria above, Participant Agency must inspect 100%of devices at the site.
d. For each MAA Program Project for which Participant Agency submits a Request, Participant
Agency must physically inspect a minimum of 5% of the value of each device -based MAA
Program Project approved by MWDOC/Metropolitan before invoicing. For example if the
MAA Program Project is approved for $100,000, then a minimum of $5,000 worth of devices
must be inspected.
Inspections for Regular Projects/Sites: Sites defined as Automatic Inspections (mandatory), as
well as those defined as Large Projects/Sites (mandatory) count towards the 5% (section d
above) minimum of the value of each device -based MAA Program Project to be inspected.
Participant Agency will report progress toward the 5% inspection requirement on each
invoice for all inspections required by MWDOC/Metropolitan. The party signing each invoice
must have signing authority to certify the invoice.
Inspection Requirements
Participant Agency inspection at a minimum will:
a. Validate quantity of devices installed.
b. Verify new device type, make, and model with Project information.
C. Verify Installation address or specific locations within the address with Project
documentation.
d. With permission from the customer, take photographs relating to the devices installed to
be included in Inspection report.
Indoor Inspection: Indoor inspection includes detailed fixture count of toilets,
urinals, dry vacuum pumps, food steamers, and/or ice machines. Access to
bathrooms, kitchens, eating facilities, and medical facilities are required to
perform the inspection and property owner/applicant should be made aware of
this at the application stage.
ii. Outdoor Inspection: Outdoor inspection includes count of installed and
operating landscape devices such as irrigation controllers and nozzles; and
cooling tower controllers. Access to either landscape area or rooftop is required
to perform the inspection. For irrigation controllers, inspect the model to
ensure it matches the rebate application, verify that it is operating as a "smart
device" and is communicating with the onsite weather station or is receiving
offsite/remote weather data and, if possible, have the contact person show the
inspector how the controller has been programmed, and confirm quantity of
stations of timer model.
Potential Inspection Results
a. Partial fail: Inspection completed with discrepancies between Project information and
inspection process. Participant Agency to only bill MWDOC for verified quantity.
b. Device(s) installed at a different location: The installation must be inspected prior to billing
MWDOC. A substitute device cannot be included. If installation is verified at the different
location, Project information must be revised to reflect new information.
c. Device count is different from the application:
i. If the count is more, only the amount approved in the Project will be reimbursed.
ii. If the inspection count is less, only the verified count will be billed to MWDOC. For Large
Projects where the inspection count is less, the Participant Agency inspector will
increase the inspection from 10%to 20% of total installations. The percentage found to
be installed for Large Projects will be applied against the total and the total quantity will
be reduced by that percentage. For example, after inspecting 20% of the total
installations of 100 toilets, 15 out of 20 toilets were verified installed (75% installed);
then the final approved count would be 75 toilets (75% of the 100 = 75), rather than
100. If inspection reveals a discrepancy as described in the example, Participant Agency
may choose to inspect 100% of the project, otherwise the extrapolation as shown on
the example must betaken and the amount revised prior to billing MWDOC.
d. The make/model is different from the application: Verify that the different make/model is a
Metropolitan approved device. If so, inspect as usual and revise information on Project
documentation prior to billing MWDOC.
e. Failed inspections will not be billed to MWDOC. Reasons for failure:
• Device(s) not installed
• Device(s) installed, but no working properly
• For "smart" irrigation controllers, device(s) not operating as a "smart' device
• Installed device(s) has been removed
• Access to property not allowed
• Device(s) installed at a different site
• Unable to schedule inspection with Applicant.
MWDOC/Metropolitan reserves the right to verify and inspect any approved projects at any
time. If installation cannot be verified, Participant Agency must reimburse MWDOC.
Exhibit A
IV
Primary
MAA Inspection
Program Criteria
Type Listed in order
from A to C (mustdo
(C) below even if (A)
and/or a) exists)
Area -Based Programs
Secondary
Inspection
Criteria
Large Site
Number of
Inspections
Required
(g) Less than 10,000, Minimum 10%
but satisfies the inspections of each
Large Site Large Site definition qualifying site
Area -based programs include any program where the rebate amount is determined by an area
measurement. Such programs currently include, but are not limited to, residential and commercial Turf
Removal and residential and commercial Spray to Drip.
General Inspection Procedures
For all customer types, all sites will be measured by either Metropolitan, MWDOC, and/or the
Participant Agency and/or its inspector for 100% of the sites for 100% of the project areas
during both the pre- and post -inspections. Required minimum techniques for area
measurements are described in Section V -Measurement Techniques. All inspection
procedures/verifications must adhere to the following additional inspection and certification
requirements:
Area -Based Inspections Exceeding $10,000 in Metropolitan Funding: For area -based
inspections with an approved Metropolitan rebate amount exceeding $10,000,
Participant Agency must notify MWDOC five business days prior to upcoming post-
inspection(s) by Participant Agency. MWDOC, Metropolitan or a designated
representative may attend inspection. Notification of upcoming inspection to be sent to
turfremoval@mwdoc.com.
Exhibit A
Participant Agency will only bill MWDOC/Metropolitan for the square footage
measured.
• Participant Agency must adopt these Inspection Procedures as their own or,
alternatively, to develop and submit for approval by Metropolitan and/or MWDOC
Participant Agency's own inspection and verification procedures document in line with
the requirements and procedures contained in this document. MWDOC/Metropolitan
Participant Agency to submit them. MWDOC/Metropolitan may perform onsite will
require inspections of projects prior to payment. Result of the inspection may affect
payment made to Participant Agency
• All projects that require inspection must be inspected prior to Participant Agency
invoicing MWDOC. MWDOC may request inspection reports from Participant Agency at
any time.
Turf Removal Participation Procedure
The Turf Removal Rebate Program Process, as it currently exists, is depicted in the following
chart. The process flow is broken down into 11 distinct steps starting with the Customer
Application Submittal and ending with Metropolitan and Participant Agency Invoicing. The 11
steps are as follows:
Step 1: On-line Application and Document Submittal Process
Performed by the Customer
Step 2: Application Review Process and Pre Inspection Distribution
Performed by MWDOC
Step 4: Pre -Installation Inspection Process
Performed by Participant Agency or Inspection Vendor and sent to MWDOC for review
Step 5: Letter to Proceed or Denial Letter to Customer
Performed by MWDOC
Step 6: Participant Project Installation and Project Completion Notification
Performed by Customer
Step 7: Initial Project review, Post -Work Order Generation and Distribution
Performed by MWDOC
Step 8: Post -Installation Inspection Process
Performed by Participant Agency, MWDOC, or Inspection Vendor and sent to MWDOC
for review
Step 9: Application Approval or Denial and Invoice Review Process
Performed by MWDOC
Exhibit A
Step 10: The Rebate Check Run and W-9 Request Process
Performed by MWDOC
Step 11: Metropolitan Water District and Participant Agency Invoicing Process
Performed by MWDOC
Please note: a potential Step 12 would be a secondary Metropolitan post inspection.
Turf Removal Guidelines Specific to Residential Applicants
Project must have a minimum of 250 square feet of turf removed, or if the entire project area is
less than 250 square feet, all turf must be removed.
Maximum of 5,000 square feet of turf eligible per home, per fiscal year. Limit of 1 application
per home per fiscal year.
Eligible areas for transformation are all areas of live turf on the property.
Applicant to provide a simple landscape plan showing intended transformation, including the
required storm water/sustainability feature.
Turf Removal Guidelines Specific to Commercial/Public Agency Applicants
Project must have a minimum of 250 square feet of turf removed, or if the entire site is less than
250 square feet, all turf must be removed.
Maximum of 50,000 square feet of turf eligible per water meter for funding per fiscal year (July to
June). Limit of 1 application per water meter per fiscal year.
Applicant to provide a simple landscape plan showing intended transformation, including the
required storm water/sustainability feature.
Proposed project areas irrigated with recycled water are eligible unless barred by Participant
Agency.
Turf Removal Guidelines Specific to All Applicant Types
The converted area must be covered by at least three (3) plants per 100 square feet.
A three inch deep ring of mulch must surround all plants. Acceptable forms of organic mulch
include shredded bark, bark nuggets, or wood chips. Organic mulch should not be placed around
any plants installed in the bottom or sides of a vegetated swale. Therefore, the plants located
within a vegetated swale are exempt from this requirement.
No bare soil is allowed. The use of organic materials is recommended as a groundcover for any bare
spaces within the project area. Mulch or other permeable hardscape must cover any other bare
spaces within the project area.
Irrigation modification or conversion required for all projects:
Exhibit A
Convert over -head sprays to drip, micro -spray, bubblers, or rotating nozzles; whichever is
applicable; or
• Cap sprinkler heads or remove irrigation equipment and hand -water
• No overhead spray sprinklers are allowed in the completed project.
No synthetic turf is allowed.
No plants that appears to be turf are allowed.
No plants categorized as invasive to Southern California are allowed.
Areas which have already been converted are not eligible.
Areas with structures such as decks, fire pits, etc. are not eligible.
Consumers are responsible for complying with all applicable laws, codes, policies, covenants,
conditions and restrictions.
Program Recommendations
• Installation of a smart controller is recommended
• A recommended plant list is available.
The converted area must be designed to capture rainfall through infiltration or on -site storage for
reuse. Infiltration and rainwater capture has to be achieved using one of the following techniques:
rain gardens, rock gardens, dry river beds, rain barrels, cisterns, berms, vegetated swales, or
grades. Selected method should allow infiltration or capture of rainfall/runoff and not channel to
impervious surfaces and must meet all local and regional requirements. Project must include at
least one of the following components, whichever is most desirable or feasible for project area:
Rain Gardens — a rain garden is a planted depression or a hole that allows rainwater runoff
from impervious urban areas, like roofs, driveways, walkways, parking lots, and compacted
lawn areas, the opportunity to be absorbed. Rainwater collects in the soil mix and ponding
area and eventually seeps into surrounding soils over time. Plants are distributed throughout
the garden. This reduces rain runoff by allowing storm water to soak into the ground (as
opposed to flowing into storm drains and surface waters which causes erosion, water pollution,
flooding, and diminished groundwater).
Rock Gardens — a rock garden is a shallow depression filled with 1-3 inch diameter gravel.
Rainwater is stored in the space between the stones and eventually percolates into the soil.
Plants are distributed throughout the rock garden and there is no ponding area.
Dry River Beds - a dry river bed or dry stream is an area designed to slow heavy flows from
rainfall and correct erosion problems. It is made up of a shallow swale lined with stone
substantial enough to withstand a serious downpour. Large chunks of stone are used to slow
the speed of storm water and to prevent erosion. In a garden, the careful placement of water-
worn stone, or river slicks, along a Swale is aesthetically pleasing and also provides an ideal
place for plants.
Exhibit A
Vegetated swales — swales are shallow ditches that have gently sloping sides. Ina vegetated
swale, native perennial grasses are planted along the bottom and sides of the swale to slow
runoff, filter sediments, and remove excess nutrients. A swale relies on gravity to move water
and is designed to direct the water where you want it to go, such as flower or vegetable
gardens, to limit runoff and to trap silt and pollutants in surface runoff. In order for the water
to gravity flow, it is recommended that there be a minimum 2%slope from beginning to end.
Organic mulch should not be placed around any plants in the bottoms or sides of the swale.
Berms — berms are mounds of earth with sloping sides that are located between areas of
approximately the same elevation. Berms are constructed to direct or redirect water in order
to keep water from flowing off the property.
Grades — grades are surface grading of an area so that water collects and flows to a lower
elevation away from the water collection site. Regardless of surface characteristics, when
planning to add a grade for surface drainage, slope is the most important consideration. For
efficient drainage, paved surfaces are recommended to have a minimum 1% slope. Turf or
landscaped areas are recommended to have a minimum slope of 2%.
Rain Barrel/Cisterns— rain barrels and cisterns are storage tanks that capture runoff water
from downspouts from a non -permeable area catchment area such as a rooftop. Cisterns are a
larger version of rain barrels, with a larger capacity for rainwater collection and storage. Rain
barrels and cisterns must be connected to properly installed rain gutters and downspouts. In
order forthe rain barrel/cistern to qualify as a rainwater capture feature, the property must
have existing gutters around the full perimeter of the roof and existing downspouts for
adequate water collection. In the case of a partially flat roof, gutters and downspouts must be
throughout all pitched areas in order to qualify. Rain barrels and cisterns must be properly
installed and meet all local and regional requirements. Existing rain barrels and cisterns qualify
provided they have been properly installed and provide water to the conversion/project area.
Pre -Inspection Procedures —Turf Removal
Customer is to provide photos of the turf area to be removed as part of the application process.
Photos of project area (4 to 6) must reflect the current turf grass area at the time of applying.
Google Earth/satellite images will not be accepted in place of photos. Photos must be taken at
appropriate angles, with visible points of reference, and at a sufficient distanceto allow for
review
Pre -inspections will be conducted on 100 percent of total projects submitted. For commercial
or public agency applications, Metropolitan, via Metropolitan's inspection contractor, will
conduct the inspection at no cost to Participant Agency. For residential applications,
Participant Agency or its inspector will conduct the pre -inspection.
After an application is received and the information has been verified, a project cannot be
accepted and funding is not reserved until a "pre -inspection" is conducted by Metropolitan,
MWDOC, the Participant Agency, or by a vendor inspector. The pre -inspection is a means to
determine confirmation of eligibility. The pre -inspection process verifies that the project area
Exhibit A
contains live turf or sufficient evidence that live turf recently existed and that the requested
square footage to be removed is consistent with the inspector'smeasurement. This
requirement applies to both residential and commercial turf removal areas unless otherwise
noted.
When establishing that areas are eligible, careful inspection with accurate, and precise
measurements, as described in Section V, are always required. For Turf Removal, during the pre -
inspection the total project area square footage is measured. Any non -eligible square footage is
deducted, such as non -turf areas including bare soil, trees, shrubs, mulch, paving, and utility box
footprint, etc. Refer to specific program terms and conditions for eligibility criteria.
Once the pre -inspection is complete, the inspector will complete the Pre -Inspection section in
Droplet, in full, and upload all photos and documentation. Once the Pre -Inspection form has
been submitted, it will be reviewed by MWDOC. The square footage listed on the application is
to be used as a reference. The initial project area is to be based on the square footage as
measured during the pre -inspection. Once the initial project area square footage has been
determined, that number is used to reserve funding, and aLetter to Proceed (LTP) is generated
and sent to the customer.
Metropolitan reserves the right to request application packages as necessary and may perform its
own inspections of random residential applications. This is likely to be in addition to the required
pre -inspection. For pre -inspections, Metropolitan will review the Participant Agency's physical pre -
inspection reports.
On -Site Pre -Inspection
In -person pre -inspections must include:
• Visual verification of existing turf
• Physical/manual measurement of proposed turf removal area.
• Photos taken by inspector of project area (4 to 6), which must reflect the
current turf grass area at the time of inspection. Photos must be taken at
appropriate angles, with visible points of reference, and at a sufficient distance
to allow for review.
Measurine Sites Aeriall
Measuring sites aerially must include:
• GIS or equivalent aerial measurement
• Please note that measuring sites aerially is allowed for pre -inspections only
• Consumer is to provide photos of the turf area to be removed before starting the project
(pre -project installation).
• The inspector should be capable of spotting abnormalities in pre -project photos submitted
by customers, and if found, should perform mandatory on -site inspections.
Exhibit A
• If aerial review is not possible due to obstructions (tree coverage), or inconclusive, member
agency should perform a physical pre -inspection as described above.
On -Site Inspections for Area -Based Rebates
Unless the program guidelines specifically state otherwise, on -site eligibility verification and area
measurement for the pre -inspection is the method to be utilized by an inspection vendor
performing inspections on behalf of a Participant Agency.
Condition of Turf at Pre -Inspection
If bare areas were included by the customer, the inspector must subtract those areas. In many
cases, due to the drought or season, dormant or dead brown grass is present. Dormant or dead
brown grass that appears to have been maintained in the recent past is still eligible. However sites
where there is bare soil that appears compact and no turf was present in the recent past, are not
eligible. In addition, moss areas where there is no turf or areas that have grown or mowed weeds
would be ineligible. A lawn with weeds would still remain eligible. Photo documentation of the
turf is required in orderto approve the site. For on -site inspections, photos of the entire area should
be taken, including detailed photos showing turf and bare soil conditions. For large sites with
multiple separated areas (or sub -areas), a site map must be submitted identifying the area
measured for each separate sub -area.
Multiple Applications under same Site
Residential sites have a limit of one application per home per fiscal year. Commercial sites have a
limit of one application per water meter per fiscal year.
Modifications to Initial Project Area
If a customer wants to add or remove area(s) from their designated project area, they are free to
do so up until their pre -inspection. The customer will need to submit by email to MWDOC a new
site plan detailing the area to be added or removed. If a customer wishes to add an area to the
project after the pre -inspection has been completed, they are only free to do so if the area was
measured in the pre inspection. Any areas found to be converted during the post -inspection that
were not included in pre -inspection measurements are not eligible for rebate. If a project area
should fall below the minimum 250 square feet of project size, it may also be considered ineligible
if it does not include the removal of all turf onsite.
Post -Inspection Procedures —Turf Removal
Consumer is to provide post -project installation photos (4 to 6). Photos must be taken at
appropriate angles, with visible points of reference, and at a sufficient distance to allow for review
Prior to scheduling the post -inspection, the Application will be reviewed by MWDOC to confirm
the following:
• Application is completed in full.
• Payee Name and Mailing Address for Rebate Check is provided and matches that on the
water bill.
• Applicant has attached copies of any project related receipts or invoices. For a
receipt/invoice to be considered eligible it must be:
o Dated within the project period.
Exhibit A
o Signed by the customer/applicant/property owner and includes the site
location, scope of work, and costs.
o Itemized to include make, model, SKU, quantity, price per item, total price.
o Include the actual quantity of drip equipment purchased and eligible for rebate.
o Labor is reimbursable if performed by a licensed C-27 contractor; it must be listed as a
separate line item.
o Invoice must be marked "paid" or proof of payment must be provided.
If the Application is missing or does not comply with the requirements of any of the above,
MWDOC/Participant Agency shall work with the applicant to obtain the information and or
appropriate photos/documents prior to scheduling the post -inspection. If applicant is unable to
provide receipts/invoices that meet the requirements set forth above, the post -inspection will be
considered a fail, the application will be denied, no rebate will be issued, and no on -site post -
inspection should be scheduled.
If the Application has satisfied all of the above requirements, MWDOC/Participant Agency and/or
its inspector will work with Applicant to schedule the mandatory on -site post -inspection. The
purpose of the on -site post -inspection is to serve as an independent verification of the
information contained in the Application. As part of the on -site post -inspection, Participant
Agency/inspector must verify the following:
Participant Agency or its inspector will conduct an on -site post -inspection on 100 percent of
approved residential projects. On -site inspections will include:
a. Validating square footage removed
b. Verifying the number of plants installed meet Metropolitan's minimum
requirement of 3 plants per 100 square feet
C. Verify that no invasive species were installed
d. Verification that a sustainability feature has been included in project
e. Verify mulch is around plants and that no bare soil exists
f. Verify irrigation system modifications have been completed
g. Photos of overall project area, sustainable landscape approach used,
mulch, and a sample of the irrigation system modification. Photos must be
taken at appropriate angles, with visible points of reference, and at a
sufficient distance to allow for review
Metropolitan will perform its own inspections of random applications. This is likely to be in addition
to the required post -inspections. Example: if a site is selected for a follow-up post inspection by
Metropolitan, this may be conducted after the required post inspection. For post inspection,
Metropolitan will pull random samples from MWDOC invoices. Metropolitan will conduct its own
measurements and provide payment based on the following:
For Residential Applications - If the measurement taken by Metropolitan is within 10 percent of
the Participant Agency's measurement, Metropolitan will pay the amount measured by the
Participant Agency. If the difference is greater than 10 percent, Metropolitan will pay at the square
footage measured by Metropolitan.
Exhibit A
For Commercial Applications - The following applies for commercial applications inspected by
Metropolitan:
Commercial turf removal inspections will fall into the pool of all required inspections at
any given time. Although special circumstances appear from time to time, in general no
special considerations are given to individual applications.
Any discrepancy found following a secondary inspection (i.e., an inspection of the
inspector) or during an audit inspection will result in a Metropolitan staff and contractor
resolution, and the financial liability associated with varied measurement of a site will not
fall back on MWDOC or the Participant Agency for payment.
For both residential and commercial projects, unless otherwise noted, once the LTP has been
issued, the initial project area square footage may not increase; however, it may decrease if the
customer decides to remove less turf than what was measured, or converts some area to ineligible
structures i.e. a deck.
After the customer has completed their project, a second on -site inspection (post -inspection)
occurs to ensure that the renovated areas are in compliance with the program. Entire (100%)
project re -measurement should occur during the post -inspection. Negative deviations between
the pre- andpost-inspections area measurements, as well as swapped areas occurring without a
proper pre- inspection and approval from MWDOC, will result in a reduction of the rebate eligible
area (meaning the lesser area measurement will be the basis for the rebate). All projects must be
inspected prior to Participant Agency approving payment or invoicing MWDOC.
When establishing that areas are eligible, careful inspection with accurate, and precise
measurements, as described in Section V, are always required. For Turf Removal, during the
post -inspection the total converted area square footage must be measured. Any non -eligible
square footage is deducted, such as remaining -turf areas, bare soil, or non -permeable area
including hardscape and pools. Refer to specific program terms and conditions for eligibility
criteria.
The initial project area square footage established during the pre -inspection is to be used as a
reference, the final project area is to be based on the square footage as measured during the
post -inspection. Once the final project area square footage has been determined, that number,
if equal to or less then the approved square footage on the Letter to Proceed, is used to
determine the actual potential rebate amount, so long as it does not exceed the total eligible
project costs. Only that final project square footage measured by the Participant
Agency/inspection vendor may be approved for payment by MWDOC.
Once the on -site post inspection is complete, inspector will complete the Post- Inspection section
in Droplet, in full, and upload all photos and documentation. Once the Post- Inspection form has
been submitted, it will be reviewed by MWDOC, along with copies of all receipts and invoices, and
if the Turf Removal project has satisfied all the terms, conditions, guidelines, and requirements of
the program, the application will be processed for rebate. If all the terms, conditions, guidelines,
and requirements of the program have not been satisfied, the post -inspection will be considered
a fail, and the application will be denied and no rebate funds will be issued.
Exhibit A
Project Extensions
In some instances, projects may experience delays. As all projects have a 60 day deadline to
complete their project, an extension may be requested. Extensions are granted on a case by case
basis and are not guaranteed. Extensions will only be granted to sites who are making progress to
complete their project. Documentation or a site visit may be required for the purposes of verifying
that progress is being made at a site. Examples of documentation are signed contracts with a
landscape contractor, photos of the site with turf removed and work under way, or canceled
checks to a contractor. This is an important step; if a site is not showing progress and there is no
motivation to complete, it may be cancelled to allow the funding of other, more motivated, rebate
customers.
Spray to Drip - Residential
The residential portion of the Spray -to -Drip Rebate Program is a device -based program with
different inspection requirements and criteria than other device -based inspections. The
inspection requirements for residential Spray -to Drip Rebate projects are described below:
Pre -Inspection Procedure
After an application is received, a project cannot be approved and no funding can be reserved
until a "pre -inspection" is conducted, as follows:
MWDOC reviews the application to confirm:
• Program application is completed in full
• A copy of a current water bill (within 3 months for application date) is attached and
confirms that
o Participant agency is participating in the program
o Project site is located within Orange County
o Payee name matches the name on the water bill
• Applicant has attached at least 4 photos of the project area taken with the existing
sprinkler system turned on and running. Photos must clearly show the sprinkler system in
use and that the spray heads are functional. Photos must also contain identifying features
(house in background, unique landscape/decorating features, etc.) to confirm that photos
submitted are for the property/site listed in the application.
• The square footage of the area to be converted from spray irrigation to drip for which the
applicant is applying/eligible.
• A simple site plan has been attached indicating the proposed Spray -to -Drip conversion
areas.
• Any supplemental documents included have been reviewed.
After an application is received and the information has been verified, a project cannot be
accepted and funding is not reserved until a "pre -inspection" is conducted by MWDOC, the
Participant Agency, or by a vendor inspector. The pre- inspection visit is a means to determine
confirmation of eligibility. The pre -inspection process verifies that the project area contains
spray irrigation and that the requested square footage to be removed is consistent with the
inspector'smeasurement. This requirement applies to both residential and commercial
irrigation conversion areas unless otherwise noted.
Exhibit A
When establishing that areas are eligible, careful inspection with accurate, and precise
measurements, as described in Section V, are always required. For Spray to Drip, during the pre -
inspection the total project area square footage is measured. Any non -eligible square footage is
deducted, such as areas that already have drip irrigation or are hand watered by the customer.
Once the pre -inspection is complete, inspector will complete the Pre -inspection section in
Droplet, in full, and upload all photos and documentation. Once the Pre -inspection form has
been submitted, it will be reviewed by MWDOC. The square footage listed on the application is
to be used as a reference. The initial project area is to be based on the square footage as
measured during the pre -inspection. Once the initial project area square footage has been
determined, that number is used to reserve funding, and aLetter to Proceed (LTP) is generated
and sent to the customer.
If the applicant is applying for the Turf Removal Program simultaneously, a mandatory inspection
will occur for the Spray to Drip application at the time of Turf Removal pre -Inspection.
On -Site Pre -Inspection
In -person pre -inspections must include:
• Visual verification of existing spray irrigation
• Physical/manual measurement of proposed irrigation conversion area.
• Photos taken by inspector of project area (4 to 6), which must reflect the spray
irrigation at the time of inspection. Photos must be taken at appropriate angles,
with visible points of reference, and at a sufficient distance to allow for review.
Measuring Sites Aerially
Measuring sites aerially must include:
• GIS or equivalent aerial measurement
• Please note that measuring sites aerially is allowed for pre -inspections only.
• Consumer is to provide photos of the spray to drip conversion area before starting the
project (pre -project installation).
• The inspector should be capable of spotting abnormalities in pre -project photos submitted
by customers, and if found, should perform mandatory on -site inspections.
• If aerial review is not possible due to obstructions (tree coverage), or inconclusive, member
agency should perform a physical pre -inspection as described above.
Photo -based Pre -inspection
MWDOC can perform a photo -based pre -inspection for Sprayto Drip applicants who have already
received a pre -inspection for an accompanying Turf Removal application, as long as the requested
square footage is the same. This occurs on case -by -case scenario.
If the application has satisfied all of the above requirements, a Letter to Proceed is generated by
MWDOC and emailed to the applicant. The funding is reserved at this point and cannot increase.
However, the funding amount may decrease if the applicant installs less drip equipment than was
specified on the application or if the costs of the equipment are less than anticipated. Should the
Exhibit A
application fail the pre -inspection process, the application will be denied. MWDOC reserves the
right to conduct, or to require Participant Agency to conduct, an on -site pre -inspection of any
Spray -to Drip application should MWDOC, in its bestjudgment, deem it necessary to do so.
If the applicant is applying for the Turf Removal Program simultaneously, an on -site inspection
should occur for the Spray to Drip application at the time of Turf Removal pre -Inspection.
Otherwise, a photo -based approval may be conducted by MWDOC for the application.
Post -Inspection Procedure
Consumer is to provide post -project installation photos (4 to 6). Photos must be taken at
appropriate angles, with visible points of reference, and at a sufficient distance to allow for review
Prior to scheduling the post -inspection, the Application will be reviewed by MWDOC to confirm
the following:
• Application is completed in full.
• Payee Name and Mailing Address for Rebate Check is provided and matches that on the
water bill.
• Applicant has attached at least 3 completed conversion area pictures showing:
o Wide angle view of completed project area(s)
o Close-up(s) of installed pressure regulation/filtration component(s)
o Close-up(s) of installed drip tubing
• Applicant has attached copies of any project related receipts or invoices. For a
receipt/invoice to be considered eligible it must be:
o Dated within the project period.
o Signed by the customer/applicant/property owner and includes the site
location, scope of work, and costs.
o Itemized to include make, model, SKU, quantity, price per item, total price.
o Include the actual quantity of drip equipment purchased and eligible for rebate.
o Labor is reimbursable if performed by a licensed C27 contractor; it must be listed as a
separate line item.
o Invoice must be marked "paid" or proof of payment must be provided.
If the Application is missing or does not comply with the requirements of any of the above,
MWDOC/Participant Agency shall work with the applicant to obtain the information and or
appropriate photos/documents prior to scheduling the post -inspection. If applicant is unable to
provide receipts/invoices that meet the requirements set forth above, the post -inspection will be
considered a fail, the application will be denied, no rebate will be issued, and no on -site post -
inspection should be scheduled.
If the Application has satisfied all of the above requirements, MWDOC/Participant Agency and/or
its inspector will work with Applicant to schedule the mandatory on -site post -inspection. The
purpose of the on -site post -inspection is to serve as an independent verification of the
information contained in the Application. As part of the on -site post -inspection, Participant
Agency/inspector must verify the following:
• The actual square footage of the conversion area. All residential spray -to -drip sites will be
measured by the Participant Agency and or its inspector for 100% of the sites for 100%of
Exhibit A
the spray -to -drip conversion areas during the post -inspections. The required minimum
techniques for area measurements are described in Section V -Measurement Techniques.
• That drip irrigation equipment has been installed. For residential on -site post -inspection,
if microspray, point -source emitters, or any other type of drip irrigation other than
embedded emitter tubing has been installed, this must be noted and photographed. Only
embedded emitter tubing installations are eligible for rebates in residential settings.
• That pressure regulation/filtration components have been installed as part of the drip
conversion. Manufacturer/make, model, model number/SKU, and quantity should be
documented, and the equipment should be photographed.
• That drip tubing has been installed. The drip tubing should be photographed. If covered,
a minimum of a 10-foot section must be uncovered for the photograph.
• That spray irrigation is no longer functional in the drip conversion area(s). Any remaining
spray heads in the conversion area must be capped (no exceptions).
The initial project area square footage established during the pre -inspection is to be used as a
reference, the final project area is to be based on the square footage as measured during the post -
inspection. Once the final project area square footage has been determined, that number,if equal
to or less then the approved square footage on the Letter to Proceed, is used to determine the
actual potential rebate amount, so long as it does not exceed the total eligible project costs.
Once the on -site post inspection is complete, the inspector will complete the Post- Inspection
section in Droplet, in full, and upload all photos and documentation. Once the Post- Inspection
form has been submitted, it will be reviewed by MWDOC, along with copies of all receipts and
invoices, and if the Spray -to -Drip project has satisfied all the terms, conditions, guidelines, and
requirements of the program, the application will be processed for rebate. If all the terms,
conditions, guidelines, and requirements of the program have not been satisfied, the post -
inspection will be considered a fail, and the application will be denied and no rebate funds will be
issued.
MWDOC reserves the right to conduct or attend any on -site post -inspection of any Spray -to Drip
application should MWDOC, in its best judgment, deem it necessary to do so.
Spray to Drip - Commercial
The commercial portion of the Spray -to -Drip Rebate Program is administered in a similar way to
the residential portion. The inspection requirements for commercial Spray -to Drip Rebate
projects are described below:
Pre -Inspection Procedure
Once an application is received, a project cannot be accepted and no funding is reserved until a
"pre -inspection" is conducted, as follows:
MWDOC reviews the application to confirm:
Exhibit A
• Program application is completed in full.
• A copy of a current water bill is attached and confirms that
o Participant agency is participating in the program
o Project site is located within Orange County
o Payee name matches the application name
• Applicant has attached at least 4 photos of the project area taken with the existing
sprinkler system turned on and running. Photos must clearly show the sprinkler system in
use and that the spray heads are functional. Photos must also contain identifying features
(buildings in the background, unique landscape/decorating features, etc.) to confirm that
photos submitted are for the property/site listed in the application.
• Applicant has provided the square footage of the proposed Spray -to -Drip conversion
area.
• A simple site plan has been attached indicating the proposed Spray -to -Drip conversion
areas.
• Any supplemental documents included have been reviewed.
Once MWDOC confirms that the application is complete and satisfies the above requirements,
MWDOC will forward the application to the Participant Agency or Inspection contractor to
conduct a mandatory pre -inspection. For commercial sites that are also participating in the Turf
Removal Program and inspected by Metropolitan's inspection contractor, Participant Agency is
required to perform the pre -inspection for the Spray -to Drip portion of the project.
On -Site Pre -Inspection
In -person pre -inspections must include:
• Visual verification of existing spray irrigation
• Physical/manual measurement of proposed irrigation conversion area.
• Photos taken by inspector of project area (4 to 6), which must reflect the spray
irrigation at the time of inspection. Photos must be taken at appropriate angles,
with visible points of reference, and at a sufficient distance to allow for review.
Measuring Sites Aerially
Measuring sites aerially must include:
• GIS or equivalent aerial measurement
• Please note that measuring sites aerially is allowed for pre -inspections only.
• Consumer is to provide photos of the spray to drip conversion before starting the project
(pre -project installation).
• The inspector should be capable of spotting abnormalities in pre -project photos submitted
by customers, and if found, should perform mandatory on -site inspections.
Exhibit A
• If aerial review is not possible due to obstructions (tree coverage), or inconclusive, member
agency should perform a physical pre -inspection as described above.
Photo -based Pre -inspection
MWDOC can perform a photo -based pre -inspection for Sprayto Drip applicants who have already
received a pre -inspection for an accompanying Turf Removal application, as long as the requested
square footage is the same. This occurs on case -by -case scenario.
Once the pre -inspection is complete, the inspector will complete the Pre -inspection section in
Droplet, in full, and upload all photos and documentation. Once the Pre -inspection form has been
submitted, it will be reviewed by MWDOC. If the application has satisfied all of the above
requirements, a Letter to Proceed (LTP) is generatedby MWDOC/Participant Agency and emailed
to the applicant. The funding is reserved at this pointand cannot increase. However, the funding
amount may decrease if the applicant installs less dripequipment than was specified on the
application or if the costs of the equipment are less than the estimated rebate amount. Should
the application fail the pre -inspection process, the application will be denied.
Post -Inspection Procedure
Once the Spray -to -Drip Project is complete, applicant completes the Spray to Drip application to
request a mandatory on -site post -inspection. Prior to scheduling the post -inspection, the
application will be reviewed by MWDOC to confirm the following:
• Application is completed in full.
• Payee Name and Mailing Address for Rebate Check is provided.
• Applicant has attached at least completed conversion area pictures showing:
o Wide angle view of completed project area
o Close-up(s) of installed pressure regulation/filtration component(s)
o Close-up(s) of installed drip tubing
• Applicant has attached copies of any project related receipts or invoices. For a
receipt/invoice to be considered eligible it must include the following:
o Dated within the project period.
o Marked "paid" or provided with proof of payment.
o Signed by the customer/applicant/property owner and includes the site
location, scope of work, and costs.
o Itemized to include make, model, sku, quantity, price per item, total price. If
microspray or point source emitters have been installed, the flow rate for each
must be 2.5 gallons per hour or less, or per the terms and conditions of the
Program.
o Labor is reimbursable if performed by a licensed C27 contractor; it must be listed as a
separate line item.
If the application is missing or does not comply with the requirements of any of the above,
MWDOC/Participant Agency shall work with the applicant to obtain the information and or
appropriate photos/documents/invoices prior to scheduling the post -inspection. If applicant is
unable to provide photos/documents/invoices that meet the requirements set forth above, the
application will be considered incomplete, the application will be denied, no rebate will be issued,
and no on -site post -inspection should be scheduled.
Exhibit A
If the application has satisfied all of the above requirements, Participant Agency and/or its
inspector will work with Applicant to schedule the mandatory on -site post -inspection. The
purpose of the on -site post -inspection is to serve as an independent verification of the
information contained in the application. For commercial sites that are also participating in the
Turf Removal Program and inspected by Metropolitan's inspection contractor, Participant Agency
is required to perform the on -site post -inspection for the Spray -to Drip portion of the project. As
part of the on -site post -inspection, Participant Agency/inspector must verify the following:
• The actual square footage of the conversion area. All commercial spray -to -drip sites will
be measured by the Participant Agency and or its inspector for 100%of the sites for 100%
of the spray -to -drip conversion areas during the post -inspections. The required minimum
techniques for area measurements are described in Section V-Measurement Techniques.
• That drip irrigation equipment has been installed. The type of drip equipment (embedded
emitter tubing/microspray/point source emitters) must be noted and photographed.
Please note that ineligible equipment, such as point source emitters, would invalidate the
project.
• That pressure regulation/filtration components have been installed as part of the drip
conversion. Manufacturer/make, model, model number/SKU, and quantity should be
documented, and the equipment should be photographed.
• That drip tubing has been installed. The drip tubing should be photographed. If covered,
a minimum of a 20-foot section must be uncovered for the photograph.
• That spray irrigation is no longer functional in the drip conversion area(s). Any remaining
spray heads in the conversion area must be capped (no exceptions).
Once the on -site post inspection is complete, the inspector will complete the Post Inspection, in
full, and upload all photos and documentation. Once the Post Inspection Form has been
submitted, it will be reviewed by MWDOC, alongwith copies of all receipts and invoices, andif the
spray -to -drip project has satisfied all the terms, conditions, guidelines, and requirements ofthe
program, the application will be processed for rebate. If all the terms, conditions, guidelines,and
requirements of the program have not been satisfied, the post -inspection will be considereda fail,
and the application will be denied and no rebate funds will be issued.
MWDOC reserves the right to conduct or attend any on -site post -inspection of any Spray -to Drip
application should MWDOC, in its best judgment, deem it necessary to do so.
V. Measurement Techniques- On Site
When measuring sites, tape measurers remain the most accurate method of measurement.
Measuring wheels are nearly as accurate when rolling on a flat surface such as concrete or asphalt.
Measuring wheels on turf or shrub areas run the risk of being inaccurate. Tape measurers are
recommended whenever uneven surfaces are encountered. For large sites, a map should be
provided indicating all the turf areas intended for removal and all project areas should be
measured and noted with square footage.
Odd shapes are often hard to measure accurately. A series of methods of measuring odd shapes
have been reviewed and below are a listing of acceptable measurement techniques of odd shapes.
Alternative measuring techniques must be submitted to MWDOC for review and approval prior
to implementation and must be at least as accurate as the techniques listed here.
Non -Uniform Rectangular
First measure the length of the longest axis of the area (line AB). This is called the length line.
Next, divide the length line into equal sections, for example 13 ft. At each of these points,
measure the distance across the area in a line perpendicular to the length line at each point
(lines C through H). These lines are called offset lines. Finally, average the lengths of all offset
lines and multiply the result times line AB (65 ft. in this example). This is most notably different
from the Non -Uniform Ellipse method in that exactly one of the left or right edges is measured,
in this case line "C."
12
-I
Exhibit A
Example: Non -Uniform Rectangular
Length line (AB) = 65 ft
Distance between offset lines is 13 ft apart
th of each offset line:
C=20ft F=20ft
D=10ft G=25ft
E=15ft H=20ft
gelengthof = (C+D+E+F+G+H)
lines (Number of offset lines)
=(20+10+15+20+25+20)/6
= 18.3 ft
Area = (Length line)
x (Average length of offset lines)
=65ftx18.3ft
= 1189.5 ft
Irregular Rhombus or Widening Rectangular
A fast way to measure irregular rhombi is shown in the example below. Stake one end of the
measuring tape at point (A, B); measure line d and then line B. Without removing the stake
measure line c and then line A. Using those four measurements you will be able to find line f and
line e. The areas of triangle IN), triangle (ce), and rectangle (cd) can now be calculated.
l&�
Exhibit A
Example: Irregular Rhombus
or Widening Rectangular
Length of each line:
A=20ft c=18ft
B=25ft d=21ft
Line (f) = A — c Line (e) = B — d
=20ft-18ft =25ft-21ft
=2ft =4ft
Area (cd) = c x d
=18ftx21ft
= 378 ftZ
Area (ce) _ (c x e) / 2
=(18ftx4ft)/2
=36ft-
Area (fd) _ (f x d) / 2
=(2ftx21ft)/2=21ft'
Total Area = Area (cd) + Area (ce) + Area (Id)
= 378 ftZ+ 36 ft + 21 ftz
= 435 f1-
Non -Uniform Round
First measure 16 evenly spaced radii from the same center point (point A). This is called the
centerpoint. Next take the average ofall the radii (B+C+D+E+F+G+H+l+1+K+L+M+N
+ O + P + q) / 16. Use the average radii to calculate the area of a circle. (12.25 ft. in this
example).
F
Board used for measuring
M
Exhibit A
Non -Uniform Round
Length of each offset line:
B=10ft E=12ft H=10fit K=9ft N=16ft Q=9ft C=15ft F=15ft
I=15ft L=811 O=10ft D=10ft G=13ft J=17ft M=15ft P=12ft
of radii = 16
length of offset lines
=(B+C+D+E+F+G+H+I+J+K+L+M+N+O+P+Q)
/ (Number of radii)
=(10+15+10+12+15+13+10+15+17+9+8+15+16+10+12+9)
/16
= 12.25 ft
Total Area = rz x 12.252 ft
=3.14x12.25ftx12.25fit
= 471 ftz
Non -Uniform Ellipses
The method used for irregular shaped areas is called the "offset method". First measure the length
of the longest axis of the area (line AB). This is called the length line. Next, divide the length line
into equal sections, for example 10 ft. At each of these points, measure the distance across the
area in a line perpendicular to the length line at each point (lines C through G). These lines are
called offset lines. Finally, add the lengths of all offset lines and multiply the result times the
distance that separates these lines (10 ft. in this example). This is most notably different from
Non -Uniform Rectangular in that neither the left or right edges of the shape are measured in the
ellipse.
0
c
MM
Example: Non -Uniform Ellipse
Length line (AB) = 60 ft
Distance between offset lines is 10 ft apart
Length of each offset line
C=15ft F=25ft
D=10ft G=20ft
E=15ft
rtal length
offsetlines=C+D+E+F+G
= 15+10+15+25+20
=85ft
Area = (Distance between offset lines)
x (sum of the length of offset lines)
=10ftx85ft
= 850 ftZ
Exhibit A
Non -Uniform Ellipses Alternate
An alternate method of measuring non -uniform ellipses is by dividing the ellipses in uniform parts
and utilizing the non -uniform round method as described above. An example is shown below.
142
VI- Measurement Techniques - Aerial
Please note that aerial inspections are allowed for area -based pre -inspections only.
Aerial inspections must be performed using GIs software, such as ArcGIS, NearMap, or GoogleEarth. Imagery
resolution should be at least 1 foot. Google MyMaps or Google Maps will not be sufficient for performing
aerial inspections. If you would like an exception or have a question about a specific method please ask
MWDOC.
When performing aerial inspections, please see the steps:
• Look up the site address in your GIS system
• If measuring aerially is difficult due to tree cover or other issues, you must perform an on -site pre -
inspection
• Use the site plan and/or customer submitted photos as a guide for measuring the application areas
• Draw out one or more polygons measuring the area on the map
• Screenshot the aerial measurement with the polygons that must be uploaded to the Droplet portal
• Complete pre -inspection form and upload to Droplet portal.
Exhibit B
P.O. Box 20895 Invoice No.
Fountain Valley, CA 92728
Phone:(714)963-3058
MWDOC Fax: (714)964-9389 EXAMPLE
INVOICE
Customer
Name Agency
Street P.O. Box 30205
City Orange State CA ZIP 92607-0205
Attn: Accounts Payable
Description
FY 2021-2022 Choice Programs Billing Invoice
Water Use Efficiency FY 21-22
W UE Adjustment for prior year FY 20-21
School Program FY 21-22
School Program Adjustment for prior year FY 20-21
Payment Details
Cust #:
GLA #:
GLA #:
GLA #:
;;LA #:
Example
Date 8/29/2022
Due Date Upon Receipt
Amount
101,507.28
(264.07)
7,455.93
Total Refund Due $ 108,699.14
Please direct your inquiries to the Accounting Department.
IN
N
p] m
O �
N N
U
a
(O I� c` m o m °' (O O• (V O W N A O O W N 1� (O O m m 0
m0 W [O N N 0] V N
0 W
yr N - N
W Fq ia [V N N�
W k9 EA Vd f9 f9 � di M � � M f9 fR M E9 � V3 f9 43 � �
W N W O r OO - r°O- r A m
W N
^� N M . Ol f0 W (O r O W r R l0 O
CI W M
1� O _O
`��t w�� » w `O» va �a fs v>W�`� `yeCi
a vs
D) - W O N Ol O. m m f7 W W W
m O OO - - -
' V LV O] [V V t(] f0 0• 0• 1� W n 1° C � N r n r iF M f00 r
1[r]
W W r O c6 M of N {p N O O O N O 4fJ N
� V (O cy- (G of vmi N m o. N� 1° W O N -� N N y W m V
N N Pn o n �n o Pn < a W N va m 'ao m m o W in m mo o o
O O
0
di
v o m m uei N m a in m ccld m oy m m o»
N dM ii vmi
o A m m � `n N r � w.
`R ea as sv w � o• m- 'A F» � ev » a Fsa � a� F» � es � M»
m o rn� yf9 mf0 6 A K
m�M_yOM
o 0
N
o
Z
d 6 U t0 y
00
am p U r'n o m m m m m Z
m w o
P
N � V
o