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HomeMy WebLinkAboutItem 47 - Shared Services Agreement with the Municipal Water District of Orange County Public Works Agency www.santa-ana.org/pw Item # 47 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 21, 2022 TOPIC: Shared Services Agreement with the Municipal Water District of Orange County AGENDA TITLE Approve an Agreement with the Municipal Water District of Orange County for Shared Programs and Services in an Amount not to Exceed $750,000 for a Five-Year Term (Non- General Fund) RECOMMENDED ACTION Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a five-year period beginning upon approval by the Municipal Water District of Orange County and expiring June 30, 2027, in an amount not to exceed of $750,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Municipal Water District of Orange County (MWDOC) provides wholesale imported water, services and programs to its member agencies throughout Orange County. While the Public Works Agency’s Water Resources Division does not purchase water from MWDOC, it does pay for water enterprise support services. As both the City and MWDOC are member agencies of the Metropolitan Water District of Southern California (MWD) and have many common interests related to water activities, programs, and organizations within Orange County, the agencies have partnered to fund and collaborate in efforts including planning, research, policy development, and other activities. The following are examples of the MWDOC-led programs that Water Resources Division staff have utilized in the past and desire to continue to use over the term of the agreement: Water use efficiency programs School education programs (K-12) Shared consulting services Water resource planning Water loss control technical assistance Water emergency preparedness and support of the Water Emergency Response Organization of Orange County (WEROC) MWDOC Shared Services Agreement June 21, 2022 Page 2 2 7 9 0 MWDOC’s coordination of shared services for its member agencies provides operational efficiencies and allows the City to more quickly engage in MWDOC activities by clearly establishing a basic foundation for this contractual business relationship. Approval of the master agreement will give the Water Resources Manager approval authority to participate in specific programs and services offered by MWDOC as outlined in the agreement (Exhibit 1). To standardize and simplify implementation of these activities, the agreement requires approval of all programs and services on annual basis at the City’s sole discretion. There is no obligation by the City to participate in, or provide financial contribution for, any program or service other than those elected each year. Should the Water Resources Division desire to add supplementary programs or services during the term of this agreement, staff will return to the City Council for approval of an amendment to incorporate those activities. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds will be budgeted for expenditure in future fiscal years, including the renewal option, based on the needs of the Water Resources Division. The following is an estimate of expenditures by fiscal year: Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Amount Contract (5-Year Term) 2022-23 06017645-62300 Water Fund Water Admin/Engineering, Contract Services- Professional $150,000 2023-24 06017645-62300 Water Fund Water Admin/Engineering, Contract Services- Professional $150,000 2024-25 06017645-62300 Water Fund Water Admin/Engineering, Contract Services- Professional $150,000 2025-26 06017645-62300 Water Fund Water Admin/Engineering, $150,000 MWDOC Shared Services Agreement June 21, 2022 Page 3 2 7 9 0 Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Amount Contract Services- Professional 2026-27 06017645-62300 Water Fund Water Admin/Engineering, Contract Services- Professional $150,000 Total:$750,000 EXHIBIT(S) 1. Master Agreement with MWDOC Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager EXHIBIT 1 MASTER AGREEMENT FOR SHARED PROGRAMS AND SERVICES BETWEEN THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY & THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into as of 21st 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.” RECITALS WHEREAS, the Parties are both member agencies of the Metropolitan Water District of Southern California (“Metropolitan”) and have many common interests related to water activities, programs and organizations within Orange County; and WHEREAS, the Parties share many water planning characteristics, including location, climate history, demographics, water sources, water supplies and demand management measures; and WHEREAS, the Parties share a long and successful history of collaborating on water resource activities, planning 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 1.1.1. 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 55401.00001\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 a new 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 WUE Program is terminated early, City is responsible for payment of any funding contributions required by the WUE 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 WUE 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 Water$mart. 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 may be 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 may be 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 55401.00001\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 10th 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 55401.00001\29553757.1 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 8 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. 3.1.6. 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 Term 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 15th 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 55401.00001\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 9.1. 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 16 55401.00001\29553757.1 Exhibit A MUNICIPAL WATER DISTRICT OF ORANGE COUNTY INSPECTION AND VERIFICATION PROCEDURES Exhibit A Table of Contents Contents I. II. Purpose of this document............................................................................................................................2 Program Implementation Process ...............................................................................................................2 Application Package .....................................................................................................................................2 Invoice Submission.......................................................................................................................................3 Federal, State, and Local Laws and Ordinances ...........................................................................................3 Supplemental Inspections............................................................................................................................4 Inspection Confirmation Quality Control.....................................................................................................4 Device-Based Inspection Procedures...........................................................................................................4 Residential Devices ......................................................................................................................................5 Commercial Devices.....................................................................................................................................5 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 Spray to Drip - Residential..........................................................................................................................18 Spray to Drip - Commercial........................................................................................................................21 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 III. IV. V. VI- Measurement Techniques - Aerial ....................................................................................................................29 Exhibit A I. 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. II. 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 o o Residential Commercial Spray to Drip - Residential •Area-Based Rebate Programs o o Turf Removal Spray to Drip - 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 o o Participant Agency is participating in the program Project site is located within Orange County 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 o If receiving Metropolitan funding, indicate which sustainability feature will be installed 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 o o Current site condition Complete area to be removed 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. i. 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@mwdh2o.com To determine how many devices need to be inspected at a $10,000+ site, follow the next two points. i. 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 at one 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 at one 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 Exhibit A MAA Program Project is approved for $100,000, then a minimum of $5,000 worth of devices must be inspected. e. 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. b. c. Validate quantity of devices installed. Verify new device type, make, and model with Project information. 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. i. 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. Exhibit A 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 be taken 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 PrimaryMAA Program Type Secondary Inspection Criteria Number of Inspections Required Inspection Criteria Listed in order from A to C (must do (C) below even if (A) and/or (B) exists) Minimum 10% inspections of each qualifying site Large Site (A)Commercial Device $10,000 or more 100% inspections of each qualifying siteNon-Large Site Less than $10,000, but satisfies the Large Site definition Minimum 10% inspections of each qualifying site (B) Large Site (C)Number Sites up to 5% of TotalInspected less than 5% of Total Project $Project $ IV. Area-Based Programs 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. In a 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 for the 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. 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 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 order to 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 o o Itemized to include make, model, SKU, quantity, price per item, total price. Include the actual quantity of drip equipment purchased and eligible for rebate. 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. b. Validating square footage removed Verifying the number of plants installed meet Metropolitan’s minimum requirement of 3 plants per 100 square feet c. d. e. f. Verify that no invasive species were installed Verification that a sustainability feature has been included in project Verify mulch is around plants and that no bare soil exists 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 o o Participant agency is participating in the program Project site is located within Orange County 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 Spray to 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 best judgment, 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 o o Wide angle view of completed project area(s) Close-up(s) of installed pressure regulation/filtration component(s) 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 o Dated within the project period. Signed by the customer/applicant/property owner and includes the site location, scope of work, and costs. o o o Itemized to include make, model, SKU, quantity, price per item, total price. Include the actual quantity of drip equipment purchased and eligible for rebate. 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 o o Participant agency is participating in the program Project site is located within Orange County 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 Spray to 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 o o Wide angle view of completed project area(s) Close-up(s) of installed pressure regulation/filtration component(s) 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 o o Dated within the project period. Marked “paid” or provided with proof of payment. 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, along with 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 Exhibit A 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.” Exhibit A Example: Non-Uniform Rectangular Length line (AB) = 65 ft Distance between offset lines is 13 ft apart Length of each offset line: C = 20 ft D = 10 ft E = 15 ft F = 20 ft G = 25 ft H = 20 ft Average length of offset lines =(C + D + E + F + G + H) (Number of offset lines) = (20 + 10 + 15 + 20 + 25 + 20) / 6 = 18.3 ft Total Area = (Length line) x (Average length of offset lines) = 65 ft x 18.3 ft = 1189.5 ft2 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 (fd), triangle (ce), and rectangle (cd) can now be calculated. Exhibit A Example: Irregular Rhombus or Widening Rectangular Length of each line: A = 20 ft B = 25 ft c = 18 ft d = 21 ft Line (f) = A – c Line (e) = B – d = 25 ft – 21 ft = 4 ft = 20 ft – 18 ft = 2 ft Area (cd) = c x d = 18 ft x 21 ft = 378 ft2 Area (ce) = (c x e) / 2 = (18 ft x 4 ft) / 2 = 36 ft2 Area (fd) = (f x d) / 2 = (2 ft x 21 ft) / 2 = 21 ft2 Total Area = Area (cd) + Area (ce) + Area (fd) = 378 ft2+ 36 ft2 + 21 ft2 = 435 ft2 Non-Uniform Round First measure 16 evenly spaced radii from the same center point (point A). This is called the center point. Next take the average of all the radii (B + C + D + E + F + G + H + I + J + 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). Board used for measuring Exhibit A Example: Non-Uniform Round Length of each offset line: B = 10 ft I = 15 ft E = 12 ft L = 8 ft H = 10 ft O = 10 ft K = 9 ft D = 10 ft N = 16 ft G = 13 ft Q = 9 ft J = 17 ft M = 15 ft C = 15 ft F= 15 ft P = 12 ft Number of radii = 16 Average 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 = π x 12.252 ft = 3.14 x 12.25 ft x 12.25 ft = 471 ft2 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. Example: Non-Uniform Ellipse Length line (AB) = 60 ft Distance between offset lines is 10 ft apart Length of each offset line C = 15 ft D = 10 ft E = 15 ft F = 25 ft G = 20 ft Total length of offset lines = C + D + E + F + G = 15 + 10 + 15 + 25 + 20 = 85 ft Total Area = (Distance between offset lines) x (sum of the length of offset lines) = 10 ft x 85 ft = 850 ft2 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. 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 Invoice No.16871P.O. Box 20895 Fountain Valley, CA 92728 Phone: (714)963-3058 Fax: (714)964-9389 EXAMPLE INVOICE Customer Description Amount FY 2021-2022 Choice Programs Billing Invoice Water Use Efficiency FY 21-22 WUE Adjustment for prior year FY 20-21 $ $ 101,507.28 (264.07) School Program FY 21-22 School Program Adjustment for prior year FY 20-21 $ $ 7,455.93 - Total Refund Due $ 108,699.14 Payment Details Please direct your inquiries to the Accounting Department. Exhibit C MWDOC Water Use Efficiency Choice Allocation for FY 2019/20 Based on Outside Funding in December 1, 2017 - November 30, 2018 Metropolitan Incentives [1] MWDOC Grants [2] Vendor Fees [3] Total Outside Funding Percentage Share Initial Choice Allocation Prior Year Percentage Share Ajustment for Prior year Current Year Invoice AmountBy Retail Agency Brea $26,115 $19,930 $410 $15,123 $4,369 $300 $1,766 $1,463 $41 $43,004 $25,762 $751 1.12% 0.67% 0.02% 2.75% 2.99% 0.40% 1.87% 5.65% 29.02% 0.25% 0.04% 0.14% 5.66% 18.11% 1.62% 4.05% 3.23% 2.48% 12.55% 0.29% 0.18% 2.11% 0.30% 1.38% 0.53% 2.43% 0.09% 0.04% 0.01% 100% $9,823.12 $5,884.55 $171.43 3.11% 0.92% 0.16% 1.99% 1.55% 1.08% 1.23% 9.99% 28.02% 0.35% 0.31% 0.31% 5.17% 11.06% 4.89% 3.65% 2.12% 0.84% 10.92% 0.16% 0.15% 3.46% 0.76% 2.62% 1.31% 3.45% 0.18% 0.14% 0.09% 100.00% ($3,726.63) ($1,097.15) ($196.59) $6,096.49 $4,787.40 ($25.16) Buena Park East Orange County Water District El Toro Water District Fountain Valley $65,866 $46,979 $13,396 $62,276 $144,453 $663,528 $5,562 $34,391 $62,819 $619 $5,042 $4,506 $1,381 $5,660 $9,105 $39,658 $454 $105,299 $114,304 $15,396 $71,680 $216,450 $1,111,200 $9,695 $24,052.89 $26,109.82 $3,516.77 $16,373.53 $49,442.39 $253,824.61 $2,214.47 $362.52 ($2,380.27) ($1,857.63) ($1,292.86) ($1,470.08) ($11,957.47) ($33,530.90) ($418.37) $21,672.62 $24,252.19 $2,223.91 $14,903.45 $37,484.91 $220,293.71 $1,796.10 ($10.58) Garden Grove Golden State Water Company Huntington Beach Irvine Ranch Water District La Habra $3,745 $62,892 $408,013 $3,679 $119La Palma $1,314 $154 $1,587 ($373.10) Laguna Beach County Water District Mesa Water District Moulton Niguel Water District Newport Beach $2,975 $2,234 $32,183 $101,507 $39,755 $34,292 $39,850 $15,423 $126,297 $0 $295 $5,504 $1,257.14 $49,504.18 $158,346.39 $14,130.64 $35,420.89 $28,227.93 $21,709.46 $109,717.36 $2,575.56 $1,550.49 $18,415.96 $2,631.20 $12,047.39 $4,639.70 $21,287.12 $800.41 ($367.14)$890.01 $181,715 $574,192 $21,491 $115,332 $77,211 $76,813 $332,737 $10,286 $2,824 $2,823 $17,513 $616 $216,721 $693,213 $61,861 $155,066 $123,577 $95,040 $480,323 $11,275 $6,788 ($6,183.03) ($13,237.59) ($5,852.14) ($4,363.41) ($2,537.84) ($1,008.23) ($13,069.56) ($186.66) $43,321.15 $145,108.80 $8,278.50 $31,057.48 $25,690.10 $20,701.23 $96,647.79 $2,388.90 $1,375.80 $14,279.46 $1,717.43 $8,906.71 $3,071.01 $17,159.33 $583.99 Orange $5,442 $6,517 $2,803 $21,290 $989 San Clemente San Juan Capistrano Santa Margarita Water District Seal Beach Serrano Water District South Coast Water District Trabuco Canyon Water District Tustin $3,817 $14,353 $5,964 $21,410 $7,848 $17,196 $3,504 $1,538 $559 $146 ($174.69) $63,420 $5,145 $2,849 $410 $80,622 $11,519 $52,741 $20,312 $93,191 $3,504 ($4,136.50) ($913.77) $28,933 $11,677 $71,214 $0 $2,398 $787 ($3,140.68) ($1,568.69) ($4,127.79) ($216.43) Westminster Yorba Linda Water District Anaheim $4,781 $0 Fullerton $0 $0 $1,538 $351.39 ($162.60)$188.79 Santa Ana $0 $0 $559 $127.69 ($109.07)$18.62 Orange County Total $2,625,795 $1,063,799 $138,888 $3,828,482 $874,517.00 ($119,656.87)$754,860.13 [1] Incentive amounts funded though Metropolitan's Conservation Credits Program. Programs include Commercial, Industrial, Institutional, Residential, Landscape, and Recycled Water Conversion. [2] Outside funding through grants awarded to MWDOC by the California Department of Water Resources, and US Bureau of Reclamation. Excludes member agency administrative and supplemental contributions. [3] Vendor fees are administrative processing costs paid for by Metropolitan or through MWDOC grants.