The URL can be used to link to this page

Home My WebLink AboutMUNICIPAL WATER DISTRICT 2 - 2004 :... ~. MUNICIPAL WATER DISTRICT OF ORANGE COUNTY 10500 Ellis Avenue P.O. Box 20895 Fountain Valley, California 92728 (714) 963.3058 Fax: (714) 964-9389 WWW.mwdoc.com Brett R. Barbre President Ed Royce, Sr. First Vice-President Susan Hinman Second Vice-President Ergun Sakal! Director Wayne A. Clark Director LarryD. Dick Director Joan C. Finnegan Director Kevin P. Hunt, P.E. Genera/Manager MEMBER AGENCIES City of Brea City of Buena Park East Orange County Water District EI ToroWater Oistrict Emerald Bay Service District City of Fountain Valley City of Garden Grove City of Huntington Beach Irvine RanchWaterOistrict Laguna Beach CountyWaterOistrict City of La Habra City of La Palma Mesa Consolidated Water District Moulton Niguel Water District City of Newport Beach City of Orange Orange County Water District Orange Park Acres Mutual Water Co. City of San Clemente City of San Juan Capistrano Santa Margarita Water District Santiago County Water District City of Seal Beach Serrano Water District South Coast Water District Southern California Water Co. TrabucoCanyonWaterDistrict City of Tustin City of Westminster Yorba Linda Water District N-2004-106 Agreement for Participation in Mnnicipal Water District of Orange County's Weather Based Irrigation Controller Rebate Program for Single-Family Residential and Small Commercial Properties When executed on behalf of each party this Agreement will constitute an agreement between the Municipal Water District of Orange County (MWDOC), and the City of Santa Ana ("Participating Agency") for participation and co- funding of a Weather Based Irrigation Controller Rebate Program for Single Family Residential and Small Commercial Properties ("Program") to be offered in Participating Agency's service area. MWDOC has developed and arranged funding through Metropolitan Water District of Southern California ("Metropolitan") and other sources for a program to provide rebates to owners of single family residences and small commercial properties to encourage them to retrofit existing operable irrigation timers with devices to control the amount of water used based upon weather conditions, ("Smart Controllers"). The Program is scheduled to provide rebates for up to Five Thousand (5,000) Smart Controllers installed by qualified participants in the Program area. The Program's objectives are to achieve savings in water consumption, reduce water runoff to storm drains and natural water bodies, and promote the goals of the Best Management Practices. MWDOC will contract for services of a qualified rebate contractor ("Rebate Contractor") to provide information about the Program and participation criteria to eligible participants, administer the rebates, and report the results of the Program. The rebate process will be initiated by a Program participant requesting a rebate application. The Rebate Contractor will keep a log of all rebate applications issued to potential participants. Upon receiving an application, the participant must complete the following two-step process in order to receive a rebate: 1. Once the Smart Controller is purchased and installed, the participant must complete and return to the Rebate Contractor the required items identified in Part One of the rebate application. In order for the participant to be eligible for a rebate, the Rebate Contractor must receive Part One of the rebate application within sixty (60) days after the application is issued and logged in by the Rebate Contractor. If an application is not returned within the 60-day period, the application will not be counted toward the maximum number of Smart Controllers authorized for the Participating Agency's service area; 2. Upon receipt by the Rebate Contractor of the completed Part One, the Rebate Contractor shall arrange for verification of the installation ofthe Smart Controller by a technician, who will complete Part Two of the application during a installation verification site visit. A Program participant qualifies for a rebate, and the rebate is issued, when proper installation and operation of the Smart Controller is verified. Participating Agency will provide funding of Nine Dollars ($9.00) per Smart Controller valve installed within its service territory for which a rebate is issued pursuant to the Program, up to a 'Not to Exceed' maximum set forth in this Agreement. MWDOC's Obligations: MWDOC will be responsible for designing the Program and providing all necessary staffing, materials, and administration to manage and implement the Program and for preparing reports on the Program's results through contractors and its own staff. These services will include: . Providing marketing and infonnational material for the Program; . Establishing eligibility requirements for prospective Program participants; . Mailing marketing materials to potential participants using lists of property owners provided by the Participating Agencies; . Providing a website, a toll-free telephone number, and printed infonnational materials for prospective participants to learn about the Program and apply to participate; . Infonning participants about the eligible Smart Controller technologies and where they may purchase an appropriate Smart Controller. (Purchase and installation of Smart Controllers will be the responsibility of the property- owner, and participants will be required to waive and release any claims against MWDOC, Metropolitan, and the Participating Agency in order to receive a rebate); . Providing quality control, verification of installation, and collection of data; . Processing of the rebate applications and mailing of the rebates; . Developing a database of infonnation regarding Program participation, including the types of Smart Controllers for which rebates are given; . Providing monthly reports of Program activity to Participating Agency, and invoicing Participating Agency for its funding obligation; and . Invoicing Participating Agency on a per valve basis, at $9 per valve, for those valves installed in their service territory. MWDOC shall provide Participating Agency with monthly reports and shall monitor the number of rebate applications provided in Participating Agency's service 2 . territory to ensure that it is within the maximum 'Not to Exceed' number provided in this Agreement. Rebates will be offered on a first come-first served basis while funding lasts. Therefore, if applications received from Program participants throughout the implementation area exhaust the number of rebates available under the Program, it may not be possible to offer rebates within Participating Agency's service territory up to the maximum 'Not to Exceed' number provided herein. MWDOC does not guarantee any minimum number of rebates will be available for Participating Agency's service area. MWDOC agrees to maintain the confidentiality of Participating Agency's customer names, addresses and other information about the Program Participants gathered in connection with the Program, and will not cause or permit the disclosure of such information except as necessary to carry out the Program. To the extent MWDOC contracts with third party contractors to carry out all or any portion of the Program, MWDOC will require the Contractor to maintain the confidentiality of said customer information. Participating Agency Obligations: To enable MWDOC to identify potential Program participants for marketing the Program, Participating Agency agrees to provide complete customer name and address information to MWDOC for those potential sites Participating Agency requests be included in the Program. Upon request, Participating Agency will provide MWDOC with addressing for the top-20% of their residential water users. Participating Agency agrees to provide funding for the Term of the Program in the amount of Nine Dollars ($9.00) per Smart Controller valve installed at a qualified property within Participating Agency's service territory for which a rebate is given, up to a maximum 'Not to Exceed' number of 1,000 valves. As part of its administrative responsibility, MWDOC will track rebate distribution on a fiscal year basis in order to limit the number of rebates issued within Participating Agency's service area over the Participating Agency's designated 'Not to Exceed' fiscal year total. . For fiscal year 2004-2005 this 'Not to Exceed' liability is $9,000 (1,000 valves x $9.00). . For fiscal year 2005-2006, this 'Not to Exceed' liability is $0.00 (0 valves x $9.00). . For fiscal year 2006-2007 this 'Not to Exceed' liability is $0.00 (0 valves x $9.00). MWDOC will invoice Participating Agency on a monthly basis for rebates issued in the previous month period, and payment will be due within thirty (30) days of the date of the invoice. Although MWDOC will make every effort to pace the Program in the Participating Agency's service territory in order not to exhaust the Participating Agency designated fiscal year funding limit, MWDOC makes no guarantee the funding limit assigned by the Participating Agency while not be exhausted prior to the end of the fiscal year. In the case where the funding limit has been exhausted prior to the end of the current fiscal year and if there are no additional funds available from the Participating Agency, 3 . . . MWDOC will direct the rebate contractor to discontinue reserving rebates for participants in the Participating Agency's service area. MWDOC will direct the rebate contractor to take names for purposes of creating a waiting list. Indemnification: MWDOC has designed the Program as a rebate program in which the property owner is solely responsible for selecting, purchasing, and installing the Smart Controller. Property owner will be required to sign a release and waiver of any claims against MWDOC, the Participating Agency, and any other funding agency, as a condition of participating in the Program. MWDOC will require its Rebate Contractor to indemnify MWDOC, the Participating Agency, and any other funding agency against claims arising out of or related to the performance ofthat contract. MWDOC will require the Rebate Contractor to provide general liability insurance covering MWDOC, each Participating Agency, and any other funding agency as additional insureds. Nevertheless, to the extent that MWDOC or the Participating Agency or their staff performs any activities in connection with the Program, each agrees to indemnify and hold the other harmless from any and all liability, claims, obligations, damages, and suits arising out of such activities. Term: The Program will commence on or about August 1,2004 and will continue until December 31, 2006 or until the targeted number of rebates has been exhausted, whichever occurs first ("Program Expiration"). If the maximum number of rebates for Participating Agency's service area have been issued prior to Program Expiration, MWDOC will direct its Rebate Contractor to discontinue offering the Program in Participating Agency's service area; however, final reporting of Program results will not be completed until after the Program Expiration date. Early Termination: Participating Agency may terminate this Agreement prior to the Program Expiration date, or prior to distribution of the maximum number of rebates for Participating Agency's service area, upon thirty (30) days' written notice to MWDOC. MWDOC may terminate this Agreement prior to the Expiration Date, or prior to distribution ofthe maximum number of rebates for Participating Agency's service area without prior notice in the event funding for this Program is exhausted, reduced, or eliminated from any funding source. If it becomes necessary to terminate this Program for any other reason, MWDOC will give Participating Agency thirty (30) days' written notice. Participating Agency will be responsible for payment of its funding contribution for all rebates made before and after the effective date ofthe termination for all applications initiated by Program participants within Participating Agency's service area prior to the effective date of the termination. For purposes ofthis paragraph, an application is deemed initiated when the Program participant obtains an application and III III III III III III III III III III III 4 . MWDOC will direct the rebate contractor to discontinue reserving rebates for participants in the Participating Agency's service area. MWDOC will direct the rebate contractor to take names for purposes of creating a waiting list. Indemnification: MWDOC has designed the Program as a rebate program in which the property owner is solely responsible for selecting, purchasing, and installing the Smart Controller. Property owner will be required to sign a release and waiver of any claims against MWDOC, the Participating Agency, and any other funding agency, as a condition of participating in the Program. MWDOC will require its Rebate Contractor to indemnify MWDOC, the Participating Agency, and any other funding agency against claims arising out of or related to the performance of that contract. MWDOC will require the Rebate Contractor to provide general liability insurance covering MWDOC, each Participating Agency, and any other funding agency as additional insureds. Nevertheless, to the extent that MWDOC or the Participating Agency or their staff performs any activities in connection with the Program, each agrees to indemnify and hold the other harmless from any and all liability, claims, obligations, damages, and suits arising out of such activities. Term: The Program will commence on or about August 1,2004 and will continue until December 31, 2006 or until the targeted number of rebates has been exhausted, whichever occurs first ("Program Expiration"). If the maximum number of rebates for Participating Agency's service area have been issued prior to Program Expiration, MWDOC will direct its Rebate Contractor to discontinue offering the Program in Participating Agency's service area; however, final reporting of Program results will not be completed until after the Program Expiration date. Early Termination: Participating Agency may terminate this Agreement prior to the Program Expiration date, or prior to distribution of the maximum number ofrebates for Participating Agency's service area, upon thirty (30) days' written notice to MWDOC. MWDOC may terminate this Agreement prior to the Expiration Date, or prior to distribution of the maximum number of rebates for Participating Agency's service area without prior notice in the event funding for this Program is exhausted, reduced, or eliminated from any funding source. If it becomes necessary to terminate this Program for any other reason, MWDOC will give Participating Agency thirty (30) days' written notice. Participating Agency will be responsible for payment of its funding contribution for all rebates made before and after the effective date of the termination for all applications initiated by Program participants within Participating Agency's service area prior to the effective date of the termination. For purposes of this paragraph, an application is deemed initiated when the Program participant obtains an application and III III III III III III III III III III III 4 " "',' . his participation is logged-in by the Rebate Contractor. Whether the Agreement is tenninated by Participating Agency or MWDOC, MWDOC will nevertheless provide Participating Agency with reports of rebate activities in Participating Agency's service area. Dated: 1-'1,,~ -0 '1- Dated: 9 .. 3 --o<¡- ATTEST: ~~~J ~ lx/\ PATRICIA E. HAY . ~é v lì .. Clerk of the Councll MUNICIP AL WATER DISTRICT OF ORANGE COUNTY By: \VVl. ~ ph M. Berg ter Use Efficiency Program Manager City of Santa Ana, Participating Agency - ;' /" /) , / /,' / / ( (;,_Ú¿~u.._-- DAVID 'N. 'REAM City Manager G:\Prop 13 ET Installation Program\MA Agreements\Santa Ana FY.doc APPROVED AS TO FORM: JOSEPH W. FLETCHER . - Cl ty Attorney V ":'°"' £f~¿;; 0"" f'k Deputy City Attorney TO CONTENT: ] LH JA ES OSS U- Executive Director of the Public Works Agency 5 I Association of California Water Agencies I Joint Powers Insurance Authority 5620 Birdcage Street, Suite 200, Citrus Heights, CA 95610 CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE COVERAGE DOCUMENT, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS LISTED HEREIN. MEMBER Municipal Water District of Orange County P.O. Box 20895 Fountain Valley, CA 92728-0895 COVERAGE INFORMATION This is to certify that coverage documents listed herein have been issued to the Member Agency herein for the Coverage period indicated. Not withstanding any requirement, term or condition of any contract or other document with respect to which the certificate may be issued or may pertain, the coverage afforded by the coverage documents ilsled herein is subject t~ all the terms, r.onditions and exclusions of such coverage documents. Tvee of Coveraae Certificate # Effective Date EXDiration Date .-. Limits General Liability Commercial General Liability Contractual Liability Products/Completed Operations Occurrence Auto Liability Owned Autos ~' tod7 Hired Autos .'J ? c~ ''--\: ,--'C.. Non-Owned Autos Auto Physical Damage Scheduled Autos Hired Autos Property Special Form Mobile Equipment Boiler and Machinery Crime ..' -i Workers' Compensation MOWC&EL-070104 7/1/2004 7/1/2005 0 Coverage A - Workers' Compo Per Accident Statutory Limit 0 Coverage B - Employer's Liability Per Accident $2,000,000 CERTIFICATE HOLDER DESCRIPTION City of Santa Ana, City Manager In reference to the Consultant Agreement made P.O. Box 1988 September 1, 2001. Santa Ana, CA 92702-1988 I I CANCELLATION: Should any of the coverage documents herein be cancelled before the expiration date thereof, ACWAfJPIA will cmåea\'er to provide 30 days written notice to the certificate holder named herein. Signed by: Date: Auqust 05, 2004 (Authþrized Represènt~ve) I, /