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Home My WebLink AboutMUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) (2) . ~ . rcc'~^'~~ ~'^~ -It^ ^^,,^ ^^-' . ~.~ ','" .~ f:I.,~~ "cc,,~= ^,^,,,,,,~,,,^,,-, MUNICIPAL WATER DISTRICT OF ORANGE COUNTY 10500 E!lisAvenue P.O. Box20a9S Fountain Valley, California 92728 (714)%3-3058 Fax: (714) 964-9389 www.mwdoc.com Ed Royce, Sr. President Susan Hinman Vice.Presidem Ergun Bakall Director Brett R. Barbre Director Wayne A. Clark Director larryD.Dick Director Joan C Finnegan Director Kevin P. Hunt, P.E. Genera/Manager MEMBER AGENCIE5 City of Brea City of Buena Park East Orange County Water District EI Tom Water District Emerald Bay Service District (ity of Fountain VaJley City of Garden Grove City of Huntington Beach Irvine Ranch Water District laguna Beach County Water District City of la Habra City of la Palma Me-sa Consolidated Water District Moulton Niguel Water District City of Newport Beach (ityofOrange 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 ~istrict Southern California Water Co. Trabuco Canyon Water District City of Tustin CityofWestrninster yortJalindaWaterDistrict IN1iUHANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCil N-2006-127 DATE: 6ihf?..3 -07 . Co): PWA-w..IO>r) TDMlllx Letter Agreement for Participation in Municipal Water District of Orange County's Weather Based Irrigation Timer Rebate Program for Single-Family Residential and Small Commercial Properties I When executed on behalf of each party, this letter 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 Smart Timer Rebate Program for Single Family Residential and Commercial Properties, including Home Owners Associations (HOA's) ("Program") to be offered in Participating Agency's service area. This Agreement effectively continues Participating Agency's participation in the Program through the term date stated herein, and fully recognizes all terms and conditions of the prior Program Agreement dated, September 24, 2004 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 commercial properties, including HOAs, to encourage them to retrofit existing operable irrigation timers with devices to control the amount of water used based upon weather conditions ("Smart Timers"). The Program is scheduled to provide rebates for up to Five Thousand (5,000) Smart Timers 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~ A Program participant requesting a rebate application will initiate the rebate process~ The Rebate Contractor will keep a log of all rebate applications issued to prospective participants. Upon receiving an application, the prospective participant must complete the following two-step process in order to receive a rebate: I ~ A prospective participant who wants to participate in the Smart Timer Rebate Program must complete an application and return it to the Rebate Contractor, along with a recent water bill. The Rebate Contractor will check each returned application for completeness and determine the eligibility of the applicant to participate in the Program. Ifthe participant is determined to be eligible for the Program, the Rebate Contractor will forward a Rebate Confirmation Notice to the participant. The Rebate Confirmation Notice will direct the participant to purchase and install a Smart Timer device selected from a list of eligible devices. The participant is instructed to return the completed Rebate Confirmation Notice and the original product receipt/invoice to the Rebate Contractor for further processing once installation of the Smart Timer is completed; .' 2. Upon receipt by the Rebate Administrator ofthe completed Confirmation Notice, the Rebate Contractor will arrange for verification of the installation of the Smart Timer by an approved technician, who will complete the Work Order and all other assigned data collection responsibilities and return the Work Order to the Rebate Contractor for final processing and issuance ofthe rebate check. A Program participant qualifies for a rebate, and the rebate is issued, when proper installation and operation of the Smart Timer is verified. Also, rebates are available on a first come -first served basis, while funding lasts. If funding is exhausted or terminated for any reason and at any point during the participant's rebate process, MWDOC does not guarantee participant will receive a rebate. Participating Agency will provide funding of Nine Dollars ($9.00) per Smart Timer valve installed within its service area for which a rebate is issued pursuant to the Program, up to a 'Not to Exceed' maximum as set forth in this Agreement. MWDOC's Obligations: MWDOC will be responsible for designing the Program, setting the rebate level paid to a qualified participant, providing all necessary staffing, materials, and administration to manage and implement the Program, and preparing reports on the Program's results through contractors and its own staff. These services will include: · Developing marketing and informational material for the Program, except as noted in the Participating Agency Obligations section of this Agreement; · Promoting the Program in Participating Agency's service territory under those conditions described in the Participating Agency Obligations section of this Agreement; · Establishing eligibility requirements for prospective Program participants; · Providing a website, a toll-free telephone number, and printed informational materials for prospective participants to learn about the Program and apply to participate; · Informing participants about the eligible Smart Timer technologies and where they may purchase an appropriate Smart Timer. (Purchase and installation of Smart Timers 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; · Setting the rebate levels paid to participants; · Paying participants who have completed the participation requirements to the satisfaction ofMWDOC on a per attached and operating valve basis for Residential Customers and on a per acre basis for Commercial customers; 2 · Developing a database of information regarding Program participation, including the types of Smart Timers for which rebates are given; · Providing monthly electronic and/or written reports of Program activity to Participating Agency, and invoicing Participating Agency for its funding obligation; · Invoicing Participating Agency on a $9.00 per active valve basis for those valves installed within Participating Agency's service area; and · Invoicing Participating Agency for all associated marketing costs as described herein. As part of its administrative responsibility, MWDOC will track rebates paid to qualified participants in order to limit the number of rebates issued within Participating Agency's service area up to Participating Agency's designated 'Not to Exceed' total liability of Nine Thousand Dollars ($9,000) or 1,000 valves (1,000 valves x $9.00). MWDOC shall provide Participating Agency with monthly electronic and/or written reports and shall monitor the number ofrebate applications provided in Participating Agency's service 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 MWDOC's 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: Participating Agency agrees to the following: · If Participating Agency elects to have MWDOC do its marketing, Participating Agency shall provide MWDOC with a customer name and address information database for those residential and small commercial water service accounts to which Participating Agency would like to market the Program; · If Participating Agency does not wish to provide addressing information, Participating Agency will be responsible for marketing the Program to potential participants. The fact that Participating Agency elects to assume responsibility for marketing shall not reduce the Participating Agency's funding obligation of$9.00 per valve; · By supplying MWDOC with a marketing database, Participating Agency agrees to pay for all costs incurred to design, print, and distribute marketing materials to those 3 .' customer accounts that Participating Agency has supplied MWDOC through the Participating Agency's addressing database; · For purposes of marketing the Program in Participating Agency's service territory, Participating Agency agrees to pay MWDOC staff time at the rate of $50.00 per hour to process the Participating Agency's supplied marketing database up to Participating Agency's designated 'Not to Exceed' total liability of One Thousand Dollars ($1,000) or 20 hours (20 hours x $50.00).; and · Participating Agency agrees to provide funding for 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. The maximum number of valves for which rebates will be provided within Participating Agency's service area will not exceed 1,000 valves or $9,000 (1,000 x $9.00), whichever is less. MWDOC will invoice Participating Agency on a monthly basis for the previous months' period at the rates described herein for both the amount of valves issued and for any marketing expenses. Payment will be due within thirty (30) days of the date of the invoice. If the need arises to adjust the rebate levels, a written amendment to this Agreement will be required. If Participating Agency wishes to increase the maximum number of valves for which rebates will be provided under the terms set forth in this Agreement, Participating Agency may accomplish this increase by written notice signed by a representative of Participating Agency authorized to issue such notice. Participating Agency's written notice must describe the increase in the maximum number of valves in terms of both (1) the number of valves and (2) the dollar figure for the increase in Participating Agency's 'Not to Exceed' total liability. 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 Timer. Property owner will be required to sign a release and waiver of any claims against MWDOC, the Participating Agency, any Participating City, 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, each Participating City, 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, the Participating Agency, each Participating City, and any other funding agency as additional insureds. Nevertheless, to the extent that MWDOC, the Participating Agency, and/or each Participating City, 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 its negligence or liability without fault in the performance of such activities, except to the extent such liability, claims, obligations, damages or suits arise from the other's negligence or liability without fault. Term: The Term for this Agreement will be from January I, 2006 through June 30, 2008, or until the targeted 'Not to Exceed' number of valves described herein has been exhausted, whichever occurs first ("Program Expiration"). If the maximum number of 'Not to Exceed' valves for Participating Agency's service area have been issued prior to Program 4 , 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 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. MWDOC and Participating Agency will be responsible for payment of its respective 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 his participation is logged-in by the Rebate Contractor. Whether the Agreement is terminated by Participating Agency or MWDOC, MWDOC will nevertheless provide Participating Agency with reports of rebate activities in Participating Agency's service area. APPROVED AS TO FORM: BY:~~ Dated: (....../.(/0 P I ( MUNICIPAL WATER DISTRICT af/ ORANGE c;rzy , "1 ;1 1 " By: ~ ' / L/ L/ l,' ( I Kevin P. Hunt General Manager Dated: APPROVED AS TO FORM: CITY OF SANTA ANA ~ By: c... By: ~,~L G/ ~ City Attorney City Manager Dated: / /11 /e ) RECOMMENDED FOR I Dated: I - I (P . 0 '1 1(;;;',' , Jam.es G. oss, Executive Director Public Works Agency A'O'EST. ~ ~ ,- , . -.- ;..- .- /~"'-'~et../. ~ ' PA TRICIA E. HEIWY " "'IC( 0/: THE COUNCIl" V G:ISMART TIMER REBATE PROGRAMIMA Agr<\ementslSA ISanta Ana Agt 2007 draft,doc 5