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Home My WebLink AboutMUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) 3 - 2007 '. u^^_^ ^^^ ...-.^. ^ ,-. '......^ ^--. '-""-'.-- A___ _.;"___-; MUNICIPAL WATER OISTRICT OF ORANGE COUNTY ^.: .^ ^ 10500 Ellis Avenue P.O. Box 20895 Fountain Valley, California 92728 (714) 963-3058 Fax: (714) 964-9389 www.mwdoc.com Susan Hinman President Wayne A^ Clark Vice-President Ergun Bakall Director Brett R. Barbre Director Larry D. Dick Director Joan C. Finnegan Director Ed Royce, Sr. Director Kevin P. Hunt, P.E^ General Manager MEMBER AGENCIES City of Brea City of Buena Park East Orange County Water District EI Toro Water District Emerald Bay Service District City of Fountain Valley City of Garden Grove Golden State Water Co. City of Huntington Beach Irvine Ranch Water District Laguna Beach County Water District 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 City of Seal Beach Serrano Water District South Coast Water District Trabuco Canyon Water District City of Tustin City of Westminster Yorba Linda Water District N-2007-121 a::-^ .. - ENT'a OCT 1 9 2007 . PwA C()) O. 10M 0', '/. Letter Agreement for Participation in Municipal Water District of Orange County's Weather Based Irrigation Timer Rebate Program for Single-Family Residential and Commercial Properties When executed on behalf of each party, this letter will constitute an agreement between the Municipal Water District of Orange County ("MWDOC"), and City of Santa Ana ("Participating Agency"), for participation and co-funding of a Smart Timer Rebate Program for Single Family Residential and 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 Regional Program to provide rebates to owners of single family residences and 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 Timers"). The Regional Program is scheduled to provide rebates for up to Five Thousand (5,000) Smart Timers installed by qualified participants in the Program area. Participating Agency is eligible to participate in the Regional Program and agrees to provide funding at the amount specified, as stated in Table 1, below, per Residential Smart Timer valve installed within its service area, and at the amount specified, as stated in Table l, below, per irrigated acre for commercial sites which a rebate is issued pursuant to the Program, up to 'Not to Exceed' maximum amounts as set forth in this Agreement. Participating Agency also agrees to provide funding for verification of Smart Timer installations by an outside consultant engaged by MWDOC as part of the Regional Program. The Regional 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. Residential Properties: MWDOC will contract for services of a qualified rebate contractor ("Rebate Contractor") to provide information about the Program and participation criteria to eligible residential participants, administer the residential rebates, and report the results of the Program. A residential participant requesting a rebate application will initiate the rebate process. The Rebate Contractor will keep a log of all residential rebate applications issued to prospective participants. Upon receiving a residential application, the prospective participant must complete the following process in order to receive a rebate: A prospective residential 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 and the receipt for the purchase and installation of their chosen Smart Timer technology. The Rebate Contractor will check each returned application for completeness and determine the eligibility of the applicant to participate in the Program. If the participant is determined to be eligible for the Program, the Rebate Contractor will forward a Work Order to the Program's installation verification consultant. In order for a residential participant to receive a rebate, the participant must first submit to a site installation verification of the installed Smart Timer technology performed by the Program's installation verification consultant, or the Participating Agency if it so elects as provided herein. Upon completion of the site installation verification, the installation verification consultant (or Participating Agency, if applicable) will forward the inspection results to the Program's Rebate Contractor for final processing and issuance of the rebate check. Commercial Properties: Prospective commercial participants who purchase and install one or more Smart Timers and wish to receive a rebate may be eligible for a rebate through Metropolitan's Save A Buck Program. Commercial participants may not obtain rebates by submitting an application to the Rebate Contractor as described above; instead, a commercial participant must apply for a rebate through Metropolitan's Save A Buck Program. Commercial participants must follow all program guidelines and eligibility rules of the Save A Buck program. Further information is available at www.mwdsaveabuck.com/or through Metropolitan at 1-877- 728-2282 MWDOC's Obligations: MWDOC will be responsible for designing the Regional Program, setting the rebate level paid to a qualified participant, providing all necessary staffing, materials, and administration to manage and implement the Regional Program, and preparing reports on the Regional Program's results through contractors and its own staff. These services will include: · Providing marketing and informational material for the Program, except as noted in the Participating Agency Obligations section of this Agreement; . Establishing eligibility requirements for prospective Program participants; · Mailing marketing materials to prospective participants using lists of property owners provided by the Participating Agencies; . 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, installation and functioning 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); · Facilitating quality control, verification of installation, and collection of data; 2 " . 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 an active residential valve basis for Residential customers. (Metropolitan's Save A Buck program will be responsible for paying commercial participants the rebate based on irrigated acreage); . Developing a database of information regarding Program participation, including the types of Smart Timers for which rebates are given; . Providing monthly electronic and written reports of Program activity to Participating Agency, and invoicing Participating Agency for its funding obligation; . Invoicing Participating Agency for the specified amount per active valve and for the specified amount per acre for those valves and acres installed within Participating Agency's service area; . Invoicing Participating Agency for pass-through inspection costs for commercial Smart Timers provided within Participating Agency's service area by installation verification consultant pursuant to consultant's agreement with MWDOC. · Invoicing Participating Agency for pass-through inspection costs for residential Smart Timers installed within Participating Agency's service area and inspected by installation verification consultant pursuant to consultant's agreement with MWDOC. MWDOC shall not incur or pass through inspection costs for Smart Timers inspected by Participating Agency. . Facilitate providing Participating Agency with inspection notifications and work orders for residential Smart Timers within Participating Agency's service area. As part of its administrative responsibility, MWDOC will track rebates paid to qualified residential and commercial participants in order to limit the total number of rebates issued within Participating Agency's service area so that the aggregate amounts of Participating Agency's per- valve and per-acre funding contributions to rebates issued and pass-through inspection costs are within Participating Agency's designated 'Not to Exceed' total liability amounts as listed in Table l, below. MWDOC shall provide Participating Agency with monthly electronic and/or written reports and shall monitor the number of rebate applications provided in Participating Agency's service territory to ensure that the aggregate amounts of Participating Agency's per-valve and per-acre funding contributions to rebates issued and pass-through inspection costs are within the maximum 'Not to Exceed' numbers provided in this Agreement. Residential rebates will be offered on a first come-first served basis while program funding lasts. Therefore, if residential 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: . Participating Agency will provide MWDOC with customer name and address information for those residential and 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, or some combination of either of the two marketing plans. The fact that Participating Agency elects to assume responsibility for marketing shall not reduce the Participating Agency's funding obligation; and . Participating Agency agrees to provide funding for the Program in the amount specified in Table 1 below per Smart Controller residential active valve, in the amount specified in Table 1 below per commercial acre installed at a qualified property within Participating Agency's service territory for which a rebate is given and costs for installation verification inspection (cost varies between residential and commercial, see Exhibit 1), up to the maximum 'Not to Exceed' numbers set forth in Table 1 below. As part of its administrative responsibility, MWDOC will track rebate distribution in order to limit the number of residential and commercial rebates issued within Participating Agency's service area so that the aggregate amounts of Participating Agency's per-valve and per- acre funding contributions to rebates issued and pass-through inspection costs do not go over the Participating Agency's designated 'Not to Exceed' fiscal year totals: Category Participating Agency No. of Valves or Acres 230 valves 19 irrigated acres Table 1 Funding Amount Residential Commercial $9 per Valve $l20 per Irrigated Acre Varies Not to Exceed Funding Limit Fiscal year 200712008 $2,070 $2,280 Inspection Verification $4,646 Total $8,996 4 . 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 lllVOlce. . Participating Agency may increase its Not to Exceed Funding Limit under this Letter Agreement by written notice to MWDOC's General Manager made by the undersigned representative of the Participating Agency or his or her successor. Any increase must be made prior to the exhaustion of available funding. . In addition to the per valve and per acre funding shown in Table l, Participating Agency shall be responsible for all residential and commercial Smart Timer installation inspection costs incurred within its service area as required to verify installations for which rebates were submitted as provided herein, up to the maximum 'Not to Exceed' numbers set forth in Table l. Such costs shall be invoiced by MWDOC as a pass-through cost on a monthly basis and shall be based on costs invoiced to MWDOC by the installation verification consultant. MWDOC shall begin invoicing Participating Agency upon receipt of invoices submitted by the installation verification consultant for inspection services provided on or after July l, 2007. Invoicing of the Participating Agency shall continue as long as both commercial and residential installation verifications continue. Exhibit l, a current copy of MWDOC's installation verification consultant's invoice to MWDOC shows the current billing rates that will be used as the pass through amounts. Any future changes to the billing rates will also be passed through based on cost incurred in Participating Agency's servIce area. . Participating Agency can elect to conduct its own inspections for the residential installations and submit reporting of the inspection results to MWDOC. If Participating Agency elects to conduct its own inspections, the minimum reporting requirements are as follows: . Inspection results verifying that the Smart Timer was installed and the number of active irrigation valves hooked up to the SmarTimer Site measurements of the irrigated area, which can be derived from the Participating Agency's billing system; The number of valves connected to the installed Smart Timer; Contact information for the participant; Complete and return to Rebate Contractor the inspection work order supplied to Participating Agency in a timely manner. . . . . . MWDOC is currently seeking funding for inspection costs from other sources. If during the term ofthis agreement MWDOC should receive funding to offset any inspection costs otherwise due from Participating Agency as provided herein, this funding will be applied by MWDOC to proportionately reduce or eliminate inspection costs invoiced to Participating Agency. 5 " .' 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, and any other funding agency as a condition of participating in the Program. To the extent 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 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 Program commenced on or about September l, 2004, and until July l, 2007 was covered under a separate, previous agreement. Effective July l, 2007, this agreement supersedes the previous agreement and will continue until June 30, 2009 or until the targeted number ofrebates has been exhausted, whichever occurs first ("Program Expiration"). If the maximum number ofrebates for Participating Agency's service area has 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. The per-valve, per-acre and maximum funding amounts in Table 1 shall apply to Fiscal Year 2007-08 and, unless changed as provided in the following sentence, shall also apply for any subsequent fiscal years during the term of this Agreement. If MWDOC and Participating Agency agree to change any of the Table 1 funding amounts for fiscal years after 2007-08, they shall amend this agreement to replace Table 1 with a revised Table 1 showing the changed amounts and specifying the effective date thereof. 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. Otherwise, MWDOC may terminate this Agreement for any reason upon thirty (30) days' written notice to Participating Agency. 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 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. II II II II II II II II II 6 ,.. ~, Dated: all; J' /l4; 7 Approved as to Form Dated: MUNICIPAL WATERD~ICT OF ORANGE COUNTY ;:. A wv\~:t I Kevm P. Hunt General Manager By: 1-1 <{ -~ McCormick, Kidman & Behrens, LLC Russell G. Behrens Daniel J. Payne Legal Counsel APPROVED AS TO FORM: By: j!1' Dated: , ; () I . "OdA~\.D or11 cfty Attorney ! V RECOMMENDED FOR AP S G. OSS, Executive Director lie Works Agency CITY OF SANTA ANA ~~.p 7 City Manager Dated: AL: 7 j'/' ;/ . -~~~ TRICIA E. IIEAI.T CLERK OF THE COUNCII"I I'..." . , , . . , I . @ - -. F '\I'~.;"" R t: 0_.:1 . t. LJ ~)<,,\ ~.+ \ Mission ReD JUL 0 3 2007 Invoice No. 674 P.O. Box 1777 Fallbrook, CA 92088-1777 N1\ND OF OC 760.728.1332 fax 760.723.5316 INVOICE ~ Customer Name Municipal Water District of Orange County Address P.O. Box 20895 City Fountain Valley State CA ZIP 92728 Phone Date Order No. Rep FOB 7/2/2007 Hours Description Unit Price TOTAL COMMERCIAL I 139.00 Stephanie Bierman $37.84 $5,259.76 38.00 Cesar Rocha $37.84 $1,437.92 ,~.OO Craig Magi $37.84 $302.72 4.00 Sandra $37.84 $151.36 30.50 Patty and Beth - appointment and data entry $28.00 $854.00 89.50 Justin Haessly $37.84 $3,386.68 127.00 Derek Green $37.84 $4,805.68 127.00 Sean Green $37.84 $4,805.68 I 8.00 Sean Lamont $37.84 $302.72 8.00 Russell Egbert $37.84 $302.72 8.00 Patty Bender $37.84 $302.72 72.50 Calculations $37.84 $2,743.40 RESIDENTIAL Timers 80.00 Verifications B $89.00 $7,120.00 3.00 Admin. Fee $6.50 $19.50 MATERIALS Miles I 3,263.70 Mileage for HOA's $0.445 $1,452.35 1 SubTotal $33,247.21 Payment Details "'\ $0.00 0 Cash 0 Check TOTAL $33,247.21 Comment: I r~e Use Only Save What We Have - Restore What We Had