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HomeMy WebLinkAboutC-5057 - Agreement for the Newport Beach Runoff Reduction ProgramLA Agreement Between City of Newport Beach and Municipal Water District of Orange County for the Q Newport Beach Runoff Reduction Program i This Agreement is made by and between the Municipal Water District of Orange County ("MWDOC") and the City of Newport Beach ("City") for the Newport Beach Runoff Reduction Program V ("Program") to be offered within City's boundaries. RECITALS WHEREAS, Metropolitan Water District of Southern California ("Metropolitan") provides rebate funding to encourage owners of single family residences and commercial properties to retrofit both (1) functioning irrigation timers still in use with "Smart Timers° that control the amount of water used based on weather and site conditions, and (2) high -precipitation, low -efficiency spray heads with low - precipitation, high -efficiency rotating nozzles; and WHEREAS, MWDOC, as a Metropolitan Member Agency, has access to this rebate funding on behalf of its retail agencies, including City; and WHEREAS, City's goals over the Term of this agreement for the Program include installation of approximately 152 residential Smart Timers, 21 commercial Smart Timers, and 32,264 rotating nozzles, verification of these installations, and monthly reporting as required by MWDOC; and WHEREAS, the Program's objectives are to reduce water consumption, reduce water runoff to storm drains and natural water bodies, and promote the goals of the Best Management Practices. AGREEMENT NOW, THEREFORE, MWDOC and City agree as follows: Reimbursement Funding: All reimbursements are conditioned on the submittal of timely reports and databases as required by this Agreement. Any incomplete or late reports by City will result in a loss of eligibility for Funding. All verified rotating nozzles up to City's target of 32,264 are eligible for Metropolitan rebate funding of up to $4 per verified rotating nozzle. All verified residential Smart Timer devices up to City's target of 152 are eligible for Metropolitan rebate funding of up to $80 per verified Smart Timer. All verified commercial Smart Timer devices up to City's target of 21 are eligible for Metropolitan rebate funding of up to $25 per station. Total reimbursements to City shall be based on actual invoices submitted to MWDOC in the approved reporting format. 2. City's Obligations: City shall be responsible for managing and administering the Program and ensuring that all necessary staffing, materials and administrative services are provided. In particular, City shall be responsible for: • Identifying and contracting with one or more competent installation contractors, as needed, to provide services to the Program. Establishing all procedures, participation criteria, and standards for the Program, except as expressly provided herein. • Selecting brands and types of residential and commercial Smart Timer(s) and rotating nozzle(s) that qualifies for Metropolitan rebate funding. • Working with MWDOC to establish Program specific guidelines, terms and conditions, and eligibility requirements for prospective Program participants. • Using the MWDOC-developed application document that lists all Program eligibility requirements, terms and conditions, and guidelines, and captures all data required to populate the Program's data -collection spreadsheet. • Developing and printing all marketing materials, forms and other documents required for the Program, other than the application developed by MWDOC as referenced above (City to print Program application). • Submitting, to MWDOC, all reports and databases in a format approved by MWDOC within time deadlines established by MWDOC. The deadlines established by MWDOC will be determined by Metropolitan's reporting requirements, and any incomplete or late reports by City will result in a loss of eligibility for Metropolitan funding. • Coordinating installation of the selected Smart Timers and rotating nozzles with the installation contractor(s) and the applicants, as necessary. • Providing quality control and installation verification for Smart Timers and rotating nozzles installed in connection with the Program. Quality control measures for such devices must be designed to ensure that materials and services meet requirements established by Metropolitan, which will be provided to City by MWDOC. • Submitting, to MWDOC, all final reports and databased on a timely basis and in the format approved by MWDOC. To obtain Smart Timer and rotating nozzle reimbursement from Metropolitan, final reporting must be submitted to MWDOC by May 30, 2014. Any incomplete or late reports by City will result in a loss of elgibilty for Metropolitan rebate funding. • Reporting all Program participation activity to MWDOC for all installation sites eligible for the Metropolitan Smart Timer and rotating nozzle incentive rates. City shall provide MWDOC with a participation package on a monthly basis for the previous month's activity. The participation package shall include a completed Excel spreadsheet showing Program activity (cumulatively and for the previous month), copies of the Program application, copies of water bills for the sites identified in the spreadsheets and applications, and invoices from City's installation contractor. Installation contractor invoices must follow a MWDOC-approved format that details all required Program information, including make, model, quantity, and pricing for installed devices. City shall use the Excel spreadsheet form provided by MWDOC. • Indemnifying and holding MWDOC, Metropolitan, Irvine Ranch Water District and any other funding agency harmless from all claims and damages that may arise in connection with the Program, as provided herein, and ensuring that the Program application requires a similar obligation of all participants, including the installation contractors. • Promptly refunding to MWDOC any amounts paid under the Program for installed Smart Timer(s) or rotating nozzle(s) in the event MWDOC or Metropolitan establishes via verification that the devices were not installed. 3. MWDOC's Obligations: MWDOC will be responsible for assisting City's administration of the Program and facilitating payments to City of rebate funding obtained from Metropolitan for installations of Smart Timers and rotating nozzles under the Program. MWDOC's responsibilities will include: • Reviewing and providing feedback to City on development of Program guidelines, terms and conditions, and eligibility requirements. • Providing City with an approved Program application. Program application shall be developed to state the Program's guidelines, terms and conditions, and eligibility requirements, and to capture all data required to populate the Program's required Excel spreadsheet. • Establishing the Program's reporting deliverables and formats, and establishing deadlines for submitting reports to MWDOC. As noted, failure to meet MWDOC's deadlines will result in a loss of eligibility for Metropolitan funding. • Forwarding monthly electronic and written reports of Program activity, prepared by City pursuant to MWDOC's specifications, to Metropolitan. • Invoicing Metropolitan for completed Smart Timer and rotating nozzle activity that occurred in the Program area. Upon receipt of payment from Metropolitan in the form of a credit on the MWDOC water bill, and receipt of payment from City for its water bill from MW DOC, MWDOC will issue either a rebate check to City or a credit to City's water bill. Form of payment to be at MWDOC's discretion. • Tracking availability of Metropolitan funding for the Program. Metropolitan's Smart Timer and rotating nozzle incentives will be offered on a first come, first served basis while funding lasts. If funding is exhausted or becomes unavailable for any reason, resulting in termination of this Agreement, MWDOC reimbursements will not be available for installations that occurred after funding was terminated. Metropolitan and MWDOC do not guarantee any minimum number of rebates or any minimum amount of rebate funding for City's service area. • MWDOC agrees to maintain the confidentiality of City customer names, addresses and other personal information gathered in connection with the Program. MWDOC will not cause or permit the disclosure of such information except as required by law or as needed to carry out the requirements of the Program. 4. Targeted Amounts: City's targeted amounts for the Program are 152 residential Smart Timers. 21 commercial Smart Timers, and 32,264 rotating nozzles. With the consent of MWDOC, these targeted amounts may be increased by City at a later date, subject to available funding, by signed written notice from City's Management to MWDOC's General Manager. 5. Indemnification: MWDOC and City each agrees individually and mutually to indemnify, defend at its own expense, including attorneys' fees, and hold each other harmless from and against all claims, costs, penalties, causes of action, demands, losses and liability of any nature whatsoever, including but not limited to liability for bodily injury, sickness, disease or death, property damage (including loss of use) or violation of law, caused by or arising out of or related to any negligent act, error or omission, or willful misconduct of that Party, its officers or employees, or any other agent acting pursuant to its control and performing under this Agreement. 6. Term: The Program shall commence on or about July 1, 2013 and continue until December 31, 2014, or until the targeted number of rebates has been exhausted, whichever occurs first ("Program Expiration"). 7. Early Termination: City may terminate this Agreement prior to the Program Expiration date, or prior to distribution of the maximum number of rebates for City'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 City'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 City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through the authorized officers on 10/'IS , 2013. MUNICIPAL WATER DISTRICT OF ORANGE COUNTY Robert J. Hunter, Gen I Manager Date: l 0 • ;>1 l - l,3 CITY OF NEWPORT BEACH Dave iff, City Manager Date: lD a] Leilani Brown, City Clerk ��. Date: '0.1j �� V <17�RN�P Approved as to Form N A-a'ron Harp, City Attorney Ii Date: Agreement Between City of Newport Beach and Municipal Water District of Orange County for the Newport Beach Runoff Reduction Program This Agreement is made by and between the Municipal Water District of Orange County ("MWDOC") and the City of Newport Beach ("City") for the Newport Beach Runoff Reduction Program ("Program") to be offered within City's boundaries, RECITALS WHEREAS, Metropolitan Water District of Southern California ("Metropolitan") provides rebate funding to encourage owners of single family residences and commercial properties to retrofit both (1) functioning irrigation timers still in use with "Smart Timers" that control the amount of water used based on weather and site conditions, and (2) high -precipitation, low -efficiency spray heads with low - precipitation, high -efficiency rotating nozzles, and WHEREAS, MWDOC, as a Metropolitan Member Agency, has access to this rebate funding on behalf of its retail agencies, including City, and WHEREAS, City's goals for the Program include installation of approximately 500 Smart Timers and 1,000 rotating nozzles, verification of these installations, and monthly reporting as required by MWDOC; and WHEREAS, the Program's objectives are to reduce water consumption, reduce water runoff to storm drains and natural water bodies, and promote the goals of the Best Management Practices. AGREEMENT NOW, THEREFORE, MWDOC and City agree as follows: 1. City's Obligations: City shall be responsible for managing and administering the Program and ensuring that all necessary staffing, materials and administrative services are provided. In particular, City shall be responsible for: • Identifying and contracting with one or more competent installation contractors, as needed, to provide services to the Program. • Establishing all procedures, participation criteria, and standards for the Program, except as expressly provided herein. • Selecting brands and types of residential and commercial Smart Timer(s) and rotating nozzle(s) that qualifies for Metropolitan rebate funding. • Working with MWDOC to establish Program specific guidelines, terms and conditions, and eligibility requirements for prospective Program participants. • Using the MWDOC-developed application document that lists all Program eligibility requirements, terms and conditions, and guidelines, and captures all data required to populate the Program's data -collection spreadsheet. • Developing and printi ng all marketing materials, forms and other documents required for the Program, other than the application developed by MWDOC as referenced above (City to print Program application). • Submitting all reports and databases in a format approved by MWDOC within time deadlines established by MWDOC. The deadlines established by MWDOC will be determined by Metropolitan's reporting requirements, and any incomplete or late reports by City will result in a loss of eligibility for Metropolitan funding. ® Coordinating installation of the selected Smart Timers and rotating nozzles with the installation contractor(s) and the applicants, as necessary. Providing quality control and installation verification for Smart Timers and rotating nozzles installed in connection with the Program. Quality control measures for such devices must be designed to ensure that materials and services meet requirements established by Metropolitan, which will be provided to City by MWDOC. Reporting all Program participation activity to MWDOC for all installation sites eligible for the Metropolitan Smart Timer and rotating nozzle incentive rates. City shall provide MWDOC with a participation package on a monthly basis for the previous month's activity. The participation package shall include a completed Excel spreadsheet showing Program activity (cumulatively and for the previous month), copies of the Program application, copies of water bills for the sites identified in the spreadsheets and applications, and invoices from City's installation contractor. Installation contractor invoices must follow a MWDOC-approved format that details all required Program information, including make, model, quantity, and pricing for installed devices. City shall use the Excel spreadsheet form provided by MWDOC. Indemnifying and holding MWDOC, Metropolitan, Irvine Ranch Water District and any other funding agency harmless from all claims and damages that may arise in connection with the Program, as provided herein, and ensuring that the Program application requires a similar obligation of all participants, including the installation contractors. Promptly refunding to MWDOC any amounts paid under the Program for installed Smart Timer(s) or rotating nozzle(s) in the event MWDOC or Metropolitan establishes via verification that the devices were not installed. MWDOC's Obligations: MWDOC will be responsible for assisting City's administration of the Program and facilitating payments to City of rebate funding obtained from Metropolitan for installations of Smart Timers and rotating nozzles under the Program. MWDOC's responsibilities will include: • Reviewing and providing feedback to City on development of Program guidelines, terms and conditions, and eligibility requirements. • Providing City with an approved Program application. Program application shall be developed to state the Program's guidelines, terms and conditions, and eligibility requirements, and to capture all data required to populate the Program's required Excel spreadsheet. • Establishing the Program's reporting deliverables and formats, and establishing deadlines for submitting reports to MWDOC. As noted, failure to meet MWDOC's deadlines will result in a loss of eligibility for Metropolitan funding. • Forwarding monthly electronic and written reports of Program activity, prepared by City pursuant to MWDOC's specifications, to Metropolitan. Invoicing Metropolitan for completed Smart Timer and rotating nozzle activity that occurred in the Program area and issuing a rebate check to City. Upon receipt of payment from Metropolitan in the form of a credit on the. MWDOC wafer bill, and receipt of payment from City for its water bill from MWDOC, MWDOC will issue a rebate check to City. Tracking availability of Metropolitan funding for the Program. Metropolitan's Smart dimer and rotating nozzle incentives will be offered on a first come, first served basis while funding lasts. If funding is exhausted or becomes unavailable for any reason, resulting in termination of this Agreement, MWDOC reimbursements will riot be available for installations that occurred after funding was terminated. Metropolitan and M WDOC do not guarantee any minimum number of rebates or any minimum amount of rebate funding for City's service area. • MWDOC agrees to maintain the confidentiality of City customer names, addresses and other personal information gathered in connection with the Program. MWDOC will not cause or permit the disclosure of such information except as required by law or as needed to carry out the requirements of the Program. 4. Indemnification: MWDOC and City each agrees individually and mutually to indemnify, defend at its own expense, including attorneys' fees, and hold each other harmless from and against all claims, costs, penalties, causes of action, demands, losses and liability of any nature whatsoever, including but not limited to liability for bodily injury, sickness, disease or death, property damage (including loss of use) or violation of law, caused by or arising out of or related to any negligent act, error or omission, or willful misconduct of that Party, its officers or employees, or any other agent acting pu rsuant to its control and performing under this Agreement. 5. Term: The Program shall commence on or about September 1, 2011 and continue until December 31, 2013, or until the targeted number of rebates has been exhausted, whichever occurs first ("Program Expiration"). 6. Early Termination: City may terminate this Agreement prior to the Program Expiration date, or prior to distribution of the maximum number of rebates for City'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 City'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 City. 7. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through the authorized officers on ✓v^InC ✓ r:Z, 2011. MUNICIPAL WATER DIS RICT OF OR N ECOLINTA i( Kev n P. Hunt, General Manager Approved as to Form Kidman, Behrens & T Russell G. Behrens Daniel J. Payne Legal Counsel CITY OF NEWPORT BEACH is . D Kiff, Cit Mattayer Approved as to Form S on Harp, Ciiy Attorrfdf % AtteaC LI FD CI Clark