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HomeMy WebLinkAboutC-6228 - Water Conservation Participation AgreementAddendum 2A FYS 20-22 Residential Program �J Participant Agency Supplemental Funding Authorization (as of July 2021) Page 1 of 2 v This Addendum is intended to cover a two-year period beginning Fiscal Year 2020/21 through Fiscal Year 2021/2022 or until a new Addendum 2A is submitted by Participant Agency and approved by MWDOC. End Date cannot exceed June 30, 2022. Not allowed Regional Incentive Program in Participant Participant Agency Metropolitan Agency Total Authorized Service Area Incentive Incentive Incentive Funding High Efficiency Clothes Washer (HECW) ❑ $85 $ $ $ 0.00 Premium High Efficiency Toilet (PNET) 4 Liter (Single-family) ❑ $40 $ $ $ 0.00 Rotating Nozzles (Minimum 30 per home) ❑ $2 $ $ $ 0.00 Rain Barrel (Maximum 2 per home) ❑ $35 $ $ $ 0.00 Cistern (200-500 gallons) ❑ $250 $ $ $ 0.00 Cistern (501-999 gallons) ❑ $300 $ $ $ 0.00 Cistern (1,000+ gallons) ❑ $350 $ $ $ 0.00 Flow Monitoring Device — Meter attached Device (Flume) $100 $0.00 Flow Monitoring Device — All other devices ❑ $100 $0.00 $125/$250 Pre -1994 Premium High Efficiency Toilet ❑ depending on N/A N/A N/A For multifamily properties of 4 units or less existing gpf Select Check here ❑ if the supplemental incentives are flat regardless of actual device cost one: Check here ❑ if the supplemental incentives are limited to the actual device cost (Actual device cost is the retail price of the device excluding tax, shipping, labor or other charges) ❑ If Participant Agency has complex or more detailed requirements, please check this box, sign this form and attach a spreadsheet or other documentation showing funding details. ❑ To STOP any or all Supplemental Funding, please check this box, sign form, and submit to MWDOC. Participant Agency Name City of Newport Reach Authorized Funding $ Add/Subtract Additional Funds' $ Total Authorized Funding $ $0.00 Start Date: End Date: Addendum 2A FYS 20-22 Residential Program Participant Agency Supplemental Funding Authorization (as of July 2021) Page 2 of 2 Attest: Lei!eni I. Bff Wn, V IC, City Clerk l/f this is not the first form this fiscal year, indicate amount of funding being added or subtracted. This funding authorization is effective only for the period designated by the Participant Agency above, or until a new authorization is approved and implemented by Metropolitan's vendor. Each form submitted shall include the total authorization of the Agency for the specified time period. No funds will be carried over from prior forms. Supplemental funding forms received by MWDOC by the 15" of a month will be sent to Metropolitan by the 201h of a month. Funding forms received by Metropolitan by the 20th of a month shall become effective on the first day of the following month unless a later Start Date is specified. Incentives will not be applied retroactively. Participant Agency is obligated to pay supplemental funding for any on-line commitments/applications made while this authorization is in effect, even if final payment for these commitments is/are due after the End Date specified. By signing, Participant Agency agrees to these terms. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE SEP 21 2021 Fty. Grace Xeung, City Manager Date Aaron C. Harp, City Attey MWD3C Use Only: Date received: Approved by Date sent to Metropolitan: Comments: Attest: Lei!eni I. Bff Wn, V IC, City Clerk Addendum 2B FYS 20-22 CII Program Participant Agency Supplemental Funding Authorization (as of July 2021) (Page 1 of 2) This Addendum is intended to cover a two-year period beginning Fiscal Year 2020/21 through Fiscal Year 2021/2022 or until a new Addendum 2B is submitted by Participant Agency and approved by MWDOC. End Date cannot exceed June 30, 2022. Not allowed Total Authorized Regional Incentive Program in Participant Metropolitan Participant Agency Incentive Funding Agency Incentive Incentive Service Area Plumbing Flow Control Valve $5 per valve $ $ 0.00 ❑ $10 per Laminar Flow Restrictors Restrictor $ $ 0.00 Commercial Premium HET $40 $ $ 0.00 El Multi -Family Premium HET $40 $ $ 0.00 El Zero Water Urinals (ZWU) $200 $ $ 0.00 Ultra Low Water Urinal (ULWU) $200 $ $ 0.00 Large Rotary Nozzles $13 per Set $ $ 0.00 Rotating Nozzles for Pop-up Spray Heads Retrofits $2 per Nozzle $ $ 0.00 ❑ $1 per In -Stem Flow Regulator Regulator $ $ 0.00 pH -Cooling Tower Controller (pH -CTC) $1,750 $ $ 0.00 Cooling Tower Conductivity Controller (CTCC) $625 $ $ 0.00 ❑ $125 per 0.5 Dry Vacuum Pump HP $ $ 0.00 ❑ $485 per Connectionless Food Steamers compartment $ $ 0.00 El Ice -Making Machines $1,000 $ $ 0.00 ❑ $125/$250 N/A N/A N/A Pre -1994 Premium High Efficiency Toilet depending on For multifamily properties existing gpf ❑ if the supplemental incentives are flat regardless of actual device cost FAd Select one: ❑if the supplemental incentives are limited to the actual device cost ice cost is the retail price of the device excluding tax, shipping, labor or other charges) ❑ If Participant Agency has complex or more detailed requirements, please check this box, sign this form and attach a spreadsheet or other documentation showing funding details. Addendum 213 FYS 20-22 CII Program Participant Agency Supplemental Funding Authorization (as of July 2021) (Page 2 of 2) ❑ To STOP any or all Supplemental Funding, please check this box, sign form, and submit to MWDOC Participant Agency Name City of Newport Beach Authorized Funding $ Add/Subtract Additional Funds' $ Total Authorized Funding $ 0.00 Start Date: End Date: 1. If this is not the first form for this fiscal year, indicate amount of funding being added or subtracted This funding authorization is effective only for the period designated by the Participant Agency, or until a new authorization is approved and implemented by Metropolitan's vendor. Each form submitted shall include the total authorization of the Agency for the specified time period. No funds will be carried over from prior forms. Supplemental funding forms received by MWDOC by the 15th of a month will be sent to Metropolitan by the 20th of a month. Funding forms received by Metropolitan by the 20th of a month shall become effective on the first day of the following month unless a later Start Date is specified. Incentives will not be applied retroactively. Participant Agency is obligated to pay supplemental funding for any on-line commitments/applications made while this authorization is in effect, even if final payment for these commitments is/are due after the End Date specified. APPROVED AS TO FORM: By signing, Participant Agency agrees to these terms. CITY ATTORNEY'$ OFFICEnn.. nn Participant Agency City of Newport Beach Aaron C. Harp, City Attorney SEP 21 2021 Graceung, City Manager Date For MWDOC Use Only Date received: Approved by: Date sent to Metropolitan, if applicable: Comments: Attest: r Leilani . Browr3, MC, City Clerk Date: "`' 9,7. 4A 1 Addendum 313 FY 21-22 Turf Removal Rebate Program Participant Agency Participation Authorization (as of July 2021) Page 1 of 5 Election to Participate/Not Participate in Turf Removal Rebate Program. Participant Agency understands that all Turf Removal Program project areas must be designed to capture rainfall through infiltration or on-site storage in order for an applicant to receive rebate funds from Metropolitan and/or MWDOC for a Turf Removal Rebate Program project. The guidelines for both residential and commercial/public agency properties are set forth in their entirety in the MWDOC Inspection and Verification Procedures Manual, which Manual was made a part of this Agreement pursuant to the First Amendment, and is amended from time to time. By checking the box below, City of Newport Beach Name of Participant Agency hereby acknowledges that they have read and understood the Inspection and Verification Procedures Manual and elects to either: NOT PARTICIPATE in the Turf Removal Rebate Program ❑ or PARTICIPATE in the Turf Removal Rebate Program Residential/Commercial/Public Agency 0 Residential ❑x Commercial x❑ Public Agency x❑ Allow Recycled Water Sites to Participate ❑x ❑ Yes No Site Inspections — Commercial/Public Agency Sites. For commercial/public agency sites/applications that will receive Metropolitan funding, all mandatory on-site pre -turf and post -turf removal verifications/inspections will be conducted by Metropolitan's installation verification/inspection contractor at no cost to Participant Agency. Site Inspections — Residential Sites; Election by Participant. For residential sites/applications, Participant Agency must conduct mandatory pre -turf and post -turf removal verifications/inspections on 100% of the participating residential sites in its service area, as described in Amendment 1 to the Water Conservation Participation Agreement and the MWDOC Inspection and Verification Procedures Manual, as amended from time to time. Pre -turf removal inspections (Pre -Inspection) may be conducted aerially using GIS or equivalent software or in person, on-site. MWDOC reserves the right to require an on-site Pre -Inspection in the event an aerial review is not possible due to obstructions (tree coverage), or inconclusive. All post -turf removal inspections (Post -Inspection) must be Addendum 313 FY 21-22 Turf Removal Rebate Program Participant Agency Participation Authorization (as of July 2021) Page 2 of 5 conducted in person, on-site. Participant Agency may elect to: (1) conduct its own Pre- and Post -Inspections by utilizing its in-house staff; (2) contract with a third party inspector of its choice to conduct the Pre- and Post -Inspections; or (3) utilize MWDOC's installation verification/inspection contractor to conduct the Pre- and Post -Inspections. Current fees charged by MWDOC's installation verification/inspection contractor are set forth in Table 1 below, but may be revised from time to time: Table 1 Installation Verification and Data Collection Fee Structure Contractor Residential Commercial Administrative Per Mileage WBICs, HENs, WBICs, HENs, Duties Charge Spray -to -Drip, Spray -to -Drip, (Commercial and Turf and Turf Removal Only) Removal Single Device - Mission $95.00 / Visit $59.00 / hour $28.00/hour $0.55 / Mile Resource Two Devices - Conservation $143.00 / Visit District (MRCD) Three Devices — $238.00 / Visit Participant Agency understands and agrees that if Participant Agency utilizes MWDOC's installation verification/inspection contractor, Participant Agency must still comply with all of the requirements of the Water Conservation Participation Agreement and all Amendments thereto, including the refund requirements in Section 6. Participant Agency further understands that MWDOC is in no way liable or responsible for the acts or omissions of such contractor and makes no representations or warranties regarding the quality of such contractor's work. Participant Agency's sole recourse as to any action, claims, or damages arising out of the acts or omissions of MWDOC's installation verification/inspection contractor is with the contractor and not with MWDOC. By acknowledging below, City of Newport Beach hereby elects to (choose one option below): Name of Participant Agency (1) Conduct its own inspections: Initial Here Pre -Inspections will be performed via: ❑ ❑ Aerial On-site If Aerial, software to be used is: Addendum 3B FY 21-22 Turf Removal Rebate Program Participant Agency Participation Authorization (as of July 2021) Page 3 of 5 (2) Contract with its own third -party inspector: Name of Third -Party Inspector Pre -Inspections will be performed via: ❑ ❑ Aerial On-site SB Initial Here If Aerial, software to be used is: (3) Utilize MWDOC's installation verification/inspection SB contractor and agree to be billed monthly for previous Initial Here month's inspections: Pre -Inspections will be performed via: 11 0 Aerial On-site If Aerial, software to be used is: An Authorized Representative(s) of Participant Agency must approve all Pre- and Post - Inspection work orders, whether conducted by Participant Agency, Participant Agency's third - party contractor, or MWDOC's installation verification/inspection contractor. Participant Agency shall designate its Authorized Representative(s) by completing Table 2 below. All Authorized Representative(s) identified in Table 2 must have signing authority with Participant Agency to certify that all information contained in the Pre- and Post -Inspection work orders is true and correct and to approve all rebate funding amounts. It is the responsibility of the Participant Agency's Authorized Representative(s) to access the Droplet online portal weekly to approve all verification/inspection work orders and provide the approved work orders to MWDOC. /// Addendum 3B FY 21-22 Turf Removal Rebate Program Participant Agency Participation Authorization (as of July 2021) Page 4 of 5 Table 2 Designation by Participant Agency of Authorized Representative(s) Name Title Email Phone Shane Burckle Watershed/Conservation Specialist 949-644-3214 Square Foot of Turf Removed Residential Turf Removal (Limit of 1 $ /sf. Start Date application per home per year) ❑ Yes ® No Maximum of 5,000/sf per home per fiscal year Commercial Turf Removal (Limit of /sf. Start Date 1 application per water meter per year) ❑ Yes ® No Maximum of 50,000/sf per water meter per fiscal year Public Agency Turf Removal (Limit Election to Provide Supplemental Funding. Participant Agency has the option to provide supplemental funding to customers in its service area to further incentivize participation in the Turf Removal Rebate Program. Table 3 below indicates Participant Agency's election to provide or not provide supplemental funding for turf removal rebate incentives. Participant Agency acknowledges that it is responsible for managing its own supplemental rebate funding budget via the Droplet online portal. MWDOC will not be tracking the expenditure of Participant Agency's funding. Table 3 Turf Removal Rebate Supplemental Funding Turf Removal Rebate Participant Agency Participant Agency Supplemental Providing Supplemental Rebate Funding Amount per Rebate Funding (x) Square Foot of Turf Removed Residential Turf Removal (Limit of 1 $ /sf. Start Date application per home per year) ❑ Yes ® No Maximum of 5,000/sf per home per fiscal year Commercial Turf Removal (Limit of /sf. Start Date 1 application per water meter per year) ❑ Yes ® No Maximum of 50,000/sf per water meter per fiscal year Public Agency Turf Removal (Limit $ /sf. Start of 1 application per water meter per Date year) ❑ Yes 2 No Maximum of 50,000/sf per water meter per fiscal year Addendum 313 FY 21-22 Turf Removal Rebate Program Participant Agency Participation Authorization (as of July 2021) Page 5 of 5 By signing below, Participant Agency understands that it is obligated to pay any supplemental rebate funding amounts and/or MWDOC installation verification/inspection contractor fees, if utilizing MWDOC's contractor, for any applications initiated during the term of this Addendum 313, regardless of when the project is completed and the rebate check is issued. This funding authorization is effective for applications received by MWDOC on or after July 1, 2021 and continues through June 30, 2022 or until a replacement Addendum is approved and implemented by MWDOC, whichever comes first. All invoicing shall be pursuant to the terms of the Water Conservation Participation Agreement. Incentives may not be applied retroactively. This funding authorization is effective only for the designated period or until a new authorization is received and approved by MWDOC. Each form submitted shall include the total authorization of the Agency for the specified time period. Supplemental funding forms received by MWDOC by the 15th of a month shall become effective on the first day of the following month unless a later Start Date is specified. APPROVED AS TO FORM: By signing, Participant Agency agrees to these terms. PARTICIPANT AGENCY City of Newport Beach Man Date received: Comments: CITY ATTORNEY'S OFFICE ST. J'/- , -Cv Aaron C. Harp, City Attorney �AW & I.C{ Date Approved by Attest: r Leilani 1. Brown, MMC, City Clerk Date: ���� Addendum 3C FY 21-22 Spray to Drip Irrigation Rebate Program Participant Agency Participation Authorization (as of July 2021) Page 1 of 5 Election to Participate/Not Participate in Spray to Drip Irrigation Rebate Program. By checking the box below, City of Newport Beach Name of Participant Agency hereby elects to either: NOT PARTICIPATE in the Spray to Drip Irrigation Rebate Program ❑ or PARTICIPATE in the Spray to Drip Irrigation Rebate Program Residential/Commercial/Public Agency ❑ Residential Only Commercial Only ❑ Public Agency Only ❑ Allow Recycled Water Sites to Participate ❑ ❑ Yes No Site Inspection; Election by Participant. Participant Agency must conduct mandatory pre - drip and post -drip conversion verifications/inspections on 100% of the participating residential, commercial, and public agency sites in its service area, as described in Amendment 1 to the Water Conservation Participation Agreement and the MWDOC Inspection and Verification Procedures Manual, as amended from time to time. Pre -drip conversion inspections (Pre -Inspection) may be conducted aerially using GIS or equivalent software or in person, on-site. MWDOC reserves the right to require an on-site Pre -Inspection in the event an aerial review is not possible due to obstructions (tree coverage), or inconclusive. All post -drip conversion inspections (Post -Inspection) must be conducted in person, on-site. Participant Agency may elect to: (1) conduct its own Pre- and Post - Inspections by utilizing its in-house staff; (2) contract with a third party inspector of its choice to conduct the Pre- and Post -Inspections; or (3) utilize MWDOC's installation verification/inspection contractor to conduct the Pre- and Post -Inspections. Current fees charged by MWDOC's verification/inspection contractor are set forth below in Table 1 below, but may be revised from time to time: Addendum 3C FY 21-22 Spray to Drip Irrigation Rebate Program Participant Agency Participation Authorization (as of July 2021) Page 2 of 5 Table 1 Installation Verification and Data Collection Fee Structure Consultant Residential Commercial Administrative Per Mileage WBICs, HENs, WBICs, HENs, Duties Charge Spray -to -Drip, Spray -to -Drip, (Commercial and Turf and Turf Removal Only) Removal Single Device - Mission $95.00 / Visit $59.00 / hour $28.00/hour $0.55 / Mile Resource Two Devices - Conservation $143.00 / Visit District (MRCD) Three Devices — $238.00 / Visit Participant Agency understands and agrees that if Participant Agency utilizes MWDOC's verification/inspection contractor, Participant Agency must still comply with all of the requirements of the Water Conservation Participation Agreement and all Amendments thereto, including the refund requirements in Section 6. Participant Agency further understands that MWDOC is in no way liable or responsible for the acts or omissions of such contractor and makes no representations or warranties regarding the quality of such contractor's work. Participant Agency's sole recourse as to any action, claims or damages arising out of the acts or omissions of MWDOC's verification/inspection contractor is with the contractor and not with MWDOC. By acknowledging below, one option below): City of Newport Beach Name of Participant Agency (1) Conduct its own inspections: Pre -Inspections will be performed via: ❑ ❑ Aerial On-site If Aerial, software to be used is: /// hereby elects to (choose Initial Here Addendum 3C FY 21-22 Spray to Drip Irrigation Rebate Program Participant Agency Participation Authorization (as of July 2021) Page 3 of 5 (2) Contract with its own third -party inspector: Initial Here Name of Third -Party Inspector Pre -inspections will be performed via: E2 ❑ Aerial On-site If Aerial, software to be used is: (3) Utilize MWDOC's installation verification/inspection SB contractor and agree to be billed monthly for previous Initial Here month's inspections: Pre -Inspections will be performed via: 11 0 Aerial On-site If Aerial, software to be used is: An Authorized Representative(s) of Participant Agency must approve all pre -drip and post - drip conversion verifications and/or inspection work orders, whether conducted by Participant Agency, a third -party vendor, or MWDOC's inspection contractor. Participant Agency shall designate its Authorized Representative(s) by completing Table 2 below. All Authorized Representative(s) identified in Table 2 must have signing authority with Participant Agency to certify that all information contained in the pre -drip and post -drip conversion verification/inspection work orders is true and correct and to approve all rebate funding amounts. It is the responsibility of the Participant Agency's Authorized Representative(s) to access the Droplet online portal weekly to approve all verification/inspection work orders and provide the approved work orders to MWDOC. /// /// Addendum 3C FY 21-22 Spray to Drip Irrigation Rebate Program Participant Agency Participation Authorization (as of July 2021) Page 4 of 5 Table 2 Designation by Participant Agency of Authorized Representative(s) Name Title Email Phone Shane Burckle Watershed/Conservation S eci list 949-644-3214 of Spray to Drip Conversion Area Residential Spray to Drip ❑ Yes ® No $ Isf. Start Date (Maximum of 5,000 sf of converted area per fiscal ear Commercial Spray to Drip $ /sf. Start Date ❑ Yes ® No (Maximum of 50,000 sf of converted area per customer per fiscal year) Election to Provide Supplemental Funding. Participant Agency has the option to provide supplemental funding to customers in its service area to further incentivize participation in the Spray to Drip Irrigation Rebate Program. Table 3 below indicates Participant Agency's election to provide or not provide supplemental funding for spray to drip irrigation rebate incentives. Participant Agency acknowledges that it is responsible for managing its own rebate funding budget via the Droplet online portal. MWDOC will not be tracking the expenditure of Participant Agency's funding. Table 3 Spray to Drip Irrigation Rebate Supplemental Funding Participant Agency Providing Participant Agency Supplemental Spray to Drip Rebate Supplemental Funding Funding Amount per Square Foot (x) of Spray to Drip Conversion Area Residential Spray to Drip ❑ Yes ® No $ Isf. Start Date (Maximum of 5,000 sf of converted area per fiscal ear Commercial Spray to Drip $ /sf. Start Date ❑ Yes ® No (Maximum of 50,000 sf of converted area per customer per fiscal year) Addendum 3C FY 21-22 Spray to Drip Irrigation Rebate Program Participant Agency Participation Authorization (as of July 2021) Page 5 of 5 Public Agency Spray to Drip $ /sf. Start Date ❑ Yes 9 No (Maximum of 50,000 sf of converted area per customer per fiscal year) By signing below, Participant Agency understands that it is obligated to pay any supplemental rebate funding amounts and vendor inspection fees, if selected, for any applications initiated during the term of this Addendum 3C, regardless of when the project is completed and the rebate check is issued. This funding authorization is effective for applications received by MWDOC on or after July 1, 2021 and continues through June 30, 2022 or until a replacement Addendum is approved and implemented by IVIWDOC, whichever comes first. All invoicing shall be pursuant to the terms of the Water Conservation Participation Agreement. Incentives may not be applied retroactively. This funding authorization is effective only for the designated period or until a new authorization is received and approved by MWDOC. Each form submitted shall include the total authorization of the Agency for the specified time period. Supplemental funding forms received by MWDOC by the 15th of a month shall become effective on the first day of the following month unless a later Start Date is specified. APPROVED AS TO FORM: By signing, Participant Agency agrees to these terms. CITY ATTORNEY'S OFFICE PARTICIPANT AGENCY City of Newport Beach Aaron C. Harp, City Attorney Date received: Comments: SEP 21 2021 Date Approved by Attest: Leilani 1. Brown, M C, City Clerk Date. �• �,1. 1 k. w VJ"J 5.A. Addendum 3D to Water Conservation Participation Agreement FY 21-22 Dedicated Irrigation Meters Measurement Program Participant Agency Election and Authorization (as of July 2021) Page 1 of 7 Program Overview. State legislation signed by the Governor in 2018 — Assembly Bill (AB) 1668 and Senate Bill (SB) 606, also known as known as The Conservation Framework requires each Urban Water Supplier to calculate and report their Urban Water Use Objective by January 1, 2024, and to stay within their calculated annual water budget. The Urban Water Use Objective is an estimate of aggregate efficient water use based on: • Indoor Residential Use (population x gpcd standard); • Outdoor Residential Use (based on measurements of irrigated and irrigable area and local weather data); • Outdoor Use with Dedicated Irrigation Meters (based on irrigated and irrigable area and local weather data); • Distribution System Water Losses; • Approved Variances; and • Potable Reuse Bonus. Although the Department of Water Resources (DWR) will provide residential outdoor landscape measurements, Urban Water Suppliers are responsible for measuring landscape that is irrigated and irrigable by dedicated irrigation meters. As a way to provide assistance to MWDOC member Urban Water Suppliers (hereafter Participant Agency or Participant Agencies), MWDOC has entered into an Agreement with Quantum Spatial, Inc., (Quantum) and arranged for Metropolitan funding and Santa Ana Watershed Project Authority (SAWPA) funding, where applicable, to provide landscape area measurements associated with dedicated irrigation meters (the Program), which may include the creation of water efficiency budgets for dedicated landscape meter customers. There are two main methods for capturing landscape areas: (1) remote measurement; and (2) in -field measurement. The remote method includes Quantum using 3", 4 -band aerial imagery to map and measure irrigated and irrigable areas. The in -field method involves sending field crews to the site to obtain information necessary to measure the landscape area. A third option may be available, which includes utilizing statistical methods to create estimated area measurements. This could be utilized in a situation where customer contact is imperative, yet the site is unresponsive. All methodologies will result in irrigated and irrigable area measurements, following DWR's classification methodology as closely as possible. The area analysis (corrected for slope at slopes steeper than 15 degrees) will occur using GIS software once the irrigation areas, as mapped in the final database, are confirmed as final. A summary of Quantum's approach to mapping irrigated and irrigable areas for a meter service area using remotely sensed data, field verification, or statistical methodologies (Services) is set forth below. Remotely Sensed Mapping Approach: The imagery source used for this project will be MWDOC-provided 3", 4 -band imagery flown in Summer/Fall of 2020. If for any reason this imagery is unable to be used, MWDOC will direct Quantum which source to use in its place. Quantum will define the meter service area and meter location, if the Participant Agency does not already have current data available. Quantum will run Quantum proprietary landscape area Addendum 3D to Water Conservation Participation Agreement FY 21-22 Dedicated Irrigation Meters Measurement Program Participant Agency Election and Authorization (as of July 2021) Page 2 of 7 mapping models across each customer's meter service area. With this as the starting point for the irrigated and irrigable areas, Quantum will then `heads -up' digitize to correct for any anomalies in the modeled output. Once a draft of the irrigation areas is complete, Quantum will schedule an online review session with each dedicated irrigation meter customer. Prior to the meeting, Quantum will send a series of maps to the customer (or GIS files if the customer can utilize them) to allow for review of the data prior to the collaborative meeting. During the web meeting, Quantum mapping technicians will share their screens and interactively walk through any requested and required edits with the customer. Once finalized, Quantum will receive formal sign off that the working session has concluded in an acceptable final product. Quantum will log the date, time, and customer name in the database records so there is a metadata trail showing that the review meeting occurred, and that the data were approved. It is possible that the end customer will not respond to the project requests and, under those circumstances, the Participant Agency or MWDOC (if directed by Participant Agency) can sign off on the classification and delineation. In -Field Mapping Approach: If field mapping of irrigated and irrigable areas is deemed necessary for any customer, Quantum will employ the use of the WaterviewCIITM field mapping application to capture key features and georeferenced locations of the meter, service area boundary, and areas of irrigated and irrigable areas. The WaterViewCIITm Field App developed by Eagle Aerial Solutions gives the user the ability to work in the field to accurately identify CII water meters, geolocate the meters, classify the meter type, and help measure the irrigated area that the individual meters serve by drawing a polygon corresponding to the observed coverage area served by that meter. The data can be seamlessly integrated into the WaterViewCIITM software solution, described below, or exported for use in other GIS environments. Working closely with the customer, Quantum field staff will walk the property with the GPS - enabled tablet and mark the boundaries using the field mapping application. After the extent of the irrigated and irrigable area has been defined in the field and marked on the application, the field crew will upload the file to Quantum's internally shared database location. Once loaded, Quantum in -office mapping technicians will finalize the mapping of the irrigated and irrigable areas with the field -collected information. This will be achieved by the dedicated irrigation customer via the same screen sharing conference call process outlined in the above. When appropriate, the Participant Agency or MWDOC (if directed by Participant Agency) can approve for the customer. Statistical Mapping Approach: The statistical mapping approach will be used, with Participant Agency permission, under the conditions where there is no response from the customer and an inability to verify the meter boundary, either in the field or remotely. Under these conditions, Quantum will use the MWDOC-provided 3", 4 -band imagery flown in Summer/Fall of 2020 as described above to derive the landscape area of the customer's parcel. Utilizing the best available boundary information, Quantum will create a map of the irrigated landscape area. Then using water use information provided by the Participant Agency via MWDOC, Quantum will assign water use rates to each landscape unit based on information gathered from adjacent mapped parcels. The meter area boundary will be incrementally Addendum 3D to Water Conservation Participation Agreement FY 21-22 Dedicated Irrigation Meters Measurement Program Participant Agency Election and Authorization (as of July 2021) Page 3 of 7 adjusted using a series of logical steps until the actual water use recorded for the meter matches within 5% of the landscape area multiplied by the derived water use rates. These estimated areas and boundaries will be provided to MWDOC for sign off prior to completion. This approach will not be utilized unless agreed to by the Participant Agency or MWDOC (if directed by Participant Agency). It should be noted that the meter service point for this estimate will be approximate and will be based on information provided by the Participant Agency and not the customer. Optional Service: Calculating Water Budgets Quantum will provide water efficiency budget calculations for the customers included in this project when specified by MWDOC for a specific Participant Agency or Participant Agency customer(s). The water budget will be calculated using the formula below and updated periodically with data from local CIMIS stations. Quantum's intent for the water budget is to mimic the aggregate outdoor water use budget recommended by DWR/SWRCB and adopted by the legislature. The formula set forth below (Water Budget Equation) is the current recommendation, but may be subject to change at MWDOC's request, to best fit with Conservation Framework methodology. This Water Budget Equation may also be adjusted per MWDOC approval and/or request by the Participant Agency. (H + B) x ETAFii x (0.62) x (ETo — Pef f) = Water Budget Where: II = Irrigated Area ETAFii = Evapotranspiration adjustment factor for Irrigated Area (TBD; note, areas irrigated with recycled water may be assigned a different ETAF) INI = irrigable area (not currently irrigated) ETo = Reference evapotranspiration Peff = Effective precipitation B = Buffer Step 1: B= 0 Step 2:B=pxlNI P= .20 There are two potential options for calculating water budgets: (1) the fee-based WaterView Portal - Eagle Aerial's designed application to manage this data and estimate water budgets, as well as provide analytical tools that districts can use to compare actual water use against estimated budgets; or (2) a no -cost Excel Model based approach, which involves the export of the landscape area for each parcel into an excel sheet and the modeling of the water budget using CIMIS data and the Water Budget Equation. This deliverable will include the data points needed for budget calculation such as CIMIS station, landscape area. The estimate will be based on a snapshot of daily ETo (as opposed to updated ETo data over time included in the WaterView Portal), summarized into monthly summaries. Addendum 3D to Water Conservation Participation Agreement FY 21-22 Dedicated Irrigation Meters Measurement Program Participant Agency Election and Authorization (as of July 2021) Page 4 of 7 In order to access Quantum's Services through MWDOC, Participant agency must complete and sign this Addendum 3D, sign and return the attached Non -Disclosure Agreement, and provide upfront co -funding as set forth below. Election to Participate in Dedicated Irrigation Meters Measurement Program. By checking the box below, City of Newport Beach hereby Name of Participant Agency elects to participate in the Program. Election to Participate in Dedicated Irrigation Meter Measurement Program Participant Agency Obligations. As a condition of participation, Participant Agency understands and agrees to the following: Participant Agency will use reasonable efforts to assist MWDOC and Quantum with customer outreach within the Participant Agency's service area. Participant Agency will provide Quantum with an executed copy of Quantum's Non - Disclosure Agreement, customer billing service data for Participant Agency's selected dedicated irrigation meter accounts and, if available, other customer information such as assessor parcel numbers, GIS files, and/or NAIC codes. Based on the number of customers selected by Participant Agency for inclusion in the Program and the methods of measurement, providing MWDOC with upfront co -funding prior to the Program commencing in Participant Agency's service area. Participant Agency Co -Funding. Participant Agency agrees to provide co -funding for the Program in the amounts specified in the Tables below. Co -funding will be provided on a per Customer basis up to the Not to Exceed funding limit. Participant Agency understands that cost calculations are based on the best available information and are subject to change: Addendum 3D to Water Conservation Participation Agreement FY 21-22 Dedicated Irrigation Meters Measurement Program Participant Agency Election and Authorization (as of July 2021) Page 5 of 7 Table 1 *Customer is defined as one billing customer with one or more meter(s) that may irrigate one or more parcels, which are adjacent or within a spatially related area or premise (e.g. Master Association) **SAWPA funding is available only to those agencies located within the Santa Ana River watershed. Table 2 Optional Waterview CII Database Viewer Platform Category MWDOC Cost Share Participant Methodology Cost per MET SAWPA Quantity of Quantity of Not to Exceed Customer* Funding Funding Agency Agency Funding Limit Optional 2022 PER Customers Meters For Fiscal Year Flat Fee Per $10,560 METER** �4 2021-2022 Remote $258.33 $85.00 $10.50 62 193 $ 8719.96 Measurement Flat Fee + ($33x Cost per customer $33/customer (per water Field $465.52 $85.00 $10.50 26 73 $ 9127.02 Measurement Statistical $131.49 $65.75 $10.50 5 14 $181.70 Measurement *Customer is defined as one billing customer with one or more meter(s) that may irrigate one or more parcels, which are adjacent or within a spatially related area or premise (e.g. Master Association) **SAWPA funding is available only to those agencies located within the Santa Ana River watershed. Table 2 Optional Waterview CII Database Viewer Platform Category Cost Participant Number of Not to Exceed Agency Customers Funding Limit For Enrolling in Fiscal Year 2021 - Optional 2022 Platform (x) Flat Fee Per $10,560 �4 Retail Water D Yes Agency 0 No � . Flat Fee + ($33x Cost per customer $33/customer (per water No. of Customers) agency) Addendum 31) to Water Conservation Participation Agreement FY 21-22 Dedicated Irrigation Meters Measurement Program Participant Agency Election and Authorization (as of July 2021) Page 6 of 7 By signing below, Participant Agency understands that this is an addendum to the Water Conservation Participation Agreement between MWDOC and Participating Agency and that Participating Agency is bound by the terms and conditions of that Agreement. Addendum 3D is a MWDOC Administered Program as described in the Agreement. Participant Agency also understands and agrees that it is obligated to pay any co -funding amounts and/or optional Platform or Calculation fees, for any Services initiated during the term of this Addendum 3D, regardless of when the Service is completed. This Addendum and funding authorization is effective as of the date signed below and continues through June 30, 2022 or until a replacement Addendum is approved and implemented by MWDOC, whichever comes first. All Program conditions and invoicing shall be pursuant to the terms of the Water Conservation Participation Agreement. Each form submitted shall include the total authorization of the Agency for the specified time period. APPROVED AS TO FORM: By signing, Participant Agency agrees to these terms. CITY ATf RNEY'S OFFICE Participant Agency City of Newport Beach on C. r Ity Attorney SEP 21 2021 Zy Grace . Leung, City Manager V Date Date rceived: Approved by Comments: Attest: c Leileni 1. Brown, M,IM , City Clerk Date: "l. U a NL' -O R tN%P Addendum 3D to Water Conservation Participation Agreement FY 21-22 Dedicated Irrigation Meters Measurement Program Participant Agency Election and Authorization (as of July 2021) Page 7 of 7 ORANGE COUNTY DATA ACQUISITION PARTNERSHIP (OCDAP) AUTHORIZED USER CONFIDENTIALITY AND NON -DISCLOSURE AGREEMENT This ORANGE COUNTY DATA ACQUISITION PARTNERSHIP ("OCDAP") AUTHORIZED USER CONFIDENTIALITY AND NON -DISCLOSURE AGREEMENT ("NDA") is effective as of , 2021 by City of Newport Beach ("Authorized User"). 1. Pictometry International Corp., a Delaware company with offices at 100 Town Centre Drive, Suite A, Rochester, HY 14623 ("Pictometry"), and the Southern California Association of Governments ("SCAM") have entered into that certain agreement dated June 25, 2020 ("Agreement') for the delivery of licensed digital mapping data and software ("Licensed Products") to SCAG. Under the Agreement, certain governmental entities, including SCAG departments and non-SCAG Authorized Participants, which participate in OCDAP ("OCDAP Member Agencies") shall be granted copies of or otherwise provided access to the Licensed Products through a Participation Agreement ("Participation Agreement') with SCAG. SCAG, OCDAP, and MWDOC entered into a joint Participation Agreement dated July 9, 2020. 2. Pursuant to that Participation Agreement and for purposes of this NDA, the OCDAP Member Agency includes Municipal Water District of Orange County. 3. Pursuant to Section 5 of the Participation Agreement, Licensed Products may only be accessed or otherwise used by other entities besides SCAG, such as OCDAP Member Agencies. OCDAP Member Agencies, which includes MWDOC, in turn may choose to share Licensed Products with other partners, contractors or consultants that use the Licensed Products either at their facilities or for any Project (as defined below), provided that such partners, contractors or consultants execute this NDA. 4. The undersigned ("Authorized User") desires to use the Licensed Products solely for noncommercial use and for purposes no greater than reasonably needed to achieve the objectives of an actual project ("Project'). 5. The undersigned Authorized User understands and agrees that the Licensed Products contain trade secret and/or confidential information ("Confidential Information') of Pictometry. Therefore, by signing this NDA, the Authorized User agrees that it will use, and require any of its authorized employees, agents or consultants to use, the Licensed Products solely for the Project, which is a nonexclusive, nontransferable and non -assignable right, from the effective date of this NDA in perpetuity. The Authorized User understands and hereby acknowledges that it shall be solely responsible for assuring its authorized employees, agents, and consultants comply with the terms of this NDA and shall implement whatever methods it deems necessary to assure such compliance. IN WITNESS WHEREOF, the undersigned Authorized User, by his/her authorized signature, agrees to all terms and conditions of this NDA as of the date set forth below. Signature: Name: Gr Leung, City Manager Organization: City of Newport Beach Date: SEP 21 2021 CITY ATT RNEY 6 0�At ron C. H I t y t q.If, 0--/ AUTHORIZED USER: Address: 100 Civic Center Drive City/Zip: Newport Beach, CA 92660 Phone: 949-644-309 Email: Attest: Leilani 1. Brown,1MMC, City Clerk Date: I -ZI 2a. l Mulvey, Jennifer From: Reyes, Raymund Sent: Wednesday, October 13, 2021 10:40 AM To: Mulvey, Jennifer Cc: Burckle, Shane Subject: 6228 MWDOC Attachments: MWDOC ADDENDUMS FY21-22 - 3B_2A_2B_3C_3D_NDA.pdf Hi Mulvey, Shane got confirmation from MWDOC that they don't need the originals and their signature lines are for internal purposes only — I'll be dropping off the originals of the attached scan for our archives for 6228 — Thx! Raymund Reyes I Sr. Management Analyst Public Works Department I City of Newport Beach 100 Civic Center Drive, Bay D, 2nd Floor Newport Beach, CA 92660 949-644-3325 I rreyes@newportbeachca.gov Addendum 313 FYS 20-22 Turf Removal Rebate Program I Participant Agency Participation Authorization (as of July 2020) V Page 1 of 4 This Addendum is intended to cover a two-year period beginning Fiscal Year 2020121 through Fiscal Year 2021/2022 or until a new Addendum 313 is submitted by Participant Agency and approved by MWDOC. End Date cannot exceed June 30, 2022. Election to Participate/Not Participate in Turf Removal Rebate Program. Participant Agency understands that all Turf Removal Program project areas must be designed to capture rainfall through infiltration or on-site storage in order for an applicant to receive rebate funds from Metropolitan and/or MWDOC for a Turf Removal Rebate Program project. The guidelines for both residential and commercial/public agency properties are set forth in their entirety in the MWDOC Inspection and Verification Procedures Manual, which Manual was made a part of this Agreement pursuant to the First Amendment, and is amended from time to time. By checking the box below, City of Newport Beach hereby Name of Participant Agency acknowledges that they have read and understood the Inspection and Verification Procedures Manual and elects to either: NOT PARTICIPATE in the Turf Removal Rebate Program ❑ or PARTICIPATE in the Turf Removal Rebate Program Residential/Commercial/Public Agency rKI Residential Only ❑ Commercial Only 0 Public Agency Only ❑ Site Inspections — Commercial Sites. For commercial sites/applications that will receive Metropolitan funding, all mandatory on site pre -turf and post -turf removal verifications/inspections will be conducted by Metropolitan's installation verification/inspection contractor at no cost to Participant Agency. For commercial sites/applications that will be fully funded by MWDOC grant funds, all mandatory on site pre turf and post -turf removal verifications/inspections will be conducted by MWDOC's installation verification/inspection contractor at no cost to Participant Agency. Site Inspections — Residential Sites; Election by Participant. For residential sites/applications, Participant Agency must conduct mandatory on site pre4urf and post -turf removal verifications/inspections on 100% of the participating residential sites in its service area, as described in Amendment 1 to the Water Conservation Participation Agreement and the MWDOC Inspection and Verification Procedures Manual, as amended from time to time. Participant Agency may elect to: (1) conduct its own pre -turf and post -turf removal verifications/inspections by utilizing its in-house staff; (2) contract with a third party inspector Addendum 313 FYS 20-22 Turf Removal Rebate Program Participant Agency Participation Authorization (as of July 2020) Page 2 of 4 of its choice to conduct the pre -turf and post -turf removal verifications/inspections; or (3) utilize MWDOC's installation verification/inspection contractor to conduct the pre -turf and post -turf removal verifications/inspections. Current fees charged by MWDOC's installation verification/inspection contractor are set forth in Table 1 below, but may be revised from time to time: Table 1 Installation Verification and Contractor Mission Resource Conservation District (MRCD) Residential WBICs, HENs, Spray -to -Drip, and Turf Removal Single Device - $95.00 / Visit Two Devices - $143.00 / Visit Three Devices — $238.00 / Visit Data Collection Fee Structure Commercial Administrative Per Mileage WBICs, HENs, Duties Charge Spray -to -Drip, (Commercial and Turf Removal Only) $59.00 / hour I $28.00/hour $0.55 / Mile Participant Agency understands and agrees that if Participant Agency utilizes MWDOC's installation verification/inspection contractor, Participant Agency must still comply with all of the requirements of the Water Conservation Participation Agreement and all Amendments thereto, including the refund requirements in Section 6. Participant Agency further understands that MWDOC is in no way liable or responsible for the acts or omissions of such contractor and makes no representations or warranties regarding the quality of such contractor's work. Participant Agency's sole recourse as to any action, claims or damages arising out of the acts or omissions of MWDOC's installation verification/inspection contractor is with the contractor and not with MWDOC. By acknowledging below, City of Newport Beach hereby elects to either (choose one): Name of Participant Agency (1) Conduct its own inspections: Initial Here (2) Contract with its own third -party inspector: Initial Here Name of Third -Party Inspector (3) Utilize MWDOC's installation verification/inspection x a contractor and agree to be billed monthly for previous Initial Here month's inspections: Addendum 3B FYS 20-22 Turf Removal Rebate Program Participant Agency Participation Authorization (as of July 2020) Page 3 of 4 An Authorized Representative(s) of Participant Agency must approve all pre -turf and post -turf removal verification/inspection work orders, whether conducted by Participant Agency, Participant Agency's third -party contractor, or MWDOC's installation verification/inspection contractor. Participant Agency shall designate its Authorized Representative(s) by completing Table 2 below. All Authorized Representative(s) identified in Table 2 must have signing authority with Participant Agency to certify that all information contained in the pre -turf and post -turf removal verification/inspection work orders is true and correct and to approve all rebate funding amounts. It is the responsibility of the Participant Agency's Authorized Representative(s) to access the Droplet online portal weekly to approve all verification/inspection work orders and provide the approved work orders to MWDOC. Table 2 Designation by Participant Agency of Authorized Representative(s) Name Title Email Phone Shane Burckle watershed/Conservation Specialist SBurckle@newport beachca.go 949-644-3214 Election to Provide Supplemental Funding. Participant Agency has the option to provide supplemental funding to customers in its service area to further incentivize participation in the Turf Removal Rebate Program. Table 3 below indicates Participant Agency's election to provide or not provide supplemental funding for turf removal rebate incentives. Participant Agency acknowledges that it is responsible for managing its own supplemental rebate funding budget via the Droplet online portal. MWDOC will not be tracking the expenditure of Participant Agency's funding. Addendum 313 FYS 20-22 Turf Removal Rebate Program Participant Agency Participation Authorization (as of July 2020) Page 4 of 4 Table 3 Turf Removal Rebate Supplemental Funding Turf Removal Rebate Participant Agency Participant Agency Supplemental Providing Supplemental Rebate Funding Amount per Rebate Funding (x) Square Foot of Turf Removed Residential Turf Removal (Limit of 1 $ /sf application per home per year) ❑ Yes Irl No Maximum of 5,000/sf per home per fiscal year Commercial Turf Removal (Limit of 1 application per water meter per $ /sf year) ❑ Yes &7 No Maximum of 50,000/sf per water meter per fiscal year Public Agency Turf Removal (Limit of 1 application per water meter per $ /sf year) ❑ Yes ® No Maximum of 50,000/sf per water meter per fiscal year By signing below, Participant Agency understands that it is obligated to pay any supplemental rebate funding amounts and/or MWDOC installation verification/inspection contractor fees, if utilizing MWDOC's contractor, for any applications initiated during the term of this Addendum 3B, regardless of when the project is completed and the rebate check is issued. This funding authorization is effective for applications received by MWDOC on or after August 1, 2020 and continues through June 30, 2022 or until a replacement Addendum is approved and implemented by MWDOC, whichever comes first. All invoicing shall be pursuant to the terms of the Water Conservation Participation Agreement. Incentives may not be applied retroactively. This funding authorization is effective only for the designated period or until a new authorization is received and approved by MWDOC. Each form submitted shall include the total authorization of the Agency for the specified time period. Supplemental funding forms received by MWDOC by the 15`h of a month shall become effective on the first day of the following month unless a later Start Date is specified. APPROVED AS TO FORM: By signing, Participant Agency agrees to these terms. CITY ATTORNEY'S OFFICE Participant Agency Cityof Newport Beach a'' ----- �,, . Aaron C. Harp, City Attornay o ra . Lean , City ,blanc er Date ;I _ Date re ived: Approved by Comments: Attest; Leilani I. Brown, MMC, City Clerk Date: f- I •W w Addendum 3C FYS 20-22 Spray to Drip Irrigation Rebate Program Participant Agency Participation Authorization (as of July 2020) Page 1 of 4 This Addendum is intended to cover a two-year period beginning Fiscal Year 2020/21 through Fiscal Year 2021/2022 or until a new Addendum 3C is submitted by Participant Agency and approved by MWDOC. End Date cannot exceed June 30, 2022. Election to Participate/Not Participate in Spray to Drip Irrigation Rebate Program. By checking the box below, City of Newport Beach hereby elects to either: Name of Participant Agency NOT PARTICIPATE in the Spray to Drip Irrigation Rebate Program ❑ or PARTICIPATE in the Spray to Drip Irrigation Rebate Program Residential/Commercial/Public Agency Residential Only ❑ Commercial Only ❑ Public Agency Only ❑ Site Inspection; Election by Participant. Participant Agency must conduct mandatory, on site pre -drip and post -drip conversion verifications/inspections on 100% of participating residential, commercial, and public agency sites in its service area, as described in Amendment 1 to the Water Conservation Participation Agreement and the MWDOC Inspection and Verification Procedures document, as amended from time to time. Photo - based residential pre -drip conversion verifications/inspections may be accepted on a case- by-case basis at the determination of MWDOC. Participant Agency may elect to: (1) conduct its own pre -drip and post -drip conversion verifications/inspections by utilizing its in-house staff; (2) contract with a third party contractor of its choice to conduct the pre -drip and post -drip conversion verifications/inspections; or (3) utilize MWDOC's installation verification/inspection contractor to conduct the pre -drip and post -drip conversion verifications/inspections. Current fees charged by MWDOC's verification/inspection contractor are set forth below in Table 1 below, but may be revised from time to time: Addendum 3C FYS 20-22 Spray to Drip Irrigation Rebate Program Participant Agency Participation Authorization (as of July 2020) Page 2 of 4 Table 1 Installation Verification and Data Collection Fee Structure Consultant Residential Commercial Administrative Per Mileage WBICs, HENs, WBICs, HENs, Duties Charge Spray -to -Drip, Spray -to -Drip, (Commercial and Turf and Turf Removal Only) Removal Single Device - Mission $95.00 / Visit $59.00 / hour $28.00/hour $0.55 / Mile Resource Two Devices - Conservation $143.00 / Visit District (MRCD) Three Devices - $238.00 / Visit Participant Agency understands and agrees that if Participant Agency utilizes MWDOC's verification/inspection contractor, Participant Agency must still comply with all of the requirements of the Water Conservation Participation Agreement and all Amendments thereto, including the refund requirements in Section 6. Participant Agency further understands that MWDOC is in no way liable or responsible for the acts or omissions of such contractor and makes no representations or warranties regarding the quality of such contractor's work. Participant Agency's sole recourse as to any action, claims or damages arising out of the acts or omissions of MWDOC's verification/inspection contractor is with the contractor and not with MWDOC. By acknowledging below, City of Newport Beach hereby elects to either (choose one): Name of Participant Agency (1) Conduct its own inspections: Initial Here (2) Contract with its own third -party inspector: Initial Here Name of Third -Party Inspector (3) Utilize MWDOC's verification/inspection X_� contractor and agree to be billed monthly for previous Initial Here month's inspections: An Authorized Representative(s) of Participant Agency must approve all pre -drip and post - drip conversion verifications and/or inspection work orders, whether conducted by Participant Addendum 3C FYS 20-22 Spray to Drip Irrigation Rebate Program Participant Agency Participation Authorization (as of July 2020) Page 3 of 4 Agency, a third -party vendor, or MWDOC's inspection contractor. Participant Agency shall designate its Authorized Representative(s) by completing Table 2 below. All Authorized Representative(s) identified in Table 2 must have signing authority with Participant Agency to certify that all information contained in the pre -drip and post -drip conversion verification/inspection work orders is true and correct and to approve all rebate funding amounts. It is the responsibility of the Participant Agency's Authorized Representative(s) to access the Droplet online portal weekly to approve all verification/inspection work orders and provide the approved work orders to MWDOC. Table 2 Designation by Participant Agency of Authorized Representative(s) Name Title Email Phone Shane Burckle Watershed/ Conservation Specialist sburckle@newportbeachca.gov 949-644-3214 Election to Provide Supplemental Funding. Participant Agency has the option to provide supplemental funding to customers in its service area to further incentivize participation in the Spray to Drip Irrigation Rebate Program. Table 3 below indicates Participant Agency's election to provide or not provide supplemental funding for spray to drip irrigation rebate incentives. Participant Agency acknowledges that it is responsible for managing its own rebate funding budget via the Droplet online portal. MWDOC will not be tracking the expenditure of Participant Agency's funding. Addendum 3C FYS 20-22 Spray to Drip Irrigation Rebate Program Participant Agency Participation Authorization (as of July 2020) Page 4 of 4 Table 3 Spray to Drip Irrigation Rebate Supplemental Funding Lel ani I. Brown, -MNCI City Clerk Date: U. I.4 -V Participant Agency Participant Agency Providing Supplemental Funding Spray to Drip Rebate Supplemental Funding Amount per Square Foot of N Spray to Drip Conversion Area Residential Spray to Drip (Maximum of 5,000 sf of converted ❑ Yes ® No $ /sf area per fiscal year) Commercial Spray to Drip (Maximum of 45,000 sf of converted ❑ Yes ® No $ /sf area per customer per fiscal year) Public Agency Spray to Drip (Maximum of 45,000 sf of converted ❑ Yes 11 No $ /sf area per customer per fiscal year) By signing below, Participant Agency understands that it is obligated to pay any supplemental rebate funding amounts and vendor inspection fees, if selected, for any applications initiated during the term of 11 this Addendum 3C, regardless of when the project is completed and the rebate check is issued. This funding authorization is effective for applications received by MWDOC on or after August 1, 2020 and continues through June 30, 2022 or until a replacement Addendum is approved and implemented by MWDOC, whichever comes first. All invoicing shall be pursuant to the terms of the Water Conservation Participation Agreement. Incentives may not be applied retroactively. This funding authorization is effective only for the designated period or until a new authorization is received and approved by i MWDOC. Each form submitted shall include the total authorization of the Agency for the specified time I period. i Supplemental funding forms received by MWDOC by the 15`h of a month shall become effective on the first day of the following month unless a later Start Date is specified. APPROVED AS TO FORM; CITY ATTORNEY'S OFFICE By signing, Participant Agency agrees to these terms. /1-, 4, Harp, City q Participant Agency City of Newport Beach ,,.Aaron C. Attorney o 0`3 I Grace K Letut , Q!X Mai e►• Date Date received: Approved by Comments: Lel ani I. Brown, -MNCI City Clerk Date: U. I.4 -V i• N Addendum 3A FY 19-20 Smart Timer Rebate Program Participant Agency Funding Authorization (as of August 2019) Page 1 of 2 Residential Smart Timers: If Participant Agency elects to provide additional funding for residential weather based irrigation controllers and/or soil moisture sensor systems (Res Smart Timer), Table 1 below shall list the Participant Agency's funding amount per Res Smart Timer. Participant Agency's funding amounts shall be in addition to the base rebate amount provided by Metropolitan. Total rebate paid from all sources shall not exceed the cost of the device. Table 1 Residential Smart Timers Category Participant Agency Funding Amount Not to Exceed Funding Limit For Fiscal Year 2019-2020 Weather -Based Agency 2019-2020 Irrigation Controller $ 0 per WBIC Authorized Funds: $0 (WBIC) Add/Subtract Funds': $ Total Authorized Funds: $ Controller (WBIC) Max. of $ 0 per Station 11 inactive stations per Start Date: 08/01/2019 Soil Moisture Sensor controller End Date: 06/30/2020 System (SMSS) $ 0 per SMSS Irrigation ControllerStart $ 0 per Station 'If this is not the first form this fiscal year, indicate amount (CC IC) Max. of 11 inactive of funding being added or subtracted. Commercial Smart Timers: If Participant Agency elects to provide additional funding for commercial (or large residential/greater than one irrigated acre) weather based irrigation controllers, central computer irrigation controllers, and/or soil moisture sensor systems (CII Smart Timer), Table 2 below shall list the Participant Agency's funding amount per CII Smart Timer station. CII Smart Timer rebates are calculated on the CII Smart Timer's station capacity, and Participant Agency's funding amounts shall be in addition to the per station amount provided by Metropolitan. Eligible CII Smart Timer can have a maximum of 11 inactive stations per controller. Table 2 Commercial Smart Timers Category Participant Not to Exceed Funding Limit For Fiscal Year Agency 2019-2020 Funding Amount Weather -Based Irrigation Controller (WBIC) Max. of $ 0 per Station 11 inactive stations per Authorized Funds: $ controller Add/Subtract Funds': $ Total Authorized Funds: $ Central Computer Irrigation ControllerStart $ 0 per Station Date: N/A (CC IC) Max. of 11 inactive End Date: N/A stations per controller 'If this is not the first form this fiscal year, indicate amount Soil Moisture Sensor System (SMSS) Max. of 11 $ 0 per Station of funding being added or subtracted. inactive stations per controller Addendum 3A FY 19-20 Smart Timer Rebate Program Participant Agency Funding Authorization (as of August 2019) This funding authorization is effective only for the designated period or until a new authorization is received and approved by MWDOC. Each form submitted shall include the total authorization of the Agency for the specified time period. Supplemental funding forms received by MWDOC by the 15th of a month will be sent to Metropolitan by the 20th of a month. Funding forms received by Metropolitan by the 201h of a month shall become effective on the first day of the following month unless a later Start Date is specified. Incentives will not be applied retroactively. Participant Agency is obligated to pay supplemental funding for any on-line commitments/applications made while this authorization is in effect, even if final payment for these commitments is/are due after the End Date specified. By signing, Participant Agency agrees to these terms. Participant Agency City of Newport Beach Date received: City Manager APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE l A Aaron C. Harp, City Attorney Date Approved by Attest: I_eilani 1. Brown,M C, City Clerk o'Ite: N.�111 Participant Agency adding supplemental funding may choose to approve projects via the online dashboard. Participant Agency will have 30 days to complete approvals. After 30 days all application will be paid. Online Approvals: Check the appropriate box: ❑✓ Participant Agency will perform online approvals ❑ Participant Agency will not perform online approvals ❑ To STOP any or all Smart Timer Supplemental Funding, please check this box, sign form, and submit to MWDOC This funding authorization is effective only for the designated period or until a new authorization is received and approved by MWDOC. Each form submitted shall include the total authorization of the Agency for the specified time period. Supplemental funding forms received by MWDOC by the 15th of a month will be sent to Metropolitan by the 20th of a month. Funding forms received by Metropolitan by the 201h of a month shall become effective on the first day of the following month unless a later Start Date is specified. Incentives will not be applied retroactively. Participant Agency is obligated to pay supplemental funding for any on-line commitments/applications made while this authorization is in effect, even if final payment for these commitments is/are due after the End Date specified. By signing, Participant Agency agrees to these terms. Participant Agency City of Newport Beach Date received: City Manager APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE l A Aaron C. Harp, City Attorney Date Approved by Attest: I_eilani 1. Brown,M C, City Clerk o'Ite: N.�111 Addendum 313 FY 19-20 Turf Removal Rebate Program Participant Agency Participation Authorization (as of August 2019) Page 1 of 4 Election to Participate/Not Participate in Turf Removal Rebate Program. Participant Agency understands that all Turf Removal Program project areas must be designed to capture rainfall through infiltration or on-site storage in order for an applicant to receive rebate funds from Metropolitan and/or MWDOC for a Turf Removal Rebate Program project. The guidelines for both residential and commercial/public agency properties are set forth in their entirety in the MWDOC Inspection and Verification Procedures Manual, which Manual was made a part of this Agreement pursuant to the First Amendment, and is amended from time to time. By checking the box below, CITY OF NEWPORT BEACH Name of Participant Agency hereby acknowledges that they have read and understood the Inspection and Verification Procedures Manual and elects to either: NOT PARTICIPATE in the Turf Removal Rebate Program ❑ or PARTICIPATE in the Turf Removal Rebate Program Residential/Commercial/Public Agency Residential Only ❑ Commercial Only ❑ Public Agency Only ❑ Site Inspections — Commercial Sites. For commercial sites/applications that will receive Metropolitan funding, all mandatory on site pre -turf and post -turf removal verifications/inspections will be conducted by Metropolitan's installation verification/inspection contractor at no cost to Participant Agency. For commercial sites/applications that will be fully funded by MWDOC grant funds, all mandatory on site pre -turf and post -turf removal verifications/inspections will be conducted by MWDOC's installation verification/inspection contractor at no cost to Participant Agency. Site Inspections — Residential Sites; Election by Participant. For residential sites/applications, Participant Agency must conduct mandatory on site pre -turf and post -turf removal verifications/inspections on 100% of the participating residential sites in its service area, as described in Amendment 1 to the Water Conservation Participation Agreement and the MWDOC Inspection and Verification Procedures Manual, as amended from time to time. Participant Agency may elect to: (1) conduct its own pre -turf and post -turf removal verifications/inspections by utilizing its in-house staff; (2) contract with a third party inspector of its choice to conduct the pre -turf and post -turf removal verifications/inspections; or (3) Addendum 313 FY 19-20 Turf Removal Rebate Program Participant Agency Participation Authorization (as of August 2019) Page 2 of 4 utilize MWDOC's installation verification/inspection contractor to conduct the pre -turf and post -turf removal verifications/inspections. Current fees charged by MWDOC's installation verification/inspection contractor are set forth in Table 1 below, but may be revised from time to time: Table 1 Installation Verification and Data Collection Fee Structure Contractor Residential Commercial Administrative Per Mileage WBICs, HENs, WBICs, HENs, Duties Charge Spray -to -Drip, Spray -to -Drip, (Commercial and Turf and Turf Removal Only) Removal Single Device - Mission $95.00 / Visit $59.00 / hour $28.00/hour $0.55 / Mile Resource Two Devices - Conservation $143.00 / Visit District (MRCD) Three Devices — $238.00 / Visit Participant Agency understands and agrees that if Participant Agency utilizes MWDOC's installation verification/inspection contractor, Participant Agency must still comply with all of the requirements of the Water Conservation Participation Agreement and all Amendments thereto, including the refund requirements in Section 6. Participant Agency further understands that MWDOC is in no way liable or responsible for the acts or omissions of such contractor and makes no representations or warranties regarding the quality of such contractor's work. Participant Agency's sole recourse as to any action, claims or damages arising out of the acts or omissions of MWDOC's installation verification/inspection contractor is with the contractor and not with MWDOC. By acknowledging below, (choose one): �lI=01a9ta"Mae Name of Participant Agency (1) Conduct its own inspections: (2) Contract with its own third -party inspector: hereby elects to either Initial Here Initial Here Name of Third -Party Inspector (3) Utilize MWDOC's installation verification/inspection contractor and agree to be billed monthly for previous Initial Here month's inspections: Addendum 3B FY 19-20 Turf Removal Rebate Program Participant Agency Participation Authorization (as of August 2019) Page 3 of 4 An Authorized Representative(s) of Participant Agency must approve all pre -turf and post -turf removal verification/inspection work orders, whether conducted by Participant Agency, Participant Agency's third -party contractor, or MWDOC's installation verification/inspection contractor. Participant Agency shall designate its Authorized Representative(s) by completing Table 2 below. All Authorized Representative(s) identified in Table 2 must have signing authority with Participant Agency to certify that all information contained in the pre -turf and post -turf removal verification/inspection work orders is true and correct and to approve all rebate funding amounts. It is the responsibility of the Participant Agency's Authorized Representative(s) to access the Droplet online portal weekly to approve all verification/inspection work orders and provide the approved work orders to MWDOC. Table 2 Designation by Participant Agency of Authorized Representative(s) Name Title Email Phone Shane Burckle Watershed/Conservation Coordinator sburckle@newportbeachca.gov 949-644-3214 Election to Provide Supplemental Funding. Participant Agency has the option to provide supplemental funding to customers in its service area to further incentivize participation in the Turf Removal Rebate Program. Table 3 below indicates Participant Agency's election to provide or not provide supplemental funding for turf removal rebate incentives. Participant Agency acknowledges that it is responsible for managing its own supplemental rebate funding budget via the Droplet online portal. MWDOC will not be tracking the expenditure of Participant Agency's funding. Addendum 313 FY 19-20 Turf Removal Rebate Program Participant Agency Participation Authorization (as of August 2019) Page 4 of 4 Table 3 Turf Removal Rebate Supplemental Funding Turf Removal Rebate Participant Agency Participant Agency Supplemental Providing Supplemental Rebate Funding Amount per Rebate Funding (x) Square Foot of Turf Removed Residential Turf Removal (Limit of 1 application per home per year) ❑ Yes ® No $ /sf Maximum of 5,000/sf per home per fiscal year Commercial Turf Removal (Limit of /sf 1 application per water meter per year) ❑ Yes No ® Maximum of 50,000/sf per water meter per fiscal year Public Agency Turf Removal (Limit /sf of 1 application per water meter per year) ❑ Yes ® No Maximum of 50,000/sf per water meter per fiscal year By signing below, Participant Agency understands that it is obligated to pay any supplemental rebate funding amounts and/or MWDOC installation verification/inspection contractor fees, if utilizing MWDOC's contractor, for any applications initiated during the term of this Addendum 361 regardless of when the project is completed and the rebate check is issued. This funding authorization is effective for applications received by MWDOC on or after August 1, 2019 and continues through June 30, 2020 or until a replacement Addendum is approved and implemented by MWDOC, whichever comes first. All invoicing shall be pursuant to the terms of the Water Conservation Participation Agreement. Incentives will not be applied retroactively. This funding authorization is effective only for the designated period or until a new authorization is received and approved by MWDOC. Each form submitted shall include the total authorization of the Agency for the specified time period. Supplemental funding forms received by MWDOC by the 15th of a month shall become effective on the first day of the following month unless a later Start Date is specified. By signing, Participant Agency agrees to these terms. Participant Agency ived: Comments: CITY OF NEWPORT BEACH APPROVED AS TO FORM: CITY ATTO EY'S OFFIC By: !~- Aaron C. Harp, City Attorney y� Dare Approved by ��a✓P Attest: 0k e� r r X _ a.r Lellani 1. Brown, MMC, City Clerk FOR a Date: - 1. a'✓' �' L Addendum 3C FY 19-20 Spray to Drip Irrigation Rebate Program Participant Agency Participation Authorization (as of August 2019) Page 1 of 4 Election to Participate/Not Participate in Spray to Drip Irrigation Rebate Program. By checking the box below, CITY OF NEWPORT BEACH Name of Participant Agency hereby elects to either: NOT PARTICIPATE in the Spray to Drip Irrigation Rebate Program ❑ or PARTICIPATE in the Spray to Drip Irrigation Rebate Program Residential/Commercial/Public Agency Residential Only ❑ Commercial Only ❑ Public Agency Only ❑ Site Inspection; Election by Participant. Participant Agency must conduct mandatory, on site pre -drip and post -drip conversion verifications/inspections on 100% of participating residential, commercial, and public agency sites in its service area, as described in Amendment 1 to the Water Conservation Participation Agreement and the MWDOC Inspection and Verification Procedures document, as amended from time to time. Photo - based residential pre -drip conversion verifications/inspections may be accepted on a case- by-case basis at the determination of MWDOC. Participant Agency may elect to: (1) conduct its own pre -drip and post -drip conversion verifications/inspections by utilizing its in-house staff; (2) contract with a third party contractor of its choice to conduct the pre -drip and post -drip conversion verifications/inspections; or (3) utilize MWDOC's installation verification/inspection contractor to conduct the pre -drip and post -drip conversion verifications/inspections. Current fees charged by MWDOC's verification/inspection contractor are set forth below in Table 1 below, but may be revised from time to time: 1H HI 1H HI Addendum 3C FY 19-20 Spray to Drip Irrigation Rebate Program Participant Agency Participation Authorization (as of August 2019) Page 2 of 4 Table 1 Installation Verification and Data Collection Fee Structure Consultant Residential Commercial Administrative Per Mileage WBICs, HENs, WBICs, HENs, Duties Charge Spray -to -Drip, Spray -to -Drip, (Commercial and Turf and Turf Removal Only) Removal Single Device - Mission $95.00 / Visit $59.00 / hour $28.00/hour $0.55 / Mile Resource Two Devices - Conservation $143.00 / Visit District (MRCD) Three Devices — $238.00 / Visit Participant Agency understands and agrees that if Participant Agency utilizes MWDOC's verification/inspection contractor, Participant Agency must still comply with all of the requirements of the Water Conservation Participation Agreement and all Amendments thereto, including the refund requirements in Section 6. Participant Agency further understands that MWDOC is in no way liable or responsible for the acts or omissions of such contractor and makes no representations or warranties regarding the quality of such contractor's work. Participant Agency's sole recourse as to any action, claims or damages arising out of the acts or omissions of MWDOC's verification/inspection contractor is with the contractor and not with MWDOC. By acknowledging below, (choose one): CITY OF NEWPORT BEACH Name of Participant Agency (1) Conduct its own inspections: (2) Contract with its own third -party inspector: hereby elects to either Initial Here Initial Here Name of Third -Party Inspector (3) Utilize MWDOC's verification/inspection contractor and agree to be billed monthly for previous Initial Here month's inspections: An Authorized Representative(s) of Participant Agency must approve all pre -drip and post - drip conversion verifications and/or inspection work orders, whether conducted by Participant Addendum 3C FY 19-20 Spray to Drip Irrigation Rebate Program Participant Agency Participation Authorization (as of August 2019) Page 3 of 4 Agency, a third -party vendor, or MWDOC's inspection contractor. Participant Agency shall designate its Authorized Representative(s) by completing Table 2 below. All Authorized Representative(s) identified in Table 2 must have signing authority with Participant Agency to certify that all information contained in the pre -drip and post -drip conversion verification/inspection work orders is true and correct and to approve all rebate funding amounts. It is the responsibility of the Participant Agency's Authorized Representative(s) to access the Droplet online portal weekly to approve all verification/inspection work orders and provide the approved work orders to MWDOC. Table 2 Designation by Participant Agency of Authorized Representative(s) Name Title Email Phone Shane Burckle Watershed/Conservation Coordinator new ortbeachca.ov sburckle@ p g 949-644-3214 Election to Provide Supplemental Funding. Participant Agency has the option to provide supplemental funding to customers in its service area to further incentivize participation in the Spray to Drip Irrigation Rebate Program. Table 3 below indicates Participant Agency's election to provide or not provide supplemental funding for spray to drip irrigation rebate incentives. Participant Agency acknowledges that it is responsible for managing its own rebate funding budget via the Droplet online portal. MWDOC will not be tracking the expenditure of Participant Agency's funding. Addendum 3C FY 19-20 Spray to Drip Irrigation Rebate Program Participant Agency Participation Authorization (as of August 2019) Page 4 of 4 Table 3 Spray to Drip Irrigation Rebate Supplemental Funding By signing below, Participant Agency understands that it is obligated to pay any supplemental rebate funding amounts and vendor inspection fees, if selected, for any applications initiated during the term of this Addendum 3C, regardless of when the project is completed and the rebate check is issued. This funding authorization is effective for applications received by MWDOC on or after August 1, 2019 and continues through June 30, 2020 or until a replacement Addendum is approved and implemented by MWDOC, whichever comes first. All invoicing shall be pursuant to the terms of the Water Conservation Participation Agreement. Incentives will not be applied retroactively. This funding authorization is effective only for the designated period or until a new authorization is received and approved by MWDOC. Each form submitted shall include the total authorization of the Agency for the specified time period. Supplemental funding forms received by MWDOC by the 15th of a month shall become effective on the first day of the following month unless a later Start Date is specified. APPROVED AS TO FORM: By signing, Participant Agency agrees to these terms. CITY ATTORNEY'S OFFICE Participant Agency CITY OF NEWPORT BEACH By:�_ � , Aa n C. arp, City Aorne y Grace e g, City Manager Date Date received: Comments: Approved by Attest: i! eilani 1. Brown, T MC, City Clerk n.,+o. ) A. Pb 1 Participant Agency Participant Agency Supplemental Funding Spray to Drip Rebate Providing Amount per Square Foot of Supplemental Funding Spray to Drip Conversion (x) Area Residential Spray to Drip (Lifetime maximum of 5,000 sf of ❑ Yes 0 No $ /sf converted area) Commercial Spray to Drip (Maximum of 45,000 sf of converted ❑ Yes 91 No $ /sf area per customer per fiscal year) Public Agency Spray to Drip (Maximum of 45,000 sf of converted ❑ Yes IN No $ /sf area per customer per fiscal year) By signing below, Participant Agency understands that it is obligated to pay any supplemental rebate funding amounts and vendor inspection fees, if selected, for any applications initiated during the term of this Addendum 3C, regardless of when the project is completed and the rebate check is issued. This funding authorization is effective for applications received by MWDOC on or after August 1, 2019 and continues through June 30, 2020 or until a replacement Addendum is approved and implemented by MWDOC, whichever comes first. All invoicing shall be pursuant to the terms of the Water Conservation Participation Agreement. Incentives will not be applied retroactively. This funding authorization is effective only for the designated period or until a new authorization is received and approved by MWDOC. Each form submitted shall include the total authorization of the Agency for the specified time period. Supplemental funding forms received by MWDOC by the 15th of a month shall become effective on the first day of the following month unless a later Start Date is specified. APPROVED AS TO FORM: By signing, Participant Agency agrees to these terms. CITY ATTORNEY'S OFFICE Participant Agency CITY OF NEWPORT BEACH By:�_ � , Aa n C. arp, City Aorne y Grace e g, City Manager Date Date received: Comments: Approved by Attest: i! eilani 1. Brown, T MC, City Clerk n.,+o. ) A. Pb 1 V FIRST AMENDMENT TO WATER CONSERVATION PARTICIPATION AGREEMENT This First Amendment to Water Conservation Participation Agreement (`First Amendment") is effective on July 1, 2016 ("Effective Date"), by and between the Municipal Water District of Orange County ("MWDOC") and the City of Newport Beach ("Participant Agency") MWDOC and Participant Agency may be collectively referred to as "Parties" and individually as "Party." RECITALS A. MWDOC and Participating Agency entered into a Water Conservation Participation Agreement regarding the Participating Agency's participation in certain water conservation programs ("Agreement"). B. The Parties now desire to amend the Agreement to make certain changes to provisions regarding verification of the installation of items and devices installed as part of certain water conservation incentive programs. TERMS For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to amend the Agreement as follows: Amendment. Section J is added to the Recitals to read as follows: "J. The purpose of this Agreement is also to acknowledge that Participating Agency is participating in MWDOC's Choice Water Use Efficiency Program ("WUE Program") and in doing so is agreeing to pay for its proportionate share of MWDOC's administrative and direct program costs of the WUE Program." Amendment. Section 1 .7 is added to the Agreement to read as follows: "1.7 Participating Agency understands that by entering into this Agreement it is participating in MWDOC's Choice Water Use Efficiency Program ("WUE Program") and agrees to pay MWDOC for its proportionate share of MWDOC's costs for administering the WUE Program based on Participating Agency's level of participation in the WUE Program. MWDOC will annually invoice Participating Agency. 5 540 1.0000 1 M8065 50. I Amendment. Section 6 is amended in its entirety to read as follows: "Section 6: Installation Verification/Inspection 6.1 Participant Agency shall be responsible for conducting installation verifications/inspections of items and devices installed, distributed, and/or rebated by Participant Agency under Participant Agency Administered Programs to ensure compliance with program requirements, and/or for paying all costs associated with this verification/inspection. Installation verification/inspection measures must be designed to ensure that materials, installation verifications/inspections of eligible program items and devices, and services meet requirements established by Metropolitan and MWDOC, which requirements will be provided to Participant Agency by MWDOC as Attachment A. 6.2 Participant Agency shall be responsible for conducting installation verifications/inspections of items or devices installed, distributed, and/or rebated by Participant Agency or MWDOC under MWDOC Administered Programs to ensure compliance with program requirements, and/or for paying all costs associated with this verification/inspection. Installation verification/inspection measures for program items and devices must be designed to ensure that materials, installation verifications/inspections of eligible program items and devices, and services meet requirements established by Metropolitan and MWDOC, which requirements will be provided to Participant Agency by MWDOC as Attachment A. 6.3 Participant Agency 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/inspections. If Participant Agency elects to utilize MWDOC's verification/inspection vendor, Participant Agency may elect to contract directly with MWDOC's verification/inspection vendor. If Participant Agency elects not to enter into such contract, MWDOC, in MWDOC's sole discretion, may require that Participant Agency contract directly with MWDOC's verification/inspection vendor. 6.3.1 Notwithstanding any other provision in this Agreement, Participant Agency understands and agrees that if Participant Agency utilizes MWDOC's verification/inspection vendor, Participant Agency must still comply with all of the requirements of this Agreement, including the refund requirements in Section 6.6, and MWDOC is in no way liable or responsible for the acts or omissions of such vendor and makes no W, W RIIQ111I6F:I:11YU1671 representations or warranties regarding the quality of such vendor's work. Participant'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. 6.4 MWDOC reserves the right to conduct installation verification/inspection of items and devices within Participant Agency's service area. 6.5 Participant Agency 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. 6.6 Participant Agency shall promptly refund to MWDOC any amounts paid under any Participant Agency Administered Program or MWDOC Administered 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 established by Metropolitan and MWDOC pursuant to this Agreement. If such a refund is not provided to MWDOC within thirty (30) days of request, the requested amount may be debited by MWDOC on Participating Agency's next water service invoice. 6.7 "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 program covered by this Agreement. 4. Authority to enter into First Amendment. Each Party represents to the other that the person executing this First Amendment has the requisite power and authority to execute the First Amendment and to bind each respective Party. 5. Continuing Effect of Agreement. Except as amended by this First Amendment, all other provisions of the Agreement remain in full force and effect. From and after the date of this First Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this First Amendment. 6. Execution in Counterparts. This First Amendment may be executed in duplicate counterparts, each of which shall be deemed an original. MWDOC and Participating Agency have each caused this First Amendment to be executed by its duly authorized representative as of the date set forth below the authorized signature. 55401.00001288065SO, 1 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment. MUNICIPAL WATER DISTRICT OF ORANGE COUNTY By: ?A Robert Hunte General Manager Date: tia,-I`I6 Approved as to Form: Joseph By, ne General (counsel Date: 12- l c, l I b 55401.00001\28806550.1 4 PARTICIPANT AGENCY CITY OF NEWPORT BEACH By: Z� t-,tL 7 _ Dave Kiff City Manager Date: ly Approved as toForm:_ Aaron C. Harp tr» City Attorney Date: 1/7116 AT r ' Leilani I. Brown City Clerkr I /� Date: { 1• !' Ik Attachment A MUNICIPAL WATER DISTRICT OF ORANGE COUNTY INSPECTION AND VERIFICATION '11 1 Table OfContents |. Purpose ofthis document ................................................................................................................ 2 U. Program Implementation Process ................................................................................................... / ApplicationPackage ......................................................................................................................... Z InvoiceSubmission ........................................................................................................................... J LaborCosts ....................................................................................................................................... J Federal, State, and Local Laws and Ordinances ............................................................................... 3 SupplementalInspections ................................................................................................................ 4 Inspection Confirmation DuaUtyCnntnd...-..-.-....^^~^^~^-^^~~~^~^^~~~~-^ 4 |||. Device -Based Inspection Procedures ..........~..~~~-~~~~~-^^~^~~-~^~~'* ResidentialDevices .......................................................................................................................... 4 CommercialDevices ......................................................................................................................... 5 5praytoDhpResidential ............................................................................................................... 9 |V. Area -Based Programs .................................................................................................................... 11 Turf Removal Participation Procedure ........................................................................................... 1l General Inspection Procedures ...................................................................................................... 1I Pre -Inspection Procedures -Turf Removal ................................................................................... 11 On -Site Inspections for Area -Based Rebates ................................................................................. 13 13K4easuhnQLaqgeS�esbyG|S.......-_..~._...-~~~—~~^~—~~~~~-^~. Condition ufTurf nkPre-inspection ............................................................................................... 13 Multiple Applications unde,sanoeSite .......................................................................................... l4 Modifications toInitial Project Area .............................................................................................. l4 Post -inspection Procedures - Turf Removal .................................................................................. 14 15P��ectExtensinns................._..~~^~~~~^~'~~~~~`^~~^~~-~^ Spray toDrip ' Commercial ........~......_~~^~.~~~~-.._._......_~.15 V. Measurement Techniques ............................................................................................................. l7 Non -Uniform Rectangular .............................................................................................................. l8 Irregular Rhombus urWidening Rectangular ................................................................................ l0 Non -Uniform Round ....................................................................................................................... 19 Non -Uniform Ellipses ...................................................................................................................... lV 1 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), orfullyfunded 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. 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 Residential o Commercial o Spray to Drip -Residential • Area -Based Rebate Programs o Turf Removal o 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 to determine o Participant Agency is participating in the program o Project site is located within Orange County o Payee name matches the application name • Device eligibility, if a device -based program • Site plan for area -based rebates o Indicate the project area, location, and project intent • Pictures of the site for area -based and spray -to -drip rebates. Pictures to show o Current site condition o Complete area to be removed o 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 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 • 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 areto 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. Applicants should obtain any necessary approvals for their projects 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 91 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 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. Inspection Confirmation Quality Control 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. 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 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 solely by Metropolitan, at its discretion. For devices rebated through a MWDOC and/or a Participant Agency -Administered Program (MAA Program), the inspection procedures are set forth below. 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 will utilize the sample size calculator provided by MWDOC 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. To determine the amount of inspections required for commercial devices, Participant Agency must apply the following criteria (a -e below) to the project(s): i. 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. L 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: L For plumbing devices — 50 device units or more atone installation address. ii. For irrigation controllers— 20 controllers or more atone 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 atone 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 that Participant Agency submits a Request for, 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 MAA Program Project is approved for $100,000, then a minimum of $5,000 worth of devices must be inspected per MAA Program Project. 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. 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. With permission from the customer, take photographs relating to the devices installed to be included in Inspection report. Indoor Inspection: Indoor inspection includes detailed fixture count of toilets, urinals, dry vacuum pumps, food steamers, 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. 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. 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 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. 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. Primary MAA Inspection Secondary Number of Program Criteria Inspection Inspections Type Listed in order Criteria Required from A to C (must do (C) below even if (A) and/or (B) exists) Less than $14,000,1 Minimum 10% but satisfies the inspections of each S c�z Lar a site definition qualifying site 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 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: • Program application is completed in full • A copy of a current water bill is attached and confirms that o Participant agency is participating in the program o Project site is located within Orange County o Payee name matches the application name • Applicant has attached 3 to 5 photos of the project area taken with the existing sprinkler system turned on. 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 number of drip "kits" the applicant is applying/eligible for. • 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 forwards the application to the Participant Agency to conduct its own review and approval utilizing the steps listed above. If the application has satisfied all of the above requirements, a Project Approval Notice is generated by MWDOC/Participant Agency 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 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. Post -Inspection Procedure Once the Spray -to -Drip Project is complete, applicant completes the Spray to Drip Completion form to request an on-site post -inspection. Prior to scheduling the post -inspection, the Completion Form will be reviewed by MWDOC to confirm the following: • Completion Form is completed in full. • Payee Name and Mailing Address for Rebate Check is provided. • Applicant has attached at least 3 completed conversion area pictures showing: o Wide angle view of completed project area(s) o Close-up(s) of installed pressure regulation/filtration component(s) o 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 Dated within the project period. o 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. o The actual quantity of drip "kits" purchased and the quantity of kits eligible for rebate. o Labor is not reimbursable and must be listed as a separate line item. If the Completion Form 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 Completion Form 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 Completion Form. As part of the on-site post -inspection, Participant Agency/inspector must verify the following: • 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 emittertubing 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). Once the on-site post inspection is complete, Participant Agency will complete the Rebate Check Authorization form, in full, and upload all photos and documentation. Once the Check Authorization form has been submitted, it will be reviewed by MWDOC, along with copies of all 10 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. 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 commercial Spray to Drip. Turf Removal Participation Procedure The Turf Removal Rebate 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: Notice to Proceed or Denial Letter to Customer Process 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 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 General Inspection Procedures For all customer types, all sites will be measured by 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: Residential Area -Based Inspections: For residential area -based customers with an approved Metropolitan rebate amount exceeding $5,000, Participant Agency or inspection vendor must notify MWDOC/Metropolitan within 3 to 5 business days of upcoming post-inspection(s) by Agency. MWDOC, Metropolitan or a designated representative may attend inspection. Notification of upcoming inspection to be sent to turfremoval@mwdoc.com. • Commercial Area -Based Inspections: For commercial area -based customers with an approved Metropolitan rebate amount exceeding $10,000, Participant Agency must notify MWDOC/Metropolitan 3 to 5 business days prior to upcoming post -inspections) by Agency. MWDOC, Metropolitan or a designated representative may attend inspection. Notification of upcoming inspection to be sent to turfremoval@mwdoc.com. • 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. MWDCC/Metropolitan will require Participant Agency to submit them. MWDOC/Metropolitan may perform onsite 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 anytime. Pre -Inspection Procedures —Turf Removal 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 the Participant 12 Agency or by a vendor inspector. The pre -inspection on-site visit is a means to determine confirmation of eligibility. The pre -inspection process verifies that the project area contains live turf or sufficient evidence that live turf recently existed and that the requested square footage to be removed seems reasonable and consistent with the physical inspection. 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 removed, 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. 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 a letter to proceed is generated and sent to the customer. 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 the inspection vendor as well as any Participant agency conducting its own inspection. Measuring Large Sites by GIS With extremely large sites (in excess of 50,000 sf) where physical measurements are difficult, aerial imagery is often employed to measure the site. In these circumstances a GIS measurement may only be used to measure the project area and a pre -inspection site visit is still required to ensure that the site meets all program conditions and requirements and is eligible to participate. This method is often referred to as a "spot-check' since the sites are checked for existing turf during the inspection, but measured separately using GIS. If a site is measured by GIS, rather than through an on-site measurement technique, it must explicitly be noted on a work order or through an equivalent form for written communication from the Participant Agency/vendor inspector to MWDOC. Digital imagery must be saved and sent to MWDOC. There must still be confirmation that the site/area to be rebated contains live turf and that the requested footage to be removed seems reasonable and consistent with the aerial inspection 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. Photos of the entire area and detailed photos should 13 be taken showing turf and bare soil conditions. For large sites with multiple separated areas (or sub -areas), a map must be submitted identifying the area measured for each separate sub -area. Multiple Applications under same Site Residential sites have a lifetime maximum. Commercial sites have an annual maximum. Modifications to Initial Protect Area In some instances a customer may want to swap turf removal areas/locations after a letter to proceed has already been sent and construction has begun. This is common in HOAs, Golf Courses, Parks, and other large sites, but occasionally occur with residential projects. There are many reasons for changes such as: HOA board decisions, public outcry, irrigation system delineation restrictions, or even finding out that some part of the property belongs to another entity (as is common in parkways along sidewalks, and around common area parks). When these changes occur, if the customer is simply removing an area to be renovated, no action is required. However, if a decision is made to swap an area with another, additional documentation and a second pre - inspection must occur and is required to ensure that the site is eligible and matches the area measurements. This documentation must include a new site plan and photos of the intended areas. At this point, because a letter to proceed has already been sent and construction has begun, the site eligible for a rebate may not increase in size. If construction has not begun, and the customer would like to increase the area of turf to be removed within program maximum square footage guidelines, a second pre -inspection must occur and is required to ensure that the site is eligible and matches the area measurements. If the swapping of one area for another occurs during the construction phase of the project and is not previously approved by MWDOC, the swapped area will not be eligible for rebate as it was not subject to the mandatory pre -inspection. Post -Inspection Procedures —Turf Removal For both residential and commercial projects, unless otherwise noted, once the letter to proceed 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. 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, utilizing the same techniques as employed during the pre -inspection measurement, with the exception of GIS. Negative deviations between the pre- and post -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 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 removed, 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. 14 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 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 included in the payment request to MWDOC. Project Extensions In some instances, projects may experience delays. As all projects either have a 60 day deadline or 90 day deadline to complete their project, an extension may be requested. In all cases, extensions may only be granted to sites who are making progress to complete their project. Documentation or a site visit is often 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 - Commercial The commercial portion of the Spray -to -Drip Rebate Program is administered in a similar way to the residential portion, with the exception of the post -inspection requirements which are area - based. 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: • Program application is completed in full. • A copy of a current water bill is attached and confirms that o Participant agency is participating in the program o Project site is located within Orange County o Payee name matches the application name • Applicant has attached 5 to 10 photos of the project area taken with the existing sprinkler system turned on. 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. 15 Once MWDOC confirms that the application is complete and satisfies the above requirements, MWDOC forwards the application to the Participant Agency to conduct its own review and approval utilizing the steps listed above. If the application has satisfied all of the above requirements, a Project Approval Notice is generated by MWDOC/Participant Agency 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 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. Post -Inspection Procedure Once the Spray -to -Drip Project is complete, applicant completes the Spray to Drip Completion form to request an on-site post -inspection. Prior to scheduling the post -inspection, the Completion Form will be reviewed by M WDOC to confirm the following: • Completion Form is completed in full. • Payee Name and Mailing Address for Rebate Check is provided. • Applicant has attached at least 5 completed conversion area pictures showing: o Wide angle view of completed project area(s) o Close-up(s) of installed pressure regulation/filtration component(s) o 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 Dated within the project period o 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 not reimbursable and must be listed as a separate line item. If the Completion Form 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 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 Completion Form 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 16 information contained in the Completion Form. 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. • 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, Participant Agency will complete the Rebate Check Authorization form, in full, and upload all photos and documentation. Once the Check Authorization 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 bestjudgment, deem it necessary to do so. V. Measurement Techniques 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 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 be at least as accurate as the techniques listed here. 17 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 G). 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." 1 L 11 Example: Non -Uniform Rectangular 11 line (AB) = 65 ft e between offset lines is 13 ft apart th of each offset line: C=20ft F=20ft D=10ft G=25ft E=15ft H=20 ft length of = (Number of offset =(20+ 10+ 15+20+25+20)/ =18.3ft Area = (Length line) x (Average length of offset lines) =65ftx18.3ft = 1192 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 a and line b. The areas of triangle (ad), triangle (cb), and rectangle cd) can now be calculated. 18 Example: Irregular. Rhombus or Widening Rectangular Length of each line: A=20ft c=18 f[ B=25ft d=21ft Line (f) = A — c Line (e)=B—d =20ft-18ft =25ft-21ft =2ft =411 Area (cd) = c x d =1811x2111 = 378 ft Area (cb) = (c x e) / 2 =(18ftx4ft) /2 = 36 ft' Area (fl) _ (f x d) / 2 =(2ftx21ft) /2=21112 Total Area = Area (cd) + Area (ce) + Area (fd) =37811+3611 +21ft' = 435 ft' Non -Uniform Round First measure 16 evenly spaced radii from the same center point (point A). This is called the centerpoint. Next take the average ofall the radii (B+C+D+E+F+G+H+I+1+K+L+M+N + 0 + P + q) / 16. Use the average radii to calculate the area of a circle. (12.25 ft. in this example). Board used for measuring 19 M Example: Non -Uniform Round Length of each offset line: B=10ft E=12ft H=10ft K=9ft N=16ft Q=9ft C=15fit F 15 It I=15ft L=811 0=10ft D=10ft G=13ft J=1711 M=15ft P=12ft of radii = 16 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 Area= 7r x 12.252 ft = 3.14 x 12.25 ft x 12.25 ft = 471112 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. 9C Example: Non -Uniform Ellipse Length line (AB) = 60 ft Distance between offset lines is 10 ft apart Length of each offset line C=15ft F=25ft D=10ft G=20ft E=15ft Total length of offset lines=C+D+E+F+G =15+10+15+25+20 =85ft Total Area = (Distance between offset lines) x (sum of the length of offset lines) =10ftx85ft = 850 ft Non -Uniform Ellipses Alternate Ana Item ate 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. rt, 21 N 9 Water Conservation Participation Agreement between the Municipal Water District of Orange County and the City of Newport Beach This Water Conservation Participation Agreement("Agreement")is made between the Municipal Water District of Orange County ("MWDOC") and the City of Newport Beach ("Participant Agency"). MWDOC and Participant Agency may be collectively referred to as "Parties"and individually as "Party." Recitals A. The Metropolitan Water District of Southern California ("Metropolitan")provides incentive funding to residential, commercial, and industrial water users in its service area for a variety of water conservation activities, including, but not limited to, rebates for the purchase and installation of water-saving devices("Metropolitan Base Incentives"). B. MWDOC is a member agency of Metropolitan and has agreements with Metropolitan that enable residential, commercial, and industrial water users in MWDOC's service area, and for the benefit of MWDOC's member agencies,to participate in and take advantage of Metropolitan's Base Incentives. C. Participant Agency, as a MWDOC member agency or a direct Metropolitan member agency, may elect to participate in Metropolitan's program to replace non-conserving items within its service area. D. The Metropolitan Base Incentives amounts for each eligible device or program available to MWDOC and Metropolitan member agencies are listed in the attached Addendums I and 1B. It is expected that Metropolitan will establish funding for additional water conservation items and to change some or all of the existing funding rates throughout the term of this Agreement. Any such changes will be incorporated herein by amendment to Addendums IA and 1B. E. Metropolitan and MWDOC each have fiscal responsibility to manage their individual budgets, and hence may have a need to limit availability of funds. F. MWDOC and Metropolitan member agencies may also choose to provide additional supplemental funding of their own to augment the Metropolitan Base Incentives. Based on the terns and conditions of this Agreement, MWDOC will facilitate supplemental funding for Participant Agency through the Metropolitan rebate contractor("Rebate Contractor") or MWDOC directly. Metropolitan member agencies will coordinate any supplemental funding directly with Metropolitan. G. In addition to the Metropolitan Base Incentives, MWDOC has developed and arranged additional local, state, and federal grant funding("Grant Funding") for eligible devices in a number of water conservation programs ("MWDOC Administered Programs") that MWDOC offers to Participant Agency and Metropolitan member agencies. This grant funding may be used to enhance the Metropolitan Base Incentives. Granting agencies Page 1 include, but are not limited to, the Department of Water Resources and the United States Bureau of Reclamation. H. Participant Agency may also operate customized, local water conservation incentive programs in their respective service areas ("Participant Agency Administered Programs) and may have access to the Metropolitan Base Incentives and Grant Funding for such, subject to MWDOC and Metropolitan approval and the terms and conditions of this Agreement and any MWDOC and/or Metropolitan agreements. I. The purpose of this Agreement is to create a master water conservation participation agreement between MWDOC and Participant Agency that combines all of the conservation programs and incentives ("Programs") into one agreement. Addendums to this Agreement will be issued for changes involving Metropolitan approved items, MWDOC Board approved items, Grant Funding, adding and subtracting MWDOC Administered Programs and Participant Agency Administered Programs as identified in Section 2, and changes to incentive programs, including funding and incentive levels. NOW THEREFORE, in consideration of the promises and covenants hereinafter set forth, the Parties do agree as follows: Section 1: Agreement Term and Administration 1.1 This Agreement will be effective on July 1, 2015 or upon execution of this Agreement by all Parties,whichever is later, and shall terminate on June 30, 2025 (`Term"). Continuance of this Agreement will be subject to annual budget approval by MWDOC's Board of Directors. 1.2 This Agreement may be amended at any time by written mutual agreement of the Parties, or by Addendums issued by MWDOC as set forth in Recital I. 1.3 This Agreement may be terminated by either Party for any reason upon thirty(30)days written notice to the other Party. 1.4 All Addendums are enforced for the duration of this Agreement unless the Addendums are amended or terminated by either Parry. 1.5 In the event the Agreement is terminated early, Participant Agency is responsible for payment of any funding contributions required by this Agreement that that were initiated prior to the effective date of the termination. For purposes of this Agreement, an application is deemed initiated when an application has been received by Metropolitan's 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 programs described within this Agreement and the attached Addendums. 1.6 Notwithstanding any other provision in this Agreement, funds for all of the programs described within this Agreement and the attached Addendums are conditioned upon the Page2 availability of funds and MWDOC is under no obligation to provide funding for any of the programs if MWDOC determines, in its own discretion, that such funding is exhausted,reduced, eliminated, or unavailable from any funding source, for any reason. Section 2: Program Funding 2.1 Supplemental Funding 2.1.1 In addition to the Metropolitan Base Incentives,Participant Agency may provide additional funding to augment the Metropolitan Base Incentives amounts for those programs and devices that Participant Agency identifies, and in the amounts indicated, in the appropriate locations in Addendums 2A, 213, and 2C ("Supplemental Funding"). The Supplemental Funding listed in Addendums 2A through 2C shall specify the amount of Supplemental Funding Participant Agency will provide per device or program, as well as the total maximum Supplemental Funding amount committed to each category of device or program. If the Participant Agency does not complete, sign, and return Addendums 2A through 2C to MWDOC,notwithstanding any other provision of this Agreement, the Participant Agency will not be bound by this Section or the provisions in Addendums 2A through 2C. In general, Supplemental Funding Addendums submitted by the 15a'of a month will become effective the first of the following month. 2.1.2 If Participant Agency elects to provide Supplemental Funding or enhanced incentives under this Agreement for any device or program, Participant Agency is responsible for tracking the use of and the remaining availability of those funds. MWDOC will assist, in every way possible, but the ultimate responsibility for tracking all Participant Agency funding is the responsibility of Participant Agency. Participant Agency will ultimately be responsible for any overuse of Participant Agency Supplemental Funding. 2.1.3 Any requests for changes or revisions to Participant Agency's Supplemental Funding, including funding transfers between Programs, must be submitted by Participant Agency to MWDOC in the form of revised Addendum 2s listing the new funding amounts/limits. 2.1.4 The Participant Agency may elect to participate in the Supplemental Funding Program and be bound by the provisions of this Section 2.1, Sections 3, 5, 6, 7, and 8 of this Agreement, and Addendum 2A through 2C by having its authorized representative complete and sign Addendum 2A through 2C in the spaces provided. 2.2 MWDOC Administered Programs 2.2.2 Participant Agency may elect to take advantage of the MWDOC Administered Programs by having its authorized representative complete and sign Addendums 3A through 3C in the spaces provided. If Participant Agency completes and signs Addendums 3A through 3C, Participant Agency agrees to be bound by the provisions of this Section 2.2, Sections 3, 5, 6, 7, and 8 of this Agreement, and Addendums 3A through Page3 3C. If the Participant Agency does not complete, sign, and return Addendums 3A through 3C,notwithstanding any other provision of this Agreement, the Participant Agency will not be bound by this Section or the provisions in Addendums 3A through 3C. 2.3 Participant Agency Administered Programs 2.3.1 From time to time, funding may be made available for Participant Agency to operate a customized member agency administered local water conservation incentive program or programs ("Participant Agency Administered" "PA" or"MAA Program")in its service area and access the Metropolitan Base Incentives for such, subject to MWDOC approval of the program and the terms and conditions of this Agreement and Addendum 4. The Participant Agency Administered Program(s) and requirements in connection with it are described in more detail in Addendum 4. 2.3.2 Upon receipt of approval of a Participant Agency Administered Program by MWDOC, Participant Agency is bound by the provisions of Sections 3, 5, 6, 7, and 8 of this Agreement and Addendum 4. 2.4 Exhaustion of Funding 2.4.1 In the event Participant Agency provided funding for any Program or device is exhausted, and Participant Agency does not elect to add additional funding or transfer available funding from another Program or device, MWDOC will discontinue offering the additional rebate funding for that Program or device in Participant Agency's service area.Notwithstanding any other provision in this Agreement, MWDOC may terminate this Agreement as it relates to Section 2 at any time without prior notice in the event that MWDOC determines that funding for any device or program on Addendums 2 through 4 or MWDOC Grant Funding is exhausted, reduced, eliminated, or unavailable from any funding source, for any reason. Section 3: Participant Agency Responsibility and Ownership 3.1 Participant Agency, at its sole discretion, may independently contract with its own agents under separate agreements for program administration and management for any Participant Agency Administered Program provided that doing so does not compromise program performance, create or present a conflict of interest, or violate the terms of this Agreement. 3.2 Participant Agency and/or its agent shall provide all necessary services and materials for such Participant Agency Administered Programs including, but not limited to the following: program administration,promotion, marketing materials, data collection, and analysis, installation verification, and reporting. 3.3 All materials and supplies necessary to implement a Participant Agency Administered Program shall be the exclusive property of Participant Agency. MWDOC shall have no Page4 ownership, right, title, security interest, or other interest in any Participant Agency Administered Program materials or supplies, nor any rights duties, or responsibilities, therefor. 3.4 Participant Agency is responsible for assuring that any Participant Agency Administered Program complies with all federal, state, and local requirements. 3.5 Participant Agency agrees to cooperate with MWDOC's data management activities related to assessing device saturation and program success. 3.6 As part of any Participant Agency Administered Program, Participant Agency shall use, maintain, and submit to MWDOC within the designated timeframe an electronic database, to be approved by MWDOC prior to use, for any conservation items installed, distributed, or rebated by Participant Agency or its agents to avoid duplicate distributions and to determine the saturation rate of items by the appropriate geographic delineation. 3.7 Participant Agency is solely responsible for the performance of its staff or representatives in complying with the terms of this Agreement and for the proper allocation and appropriate use of funds provided by Metropolitan and/or MWDOC for the purpose of achieving water conservation savings under this Agreement. Section 4: MWDOC's Obligations 4.1 MWDOC will be response to Participant Agency for ensuring that timely reports on the Programs' results are prepared by MWDOC's staff. 4.2 MWDOC will develop a database of information regarding participation in the Programs and provide monthly electronic and/or written reports of activity to Participant Agency. 4.3 MWDOC will invoice Participant Agency for any Participant Agency funding obligations on a monthly basis for rebates issued in the previous month. 4.4 MWDOC does not guarantee any minimum number of rebates will be available for Participant Agency's service area. Section 5 Marketing. 5.1 Participant Agency agrees to assist in the marketing of programs it participates in under this Agreement. With regard to Participant Agency Administered Programs, Participant Agency will be solely responsible for marketing its Participant Agency Administered Program to customers in its service area. Section 6: Installation Verification 6.1 Participant Agency shall be responsible for conducting installation verifications of items installed, distributed, and/or rebated by Participant Agency under Participant Agency Page 15 Administered Programs, and/or for paying all costs associated with this verification. Installation verification measures for program devices must be designed to ensure that materials, installation verifications of eligible program devices, and services meet requirements established by Metropolitan, which requirements will be provided to Participant Agency by MWDOC. 6.2 Participant Agency may be responsible for conducting installation verifications of items installed, distributed, and/or rebated by Participant Agency or MWDOC under MWDOC Administered Programs, and/or for paying all costs associated with this verification. Installation verification measures for program devices must be designed to ensure that materials, installation verifications of eligible program devices, and services meet requirements established by Metropolitan, which requirements will be provided to Participant Agency by MWDOC. 6.3 MWDOC reserves the right to conduct installation verification of items within Participant Agency's service area. 6.4 Participant Agency acknowledges that any device receiving funding from Metropolitan may be subject to an installation verification to be performed by Metropolitan, or its agent(s), at Metropolitan's discretion. 6.5 Participant Agency shall promptly refund to MWDOC any amounts paid under any Participant Agency Administered Program or MWDOC Administered Program for installed or distributed devices in the event MWDOC or Metropolitan establishes via installation verification that the program devices were not installed. Section 7: Reporting and Invoicing 7.1 For any and all Supplemental Funding provided by Participant Agency and/or Participant Agency provided funding or inspection costs under the MWDOC Administered Programs pursuant to Section 2 of this Agreement, and as more particularly described in Addendums 2 and 3, MWDOC will invoice Participant Agency on a monthly basis for the cost of such funding, and Participant Agency must pay the full amount of such invoice within thirty (30) days of receipt of any such invoice. 7.2 For any and all Participant Agency Administered Program(s), Participant Agency will invoice MWDOC on a monthly basis, by the 10'`of each month, for any approved funding and costs associated with the Participant Agency Administered Program(s) as indicated in and subject to the provisions of Addendum 4. MWDOC is under no responsibility to reimburse Participant Agency for any costs incurred by Participant Agency that are not approved by MWDOC consistent with the terms and conditions of this Agreement and Addendum 4. The invoice package shall include a fully completed, to the satisfaction of MWDOC, Excel customer/applicant spreadsheet showing program activity, and an invoice, signed by the General Manager or designee of Participant Agency, certifying the information provided as accurate. Participant Agency shall use the Excel customer/applicant spreadsheet and Invoice forms approved by MWDOC. Page 6 7.3 Participant Agency shall maintain all Participant Agency Administered Program information, including Participant Agency applications,water bills, and purchase receipts, for a period of seven years from the end date of this Agreement. 7.4 Payment of Participant Agency invoices shall be in the form of either a credit on MWDOC's water bill to Participant Agency or a check made payable to Participant Agency. Method of payment shall be at MWDOC's discretion. Section 8: Confidentiality 8.1 MWDOC agrees to maintain the confidentiality of Participant Agency's customer names, addresses, and other information gathered in connection with this Agreement. MWDOC will not cause or permit the disclosure of such information expect as necessary to carry out any of the MWDOC Administered or Participant Agency Administered Programs, or as required by law. To the extent that MWDOC contracts with third party contractors to carry out all or any portion of any of the Programs, MWDOC will require such contractors to maintain the confidentiality of such customer information. 8.2 Notwithstanding anything to the contrary in this Agreement, Participant Agency acknowledges and agrees that MWDOC may request and use historical water consumption data for purposes of satisfying any grant water use and water quality evaluation requirements of any of the Programs. Participant Agency also acknowledges and agrees that MWDOC may also request to use Program applicant information, such as name, mailing address, site photos, and email address to market other water use efficiency programs to past applicants. A similar provision will be required of every individual applicant. Section 9. Indemnification. 9.1 The parties agree that each Party shall be responsible for its own actions, and the actions of its officers, employees, and agents, in performing services under this Agreement. Except as provided in this Agreement and its Addendums, each Parry agrees to indemnify and hold the other Party and its officers and agents harmless and agrees to defend the other Party against any claim or asserted liability arising out of its actions, either willful or negligent, or the actions of its officers, employees, and agents, in performing services pursuant to this Agreement. Such indemnity will include any losses relating to any claim made, whether or not a court action is filed, and will include attorney fees and administrative and overhead costs related to or arising out of such claim or asserted liability. 9.2 Participant Agency shall include the following language in its agreement with any consultant or contractor retained by Participant Agency to work on any of the Program" "(Consultant) agrees at is sole cost and expense to protect, indemnify, defend, and hold harmless Metropolitan, MWDOC, and their associated Boards of Directors, officers, representatives, agents and employees from and against any and all claims and liability Page 7 of any kind(including,but not limited to, any claims or liability for injury or death to any person, damage to property, natural resources or to the environment, or water quality problems) that arise out of or related to Participant Agency's approval, construction, operation,repair, or ownership of any Program. Such indemnity shall include all damages and losses related to any claim made,whether or not a court action is filed, and shall include attorneys' fees, administrative and overhead costs, engineering and consulting fees, and all other costs related to our arising out of such claim or asserted liability." Section 10. Certification re Lobbying(43 CFR 18) 10.1 The undersigned hereby certifies on behalf of Participant Agency that no Federal appropriated funds have been paid or will be paid,by or on behalf of the Participant Agency, to any person for influencing or attempting to influence an officer or employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying"in accordance with its instructions. To the extent federal funds are involved, the Participant Agency shall require that the language of this certification be included in the awards documents for any sub-awards by the Participant Agency at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that sub-recipients, if any, shall certify accordingly. Section 11. Other Terms 11.1 Any alteration or variation of the terms of this Agreement will not be valid unless made in writing and signed by both Parties. 11.2 This Agreement will inure to the benefit of and be binding upon the Parties and their respective successors. 11.3 The partial or total invalidity of one or more parts of this Agreement will not affect the intent or validity of this Agreement. 11.4 This agreement shall be deemed a contract made under the laws of the State of California, and for all purposes will be interpreted in accordance with such laws. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California, and that the venue of any action brought hereunder will be in Orange County, California. Page8 11.5 This Agreement constitutes the entire agreement between the Parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. MUNICIPAL WATER DISTRICT CITY OF NEWPORT BEACH OF ORANGE COUNTY Robert J. Hunter Dave"tiff Generalana er City Manager Date: �" Date: Is I LflIA41 S ATTEST: fi Lei ani I. Brown Uc c Zn Date: City Clerk 9�fP0 R S%P Approved as to Form: Aaron C. Harp U M 61-12Mir Cityttorney Date: �� Z?-) I Page 9 Addendum 1A FY 15-16 Metropolitan Base Incentive List - Residential (Pg. 1 of 2) Metropolitan Regional Residential Program Incentive* 1 High Efficiency Clothes Washer(HECW)(Beginning July 1,2015,just be CEE tier one or better) $85 2 High-Efficiency Toilet(HET)(single-family) $100 3 Rotating Nozzles'(For Pop-Up Spray Head Retrofits-Minimum 15 per home) $4 Weather Based Irrigation Controller(WBIC) 4 - WBIC Less than one irrigated acre $80 5 - WBIC One irrigated acre or larger $35 per station Soil Moisture Sensor System(SMSS) 6 - SM55 Less than one irrigated acre $80 7 - SMSS One irrigated acre or larger $35 per station 8 Rain Barrel $75 per barrel 9 Turf Removal(no max per home before 5/12/15) $2 per sq.ft. 10 Turf Removal(max$6,000 per home effective 5/12/15) $2 per sq.ft. Other Incentives Metropolitan Eligible in MWD-Funded/Member Agency Administered Incentive Program Incentive* Residential Surveys - Single-Family Indoor Survey-Member agency provides on-site visit, written survey for the 11 customer listing recommendations on improvements,and review of findings report with customer. Survey can be combined with either irrigation evaluation(w10 timer)or $12.50 irrigation evaluation(with timer),but not both. - Irrigation Evaluation(w10 timer)-Member agency provides the customer the findings of 12 the evaluation,makes recommendations on improvements to the irrigation system and $8 provides a watering schedule. 13 - Irrigation Evaluation(with timer)-Member agency provides the customer the findings of $18 the evaluation and provides recommended irrigation schedule. Customized Residential Projects 14 Projects that result in water savings through customized site improvements. Metropolitan $195 funding is limited to$195 per acre-foot of estimated water savings based on project life and up per acre-foot to one-half of the eligible project costs. Rotating Nozzles' 15 For Pop-Up Spray Head Retrofit. Payment will be up to the cost of the device plus appropriate $4 per nozzle administrative costs,including third party casts billed to the agency. Other Incentives Metropolitan Grant-Funded/MWD-Matched Incentives* 16 Rotating Nozzles'(For Pop-Up Spray Head Retrofits) $4 per nozzle Weather Based Irrigation Controller(WBIC)2 17 - WBIC Less than one irrigated acre $120 18 - WBIC One irrigated acre or larger $50 per station Addendum 1A FY 15-16 Metropolitan Base Incentive List - Residential (Pg. 1 of 2) 19 Turf Remova13(max$6,000 per home) $2 per sq.ft. ,. Incentive incorporates$1 permule In funds from United States Deportment of the Interior Grant Agreement No.R12AP35351,Sprinkler Nozzle Incentive Program. :. Incentive incorporates funds for weather based controllers from the United States Department of the Interior Grant Agreement No.R14AP000SS. 3. Incentive may incorporate$0.30 per square foot in fundsfrom United States Department of the Interior Gront Agreement No.R14AP00073,California Friendly Turf Replacement Incentive Program—Phase 2 and United States Department of the Interior Grant Agreement No.R14AP00075,California Friendly Turf Replacement Incentive Program —Phase 2A. Incentives are subject to the following: • Effective May 12,2015 Limited to the cost of the device when applicable • Paid on a first come,first served basis • Must be a Metropolitan approved device • Subject to available funding Addendum 1B FY 15-16 Metropolitan Base Incentive List - CII (Pg. 1 of 3) Regional CII Program Metropolitan Incentive Plumbing Flow Control Valve 1 $5 per valve (Minimum 10 required) Laminar Flow Restrictors 2 $10 per restrictor (Minimum 10 required) 3 Commercial High Efficiency Toilet(HET)—Tank Type $100 Rebates are for matching bowls& tanks. 4 Commercial High Efficiency Toilet(HET)—Flushometer $100 Rebates are for matching bowls and complete flushometer valves(valve 'kits"are ineligible) 5 Multi-Family High Efficiency Toilet(HET) $100 6 Multi-Family High Efficiency Toilet(4-Liter) $145 7 Zero Water Urinals(ZWU) $200 ZWU units must replace existing urinals flushing at 1.5 gpf or greater. Ultra Low Water Urinal (ULWU) 8 Rebates are for matching bowls and flushometer valves(valve "kits"are ineligible) $200 Must flush at<0.125 gpf, and must replace existing urinals flushing at 1.5 gpf or greater. WBIC and CCIC.Upgrades to existing equipment that enable functionality as a WBIC/CCIC may qualify for incentives provided they meet program terms and conditions. 9 Weather-Based Irrigation Controller(WBIC) $35 per station 10 Central Computer Irrigation Controller(CCIC) $35 per station 11 Soil Moisture Sensor System (SMSS) $35 per station 12 Large Rotary Nozzles $13er set Minimum 8 sets(2 each)per site required. p Rotating Nozzles' 13 For Pop-up Spray Heads Retrofits-Minimum 15 units per site. $4 per nozzle 14 In-Stem Flow Regulator $1 per regulator (Minimum 25 units per site) 15 pH-Cooling Tower Controller(pH-CTC) $1,750 16 Commercial Turf Removal (max$25,000 per property per fiscal year) $1 per sq ft. 17 Public Agency Turf Removal - Turf reserved before 5/12/15 (no max per property) $2 per sq.ft. $2 per sq.ft.( - Turf reserved after 5/12/15(max$50,000 per property perfiscal year) 3k sf) 1 per sq.ft.(>3k sf) Addendum 113 FY 15-16 CII Incentive List (Pg. 2 of 3) 18 Cooling Tower Conductivity Controller(CTCC) $625 19 Dry Vacuum Pump $125 per 0.5 HP Maximum 2 Horsepower(HP)motor. 20 Connectionless Food Steamers $485 per compartment 21 Ice Making Machines $1,000 Other Incentives Metropolitan Eligible in MWD-Funded/Member Agency Administered Program Incentives* Large Landscape Surveys Member Agency's landscape survey program shall contain the following elements for each survey site: $200 22 1)Irrigation system evaluation;2)Development of a water budget and irrigation schedule;and 3) Survey report provided an-site to the recipient or customer. per acre Incentives are limited to the full cost of the survey;no restriction on application for additional landscape device rebates. Project information data is required. Water Use Accountability Incentive Applies to professional landscape irrigation training and management. This incentive is available for a maximum of five years and up to one-half of project cost. Large residential(lot sizes one acre or more)and CII landscapes must be metered to be eligible for $3.50 23 Water Use Accountability(WUA)funding, and new construction sites are ineligible. Ifo weather- per acre/month based irrigation controller(WBIC)is installed on a site, that site is not eligible for WUA funding. Member agencies must report all direct and indirect program costs, project acreage and acre-feet usage(to the nearest one-tenth of a unit)to Metropolitan on a monthly basis, and shall certify that Metropolitan Professional California Friendly landscape training or equivalent was provided. Customized Projects 24 Projects that save water through customized site improvements. Metropolitan's funding is limited $195 to$195 per acre-foot of estimated water savings based on project life, and up to one-half of eligible per acre-foot project costs. Rotating Nozzles' $4 25 For Pop-up Spray Heads Retrofits Payment will be up to the cost of the device plus appropriate per nozzle administrative costs, including third party costs billed to the agency Other Incentives Metropolitan Grant-Funded/MWD-Matched Incentives* Rotating Nozzles' 26 $4 per nozzle For Pop-Up Spray Head Retrofits 27 Weather-Based Irrigation Controller(WBIC)z $50 per station 28 Commercial Turf Removal (max$25,000 per property per fiscal year)' $1.30 per sq.ft. Addendum 16 FY 15-16 CII Incentive List (Pg. 3 of 3) 3. Incentive incorporates$1 per nozzle in funds from United States Department of the Interior Grant Agreement No.R12AP35351, Sprinkler Nozzle Incentive Program. I. Incentive incorporates funds for weather based controllers from the United States Department of the Interior Grant Agreement No.R14AP00055. 3 Incentive Incorporates$0.30 persquare foot in funds from United States Department of the Interior Grant Agreement No.R14AP00073, California Friendly Turf Replacement Incentive Program—Phase 2 and United States Department of the Interior Grant Agreement No.R14AP00075,California Friendly Turf Replacement Incentive Program—Phase 2A,while funds last. Metropolitan Additional Regional Programs * Incentives Public Agency Landscape Program Up front enhanced incentives for public agencies to install water-efficient landscape devices. This program will run through June 30,2016. 29 Weather-Based or Central Computer Irrigation Controller,Soil Moisture Sensor System $55 per station 30 Large Rotary Nozzles $13erset Minimum 8 sets per application. p Rotating Nozzles 31 For pop-up spray head retrofits. Minimum 15 nozzles per site. $6 per nozzle Targeted Fitness Center Incentive Program HETS, ULWUs and ZWUs:Must be WaterSense labeled devices, where available. This program will run through June 30, 2016. Incentive limited to cost of device plus installation. Rebates are for matching bowls& tanks or matching bowls and flushometer valves. 32 Commercial High Efficiency Toilet(HET)—Tank Type or Flushometer $300/HET 33 Zero Water Urinals(ZWU)and Ultra Low Water Urinal(ULWU) $500/Urinal *Incentives are subject to the following: • Effective May 12,2015 • Limited to the cost of the device when applicable • Paid on a first come,first served basis • Must be a Metropolitan-approved device • Subject to available funding Addendum 2A FY 15-16 Residential Program Participant Agency Supplemental Funding Authorization (Pg. 1 of 1) Regional Incentive Program Metropolitan Participant Agency Total Incentive Incentive Incentive High Efficiency Clothes Washer(HECW) $85 $ $ High-Efficiency Toilets(HET) (Melded Rate) (Single-family) $50 $ $ Rotating Nozzles' $4 $ $ Rain Barrels $75 $ $ 'Includes grant funding, when grant funds are available Check here❑ if the supplemental incentives are flat regardless of actual device cost Select one: Check here❑ if the supplemental incentives are limited to the actual device cost (Actual device cost is the retail price of the device excluding tax,shipping,labor or other charges) If Participant Agency has complex or more detailed requirements or wishes to stop their funding,please check this box, El sign this form and attach a spreadsheet or other documentation showing funding details. Participant Agency Name CTt} Authorized Funding $ Add/Subtract Additional Funds' $ Total Authorized Funding $ Start Date: End Date: Zlf this is not the first form this fiscal yea,indicate amount of funding being added or subtracted. This funding authorization is effective only for the period designated by the Participant Agency above,or until a new authorization is approved and implemented by Metropolitan's vendor. Each form submitted shall include the total authorization of the Agency for the specified time period. No funds will be carried over from prior forms. Supplemental funding forms received by M WDOC by the 15`h of a month will be sent to Metropolitan by the 20th of a month. Funding forms received by Metropolitan by the 201h of a month shall become effective on the first day of the following month unless a later Start Date is specified. Incentives will not be applied retroactively. Participant Agency is obligated to pay supplemental funding for any on-line commitments made while this authorization is in effect. By signing, Participant Agency agrees to these terms. APPROVED AS TO FOFM CITY ATT�EY'S -1 2 AuthoriAllobnature General Manager/Designee Date MWDOC Date received: Approved by Use Only: Date sent to Metropolitan: Comments: Addendum 2B FY 15-16 CII Program Participant Agency Supplemental Funding Authorization (Pg. 1 of 2) Regional Incentive Program Metropolitan Participant Agency Total Incentive Incentive Incentive Plumbing Flow Control Valve $5 each $ I'' A' $ Laminar Flow Restrictors $10 per Restrictor $ $ Commercial HET—Tank Type $100 $ $ Commercial HET—Flushometer $100 $ $ Multi-Family HET $ 100 $ $ Multi-Family HET(4-Liter) $14S $ $ Zero Water Urinals(ZWU) $200 $ $ Ultra Low Water Urinal(ULWU) $200 $ $ Large Rotary Nozzles $13 per Set $ $ Rotating Nozzles for Pop-up Spray Heads Retrofits' $4 per Nozzle $ $ In-Stem Flow Regulator $ 1 per Regulator $ $ pH-Cooling Tower Controller(pH-CTC) $1,750 $ $ Cooling Tower Conductivity Controller(CTCC) $625 - $ � $ Dry Vacuum Pump $125 per 0.5 HP $ $ i Connectionless Food Steamers $485 per compartment $ $ Ice-Making Machines $1,000 $ $ Public Agency Landscape WBIC,CLIC,and SMSS $55 per Station $ $ i Public Agency Landscape Large Rotary Nozzles $ 13 Per Set $ $ i Public Agency Landscape Rotating Nozzles $6 per Nozzle $ $ Fitness Center HETTank Type or Flushometer $300 per HET $ $ Fitness Center Urinals ZWU and ULWU $500 per Urinal $ $ Addendum 213 FY 15-16 CII Program Participant Agency Supplemental Funding Authorization (Pg. 2 of 2) Check here❑ if the supplemental incentives are flat regardless of actual device cost Select one: Check here❑ if the supplemental incentives are limited to the actual device cost (Actual device cost is the retail price of the device excluding tax,shipping,labor or other charges) If Participant Agency has complex or more detailed requirements,or wishes to stop their funding,please check ❑ this box,sign this form and attach a spreadsheet or other documentation showing funding details. Participant Agency Name r Authorized Funding $ l% Add/Subtract Additional Funds' $ j Total Authorized Funding $ Start Date: End Date: 1. Includes grant funding, when grant funds are available. 1. if this is not the first form for this fiscal year,indicate amount of funding being added or subtracted This funding authorization is effective only for the period designated by the Participant Agency above, or until anew authorization is approved and implemented by Metropolitan's vendor. Each form submitted shall include the total authorization of the Agency for the specified time period. No funds will be carried over from prior forms. Supplemental funding forms received by MWDOC by the 15Th of a month will be sent to Metropolitan by the 20th of a month. Funding forms received by Metropolitan by the 20`h of a month shall become effective on the first day of the following month unless a later Start Date is specified. Incentives will not be applied retroactively. Participant Agency is obligated to pay supplemental funding for any on-line commitments made while this authorization is in effect. By signings, Participant Agency agrees to these terms. Participant Agency G t �`� 1 � 1- )�� APPROVED AS TO FORM: CRY ATTORNEYS OFFICE Date: -z � �13t11S Authorizin ignoture General Manager Date /Designee �•Aam a HwP. Ni 90-m- MWIDOC Date received: Approved by Use Only: Date sent to Metropolitan,if applicable: Comments: Addendum 2C FY 15-16 Participant Agency Supplemental Funding Authorization for Water Savings Incentive Program Participant Agency Incentive(per 1,000 gal/yr) Supplement to Metropolitan's funding11 for Water Savings Incentive Program $ ��/� Participant Agency C-� ��J nl�- UPcl.>,�rx- _RXx c_h Total Authorized Funding* $ Start Date: End Date: *This authorization represents the Participant Agency's total funding for the period. This funding authorization is effective for only the period designated by the Participant Agency above or until a new authorization is approved and implemented by Metropolitan. Each form submitted shall include the total authorization of the Agency for the specified time period. No funds will be carried aver from prior forms. Incentives will not be applied retroactively. Water Savings Incentive Program projects are typically multi-year projects with incentives paid in subsequent years. Participant Agency is required to authorize the project prior to MWDOC and Metropolitan's approvals. Participant Agency is obligated to pay supplemental funding for any projects MWDOC and Metropolitan approve while this authorization is in effect. MWDOC will invoice for the supplemental funding portion of incentives when incentives are paid to the customer. Participating Agency shall reimburse MWDOC for any supplemental funding that the Participant Agency fails to provide as represented above and that MWDOC and/or Metropolitan provided or became obligated to provide on the Participant Agency's behalf. The terms of this authorization may be modified only in writing by authorized representatives of Participant Agency and MWDOC. By signing, Participant Agency agrees to these terms. �137t(,s Authorizing ignature General Manager/Designee Date MWDOC Date received: Approved by Use Only: Date sent to Metropolitan,if applicable: Comments: APPROVED AS TO FORM: CITY A EY'S CIFFICE Aaron C)L:CK�YMWmw Addendum 3A FY 15-16 Smart Timer Rebate Program Participant Agency Funding Authorization With regard to the Smart Timer Rebate Program, Participant Agency is eligible for additional Grant Funding from MWDOC ("MWDOC Smart Timer Funding"), when funding is available, only if Participant Agency provides supplemental funding for the Smart Timer. Residential Smart Timers: Participant Agency agrees to provide funding for the Smart Timer Rebate Program in the amount specified in Table 1 below per residential weather based irrigation controller or soil moisture sensor system (Res Smart Timer). Funding will be provided on a per device basis up to the "Not to Exceed" funding limit: Table 1 Category Participant Agency Not to Exceed Funding Limit Funding Amount For Fiscal Year 2015-2016 Res Smart Timer 1 $75 per Res Smart TimVer $ 2 F 000 Commercial Smart Timers: If Participant Agency elects to provide additional funding for commercial weather based irrigation controllers, central computer irrigation controller, or soil moisture sensor system (CII Smart Timer), Table 2 below shall list the Participant Agency's funding amount per CII Smart Timer station. CII Smart Timer rebates are calculated on the CII Smart Timer's station capacity, and Participant Agency's funding amounts shall be in addition to the per station amount provided by Metropolitan. Table 2 Category Participant Agency Not to Exceed Funding Limit For Funding Amount Fiscal Year 2015-2016 CII Smart Timer $ �per Station $ This funding authorization is effective only for the designated period or until a new authorization is received and approved by MWDOC. Each form submitted shall include the total authorization of the Agency for the specified time period. Supplemental funding forms received by MWDOC by the 15th of a month will be sent to Metropolitan by the 20th of a month. Funding forms received by Metropolitan by the 201h of a month shall become effective on the first day of the following month unless a later Start Date is specified. Incentives will not be applied retroactively. Participant Agency is obligated to pay supplemental funding for any on-line commitments made while this authorization is in effect. By signing,Participant Agency agrees to these terms. APPROVED AS TO FORM. Participant Agency Gt � ®F �C�lt' f k i� CITYA SOFFICE 3i11� Dats� Authors Signature General Manag /DFl esignee Date Date received: Approved by Date sent to Metropolitan,if applicable: Addendum 3B FY 15-16 Turf Removal Rebate Program Participant Agency Funding Authorization (Page 1 of 3) Site Inspection; Election by Participant. Participant Agency must either (1) conduct pre- and post-turf removal site inspections for all Program Applications submitted to MWDOC from within the Participant's service area, or(2) provide funding to MWDOC, as set forth below, for the cost of MWDOC's site installation inspection consultant, Mission Resource Conservation District (MRCD), to conduct both pre- and post-turf removal inspections. If Participant Agency elects to perform the pre- and post-turf removal inspections, Participant Agency shall be responsible for the activities described below: For pre-turf removal inspections: • Schedule and conduct the pre-turf removal inspection, • Complete the pre-turf removal work order, as provided by MWDOC, with the required data and site photographs • Establish that the applicant's proposed project and site are consistent with the intent of the Program. • Notify MWDOC If any site is being irrigated with recycled water. • Submit the completed work order and site photographs to MWDOC. • Recommend to approve or deny the application. If MWDOC staff agrees with the recommendation, it shall approve the application, designate the site as an eligible Program turf removal project, and issue a Notice to Proceed to the applicant, or reject the application and issue a Participation Denial Notice to the applicant. The final decision on a Notice to Proceed lies with MWDOC. For post-turf removal inspections: • Schedule and conduct the post-turf removal inspection • Complete the post-turf removal work order, as provided by MWDOC, with the required data, site photographs, and receipts • Establish that the applicant's completed project and site are consistent with the intent and guidelines of the Program, including the following. o The site's precise turf removal area in square feet that was removed. This shall be the basis for calculating the amount of each site's rebate, not to exceed initial pre-turf removal inspection measurements, and the total turf removal project cost. o The site's turf removal area does not include any live turf or turf-looking grasses. o The project area must include some plants. o The converted area's irrigation system, if any, is a low flow system (drip, bubblers, or low-precipitation high-efficiency rotating nozzles). If part of a lawn is converted, the sprinkler system must be properly modified to provide adequate coverage to the remaining lawn without spraying the converted area. o All exposed soil in the converted area is covered with a 2-3" layer of mulch, except in areas planted with creeping or rooting groundcovers. Addendum 3B FY 15-16 Turf Removal Rebate Program Participant Agency Funding Authorization (Page 2 of 3) o Converted area is permeable to air and water. Weed barriers must be permeable. Pavers must have sufficient spacing to allow water to permeate project area. Concrete, plastic sheeting or other impermeable surfaces do not qualify for incentives under the Program. o No invasive plant species are used. At the time of this Addendum, the residential turf removal inspection cost as charged to MWDOC by MRCD is $105 per residential inspection. The total cost for both pre and post-turf removal residential inspections is thus $210.00. The current commercial inspection cost as charged to MWDOC by MRCD is approximately$165.36 per inspection, based on an average of four (4) hours for a small commercial site at$37.84 per hour, plus $28 per hour for inspection verification administration. Again, two commercial inspections are required, for a total estimated cost of$330.72. Should the MRCD costs decrease or increase, MWDOC will pass these changes through to Participant Agency. By its initials below, Zea &-- hereby elects to either: Name of Participant Agency (1) Conduct its own inspections: Initials Here or (2) Provide funding to MWDOC to conduct inspections: Initials Here Not to exceed funding amount to conduct $ Z5 QOa Inspections Participant has the option to provide supplemental funding to customers in its service area to further incentivize turf removal program participation. By completing Table 3 below, Participant Agency elects to provide supplemental funding for turf removal rebate incentives Table 3—Turf Removal Supplemental Funding Not To Exceed Participant Program Funding for Fiscal Agency Funding Notes/Special Considerations Year 15-16 Amount per S uare Foot Residential Turf Removal $ 1=1- $ CII Turf Removal $ Addendum 3B FY 15-16 Turf Removal Rebate Program Participant Agency Funding Authorization (Page 3 of 3) This funding authorization is effective only for the designated period or until anew authorization is received and approved by M WDOC. Each form submitted shall include the total authorization of the Agency for the specified time period. Supplemental funding farms received by MWDOC by the 15`h of a month will be sent to Metropolitan by the 20th of a month. Funding forms received by Metropolitan by the 20`h of a month shall become effective on the first day of the following month unless a later Start Date is specified. Incentives will not be applied retroactively. Participant Agency is obligated to pay supplemental funding for any on-line commitments made while this authorization is in effect. By signing, Participant Agency agrees to these terms. APPROVED AS TO FORM: CITY ATrORNEY. OFFIC Participant Agency C1 �--! n� ' GC"_) fie• Authorizing S—ignbture General M nagtr/Designee Date Date received: Approved by Aar C. Harp,COY E1tt0 ey Date sent to Metropolitan,if applicable: Addendum 3C FY 15-16 Spray to Drip Irrigation Rebate Program Participant Agency Funding Authorization (Page 1 of 2) Site Inspection; Election by Participant. Participant Agency must either (1) post-drip conversion site inspections for all Program Applications submitted to MWDOC from within the Participant's service area, or (2) provide funding to MWDOC, as set forth below, for the cost of MWDOC's site installation inspection consultant, Mission Resource Conservation District (MRCD), to conduct the post-drip conversion inspections. If Participant Agency elects to perform the post-drip conversion inspections, Participant Agency shall be responsible for the activities described below: For post-turf removal inspections: • Schedule and conduct the post-drip conversion inspection • Complete the post-drip conversion work order, as provided by MWDOC, with the required data, site photographs, and receipts • Establish that the applicant's completed project and site are consistent with the intent and guidelines of the Program, including the following. o Property type (residential/commercial) o Verified number of pressure regulation/filtration components o Verified project area in square footage. At the time of this Addendum, the residential post-drip conversion inspection cost as charged to MWDOC by MRCD is $105.00 per residential post- drip conversion inspection. The current commercial inspection cost as charged to MWDOC by MRCD is approximately $165.36 per inspection, based on an average of four (4) hours for a small commercial site at $37.84 per hour, plus $28 per hour for inspection verification administration. Should the MRCD costs decrease or increase, MWDOC will pass these changes through to Participant Agency. By its initials below, C17--J D+— hereby elects to either: Name of Participant Agency (1) Conduct its own inspections: Initials Here or (2) Provide funding to MWDOC to conduct inspections: Initials Here Not to exceed funding amount to conduct $ l o, 000 Inspections Addendum 3C FY 15-16 Spray to Drip Irrigation Rebate Program Participant Agency Funding Authorization (Page 2 of 2) Participant has the option to provide supplemental funding to customers in its service area to further incentivize spray to drip conversion program participation. By completing Table 4 below, Participant Agency elects to provide supplemental funding for spray to drip conversion rebate incentives Table 4—Spray to Drip Rebate Supplemental Funding Not To Exceed Participant Program Funding for Fiscal Agency Funding Notes/Special Considerations Year 15-16 Amount per Square Foot Residential Spray $ Q $ , to Drip I'1 �1 4 r CII Spray to Drip $ $ This funding authorization is effective only for the designated period or until a new authorization is received and approved by MWDOC. Each form submitted shall include the total authorization of the Agency for the specified time period. Supplemental funding forms received by MW DOC by the 15`" of a month will be sent to Metropolitan by the 20th of a month. Funding forms received by Metropolitan by the 2o"'of a month shall become effective on the first day of the following month unless a later Start Date is specified. Incentives will not be applied retroactively. Participant Agency is obligated to pay supplemental funding for any on-line commitments made while this authorization is in effect. By signing, Participant Agency agrees to these terms. APPROVED AS TO FORM: ,�n� 1 t CRY R OF EY'S FICE Participant Agency C,1 ry CR' /Uaa JC4 T�Cr t Date' _ �13111� Authoriz-106 Signature General Manager/Designee Date By: Date received: Approved by Date sent to Metropolitan,if applicable: 7