HomeMy WebLinkAboutC-6228(A) - MOU for Participation in the Dedicated Irrigation Meter Area Measurements ProjectDocuSign Envelope ID: F370CF90-6486-464E-B46B-2BBAEF3406A9
CITY OF NEWPORT BEACH, MWDOC, AND NV5G/QUANTUM SPATIAL ("Parties")
MEMORANDUM OF UNDERSTANDING ("MOU")
FOR PARTICIPATION IN THE
DEDICATED IRRIGATION METER AREA MEASUREMENTS PROJECT
The Municipal Water District of Orange County ("MWDOC") is working with Orange County
retail water agencies to implement the Dedicated Irrigation Meter Area Measurements Project
("Project"). NV5 Geospatial, doing business as Quantum Spatial ("NV5G"), has been selected by
MWDOC through a request for proposals process to implement the Project in partnership with
Orange County retail water agencies and has a contract with MWDOC to do so.
Section 1. Roles and Responsibilities
1.1 City of Newport Beach ("Agency") Roles and Responsibilities:
1. Submit Agency questionnaire form, attend data overview meetings with MWDOC, and
provide data ("Data") as defined in Section 2, in a timely manner. Respond to MWDOC
and NV5G in a timely manner.
2. Review data and map products from NV5G, and submit markups and changes in a timely
manner.
3. Work with NV5G to coordinate outreach to dedicated landscape meter customers in a
timely manner.
1.2 NV5G's Roles and Responsibilities:
1. Analyze participating Agency billing system queries to identify dedicated irrigation meter
customers, customer type (such as parks or homeowner associations), their water usage
and their likely location in the Agency's service area.
2. Create an agreed upon customer contact list with participating Agency and NV5G with
specific locations for potential in -field visits (if necessary) at the water meter locations.
3. Schedule outreach to customers, including phone -based meetings, virtual conference calls
or, as a fallback option, in -field meetings.
4. For the customers on the contact list, calculate the area measurements and geo-
referenced boundaries for the three following categories: 1) Meter Service Area (may
represent an aggregate area for the premise if comprised of multiple meters to an
account), 2) irrigated area, and 3) irrigable area.
5. Along with the meter service area, NV5G will create one of the following:
a. A meter service area point that is within the new Meter Service Area,
b. A meter location point that is representative of the actual meter location, or
c. Neither "a", or "b" if the retail water Agency's meter location (or existing meter
service area point) is within the Project's meter service area and is already
available to NV5G.
6. Work with the Agency and its customer to digitize the irrigated and irrigable areas and area
classifications within the Meter Service Areas included on the contact list.
7. Provide the imagery used, new polygons generated, and, if applicable, new efficiency budgets
created through this Project on a web -based application that the Agency is able to utilize.
8. In addition to the new polygons, provide the Agency the new efficiency budgets in tabular
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format as follows:
Customer
Other Data
Customer
Associated
Meter
Meter
Irrigated
Irrigable
ID from
Associated
Type
APN(s)
Location
Service
Area
Area
Billing
with
(such as
or Meter
Area
(Area
(Area
System
Customer
park)
(Area
Service
(Area
Measurement)
Measurement)
measurement)
such as
Measurement)
Such As
Area
measurement)
Points
Meter(s)
Meter(s)
Points
(Lat/Long)
Size
(Lat/Long)
1.3 MWDOC Roles and Responsibilities:
1. Overall project management and coordination.
2. Maintain data for grant reporting purposes, including the data listed in the table below:
Other Data
Customer
Associated
Meter
Meter
Irrigated
Irrigable
Associated
Type (such
Location or
Service Area
Area
Area
APN(s)
with
as park)
Meter
(Area
(Area
(Area
Customer
Service Area
measurement)
Measurement)
Measurement)
Such As
Points
Meter(s)
(Lat/Long)
Size
3. Manage NV5G to ensure compliance with all applicable federal and state laws, rules,
regulations and guidelines.
Section 2. Data Definition
"Data" includes but is not limited to extracted water service account data in .csv text format,
further described in the following fields:
1. ID (unique identifier, link to GIS and/or other systems),
2. Account Name (name on account),
3. Lat/Long (geographic coordinates of either the meter location or the service point),
4. Service Address (address of service location),
5. APN (assessor parcel number of service),
6. Service Type (type of water service, e.g. single-family, multi -family, commercial,
industrial, fire, hydrant, etc.),
7. Meter Size (size of water service connection),
8. Number of building units associated with meter, and
9. Account Status (active or inactive water service).
Section 3. Non -Disclosure of Data
3.1 Protections: The Data to be disclosed under this MOU is described as: Agency's water
customer utility usage data that is protected from disclosure pursuant to Government Code
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Section 6254.16. The Data is being disclosed to NVSG and MWDOC solely under Government
Code Section 6254.16(b), which provides for disclosure to another governmental agency. Such
disclosure shall not be deemed any other type of disclosure that could potentially result in any
alleged waiver of the confidentiality of the Data. NVSG and MWDOC shall each be solely
responsible for compliance with the obligations herein by their respective officers, employees,
or agents. Agency acknowledges and agrees that certain of the Data is publicly available and
MWDOC may be required to disclose some Data as a matter of law.
3.2 Effective Dates: This MOU covers Data that is disclosed between the Effective Date, which
commences on the last date of execution of this MOU, and for two (2) years following said
Effective Date. Any disclosure, whether intentional or inadvertent, which takes place after said
2 -year period, shall nevertheless be subject to the same protections under this MOU.
3.3 Permitted Use: Neither NVSG nor MWDOC shall use the Data for any purpose other than in
connection with said work, as more particularly described in this Section 3.3, Permitted Use. In
addition, NVSG and MWDOC shall each take all reasonable precautions to prevent inadvertent
use, copying, downloading, or transfer of Data that could lead to disclosure of the Data. The
Data shall only be used for implementing the Project as described in this MOU.
3.3a. NVSG shall have access to the full scope of the Data defined in Section 2.
3.3b. MWDOC shall have access to the service addresses of customers who are eligible
to participate in the project, meter size, water volume recently used, and the data that
NVSG develops (landscape measurement areas and classifications).
3.4 License and Charges: The parties will perform their respective obligations hereunder
without charge to the other, except for any contracts between MWDOC and NVSG. No license
or conveyance of any right to either party is granted or implied by the disclosure of Data by
Agency except as provided herein. No right to use is warranted by Agency by the furnishing of
Data to NVSG.
3.5 Commitments: This MOU does not grant to either party the right to make commitments of
any kind for or on behalf of the other party without the prior written consent of said other
party.
Section 4. Amendments and Termination
4.1 Amendments: This MOU can be amended only in writing and must be mutually agreed to
and signed by all the Parties.
4.2 Termination: Agency may terminate this MOU by providing MWDOC and NVSG with thirty
(30) days' written notice stating that they will no longer participate in the Project and are
terminating the MOU with the parties. MWDOC may terminate this MOU with Agency by
providing NVSG and Agency with thirty (30) days' written notice of its intention to terminate.
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Section 5. Indemnification
The Parties hereby agree to defend, indemnify, and hold free and harmless each other from
and against any and all liability, expense, including defense costs and legal fees, and claims for
damages of any nature whatsoever, arising from or connected that Party's activities under this
MOU.
BY SIGNING BELOW, THE PARTIES AGREE TO BE BOUND BY THE PROVISIONS OF
THIS MOU
MWDOC
AGENCY:
CITY OF NEWPORT BEACH
NV5G d/b/a QUANTUM
SPATIAL
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Dated:
11/3/2021 1 9:09 AM
E3285F9B8EC9497...rUit,l/u
Dated:
10/29/2021 1 10:56 AM
6 ed:
DT 'O to I�
Name Robert J. Hunter
General Manager or
Designee
Name: Grace K. Leung
Title: City Manager
Andrew Brenner
Senior Program Director
APPROVED AS TO FORM:
CITY ATTORNW'S OFFICE
Date: lam/
HCti
I Foe
/onC. H a Attmey
Attest:
Leilani I. Brown, MMC, City Clerk
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