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HomeMy WebLinkAboutC-4381 - Participation in the Weather Based Irrigation Timer Rebate Program for Single-Family residential and Commercial PropertiesAgreement Between the City of Newport Beach and the Municipal Water District of Orange County for Participation in the Weather Based Irrigation Timer (Smart Timer) Rebate Program \ for Single-Family Residential and Commercial Properties This Agreement is made by and between the Municipal Water District of Orange County ( "MWDOC"), and the City of Newport Beach ( "Participating Agency "), for participation and co- funding of i a Smart Timer Rebate Program for Single Family Residential and Commercial Properties ( "Program ") to be offered in Participating Agency's service area. RECITALS WHEREAS, MWDOC has developed and arranged for Grant funding through other sources for a Program to provide enhanced rebates, beyond Metropolitan Water District of Southern California's ( "Metropolitan ") basic rebate funding levels to owners of single family residences and commercial properties to encourage them to retrofit existing operable irrigation timers with devices that control the amount of water used based upon weather conditions ( "Smart Timers "); and WHEREAS, Program funding is sufficient to provide rebates for up to Two Thousand, Five Hundred (2,500) Smart Timers installed by qualified applicants in the Program area. Participating Agency is eligible to participate in the Program and agrees to provide funding at the amount per residential Smart Timer specified in Table 1 below and, if Participation Agency so elects, at the amount per commercial Smart Timer station specified in Table 2 below, up to the °Not to Exceed Funding Limits" set forth in Tables 'I and 2; and WHEREAS, MWDOC through its contract with both Metropolitan and its installation inspection and verifications consultant will conduct up to 100% installation verification of commercial and residential Smart Timer installations; and WHEREAS, the Program's objectives are to achieve savings in water consumption, reduce water runoff to storm drains and natural water bodies, and promote the goals of the Best Management Practices. AGREEMENT NOW, AND THEREFORE, it is agreed by MWDOC and Participating Agency as follows: 1. Residential Properties: MWDOC will contract for rebate services with Metropolitan ( "Rebate Contractor ") to access their "SoCal Water Smart" residential rebate program for Smart Timers. A prospective residential applicant who wants to participate in the Program must visit the Program's website at www.socalwatersmart.com to fill out an online rebate application. Upon completion of the online application, the Rebate Contractor will provide the prospective applicant, via email, with an online application confirmation notice and instructions for mailing in, within 60 days of the application confirmation notice, the Smart Timer purchase receipt indicating brand, model, price, and any installation costs, and a copy a recent water bill for the site where the Smart Timer will be installed. The Rebate Contractor will check each returned application for completeness and determine the eligibility of the applicant to participate in the Program. Through the application process, all residential Smart Timer applicants must agree to on -site installation verification as a condition for participation in the Program. Not all residential Smart Timer applicants will be subject to on -site installation verification. MWDOC will be responsible for determining whether a particular installation will be inspected and the manner of verification required, if any. MWDOC will work with the Rebate Contractor to facilitate final rebate processing and issuance of the rebate check 2. Commercial Properties: MWDOC will contract for rebate services with Rebate Contractor to access its "SoCal Water Smart" commercial rebate program for commercial Smart Timers. A prospective commercial applicant who wants to participate in the commercial Smart Timer Rebate Program must contact the Rebate Contractor at www.socalwatersmart.com to request a rebate reservation number prior to the purchase and installation of a Program eligible Smart Timer. If approved through the online reservation process, applicant will receive, via email, a reservation number and confirmation notice. Note that securing a reservation is a threshold requirement, and any attempt by a prospective commercial applicant to purchase a Smart Timer first and then secure a reservation will be rejected by the Rebate Contractor. The reservation confirmation notice will advise the applicant to purchase and install the commercial Smart Timer and, upon completion of installation, to return to the www.socalwatersmart.com website to complete a rebate application. Upon completion of the rebate application, a rebate confirmation e -mail will be sent to the applicant, with instructions to submit, via fax, e -mail or regular mail, a copy of a current water bill and the purchase receipt for the installed commercial Smart Timer. Through the application process, all commercial Smart Timer applicants must agree to on -site installation verification as a condition for participation in the Program. Not all commercial Smart Timer applicants will be subject to on -site installation verification. MWDOC will be responsible for determining whether a particular installation will be inspected and the manner of verification required, if any. MWDOC will work with the Rebate Contractor to facilitate final rebate processing and issuance of the rebate check. 3. MWDOC's Obligations: MWDOC will be responsible for designing the Program, setting the rebate level paid to a qualified applicant, providing all necessary staffing, materials, and administration to manage and implement the Program, and preparing reports on the Program's results through contractors and its own staff. These services will include: • Providing marketing and informational material for the Program, except as noted in the Participating Agency Obligations section of this Agreement; • Working with Metropolitan and its Rebate Contractor to establish eligibility requirements for prospective Program applicants; • Providing a website, a toll -free telephone number, and printed informational materials for prospective applicants to learn about the Program and the steps to participate; • Informing applicants about the eligible Smart Timer technologies and where they may purchase an appropriate Smart Timer. (Purchase, installation and functioning of Smart Timers will be the responsibility of the property owner, and applicants will be required to waive and release any claims against MWDOC, Metropolitan, and the Participating Agency in order to receive a rebate); • Facilitating quality control, verification of installation of Smart Timers, and collection of data; • Using Metropolitan's minimum per residential Smart Timer funding, MWDOC's acquired Grant Funds, and Participating Agencies required per residential Smart Timer funding as stated in Table 1 below, setting the residential per Smart Timer enhanced rebate levels paid to applicants. • If the Participating Agency wishes to add additional funds for commercial Smart Timers, as stated in Table 2 herein, above the minimum amount funded by Metropolitan to increase the commercial rebate level, MWDOC will facilitate the Participating Agency's additional funding with the Program's Rebate Contractor; • Facilitating payment, through the Rebate Contractor, to both residential and commercial rebate participants who have completed the participation requirements as provided herein to the satisfaction of MWDOC; • Developing a database of information regarding Program participation, including the types of Smart Timers for which rebates are given; • Providing monthly written reports of Program activity to Participating Agency; • Invoicing Participating Agency, on a monthly basis, for the funding amount per residential Smart Timer as stated in Table 1, up to the "Not to Exceed" amount set forth in this Agreement. Invoicing will include the number of devices, the location, and the funding provided; • If Participating Agency elects to increase the commercial Smart timer rebate at the levels shown in Table 2, MWDOC will invoice Participating Agency for those associated costs up to the °Not to Exceed" amount set forth in this Agreement; • When on -site Smart Timer installation verification inspection is conducted by MWDOC's verification consultant, MWDOC will direct the verification consultant to facilitate the issuance of inspection notifications and on -site verifications for residential and commercial Smart Timers within Participating Agency's service area; • MWDOC will work with the Rebate Contractor to track rebates paid to qualified residential and commercial applicants in order to limit the total number of rebates issued within Participating Agency's service area and assure that the total of the residential "per Smart Timer" and commercial "per station" rebate contributions are within the "Not to Exceed" amounts shown in Table 1 and 2, below; • Residential or commercial rebates will be offered on a first come -first served basis while Program funding lasts. Therefore, if residential applications received from Program applicants throughout MWDOC's implementation area exhaust the number of rebates available under the Program, rebates may not be available within Participating Agency's service territory up to the maximum "Not to Exceed" number provided herein. MWDOC does not guarantee any minimum number of rebates will be available for Participating Agency's service area. + MWDOC agrees to maintain the confidentiality of Participating Agency's customer names, addresses and other information about the Program applicants gathered in connection with the Program, and will not cause or permit the disclosure of such information except as necessary to carry out the requirements of the Program. To the extent MWDOC contracts with third -party contractors to carry out all or any portion of the Program, MWDOC will require the contractors to maintain the confidentiality of said customer information. 4. Participating Agency Obligations: ..,, Participating Agency agrees to the following: + Participating Agency will use reasonable efforts to assist MWDOC with the marketing of the Program within the Participating Agency's service area. Participating Agency will distribute MWDOC- produced marketing material through its direct communication with customers within its service territory. This can be accomplished through the use of bill inserts, by placing marketing material at Participating Agency customer service counters, and by various means of directly advocating the Program to the public. The fact that Participating Agency elects to provide marketing shall not offset or otherwise reduce the Participating Agency's funding obligation; • Participating Agency agrees to provide funding for the Program in the amount specified in Table 1 below per residential Smart Timer. Funding will be provided on a per Smart Timer basis up to the "Not to Exceed" funding limit: Table 9 Category Funding Not to Exceed Funding Amount Limit; For Fiscal Years _. 2013 -14 and 2014 -15 !, Residential $75 per Smart $38,000 Timer If Participating Agency elects to provide additional funding for commercial Smart Timers, Table 2 below shall list the Participating Agency's funding amount per commercial Smart Timer station. Commercial Smart Timer rebates are calculated on the commercial Smart Timer's station capacity, and Participation Agency's funding amounts shall be in addition to the per station amount provided by the Program. Table 2 Category Funding Not to Exceed Funding Limit; Amount For Fiscal Years 2013 -14 and 2014 -15 Commercial $0 per Station $0 Smart Timer • Participating Agency agrees to pay, within thirty (30) days of the date of the invoice, all monthly invoices issued by MWDOC to Participating Agency. • Participating Agency may increase its "Not to Exceed" Funding Limits under this Letter Agreement by written notice to MWDOC's General Manager made by the undersigned representative of the Participating Agency or his or her successor. Any increase must follow the form in Tables 1 — 2, and written notice of an increase must be received prior to the exhaustion of available funding. By participating in this Program, the Participating Agency acknowledges and agrees that MWDOC is permitted to use historical water consumption data for purposes of satisfying any grant water use and water quality evaluation requirements of the Program. A similar agreement will be required of every applicant. 5. Indemnification: MWDOC has designed the Program as a rebate program in which the applicant is solely responsible for selecting, purchasing, and installing the Smart Timer. The applicant will be required to sign a release and waiver of any claims against MWDOC, the Participating Agency, and any other funding agency as a condition of participating in the Program. To the extent MWDOC or the Participating Agency or their staff performs any activities in connection with the Program, each agrees to indemnify and hold the other, and Metropolitan, harmless from any and all liability, claims, obligations, damages and suits arising out of its negligence or liability without fault in the performance of such activities, except to the extent such liability, claims, obligations, damages or suits arise from the other's, or Metropolitan's, negligence or liability without fault. 6. Term: The Program commenced on or about September 1, 2004, and until June 30, 2013 was covered under separate, previous agreements. Effective July 1, 2013, this agreement supersedes all previous agreements between MWDOC and Participating Agency regarding Smart Timer rebate programs and will continue until June 30, 2015 or the until the targeted number of rebates (the funding) has been exhausted, whichever occurs first ("Program Expiration"). Prior to reaching the "Not to Exceed" funding levels shown in Table 1, MWDOC will notify Participating Agency of the depleted funding levels, and request Participating Agency to increase the funding levels by written notice as provided herein. If Participating Agency declines the request to increase its funding levels in Table 1, MWDOC will direct the Rebate Contractor to discontinue offering the enhanced residential rebate levels in Participating Agency's service area. Rebate levels for residential Smart Timers would revert to Metropolitan's rebate level for the Program. 7. Early Termination: Participating Agency may terminate this Agreement prior to the Program Expiration date, or prior to distribution of the maximum number of rebates for Participating Agency's service area, upon thirty (30) days' written notice to MWDOC. MWDOC may terminate this Agreement prior to the Expiration Date, or prior to distribution of the maximum number of rebates for Participating Agency's service area, without prior notice in the event funding for this Program is exhausted, reduced, or eliminated from any funding source. Otherwise, MWDOC may terminate this Agreement for any reason upon thirty (30) days' written notice to Participating Agency. Participating Agency will be responsible for payment of its funding contribution for all rebates made before and after the effective date of the termination for all applications initiated by Program applicants within Participating Agency's service area prior to the effective date of the termination. For purposes of this paragraph, an application is deemed initiated when the Program applicant obtains an application and his participation is logged -in by the Rebate Contractor. Whether the Agreement is terminated by Participating Agency or MWDOC, MWDOC will nevertheless provide Participating Agency with reports of rebate activities in Participating Agency's service area. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through the authorized officers on k1/1:1` -j , 2013. MUNICIPAL WATER DISTRICT OF ORANGE �C U --e r�l Karl W. Seckel, P.E. Interim General Manager CITY OF NEWPORT BEACH 'L, - &_l Dave KiR, City Manager Appro to orm ,/ Aaro arp, City Attorney City of Newport Beach 064w, ; �0�_ Leilani Brown, City Clerk This Agreement is made by and between the Municipal Water District of Orange County ( "MWDOC "), and the City of Newport Beach ( "Participating Agency "), for participation and co- funding of a Smart Timer Rebate Program for Single Family Residential and Commercial Properties ( "Program ") to be offered in Participating Agency's service area. WHEREAS, MWDOC has developed and arrange d for Grant funding through other sources for a Program to provide enhanced rebates, beyond Metropolitan Water District of Southern California's ( "Metropolitan ") basic rebate f unding levels to owners of single family residences and commercial properties to encourage them to retrofit existing operable irrigation timers with devices that control the amount of water used based upon weather conditions ("Smart Timers "); and WHEREAS, Program funding is sufficient to provide rebates for up to Three Thousand (3,000) Smart Timers installed by qualified applicants in the Program area. Participating Agency is eligible to participate in the Progra m and agrees to provide f unding at the amount per residential Smart Timer specified in Table 1 below and, if Participation Agency so elects, at the amount per commercial Smart Timer station specified in Table 2 below, up to the "Not to Exceed Funding Limits" set forth in Tables 1 and 2; and WHEREAS, MWDOC through its contract with both Metropolitan and its installation inspection and verifications consultant will conduct up to 100% installation verification of commercial and residential Smart Timer installations, and WHEREAS, the Program's objectives are to achieve savings in water consumption, reduce water runoff to storm drains and natural water bodies, and promote the goals of the Best Management Practices. AGREEMENT NOW, AND THEREFORE, it is agreed by MWDOC and Participating Agency as follows: 1. Residential Properties: MWDOC will contract for rebate services with Metropolitan ( "Rebate Contractor ") to access their "SoCal Water Smart" residential rebate program for Smart Timers. A prospective residential applicant who wants to participate in the Program must contact the Rebate Contractor at www.socalwatersmart.com to fill out an online rebate application. The Rebate Contractor will notify the prospective applicant with an online application confirmation notice instructing applicant to m ail in the Smart Timer purchase receipt indicating brand, model, price, and any installation costs, and a recent water bill for the site where the Smart Timer will be installed within 60 days of application confirmation. The Rebate Contractor w ill check each returned application for completeness and determine the eligibility of the applicant to participate in the Program. Through the application process, all residential Smart Timer applicants must agree to on -site installation verification as a condition for participation in the Program. Not all residential Smart Timer applicants will be subject to on -site installation verification. MWDOC will be responsible for determining whether a particular install ation will be inspected and the manner of verification Agreement Between the City of Newport Beach and the Municipal Water District of Orange County 1 for Participation in the Weather Based Irrigation Timer (Smart Timer) Rebate Program for Single- Family Residential and Commercial Properties This Agreement is made by and between the Municipal Water District of Orange County ( "MWDOC "), and the City of Newport Beach ( "Participating Agency "), for participation and co- funding of a Smart Timer Rebate Program for Single Family Residential and Commercial Properties ( "Program ") to be offered in Participating Agency's service area. WHEREAS, MWDOC has developed and arrange d for Grant funding through other sources for a Program to provide enhanced rebates, beyond Metropolitan Water District of Southern California's ( "Metropolitan ") basic rebate f unding levels to owners of single family residences and commercial properties to encourage them to retrofit existing operable irrigation timers with devices that control the amount of water used based upon weather conditions ("Smart Timers "); and WHEREAS, Program funding is sufficient to provide rebates for up to Three Thousand (3,000) Smart Timers installed by qualified applicants in the Program area. Participating Agency is eligible to participate in the Progra m and agrees to provide f unding at the amount per residential Smart Timer specified in Table 1 below and, if Participation Agency so elects, at the amount per commercial Smart Timer station specified in Table 2 below, up to the "Not to Exceed Funding Limits" set forth in Tables 1 and 2; and WHEREAS, MWDOC through its contract with both Metropolitan and its installation inspection and verifications consultant will conduct up to 100% installation verification of commercial and residential Smart Timer installations, and WHEREAS, the Program's objectives are to achieve savings in water consumption, reduce water runoff to storm drains and natural water bodies, and promote the goals of the Best Management Practices. AGREEMENT NOW, AND THEREFORE, it is agreed by MWDOC and Participating Agency as follows: 1. Residential Properties: MWDOC will contract for rebate services with Metropolitan ( "Rebate Contractor ") to access their "SoCal Water Smart" residential rebate program for Smart Timers. A prospective residential applicant who wants to participate in the Program must contact the Rebate Contractor at www.socalwatersmart.com to fill out an online rebate application. The Rebate Contractor will notify the prospective applicant with an online application confirmation notice instructing applicant to m ail in the Smart Timer purchase receipt indicating brand, model, price, and any installation costs, and a recent water bill for the site where the Smart Timer will be installed within 60 days of application confirmation. The Rebate Contractor w ill check each returned application for completeness and determine the eligibility of the applicant to participate in the Program. Through the application process, all residential Smart Timer applicants must agree to on -site installation verification as a condition for participation in the Program. Not all residential Smart Timer applicants will be subject to on -site installation verification. MWDOC will be responsible for determining whether a particular install ation will be inspected and the manner of verification required, if any. MWDOC will work with the Rebate Contractor to facilitate final rebate processing and issuance of the rebate check 2. Commercial Properties: MWDOC will contract for rebate services with Rebate Contractor to access its "Save a Buck" commercial rebate program for commercial Smart Timers. A prospective commercial applicant who wants to participate in the commercial Smart Timer Rebate Program must contact the Rebate Contractor at www.mwdsaveabuck.com to request a rebate reservation number prior to the purchase and installation of a Program eligible Smart Timer. If approved through the online reservation process, applicant will receive, via email, a reservation confirmation notice. Note that securing a reservation is a threshold requir ement, and any attempt by a prospective commercial applicant to purchase a Smart Timer first and then secure a reservation will be rejected by the Rebate Contractor. Within five business days of the reservation confirmation notice, Applicant will receive a hard copy of the rebate application packet. Applicant then has 60 days to return, via regular mail, the signed application form, reservation letter, a current water bill, and the purchase receipt for the installed commercial Smart Timer. Through the application process, all commercial Smart Timer applicants must agree to on -site installation verification as a condition for participation in the Program . Not all commercial Smart Timer applicants will be subject to on -site installation verification. MWDOC will be responsible for determining whether a particular installation will be inspected and the manner of verification required, if any. MWDOC will work with the Rebate Contractor to facilitate final rebate processing and issuance of the rebate check. MWDOC's Obligations: MWDOC will be responsible for designing the Program, setting the rebate level paid to a qualified applicant, providing al I necessary staffing, materials, and administration to manage and implement the Program, and preparing reports on the Program's results through contractors and its own staff. These services will include: • Providing marketing and informational material for the Program, except as noted in the Participating Agency Obligations section of this Agreement; • Working with Metropolitan and its Rebate Contractor to establish eligibility requirements for prospective Program applicants; • Providing a website, a toll -free telephone number, and printed informational materials for prospective applicants to learn about the Program and the steps to participate; • Informing applicants about the eligible Smart Timer technologies and where they may purchase an appropriate Smart Timer. (Purchase, installation and functioning of Smart Timers will be the responsibility of the property owner, and applicants will be required to waive and release any claims against MWDOC, Metropolitan, and the Participating Agency in order to receive a rebate) ; • Facilitating quality control, verification of installation of Smart Timers, and collection of data; • Using Metropolitan's minimum per residential Smart Timer funding, MWDOC's acquired Grant Funds, and Participating Agencies required per residential Smart Timer funding as stated in Table 1 below, setting the residential per Smart Timer enhanced rebate levels paid to applicants. • If the Participating Agency wishes to add additional funds for commercial Smart Timers, as stated in Table 2 herein, above the minimum amount funded by Metropolitan to increase the commercial rebate level, MWDOC will facilitate the Participating Agency's additional funding with the Program's Rebate Contractor; Facilitating payment, through the Rebate Contractor, to both residential and commercial rebate participants who have completed the participation requirements as provided herein to the satisfaction of MWDOC, • Developing a database of information regarding Program participation, including the types of Smart Timers for which rebates are given; • Providing monthly electronic and written reports of Program activity to Participating Agency; • Invoicing Participating Agency for the specified amount per residential Smart Timer as stated in Table 1, up to the "Not to Exceed" amount set forth in this Agreement; • If Participating Agency elects to increase the commercial Smart timer rebate at the levels shown in Table 2, MWDOC will invoice Participating Agency for those associated costs up to the "Not to Exceed" amount set forth in this Agreement; • When on -site Smart Timer installation verification inspection is conducted by MWDOC's verification consultant, MWDOC will direct the verification consultant to facilitate the issuance of inspection notifications and on -site verifications for residential and commercial Smart Timers within Participating Agency's service area; • MWDOC will work with the Rebate Contractor to track rebates paid to qualified residential and commercial applicants in order to limit the total number of rebates issued within Participating Agency's service area and assure that the total of the residential "per Smart Timer" and commercial "per station" rebate contributions are within the "Not to Exceed" amounts shown in Table 1 and 2, below; Residential or commercial rebates will be offered on a first come -first served basis while Program funding lasts. Therefore, if residential applications received from Program applicants throughout MW DOC's implementation area exhaust the nu mber of rebates available under the Program, rebates may not be available within Participating Agency's service territory up to the maximum "Not to Exceed" number provided herein. MWDOC does not guarantee any minimum number of rebates will be available for Participating Agency's service area. MWDOC agrees to maintain the confidentiality of Participating Agency's customer names, addresses and other information about the Program applicants gathered in connection with the Program, and will not cause or permit the disclosure of such information except as necessary to carry out the requirements of the Program. To the extent MWDOC contracts with third -party contractors to carry out all or any portion of the Program, MWDOC will require the contractors to maintain the confidentiality of said customer information. 4. Participating Agency Obligations: Participating Agency agrees to the following: Participating Agency will use reasonable efforts to assist MWDOC with the marketing of the Program within the Participating Agency's service area. Participating Agency will distribute MWDOC - produced marketing material through its direct communication with customers within its service territory. This can be accomplished through the use of bill inserts, by placing marketing material at Participating Agency customer service counters, and by various means of directly advocating the Program to the public. The fact that Participating Agency elects to provide marketing shall not offset or otherwise reduce the Participating Agency's funding obligation; G Participating Agency agrees to provide funding for the Program in the amount specified in Table 1 below per residential Smart Timer. Funding will be provided on a per Smart Timer basis up to the "Not to Exceed" funding limit: Table 1 Category No. Smart Funding Not to Exceed Funding Limit; T I Amount For Fiscal Years 2011-13 Residential 1,000 S75 per Smart 575,000 Timer If Participating Agency elects to provide additional funding for commercial Smart Timers, Table 2 below shall list the Participating Agency's funding amount per commercial Smart Timer station. Commercial Smart Timer rebates are calculated on the co mmercial Smart Timer's station capacity, and Participation Agency's funding amounts shall be in addition to the per station amount provided by the Program. Not to Exceed Funding Limit; Commercial I 0 I SO per Station Smart Timer i MWDOC will invoice Participating Agency on a monthly basis for rebates issued i n the previous month period, and payment will be due within thirty (30) days of the date of the invoice. Participating Agency may increase its "Not to Exceed" Funding Limits under this Letter Agreement by written notice to M WDOC's General Manager made by the undersigned representative of the Participating Agency or his or her successor. Any increase must follow the form in Tables 1 — 2, and written notice of an increase must be received prior to the exhaustion of available funding. By participating in this Program, the Participating Agency acknowledges and agrees that MWDOC is permitted to use historical water consumption data for purposes of satisfying any grant water use and water quality evaluation requirements of the Program. A similar agreement will be required of every applicant. 5. Indemnification: MWDOC has designed the Program as a rebate program in which the applicant is solely responsible for selecting, purchasing, and installing the Smart Timer. The applicant will be required to sign a release and waiver of any claims against MWDOC, the Participating Agency, and any other funding agency as a condition of participating in the Program. To the extent MWDOC or the Participating Agency or their staff performs any activities in connection with the Program, each agrees to indemnify and hold the other, and Metropolitan, harmless from any and all liability, claims, obligations, damages and suits arising out of its negligence or liability without fault in the performance of such activities, except to the extent such liability, claims, obligations, damages or suits arise from the other's, or Metropolitan's, negligence or liability without fault. Term: The Program commenced on or about September 1, 2004, and until June 30, 2011 was covered under separate, previous agreements. Effective July 1, 2011, this agreement supersedes all previous agreements between MWDOC and Participating Agency regarding Smart Timer rebate programs and will continue until June 30, 2013 or until the targeted number of rebates has been exhausted, whichever occurs first ( "Program Expiration "). Prior to reaching the "Not to Exceed" funding levels shown in Table 1, MWDOC will notify Participating Agency of the depleted funding levels, and request Participating Agency to increase the funding levels by written notice as provided herein. If Participating Agency declines the request to increase its funding levels in Table 1, MWDOC will direct the Rebate Contractor to discontinue of fering the enhanced residential rebate levels in Participating Agency's service area. Rebate levels for residential Smart Timers would revert to Metropolitan's rebate level for the Program. Early Termination: Participating Agency may terminate this Agreement prior to the Program Expiration date, or prior to distribution of the maximum number of rebates for Participating Agency's service area, upon thirty (30) days' written notice to MWDOC. MWDOC may terminate this Agreement prior to the Expiration Date, or prior to distribution of the maximum number of rebates for Participating Agency's service area, without prior notice in the event funding for this Program is exhausted, reduced, or eliminated from any funding source. Otherwise, MWDOC may terminate this Agreement for any reason upon thirty (30) days' written notice to Participating Agency. Participating Agency will be responsible for payment of its funding contribution for all rebates made before and after the effective date of the termination for all applications initiated by Program applicants within Participating Agency's service area prior to the effective date of the termination. For purposes of this paragraph, an application is deemed initiated when the Program applicant obtains an application and his participation is logged -in by the Rebate Contractor. Whether the Agreement is terminated by Participating Agency or MWDOC, MWDOC will nevertheless provide Participating Agency with reports of rebate activities in Participating Agency's service area. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through the authorized officers on /T1 2011. MUNICIPAL WATER DISTRICT OF ORANGE,COUNTY /f Kevin P. Hunt, Gen rat Manager Approved as to arm Kidman,T3ehrens VTag_de'!LLP Russell G. Behrens Daniel J. Payne Legal Counsel CITY OF NEWPORT BEACH Da iff, City Manager Approved as to Form David Hunt, City Attor ey I /i It, (� MUNICIPAL `I WATER DISTRICT OF ORANGE COUNTY Street Address: 18700 ward Street Fountain Valley, California 92708 Mailing Address: P.O. Box 20895 Fountain Valley CA 92728 -M (714) 963 -3058 Fair (714) 964 -9389 wvmmwdoc.corn Wayne A Clark President Joan C. Finnegan Vice President Esgun Bakall Director Brett R. Barbre Director Larry D. Dick Direct" Susan Hinman Director Ed Royce, Sr. Director Kevin P. Hunt, P.E. General Manager MEMBER AGENCIES City of Brea City of Buena Park East Orange County Water District El Toro Water District Emerald Bay Service District City of Fountain Valley City of Garden Grove Golden State Water Co. City of Huntington Bead) Irvine Ranch Water District Laguna Beach County Water District City of to Habra City of la Palma Mesa Consolidated Water District Moulton Niguel Water District City of Newport Beach City of Orange Orange County Water District City of San Clemente City of San Juan Capistrano Santa Margarita Water District City of Seal Beach Serrano Water District South Coast Water District Trabuco Canyon Water District City of Tustin City of Westminster Yorba Linda Water District Agreement Between City of Newport Beach and the Municipal Water District of Orange County for Participation in the Weather Based Irrigation Timer (Smart Timer) Rebate Program for Single - Family Residential and Commercial Properties This Agreement is made by and between the Municipal Water District of Orange County ( "MWDOC "), and the City of Newport Beach for participation and co- funding of a Smart Timer Rebate Program for Single Family Residential and Commercial Properties ( "Program ") to be offered in Participating Agency's service area. WHEREAS, MWDOC has developed and arranged funding through Metropolitan Water District of Southern California ( "Metropolitan ") and other sources for a Regional Program to provide rebates to owners of single family residences and commercial properties to encourage them to retrofit existing operable irrigation timers with devices to control the amount of water used based upon weather conditions ( "Smart Timers "), and The Regional Program is scheduled to provide rebates for up to Five Thousand (5,000) Smart Timers installed by qualified participants in the Program area. Participating Agency is eligible to participate in the Regional Program and agrees to provide funding at the amount specified, as stated in Table 1, below, per Residential Smart Timer valve installed within its service area, and at the amount specified, as stated in Table 1, below, per irrigated acre for commercial sites which a rebate is issued pursuant to the Program, up to "Not to Exceed" maximum amounts as set forth in this Agreement; and Participating Agency also agrees to provide funding for verification of Smart Timer installations by an outside consultant engaged by MWDOC as part of the Regional Program; and The Regional Program's objectives are to achieve savings in water consumption, reduce water runoff to storm drains and natural water bodies, and promote the goals of the Best Management Practices. NOW, AND THEREFORE, it is agreed by MWDOC and Participating Agency as follows: 1. Residential Properties: MWDOC will contract for rebate services with Metropolitan ( "Rebate Contractor") to access their "SoCal Water Smart" residential rebate program for Smart Timers. A prospective residential participant who wants to participate in the Smart Timer Rebate Program must contact the Rebate Contractor at www.socalwatersmart.com or by calling-1- 888 -376- 3314 to request a rebate reservation number prior to the purchase and installation of a Program eligible Smart Timer. If the prospective residential participant purchases a Smart Timer JUi �� and then solicits the Rebate Contractor's reservation system, participation in the Program will be denied. The Smart Timer purchase receipt must be dated later than the reservation date. Once the prospective residential participant obtains a reservation number, he /she may proceed with the purchase and installation of the Program eligible Smart Timer. The Rebate Contractor will request a recent water bill and the original receipt for the purchase and installation of the chosen Smart Timer technology. The Rebate Contractor will check each returned application for completeness and determine the eligibility of the applicant to participate in the Program. If the participant is determined to be eligible for the Program, the Rebate Contractor will forward to MWDOC application data sufficient enough for MWDOC to issue a Work Order to the Program's installation verification consultant. In order for a residential participant to receive a rebate, the participant must first submit to a site installation verification of the installed Smart Timer technology performed by the Program's installation verification consultant, or the Participating Agency if it so elects as provided herein. Upon completion of the site installation verification, the installation verification consultant (or Participating Agency, if applicable) will forward the inspection results to MWDOC who will review the inspection results and forward them onto the Program's Rebate Contractor for final processing and issuance of the rebate check. The final rebate calculated will be based on these inspection results. 2. Commercial Properties: MWDOC will contract for rebate services with Rebate Contractor to access their "Save a Buck" commercial rebate program for Smart Timers. A prospective commercial participant who wants to participate in the Smart Timer Rebate Program must contact the Rebate Contractor at www.mwdsaveabuck.com or by calling -1- 877 -728 -2282 to request a rebate reservation number prior to the purchase and installation of a Program eligible Smart Timer. If the prospective commercial participant purchases a Smart Timer and then solicits the Rebate Contractor's reservation system, participation in the Program will be denied. The Smart Timer purchase receipt must be dated later than the reservation date. Once the prospective commercial participant obtains a reservation number, he /she may proceed with the purchase and installation of the Program eligible Smart Timer(s). Commercial participants may not obtain rebates by submitting an application to the residential rebate program as described above. A prospective commercial participant who wants to participate in the Smart Timer Rebate Program must complete an application and return it to the commercial Rebate Contractor. The commercial Rebate Contractor will require a recent water bill and the original purchase receipt for the purchase and installation of the chosen Smart Timer technology. The Rebate Contractor will check each returned application for completeness and determine the eligibility of the applicant to participate in the Program. If the participant is determined to be eligible for the Program, the Rebate Contractor will forward to MWDOC application data sufficient enough for MWDOC to issue a Work Order to the Program's installation verification consultant. In order for a commercial participant to receive a rebate, the participant must first submit to a site installation verification of the installed Smart Timer technology performed by the Program's installation verification consultant, or the Participating Agency if it so elects as provided herein. Upon completion of the site installation verification, the installation verification consultant (or Participating Agency, if applicable) will forward the inspection results to MWDOC who will review the inspection results and forward them onto the Program's Rebate Contractor for final processing and MUNICIPAL WATER DISTRICT OF ORANGE COUNTY issuance of the rebate check. The final rebate calculated will be based on these inspection results. 3. MWDOC's Obligations: MWDOC will be responsible for designing the Regional Program, setting the rebate level paid to a qualified participant, providing all necessary staffing, materials, and administration to manage and implement the Regional Program, and preparing reports on the Regional Program's results through contractors and its own staff. These services will include: • Providing marketing and informational material for the Program, except as noted in the Participating Agency Obligations section of this Agreement; • Working with Metropolitan and its Rebate Contractor to establish eligibility requirements for prospective Program participants; • Mailing marketing materials to prospective participants using lists of property owners provided by the Participating Agencies; • Providing a website, a toll -free telephone number, and printed informational materials for prospective participants to learn about the Program and the steps to participate; • Informing participants about the eligible Smart Timer technologies and where they may purchase an appropriate Smart Timer. (Purchase, installation and functioning of Smart Timers will be the responsibility of the property owner, and participants will be required to waive and release any claims against MWDOC, Metropolitan, and the Participating Agency in order to receive a rebate); • Facilitating quality control, verification of installation, and collection of data; • Setting the rebate levels paid to participants. If the Participating Agency wishes to add additional funds above the required $9 per active valve in order to increase the rebate level, MWDOC will facilitate this additional funding with the Rebate Contractor; • Paying, through Metropolitan's Rebate Contractor facilitating the rebate payment, participants who have completed the participation requirements to the satisfaction of MWDOC on a per attached and operating valve basis for residential customers and on a per acre basis for commercial customers, including HOA's; • Developing a database of information regarding Program participation, including the types of Smart Timers for which rebates are given; • Providing monthly electronic and written reports of Program activity to Participating Agency, and invoicing Participating Agency for its funding obligation; • Invoicing Participating Agency for the specified amount per active valve and for the specified amount per acre for those valves and acres installed within Participating Agency's service area up to the "Not to Exceed" amount set forth in this Agreement; MUNICIPAL WATER DISTRICT OF ORANGE COUNTY Invoicing Participating Agency for any necessary pass- through inspection costs for commercial Smart Timers provided within Participating Agency's service area by installation verification consultant pursuant to consultant's agreement with MWDOC up to the "Not to Exceed" amount set forth in this Agreement. Invoicing Participating Agency for any necessary pass- through inspection costs for residential Smart Timers installed within Participating Agency's service area and inspected by installation verification consultant pursuant to consultant's agreement with MWDOC up to the "Not to Exceed" amount set forth in this Agreement. MWDOC shall not incur or pass through inspection costs for Smart Timers inspected by Participating Agency. Facilitate providing Participating Agency with inspection notifications and work orders for residential and commercial Smart Timers within Participating Agency's service area. As part of its administrative responsibility, MWDOC will work with Metropolitan's two Rebate Contractors to track rebates paid to qualified residential and commercial participants in order to limit the total number of rebates issued within Participating Agency's service area so that the aggregate amounts of Participating Agency's per -valve and per -acre funding contributions to rebates issued and pass - through inspection costs are within Participating Agency's designated "Not to Exceed" total liability amounts as listed in Table 1, below. MWDOC shall provide Participating Agency with monthly electronic and /or written reports. Residential rebates will be offered on a first come- first served basis while program funding lasts. Therefore, if residential applications received from Program participants throughout MWDOC's implementation area exhaust the number of rebates available under the Program, it may not be possible to offer rebates within Participating Agency's service territory up to the maximum "Not to Exceed" number provided herein. MWDOC does not guarantee any minimum number of rebates will be available for Participating Agency's service area. MWDOC agrees to maintain the confidentiality of Participating Agency's customer names, addresses and other information about the Program participants gathered in connection with the Program, and will not cause or permit the disclosure of such information except as necessary to carry out the Program. To the extent MWDOC contracts with third party contractors to carry out all or any portion of the Program, MWDOC will require the Contractor to maintain the confidentiality of said customer information. 4. Participating Agency Obligations: Participating Agency agrees to the following: Participating Agency will provide MWDOC with customer name and address information for those residential and commercial water service accounts to which Participating Agency would like to market the Program; o If Participating Agency does not wish to provide addressing information, Participating Agency will be responsible for marketing the Program to potential participants, or some combination of either of the two marketing plans. The fact that Participating Agency elects to assume responsibility for marketing shall not reduce the Participating Agency's funding obligation; and MUNICIPAL WATER. DISTRICT OF ORANGE COUNTY Participating Agency agrees to provide funding for the Program in the amount specified in Table 1 below per Smart Controller residential active valve, in the amount specified in Table 1 below per commercial acre installed at a qualified property within Participating Agency's service territory for which a rebate is given and costs for installation verification inspection (cost varies between residential and commercial, see Exhibit 1), up to the maximum "Not to Exceed" numbers set forth in Table 1 below. As part of its administrative responsibility, MWDOC will work with Metropolitan's two Rebate Contractors to track rebate distribution in order to limit the number of residential and commercial rebates issued within Participating Agency's service area so that the aggregate amounts of Participating Agency's per -valve and per -acre funding contributions to rebates issued and pass- through inspection costs do not go over the Participating Agency's designated "Not to Exceed" fiscal year totals: Table 1 Category Participating Agency Funding Amount Not to Exceed Funding Limit No. of Valves Fiscal year 2009 -2011 Residential 4,000 valves $9 per Valve $36,000 Commercial 0 valves $5 per Valve for $0 total clock capacity Inspection Covered in MWDOC Varies $0 Verification Grant FY 09' -10' Total $36,000 o MWDOC will invoice Participating Agency on a monthly basis for rebates issued in the previous month period, and payment will be due within thirty (30) days of the date of the invoice. o Participating Agency may increase its "Not to Exceed" Funding Limit under this Letter Agreement by written notice to MWDOC's General Manager made by the undersigned representative of the Participating Agency or his or her successor. Any increase must be made prior to the exhaustion of available funding. In addition to the per valve and per acre funding shown in Table 1, Participating Agency may be responsible for all residential and commercial Smart Timer installation inspection costs incurred within its service area as required to verify installations for which rebates were submitted as provided herein, up to the maximum "Not to Exceed" numbers set forth in Table 1. Currently MWDOC has additional Grant funding to cover verification of both residential and commercial Smart Timer installation costs. Should this grant funding expire during the term of this Agreement, MWDOC, upon notifying Participating Agency, reserves the right to begin invoicing Participating Agency for Smart Timer installation inspection costs up to the "Not to Exceed" amount set forth in Table 1 above. Such costs shall be invoiced by MWDOC as a pass- through cost on a monthly basis and shall be based on costs invoiced to MWDOC by the installation verification consultant. MWDOC shall begin invoicing Participating Agency upon receipt of invoices submitted by the installation verification consultant for inspection services provided on or after July 1, 2009. Invoicing of the Participating Agency shall continue as long as both commercial and residential installation verifications continue. Exhibit MUNICIPAL WATER DISTRICT OF ORANGE COUNTY 1, a current copy of MWDOC's installation verification consultant's invoice to MWDOC, shows the current billing rates that will be used as the pass- through amounts. Any future changes to the billing rates will also be passed- through based on cost incurred in Participating Agency's service area. C Participating Agency can elect to conduct its own inspections for the residential installations and submit reporting of the inspection results to MWDOC. If Participating Agency elects to conduct its own inspections, the minimum reporting requirements are as follows: Inspection results verifying that the Smart Timer was installed and the number of active irrigation valves hooked up to the Smart Timer • Site measurements of the irrigated area, which can be derived from the Participating Agency's billing system; • Verification of the proper programming of the installed Smart Timer; • The number of valves connected to the installed Smart Timer; • The distribution uniformity of one turf valve; Contact information for the participant; and Complete and return to Rebate Contractor the inspection work order supplied to Participating Agency in a timely manner. C By participating in this Program, both the Participating Agency and the participant acknowledge and agree that MWDOC is permitted to use historical water consumption data for purposes of satisfying any grant requirements of the Program. 5. Indemnification: MWDOC has designed the Program as a rebate program in which the property owner is solely responsible for selecting, purchasing, and installing the Smart Timer. Property owner will be required to sign a release and waiver of any claims against MWDOC, the Participating Agency, and any other funding agency as a condition of participating in the Program. To the extent MWDOC or the Participating Agency or their staff performs any activities in connection with the Program, each agrees to indemnify and hold the other harmless from any and all liability, claims, obligations, damages and suits arising out of its negligence or liability without fault in the performance of such activities, except to the extent such liability, claims, obligations, damages or suits arise from the other's negligence or liability without fault. 6. Term: The Program commenced on or about September 1, 2004, and until June 30, 2009 was covered under separate, previous agreements. Effective July 1, 2009, this agreement supersedes the previous agreement and will continue until June 30, 2011 or until the targeted number of rebates has been exhausted, whichever occurs first ( "Program Expiration "). If the maximum number of rebates for Participating Agencys service area has been issued prior to Program Expiration, MWDOC will direct its Rebate Contractor to discontinue offering the Program in Participating Agency's service area; however, final reporting of Program results will not be completed until after the Program Expiration date. The per - valve, per -acre and maximum funding amounts in Table 1 shall apply to Fiscal Year 2009 -2010 and, unless changed as provided in the following sentence, shall also apply for any subsequent fiscal years during the term of this Agreement. If MWDOC and Participating Agency agree to change any of the Table 1 funding amounts for fiscal years after 2009 -10, they shall amend this agreement to replace Table 1 with a revised Table 1 showing the changed amounts and specifying the effective date thereof. MUNICIPAL WATER DISI RICT OF ORANGE COUNTY 7. Early Termination: Participating Agency may terminate this Agreement prior to the Program Expiration date, or prior to distribution of the maximum number of rebates for Participating Agency's service area, upon thirty (30) days' written notice to MWDOC. MWDOC may terminate this Agreement prior to the Expiration Date, or prior to distribution of the maximum number of rebates for Participating Agency's service area, without prior notice in the event funding for this Program is exhausted, reduced, or eliminated from any funding source. Otherwise, MWDOC may terminate this Agreement for any reason upon thirty (30) days' written notice to Participating Agency. Participating Agency will be responsible for payment of its funding contribution for all rebates made before and after the effective date of the termination for all applications initiated by Program participants within Participating Agency's service area prior to the effective date of the termination. For purposes of this paragraph, an application is deemed initiated when the Program participant obtains an application and his participation is logged -in by the Rebate Contractor. Whether the Agreement is terminated by Participating Agency or MWDOC, MWDOC will nevertheless provide Participating Agency with reports of rebate activities in Participating Agency's service area. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through the authorized officers on ((�)T, 2009. MUNICIPAL WATER ORANGE COUNTY P. Hunt, CT OF Approved to Form��� McCormick, Kidman & Behrens, LLC Russell G. Behrens Daniel J. Payne Legal Counsel CITY OF NEWPORT BEACH Shane- Burckle, Water Conservation Coordinator Approved as to Form �ttorney U CITY OF NEWPORT BEACH CITY 0 /NEWPORT BEACH City Clerk Ed Selich, Mayor rt'FURH T MUNICIPAL WATER DISTRICT OF ORANGE COUNTY