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