HomeMy WebLinkAboutC-5584 - Agreement for Participation in Water Smart Home Certification ProgramU
Agreement for Participation
in
Municipal Water District of Orange County's
Water Smart Home Certification Program
This agreement for participation and, where indicated, co- funding ( "Agreement ") is
made on the last date signed below by and between MUNICIPAL WATER DISTRICT OF
ORANGE COUNTY (`MWDOC ") and the CITY OF NEWPORT BEACH ( "Agency"). When
executed, this Agreement provides for participation in the Water Smart Home Certification
Program ( "Program ") administered by MWDOC in Agency's service area, as described
herein.
Rebate Program. MWDOC has developed and arranged funding for the Program
through the United States Bureau of Reclamation ( "USBR ") and the Metropolitan Water
District of Southern California. The Program will provide financial incentives on a first
come, first served basis while USBR funding lasts for the performance of indoor and
outdoor water use surveys for residential single - family detached property owners within
Agency's service area. Water Smart Home Certification Applicants must meet Program
guidelines to be eligible for the Program. Through an extensive marketing campaign
designed to convince Orange County, California single- family home owners of the value
of a home water survey, the Program's objectives are to identify potential water savings
inside and outside the home and encourage property owners to perform water saving
enhancements intended to reduce residential water consumption.
2. Site Inspection; Election by Agency. Agency must either (1) allow MWDOC's site
installation inspection consultant, Mission Resource Conservation District (MRCD), to
conduct indoor and/or outdoor home water surveys, or (2) conduct indoor and /or
outdoor home water surveys for all Program Applications submitted to MWDOC from
within the Agency's service area. If Agency elects to conduct indoor and outdoor home
water surveys, MWDOC will provide $133.50 for surveys meeting all MWDOC survey
program requirements, conducted in both indoor and outdoor areas of the site. If only an
outdoor survey is performed, MWDOC will provide $89.00, provided the completed
survey meets all MWDOC survey program requirements.
By its initials below, Agency hereby elects to either:
(1) Conduct its own surveys,
as described herein:
Initials Here
m
(2) Allow MWDOC to conduct surveys,
as described herein:
Initia s Were
NOTE: During the Term of this Agreement, the Agency may change its election at any time
by giving written notice to MWDOC on Agency letterhead signed by an authorized Agency
representative.
Agreement for Participation
MWDOC's Home Certification Water Survey Program
3. Agency's Obligations. In addition to the obligations stated above, under this
Agreement Agency shall be responsible to MWDOC for the following:
3.1. General provisions for Agency participation in the Program
3.1.1. Agency will work with MWDOC in good faith to evaluate each site's
qualifications for participation in the Program.
3.1.2. Agency will work in an expedient manner to process all Applicants
through the Program.
3.1.3. Agency will provide MWDOC with any requested water use data of
customers in the Program in a timely manner.
3.1.4. Agency will respond to requests from MWDOC for information
regarding the Program in order for MWDOC to perform program duties.
3.1.5. Agency will work closely with MWDOC's marketing and promotion
efforts in order to obtain the minimum number of Program participants.
3.1.6. Each Applicant requesting to participate in the Program will be required
to prove residency in Agency's service territory. In order to verify
residency, in response to MWDOC's request, Agency will verify that
Applicant is a customer of Agency. MWDOC will email Agency
Applicants contact information, including water account number and
Agency will respond by email within one (1 ) business day.
3.1.7. Verification notification will consist of the following;
• Affirmation or rejection of Applicant residing in Agencies service
territory.
• Applicant is the owner of the survey location
• Location is a single - family detached house
3.1.8. Included as part of the Program, MWDOC will take the results of the
data collected and issue a customized Home Water Audit Report
detailing all of the water using devices and any potential
enhancements the Applicant can make to become a Water Smart
Home. Agency will declare to MWDOC how they wish MWDOC to
deliver the audit report, either given directly to the Applicant or to the
Agency for distribution to the Applicant.
3.1.9. Included as part of the Program is the potential for each home water
survey site to be "Certified" as a Water Smart Home. These Water
Smart Homes will be given an official Certification document. Agency
will declare to MWDOC how they wish MWDOC to deliver the
Certifications, either directly to the Applicant or to the Agency for
distribution to the Applicant.
Agreement for Participation
MWDOC's Home Certification Water Survey Program
3.2. If Agency elects to have MWDOC perform all home water surveys within Agency's
service territory, Agency shall be responsible for the following activities.
3.2.1. Agency will work with MWDOC in good faith to resolve differences
regarding the status of a particular survey, but the final decision on
issuing a Home Water Smart certificate lies with MWDOC.
3.2.2. Upon request by MWDOC, Agency will work to assist Applicant with
Program participation issues.
3.3. If Agency elects to perform the home water survey, Agency shall be responsible for
the following activities.
3.3.1. Upon receipt of a Program Application, MWDOC shall enter the
application information into its database and issue a home water
survey work order to Agency. Agency shall
• Contact the Applicant and schedule the home water survey,
• Secure from the Applicant written authorization to perform the
home water survey. Applicant permission is for both indoor and
outdoor access to the property. Attachment 1, attached herein, is
the Written Permission Access Waiver
• Complete as accurately as possible and in full, the home water
survey data collection forms. Attachment 2, attached herein, is the
Data Collection forms Agency will use to collect home water
survey site data.
• Take digital photos of the home water survey site detailing the
overall landscape condition, irrigation devices, any leaks present,
and any other relevant landscape issues.
3.3.2. At the conclusion of the home water survey, Agency shall submit the
completed work order to MWDOC along with a signed release by the
residential Applicant acknowledging the survey was performed with
permission given to the Agency to enter the property.
3.3.3. Submitted work orders must be sent via email along with a database in
Excel format, which will be provided to Agency by MWDOC, that
includes all the data points collected during the home water survey.
3.3.4. Monthly invoices must be submitted by the 10"' of each month,
detailing surveys completed in Agency's service area. Invoices must
include a report with the following attributes: first and last name,
application number, street address, date of survey, and total number of
surveys.
Agreement for Participation
MWDOC's Home Certification Water Survey Program
4. MWDOC's Obligations. In addition to the obligations stated above, under this
Agreement MWDOC shall be responsible to Agency for the following:
4.1. Providing a reimbursement of $133.50 per each combined indoor and outdoor
survey performed, and $89.00 per each survey performed outdoor only.
Reimbursements for surveys are on a first -come, first - served basis while USBR
funds exist during the term of this Agreement. MWDOC does not guarantee the
USBR funding will last the entire term of the Agreement;
4.2. Databasing all applications received on Agency's behalf;
4.3. Ensuring that timely reports on the Program's results are prepared by MWDOC's
staff;
4.4. Developing a database of information regarding participation in the Program and
providing monthly electronic and written reports of activity to Agency. The
electronic reports will include, without limitation, Agency's customer account
number, customer name, service address, survey results;
4.5. Providing a reimbursement report to Agency for the home water surveys performed
in Agency's service territory. MWDOC does not guarantee any minimum number of
surveys will be available for Agency's service area.
4.6. Reporting to Metropolitan on a monthly basis, detailing the surveys performed
activity and requesting reimbursement for those surveys.
4.7. At the conclusion of the home water survey, issuing a home water survey report
notifying the Applicant of their indoor and outdoor scoring results and the
recommendations to increase their home water savings and obtain a water smart
home certification.
4.8. It will be the responsibility of Applicant to supply MWDOC with proof that water
saving actions have been taken at the home, warranting a Water Smart Home
Certification. Upon submittal of proof that all actions have been taken, MWDOC
shall review the submitted invoices, documents, actions and compare them with the
home's Water Smart Report for final certification scoring.
5. Confidentiality. MWDOC agrees to maintain the confidentiality of Agency's
customer names, addresses and other personal information gathered in connection with
the Program. MWDOC will not cause or permit the disclosure of such information except
as necessary to carry out the Program or as required by law. To the extent MWDOC
contracts with third party contractors to carry out all or any portion of the Program,
MWDOC will make every reasonable effort to ensure that such contractors maintain the
confidentiality of such customer information.
6. Indemnification. MWDOC has designed the Program so that the Applicant is solely
responsible for the manner in which the recommendations contained in their home
water survey report are performed, and each Applicant will be required to sign a release
and waiver of any claims against MWDOC and/or Agency. MWDOC will require
Agreement for Participation
MWDOC's Home Certification Water Survey Program
Applicants to indemnify MWDOC and Agency against any claims arising out of the
recommendations in their home water survey report. Nevertheless, to the extent that
MWDOC or Agency or their respective staffs perform 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 their respective activities.
7. Term. This Agreement shall commence on the last date signed below and continue
until June 30, 2015 ( °Program Expiration "), unless extended by the parties.
8. Early Termination. Agency may terminate this Agreement at any time upon thirty (30)
days' written notice to MWDOC. MWDOC may terminate this Agreement prior to the
Program Expiration date without prior notice in the event funding for the Program is
exhausted, reduced, eliminated, or unavailable from any funding source, for any reason.
If MWDOC deems it necessary to terminate this Program for any other reason,
MWDOC shall give Agency thirty (30) days' written notice.
9. USER Mandatory Contracting Provisions. As required by the USER grant
agreement with MWDOC, the contract provisions set forth in Exhibit A are incorporated
herein by this reference. Under the Program described herein, Agency and MWDOC
do not anticipate that Agency will enter into any contracts to procure property or
services for which the Agency will seek reimbursement from federal funds under this
Agreement. If, and only to the extent, Agency enters into such a contract, the
contracting party shall be subject to the contract provisions in Exhibit A.
10. Certification re Lobbying (43 CFR 18). The undersigned hereby certifies on behalf of
the Agency that no Federal appropriated funds have been paid or will be paid, by or on
behalf of the Agency, to any person for influencing or attempting to influence an officer
or employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
10.1. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying" in accordance with its
instructions.
10.2. The Agency shall require that the language of this certification be included in
the award documents for any subawards by the Agency at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that subrecipients, if any, shall certify accordingly.
Agreement for Participation
MWDOC's Home Certification Water Survey Program
MUNICIPAL WATER DISTRICT OF
ORANGE COUNTY
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Karl W. Seckel, P.E., Interim General Manager
Date: 9— 6 0
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CITY OF NEWPORT B
Kiff/ Manager
Date /
abt� �1-
Leilani Brown, City Clerk
Date: R T 13
Approved as t Form
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Aaron Harp, City Attorney
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Date: ,s Z?j Z1 3
Agreement for Participation
MWDOC's Home Certification Water Survey Program
EXHIBIT A
BUREAU OF RECLAMATION CONTRACT PROVISIONS
Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60).
(All construction contracts awarded in excess of $10,000 by grantees and their
contractors or subgrantees.)
Compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented
in Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for
construction or repair.)
Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented
by Department of Labor regulations (29 CFR Part 5). (Construction contracts in
excess of $2000 awarded by grantees and subgrantees when required by Federal
grant program legislation.)
4. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor
regulations (29 CFR Part 5). (Construction contracts awarded by grantees and
subgrantees in excess of $2000, and in excess of $2500 for other contracts which
involve the employment of mechanics or laborers.)
5. Notice of awarding agency requirements and regulations pertaining to reporting.
6. Notice of awarding agency requirements and regulations pertaining to patent rights
with respect to any discovery or invention which arises or is developed in the course
of or under such contract.
7. Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
8. Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent
to that specific contract (i.e., contract to procure property or services for which the
Agency will seek reimbursement from federal funds under this Agreement) for the
purpose of making audit, examination, excerpts, and transcriptions.
9. Retention of all required records for three years after grantees or subgrantees make
final payments and all other pending matters are closed.
10. Compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water
Agreement for Participation
MWDOC's Home Certification Water Survey Program
Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in
excess of $100,000)
11. Mandatory standards and policies relating to energy efficiency which are contained in
the State energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94 -163, 89 Stat. 871).
12. DEBARMENT AND SUSPENSION (2 CFR §1400). The Department of the Interior
regulations at 2 CFR 1400— Governmentwide Debarment and Suspension
Non procurement), which adopt the common rule for the governmentwide system of
debarment and suspension for nonprocurement activities, are hereby incorporated by
reference and made a part of this Agreement. By entering into this grant or
cooperative Agreement with the Bureau of Reclamation, the Recipient agrees to
comply with 2 CFR 1400, Subpart C, and agrees to include a similar term or condition
in all lower -tier covered transactions. These regulations are available at
httg: / /www.gpoaccess.gov /ecfr /,
ATTACH M ENT 1
Water Smart Home Certification Program
Release and Waiver of Liability; Temporary Permission to Enter
[Homeowner's Name], for and in consideration of
participation in the Municipal Water District of Orange County's Water Smart Home
Certification Program ( "Program "), state as follows:
1. Release and Waiver of Liability. This Release and Waiver of Liability ( "Release ") is
executed by the undersigned on behalf of himself /herself and his /her successors,
assigns and agents (collectively, "Releasing Party") on the date below in favor of the
Municipal Water District of Orange County ( "MWDOC "), the
[RETAIL AGENCY], the United States Bureau of Reclamation, the Metropolitan Water
District of Southern California, and their respective directors, officials, officers,
employees, agents, volunteers or other representatives (collectively, the "Agencies ").
Releasing Party hereby fully and completely waives, acquits, releases, forever discharges
and agrees to indemnify and hold harmless and covenants not to sue the Agencies, of
and from any and all liabilities, obligations, claims (whether proven or alleged),
demands, losses, damages, injuries (including death), actions, causes of action, fines,
penalties, settlements, judgments or expenses, including, without limitation, attorneys'
fees and costs, and consultant and /or expert witness fees and costs, that may be
imposed upon, incurred by or asserted against the Agencies by Releasing Party or any
third parties, by reason of, arising out of, related to or in connection with Releasing
Party's participation in the Program, including, but not limited to, the occurrence or
existence of any accident, injury, premises liability, death, or damage of any type,
character or kind, including damage to vegetation or landscaping related to changes or
improvements recommended to the Releasing Party in the course of participation in the
Program.
2. Temporary Permission to Enter. Subject to the terms and conditions set forth herein,
the Releasing Party hereby grants to MWDOC, MWDOC's designated representative
Mission Resource Conservation District (MRCD),
'AIL
AGENCY] and their employees, contractors and legal agents ( "Permittees ") a right of
entry and a right of ingress and egress (collectively referred to as "Right -Of- Entry ") to
ATTACHMENT 1
and from the property identified below ( "Property") for the purpose of conducting one
or more surveys required for the Program and for no other purpose. Nothing in this
Agreement shall be deemed to provide any permission, or other right, of Permittees to
conduct any other activity on or about the Property. Permittees shall make
arrangements in advance with the Releasing Party for entry and access to the Property
at a mutually convenient time. Only the Permittee and the employees, contractors, or
legal agents of Permittee, if any, may enter the Property. The Releasing Party may be
present at all times during the survey(s), although such presence is not required.
RELEASING PARTY
I CERTIFY THAT I AM AT LEAST 18 YEARS OLD AND HAVE CAREFULLY READ AND UNDERSTAND
THE CONTENTS OF THIS RELEASE AND WAIVER OF LIABILITY AS IT APPLIES TO ME AND TO ANY
OF MY SUCCESSORS, ASSIGNS OR AGENTS. I UNDERSTAND THAT I AM GIVING UP VALUABLE
LEGAL RIGHTS. I KNOWINGLY GIVE UP THESE RIGHTS OF MY OWN FREE WILL.
Signature of Homeowner Date Signed
Name of Homeowner
Property Address
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