HomeMy WebLinkAboutC-5642 - Agreement for Participation in Turf Removal Programf�
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g Agreement for Participation
Ln in
i Municipal Water District of Orange County's
U Turf Removal 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 ( "Participant "). When executed, this
Agreement provides for participation in the Turf Removal Program ( "Program ") administered by
MWDOC in Participant's service area, as described herein.
Rebate Program. MWDOC has developed and arranged funding for the Program through the
Metropolitan Water District of Southern California ( "Metropolitan "). The Program will provide
financial incentives on a first come, first served basis while Metropolitan funding lasts for the
removal of turf by residential and small commercial water users within Participant's service
area. Turf removal projects must meet Program guidelines to be eligible for financial incentives
in the form of a cash payment for each square foot of removed turf. 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 applicable Best Management Practices.
2. Site Inspection; Election by Participant. Participant must either (1) conduct pre- and post -
turf removal site inspections for all Program Applications submitted to MWDOC from within the
Participant's service area, or (2) provide funding to MWDOC, as set forth in Section 2.1.3
below, for the cost of MWDOC's site installation inspection consultant, Mission Resource
Conservation District (MRCD), to conduct both pre- and post -turf removal inspections.
By its initials below, Participant hereby elects to either:
(1) Conduct its own inspections, as described herein:
Initials Here
or
(2) Provide funding to MWDOC to conduct
inspections, as described herein:
Initials Here
2.1. If Participant elects to provide funding to MWDOC for MRCD inspection services for the
pre- and post -turf removal inspections, Participant shall be responsible for the following
activities.
2.1.1. Upon receipt of a completed application, MWDOC will contact MRCD to request a
pre -turf removal inspection. At the conclusion of the pre -turf removal inspection, and
from the results of the pre -turf removal inspection, MWDOC will notify Participant of
MWDOC's preliminary determination that the application under consideration should be
approved or denied. Participant shall promptly review MWDOC's determination and
inform MWDOC whether it agrees or disagrees. MWDOC will work with Participant in
good faith to resolve differences of opinion regarding the status of a particular
application, but the final decision on issuing a Notice to Proceed lies with MWDOC.
Agreement for Participation
MWDOC Turf Removal Program
Once MWDOC has made a final decision on an application, MWDOC will issue a
Notice to Proceed or a Participation Denial Notice to the applicant.
2.1.2. Participant shall be responsible for the actual cost charged to MWDOC by MRCD for
pre- and post -turf removal inspections, which will be invoiced to Participants on a
monthly basis by MWDOC. MRCD inspection costs are invoiced to MWDOC pursuant
to a services agreement between MRCD and MWDOC. At the time this Agreement is
executed, the residential turf removal inspection cost as charged to MWDOC by MRCD
is $105 per residential inspection. The total cost for both pre and post -turf removal
residential inspections is thus $210.00. The current commercial inspection cost as
charged to MWDOC by MRCD is approximately $165.36 per inspection, based on an
average of four (4) hours for a small commercial site at $37.84 per hour, plus $28 per
hour for inspection verification administration. Again, two commercial inspections are
required, for a total estimated cost of $330.72. Should the MRCD costs decrease or
increase, MWDOC will pass these changes through to Participant.
2.1.3. Inspection Funding Cap. Participant agrees to provide inspection funding for
inspections conducted by MRCD as requested by Participant, up to N/A
MWDOC agrees that it shall inform Participant when that cap has been reached. At
that point, Participant shall have the following options and shall immediately inform
MWDOC of its decision to: (1) elect to perform the pre- and post -turf removal
inspections, (2) increase the funding cap via letter from Participant's General Manager,
or (3) end its participation in the Program. Selecting option #3 will not eliminate
Participant's responsibility to perform or fund pre -and post -turf removal inspections
underway (in the queue).
2.2. If Participant elects to perform the pre- and post -turf removal inspections, Participant shall
be responsible for the following activities.
2.2.1. Upon receipt of a Program Application, MWDOC shall enter the application
information into its database and issue a pre -turf removal inspection work order to
Participant. Participant shall schedule and conduct the pre -turf removal inspection,
complete the pre -turf removal work order as provided by MWDOC with the required
data and site photographs, and establish that the applicant's proposed project and site
are consistent with the intent of the Program. The pre -turf removal inspection shall
establish that the applicant's site consists of between 250 and 10,000 square feet of
live turf being irrigated with potable water. Participant must notify MWDOC If any site is
being irrigated with recycled water.
2.2.2. At the conclusion of the pre -turf removal inspection, Participant shall submit the
completed work order and site photographs to MWDOC. The pre -turf removal
inspection work order shall contain Participant's recommendation to approve or deny
the application. If MWDOC staff agrees with the recommendation, it shall approve the
application, designate the site as an eligible Program turf removal project, and issue a
Notice to Proceed to the applicant, or reject the application and issue a Participation
Denial Notice to the applicant. The post -turf removal inspection work order shall be the
basis for calculating the rebate incentive.
Agreement for Participation
MWDOC Turf Removal Program
2.2.3. If MWDOC staff disagrees with Participant's recommendation, MWDOC will so notify
Participant. Participant may renew its recommendation and submit it to MWDOC for
reconsideration, but the final decision on a Notice to Proceed lies with MWDOC.
2.2.4. It will be the responsibility of applicant to notify MWDOC that the work has been
completed at the site. Upon notification from the applicant that the work has been
completed, MWDOC shall issue a post -turf removal work order to Participant.
Participant shall schedule and conduct the post -turf removal inspection, complete the
post -turf removal work order as provided by MWDOC with the required data and site
photographs, and establish that the applicant's completed project and site are
consistent with the intent of the Program.
2.3. The post -turf removal inspection, whether completed by Participant or MRCD, shall
establish the items set forth in Sections 2.3.1- 2.3.6 below. At the conclusion of the post -
turf removal inspection, MWDOC will direct its accounting department to issue a rebate
incentive check to the party listed on the Program application within a ten (10) week period.
Rebate incentive shall be based on the square footage calculation listed on the post -turf
removal work order.
2.3.1. The site's precise turf removal area in square feet as removed in association with this
Program. This shall be the basis for calculating the amount of each site's rebate, not to
exceed initial pre -turf removal inspection measurements and the total turf removal
project cost.
2.3.2. The site's turf removal area does not include any live turf.
2.3.3. The converted area's irrigation system, if any, is a low flow system (drip, bubblers, or
low- precipitation high- efficiency rotating nozzles). If part of a lawn is converted, the
sprinkler system must be properly modified to provide adequate coverage to the
remaining lawn without spraying the converted area.
2.3.4. All exposed soil in the converted area is covered with a 2 -3" layer of mulch, except in
areas planted with creeping or rooting groundcovers.
2.3.5. Converted area is permeable to air and water. Weed barriers must be permeable.
Pavers must have sufficient spacing to allow water to permeate project area. Concrete,
plastic sheeting or other impermeable surfaces do not qualify for incentives under the
Program.
2.3.6. No invasive plant species are used.
3. Optional Requirements for Participants Providing Supplemental Funding For Rebate
Incentives. Participant has the option to provide supplemental funding to customers in its
service area to further incentivize participation. Supplemental funding for rebate incentives on
behalf of Participant, if any, is set forth in Table 3.1 below. If Participant has elected not to
provide additional funding upon initial execution of this Agreement, Table 3.1 below will contain
10" funds:
TABLE 3.1 — OPTIONAL SUPPLEMENTAL FUNDING
Agency: Cit of Newport Beach
Supplemental Funding Levels
Incentive per Square Foot /site
$0.00
Not to Exceed Funding Cap
$0.00
3
Agreement for Participation
MWDOC Turf Removal Program
Without formal written amendment of this Agreement, Participant (if no supplemental funding is
initially provided) may at any time during the term of the Agreement notify MWDOC that it will
begin providing supplemental funding. In addition, at any time during the term of the
Agreement, Participant may make additional supplemental funding available. Both changes
may be accomplished by written notice to MWDOC in the form of a letter from Participant's
General Manager.
If Participant notifies MWDOC of its intent to terminate its supplemental funding, or the
maximum supplemental funding amount is exhausted, Participant will be responsible for all
supplemental funding for those applicants approved in the Program. Once supplemental
funding is exhausted, MWDOC will continue to offer the basic incentives provided herein.
4. MWDOC's Obligations. In addition to the obligations stated above, under this Agreement
MWDOC shall be responsible to Participant for the following:
4.1. Providing a base incentive of up to $1.00 per square foot of verified removed turf on a first
come first served basis while Metropolitan funds exist during the term of this Agreement to
the eligible applicants who successfully complete the participation process. MWDOC does
not guarantee the Metropolitan funding will last the entire term of the Agreement;
4.2. Databasing all applications received on Participant'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 Participant. The electronic reports will
include, without limitation, Participant's customer account number, customer name, service
address, quantity of turf removed, Participant's level of supplemental funding provided (if
any), and base incentive paid;
4.5. Invoicing Participant for its supplemental funding obligation and monitoring the number of
rebate applications approved in Participant's service territory to ensure that it is within the
"Optional Supplemental Funding" as provided in Table 3.1 of this Agreement. MWDOC
does not guarantee any minimum number of rebates will be available for Participant's
service area.
4.6. Invoicing Participant for Participant's obligation for inspection services as performed by
MWDOC's inspection contractor, MRCD.
4.7. Reporting to Metropolitan on a monthly basis, detailing the Program's activity and
requesting reimbursement for those activities at a rate of up to $1.00 per square foot of
removed turf.
5. Participant's Obligations. In addition to the obligations stated above, under this Agreement
Participant shall be responsible to MWDOC for the following:
5.1. Based on invoicing from MWDOC, paying MWDOC for the amount of supplemental
funding(s) expensed on its behalf within thirty (30) days of the date of the MWDOC invoice.
5.2. Based on invoicing from MWDOC, paying MWDOC for the inspection services MWDOC's
inspection contractor, MRCD, performed for Participant.
5.3. Working with MWDOC in good faith to evaluate each site's qualifications for participation in
the Program.
5.4. Working in an expedient manner to process all applicants through the Program.
Agreement for Participation
MWDOC Turf Removal Program
6. Confidentiality. MWDOC agrees to maintain the confidentiality of Participant's customer
names, addresses and other information about participants in the Program gathered in
connection with the Program, and 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 require such contractors to maintain the confidentiality of such customer
information.
7. Indemnification. MWDOC has designed the Program so that the applicant is solely
responsible for the manner in which the turf is removed and selection of the landscape
contractor, if any, that will remove it, and each applicant will be required to sign a release and
waiver of any claims against MWDOC and/or Participant. MWDOC will require applicants to
indemnify MWDOC and Participant against claims arising out of the turf removal. Nevertheless,
to the extent that MWDOC or Participant 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 such activities.
8. Term. This Agreement shall commence on the last date signed below and continue until June
30, 2015 ("Program Expiration"), unless extended by the parties.
9. Early Termination. Participant 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 Participant thirty
(30) days' written notice. In the event of termination by either party, Participant shall be
responsible for payment of its supplemental funding contribution (if provided),and any pre and
post turf removal inspection costs, as performed by MRCD, for all applications for which
MWDOC has issued a Notice to Proceed prior to the effective date of the termination.
MUNICIPAL WATER DISTRICT OF
ORANGE COUNTY,
CITY OF NEWPORT BEACH
��
Robert J. Hunter, e I anager Dave iff, City Manager
Date: . 1 Date: IDI3Av�
Leilani Brown, City Clerk
Date: 1(77FA3
Approved as to Form
C M uu L=� -.
Aaron Harp, it Attor ey
Date:?��j 3