Loading...
HomeMy WebLinkAboutMunicipal Water District of Orange County (MWDOC) - 2015-09-21 (38) Dept. ID PW 17-026 Page 1 of 2 Meeting Date:6/5/2017 7 -6 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of the First Amendment to Water Conservation Participation Agreement with the Municipal Water District of Orange County (MWDOC) Statement of Issue: Submitted for City Council approval is the First Amendment to the Water Conservation Participation Agreement with the Municipal Water District of Orange County (MWDOC). Financial Impact: Not Applicable. Recommended Action: Approve and authorize the City Manager to execute "First Amendment to Water Conservation Participation Agreement" with the Municipal Water District of Orange County (MWDOC). Alternative Action(s): Do not approve First Amendment to Water Conservation Participation Agreement with MWDOC and direct staff accordingly. Analysis: At the September 21, 2015, regular City Council Meeting, the City Council approved a Water Conservation Participation Agreement (Agreement) with MWDOC. The Agreement combined the majority of the water conservation rebate programs and incentives into one agreement. These programs include the turf removal program, rain barrels, high efficiency toilets, irrigation controllers, drip irrigation systems, and soil moisture sensors among others. The First Amendment to the Agreement contains language acknowledging that the participating agencies will pay MWDOC for their proportionate share of costs for administering Water Use Efficiency Programs. It also clarifies language regarding installation and verification of items installed, distributed and/or rebated by the participating agency. Staff does not anticipate any additional costs from this Agreement beyond what is already contained in MWDOC's Choice budget that is included in the City's Fiscal Year 2016-17 approved budget in the Water Conservation business unit. Environmental Status: Not Applicable Item 14. - 1 H B ->1 4- • Dept. ID PW 17-026 Page 2 of 2 Meeting Date:6/5/2017 Public Works Commission Action: Not Applicable Strategic Plan Goal: Non-Applicable —Administrative Item Attachment(s): 1.) First Amendment to Water Conservation Participation Agreement 2.) Water Conservation Participation Agreement between the City of Huntington Beach and MWDOC dated 9/21/2015. HB _2 15_ Item 14. - 2 ATTACHMENT # 1. • FIRST AMENDMENT TO WATER CONSERVATION PARTICIPATION AGREEMENT This First Amendment to Water Conservation Participation Agreement ("First Amendment") is effective on July 1, 2017 ("Effective Date"), by and between the Municipal Water District of Orange County ("MWDOC") and the City of Huntington Beach ("Participant Agency"). MWDOC and Participant Agency may be collectively referred to as "Parties" and individually as "Party." RECITALS A. MWDOC and Participating Agency entered into a Water Conservation Participation Agreement regarding the Participating Agency's participation in certain water conservation programs ("Agreement"). B. The Parties now desire to amend the Agreement to make certain changes to provisions regarding verification of the installation of items and devices installed as part of certain water conservation incentive programs. TERMS For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to amend the Agreement as follows: I. Amendment. Section J is added to the Recitals to read as follows: "J. The purpose of this Agreement is also to acknowledge that Participating Agency is participating in MWDOC's Choice Water Use Efficiency Program ("WUE Program") and in doing so is agreeing to pay for its proportionate share of MWDOC's administrative and direct program costs of the WUE Program." 2. Amendment. Section 1.7 is added to the Agreement to read as follows: "1.7 Participating Agency understands that by entering into this Agreement it is participating in MWDOC's Choice Water Use Efficiency Program ("WUE Program") and agrees to pay MWDOC for its proportionate share of MWDOC's costs for administering the WUE Program based on Participating Agency's level of participation in the WUE Program. MWDOC will annually invoice Participating Agency. 17-5769/157268/RLS 5/2/17/DO 1 3. Amendment. Section 6 is amended in its entirety to read as follows: "Section 6: Installation Verification/Inspection 6.1 Participant Agency shall be responsible for conducting installation verifications/inspections of items and devices installed, distributed, and/or rebated by Participant Agency under Participant Agency Administered Programs to ensure compliance with program requirements, and/or for paying all costs associated with this verification/inspection. Installation verification/inspection measures must be designed to ensure that materials, installation verifications/inspections of eligible program items and devices, and services meet requirements established by Metropolitan and MWDOC, which requirements will be provided to Participant Agency by MWDOC as Attachment A. 6.2 Participant Agency shall be responsible for conducting installation verifications/inspections of items or devices installed, distributed, and/or rebated by Participant Agency or MWDOC under MWDOC Administered Programs to ensure compliance with program requirements, and/or for paying all costs associated with this verification/inspection. Installation verification/inspection measures for program items and devices must be designed to ensure that materials, installation verifications/inspections of eligible program items and devices, and services meet requirements established by Metropolitan and MWDOC, which requirements will be provided to Participant Agency by MWDOC as Attachment A. 6.3 Participant Agency may elect to (1) conduct its own installation verifications/inspections by either utilizing its in-house staff or contracting with a third party vendor of its choice; or(2) utilize MWDOC's installation verification/inspection contractor to conduct the installation verification/inspections. If Participant Agency elects to utilize MWDOC's verification/inspection vendor, Participant Agency may elect to contract directly with MWDOC's verification/inspection vendor. If Participant Agency elects not to enter into such contract, MWDOC, in MWDOC's sole discretion, may require that Participant Agency contract directly with MWDOC's verification/inspection vendor. 6.3.1 Notwithstanding any other provision in this Agreement, Participant Agency understands and agrees that if Participant Agency utilizes MWDOC's verification/inspection vendor, Participant Agency must still comply with all of the requirements of this Agreement, 17-5769/157268/RLS 5/2/17/DO 2 including the refund requirements in Section 6.6, and MWDOC is in no way liable or responsible for the acts or omissions of such vendor and makes no representations or warranties regarding the quality of such vendor's work. Participant's sole recourse as to any action, claims or damages arising out of the acts or omissions of MWDOC's verification/inspection vendor is with the vendor and not with MWDOC. 6.4 MWDOC reserves the right to conduct installation verification/inspection of items and devices within Participant Agency's service area. 6.5 Participant Agency acknowledges that any item or device receiving funding from Metropolitan may be subject to an installation verification/inspection to be performed by Metropolitan, or its agent(s), at Metropolitan's discretion. 6.6 Participant Agency shall promptly refund to MWDOC any amounts paid under any Participant Agency Administered Program or MWDOC Administered Program for installed or distributed items or devices, inducting any grant funds, in the event MWDOC or Metropolitan establishes via installation verification/inspection and/or audit that the program items or devices were not installed in compliance with the requirements established by Metropolitan and MWDOC pursuant to this Agreement. If such a refund is not provided to MWDOC within thirty (30) days of request, the requested amount may be debited by MWDOC on Participating Agency's next water service invoice. 6.7 "Items" or"devices" includes, but is not limited to, plumbing fixtures, irrigation devices, turf(removal and replacement), and any other items, devices or materials that are installed in connection with a program covered by this Agreement. 4. Authority to enter into First Amendment. Each Party represents to the other that the person executing this First Amendment has the requisite power and authority to execute the First Amendment and to bind each respective Party. 5. Continuing Effect of Agreement. Except as amended by this First Amendment, all other provisions of the Agreement remain in full force and effect. From and after the date of this First Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this First Amendment. 6. Execution in Counterparts. This First Amendment may be executed in duplicate counterparts, each of which shall be deemed an original. 17-5769/157268/RLS 5/2/17/DO 3 MWDOC and Participating Agency have each caused this First Amendment to be executed by its duly authorized representative as of the date set forth below the authorized signature. IN WITNESS WHEREOF,the Parties have executed this First Amendment. MUNICIPAL WATER DISTRICT PARTICIPANT AGENCY OF O E CO Y CITY OF GTON BEACH By: By: Robert MX4 re Wilson Genera l M er City Manager Date: a a /I q- Date: 6 —.),0/-/ Approved as to Form: Approved as to Fo Joseph Byrne Michael E. Gates General Counsel City Attorney Date: tP'� j '�7 Zate: 6 --:5- -A0/7 Deco SI�117 Wv 17-5769/157268/RLS 5/2/17/DO 4 = MUNICIPAL WATER DISTRICT OF • ORANGE COUNTY RECEIVED Street Address: ��'� N p —3 AN 1: O 1 18700 Ward Street v� fl Fountain Valley,California 92708 CITY CLERK Mailing Address: June 26, 2017 HUNTINGTON OF Ct� P.O.Box 20895 Fountain Valley,CA 92728-0895 (714)963-3058 Fax:(714)964-9389 www.mwdoc.com TO: Robin Estanislau City of Huntington Beach President WayneS.Osbme 2000 Main Street Brett R.Barbre Huntington Beach, CA 92648 Vice President Larry D.Dick FROM: Beth Fahl Director Water Use Efficiency Programs Specialist Joan C.Finnegan Director Megan Yoo Schneider RE: First Amendment to Water Conservation Participation Director Agreement between the Municipal Water District of SatTamaribuchi Orange County and the City of Huntington Beach Director Jeffery M.Thomas Director RobertJ.Hunter ❑ FOR YOUR INFORMATION ❑ PURSUANT TO YOUR REQUEST General Manager ® COPY FOR YOUR FILE ❑ PLEASE COMMENT IN WRITING MEMBER AGENCIES ❑ PLEASE SIGN AND RETURN ❑ RESPONSE REQUIRED BY City of Brea ❑ PLEASE REVIEW AND CALL ❑ RETURN ENVELOPE ENCLOSED City of Buena Park TO DISCUSS East Orange County Water District El Toro Water District ❑ PLEASE TAKE CARE OF ❑ SEE INSTRUCTIONS BELOW Emerald Bay Service District City of Fountain Valley ❑ OTHER City of Garden Grove Golden State Water Co. City of Huntington Beach Enclosed please find one fully-executed copy of the above-referenced Irvine Ranch Water District Amendment. Laguna Beach County Water District City of La Habra City of La Palma Mesa 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 ATTACHMENT #2 Water Conservation Participation Agreement between the Municipal Water District of Orange County and the City of Huntington Beach This Water Conservation Participation Agreement("Agreement") is made between the Municipal Water District of Orange County ("MWDOC") and the City of Huntington Beach ("Participant Agency"). MWDOC and Participant Agency may be collectively referred to as "Parties" and individually as"Party," Recitals A. The Metropolitan Water District of Southern California ("Metropolitan")provides incentive funding to residential, commercial, and industrial water users in its service area for a variety of water conservation activities, including,but not limited to, rebates for the purchase and installation of water-saving devices("Metropolitan Base Incentives"). B. MWDOC is a member agency of Metropolitan and has agreements with Metropolitan that enable residential, commercial, and industrial water users in'vfW'DOC's service area, and for the benefit of MWDOC's member agencies,to participate in and take advantage of Metropolitan's Base Incentives. C. Participant Agency,as a MWDOC member agency or a direct Metropolitan member agency,may elect to participate in Metropolitan's program to replace non-conserving items within its service area. D. The Metropolitan Base Incentives amounts for each eligible device or program available to MWDOC and Metropolitan member agencies are listed in the attached Addendums IA and I B. It is expected that Metropolitan will establish funding.for additional water conservation items and to change some or all of the existing funding rates throughout the term of this Agreement.Any such changes will be incorporated herein by amendment to Addendums IA and IB. E. Metropolitan and MWDOC each have fiscal responsibility to manage their individual budgets, and hence may have a need to limit availability of funds. F. MWDOC and Metropolitan member agencies may also choose to provide additional supplemental funding of their own to augment the Metropolitan Base Incentives. Based on the terms and conditions of this Agreement,MWDOC will facilitate supplemental funding for Participant Agency through the Metropolitan rebate contractor ("Rebate Contractor") or MWDOC directly. Metropolitan member agencies will coordinate any supplemental funding directly with Metropolitan. G. In addition to the Metropolitan Base Incentives,MWDOC has developed and arranged additional local, state, and federal grant funding("Grant Funding")for eligible devices in a number of water conservation programs("MWDOC Administered Programs") that MWDOC offers to Participant Agency and Metropolitan member agencies.This grant funding may be used to enhance the Metropolitan Base Incentives. Granting agencies Page 1 Item 14. - 7 HB -220- 0 0 include, but are not limited to,the Department of Water Resources and the United States Bureau of Reclamation. H. Participant Agency may also operate customized, local water conservation incentive programs in their respective service areas ("Participant Agency Administered Programs) and may have access to the Metropolitan Base Incentives and Grant Funding for such, subject to MWDOC and Metropolitan approval and the terms and conditions of this Agreement and any MWDOC and/or Metropolitan agreements. I. The purpose of this Agreement is to create a master water conservation participation agreement between MWDOC and Participant Agency that combines all of the conservation programs and incentives("Programs") into one agreement. Addendums to this Agreement will be issued for changes involving Metropolitan approved items, MWDOC Board approved items, Grant Funding, adding and subtracting MWDOC Administered Programs and Participant Agency Administered Programs as identified in Section 2, and changes to incentive programs, including funding and incentive levels. NOW THEREFORE, in consideration of the promises and covenants hereinafter set forth, the Parties do agree as follows: Section 1: Agreement Term and Administration 1.1 This Agreement will be effective on July 1,2015 or upon execution of this Agreement by all Parties, whichever is later, and shall terminate on June 30, 2025 (`Term"). Continuance of this Agreement will be subject to annual budget approval by MWDOC's Board of Directors. 1.2 This Agreement may be amended at any time by written mutual agreement of the Parties, or by Addendums issued by MWDOC as set forth in Recital 1. 1.3 This Agreement may be terminated by either Party for any reason upon thirty (30) days written notice to the other Party. 1.4 All Addendums are enforced for the duration of this Agreement unless the Addendums are amended or terminated by either Party. 1.5 In the event the Agreement is terminated early, Participant Agency is responsible for payment of any funding contributions required by this Agreement that that were initiated prior to the effective date of the termination. For purposes of this Agreement, an application is deemed initiated when an application has been received by Metropolitan's rebate vendor,EGIA, by MWDOC, or a reservation has been made within any of MWDOC's online application portals that is pursuant to any of the programs described within this Agreement and the attached Addendums. 1.6 Notwithstanding any other provision in this Agreement, funds for all of the programs described within this Agreement and the attached Addendums are conditioned upon the Page 2 HB -221- Item 14. - 8 availability of funds and MWDOC is under no obligation to provide funding for any of the programs if MWDOC determines, in its own discretion,that such funding is exhausted, reduced, eliminated, or unavailable from any funding source, for any reason. Section 2: Program Funding 2.1 Supplemental Funding 2.1.1 In addition to the Metropolitan Base Incentives,Participant Agency may provide additional funding to augment the Metropolitan Base Incentives amounts for those programs and devices that Participant Agency identifies, and in the amounts indicated, in the appropriate locations in Addendums 2A, 213, and 2C("Supplemental Funding"), The Supplemental Funding listed in Addendums 2A through 2C shall specify the amount of Supplemental Funding Participant Agency will provide per device or program, as well as the total maximum Supplemental Funding amount committed to each category of device or program. If the Participant Agency does not complete, sign, and return Addendums 2A through 2C to MWDOC, notwithstanding any other provision of this Agreement, the Participant Agency will not be bound by this Section or the provisions in Addendums 2A through 2C. In general, Supplemental Funding Addendums submitted by the 15th of a month will become effective the first of the following month. 2.1.2 If Participant Agency elects to provide Supplemental Funding or enhanced incentives under this Agreement for any device or program, Participant Agency is responsible for tracking the use of and the remaining availability of those funds. MWDOC will assist,in every way possible, but the ultimate responsibility for tracking all Participant Agency funding is the responsibility of Participant Agency. Participant Agency will ultimately be responsible for any overuse of Participant Agency Supplemental Funding. 2.1.3 Any requests for changes or revisions to Participant Agency's Supplemental Funding,including funding transfers between Programs, must be submitted by Participant Agency to MWDOC in the form of revised Addendum 2s listing the new finding amounts/limits, 2.1.4 The Participant Agency may elect to participate in the Supplemental Funding Program and be bound by the provisions of this Section 2.1, Sections 3, 5,6, 7, and 8 of this Agreement, and Addendum 2A through 2C by having its authorized representative complete and sign Addendum 2A through 2C in the spaces provided. 2.2 MWDOC Administered Programs 2.2.2 Participant Agency may elect to take advantage of the MWDOC.Administered Programs by having its authorized representative-complete and sign Addendums 3A through 3C in the spaces provided. If Participant Agency completes and signs Addendums 3A through 3C,Participant Agency agrees to be bound by the provisions of this Section 2.2, Sections 3, 5, 6, 7,and 8 of this Agreement, and Addendums 3A through Page 3 Item 14. - 9 Hg -222- 3C, If the Participant Agency does not complete,,sign,and return Addendums 3A through 3C,notwithstanding any other provision of this Agreement, the Participant Agency will not be bound by this Section or the provisions in Addendums 3A through 3C. 2.3 Participant Agency Administered Programs 2.3.1 From time to time, funding maybe made available for Participant Agency to operate a customized member agency administered local water conservation incentive program or programs ("Participant Agency Administered""PA" or"MAA Program") in its service area and access the Metropolitan Base Incentives for such,subject to MWDOC approval of the program and the terms and conditions of this Agreement and Addendum 4.The Participant Agency Administered Program(s)and requirements in connection with it are described in more detail in Addendum 4. 2.3,2 Upon receipt of approval of a Participant Agency Administered Program by MWDOC, Participant Agency is bound by the provisions of Sections 3, 5, 6,7, and 8 of this Agreement and Addendum 4. 2.4 Exhaustion of Funding 2,4,l In the event Participant Agency provided funding for any Program or device is exhausted, and Participant Agency does not elect to add additional funding or transfer available funding from another Program or device, MWDOC will discontinue offering the additional rebate funding for that Program or device in Participant Agency's service area.Notwithstanding any other provision in this Agreement,MWDOC may terminate this Agreement as it relates to Section 2 at any time without prior notice in the event that MWDOC determines that funding for any device or program on Addendums 2 through 4 or MW-DOC Grant Funding is exhausted,reduced,eliminated, or unavailable from any funding source,for any reason, Section 3•Participant Agency Responslbility and Ownership 3.1 Participant Agency, at its sole discretion, may independently contract with its own agents under separate agreements for program administration and management for any Participant Agency Administered Program provided that doing so does not comprom ise program performance, create or present a conflict of interest, or violate the terms of this Agreement. 3.2 Participant Agency and/or its agent shall provide all necessary services and materials for such Participant Agency Administered Programs including, but not limited to the following: program administration,promotion, marketing materials, data collection, and analysis, installation verification, and reporting. 3.3 All materials and supplies necessary to implement a Participant Agency Administered Program shall be the exclusive property of Participant Agency. MWDOC shall have no Page 4 HB -223- Item 14. - 10 ownership,right,title, security interest, or other interest in any Participant Agency Administered Program materials or supplies,nor any rights duties, or responsibilities, therefor. 3A Participant Agency is responsible for assuring that any Participant Agency Administered Program complies with all federal, state,and local requirements, 3.5 Participant Agency agrees to cooperate with M`WDOC's data management activities related to assessing device saturation and program success. 3.6 As part of any Participant Agency Administered Program,Participant Agency shall use, maintain, and submit to MWDOC within the designated timeframe an electronic database,to be approved by MWDOC prior to use, for any conservation items installed, distributed, or rebated by Participant Agency or its agents to avoid duplicate distributions and to determine the saturation rate of items by the appropriate geographic delineation. 3.7 Participant Agency is solely responsible for the performance of its staff or representatives in complying with the terms of this Agreement and for the proper allocation and appropriate use of funds provided by Metropolitan and/or MWDOC for the purpose of achieving water conservation savings under this Agreement. Section 4: MWDOC's Obligations 4.1 MWDOC will be response to Participant Agency for ensuring that timely reports on the Programs' results are prepared by MWDOC's staff. 4.2 MWDOC will develop a database of information regarding participation in the Programs and provide monthly electronic and/or written reports of activity to Participant Agency. 4.3 MWDOC will invoice Participant Agency for any Participant Agency funding obligations on a monthly basis for rebates issued in the previous month. 4.4 MWDOC does not guarantee any minimum number of rebates will be available for Participant Agency's service area. Section 5 Marketinj4. 5.1 Participant Agency agrees to assist in the marketing of programs it participates in under this Agreement. With regard to Participant Agency Administered Programs, Participant Agency will be solely responsible for marketing its Participant Agency Administered Program to customers in its service area. Section 6: Installation Verification 6.1 Participant Agency shall be responsible for conducting installation verifications of items installed,distributed, and/or rebated by Participant Agency under Participant Agency Page 15 Item 14. - 11 1-1B -224- Administered Programs, and/or for paying all costs associated with this verification. Installation verification measures for program devices must be designed to ensure that materials, installation verifications of eligible program devices, and services meet requirements established by Metropolitan,which requirements will be provided to Participant Agency by MWDOC. 6.2 Participant Agency may be responsible for conducting installation verifications of items installed, distributed, and/or rebated by Participant Agency or MWDOC under MWDOC Administered Programs,and/or for paying all costs associated with this verification. Installation verification measures for program devices must be designed to ensure that materials,installation verifications of eligible program devices, and services meet requirements established by Metropolitan;which requirements will be provided to Participant Agency by MWDOC, 6.3 MWDOC reserves the right to conduct installation verification of items within Participant Agency's service area. 64 Participant Agency acknowledges that any device receiving funding from Metropolitan may be subject to an installation verification to be performed by Metropolitan, or its agent(s), at Metropolitan's discretion, 6.5 Participant Agency shall promptly refund to MWDOC any amounts paid under any Participant Agency Administered Program or MWDOC Administered Program for installed or distributed devices in the event MWDOC or Metropolitan establishes via installation verification that the program devices were not installed. Section 7: Reporting and Invoicing 7.1 For any and all Supplemental Funding provided by Participant Agency and/or Participant Agency provided funding or inspection costs under the MWDOC Administered Programs pursuant to Section 2 of this Agreement,and as more particularly described in Addendums 2 and 3,MWDOC will invoice Participant Agency on a monthly basis for the cost of such funding, and Participant Agency must pay the full amount of such invoice within thirty(30)days of receipt of any such invoice. 7.2 For any and all Participant Agency Administered Program(s), Participant Agency will invoice MWDOC on a monthly basis, by the 10`r'of each month, for any approved funding and costs associated with the Participant Agency Administered Program(s) as indicated in and subject to the provisions of Addendum 4. MWDOC is under no responsibility to reimburse Participant Agency for any costs incurred by Participant Agency that are not approved by MWDOC consistent with the terms and conditions of this Agreement and Addendum 4.The invoice package shall include a fully completed, to the satisfaction of MWDOC,Excel customer/applicant spreadsheet showing program activity, and an invoice, signed by the General Manager or designee of Participant Agency, certifying the information provided as accurate.Participant Agency shall use the Excel customer/applicant spreadsheet and Invoice forams approved by MWDOC. Page( 6 HB -225- Item 1.4. - 12 7.3 Participant Agency shall maintain all Participant Agency Administered Program information, including Participant Agency applications, water bills, and purchase receipts, for a period of seven years from the end date of this Agreement. 7A Payment of Participant Agency invoices shall be in the form of either a credit on MWDOC's seater bill to Participant Agency or a check made payable to Participant Agency. Method of payment shall be at MWDOC's discretion. Section 8: Confidentiality &I MWDOC agrees to maintain the confidentiality of Participant Agency's customer names, addresses, and other information gathered in connection with this Agreement. MWDOC will not cause or permit the disclosure of such information expect as necessary to carry out any of the MWDOC Administered or Participant Agency Administered Programs, or as required by law. To the extent that MWDOC contracts with third party contractors to carry out all or any portion of any of the Programs, MWDOC will require such contractors to maintain the confidentiality of such customer information. 8.2 Notwithstanding anything to the contrary in this Agreement, Participant Agency acknowledges and agrees that MWDOC may request and use historical water consumption data for purposes of satisfying any grant water use and water quality evaluation requirements of any of the Programs. Participant Agency also acknowledges and agrees that MWDOC may also request to use Program applicant information, such as name, mailing address, site photos,and email address to market other water use efficiency programs to past applicants.A similar provision will be required of every individual applicant. Section 9. Indemnification. 9.1 The parties agree that each Party shall be responsible for its own actions,and the actions of its officers, employees, and agents, in performing services under this Agreement. Except as provided in this Agreement and its Addendums, each Party agrees to indemnify and hold the other Party and its officers and agents harmless and agrees to defend the other Party against any claim or asserted liability arising out of its actions, either willful or negligent, or the actions of its officers, employees, and agents, in performing services pursuant to this Agreement. Such indemnity will include any losses relating to any claim made, whether or not a court action is filed, and will include attorney fees and administrative and overhead costs related to or arising out of such claim or asserted liability. 9.2 Participant Agency shall include the following language in its agreement with any consultant or contractor retained by Participant Agency to work on any of the Program" "(Consultant) agrees at is sole cost and expense to protect, indemnify, defend, and hold harmless Metropolitan,MWDOC, and their associated Boards of Directors, officers, representatives, agents and employees from and against any and all claims and liability Page 7 Item 14. - 13 HB -226- of any kind(including, but not limited to, any claims or liability for injury or death to any person, damage to property, natural resources or to the environment, or water quality problems) that arise out of or related to Participant Agency's approval, construction, operation,repair,or ownership of any Program. Such indemnity shall include all damages and losses related to any claim made,whether or not a court action is filed,and shall include attorneys' fees, administrative and overhead costs, engineering and consulting fees,and all other costs related to our arising out of such claim or asserted liability." Section 10. Certification re Lobbying(43 CFR 18) 10.1 The undersigned hereby certifies on behalf of Participant Agency that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Participant Agency, to any person for influencing or attempting to influence an officer or 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, Ioan, or cooperative agreement. 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 in connection with a 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. To the extent federal funds are involved,the Participant Agency shall require that the language of this certification be included in the awards documents for any sub-awards by the Participant Agency at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans and cooperative agreements)and that sub-recipients, if any, shall certify accordingly. Section 11. Other Terms 11.1 Any alteration or variation of the terms of this Agreement will not be valid unless made in writing and signed by both Parties. 11.2 This Agreement will inure to the benefit of and be binding upon the Parties and their respective successors. 11.3 The partial or total invalidity of one or more parts of this Agreement will not affect the intent or validity of this Agreement. 11.4 This agreement shall be deemed a contract made under the laws of the State of California, and for all purposes will be interpreted in accordance with such laws, The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California; and that the venue of any action brought hereunder will be in Orange County, California. 111 Ill Page 8 HB -22 7- Item 14. - 14 11.5 This Agreement constitutes the entire agreement between the Parties. IN WETNESS WHEREOF,the parties hereto have executed this Agreement. MUNICIPAL WATER DISTRICT CITY OF HUNTINGTON BEACH, OF ORANGE COUNTY a municipal corporation of the State of California r By: By: Robert J. Hunter General Mana er Oayv Date; �' � j`l - - - Date: 9/21/2015 By: Ci Clerk Date: 9/21/2015 TIATED ATv PROVED: By-.,-A Date: 9/21/2 015 !Ciyy D APPROVED: By: anager Date: 9/21/2 015 APPRO O FORM: By: ty Attorney Date; t r, Page 9 Item 14. - 15 HB -228- Addendum 2A FY 15-16 Residential Program Participant Agency Supplemental Funding Authorization (Pg. 1 of 1) Regional Incentive Program Metropolitan Participant Agency Total Incentive incentive Incentive High Efficiency Clothes Washer(HECW) $85 $ $ High-Efficiency Toilets(HET) (Melded Rate) (Single-family) $100 $ ( $ Rotating Nozzles' $4 $ $ Rain Barrels $75 $ $ linciudes grant funding,when arant funds are available Check here❑ If the supplemental incentives are flat regardless of actual device cost Select one: Check here❑ if the supplemental Incentives are limited to the actual device cost (Actual device cost Is the retail price of the device excluding tax,shipping,labor or other charges) If Participant Agency has complex or more detailed requirements or wishes to stop their funding,please check this box, El sign this form and attach a spreadsheet or other documentation showing funding details. Participant Agency Name Authorized Funding $ Add/Subtract Additional Funds' $ Total Authorized Funding $ Start Date: End Date: 'If this is not the first form this fiscal year,indicate amount of funding being added orsubtracted. This funding authorization is effective only for the period designated by the Participant Agency above,or until a new authorization is approved and implemented by Metropolitan's vendor. Each form submitted shall include the total authorization of the Agency for the specified time period. No funds will be carried over from prior forms. Supplemental funding forms received by MWDOC by the 151h of a month will be sent to Metropolitan by the 20th of a month. Funding forms received by Metropolitan by the 20"of a month shall become effective on the first day of the following month unless a later Start Date is specified. Incentives will not be applied retroactively. Participant Agency is obligated to pay supplemental funding for any on-line commitments made while this authorization is in effect. By signing,Participant Agency agrees to these terms. Authorizing Signature General Manager/Designee Date MWDOC Date received: Approved by Use only: Date sent to Metropolitan: Comments: KB -229- Item 14. - 16 Addendum 2B 1=Y 15-16 CII Program Participant Agency Supplemental Funding Authorization (Pg. 1 of 2) Regional Incentive Program Metropolitan Participant Agency Total Incentive Incentive Incentive Plumbing Flow Control Valve $5 each $ $ Laminar Flow Restrictors $10 per Restrlctor $ $ Commercial HET--Tank Tye $100 $ $ Commercial HET—Flushometer $100 $ $ Multi-Family HET $100 $ $ Multl-Family HET(4-Liter) $145 $ $ Zero Water Urinals(ZWU) $200 $ $ Ultra Low Water Urinal(ULWU) $200 $ $ Large Rotary Nozzles $13 per Set $ $ Rotating Nozzles for Pop-up Spray Heads Retrofits' $4 per Nozzle $ $ In-Stem Flow Regulator $1 per Regulator $ $ pH-Cooling Tower Controller(pH-CTC) $1,750 $ $ Cooling Tower Conductivity Controller(CTCC) $625 $ $ Dry Vacuum Pump $125 per 0.5 HP $ $ Connectionless Food Steamers $485 per compartment $ $ Ice-Making Machines $1,000 $ $ Public Agency Landscape WBIC,CCIC,and SMSS $55 per Station $ $ Public Agency Landscape Large Rotary Nozzles $13 Per Set $ $ Public Agency Landscape Rotating Nozzles $6 per Nozzle $ $ i i Fitness Center HETTank Type or Flushometer $300 per HET $ $ Fitness Center Urinals ZWU and ULWU $500 per Urinal $ $ Item 1.4. - 17 HB -2310- Addendum 2B FY 15-16 CII Program Participant Agency Supplemental Funding Authorization (Pg. 2 of 2) Check here E] if the supplemental incentives are flat regardless of actual device cost Select one: Check here M if the supplemental incentives are limited to the actual device cost (Actual device cost Is the retail price of the device excluding tax,shipping,labor or other charges) If Participant Agency has complex or more detailed requirements,or wishes to stop their funding,please check ❑ this box,sign this form and attach a spreadsheet or other documentation showing funding details. Participant Agency Name Authorized Funding $ Add/Subtract Additional Funds' $ Total Authorized Funding $ Start Date: End Date: I. Includes grant funding, when grant funds are available. 2. If this Is not the first farm forthlsflscal year,indicate amaunt of funding being added or subtracted This funding authorization is effective only for the period designated by the Participant Agency above,or until anew authorization is approved and implemented by Metropolitan's vendor, Each form submitted shall include the total authorization of the Agency for the specified time period. No funds will be carried over from prior forms. Supplemental funding forms received by MWDOC by the 15"of a month will be sent to Metropolitan by the 2Dth of a month. Fundingforms received by Metropolitan by the 20"of a month shall become effective on the first day of the following month unless a later Start Date Is specified. Incentives will not be applied retroactively. Participant Agency is obligated to pay supplemental funding for any on-line commitments made while this authorization Is In effect. By signing,Participant Agency agrees to these terms. Participant Agency Authorizing Signature General Manager Date /Designee MWDOC pate received: Approved by Use Only: Date sent to Metropolitan,if applicable: Comments: HB _231- Item 14. - 18 Addendum 2C FY 15-16 Participant Agency Supplemental Funding Authorization for Water Savings Incentive Program Participant Agency Incentive (per 1,000 gal/yr) Supplement to Metropolitan's funding $ for Water Savings Incentive Program Participant Agency Total Authorized Funding* $ Start Date: End Date: *This authorization represents the Participant Agency's total funding for the period. This funding authorization is effective for only the period designated by the Participant Agency above or until a new authorization is approved and implemented by Metropolitan. Each form submitted shall Includethe total authorization of the Agency for the specified time period. Nofunds will be carried over from prior forms. Incentives will not be applied retroactively. i Water Savings Incentive Program projects are typically multl-year projects with incentives paid in subsequent years. Participant Agency Is required to authorize the project prior to MWDOC and Metropolitan's approvals. Participant Agency is obligated to pay supplemental funding for any projects MWDOC and Metropolitan approve while this authorization is in effect. MWDOC will invoice for the supplemental funding portion of Incentives when incentives are paid to the customer. Participating Agency shall reimburse MWDOC for any supplemental fu nding that the Participant Agency fails to provide as represented above and that MWDOC and/or Metropolitan provided or became obligated to provide on the Participant Agency's behalf. The terms of this authorization may be modified only in writing by authorized representatives of Participant Agency and MWDOC By signing, Participant Agency agrees to these terms, fE I i I Authorizing Signature General Manager/Designee Date MWDOC Date received: Approved by Use Only: I Date sent to Metropolitan, If applicable: Comments: Item 14. - 19 HB _23z_ Dept. ID PW 15-060 Page 1 of 2 Meeting Date:9/21/2015 F - CITY OF HU NTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 9/21/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of a Water Conservation Participation Agreement between the Municipal Water District of Orange County (MWDOC) and the City of Huntington Beach Statement of Issue: Submitted for City Council approval is a Water Conservation Participation Agreement with the Municipal Water District of Orange County (MWDOC). Financial Impact: Not applicable. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Water Conservation Participation Agreement between the Municipal Water District of Orange County and the City of Huntington Beach." Alternative Action(s): Do not approve the Water Conservation Participation Agreement Analysis: MWDOC created a "master" water conservation participation agreement that combines the majority of the conservation rebate programs and incentives into one agreement. These programs include the rain barrel, high efficiency toilets, and low-flow valve controls rebates, among others. Agencies are not required to participate in all programs, but the master participation agreement saves agencies from the need to secure approval for each individual program. The City of Huntington Beach has executed participation agreements for these individual programs in the past. The agreement does not bind the City to any costs, nor does it preclude the City from augmenting any of these programs for Huntington Beach businesses or residents. The City is not anticipating an increase in the amount of water conservation staff time needed to support the water conservation programs with the implementation of this new agreement. Environmental Status: Not Applicable Public Works Commission Status: Not Applicable Item 11. - I HB -538- Dept. ID PW 15-060 Page 2 of 2 Meeting Date:9/21/2015 Strategic Plan Goal: Non-Applicable —Administrative Item Attachment(s1: 1. Water Conservation Participation Agreement between the Municipal Water District of Orange County and the City of Huntington Beach I i HB -539- Item 11. - 2 Water Conservation Participation Agreement between the Municipal Water District of Orange County and the City of Huntington Beach This Water Conservation Participation Agreement("Agreement") is made between the Municipal Water District of Orange County ("MWDOC") and the City of Huntington Beach ("Participant Agency"). MWDOC and Participant Agency may be collectively referred to as "Parties" and individually as "Party." Recitals A. The Metropolitan Water District of Southern California ("Metropolitan")provides incentive funding to residential, commercial, and industrial water users in its service area for a variety of water conservation activities, including, but not limited to, rebates for the purchase and installation of water-saving devices ("Metropolitan Base Incentives"). B. MWDOC is a member agency of Metropolitan and has agreements with Metropolitan that enable residential, commercial, and industrial water users in MWDOC's service area, and for the benefit of MWDOC's member agencies, to participate in and take advantage of Metropolitan's Base Incentives. C. Participant Agency, as a MWDOC member agency or a direct Metropolitan member agency, may elect to participate in Metropolitan's program to replace non-conserving items within its service area. D. The Metropolitan Base Incentives amounts for each eligible device or program available to MWDOC and Metropolitan member agencies are listed in the attached Addendums IA and 1B. It is expected that Metropolitan will establish funding for additional water conservation items and to change some or all of the existing funding rates throughout the term of this Agreement. Any such changes will be incorporated herein by amendment to Addendums IA and 1 B. E. Metropolitan and MWDOC each have fiscal responsibility to manage their individual budgets, and hence may have a need to limit availability of funds. F. MWDOC and Metropolitan member agencies may also choose to provide additional supplemental funding of their own to augment the Metropolitan Base Incentives. Based on the terms and conditions of this Agreement, MWDOC will facilitate supplemental funding for Participant Agency through the Metropolitan rebate contractor("Rebate Contractor") or MWDOC directly. Metropolitan member agencies will coordinate any supplemental funding directly with Metropolitan. G. In addition to the Metropolitan Base Incentives, MWDOC has developed and arranged additional local, state, and federal grant funding("Grant Funding") for eligible devices in a number of water conservation programs ("MWDOC Administered Programs")that MWDOC offers to Participant Agency and Metropolitan member agencies. This grant funding may be used to enhance the Metropolitan Base Incentives. Granting agencies Page 1 include, but are not limited to, the Department of Water Resources and the United States Bureau of Reclamation. H. Participant Agency may also operate customized, local water conservation incentive programs in their respective service areas ("Participant Agency Administered Programs) and may have access to the Metropolitan Base Incentives and Grant Funding for such, subject to MWDOC and Metropolitan approval and the terms and conditions of this Agreement and any MWDOC and/or Metropolitan agreements. 1. The purpose of this Agreement is to create a master water conservation participation agreement between MWDOC and Participant Agency that combines all of the conservation programs and incentives ("Programs") into one agreement. Addendums to this Agreement will be issued for changes involving Metropolitan approved items, MWDOC Board approved items, Grant Funding, adding and subtracting MWDOC Administered Programs and Participant Agency Administered Programs as identified in Section 2, and changes to incentive programs, including funding and incentive levels. NOW THEREFORE, in consideration of the promises and covenants hereinafter set forth, the Parties do agree as follows: Section 1: Agreement Term and Administration 1.1 This Agreement will be effective on July 1, 2015 or upon execution of this Agreement by all Parties, whichever is later, and shall terminate on June 30, 2025 (`Term"). Continuance of this Agreement will be subject to annual budget approval by MWDOC's Board of Directors. 1.2 This Agreement may be amended at any time by written mutual agreement of the Parties, or by Addendums issued by MWDOC as set forth in Recital I. 1.3 This Agreement may be terminated by either Parry for any reason upon thirty (30) days written notice to the other Parry. 1.4 All Addendums are enforced for the duration of this Agreement unless the Addendums are amended or terminated by either Party. 1.5 In the event the Agreement is terminated early, Participant Agency is responsible for payment of any funding contributions required by this Agreement that that were initiated prior to the effective date of the termination. For purposes of this Agreement, an application is deemed initiated when an application has been received by Metropolitan's rebate vendor, EGIA, by MWDOC, or a reservation has been made within any of MWDOC's online application portals that is pursuant to any of the programs described within this Agreement and the attached Addendums. 1.6 Notwithstanding any other provision in this Agreement, funds for all of the programs described within this Agreement and the attached Addendums are conditioned upon the Page 2 availability of funds and MWDOC is under no obligation to provide funding for any of the programs if MWDOC determines, in its own discretion, that such funding is exhausted, reduced, eliminated, or unavailable from any funding source, for any reason. Section 2: Program Funding 2.1 Supplemental Funding 2.1.1 In addition to the Metropolitan Base Incentives, Participant Agency may provide additional funding to augment the Metropolitan Base Incentives amounts for those programs and devices that Participant Agency identifies, and in the amounts indicated, in the appropriate locations in Addendums 2A, 213, and 2C ("Supplemental Funding"). The Supplemental Funding listed in Addendums 2A through 2C shall specify the amount of Supplemental Funding Participant Agency will provide per device or program, as well as the total maximum Supplemental Funding amount committed to each category of device or program. If the Participant Agency does not complete, sign, and return Addendums 2A through 2C to MWDOC, notwithstanding any other provision of this Agreement,the Participant Agency will not be bound by this Section or the provisions in Addendums 2A through 2C. In general, Supplemental Funding Addendums submitted by the 15t" of a month will become effective the first of the following month. 2.1.2 If Participant Agency elects to provide Supplemental Funding or enhanced incentives under this Agreement for any device or program, Participant Agency is responsible for tracking the use of and the remaining availability of those funds. MWDOC will assist, in every way possible, but the ultimate responsibility for tracking all Participant Agency funding is the responsibility of Participant Agency, Participant Agency will ultimately be responsible for any overuse of Participant Agency Supplemental Funding. 2.1.3 Any requests for changes or revisions to Participant Agency's Supplemental Funding, including funding transfers between Programs, must be submitted by Participant Agency to MWDOC in the form of revised Addendum 2s listing the new funding amounts/limits. 2.1.4 The Participant Agency may elect to participate in the Supplemental Funding Program and be bound by the provisions of this Section 2.1, Sections 3, 5, 6, 7, and 8 of this Agreement, and Addendum 2A through 2C by having its authorized representative complete and sign Addendum 2A through 2C in the spaces provided. 2.2 MWDOC Administered Programs 2.2.2 Participant Agency may elect to take advantage of the MWDOC Administered Programs by having its authorized representative complete and sign Addendums 3A through 3C in the spaces provided. If Participant Agency completes and signs Addendums 3A through 3C, Participant Agency agrees to be bound by the provisions of this Section 2.2, Sections 3, 5, 6, 7, and 8 of this Agreement, and Addendums 3A through Page 3 3C. If the Participant Agency does not complete, sign, and return Addendums 3A through 3C, notwithstanding any other provision of this Agreement, the Participant Agency will not be bound by this Section or the provisions in Addendums 3A through 3C. 2.3 Participant Agency Administered Programs 2.3.1 From time to time, funding may be made available for Participant Agency to operate a customized member agency administered local water conservation incentive program or programs ("Participant Agency Administered" "PA" or"MAA Program") in its service area and access the Metropolitan Base Incentives for such, subject to MWDOC approval of the program and the terms and conditions of this Agreement and Addendum 4. The Participant Agency Administered Program(s) and requirements in connection with it are described in more detail in Addendum 4. 2.3.2 Upon receipt of approval of a Participant Agency Administered Program by MWDOC, Participant Agency is bound by the provisions of Sections 3, 5, 6, 7, and 8 of this Agreement and Addendum 4. 2.4 Exhaustion of Funding 2.4.1 In the event Participant Agency provided funding for any Program or device is exhausted, and Participant Agency does not elect to add additional funding or transfer available funding from another Program or device, MWDOC will discontinue offering the additional rebate funding for that Program or device in Participant Agency's service area.Notwithstanding any other provision in this Agreement,MWDOC may terminate this Agreement as it relates to Section 2 at any time without prior notice in the event that MWDOC determines that funding for any device or program on Addendums 2 through 4 or MWDOC Grant Funding is exhausted, reduced, eliminated, or unavailable from any funding source, for any reason. Section 3: Participant Agency Responsibility and Ownership 3.1 Participant Agency, at its sole discretion, may independently contract with its own agents under separate agreements for program administration and management for any Participant Agency Administered Program provided that doing so does not compromise program performance, create or present a conflict of interest, or violate the terms of this Agreement. 3.2 Participant Agency and/or its agent shall provide all necessary services and materials for such Participant Agency Administered Programs including, but not limited to the following: program administration,promotion, marketing materials, data collection, and analysis, installation verification, and reporting. 3.3 All materials and supplies necessary to implement a Participant Agency Administered Program shall be the exclusive property of Participant Agency. MWDOC shall have no Page 4 ownership, right, title, security interest, or other interest in any Participant Agency Administered Program materials or supplies, nor any rights duties, or responsibilities, therefor. 3.4 Participant Agency is responsible for assuring that any Participant Agency Administered Program complies with all federal, state, and local requirements. 3.5 Participant Agency agrees to cooperate with MWDOC's data management activities related to assessing device saturation and program success. 3.6 As part of any Participant Agency Administered Program,Participant Agency shall use, maintain, and submit to MWDOC within the designated timeframe an electronic database, to be approved by MWDOC prior to use, for any conservation items installed, distributed, or rebated by Participant Agency or its agents to avoid duplicate distributions and to determine the saturation rate of items by the appropriate geographic delineation. 3.7 Participant Agency is solely responsible for the performance of its staff or representatives in complying with the terms of this Agreement and for the proper allocation and appropriate use of funds provided by Metropolitan and/or MWDOC for the purpose of achieving water conservation savings under this Agreement. Section 4: MWDOC's Obligations 4.1 MWDOC will be response to Participant Agency for ensuring that timely reports on the Programs' results are prepared by MWDOC's staff. 4.2 MWDOC will develop a database of information regarding participation in the Programs and provide monthly electronic and/or written reports of activity to Participant Agency. 4.3 MWDOC will invoice Participant Agency for any Participant Agency funding obligations on a monthly basis for rebates issued in the previous month. 4.4 MWDOC does not guarantee any minimum number of rebates will be available for Participant Agency's service area. Section 5 Marketing. 5.1 Participant Agency agrees to assist in the marketing of programs it participates in under this Agreement. With regard to Participant Agency Administered Programs, Participant Agency will be solely responsible for marketing its Participant Agency Administered Program to customers in its service area. Section 6: Installation Verification 6.1 Participant Agency shall be responsible for conducting installation verifications of items installed, distributed, and/or rebated by Participant Agency under Participant Agency Page 15 Administered Programs, and/or for paying all costs associated with this verification. Installation verification measures for program devices must be designed to ensure that materials, installation verifications of eligible program devices, and services meet requirements established by Metropolitan, which requirements will be provided to Participant Agency by MWDOC. 6.2 Participant Agency may be responsible for conducting installation verifications of items installed, distributed, and/or rebated by Participant Agency or MWDOC under MWDOC Administered Programs, and/or for paying all costs associated with this verification. Installation verification measures for program devices must be designed to ensure that materials, installation verifications of eligible program devices, and services meet requirements established by Metropolitan,which requirements will be provided to Participant Agency by MWDOC. 6.3 MWDOC reserves the right to conduct installation verification of items within Participant Agency's service area. 6.4 Participant Agency acknowledges that any device receiving funding from Metropolitan may be subject to an installation verification to be performed by Metropolitan, or its agent(s), at Metropolitan's discretion. 6.5 Participant Agency shall promptly refund to MWDOC any amounts paid under any Participant Agency Administered Program or MWDOC Administered Program for installed or distributed devices in the event MWDOC or Metropolitan establishes via installation verification that the program devices were not installed. Section 7: Reporting and Invoicing 7.1 For any and all Supplemental Funding provided by Participant Agency and/or Participant Agency provided funding or inspection costs under the MWDOC Administered Programs pursuant to Section 2 of this Agreement, and as more particularly described in Addendums 2 and 3,MWDOC will invoice Participant Agency on a monthly basis for the cost of such funding, and Participant Agency must pay the full amount of such invoice within thirty (30) days of receipt of any such invoice. 7.2 For any and all Participant Agency Administered Program(s), Participant Agency will invoice MWDOC on a monthly basis, by the 1 Oth of each month, for any approved funding and costs associated with the Participant Agency Administered Program(s) as indicated in and subject to the provisions of Addendum 4. MWDOC is under no responsibility to reimburse Participant Agency for any costs incurred by Participant Agency that are not approved by MWDOC consistent with the terms and conditions of this Agreement and Addendum 4. The invoice package shall include a fully completed, to the satisfaction of MWDOC, Excel customer/applicant spreadsheet showing program activity, and an invoice, signed by the General Manager or designee of Participant Agency, certifying the information provided as accurate. Participant Agency shall use the Excel customer/applicant spreadsheet and Invoice forms approved by MWDOC. Page ( 6 73 Participant Agency shall maintain all Participant Agency Administered Program information, including Participant Agency applications, water bills, and purchase receipts, for a period of seven years from the end date of this Agreement. 7.4 Payment of Participant Agency invoices shall be in the form of either a credit on MWDOC's water bill to Participant Agency or a check made payable to Participant Agency. Method of payment shall be at MWDOC's discretion. Section 8: Confidentiality 8.1 MWDOC agrees to maintain the confidentiality of Participant Agency's customer names, addresses, and other information gathered in connection with this Agreement. MWDOC will not cause or permit the disclosure of such information expect as necessary to carry out any of the MWDOC Administered or Participant Agency Administered Programs, or as required by law. To the extent that MWDOC contracts with third party contractors to carry out all or any portion of any of the Programs, MWDOC will require such contractors to maintain the confidentiality of such customer information. 8.2 Notwithstanding anything to the contrary in this Agreement, Participant Agency acknowledges and agrees that MWDOC may request and use historical water consumption data for purposes of satisfying any grant water use and water quality evaluation requirements of any of the Programs. Participant Agency also acknowledges and agrees that MWDOC may also request to use Program applicant information, such as name, mailing address, site photos, and email address to market other water use efficiency programs to past applicants. A similar provision will be required of every individual applicant. Section 9. Indemnification. 9.1 The parties agree that each Party shall be responsible for its own actions, and the actions of its officers, employees, and agents, in performing services under this Agreement. Except as provided in this Agreement and its Addendums, each Party agrees to indemnify and hold the other Party and its officers and agents harmless and agrees to defend the other Party against any claim or asserted liability arising out of its actions, either willful or negligent, or the actions of its officers, employees, and agents, in performing services pursuant to this Agreement. Such indemnity will include any losses relating to any claim made, whether or not a court action is filed, and will include attorney fees and administrative and overhead costs related to or arising out of such claim or asserted liability. 9.2 Participant Agency shall include the following language in its agreement with any consultant or contractor retained by Participant Agency to work on any of the Program" "(Consultant) agrees at is sole cost and expense to protect, indemnify, defend, and hold harmless Metropolitan, MWDOC, and their associated Boards of Directors, officers, representatives, agents and employees from and against any and all claims and liability Page 7 of any kind (including, but not limited to, any claims or liability for injury or death to any person, damage to property, natural resources or to the environment, or water quality problems) that arise out of or related to Participant Agency's approval, construction, operation, repair, or ownership of any Program. Such indemnity shall include all damages and losses related to any claim made, whether or not a court action is filed, and shall include attorneys' fees, administrative and overhead costs, engineering and consulting fees, and all other costs related to our arising out of such claim or asserted liability." Section 10. Certification re Lobbying_(43 CFR 18) 10.1 The undersigned hereby certifies on behalf of Participant Agency that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Participant Agency, to any person for influencing or attempting to influence an officer or employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the malting 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. 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 in connection with a 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. To the extent federal funds are involved,the Participant Agency shall require that the language of this certification be included in the awards documents for any sub-awards by the Participant Agency at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that sub-recipients, if any, shall certify accordingly. Section 11. Other Terms 11.1 Any alteration or variation of the terms of this Agreement will not be valid unless made in writing and signed by both Parties. 11.2 This Agreement will inure to the benefit of and be binding upon the Parties and their respective successors. 11.3 The partial or total invalidity of one or more parts of this Agreement will not affect the intent or validity of this Agreement. 11.4 This agreement shall be deemed a contract made under the laws of the State of California, and for all purposes will be interpreted in accordance with such laws. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California, and that the venue of any action brought hereunder will be in Orange County, California. HI Page 8 11.5 This Agreement constitutes the entire agreement between the Parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. MUNICIPAL WATER DISTRICT CITY OF HUNTINGTON BEACH, OF ORANGE COUNTY a municipal corporation of the State of California `Op r By: By: Robert J. Hunter General Manager ayor Date: Date: 9/21/2015 By: Ci Clerk Date: 9/21/2015 TIATED A PROVED: Date: 9/21/2015 RE ND APPROVED: By: Ci y Manager Date: 9/21/2015 APPRO O FORM: By: ty Attorney Date: Page 9 Addendum 2A FY 15-16 Residential Program Participant Agency Supplemental Funding Authorization (Pg. 1 of 1) Regional Incentive Program Metropolitan Participant Agency Total Incentive Incentive Incentive High Efficiency Clothes Washer(HECW) $85 $ $ High-Efficiency Toilets(HET) (Melded Rate) (Single-family) $100 $ $ Rotating Nozzles' $4 $ $ Rain Barrels $75 $ $ 'Includes grant funding,when grant funds are available Check here❑ if the supplemental incentives are flat regardless of actual device cost Select one: Check here❑ if the supplemental incentives are limited to the actual device cost (Actual device cost is the retail price of the device excluding tax,shipping,labor or other charges) If Participant Agency has complex or more detailed requirements or wishes to stop their funding, please check this box, El sign this form and attach a spreadsheet or other documentation showing funding details. Participant Agency Name Authorized Funding $ Add/Subtract Additional Funds' $ Total Authorized Funding $ Start Date: End Date: 'If this is not the first form this fiscal year, indicate amount of funding being added or subtracted. This funding authorization is effective only for the period designated by the Participant Agency above, or until a new authorization is approved and implemented by Metropolitan's vendor. Each form submitted shall include the total authorization of the Agency for the specified time period. No funds will be carried over from prior forms. Supplemental funding forms received by MWDOC by the 151h of a month will be sent to Metropolitan by the 20th of a month. Funding forms received by Metropolitan by the 201h of a month shall become effective on the first day of the following month unless a later Start Date is specified. Incentives will not be applied retroactively. Participant Agency is obligated to pay supplemental funding for any on-line commitments made while this authorization is in effect. By signing, Participant Agency agrees to these terms. Authorizing Signature General Manager/Designee Date MWDOC Date received: Approved by Use Only: Date sent to Metropolitan: Comments: Addendum 26 FY 15-16 CII Program Participant Agency Supplemental Funding Authorization (Pg. 1 of 2) Regional Incentive Program Metropolitan Participant Agency Total Incentive Incentive Incentive Plumbing Flow Control Valve $5 each $ $ Laminar Flow Restrictors $10 per Restrictor $ $ Commercial HET—Tank Type $100 $ $ Commercial HET—Flushometer $ 100 $ $ Multi-Family HET $ 100 $ $ Multi-Family HET(4-Liter) $145 $ $ Zero Water Urinals(ZWU) $200 $ $ Ultra Low Water Urinal(ULWU) $200 $ $ Large Rotary Nozzles $13 per Set $ $ Rotating Nozzles for Pop-up Spray Heads Retrofits' $4 per Nozzle $ $ In-Stem Flow Regulator $ 1 per Regulator $ $ pH-Cooling Tower Controller(pH-CTC) $1,750 $ $ Cooling Tower Conductivity Controller(CTCC) $625 $ $ Dry Vacuum Pump $125 per 0.5 HP $ $ Connectionless Food Steamers $485 per compartment $ $ Ice-Making Machines $1,000 $ $ Public Agency Landscape WBIC,CCIC,and SMSS $55 per Station $ $ Public Agency Landscape Large Rotary Nozzles $13 Per Set $ $ Public Agency Landscape Rotating Nozzles $6 per Nozzle $ $ Fitness Center HET Tank Type or Flushometer $300 per HET $ $ Fitness Center Urinals ZWU and ULWU $500 per Urinal $ $ Addendum 2B FY 15-16 CII Program Participant Agency Supplemental Funding Authorization (Pg. 2 of 2) Check here❑ if the supplemental incentives are flat regardless of actual device cost Select one: Check here❑ if the supplemental incentives are limited to the actual device cost (Actual device cost is the retail price of the device excluding tax,shipping, labor or other charges) If Participant Agency has complex or more detailed requirements, or wishes to stop their funding,please check ❑ this box,sign this form and attach a spreadsheet or other documentation showing funding details. Participant Agency Name Authorized Funding $ Add/Subtract Additional Funds2 $ Total Authorized Funding $ Start Date: End Date: 1. Includes grant funding, when grant funds are available. 2. If this is not the first form for this fiscal year, indicate amount of funding being added or subtracted This funding authorization is effective only for the period designated by the Participant Agency above, or until a new authorization is approved and implemented by Metropolitan's vendor. Each form submitted shall include the total authorization of the Agency for the specified time period. No funds will be carried over from prior forms. Supplemental funding forms received by MWDOC by the 15th of a month will be sent to Metropolitan by the 20th of a month. Funding forms received by Metropolitan by the 201h of a month shall become effective on the first day of the following month unless a later Start Date is specified. Incentives will not be applied retroactively. Participant Agency is obligated to pay supplemental funding for any on-line commitments made while this authorization is in effect. Bysigning,Participant Agency agrees to these terms. Participant Agency Authorizing Signature General Manager Date /Designee MWDOC Date received: Approved by Use Only: Date sent to Metropolitan,if applicable: Comments: Addendum 2C FY 15-16 Participant Agency Supplemental Funding Authorization for Water Savings Incentive Program Participant Agency Incentive(per 1,000 gal/yr) Supplement to Metropolitan's funding $ for Water Savings Incentive Program Participant Agency Total Authorized Funding* $ Start Date: End Date: *This authorization represents the Participant Agency's total funding for the period. This funding authorization is effective for only the period designated by the Participant Agency above or until a new authorization is approved and implemented by Metropolitan. Each form submitted shall include the total authorization of the Agency for the specified time period. No funds will be carried over from prior forms. Incentives will not be applied retroactively. Water Savings Incentive Program projects are typically multi-year projects with incentives paid in subsequent years. Participant Agency is required to authorize the project prior to MWDOC and Metropolitan's approvals. Participant Agency is obligated to pay supplemental funding for any projects MWDOC and Metropolitan approve while this authorization is in effect. MWDOC will invoice for the supplemental funding portion of incentives when incentives are paid to the customer. Participating Agency shall reimburse MWDOC for any supplemental funding that the Participant Agency fails to provide as represented above and that MWDOC and/or Metropolitan provided or became obligated to provide on the Participant Agency's behalf. The terms of this authorization may be modified only in writing by authorized representatives of Participant Agency and MWDOC. By signing, Participant Agency agrees to these terms. Authorizing Signature General Manager/Designee Date IVIWDOC Date received: Approved by Use Only: Date sent to Metropolitan, if applicable: Comments: MUNICIPAL WATER OF ORANGE COUNTY Street Address: 18700 Ward Street Fountain Valley,California 92708 Mailing Address: July 15, 2016 P.O.Box 20895 Fountain Valley,CA 92728-0895 (714)963-3058 Fax:(714)964-9389 TO: Joan L. Flynn www.mwdoacom City of Huntington Beach Wayne S.Osborne 2000 Main Street President Brett Preside Huntington Beach, CA 92648 BarbVice President Larry D.Dick FROM: Corinne Van Dyke Director Water Use Efficiency Intern Joan C.Finnegan Director Susan Hinman RE: Water Conservation Participation Agreement between Director the Municipal Water District of Orange County and the SatTamaribuchi City of Huntington Beach Director Jeffery M.Thomas Director ❑ FOR YOUR INFORMATION ElPURSUANT TO YOUR REQUEST Robert J.Hunter General Manager ® COPY FOR YOUR FILE ❑ PLEASE COMMENT IN WRITING MEMBER AUNCIES ❑ PLEASE SIGN AND RETURN ❑ RESPONSE REQUIRED BY City of Brea ❑ PLEASE REVIEW AND CALL ❑ RETURN ENVELOPE ENCLOSED City of Buena Park I TO DISCUSS East Orange County Water District El Toro Water District ❑ PLEASE TAKE CARE OF ❑ SEE INSTRUCTIONS BELOW Emerald Bay Service District City of Fountain Valley ❑ OTHER City of Garden Grove Golden State Water Co. Enclosed please find one fully-executed copy of the above-referenced City of Huntington Beach Irvine Ranch Water District j Agreement. 4 Laguna Beach County Water District City of La Habra City of La Palma Mesa Water District Moulton Niguel Water District City of Newport Beach City of Orange Orange County Water District I City of San Clemente City of San Juan Capistrano Santa Margarita Water District j City of Seal Beach k Serrano Water District j South Coast Water District Trabuco Canyon Water District City of Tustin City of Westminster Yorba Linda Water District I 9City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 www.huntingtonbeachea.gov Fa•i> >eoe, °� Office of the City Clerk ' Joan L. Flynn,City Clerk September 29, 2015 Robert J. Hunter, General Manager Municipal Water District of Orange County 18700 Ward St. P. O. Box 20895 Fountain Valley, CA 92728 Dear Mr. Hunter Enclosed please find two originals of"Water Conservation Participation Agreement Between the Municipal Water District of Orange County and the City of Huntington Beach" AND one original of "Agreement For Sharing Consultant Costs for 2015 Urban Water Management Plans," Upon execution, please return one original of the Water Conservation Participation Agreement and one copy of the Agreement For Sharing Consultant Costs for 2015 Urban Water Management Plans to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, 9Ja n L. Flynn City-Clerk JF:pe Enclosures Sister Cities: Anjo,Japan Waitakere,New Zealand