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HomeMy WebLinkAboutMWDOC - Municipal Water District of Orange County - 2013-09-16Dept. ID PW 13-061 Page 1 of 1 Meeting Date: 9/16/2013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL. ACTION MEETING DATE: 9/16/2013 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 an Agreement with the Municipal Water District of Orange County (MWDOC) for participation in the Turf Removal Proqram Statement of Issue: Submitted for City Council approval is an agreement with the Municipal Water District of Orange County (MWDOC) for participation in the Turf Removal Program. Financial Impact: Not applicable Recommended Action: Approve and authorize the Mayor, City Manager and City Clerk to execute the "Agreement for Participation in the Municipal Water District of Orange County's Turf Removal Program." Alternative Action(s): Do not approve the agreement Analysis: MWDOC developed a Turf Removal Program to provide financial incentives for property owners to remove turf on residential and small commercial properties. Through this program, residential and small commercial customers are eligible to receive $1.00 per square foot of turf removed for qualifying projects. . MWDOC will fund $.30 per square foot of turf removed. The Metropolitan Water District (MET) had provided a grant to fund the additional $.70. As it is uncertain if MET will continue this funding, the Public Works Utilities Division FY 2013-14 budget request includes $30,000 in Water Fund account 50685806.69530 to continue to provide the additional $.70 to supplement this program. The City has participated in the Turf Removal Program for the past three years and has had 40 property owners utilize the program. Environmental Status: Not Applicable Public Works Commission Status: Not Applicable Strategic Plan Goal: Improve the City's infrastructure Attachment(s): Agreement with the Municipal Water District of Orange County for Participation in the Turf Removal Program HB -97- Item 7. - I MM ILiON A Agreement for Participation in Municipal Water District of Orange County's 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 HUNTINGTON 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. 1. 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 shad 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 $0.00. 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-Y 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 "$0" funds: TABLE 3.1 — OPTIONAL SUPPLEMENTAL FUNDING Agency: City of Huntington Beach Su lemental Fundin Levels Incentive per Square Foot/site $0.70 Not to Exceed Funding Ca $70,000.00 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 $0.30 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 $0.30 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 WATEV DISTRICT OF ORAN\G C N Brim General Manager Date: oe0 � a '�-► v�, e; joa , CITY OF HUNTINGTON BEACH Name: Connie Boardman Mayor Date: / I , 7--3 11 '3__ ed A. Wi 1 son , City Manager Approved as to Form V. ' I'lane Name: <—gity Attorney Date: q jqjj 3 MUNICIPAL WATER DISTRICT OF ORANGE COUNTY Street Address: 18700 Ward Street Fountain Valley, California 92708 Mailing Address: P.O. Box 20895 Fountain Valley, CA 92728-0895 (714)963-3058 Fax: (714) 964-9389 www.mwdoc.com Joan C. Finnegan President Jeffery M. Thomas Vice President Brett R. Barbre Director Larry D. Dick Director Wayne A. Clark Director Susan Hinman Director Wayne Osborne Director Robert J. Hunter General Manager MEMBER AGENCIES City of Brea City of Buena Park East Orange County Water District El Toro Water District Emerald Bay Service District City of Fountain Valley City of Garden Grove Golden State Water Co. City of Huntington Beach Irvine Ranch Water District 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 October 7, 2013 TO: Joan L. Flynn City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 FROM: Beth Fahl Water Use Efficiency Programs Coordinator RE: Agreement for Participation in Municipal Water District of Orange County's Turf Removal Program ❑ FOR YOUR INFORMATION ❑ PURSUANT TO YOUR REQUEST ® COPY FOR YOUR FILE ❑ PLEASE SIGN AND RETURN ❑ PLEASE REVIEW AND CALL TO DISCUSS ❑ PLEASE TAKE CARE OF ❑ OTHER ❑ PLEASE COMMENT IN WRITING ❑ RESPONSE REQUIRED BY ❑ RETURN ENVELOPE ENCLOSED ❑ SEE INSTRUCTIONS BELOW Enclosed please find one fully -executed copy of the above -referenced Agreement. Esparza, Patty From: Davis, Chris Sent: Wednesday, September 18, 2013 7:12 AM To: Esparza, Patty Subject: RE: initials.on MWDOC contracts The City will do the inspections for the Turf Removal agreement)MWDOC will do the inspections for the Home n HRreeme From: Esparza, Patty Sent: Tuesday, September 17, 2013 3:53 PM To: Davis, Chris Subject: initials on MWDOC contracts Hi Chris — before I meet with the Mayor to sign the above agreements approved last night, please verify where the Mayor should initial on the first page of each contract. Thanks! Patty Esparza, CMC Senior Deputy City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5260 City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 © www.huntingtonbeachca.gov .Office of the City Clerk Joan L. Flynn, City Clerk September 26, 2013 Beth Fahl Municipal Water District of Orange County P.O. Box 20895 Fountain Valley CA 92708 Dear Ms. Fahl: Enclosed please find two originals each of the "Agreement for Participation in Municipal. Water District of Orange County's Turf Removal Program" and "Agreement for Participation in Municipal Water District of Orange County's Water Smart Home Certification Program." Upon execution, please return one original of each contract to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosures 0 Sister Cities: Anjo, Japan 0 Waitakere, New Zealand Esparza, Patty From: Davis, Chris Sent: Wednesday, September 25, 2013 10:33 AM To: Esparza, Patty Subject: RE: need address info Patty — nd both to: Municipal Water District of Orange County PO Box 20895 Fountain Valley, CA 92708 Attn: Beth Fahl (Address is 18700 Ward Street if you can't send to PO Box) From: Esparza, Patty Sent: Tuesday, September 24, 2013 10:46 AM To: Davis, Chris Subject: need address info Hi Chris — I need the name & address information for the Water Smart Home Cert Program & the Turf Removal Program. Thanks! Patty Esparza, CT2C Senior Deputy City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) S36-S260 1