2007/11/13 City Council Resolution 2007-184RESOLUTION NO. 2007-184
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE
FIRST AMENDED COOPERATIVE AGREEMENT BETWEEN THE
SONOMA COUNTY WATER AGENCY AND THE CITY OF ROHNERT PARK
FOR FUNDING AND ADMINISTRATION OF THE CITY OF ROHNERT PARK
WATER CONSERVATION PROGRAM FUNDED IN FISCAL YEAR 2006/2007
WHEREAS, the City of Rohnert Park requires water conservation program
services;
WHEREAS, Sonoma County Water Agency is qualified to provide such
services;
WHEREAS, the existing Cooperative Agreement for Funding and
Administration of the City of Rohnert Park Water Conservation Program Funded in
Fiscal Year 2006/2007 authorized by Resolution No. 2007 -33 requires amendment in
order to include grant funding pursuant to the California Safe Drinking Water, Clean
Water, Watershed Protection, and Flood Protection Act for Weather -Based Irrigation
Controller Programs, and;
WHEREAS, this amendment brings the total contribution from Sonoma County
Water Agency for implementation and administration of City's water conservation
program to $255,414.
NOW, THEREFORE, be it resolved by the City Council of the City of Rohnert
Park that the First Amended Cooperative Agreement for Funding and Administration of
the City of Rohnert Park Water Conservation Program Funded in Fiscal Year 2006/2007
is hereby approved.
DULY AND REGULARLY ADOPTED this 13th day of November, 2007.
ATTEST:
Clerk
CITY OF ROHNERT PARK
IN
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BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: ABSENT
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First Amended Cooperative Agreement for
Funding and Administration of the
City of Rohnert Park Water Conservation Program
Funded in Fiscal Year 2006 /2007
This Agreement is between the Sonoma County Water Agency, a body corporate and politic of the
State of California (hereinafter "Agency'), and City of Rohnert Park (hereinafter "City ").
RECITALS
A. City and Agency share the goal of promoting increased water use efficiency in order to reduce
operating costs, avoid or defer capital improvement costs associated with expansion of water
supply and wastewater disposal systems, minimize associated environmental impacts, and meet
the criteria and standards of state and federal regulatory agencies.
B. The Restructured Agreement for Water Supply ( "Restructured Agreement ") authorizes Agency to
implement and fund water conservation measures that are cost - effective and will reduce water
demands on Agency's water transmission system.
C. City and Agency are signatories to the Memorandum of Understanding (MOU) Regarding Urban
Water Conservation in California as governed by the California Urban Water Conservation Council
(CUWCC).
D. Agency and City have cooperated to develop, implement, and fund a water conservation program
and City desires Agency's continued assistance in developing and implementing City's water
conservation measures as described in Exhibit A, which is an integral part of this Agreement.
E. City is requesting a total contribution from Agency of $255,414, consisting of funding and in -kind
services and materials for implementation and administration of City's water conservation
program.
F. Funding for City's water conservation program is available from allocation in the category of
"Water Conservation Program" (Account No. 675744 -4102) within Agency's 2006/2007 budget.
G. Agency and City do mutually desire to cooperate in the implementation and financing of City's
water conservation program.
H. Agency and City first entered into this agreement on April 10, 2007.
I. The Agreement is being amended at this time to include grant funding pursuant to the California
Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act (Chapter 8
[commencing with Section 79150] of Division 26 of the California Water Code) for Weather -Based
Irrigation Controller Programs.
First Amended Cooperative Agreement for Funding and Administration of the
City of Rohnert Park Water Conservation Program Funded in Fiscal Year 2006/2007
J. City, North Marin Water District, City of Petaluma, and City of Sonoma, in order to obtain such
funds, requested Agency to enter into Memorandum of Understanding (hereinafter "MOU ") with
East Bay Municipal Water District ( "EBMUD ") as sponsor for the Weather -Based Irrigation
Controller Program.
K. This Amended Agreement supersedes all previous agreements.
AGREEMENT
City and Agency agree as follows:
1. RECITALS
A. The above recitals are true and correct.
2. DEFINITIONS
A. For the purposes of this Agreement the following terms and definitions shall be used:
1) Measures: Components of the.Program as identified in Exhibit A.
2) Consultant: Consultant hired to perform water conservation services.
3) Contractor: Licensed contractor hired to perform contractor work.
4) Participants: City- approved water customers who apply to participate in individual
Measures as described in Exhibit A.
5) Program: Collectively, the water conservation Measures described in Exhibit A and
related activities City and Agency have agreed to perform in cooperation that may be
funded by Agency under this Agreement.
6) Agency Representative: Agency staff assigned to perform Agency's responsibilities
7) City Representative: City staff assigned to perform City's responsibilities.
8) Regional Program Measures: Water conservation Measures described in Exhibit A that
are implemented regionally by Agency.
9) Agency -run Program: Water conservation Measures described in Exhibit A and
implemented for City by Agency.
10) City -run Program: Water conservation Measures described in Exhibit A and
implemented by City.
3. COORDINATION
A. City shall coordinate work with Agency's Representative. Contact information:
Agency
Agency Representative:
Diane Lesko, Water Conservation Specialist, or assigned personnel
PO Box 11628
Santa Rosa, CA 95406
Phone: 707 - 547 -1906
Fax: 707 - 524 -3782
Email: dlesko@scwa.ca.gov
First Amended Cooperative Agreement for Funding and Administration of the
City of Rohnert Park Water Conservation Program Funded in Fiscal Year 2006/2007 2
Agency Representative for Weather -Based Irrigation Controller Program: Brian Lee
Water Conservation Specialist, or assigned personnel
PO Box 11628
Santa Rosa, CA 95406
Phone: 707 - 547 -1918
Fax: 707 -524 -3782
Email: briard@scwa.ca.gov
city
City Representative:
Darrin Jenkins, or assigned personnel
6750 Commerce Blvd.
Rohnert Park, CA 94928
Phone: 707- 588 -2243
Fax: 707 -588 -2238
Email: daienkins@rpcity.org
4.. CITY'S RESPONSIBILITIES
Assist Agency with administration of City -run Program as follows:
A. Direction: Provide Agency Representative with requested policy and /or direction during
Program.
B.. Workspace: City shall provide an ergonomically correct workspace(s) for Agency
Representative including a desk, and dedicated telephone.
C. Meeting Facilities: Provide meeting facilities as necessary.
D. Marketing Data: Provide Agency Representative with access to water customer billing data
to be used for marketing various water conservation Measures.
E.. Applicant Review: Review the Agency - submitted list of applicants requesting Program
rebates/ incentives to determine if applicant is.a qualified Participant to receive a
rebate /incentive.
F. CUWCC Online BMP Report: Annually enter BMP data on CUWCC online forms, as
required byCUWCC, for City -run Measures and provide Agency with a copy of the BMP
report.
G. Record Keeping: Maintain complete and accurate records of all transactions in compliance
with generally accepted accounting principles for enterprise accounting as promulgated by
the American Institute of Certified Public Accountants and the Governmental Accounting
Standards Board. Such records shall be available to Agency at all reasonable times for
inspection and analysis.
5. AGENCY'S RESPONSIBILITIES
A. Coordination: Coordinate, document, and report on the Measures that Agency performs,
including management, administration, budget, and follow -up of Measures described in
Exhibit A and provide staff to respond to incoming conservation calls from City customers,
as needed.
B. Collateral Materials: Design and produce Program brochures and applications, as
applicable and approved by City.
First Amended Cooperative Agreement for Funding and Administration of the
City of Rohnert Park Water Conservation Program Funded in Fiscal Year 2006/2007 3
C. Contract Administration: Administer contracts with Consultants and Contractors hired by
City or Agency. Review, verify, and forward to City payment requests from Consultants
and Contractors and rebates / incentives from Participants.
D. Regional Programs: Administer Regional Program Measures as described in Exhibit A.
E. Quarterly Reports: Prepare quarterly reports summarizing status of Measures completed by
Agency and submit the report to City and to Agency's General Manager /Chief Engineer..:
F. CUWCC Online Reporting: Annually enter BMP data on CUWCC online forms for Agency -
run Measures.
G. Record Keeping: Agency will maintain complete and accurate records of all Agency costs
and transactions associated with performance of Agency's responsibilities under this.
Agreement in compliance with generally accepted accounting principles for enterprise
accounting as promulgated by the American Institute of Certified Public Accountants and
the Governmental Accounting Standards Board. Such records will be available to City at all
reasonable times for inspection and analysis.
6. FUNDING
A. Maximum Obligation: Agency's maximum obligation of services and funding under this.
Agreement shall not exceed $255,414, and is estimated to be appropriated as follows:
1) Estimated .value of .services and materials provided by Agency: $185,414 in accordance
with Article 5 above.
2) Balance of available funding that may be paid directly to City for City -run Measures:
$70,000. Direct payment will be made as follows:
a. Reimbursement: City shall invoice Agency quarterly for reimbursement of expenses
incurred by City for City -run Program. Invoices submitted to Agency by City shall
include a complete cost accounting by Measure and be clearly marked with "9i of
Rohnert Park, Funding and Administration of Water Conservation Program Funded
in Fiscal Year 2006/2007, Project /Task No. 7124 -15 and Account No. 675744 - 4102."
Upon receipt, review, and approval of invoice and Quarterly Status Report, Agency
will reimburse City for City -run Program costs as authorized herein and itemized in
said invoice(s).
B. Grant Funds for Weather -Based Irrigation Controller Program:
1) Dependence on EBMUD Funding: Agency shall have no obligation to provide funding
for the Weather -Based Irrigation Controller Program under this Agreement except to the
extent Agency directly receives or is able to provide funding from EBMUD. City's right
to receive funds for the Weather -Based Irrigation Controller Program under this
Agreement are expressly limited to the $74,528 received from EBMUD.
2) Invoices: City shall invoice Agency quarterly for reimbursement of expenses incurred
by City for the Weather -Based Irrigation Controller Program. Invoices submitted to
Agency by City shall include a complete cost accounting pursuant to Exhibit B, and be
clearly marked with "City of Rohnert Park, Funding of Water Conservation Program
Funded in Fiscal Year 2006/2007, Project /Task No. 2319 -25, and Account No. 675744 -
7247." Upon receipt, review, 4nd approval of each invoice, Agency will invoice EBMUD
for the grant funds and reimburse City for its costs as authorized herein and itemized in
said invoice(s) when reimbursement funds have been received from EBMUD.
First Amended Cooperative Agreement for Funding and Administration of the
City of Rohnert Park Water Conservation Program Funded in Fiscal Year 2006/ 2007 4
3) Allotment of Grant Funds: Funds will be distributed to City, North Marin Water
District, City of Petaluma, and City of Sonoma on a first come -first served basis until
depletion of funding. Agency is not obligated to provide a minimum allocation of funds
to City, North Marin Water District, City of Petaluma, or City of Sonoma.
7. ADDITIONAL REQUIREMENTS
A. Authority to Amend Agreement: Changes to the Agreement may be authorized only by
written amendment to this Agreement, signed by both parties. Agency's General
Manager/ Chief Engineer and City's Mayor are authorized to amend the Agreement
provided amendments do not cumulatively increase the total cost to the Agency by more
than $25,000 and do not substantially change the scope of work. Agency's Board of
Directors must authorize any amendments .or series of amendments that exceed this
authority. Notwithstanding this authority, neither Agency nor City is under any obligation
to approve such amendments.
B. No Waiver of Breach: The waiver by Agency of any breach of any term or promise
contained in this Agreement shall not be deemed to be a waiver of such term or promise or
any subsequent breach of the same or any other term or promise contained in this
Agreement.
C. Construction: To the fullest extent allowed by law, the provisions of this Agreement shall
be construed and given effect in a manner that avoids any violation of statute, ordinance,
regulation, or law. The parties covenant and agree that in the event that any provision of
this Agreement is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remainder of the provisions hereof shall remain in full force and effect
and shall in no way be affected, impaired, or invalidated thereby.
City and Agency acknowledge that they have each contributed to the making of this
Agreement and that, in the event of a dispute over the interpretation of this Agreement, the
language of the Agreement will not be construed against one party in favor of 'the other.
City and Agency acknowledge that they have each had an adequate opportunity to consult
with counsel in the negotiation and preparation of this Agreement.
D. No Third -Party Beneficiaries: Nothing contained in this Agreement shall be construed to
create.,and the parties do not intend to create any rights in third parties.
E. Applicable Law and Forum: This Agreement shall be construed and interpreted according
to the substantive law of California excluding the law of conflicts. Any action to enforce the
terms of this Agreement or for the breach thereof shall be brought and tried in the County of
Sonoma.
F. Captions: The captions. in this Agreement are solely for convenience of reference. They are
not a part of this Agreement and shall have no effect on its construction or interpretation.
G. Merger: This writing is intended both as the final expression of the Agreement between the
parties hereto with respect to the included terms and as a complete and exclusive statement
of the terms of the Agreement, pursuant to Code of Civil Procedure Section 1856. No
modification of this Agreement shall be effective unless and until such modification is
evidenced by a writing signed by both parties.
H. Time of Essence: Time is and shall be of the essence of this Agreement and every provision
hereof.
First Amended Cooperative Agreement for Funding and Administration of the
City of Rohnert Park Water Conservation Program Funded in Fiscal Year 2006/2007 5
8. MUTUAL INDEMNIFICATION
A. Each party shall defend, indemnify,.hold harmless, and release the other, its officers, agents,
and employees, from and against any and all actions, claims, damages, liabilities, or
expenses that may be asserted by any person or entity, including the parties, arising out of
or in connection with the negligent performance or willful misconduct of the indemnifying
party arising out of or in connection with this Agreement; provided; however, that a party
shall not be entitled to indemnification under this section for any actions, claims, damages,
liabilities, or expenses arising out of that party's gross negligence or willful misconduct.
This indemnification obligation is not limited in anyway by any limitation on the amount or
type of damages or compensation payable to or. for City or its agents under workers'
compensation acts, disability benefits acts; or other employee benefit acts.
9. TERM OF AGREEMENT
A. This Agreement shall remain in effect until depletion of available funds as specified in the
Agreement and detailed in Exhibit A, unless terminated earlier in accordance with the terms
herein.
10. TERMINATION OF AGREEMENT
A. This Agreement may be terminated by either party for any reason upon thirty calendar
days' written notice by either.party.
N
II
First Amended. Cooperative Agreement for Funding and Administration of the
City of Rohnert Park Water Conservation Program Funded in Fiscal Year 2006/2007 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below.
Reviewed as to funds:
Agency's Division Manager - Administrative
Services
.Reviewed as to form:
County Cou &S
Approved as to form:
Rj"k 0, 11 " 6ST-
i Attorney
Attest:
City of Rohnert Park
By:
Mayor
Date:
City Clerk
Sonoma County Water Agency
v By.
Randy D. Poole, Agency's General
Manager /Chief Engineer
Date:
First Amended Cooperative Agreement for Funding and Administration of the
City of Rohnert Park Water Conservation Program Funded in Fiscal Year 2006/2007 7
EXHIBIT A
Water Conservation Program Summary
Agency -Run Measures
REGIONAL WATER SMART HOME
Project Task Number = 7124 -1
City of Rohnert Park (City) would like to participate in the Agency's Regional Water Smart Home
Program. Agency will perform a site evaluation of indoor and outdoor water using #fixtures then
provide a report with a list of water savings recommendations to approximately 130 customers.
Agency will provide City with copies of the Participant reports.
REGIONAL RESIDENTIAL CLOTHES WASHER REBATE
Project Task Number = 7124 -6
Agency will coordinate the Regional Residential Clothes Washer Rebate Program with a rebate
processing company. Agency will send a list of applicants to City for approval / denial. Agency will
pay $75 - $100 per rebate to processing company.
REGIONAL LARGE LANDSCAPE WATER USE SURVEY
Project.Task Number = 7124 -5
City would like to participate in the Agency's Regional Large Landscape Water Use Survey Program.
Agency will offer at least 24 Surveys and will perform at least 2 large landscape water use surveys. The
Large Landscape Water Use Survey includes measurement of landscape area, measurement of total
irrigable area, irrigation systems check, distribution uniformity analysis, develop irrigation schedules
and Participant survey report.
REGIONAL. RESTAURANT SPRAY VALVE
Project Task Number = 7124 -9
City would like to participate in the Agency's Regional Restaurant Pre -Rinse Spray Valve Program.
Agency will coordinate program with California Urban Water Conservation Council ( CUWCC) and
their contractor who will install pre -rinse spray valves at approximately 15 sites in City service area.
Agency will pay CUWCC an estimated $50 per spray valve.
REGIONAL COMMERCIAL CLOTHES WASHER REBATE
Project Task Number = 7124 -9
City would like to participate in the Agency's Regional Commercial Clothes Washer Rebate Program.
Agency, will coordinate with California Public Utilities Commission and their consultant who will
market and implement the program.
First Amended Cooperative Agreement for Funding and Administration of the
City of Rohnert Park Water Conservation Program Funded in Fiscal Year 2006/2007 A-1
REGIONAL, COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL (CII,) WATER USE SURVEY
Project Task Number = 7124 -9
City would like to participate in the Agency's Regional CH Water Use Survey Program. Agency will
offer at least 65 surveys and perform at least 3 CH Water Use Surveys. The CII Water Use Survey
includes a site visit; evaluation of all water -using fixtures, and a survey report identifying
recommended efficiency measures, their payback period, and incentives programs available to the
Participant.
City -Run Measures to be Funded under this Agreement
HIGH EFFICIENCY TOILET (HET) REBATE
Project Task Number= 7124 -14
City will offer a rebate for the installation of HET's for water customers. Rebate amount will be
determined by City.
LANDSCAPE EQUIPMENT REBATE FOR BUSINESS CUSTOMERS
Project Task Number= 7124 -5
City will offer an incentive on hardware that improves the efficiency of the irrigation system. The
rebated hardware will be based on recommendations made from site specific evaluations determined
during the free water use assessment conducted through the Economic Development Board.
SMART IRRIGATION CONTROLLER REBATE
Project Task Number = 7124 -1
City will offer an incentive to residential water customers that install weather -based irrigation
controllers. The rebate will be determined by the City.
LOW -FLOW HARDWARE DISTRIBUTION
Project Task Number= 7124 -2
City will offer low -flow showerheads, kitchen aerators, bathroom aerators, and leak detection tablets to
water customers. City shall select and purchase, based on Agency Representative recommendations,
all fixtures included in Measure.
First Amended Cooperative Agreement for Funding and Administration of the
City of Rohnert Park Water Conservation Program Funded in Fiscal Year 2006/2007 A -2
EXHIBIT B
Grant and Rebate Amounts
0
First Amended Cooperative Agreement for Funding and Administration of the
City of Rohnert Park Water Conservation Program Funded in Fiscal Year 2006/2007 B -1
Up to 12
13 to 24
25 or more
active stations
active stations
active stations
Grant Reimbursement .
$168
$577
$919
Customer Rebate
75% rebate on the purchase
Up to $300
Up to $700
Up to $1,100
rice hardware only)
100% rebate on signaling fees
Up to $150
Up to $150
Up to $150
For homes only)_
0
First Amended Cooperative Agreement for Funding and Administration of the
City of Rohnert Park Water Conservation Program Funded in Fiscal Year 2006/2007 B -1