2008/07/22 City Council Resolution 2008-113RESOLUTION NO. 2008 -113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH
SONOMA COUNTY WATER AGENCY FOR ADMINISTRATION OF THE
CITY OF ROHNERT PARK WATER CONSERVATION PROGRAM FUNDED IN
FISCAL YEAR 2007/2008
WHEREAS, the City of Rohnert Park requires water conservation program services; and
WHEREAS, Sonoma County Water Agency is qualified to provide such services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an agreement by and between the Sonoma County
Water Agency, a body corporate and politic of the State of California, and the City of Rohnert
Park, a municipal corporation, for administration of the City of Rohnert Park water conservation
program funded in Fiscal Year 2007/2008 for an amount not to exceed $160,000.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute this agreement in substantially similar form to the attached agreement for and on
behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 22nd day of July, 2008.
CITY OF ROHNERT PARK
BREEZE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
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Agreement for Administration of the
City of Rohnert Park Water Conservation Program
Funded in Fiscal Year 2007/2008
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 Regarding Urban Water
Conservation in California (MOU) as governed by the California Urban Water Conservation
Council (CUWCC).
D. The MOU identifies water conservation Best Management Practices ( "BMPs ") that achieve long-
term reductions in per capita water demand to improve supply reliability, reduce the impact of
short -term water shortage conditions, and provide a more accurate basis for future water
management planning efforts.
E. 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.
F. City is requesting services and materials from Agency for implementation and administration of
City's water conservation program and will reimburse Agency for these costs.
G. Agency and City do mutually desire to cooperate in the implementation of City's water
conservation program.
AGREEMENT
City and Agency agree as follows:
1. RECITALS
A. The above recitals are true and correct.
Agreement for Administration of the City of Rohnert Park Water Conservation Program
Funded in Fiscal Year 2007/2008
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 by Agency to perform water conservation services.
3) Contractor: Licensed contractor hired by Agency 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 Agency has agreed to perform that may be funded by City 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.
3. COORDINATION
A. City shall coordinate work With Agency's Representative. Contact information:
Agency
city
Agency Representative:
Diane Lesko, Water Conservation
Specialist, or assigned personnel
City Representative:
Darrin Jenkins, or assigned personnel
PO Box 11628
6750 Commerce Blvd.
Santa Rosa, CA 95406
Rohnert Park, CA 94928
Phone: 707 - 547 -1906
Phone: 707 - 588 -2243
Fax: 707 - 528 -2080
Fax: 707 - 588 -2274
Email: dlesko@scwa.ca.gov
Email: dajenkins@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. Meeting Facilities: Provide meeting facilities as necessary.
C. Marketing Data: Provide Agency Representative with access to water customer billing data
to be used for marketing various water conservation Measures.
D. 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.
E. CUWCC Online BMP Report: Annually enter BMP data on CUWCC online forms, as
required by CUWCC, for City -run Measures and provide Agency with a copy of the BMP
report.
F. 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
Agreement for Administration of the City of Rohnert Park Water Conservation Program
Funded in Fiscal Year 2007/2008 2
Standards Board. Such records shall be available to Agency at all reasonable times for
inspection and analysis.
G. Payment: Make payment to Agency as specified in Paragraph 6.
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.
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. Payment to Agency:
1) Amount: City shall pay Agency for services and materials incurred under this
agreement. Total amount paid to Agency shall not exceed $160,000.
2) Invoices: Agency shall invoice City quarterly for reimbursement of expenses incurred
by Agency for Agency -run Program. Invoices submitted to City by Agency shall
include a complete cost accounting by Measure and be clearly marked with Agency's
invoice number and "City of Rohnert Park, Administration of Water Conservation
Program Funded in Fiscal Year 2007/2008." Upon receipt, review, and approval of
invoice and Quarterly Status Report, City will pay Agency for Agency -run Program
costs as authorized herein and itemized in said invoice(s).
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. 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.
Agreement for Administration of the City of Rohnert Park Water Conservation Program
Funded in Fiscal Year 2007/2008 3
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. Mew: 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.
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 any way 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, unless terminated earlier in accordance with the terms herein.
Agreement for Administration of the City of Rohnert Park Water Conservation Program
Funded in Fiscal Year 2007/2008 4
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. Agency's right to terminate may be exercised by
Agency's General Manager/ Chief Engineer.
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Agreement for Administration of the City of Rohnert Park Water Conservation Program
Funded in Fiscal Year 2007/2008
5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below.
Reviewed as to substance:
Agency's Department Head
Reviewed as to funds:
Agency's Division Manager - Administrative
Services
Reviewed as to form:
County Counsel
Approved as to form:
City Attorney
Attest:
City Clerk
Attest:
Clerk of the Board of Directors
City of Rohnert Park
By:
Mayor
Date:
Sonoma County Water Agency
By:
Chair, Board of Directors
Date:
Agreement for Administration of the City of Rohnert Park Water Conservation Program
Funded in Fiscal Year 2007/2008 6
EXHIBIT A
Water Conservation Program Summary
Agency -Run Measures
REGIONAL WATER SMART HOME
Project Task Number = 7124 -1
City will participate in and Agency will coordinate the Agency's Regional Water Smart Home
Program. Agency will perform a site evaluation of indoor and outdoor water using fixtures and then
provide a report with a list of water savings recommendations as requested by City. Agency will
provide City with copies of the Participant reports.
REGIONAL RESIDENTIAL CLOTHES WASHER REBATE
Project Task Number = 7124 -6
City will participate in and 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. City will pay the agreed upon rebate amount and company's rebate processing fee.
REGIONAL LARGE LANDSCAPE WATER USE SURVEY
Project Task Number = 7124 -5
City will participate in and Agency will coordinate the Agency's Regional Large Landscape Water Use
Survey Program. Agency will offer and perform large landscape water use surveys as requested by
City. 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, COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL (CII) WATER USE SURVEY
Project Task Number = 7124 -9
City will participate in and Agency will coordinate the Agency's Regional CII Water Use Survey
Program. Agency will offer and perform CII Water Use Surveys as requested by City. 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 HETs for water customers. Rebate amount will be
determined by City. Agency staff will verify eligibility, process rebates, track participation, and return
applications to City to make rebate payments to Participants.
Agreement for Administration of the City of Rohnert Park Water Conservation Program
Funded in Fiscal Year 2007/2008 A -1
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. Agency
staff will verify eligibility, 'process rebates, track participation, and return applications to City to make
rebate payments to Participants.
COIN - OPERATED HIGH - EFFICIENCY WASHER REBATES
Project Task Number = 7124 -5
City will offer an incentive on hardware that improves the efficiency of the coin - operated washers. 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. Agency
staff will verify eligibility, process rebates, track participation, and return applications to City to make
rebate payments to Participants.
Agreement for Administration of the City of Rohnert Park Water Conservation Program
Funded in Fiscal Year 2007/2008 A -2