HomeMy WebLinkAboutResolution 2013-019 N.C.S. 2/25/2013 Resolution No. 2013-019 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH
THE SONOMA COUNTY WATER AGENCY FOR PROPOSITION
84 GRANT FUNDING FOR WATER CONSERVATION PROGRAMS
WHEREAS, the City of Petaluma wishes to continue to promote 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; and,
WHEREAS, the City of Petaluma and the Sonoma County Water Agency (SCWA) are
signatories to the Memorandum of Understanding Regarding Urban Water Conservation in
California (MOU) as governed by the California Urban Water Conservation Council (CUWCC),
and,
WHEREAS, 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; and,
WHEREAS, the City of Petaluma Water Conservation Plan also identifies numerous
water conservation programs and measures that further improve water use efficiency throughout
the City; and,
WHEREAS, on August 16, 2011, the State Department of Water Resources approved a
grant application by the Bay Area Clean Water Agencies for implementing a regional Water
Conservation Program; and,
WHEREAS, SCWA is a participating agency in the Bay Area Proposition 84 Integrated
Regional Water Management Grant Memorandum of Understanding (Prop 84 MOU); and
Resolution No. 2013-019 N.C.S. Page 1
WHEREAS, under the Prop 84 MOU SCWA was awarded grant funding to implement
water conservation programs for local water retailers; and,
WHEREAS, SCWA will distribute.Grant funding for water conservation programs to
four water districts and 2 sanitation service areas: North Marin Water District, City of Sonoma,
Valley of the Moon Water District, and City of Petaluma, Sonoma Valley County Sanitation
District and Penngrove Sanitation District; and,
WHEREAS, the City of Petaluma will use the grant funding to offset costs in the
existing water conservation budget and to help reduce divisional operating costs.
NOW, THEREFORE, BE IT RESOLVED:
I. That the City Council hereby authorizes the City Manager to Sign the Agreement with
the Sonoma County Water Agency for Proposition 84 Grant Funding for Water
Conservation Programs attached hereto as Exhibit A.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the proved as to
Council of the City of Petaluma at a Regular meeting on the 25th day of February, form:
2013. by the following vote:
ty Attorney
AYES: Vice Mayor Albertson, Barrett, Mayor Glass, Harris, Ilealy, Kearney, Miller
NOES: None
ABSENT: None
ABSTAIN: None
S
ATTEST: • 1 WA I �� A<..4
City Clerk Mayor
Resolution No. 2013-019 N.C.S. Page 2
Exhibit A to the Resolution
LM.II:AAfileserverA dais Ateehw\agreements V 1112-072.docx version:11/26/2012 11:09:00 AM
TW 11/12-071
"Working Today for Water Tomorrow"
the Sonoma County Water Agency's Integrated Management Policy for ISO 9001 and 14001 states that we are committing to always
improving,achieving customer satisfaction,total regulatory compliance,environmental stewardship,and resource management.
Funding Agreement for the
City of Petaluma Water Conservation Program
This Agreement is between the Sonoma County Water Agency,a body corporate and politic of the
State of California (hereinafter "Water Agency"), and City of Petaluma (hereinafter"City").
RECITALS
A. City and Water 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 Water
Agency to implement and fund water conservation measures that are cost-effective and will reduce
water demands on Water Agency's water transmission system.
C. City and Water 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. On August 16, 2011, the Department of Water Resources approved a grant application by the Bay
Area Clean Water Agencies for implementing a regional Water Conservation Program.
F. The Water Agency is a participating agency in the Bay Area Proposition 84 Integrated Regional
Water Management Grant Memorandum of Understanding (Prop 84 MOU).
G. Under the Prop 84 MOU Water Agency was awarded $765,000 funding("Grant") to implement
water conservation programs. Water Agency will distribute Grant funding for water conservation
programs to four water districts and 2 sanitation service areas: North Mann Water District, City of
Sonoma,Valley of the Moon Water District, and City of Petaluma, Sonoma Valley County
Sanitation District and Penngrove Sanitation District.
H. Water Agency and City do mutually desire to cooperate in the implementation of City's water
conservation program.
Resolution No.2013-019 N.C.S. Page 3
AGREEMENT
City and Water Agency agree as follows:
1. RECITALS
A. The above recitals are true and correct.
2. List of Exhibits
A. The following exhibits are attached hereto and incorporated herein:
1) Exhibit A: Water Conservation Program Summary
2) Exhibit B: Sample Grant Reporting Form (Allocation Reporting Period Cost Sheet)
DEFINITIONS
B. 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) Participants: City-approved water customers who apply to participate in individual
Measures as described in Exhibit A.
3) Program: Collectively, the water conservation Measures described in Exhibit A and
related activities Water Agency has agreed to perform that may be reimbursed by City
under this Agreement.
4) Grant-Funded Measures: Water conservation Measures described in Exhibit A that are
funded by Prop 84 grant.
5) Water Agency Assistance: Water conservation Measures described in Exhibit A that may
be implemented for City by Water Agency.
3. COORDINATION
A. City shall coordinate work with Water Agency's Representative. Contact information:
Water Agency City
Water Agency Representative: City Representative: David Iribarne or
Carrie Pollard, Principal Program assigned personnel
Specialist, or assigned personnel
Sonoma County Water Agency City of Petaluma
404 Aviation Blvd. 202 N. McDowell Blvd.
Santa Rosa,CA 95403-9019 Petaluma, CA 94954
Phone: 707-547-1968 Phone: 707-778-4591
Email: carriep@scwa.ca.gov Fax: 707-778-3635
Email: diribarne@ci.petaluma.ca.us
4. CITY'S RESPONSIBILITIES
Administer Program as follows:
A. Quarterly Reports: Complete the Grant Reporting Form (Exhibit B): for program activities
based on the below schedule for the entire two years.
Resolution No.2013-019 N.C.S. Page 4
•
Reporting Period Quarter Date Progress Due
June 1 to August 31, 2012 QA 6, Invoice 2 October 15, 2012
September 1 to November 30, 2012 QA 7, Invoice 3 January 15, 2013
December 1, 2012 to February 28, 2013 QA 8, Invoice 4 March 15, 2013
March 1 to May 31, 2013 QA 9, Invoice 5 July 15, 2013
June 1 to August 31, 2013 QA 10, Invoice 6 October 15, 2013
September 1 to November 30, 2013 QA 10, Invoice 7 January 15, 2014
December 1, 2013 to completion of last QA 11, Invoice 8 March 17, 2014
project
B. Matching Funds: City shall ensure that a minimum of$110,000 in matching funds are
available for program implementation as required by the Grant. Matching funds will be
reported by City on Grant Reporting Form.
C. CUWCC Online BMP Report: Biannually enter BMP data on CUWCC online forms,•as
required by CUWCC, for City-run Measures and provide Water Agency with a copy of the
I3MP report.
D. 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 Water Agency at all reasonable times
for inspection and analysis.
E. Payment: Make payment to Water Agency as specified in Paragraph 6 (Funding and
Payments).
5. WATER AGENCY'S RESPONSIBILITIES
A. Prop 84 MOU: Water Agency will be a participating agency under the Prop 84 MOU.
B. Coordination: Coordinate, document, and report on the Measures that Water 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.
C. Water Agency Assistance: Administer Program Measures determined by the City as
described in Exhibit A.
D. Quarterly Reports: Prepare quarterly reports summarizing status of Measures completed by
Water Agency and submit the report to City and to Water Agency's General Manager.
E. CUWCC Online Reporting: Annually enter 13MP data on CUWCC online forms for Water
Agency-run Measures.
F. Record Keeping: Water Agency will maintain complete and accurate records of all Water
Agency costs and transactions associated with performance of Water 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.
Resolution No.2013-019 N.C.S. Page 5
6. FUNDING AND PAYMENTS
A. Grant Funding:
1) Water Agency will submit invoices and receive funds under the Prop 84 MOU based on
activities reported by City per Section 4 (City's Responsibilities).
2) City may receive a maximum of$330,000 from the Prop 84 MOU for activities per Exhibit
A. Actual payments to City will be based on the measures actually implemented by City
for each program.
3) Grant Distribution: City shall report Program activities quarterly on Grant Reporting
Form (Exhibit B) to the Water Agency. The Water Agency will distribute payments to
City based upon the Prop. 84 grant guidelines for City's activities upon receipt of
funding under Prop 84 MOU.
4) Invoice: City shall invoice Water Agency with an invoice that is clearly marked with
Funding Agreement for the City of Petaluma Water Conservation Program, Order #
4043B0 and account number 675744-7247."
13. Agency Run Measures:
1) City payment to Water Agency for Water Agency Assistance shall not exceed $0.
2) Reimbursement amount shall be determined based on current weighted labor rates,
including overhead, for Water Agency representative listed in Paragraph 3.A and
assigned support staff, plus actual costs of applicable material.
3) Invoices: Water Agency shall invoice City quarterly for reimbursement of expenses
incurred by Water Agency for Program. Invoices submitted to City by Water Agency
shall include a complete cost accounting by Measure and be clearly marked with Water
Agency's invoice number and "Funding Agreement for the City of Petaluma Water
Conservation Program,TW 11/12-71." Upon receipt, review, and approval of invoice
and Quarterly Status Report,City will pay Water Agency-for 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 Water Agency nor City is under any obligation to approve such
amendments.
B. No Waiver of Breach: The waiver by Water 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 i in full force and effect
and shall in no way be affected, impaired, or invalidated thereby.
City and Water 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.
Resolution No. 2013-019 N.C.S. Page 6
City and Water 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.
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 Agreementshall remain in effect until depletion of available funds as specified in the
Agreement, 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. Water Agency's right to terminate may be exercised by Water
Agency's General Manager.
•
Resolution No. 2013-019 N.C.S. Page 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below.
Reviewed as to substance:
Water Agency's General Manager
Reviewed as to funds:
Water Agency's Division Manager
Administrative Services
Reviewed as to form:
County Counsel
City of Petaluma
By:
(Please print name here)
Title:
Date:
Sonoma County Water Agency
By:
Chair, Board of Directors
Date:
Attest:
Clerk of the Board of Directors
Resolution No.2013-019 N.C.S. Page 8
EXHIBIT A
Water Conservation Program Summary
Grant-Funded Measures
Water Efficiency Landscape (WEL) Rebate Program:
City will implement a turf replacement program that offers a minimum rebate of$0.50/sq ft removed.
Grant will fund $0.38/sq ft removed. Approximately $75,000 will be available from grant funds for this
Program.
Weather Based Irrigation Controller (WBIC) Rebate:
City will implement a program to replace standard irrigation controllers with weather•based irrigation
controllers for residential and commercial customers. The residential program will offer a minimum
rebate of$20.00/active station of which the grant will fund$15.00/active station. The
commercial/multi family program will offer a minimum rebate of$30.00/active station of which the
grant will fund $22.50/active station. Approximately $112,500 will be available from grant funds for
the commercial/multi family program and approximately$15,000 will be available from grant funds
for the residential program.
High Efficiency Toilet (HET) Rebate Program:
City will implement a HET rebate program for all water users. The minimum rebate amount offered
shall be$100/fixture of which the grant will fund $75.00/fixture. Approximately $52,500 will be
available from grant funds for this Program.
HET and High Urinal Direct (HEU) Installation Program:
City will implement the Direct Install Program. The approximate cost for the Direct Installation
Program is $450/porcelain fixture per installation of which the grant will fund$225.00 per installation.
Approximately$56,250 will be available from grant funds for this Program.
High Efficiency Washer (HEW) Rebate Program:
City will implement a clothes washer rebate program. The minimum rebate amount offered shall be
$50/clothes washer of which the grant will fund $37.50/clothes washer. Approximately$18,750 will be
available from grant funds for this Program.
Resolution.No.2013-019 N.C.S. Page 9
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