San Diego County Water Authority - Landscape Management Programr %W'
POW W ERR TR Ah MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF POWAY WATER UTILITIES
SEP 20 2001 And SAN DIEGO COUNTY WATER AUTHORIT
FOR FYS 2002 -2004 for the
PROFESSIONAL ASSISTANCE FOR LANDSCAP
MANAGEMENT PROGRAM
This Memorandum of Understanding (hereinafter referred to as "MOU ") between
the San Diego County Water Authority (hereinafter referred to as "AUTHORITY "),
organized and existing under the County Water Authority Act of the State of California,
Chapter 45, Water Code — Appendix and Amendments thereto, and the City of Poway
Water Utilities (hereinafter referred to as "AGENCY ") which sets forth the respective
roles of the AUTHORITY and AGENCY in regard to AUTHORITY's Professional
Assistance for Landscape Management Prograr7bTeMfter referred to as
"PROGRAM ") is made and entered into as of AHUUUb (/ 2001.
RECITALS:
WHEREAS the PROGRAM involves offering landscape audits and other forms of
landscape assistance (hereinafter referred to as landscape services) to large landscape
sites within AGENCY's service area;
WHEREAS landscape services are a Best Management Practice of the
"Memorandum of Understanding Regarding Urban Water Conservation in California";
WHEREAS the AUTHORITY has established a PROGRAM providing landscape
services within the service areas of participating member agencies during Fiscal Years
01- 02,02 -03 and 03 -04;
WHEREAS the AUTHORITY has retained the consulting services of VIEWtech,
Inc. (hereinafter referred to as "CONSULTANT) to operate the PROGRAM;
WHEREAS the parties desire by this MOU to set forth the respective PROGRAM
roles of the AUTHORITY and AGENCY and establish the terms of payment and the
term of this MOU as described herein;
NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS AND MUTUAL
OBLIGATIONS OF THE PARTIES HEREIN EXPRESSED, AUTHORITY AND AGENCY
AGREE AS FOLLOWS;
1. AUTHORITY'S RESPONSIBILITIES
a. AUTHORITY's role is that of program administrator. AUTHORITY will oversee all
aspects of the PROGRAM. AUTHORITY staff will provide PROGRAM
implementation and advisory support during the PROGRAM.
b. AUTHORITY shall provide to AGENCY, via CONSULTANT, monthly status
reports that document the number and type of landscape services provided.
c. The AUTHORITY shall be responsible for the administration of all PROGRAM
funds provided by Metropolitan Water District of Southern California (hereinafter
referred to as "METROPOLITAN "), the AUTHORITY and participating member
agencies' contributions.
d. AUTHORITY shall provide AGENCY with all promotional or informational
materials prepared in conjunction with the PROGRAM.
e. AUTHORITY shall submit an invoice on a quarterly basis to AGENCY for
landscape services within AGENCY's service area.
f. AUTHORITY shall recognize and credit AGENCY for its participation in the
PROGRAM in an equitable manner.
2. AGENCY's RESPONSIBILITIES
a. AGENCY shall be responsible for identifying commercial, industrial, institutional
and multi - family customers in AGENCY's service area and providing data to the
CONSULTANT in electronic format.
b. AGENCY shall work cooperatively with the AUTHORITY and its CONSULTANT
in appropriately marketing the program to the targeted customers.
c. AGENCY shall provide the AUTHORITY and CONSULTANT with water use
records and other data necessary to determine water savings and cost
effectiveness of the PROGRAM.
d. AGENCY shall provide a maximum of $1,549 for landscape services for fiscal
years 01 -02, 02 -03 and 03 -04. AGENCY agrees to pay for landscape services
performed within AGENCY'S jurisdiction in the amount set forth in Section 2 -e.
AGENCY shall submit payment to the AUTHORITY within 30 days of receipt of
invoice from the AUTHORITY.
e. AGENCY shall be charged:
Service Agency Cost
Pre -survey $ 81.25
Audit Field Work $131.25
Audit Report $ 75.00
Site Review $ 62.00
Follow -up Audit $100.00
AGENCY may request special educational services, AGENCY specific marketinc
and other PROGRAM appropriate services in writing and approved by the
AUTHORITY's program manager. AGENCY shall be charged one - quarter of the
cost charged by the CONSULTANT for the service. AGENCY must approve in
writing the charges for educational, marketing and other services before the
service shall be performed.
g. Additional landscape services beyond the AGENCY's allocation may be
requested on a first -come, first -served basis at the same fee schedule set forth in
2 -e. Requests for additional services shall be made to the AUTHORITY's
program manager using Exhibit A -1. Approval shall be noted by the AUTHORITY
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program manager's signature on A -1. A copy shall be forwarded to the AGENCY
and CONSULTANT.
AGENCY may be requested to release unused funding when needed by other
AGENCIES. Requests for funding releases shall be made to the AGENCY using
Exhibit A -2. Approval shall be noted by the AGENCY and AUTHORITY program
manager's signatures on A -2. A copy of the authorization shall be forwarded to
the AGENCY and CONSULTANT.
3. CEQA
The AUTHORITY shall be responsible for assuring that the PROGRAM complies
with the requirements of the California Environmental Quality Act (CEQA) and that
all necessary documents are filed.
4. HOLD HARMLESS AND LIABILITY
AGENCY and AUTHORITY each agree to mutually indemnify, defend at its own
expense, including attorneys' fees, and hold each other harmless from and against
all claims, costs, penalties, causes of action, demands, losses and liability of any
nature whatsoever, including but not limited to liability for bodily injury, sickness,
disease or death, property damage (including loss of use) or violation of law, caused
by or arising our of or related to any negligent act, error or omission, or willful
misconduct of that party, its officers or employees, or any other agent acting
pursuant to its control and performing under this MOU.
5. DOCUMENT REVIEW
AUTHORITY and AGENCY shall make available for inspection to the other party,
upon reasonable advance notice, all records, books and other documents relating to
the PROGRAM.
6. TERM
The term of this MOU shall be from the date of execution through June 30, 2004.
However, the term is contingent upon funding and participation by AUTHORITY,
METROPOLITAN, and AGENCY. In the event that future budget appropriations are
not approved by the participants, this MOU shall terminate at the beginning of the
fiscal year for which such appropriations are not made. Also, if appropriations are
different than anticipated, program funding shall be adjusted based on available
funding.
7. NOTICE
Any notice, payment, credit or instrument required or permitted to be given
hereunder will be deemed received upon personal delivery or 24 hours after deposit
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in any United States mail depository, first class postage prepaid, and addressed to
the party for whom intended as follows:
If to AUTHORITY: San Diego County Water Authority
4677 Overland Avenue
San Diego, CA 92123
Attn: Vickie V. Driver
If to AGENCY: City of Poway Water Utilities
P.O. Box 789
Poway, CA 92074 -0789
Attn: Rita Berglund
Either party may change such address by notice given to the other party as provided
herein.
8. AMENDMENTS
The MOU may be amended as circumstances necessitate by written agreement
executed by both parties.
9. ASSIGNMENT
Agency shall not assign, sublet or transfer this MOU or any rights under or interest in
this MOU without written consent of AUTHORITY, which may be withheld for any
reason.
10. SEVERABILITY
The partial or total invalidity of one or more parts of this MOU will not affect the intent
or validity of this MOU.
11. GOVERNING LAW
This MOU shall be deemed a contract under the laws of the State of California and
for all purposes shall be interpreted in accordance with such laws. AGENCY hereby
agrees and consents to the exclusive jurisdiction of the courts of the State of
California and that the venue of any action brought hereunder shall be in San Diego
County, California.
12. TERMINATION OF MOU
This MOU may be terminated by either party hereto for any reason 30 days after
notice in writing to the other party.
M
13. SIGNATURES
The individuals executing this MOU represent and warrant that they have the legal
capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this MOU as of the date above.
San Diego County
Water Authority
By:
Ken Weinb r
Director of Water Resources
APPROVED AS TO FORM:
San Diego County
Water Authority
City of Poway Water Utilities
By:
mes Ho ell
erector of Public Services
By.V�.L>( are. t *1Cy By:
General Con el J
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SAW
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EXHIBIT A - 1
PROFESSION ASSISTANCE FOR
LANDSCAPE MANAGEMENT PROGRAM
REQUEST FOR ADDITIONAL SERVICES
ests additional services. Write in number of each
Agency Name
type of service requested.
Pre -Survey @ $81.25 =
Audit Field Work @ $131.25 =
Audit Final Report @ $75 =
Site Review @ $62 =
Follow -up Audit @ $100 =
Total =
Requests for special educational, special marketing and other services may be
made by attaching a one -page proposal of the work needed. Special services shall be
charged to Agency at one - quarter the cost charged by the Contractor.
The Authority's Program Manager has determined that the special services will
cost Agency $
Please sign, date and fax to the Authority at (858) 522 -6760, as soon as
possible. When signed by both parties, a copy will be faxed to the Consultant to
authorize the funding transfer and services.
Sign Name: Date:
Vickie V. Driver, San Diego County Water Authority
Sign Name: Date:
Type Name
& Agency
Agency Funding Share: $
Total Funding: $
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EXHIBIT A - 2
PROFESSIONAL ASSISTANCE FOR
LANDSCAPE MANAGEMENT PROGRAM
FUNDING RELEASE FORM
agrees to release
Agency Name
of funding.
Please sign, date and fax to the Authority at (858) 268 -7881 as soon as possible.
When signed by the Authority's Program Manager, a copy will be faxed to the
Consultant to authorize the transfer.
Sign Name:
Vickie V. Driver, San Diego
Water Authority
Sign Name: Date:
Type Name
& Agency
Funding Released
Agency Funding:
Total Funding:
Remaining Allocation
Agency Funding:
Total Funding:
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