Cities Index.
ATCH 1 - Napa County Agencies MOU

Napa City Council
July 19, 2022

Document
ATCH 1 - Napa County Agencies MOU
Meeting
July 19, 2022
Body
Napa City Council
Pages
46
Original file
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Text extracted from the city's file for reading and search. Open the original on napacity.legistar1.com. That file is the official record.

Bay Area Prop
1 Regional Water Conservation
Grant
-
Napa County Agencies

MOU
-
Ju
ly

20 22

1 MEMORANDUM OF UNDERSTANDING

Bay Area Proposition
1 Integ
rated Regional Water Management

Regional Water
Conservation Grant

Napa County Agencies

This Memorandum of Understanding (
hereinafter
“
Napa
MOU”) is entered into
as of

XXXX XX
,
20 22
(the “Effective Date”)

by and between

the City of Napa
, a municipal
corporation

and California Charter City
(
hereinafter
“
City
”)
,
and the following
public
agencies
within

Napa County
(
hereinafter
“
the
Agencies
”):
the
City of American Canyon
,
a municipal c
orporation
,
the
Town of Yountville
, a municipal corporation
,
the
City of St.

Helena
, a municipal corporation
,
and the
City of Calistoga
, a municipal corporation
.

City
and the Agencies may be referred to collectively as “the Parties.”

RECITALS

A.

O
n behalf of numerous public agencies located in the San Francisco Bay Area, the
Association of Bay Area Governments
("
ABAG
") applied for and received a
Proposition
1 Integ
rated Regional Water Management Grant ("State Grant") from the State of California, Department of Water Resources (“DWR”) in the amount of $
22 ,
750
,
000

to help fund the implementation and operation of various regional water conservation, water recycling, ecosystem restoration, green infrastructure, and flood management
-
watersh
ed projects ("Projects"). The grant agreement between DWR and ABAG titled “AGREEMENT NUMBER
4600013831

PROPOSITION 1

INTEGRATED REGIONAL WATER MANAGEMENT (IRWM) IMPLEMENTATION GRANT” (the “State Agreement”) is attached hereto and incorporated herein as Exhibi
t A
.

B.

T
he

State Grant includes $
4,177,875

to fund water conservation programs
. On behalf
of
eleven
(11)
participating Bay Area agencies

including the City

(“Conservation
Group”)
,
East Bay Mun
icip
al Utility District (“EBMUD”)

entered into a
Local Project
Sponsor Agreement

with
ABAG
(“Implementation Agreement”) by which
ABAG
agrees to disburse funding from the State Grant to
EBMUD

for
EBMUD

to use in
administration and performance of eligible Projects
.

This

Implementation Agreement
is attached hereto and incorporated herein as Exhibit

B.

C.

As a participant in the Conservation Group, the City
secured
$
154
,0
00 in
State Grant
funds
for the purposes of
support
ing

six

specific water conservation rebates

and
educational

programs

for customers of the City and
Agencies.

On behalf of the City
a
nd Agencies, the City entered

into a Memorandum of Understanding with
EBMUD

and the rest of the Conservation Group

(“
EBMUD

MOU”)

by which
EBMUD

agrees to
disburse

State Grant funds to the City to use in the performance of eligible Projects.

The
EBMUD
MOU is attached hereto and incorporated herein as Exhibit C.

D.

T
he State
Agreement,
Implementation Agreement
, and
EBMUD

MOU permit the City
to pass State Grant funds through to other local agency partners

to carry out the

Page 1 of 46 ends

ATTACHMENT 1
Bay Area Prop
1 Regio
nal Water Conservation
Grant
-

Napa County Agencies

MOU

-

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ly

20 2
2 2

purposes of the State Grant
. This Napa MOU acknowledges that the City

agrees

to
disburse
State Grant funds to the
Agencies

to use in the performance of eligible

water
conserv
ation
Projects, and
that
the
Agencies

desi
re to receive State Grant funds

and
are
will
ing to

cooperate in fulfilling
the City’s obligations under the
EBMUD

MOU
.

NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:

1. Term

This

Napa
MOU will be in effect as long as
the
EBMUD

MOU is in effect, terminating

on
Ma
rch 3
1, 20
25 , or when all obligations under the State Agreement
have been
fully
satisfied, whichever occurs earlier.

Notwit
hstanding the date on which this Napa MOU is
executed,

P
roject

costs incurred
after
J
une 2,
20 20
, that meet State Grant

program

a
nd
State Agreement requirements

are eligible for

reimbursement.

The implementation of
projects must be completed by November 3
0 , 2024.

2. Eligible
P
roject
s

To be eligible for State Grant funds, Projects implemented by the City and Agencies must conform to the Work Plan section of the State Agreement (Exhibit A).

Pursuant to

the
EBMUD

MOU

and State Agreement
,

State Gr
ant funds
are

available to
the City and
Age
ncies for
six

specific water conservation Projects

through
November 30, 2024
:

A.

Project
5 Component
A
:

Qualified Water Efficient Landscaper (QWEL)
Training

This
project
component
provide
s

education, outreach, and technical training for
professional landscapers to manage landscape
irrigation
more efficiently
.

The City
will
sponsor three

QWEL
programs

locally
, including at least one Spanish
-
language
version
.

The State Grant reimbursement is
50 percent of the
approximately $10,000 cost of each training

program
.

B.

Project
5 Component B
:

Single
-
Family Weather
-
Based Irrigation Controller
(“WBIC”) Rebate

Program

This

project
component
provid
e
s

rebate
s

incentivizing customers to
replace
standard irrigation controllers with self
-
adjusting WBICs at single
-
family residential
properties
. The State Grant reimbursement is
50 percent of the rebate, with a
maximum reimbursement of $
50 per rebate.

C.

Project
5 Component C
:

Commercial Weather
-
Based Irrigation Controller
(“WBIC”) Rebate Program

This project component provides rebates incentivizing customers to replace standard irrigation controllers with self
-
adjusting WBICs at
commercial and multi
-
fami
ly residential
properties. The State Grant reimbursement is 50 percent of the rebate, with a maximum reimbursement of $
1 50 per rebate.

Page 2 of 46 ends

ATTACHMENT 1
Bay Area Prop
1 Regional Water Conservation
Grant
-
Napa County Agencies

MOU
-
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ly

20 22
3 D.

Project 5 Component
D:

Water Efficient Landscape Rebate Program
This project component provides
“Cash For Grass”
rebates

incentivizing
customers to replace
high
-
water
-
use lawn areas with water
-
wise landscaping
. The
State Grant reimbursement is $

0.50 per square

foot.

E.

Project 5 Component
E:

Smart Metering Device Project
This project component provides rebates incentivizing customers to install
customer-
owned smart metering devices that provide detailed water use information and leak alerts. The State Grant reimbursement is 50 percent of the rebate, with a maximum reimburs
ement of $
75 per rebate
.

F.

Project 5 Component F:

Customer Water Report Project
This project component provides education and outreach in the form of regular water use reports

with customized conservation recommendations

sent directly to
customers via email

or hard copy. The State Grant reimbursement is
$2.00 per
household per year

(based on four reports per household per year).

3. P
roject Participation
City and Age
ncies
are not

required to

participate in
all Projects
,
or any one specific
Project
,
described in

this Napa MOU. Project participation is voluntary and may be based on Agency water conservation goals, budgets, or any other relevant factors .

City and
Agencies are responsible for their own Project administrative costs and the portion of the customer rebate that is not covered by the State Grant reimbursement.

4. Grant
Fundi
ng Allocation
A.

By Project
P
ur
suant
t
o t
he
EBMUD

MOU
,
S
tate Grant
f
unds
f
or
t
he City
an
d
Agencies
ar
e

allocated among
t
he
six

Pr
ojects
as
s
hown
.

Funds
m
ay

be
transferred between

pr
ojects

pursuant
t
o
EBMUD

MOU

Section
2 .4
.

P
r
oject

State
G
rant

Funds
A
vailable

QWEL Training

$15,000

Single
-
Family WBIC Rebate

$7,500

Commercial WBIC Rebate

$3,000

Water Efficient Landscape Rebate

$107,500

Smart
Metering Devices

$9,000

Customer Water Report

$
12,000

Total

$
154
,
0 00

B.

B
y Agency
There is no specified allocation of State Grant funds among the City and Agencies.

For each Project, each participating Agency shall be reimbursed for eligible

Page 3 of 46 ends

ATTACHMENT 1
Bay Area Prop
1 Regional Water Conservation
Grant
-
Napa County Agencies

MOU
-
Ju
ly

20 22

4 rebates reported until State Grant funds
allocated
for that Project are
exhausted
.

As
a Project
’s

funds become depleted, reported rebates

will be reimbursed based
on earliest d
ate of issue

to customer

regardless of Agency
,
until funds are fully
exhausted.

C.

Unused Funds

If necessary prior to Project completion dates, the City and Agencies shall convene to determine whether to release unspent State Grant funds to

or receive
redis
tr
ibuted State Grant funds from

the Conservation

Group, as provided for in
t
he
EBMUD

MOU
.

5. Communication

All City and Agency communications relating to State Grant funding for the Projects described in this Napa MOU shall be exchanged between the Project Man agers or their
Alternates as listed below.

Agency

Project Manager

Alternate

City of
N
apa

Patrick Costello

[email protected]

(707) 257
-
9309

Josh Stokes

[email protected]

(707) 257
-
9497

City of American Canyon

Pam Phillips

[email protected]

(707) 647
-
4540

Town of
Yountville

Erica Teagarden

[email protected]

(707) 944
-
8851

City of St. Helena

Ian Dale

[email protected]

(707) 96
8 -
27 46

City of Calistoga

M
itchell Egert

[email protected]

(707) 942
-
2 828

6. Reporting and Invoicing

A.

Quarterly Reporting

Pursuant to the
EBMUD

MOU
,
the City
shall
provide
EBMUD

with Project data
from the City and
Agencies

on a quarterly basis
.

Tentative

schedule
:

Reporting Period

EBMUD

Due Date

6/3/20
to
6 /3
0/
22 7/7/
22 7
/1/22

to
9 /3
0/
22 10/7/22

10/1/22

to
12 /3
1/
22 1/6/
23

Page 4 of 46 ends

ATTACHMENT 1
Bay Area Prop
1 Regio
nal Water Conservation
Grant
-

Napa County Agencies

MOU

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Ju
ly

20 2
2 5

1 /1/
23 to
3 /3
1 /
23 4
/
7 /
23 4
/1/
23 to
6 /3
0 /
23 7
/
7 /
23 7
/1/
23 to
9 /
30 /
23 10/6/23

10/1/23 to 12/31/23

1/5/24

1/1/24 to 3/31/24

4/5/24

4/1/24 to 6/30/24

7/5/24

7/1/24 to 9/30/24

10/7/24

10/1/24 to 11/30/24

12/6/24

In advance of the
EBMUD

d
ue date,
the
City Project Manager
shall
make an official
request
of all
participating Agencies to provide their quarterly Project data

to the
City in electronic form. A reporting template will be provided if applicable.

Requested data may include
number

o
f rebates issued, dollar amount

of rebates,
and
other
documentation need
ed to meet State Agreement criteria
.

Notwithstanding the t
entative
EBMUD

due dates and data reported prior to this
Napa MOU, Agencies agree to submit their quarterly data to the City within five (5) business days of the City Project Manager’s official req uest.

If an Agency does not meet the
above
-
stated repor
ting deadline,
that Agency’s
data will not be included in the

City’s quarterly report to
EBMUD

and Agency
forfeits the potential State Grant reimbursement for
the
water conservation rebates

affected
.

Pursuant to the
EBMUD

MOU, the City may be required to assist
EBMUD

in
preparing Project Performance Reports for DWR each year for t hree

(
3 ) years after
the end of the grant period. Agencies agree to work with the City if requested, to provide n
ecessary data for these reports.

B.

Invoicing

Pursuant to the
EBMUD

MOU, the City shall invoice
EBMUD

periodically
for
State
Grant fu
nds as they are received by
EBMUD

from
ABAG
.

Concurrent with ea
ch
invoice to
EBMUD
, City shall provide the Agencies with
updat
ed electronic
worksheets summarizing
rebate

and grant reimbursement status
by Project and
by Agency
.

Upon receipt of
funds from
EBMUD
, the City shall request an invoice
from each Agency that specifies the
applicable
reporting period and corresponding
State G
rant funds due to the Agency.

The City will process payment on each
Agency invoice within thirty (30) days of receipt.

DWR
may
with
hold

a percentage
of State Grant funds until

Projects are complete and all reporting requirements are met.

This DWR withholding
percentage
will be reflected in City payments to
Agencies. The applicable DWR retention will be disbursed to each Agency once th
e City receives it from
EBMUD

after Project completion.

Page 5 of 46 ends

ATTACHMENT 1
Bay Area Prop
1 Regio
nal Water Conservation
Grant
-

Napa County Agencies

MOU

-

Ju
ly

20 2
2 6

7. Inspection of Records

Pursuant to the State Agreement, DWR is entitled to inspect and make copies of any records pertaining to the program and the
City and Agencies

are required to make
available for such inspection accurate records of all costs, disbursements, and documentatio
n as necessary to comply with the requirements of the State Agreement.

8. Indemnification

The City
agrees to defend, indemnify, hold harmless, and release each Agency,

its
officers, agents, and employees, from and against any and all actions, claims, damage s,
liabilities, or expenses that may be asserted by any person or entity, arising out of the negligence or willful misconduct of
the City i
n connection with its performance under this
Napa MOU
; provided, however, that no
Agency
shall be entitled to indemni
fication under
this section for any actions, claims, damages, liabilities, or expenses to the extent that they arise out of the negligence

or willful misconduct of the Agency

in connection with its
performance under this
Napa MOU
.

Each
Agency

hereby agrees to defend, indemnify, hold harmless, and release the City,

its officers, agents, and employees, from and against any and all actions, claims, damages, liabilities, or expens
es that may be asserted by any person or entity, arising out of the negligence or willful misconduct of the indemnifying Agency

in connection with
its performance under this
Napa MOU
; provided, however, that
the City
shall not be
entitled to indemnificatio
n under this section for any actions, claims, damages, liabilities, or expenses to the extent that they arise out of the negligence or willful misconduct of City

in connection with its performance under this
Napa MOU
.

The indemnification obligations set f
orth in this Section 8 shall survive the expiration or
earlier termination of this Napa MOU.

9. Dispute Resolution

The parties to this
Napa
MOU shall meet promptly to address any dispute that may arise and make a good faith effort to negotiate a resolution.

The use by any party of any remedy
specified herein for the enforcement of this
Napa
MOU is not exclusive and shall not
deprive any party of, or limit the application of, any

other remedy provided by law.

10. Governing Law

Th
e interpretation, validity, and en
forcement of this Napa
MOU

shall be governed

and
interpreted in accordance with

the laws of the State of California.

Any suit, claim, or legal
proceeding of any kind related to this Napa MOU shall be filed and heard in court of competent jurisdiction in th
e County of Napa.

11. Severability

Page 6 of 46 ends

ATTACHMENT 1
Bay Area Prop
1 Regio
nal Water Conservation
Grant
-

Napa County Agencies

MOU

-

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ly

20 2
2 7

If any provision of this
Napa
MOU is held invalid or unenforceable by a court of final jurisdiction, all other provisions of this
Napa MOU shall
remain valid and in force and be
construed in such a manner so as to

affect the
original intent of the parties
to the
maximum extent possible.

12. Amendment

No amendment of this
Napa
MOU shall be valid unless made in writing, signed by all

Agencies
then party to the
Napa
MOU.

13. Entire Agreement

This Napa
MOU, together with
the attachments hereto, constitutes the complete
agreement between the parties and supersedes any prior written or oral communications between the parties.

14. Termination

Any
Agency
may, at any time and without cause, terminate its participation in this Napa

MOU b
y sending a letter to the City

notifying
it
of the same. Notwithstanding any other
provision of this
Napa
MOU, if a
n

Agency

terminates its participation, it shall not under
any circumstances be responsible or liable for disrupting or discontinuing th e
disbursement of the State Grant funds simply by reason of exercising its right to terminate its participation in the
Napa
MOU.

Any
Agency

terminating its participation in this
Napa
MOU must continue to comply with

any remaining

reporting obligations to

t
he City as described in Section 6A
.

This
Napa
MOU will remain in full force and effect as to the
Agencies

that do not terminate
their participation in the MOU.

15. Counterpart Signatures

This
Napa
MOU may be executed in counterparts each of which shall be deemed to be
an original but all of which taken together shall constitute one and the same agreement.

16. Non
-
Waiver

A
p
arty’s waiver of any term, condition, or covenant, or breach of any term, condition or covenant stated in this
Napa
MOU will not be constru
ed as a waiver of any other term,
condition or covenant.

17. Exhibits

The following Exhibit
s are hereby incorporated herein by this reference and made a part hereof as though set forth in full:

Page 7 of 46 ends

ATTACHMENT 1
Bay Area Prop
1 Regio
nal Water Conservation
Grant
-

Napa County Agencies

MOU

-

Ju
ly

20 2
2 8

Exhibit

A: State Agreement

Exhibit

B: Implementation Agreement

Exhibit C:

EBMUD

MOU

Page 8 of 46 ends

ATTACHMENT 1
Bay Area Prop
1 Regio
nal Water Conservation
Grant
-

Napa County Agencies

MOU

-

Ju
ly

20 2
2 9

IN WITNESS THEREOF, this
Napa
MOU has been executed by the parties hereto:

CITY OF NAPA, a California charter city

BY:

Date:

Phil Brun

Utilities Director

City of Napa

ATTEST:

Date:

Tiffany
Carranza

City Clerk

City of Napa

COUNTERSIGNED:

Date:

Joy Riesenberg

City Auditor

City of Napa

APPROVED AS TO FORM:

Date:

Michael W. Barrett

City Attorney

City of Napa

Page 9 of 46 ends

ATTACHMENT 1
Bay Area Prop
1 Regio
nal Water Conservation
Grant
-

Napa County Agencies

MOU

-

Ju
ly

20 2
2 10

Date:

Jason Holley

City Manager

City of American Canyon

Page 10 of 46 ends

ATTACHMENT 1
Bay Area Prop
1 Regio
nal Water Conservation
Grant
-

Napa County Agencies

MOU

-

Ju
ly

20 2
2 11

Date:

Steve Rogers

Town Manager

Town of Yountville

Page 11 of 46 ends

ATTACHMENT 1
Bay Area Prop
1 Regio
nal Water Conservation
Grant
-

Napa County Agencies

MOU

-

Ju
ly

20 2
2 12

Date:

Anil Comelo

City Manager

City of St. Helena

Page 12 of 46 ends

ATTACHMENT 1
Bay Area Prop
1 Regio
nal Water Conservation
Grant
-

Napa County Agencies

MOU

-

Ju
ly

20 2
2 13

Date:

Derek Rayner

Public Works Director

City of Calistog
a

Page 13 of 46 ends

ATTACHMENT 1

EXHIBIT A

Grant Agreement No. 460001
3831

between the
State Of California (Department of Water
Resources) and Association of Bay Area
Governments (ABAG)

Available online at:

https:
//www.cityofnapa.org/DocumentCenter/View/9
885

Page 14 of 46 ends

ATTACHMENT 1

EXHIBIT
B

Local Project Sponsor Agreement between
Association of Bay Area Governments (ABAG)
and
East Bay Municipal Ut
ility District

(
EBMUD)

Available online at:

https://www.cityof
napa.org/DocumentCenter/View/9
88 6

Page 15 of 46 ends

ATTACHMENT 1

EXHIBIT
C

Memorandum of Understanding

between

East Bay Municipal Utility District

(
EBMUD
)

and

City of Napa, et. al.

Page 16 of 46 ends

ATTACHMENT 1
{00063988;13}
Bay Area Proposition
1 Integ
rated Regional Water Management
Implementation

Grant

Memorandum of Understanding

This Memorandum of Understanding (“MOU”) is entered into on

____ day of __________, 2022

between
East Bay Municipal
Utility District
(“
EBMUD
”)
and the following Participating Agencies
(together, “PAs”)
: Alameda County Water District, Bay Area Water Supply and Conservation Agency, City of Napa, Contra Costa Water District
,
Marin Municipal Water District,
Santa Clara
Valley

Water

District
, San Francisco Public Utilities Commission,
Solano County Water Agency
,
Sonoma
County Water Agency
, and
Zone 7 Water Agency
.

EBMUD and the PAs are collectively
referred to as the “Parties,”
and each individually as a “Party.”

WHE
REAS
, on behalf of numerous public agencies located in the San Francisco Bay Area,
Association of Bay Area Governments
(“
ABAG
”
) applied for and received a Proposition
1 Integrated Regional Water Management Grant (
the
“
State Grant
”
) from the State of California,
Department of Water Resources (“DWR”) in the amount of
$22,750,000
to help fund the
implementation and operation of various regional water conservation, water recycling, ecosystem restoration, green infrastructure, and floo
d management
-
watershed projects. The grant agreement
between DWR and
ABAG
titled
“

AGREEMENT NUMBER
4600013831

PROPOSITION
1 INTEGRATED REGIONAL WATER MANAGEMENT (IRWM)

IMPLEMENTATION
GRANT
” (
the “State Agreement”) is attached hereto and incorporated herein as Attachment A
;
and

WHE
REAS
, the State Grant
includes $4,177,875.00
to fund activities undertaken by
EBMUD
and
the
PAs

under the Bay Area Regional Water Conservation Project ( “Regional
Project”); and

WHE
REAS
, the Regional Project is comprised of
eight
different activities
(including
Grant Administration)
eligible
for funding und
er the State Grant

(each such
eligible
activity an
“Individual Project”), and the
extent of each Party’s
responsibility to implement
the various
Individual Projects
is
further
described in
the attachments to this
MOU
; and

WHE
REAS
,
EBMUD
and
ABAG
have entered into an
agreement
titled
“
LOCAL

PROJECT SPONSOR AGREEMENT

BETWEEN THE

ASSOCIATION OF BAY AREA

GOVERNMENTS AND
THE

EAST BAY MUNICIPAL UTILITY DISTRICT FOR THE

PROPOSITION 1

INTEGRATED REGIONAL WATER MANAGEMENT

IMPLEMENTATION

GRANT
,”
dated
7 th

day of
June, 2022

(“Implementation Agreement”),
attached hereto and incorporated herein as
Attachment

B,

by which
ABAG
agrees to disburse

Page 17 of 46 ends

ATTACHMENT 1
MOU
—
BAY AREA PROP 1. IRWM IMPLEMENTATION GRANT

Page
2 of
22 {00063988;13}
funding from the State Grant to
EBMUD

for
EBMUD

to use in administration and performance
of
the
Regional
Project under the State Grant; and

WHE
REAS
, the
State
Agreement and Implementation Agreement permit

EBMUD

to pass
State Grant funds through to another agency to carry out the purposes of the State Grant; and

WHE
REAS
,
EBMUD
wishes to pass State Grant funds through to the PAs via this MOU
to use in the performance of
Individual
Project
s
, and the PAs desire to receive State Grant funds

for such purpose

and are wil
ling to cooperate in fulfilling
EBMUD’
s
obligations under the
Implementation Agreement, all in
conformity with
the State Agreement.

NOW
, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:

1. Term
Th
is MOU will be in effect
until
the Implementation Agreement between
ABAG
and
EBMUD

terminates, or when
all

the Parties’ obligations under
this MOU
are fully satisfied, whichever
occurs
later
. Notwithstanding the date on which this MOU is executed, Individual
Project costs
incurred
after
J
une 2, 2020
,
to the extent they are eligible for funding under and otherwise compliant with the
State Grant program
,
State Agreement
, and Implementation Agre
ement,

are
eligible for reimbursement under this MOU.

Each
Party’s activities to implement an Individual
Project
must be completed by
November 30
, 2024

to be eligible for State Grant funding
.

Each PA
must
comply with
the State Agreement and the guidelines located therein
and
with
the
Implementation Agreement.

2. Grant Funding Allocation by Participating Agency

2.1 Pursuant to the Implementation Agreement, State Grant funds for eligible Individual P
rojects
are available to PAs in the amounts listed i
n
Attachment C
, Participating Agency State Grant Fund
Allocations

and Cost Share
(attached hereto and incorporated herein)
,
and specifically Table 2
thereof,
subject to reallocation in accordance with section 2.
3 and 2.
4 of this MOU
.

Attachment C
includes:

Table 1:

ESTIMATED PROJECT ACTIVITIES
–
This table lists the eight
Individual
Projects

included in the Regional Project and each project’s maximum billable

cost

per
unit
. Table 1 also includes an estimate of each
Party’s

project activities and the associated
water savings
based on the type and number of each project.

Table 2:

TOTAL THREE
-

YEAR GRANT FUNDS
–
Table 2 lists the total amount of State
Grant funds available to each Party, which is the maximum amount of reimbursement eac h
Party will receive for completed work. Each Party’s right to receive reimbursement is based on its performance of Individual Projects and is subject to the terms and conditions of this MOU and the agreements attached hereto.

Table 3:

TOTAL THREE
-

YEAR COS
T –
This table lists each
Party’s
total
anticipated
costs

for its Individual Projects, which is the sum of each Party’s Total Three
-
Year Grant

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Funds
allocation plus the required 50%
local
cost share.

Each

Party
agrees to
fund
its
respective
required 50%

cost share
, which

can include project related costs incurred after
January 1, 2015.

Each Party
is required to maintain all financial records associated with the
total project costs

for inclusion in the final project repor
t.

A Party’s failure t
o expend
its full required local cost share
in accordance with Attachment C (including any
modification made thereto in accordance with Section 2.3 and/or Section 2.4 of this MOU) will result in a reduction in that Party’s entitlement to receive State Gran
t funds.

2.2 As the

Local Project Sponsor

(LPS)

for the
Regional Project
,
EBMUD

is responsible for
compliance with all reporting provisions of the State Agreement and shall also be responsible for all management,
administration,
oversight,
and

compliance associated with the Regional Project
,
provided that PAs acknowledge EBMUD’s abili
ty to successfully fulfill its responsibility will
require the PAs to diligently perform their obligations under this MOU .

The
Grant Amount
allocated
for
“Project
Administration
,”
listed as a
n Individual Project
in Attachment C Table 1
,
is
intended to reimburse
EBMUD

for any expenses related to State Grant management and
administration
, less its 50% local cost share
. Any
State Grant
funds
allocated for
Project
A
dministration

which remain
after
EBMUD

has been reim
bursed may be allocated on a pro rata
basis among the PAs
participating in the MOU at that time
to reimburse
their respective grant
administration costs
, less their respective 50% local cost share.

2.3 Subject to prior
EBMUD
approval,
which will not be unreasonably withheld,
each PA may
increase or decrease the number
of units it provides of any Individual Project listed on Attachment C,
on condition
that

(i)

the change does not require a reallocation of the

TOTAL THREE
-
YEAR

GRANT FUNDS

between or among two or more

Parties
, and (ii
) the reallocation does not reduce

that
PA
’
s

TOTAL THREE
-

YEAR COST

as specified
in Attachment C.

If changes
will result in
a
signif
icant decrease to estimated

water savings per grant dollar spent

than what is specified in
Attachment C

Table 1
, EBMUD will see
k approval
from DWR and ABAG

which must be obtained
before the reallocation is made
.

2.4 Changes
to the

TOTAL THREE
-

YEAR GRANT FUNDS
a
llocations
which would increase or
decrease the total amount of State Grant funds available to any Party may be initiated by providing EBMUD

with a reallocation request signed
by an authorized representative
of the
PA
requesting
an increase in the allocated amount an
d the
Party or Parties
agreeing to a corresponding decrease
in the allocated amount.

EBMUD

will seek approval from DWR and ABAG on
behalf

of the
requesting
PAs
.

2.5 The provisions in this Section 2.5 apply to all reallocation s
under Section 2.3 or Section 2.4.

If
any
reallocation is approved or made,
EBMUD

will update Attachment C to reflect the
reallocation and provide a copy of the

updated attachment to
all
the PAs
.

The reallocation will
become effective at the time the upd
ated attachment is distributed by
EBMUD
. No amendment to
this MOU shall be required for revisions to Attachment C in accordance with these procedures.

EBMUD shall have the right, to the same extent as the PAs, to reallocate its own TOTAL THREE -
YEAR GRANT FUNDS.

2.6 If necessary, at any time and prior to completion of the Final Quarterly Report and Invoice, the Parties
shall convene to determine, consistent with the State Agreement and Implementation Agreement, how unspent, forfeited, or remaining State Grant funds will be redistributed. If the

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Parties
are unable to reach agreement

as to how unspent, forfeited, or remaining State Grant funds will be redistributed,
any such funds shall be redistributed
pro rata

based on the original share of
grant funds

among the
Parties
participating in this MOU at the time

if and to the extent such funds
are released by DWR and ABAG in accordance with the agreements attached to this MOU, and
EBMUD will update Attachment C to reflect the changes.

3. Work Plan
To be eligible for State Grant funds,
each PA
shall implement
the
activities listed in Task
11 of
the
Work
Plan
, which is
Attachment
A
to

the Implementation Agreement
, for any and all
Individual
Project(s)

listed as that PA’s responsibility in Attachment C

to this MOU
.

4. Reporting
and Invoicing

4.1 The PAs have developed a Grant Reporting Template, attached hereto and incorporated herein as Attachment D, which specifies required quarterly reporting data. The Grant Reporting Template shall be used by all PAs when reporting the required data.

4.2 On a quarterly basis,
EBMUD

will prepare a Quarterly Progress Report and Invoice and submit it to
ABAG
according to the terms of the Implementation Agreement. The PAs will provide EBMUD
with the required program data for their agency on a quarterly basis in electronic format using t
he Grant Reporting Template.

4.3 Quarterly Progress Reports and Invoices will be submitted by
EBMUD

to ABAG
according to
the schedule shown in Table
1,
PROP 1 IRWMP IMPLEMENTATION Grant Deadlines
, and the
following process:

4.3.1 On not less than a quarterly basis,
EBMUD

will
request
Q
uarterly Progress Report
data
from
the PAs
.

Using the Grant Reporting Template, the PAs
will
submit their data
and individual invoices electronically to
EBMUD

within five

(5)
business days.

4.3.2 Within
ten (10)
business days
after
EBMUD’S

initial request for Quarterly Progress
Report data,

EBMUD

will prepare and distribute a draft
Quarterly
Progress Report
and
Invoice to the PAs for review and approval.

4.3.3 The PAs
will provide written
corrections
or approval
to
EBMUD

within five
(5)
business days of its receipt of
EBMUD
’s

draft
Quarterly
Progress Report and Invoice.

4.3.4 Within five
(5)
business days of receipt of

corrections or approval

from
the PAs
,
EBMUD

will
incorporate the corrections and submit a final draft of the Quarterly Progress Report and Invoice for approval by the PAs.

4.3.5 The PAs

will provide written

corrections

or approval
to
EBMUD

within
two (2)

business days of its receipt of
EBMUD
’
s
final
dr
aft
Quarterly
Progress Report
and
Invoice.

4.3.6 Within
three (3)

business days of receipt of

corrections or approval

from
the PAs
,
EBMUD

will
incorporate the corrections and
submit
the
final approved
Q
uarterly

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P
rogress
Report
and Invoice
to
ABAG
pursuant to its obligations under the
Implementation Agreement.

4.3.7 If
a PA does
not meet the
above-
stated

reporting deadlines,
that PA’s data will not be
included in the Quarterly Progress Report and Invoice. The PA will be required to wait until the following quarter to submit their data
.

4.3.8 Pursuant to

the Implementation Agreement with
ABAG
,
EBMUD

will submit Project
Completion Reports and a Grant Completion Report Plan within the specified
time
period.

4.3.9 EBMUD

is
also
required to
submit
Project Performance R
eports
directly to DWR

each year
for
three
(3
) years

after the end of the grant period
. The

PAs will work with
EBMUD

to

provide the necessary data

for
, and review of,

these reports

consistent with
the schedule and process for the Quarterly Progress Reports.

4.3.10 After
EBMUD
has submitted the Quarterly Progress Report and Invoice to ABAG
,
PAs that have not already done so shall submit an invoice to EBMUD

for
reimbursement. The invoice shall reference the activity period and match the activities and costs submitted in that PA’s Grant Reporting Template submittal.

4.3.11 Notwithstanding any other provision of this MOU, EBMUD

will reimburse the PAs
only to

the extent it has received State Grant funds
for such purpose from DWR through
ABAG
. If for any reason
DWR
fails to disburse funds as anticipated, or makes a
disbursement insufficient to
reimburse
the PAs’
invoiced
costs
, EBMUD
may make a
commensurate re
duction in
the reimbursement
it provides
to each PA

and to itself
.

In
addition, pursuant to the terms of the State Agreement, DWR may withhold a percentage of payment on each quarterly invoice until the P
roject is complete and all
reporting requirements are met. If this is the case,
EBMUD

may withhold the same
percentage

from payment on the individual PA invoices.

EBMUD

will process each
PA invoice within thirty (30) business days of receipt of State Grant funds

from
ABAG
.

Table

1. PROP 1
IRWMP

IMPLEMENTATION

Grant Deadlines

Reporting Period

Date Reporting
Numbers and Back
-
up
Due to
EBMUD

Date Draft Invoice Sent to
PAs for Review

Date PAs
Final
Review
Comments Due to
EBMUD

Date Progress Report/
Invoice Due to ABAG

June 3, 2020 to March 31,
2021

N/A

N/A

N/A

4/30/21

April 1, 2021

to June 30,
2021

7/7
/21

7/
14 /2
1 7/
27 /21

7/3
0 /21

July 1, 2021 to September
30, 2021

10/7/21

10 /
14 /2
1 10/
26 /21

10/29
/21

October 1, 2021 to December
31, 2021

1/7/22

1/
14 /2
2 1
/2
6 /22

1/31/22

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January 1, 2022 to March 31,
2022

4/7/22

4/
14 /2
2 4/
26 /22

4/29
/22

April 1, 2022 to June 30,
2022

7/7/22

7/
14 /2
2 7/
26 /22

7/29
/22

July 1, 2022 to September
30, 2022

10/7/22

10 /
14 /2
2 10/
26 /22

10/31/22

October 1, 2022 to December
31, 2022

1/
6 /23

1/13
/2
3 1/
26 /23

1/31/23

January 1, 202
3 to March 31,
202
3 4/7/23

4/
14 /2
3 4/
25 /23

4/28
/2
3 April 1, 202
3 to June 30,
202
3 7/7/23

7/
14 /2
3 7/
26 /23

7/31/2
3 July 1, 202
3 to September
30, 202
3 10/
6 /23

10 /13
/2
3 10/
26 /23

10/3
1 /2
3 October 1, 202
3 to December
31, 202
3 1/
5 /24

1/12
/2
4 1/
26 /24

1/31/2
4 January 1, 202
4 to March 31,
202
4 4/
5 /24

4/12
/2
4 4/
25 /24

4/30/2
4 April 1, 202
4 to June 30,
202
4 7/
5 /24

7/12
/2
4 7/
26 /24

7/31/2
4 July 1, 202
4 to September
30, 202
4 10/7/24

10 /
14 /2
4 10/
28 /24

10/31/2
4 October 1, 202
4 to
November

30 , 202
4 12/6
/24

12 /1
3 /24

12 /2
6/24
12 /31/2
4 5.

Communication
All communications
concerning this MOU

shall be exchanged between the project managers or
their alternates

as shown on Attachment E, which is attached hereto and incorporated herein.

The
contact information for any
PA
on Attachment E may be
updated by written notice
to EBMUD
from the
PA
making the change
to all persons listed on Attachment E.

EBMUD

will circulate
updated versions of Attachment E from time to time. No amendment to thi s MOU is required for
such updates to Attachment E.

6. Inspection of Records
; Pass
-Through Provisions
Pursuant to the State Agreement, DWR is entitled to inspect and make copies of any records pertaining to the program and the
Parties
are required to make available for such inspection
accurate records of all costs, disbursements, and documentation as necessary to comply with the requirements of the State Agreement.

Each Party
shall comply with
those
provisions of the
State Agreemen
t (Attachment A

hereto)
which the State Agreement
expressly
makes
applicable to subcontractors performing grant
-funded
work
. Such provisions
include, without limitation,
paragraphs 7.K [prohibition on reimbursement
of indire
ct costs or overhead];
D.1.A [books and records]; D.5 [
three
-
year records retention];
D.16
[drug
-
free workplace];
D.25 [
S
tate’s right to inspect project];
D.26 [compliance with Labor Code];
and
D.28 [nondiscrimination].

Each
Party shall
require
its own
subcontractors
who perform work
paid in whole or part by State Grant funds to comply with these same provisions.

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The obligations of this Section 6 shall survive termination or expiration of this MOU.

7. Indemnification

Pursuant to Government Code section 895.4, each Participating Agency hereby agrees to defend, indemnify, hold harmless, and release
EBMUD
,
the other
entities

designated as Local Project
Sponsors in the State Agreement, the Metropolitan Transportation Commission (MTC) ,
ABAG
,
and
each of
their respective members, elected and appointed officers, employees, and agents , from
and against any and all
liability resulting from
the
act(s) and/or omission(s) of the
indemnifying
Participating Agency and/or such Participating Agency’s elected

and appointed officers,
employees, agent, and contractors

which act(s) or omission(s) arise
from and/or
relate
to the
Regional Project

or any portion thereof
.

Without limiting the scope of
the foregoing

indemnity
,
the indemnified
liability
includes the following: any funding disallowance; audits; demands; claims; actions; liabilities; damages; fines; fees, costs, and expenses, including attorney, auditor, and/or expert witness fees.

Pursuant to Government Code section 895.4, EBMUD
hereby ag
rees to defend, indemnify, hold
harmless, and release each Participating Agency
,
the other entities designated as Local Project
Sponsors in the State Agreement, the Metropolitan Transportation Commission (MTC) ,
ABAG
,
and
each of their respective members, e
lected and appointed officers, employees, and agents
, from
and against any and all
liability resulting from
the
act(s) and/or omission(s) of EBMUD and/or
EBMUD’s elected and appointed officers, employees, agent, and contractors which act(s) or
omission(s)
arise
from and/or
relate
to the Regional Project or any portion thereof.

Without
limiting the scope of
the foregoing indemnity, the indemnified
liability includes the following: any
funding disallowance; audits; demands; claims; actions; liabilities; damag es; fines; fees, costs, and
expenses, including attorney, auditor, and/or expert witness fees.

Each Party
hereby agrees
to
indemnify and hold and save the State

of California, its officers,
agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of
its participation in
the
Regional
Project
and this
MOU
, including, but not limited to any claims or damages arising from planning, design, construction, maintenance and any breach of this
MOU
.

The obligations of this Section 7 shall survive termination or expiration of this MOU
.

8. Insuranc
e
The Parties agree that the insurance requirements specified in this MOU could be met by a combination of primary, excess and/or umbrella insurance or through self-insurance, upon evidence of financial capacity satisfactory to EBMUD.

Minimum Coverages. The insurance requirements specified in this section shall cover PA’s own liability and the liability arising out of work or services performed under this MOU by any subconsultants, subcontractors, suppliers, temporary workers, independent contractors, leas ed
employees, or any other persons, firms or corporations that PA authorizes to work under this MOU (hereinafter referred to as “Agents”)
. PA shall, at its own expense, obtain and maintain in
effect at all times during the life of this
MOU
the following types of insurance against claims,

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damages and losses due to injuries to persons or damage to property or other losses

that may
arise in connection with the performance of work under this MOU.

PA is also required to assess the risks associat
ed with work to be performed by Agents under
subcontract and to include in every subcontract the requirement that the Agent maintain adequate insurance coverage with appropriate limits and endorsements to cover such risks. To the extent that an Agent does not procure and maintain such insurance coverage, PA shall be responsible for said coverage and assume any and all costs and expenses that may be incurred in securing said coverage or in fulfilling PA’s obligation to indemnify EBMUD as to itself or any of its
Agents in the absence of coverage.

In the event PA or its Agents procure excess or umbrella coverage to maintain certain requirements outlined below, these policies shall also satisfy all specified endorsements and stipulations, including provisions that PA’s insurance be primary without right of contribution from LPS. Prior to beginning work under this contract, PA shall provide LPS with satisfactory evidence of compliance with the insurance requirements of this section.

Each party shall take out and maintain during the life of the MOU
all the insurance required in
this section.

For any coverage that is provided on a claims-made coverage form (which type of form is permitted only where specified), the retroactive date must be shown and must be before the date of this
MOU
, and before the beginning of any s
ervices related to this
MO
U.

The insurance requirements under this
MOU
shall be the greater of (1) the minimum coverage
and limits specified in this
MOU
; or (2) the broader coverage and maximum limits of coverage of any insurance policies or proceeds available to the Named Insured. It is agreed that these insurance requirements shall not in any way act to reduce coverage that is broader or that includes higher limits than the minimums required herein. No representation is made that the minimum insurance requirements of this
MOU

ar
e sufficient to cover the obligations of the
parties.

All policies will be issued by insurers, generally with a Best’s Rating of A- or better with a
Financial Size Category of VII or better, or an A rating from a comparable rating service.

The
following entities are to be named as Additional Insureds on all insurance policies required under this MOU (excluding the workers’ compensation and cyber liability policies):

East Bay Municipal Utility District (EBMUD)

Metropolitan Transportation Commi
ssion (MTC)

Association of Bay Area Governments (ABAG)
State of California, Department of Water Resources

All insurance specified
in this MOU
shall remain in force until all work or services to be
performed are satisfactorily completed and
, if required,
the work or services have been formally

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accepted.

PA
must notify
EBMUD
if any of the above required coverages are non-renewed or cancelled. The failure to procure or maintain required insurance and/or an adequately funded self
-insurance program will con
stitute a material breach of this
MOU
.

The amounts of insurance shall be not less than the following:

Workers’ Compensation

Workers' Compensation Insurance with Statutory limits, and Employer’s Liability Insurance with a limit of not less than $1,000,000 per employee and $1,000,000 per accident, and any and all other coverage of PA’s employees as may be required by applicable law. Such policy shall contain a Waiver of Subrogation in favor of EBMUD.

Business Automobile Insurance

Business Automobile Insurance for all automobiles owned (if any), used or maintained by PA and PA’s officers, and employees, including but not limited to owned (if any), leased (if any), non-owned and hired automobiles, with limits of liability which shall not be less than $2,000,000 combined single limit per accident.

Commercial General Liability

$2,000,000/Occurrence, Bodily Injury,
Property Damage
–
General Liability.

The following coverages or endorsements must be included in the policies:

1. The Certificate Holder,
its Directors, Officers, and Employees are Additional Insureds in the policy(ies) as to the work being performed under this MOU.

2. The coverage is Primary and non-contributory to any other insurance carried by the parties.

3. The policy(ies) cover(s) contractual liability.

4. The policy(ies) is/are written on an occurrence basis.

5. The policy(ies) cover(s) Property in care, custody and control.

6. The policy(ies) cover(s) personal injury (libel, slander, and wrongful entry and eviction) liability.

7. The policy(ies) cover(s) products and completed operations.

Cyber Liability

Each party shall take out and maintain during the life of the MOU
, Cyber Liability insurance
with a minimum of $2,000,000 of liability coverage. The policy will provide 30 days' written notice to the other Party for cancellation or reduction in coverage.

If policy is written on a claims
-made form, the following shall apply:

a.

The retroactive date must be shown, and must be before the date of the MOU
or the
beginning of the Services.

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b.

Insurance must be maintained and evidence of insurance must be provided for a minimum of three (3) years after completion of the Servic es.

c.

If insurance is cancelled or non
-renewed, and not replaced with another claims-
made
policy form with a Retroactive Date prior to the Agreement effective date, LPS shall purchase “extended reporting” coverage for a minimum of three (3) years after completion of the work.

9. Dispute Resolution

The Part
ies to this MOU shall meet promptly to address any dispute that may arise and make a good faith effort to negotiate a resolution. The use by any Part
y of any remedy specified herein for
the enforcement of this MOU is not exclusive and shall not deprive any

Part
y of, or limit the
application of, any other remedy provided by law.

10. Governing Law
This
MOU
, its
construction,
and all work performed under it shall be governed by the laws of the State of California.

11. Severability

If any provision of this MOU is held invalid or unenforceable by a court of final jurisdiction, all other provisions of this MOU shall remain valid and in force and be construed in such a manner so as
not to affect the original intent of the
Parties

to the maximum extent possible.

12. Amendm
ent

No amendment of this MOU shall be valid unless made in writing and
signed by all
Parties
.

13. Entire Agreement

This
MOU,
together with the
attachments

hereto
,
constitutes the complete agreement between the
Part
ies and supersedes any prior written or
oral communications

between the Parties
.

14. Termination

Any PA may, at any time and without cause, terminate its participation in this MOU by sending a letter to all other PAs notifying them of the same.

Upon the effectiveness of a PA’s termination of its

participation in this MOU, that PA's remaining
allocation of the grant funds, if any, will be redistributed to the remaining PAs in accordance with Section 2 of this MOU and in conformance with the Implementation Agreement and State Agreement. Any PA term
inating its participation in this MOU must continue to comply with the reporting obligations to
EBMUD
, as described in
s
ection 4 of this MOU

and the terms of
Table 1

(concerning additional administrative costs),
S
ection
6 (concerning inspection of records

and other
pass
-
through provisions
), and S
ection
7 (concerning indemnification)
,
each

of which

shall survive
such termination
.

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This MOU will remain in full force
and effect as to the PAs

that do not terminate their partic
ipation
in the MOU.

15. Successors and Assigns

This MOU and all of its provisions shall apply to and bind the successors and assigns of each and every Part
y to this
MOU
.

No Pa
rty may assign this MOU
without all other Parties’ consent.

16. Counterpart
Signatures

This MOU
m
ay be executed in counterparts
,
each of which shall be deemed to be an original but
all of which taken together shall constitute one and the same agreement .

17. Non
-Waiver
Failure of
any
Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.

18. Attachments

The following Attachments are hereby incorporated herein by this reference and made a part hereof as though set forth in full:

Attachment A: State Agreement

Attachment B: Implementation Agreement (Local Project Sponsor Agreement)

Attachment C: Participa
ting Agency State Grant Fund Allocations and Cost Share Attachment D: Grant Reporting Template

Attachment E:

Prop 1
Grant
- Bay Area Regional Conservation Program Participating
Agencies/Contacts

(Signatures follow on separate pages in counterparts.
)

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IN WITNESS

WHEREOF
, this
MOU
has been executed by the parties hereto:

EAST BAY MUNICIPAL UTILITY DISTRICT

Date:

Clifford Chan

General Manager

Approved as to form:

Date:

Jonathan D. Salmon

Assistant
General Counsel

Page 28 of 46 ends

ATTACHMENT 1

MOU
—
BAY AREA PROP 1. IRWM IMPLEMENTATION GRANT

Page 13 ends

of
22 {00063988;13}

ALAMEDA COUNTY WATER DISTRICT

Date:

Ed Stevenson
General Manager

Page 29 of 46 ends

ATTACHMENT 1

MOU
—
BAY AREA PROP 1. IRWM IMPLEMENTATION GRANT

Page 14 ends

of
22 {00063988;13}

BAY AREA WATER SUPPLY AND CONSERVATION AGENCY

Date:

Nicole Sandkulla

Chief Executive Officer/General Manager

Page 30 of 46 ends

ATTACHMENT 1

MOU
—
BAY AREA PROP 1. IRWM IMPLEMENTATION GRANT

Page 15 ends

of
22 {00063988;13}

CITY OF NAPA, a
California charter city

BY:

Date:

Phil Brun

Utilities Director

City of Napa

ATTEST:

Date:

Tiffany Carranza

City Clerk

City of Napa

COUNTERSIGNED:

Date:

Joy Riesenberg

City Auditor

City of Napa

APPROVED AS TO
FORM:

Date:

Michael W. Barrett

City Attorney

City of Napa

Page 31 of 46 ends

ATTACHMENT 1

MOU
—
BAY AREA PROP 1. IRWM IMPLEMENTATION GRANT

Page 16 ends

of
22 {00063988;13}

CONTRA COSTA WATER DISTRICT

Date:

Steven J. Welch
G
eneral Manager

Page 32 of 46 ends

ATTACHMENT 1

MOU
—
BAY AREA PROP 1. IRWM IMPLEMENTATION GRANT

Page 17 ends

of
22 {00063988;13}

MARIN MUNICIPAL WATER DISTRICT

Date:

Bennett Horenstein
General Manager

Page 33 of 46 ends

ATTACHMENT 1

MOU
—
BAY AREA PROP 1. IRWM IMPLEMENTATION GRANT

Page 18 ends

of
22 {00063988;13}

SAN FRANCISCO PUBLIC UTILITIES COMMISSION

Date:

Dennis Herrera

General Manager

APPROVED AS TO FORM:

Date:

David Chiu, City Attorney

Date:

By:

Deputy City Attorney

Page 34 of 46 ends

ATTACHMENT 1

MOU
—
BAY AREA PROP 1. IRWM IMPLEMENTATION GRANT

Page 19 ends

of
22 {00063988;13}

SANTA CLARA VALLEY WATER DISTRICT

Date:

Rick L. Callender

CEO

Page 35 of 46 ends

ATTACHMENT 1

MOU
—
BAY AREA PROP 1. IRWM IMPLEMENTATION GRANT

Page 20 ends

of
22 {00063988;13}

SOLANO COUNTY WATER AGENCY

Date:

Roland Sanford
General Manager

Page 36 of 46 ends

ATTACHMENT 1

MOU
—
BAY AREA PROP 1. IRWM IMPLEMENTATION GRANT

Page 21 ends

of
22 {00063988;13}

SONOMA COUNTY WATER AGENCY

Date:

Grant Davis

General Manager

Authorized per Sonoma County Water

Agency’s Board of Directors Action on 06/08/2021

REVIEWED AS TO FUNDS:

Date:

Lynne Rosselli
Division Manager –
Administrative

Services

APPROVED AS TO FORM:

Date:

Adam Brand

Deputy County

Page 37 of 46 ends

ATTACHMENT 1

MOU
—
BAY AREA PROP 1. IRWM IMPLEMENTATION GRANT

Page 22 ends

of
22 {00063988;13}

ZONE 7 WATER AGENCY

Date:

Valerie Pr
yor
General Manager

Page 38 of 46 ends

ATTACHMENT 1

ATTACHMENT A: State Agreem
ent

Grant Agreement No. 460001
3831

between the
State Of California (Department of Water
Resources) and Association of Bay Area
Governments (ABAG)

Available online at:

https://www.cityofnapa.org/DocumentCenter/View/9
885

Page 39 of 46 ends

ATTACHMENT 1

ATTACHMENT

B
: Implementation Agreement

Local Project Sponsor Agreement between
Association of Bay Area Governments (ABAG)
and
East Bay Municipal Ut
ility District

(
EBMUD)

Available online at:

https://www.cityofnapa.org/DocumentCenter/View/9
88 6

Page 40 of 46 ends

ATTACHMENT 1
{00063988;13}
Attachment
C:

Participating
Agency
State
Grant
Fund
Allocations
and Cost
Share

Page 41 of 46 ends

ATTACHMENT 1
Project
Billable Unit
Total Cost/Unit
Billable Cost/Unit
ACWD
BAWSCA
CCWD
EBMUD
MMWD
Napa
SCVWD
SFPUC
Solano
Sonoma
Zone 7
Total Regional
Devices/ rebates/
workshps
Total Estimated
Cost Before
Grant Funds
Agency Cost at
50%
DWR Cost at
50%
Annual Unit Water
Savings (Gal per
Year)
Annual Total
Project Water
Savings (Gal per
Year)
Annual
Water
Savings (AF
per year)
Life of
Savings
(Years)
Total Life
Water
Savings (AF)
Total
Cost
per AF
Saved
Agency
Cost per
AF Saved
DWR
Cost per
AF Saved
1 QWEL
Per class series
10,000.00
$

5,000.
00 $

2 3
3 2
3 3
3 3
3 3
28 280,000
$

140,000
$

140,000
$

890,
254

24,927,
108

76 5
382

732
$

366
$

366
$

2 WBIC Rebate- Single Family
Per Controller
100.00
$

50.00 $

600
75 150
500
200
300
1,825

182,500
$

91,250
$

91,250
$

10,537

19,229,618

59 15
885

206
$

103
$

103
$

3 WBIC Rebate- Commercial
Per Controller
300.00
$

150.00
$

45 15
20 50
52 182

54,600
$

27,300
$

27,300
$

21,886

3,983,339

12 15
183

298
$

149
$

149
$

4 Water efficient landscape rebate
Per sq ft

1.00 $

0.50 $

199,962

99,500

300,000

137,028

215,000

523,600

171,000

120,600

70,000

1,836,690

1,836,690
$

918,345
$

918,345
$

25 45,917,250

141

15 2,114

869
$

434
$

434
$

5 Smart metering devices
Per device installed
150.00
$

75.00 $

2,464

2,200

4,400

8,508

2,830

120

200

6,486

140

27,348

4,102,200
$

2,051,100
$

2,051,100
$

3,767

103,014,446

316

15 4,
742

865
$

433
$

433
$

6 Customer Water Report
Per Household (4 rpts/yr)

4.00 $

2.00 $

81,440

6,000

200,000

287,440

1,149,
760
$

574,880
$

574,880
$

3,578

342,864,
181

1,052

3 3,157

364
$

182
$

182
$

7 Component Analysis
Per Analysis
20,454.55
$

10,227.
27 $

1 12
1 3
5 22

450,000
$

225,000
$

225,000
$

16,736,
262

368,197,
756

1,130

2 2,260

199
$

100
$

100
$

8 Grant Administration
Administration
300,000.00
$

150,000.
00 $

1 1

300,000
$

150,000
$

150,000
$

Total
8,355,750
$

4,177,875
$

4,177,875
$

908,133,699

2,787

13,723

304
$

304
$

Project
ACWD
BAWSCA
CCWD
EBMUD
MMWD
Napa
SCVWD
SFPUC
Solano
Sonoma
Zone 7
Total
QWEL
10,000
$

15,000
$

15,000
$

10,000
$

-
$

15,000
$

15,000
$

15,000
$

15,000
$

15,000
$

15,000
$

140,000
$

WBIC Rebate- Single Family
-
$

30,000
$

3,750
$

-
$

-
$

7,500
$

25,000
$

-
$

-
$

10,000
$

15,000
$

91,250
$

WBIC Rebate- Commercial
6,750
$

-
$

2,250
$

-
$

-
$

3,000
$

7,500
$

-
$

-
$

-
$

7,800
$

27,300
$

Water efficient landscape rebate
99,981
$

49,750
$

150,000
$

68,514
$

-
$

107,500
$

261,800
$

-
$

85,500
$

60,300
$

35,000
$

918,345
$

Smart metering devices
184,800
$

165,000
$

330,000
$

638,100
$

212,250
$

9,000
$

-
$

-
$

15,000
$

486,450
$

10,500
$

2,051,
100
$

Customer Water Report
-
$

-
$

-
$

162,880
$

-
$

12,000
$

400,000
$

-
$

-
$

-
$

-
$

574,880
$

Component Analysis
10,227
$

122,727
$

-
$

-
$

10,227
$

-
$

-
$

-
$

30,
682
$

51,136
$

-
$

225,000
$

Grant Administration
-
$

-
$

-
$

150,000
$

-
$

-
$

-
$

-
$

-
$

-
$

-
$

150,
000
$

Total
311,758
$

382,477
$

501,000
$

1,029,494
$

222,477
$

154,000
$

709,300
$

15,000
$

146,182
$

622,886
$

83,300
$

4,177,875
$

TABLE 2: TOTAL THREE-YEAR GRANT FUNDS
TABLE 1: ESTIMATED PROJECT ACTIVITIES
Bay Area Regional Water Conservation Program Budget an

Page 42 of 46 ends

ATTACHMENT 1
{00063988;13}
Attachment D: Grant Reporting Template

Provi
ded
separately in Microsoft Excel format.

Page 43 of 46 ends

ATTACHMENT 1
Sample reporting template
Reporting Period Dates
A
B
C
D
E
F
G
H
I
J
K
L
Participating Agency
Number of
Rebates
Cost per
rebate ≤ $300
Total Cost of
Rebates
Grant Portion
(E x .50)
Agency
Match
(E-F)
Average
landscape
area per
controller
(sq.ft.)
Estimated
Annual
Savings per
Controller
(Gal/ yr)
Life of
Savings
(Years)
Total Est.
lifetime
savings (gal/
yr)
(C x I x J)
Total Est.
lifetime AF
Saved
Agency Name
0 0

0 0
0 0
0 Program
Agency
Match (of
Total
Program)
Grant Amount
Total
Program Cost
(Sum of
Agency
Match &
Grant
Amount)
Agency
Match
Expended To
Date
Agency
Match %
Drawdown To
Date
Grant Amount
Billed To Date
Grant Amount
% Drawdown
To Date
Grant Amount
Billed this
Invoice
Total Grant
Amount Billed
in Previous
Invoices
Total Project
Goal (WBIC-
Commercial)
Total Rebates
Issued to
Date
% Complete
to Date
2 WBIC Rebate- Commerical
Match $
Grant $
$0.00
0%
0%
$
0 .00
Goal
#
0%
Q1
Q2
Q3
Q4
Q5
Q6
Q7
Q8
Q9
Q10
Q11
Q12
2A - Progress Report
X
2B - Reporting Spreadsheets (Above)
N/A
2C - Back-up Documentation
2D - List of Rebate Recipients
2E - Customer Surveys
X
X = indicates items required for that quarter
Any quarter that you are requesting reimbursement for these items.

List Account Numbers OR
Name/Address; $ amount per
rebate
Results
2 This Quarter
Program Totals
Signed Partnership Agreements
Examples of rebate applications
Quarter Number:
[
#]
Backup Items Needed
(Please refer to Monitoring, Assessment and Performance Measures for each program.)
Notes
Template Provided
Template Provided
[Dates]

Any quarter that you are requesting reimbursement for these items.

Page 44 of 46 ends

ATTACHMENT 1
{00063988;13}
Attachment
E:

Contact Information
for
Prop 1
Implementation Grant

Participating Agency

First Contact Name

Email

Phone Number

Alternate Contact Name

Email

Phone and Email

Alameda County Water
District

Megan Maurino

[email protected]

510
-
668
-
4227
Gisselle Delgadillo

[email protected]
510
-
668
-
4236
Bay Area Water Supply and
Conservation Agency

Danielle McPherson

[email protected]

Tom Francis

[email protected]

City of Napa

Patrick Costello

[email protected]

707
-
257
-
9309
Josh Stokes

[email protected]

707
-
257
-
9497
Contra Costa Water District

Nicholle Fratus

[email protected]

925
-
688
-
8 105
Bob Eagle

[email protected]

925
-
688
-
8321
East Bay Municipal Utility District

Jolene Bertetto

[email protected]

510
-
287
-
0597
Whitney Ray

[email protected]

510
-
986
-
7670
Marin Municipal Water District

Carrie Pollard

[email protected]

Matt Sagues

[email protected]

Santa Clara Valley Water District

Karen Koppet
t
[email protected]

408
-
630
-
2707
Justin Burks

[email protected]

San Francisco Public Utilities
Commission

Julie Ortiz

[email protected]

Sergio
Ramirez

[email protected]

Page 45 of 46 ends

ATTACHMENT 1

{00063988;13}

W
ork mobile: 415
-
309
-
4062

O
ffice
:
415
-
551
-
4739

W
ork mobile 415
-
603
-
0514

O
ffice
:
415
-
551
-
4745

Solano County Water Agency

Andrew Florendo

[email protected]

707
-
455
-
1111

Sonoma
County Water Agency

Kris Loomis

[email protected]

707
-
524
-
1165

Joan Hultber
g
[email protected]

707
-
547
-
1902

Zone 7 Water Agency

Kevin Padway

kpadway
@zone7water.com

925
-
454
-
50 20

Amparo Flores

[email protected]

925
-
454
-
5000

Page 46 of 46 ends

ATTACHMENT 1

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