CONTRACT 4047 Memorandum of UnderstandingAgreement No. 4117 -1r6
Local Water Use Efficiency Plans Program
Memorandum of Understanding
This Memorandum of Understandin "MOLT" is made between West Basin Municipal
Water District ( "West Basin") and the ovember-
- -- -;app} February 16, 201
Recitals
A. The United States Department of the Interior -- Bureau of Reclamation (Bureau) —
Water Conservation Field Services Program awarded a grant to West Basin
Municipal Water District in the amount of One- hundred Thousand Dollars ($100,000)
as a 50% cost -share for the development of Local Water Use Efficiency
Compliance Plans (Plans). West Basin has secured and signed the Federal Grant
Agreement No. 0$F0350240 for the purposes of receiving the ($100K) awarded
funds and has agreed to provide the Bureau with required reports throughout the life
of the Program.
B. This Program is available to all of West Basin's customer agencies. El Segundo
agrees to participate in the Program by contributing $2,465, which will be matched by
an additional $2,465 coming from the grant. The funding amount is a percentage
calculated based on the number of customer connections for each agency.
(See Exhibit A)
C. El Segundo desires to work with West Basin to hire a consultant that will develop a
local Plan. By collaborating with West Basin on this project, El Segundo will benefit
from the leveraged resources being provided.
D. West Basin will enter into a consulting contract with a qualified vendor (Plan
Consultant) who will work with El Segundo to develop specific Plans for El
Segundo's service area.
Ten u
Section I. West Basin Grant Obligations
1.1 West Basin shall be responsible for overall Project management and shall provide staff to
oversee development of the Plan Consultant tasks along with participation of El Segundo.
1.2 West Basin shall contract (Plan Contract) for development of the El Segundo Plan with a
Plan Consultant to be selected by West Basin. West Basin shall perform supervision and
oversight of the Plan Consultant and administer the Plan Contract. West Basin will ensure that
the Plan Contract names both West Basin and El Segundo as additional insureds under each
policy of insurance and that the Plan Consultant agrees to indemnify, defend and hold both West
Basin and El Segundo harmless to the maximum extent permitted by law.
r
4 0
4'
,
Agreement No. 4117 -1r6
Local Water Use Efficiency Plans Program
Memorandum of Understanding
This Memorandum of Understandin "MOLT" is made between West Basin Municipal
Water District ( "West Basin") and the ovember-
- -- -;app} February 16, 201
Recitals
A. The United States Department of the Interior -- Bureau of Reclamation (Bureau) —
Water Conservation Field Services Program awarded a grant to West Basin
Municipal Water District in the amount of One- hundred Thousand Dollars ($100,000)
as a 50% cost -share for the development of Local Water Use Efficiency
Compliance Plans (Plans). West Basin has secured and signed the Federal Grant
Agreement No. 0$F0350240 for the purposes of receiving the ($100K) awarded
funds and has agreed to provide the Bureau with required reports throughout the life
of the Program.
B. This Program is available to all of West Basin's customer agencies. El Segundo
agrees to participate in the Program by contributing $2,465, which will be matched by
an additional $2,465 coming from the grant. The funding amount is a percentage
calculated based on the number of customer connections for each agency.
(See Exhibit A)
C. El Segundo desires to work with West Basin to hire a consultant that will develop a
local Plan. By collaborating with West Basin on this project, El Segundo will benefit
from the leveraged resources being provided.
D. West Basin will enter into a consulting contract with a qualified vendor (Plan
Consultant) who will work with El Segundo to develop specific Plans for El
Segundo's service area.
Ten u
Section I. West Basin Grant Obligations
1.1 West Basin shall be responsible for overall Project management and shall provide staff to
oversee development of the Plan Consultant tasks along with participation of El Segundo.
1.2 West Basin shall contract (Plan Contract) for development of the El Segundo Plan with a
Plan Consultant to be selected by West Basin. West Basin shall perform supervision and
oversight of the Plan Consultant and administer the Plan Contract. West Basin will ensure that
the Plan Contract names both West Basin and El Segundo as additional insureds under each
policy of insurance and that the Plan Consultant agrees to indemnify, defend and hold both West
Basin and El Segundo harmless to the maximum extent permitted by law.
x a
1.3 West Basin will ensure that El Segundo will have access to the Plan Consultant's work
product and receives copies of the same upon request. Each party shall receive a copy of the
Plan within 30 days following its completion. El Segundo will also have an opportunity to
review and approve the Plan before it becomes final.
1.4 West Basin shall be responsible for the payment of the Plan Consultant and will invoice
El Segundo on a monthly basis for the work completed, based on El Segundo' cost -share as
shown in Exhibit A.
1.5 West Basin shall retain the right to terminate this MOU and the Plan Contract at any time
upon ten (10) days prior written notice to El Segundo and the Plan Consultant in the event the
monthly invoices are not paid by El Segundo as provided above, in which event West Basin shall
return all unexpended funds to El Segundo and make available to there any and all work product
received to date.
Section 2. Matching Funds
2.1 El Segundo shall provide funding contributions in an amount that covers the Plan
Contract, as shown in Exhibit A. For the purposes of this project, El Segundo shall contribute
$2,465 for the development of a Local Water Use Compliance Plan that will be developed by the
Plan Consultant and matched 50% with the Bureau's funding.
2.2 West Basin shall establish an account (Account) in which to deposit the contributions of
El Segundo, which shall be used to pay the Plan Contract expenses, for El Segundo's cost -share
of the Plan.
2.3 West Basin shall use generally accepted accounting practices applicable to public
agencies to account for all funds deposited in the Account.
2.4 In the event that, upon completion of the tasks in the Plan Contract, there are funds West
remaining in the Account, West Basin shall distribute the remaining funds on a pro rata,basis.
Section 3. El Segundo Project Obligations
3.1 El Segundo agrees to share all necessary and relevant information, data, studies and/or
documentation with the Plan Consultant for the purposes of developing the Plan. The Plan
Consultant will keep all information confidential and return any and all information upon
completion of the Project.
3.2 El Segundo shall review and comment on the draft version of the Plan within twenty -one
(2 1) calendar days from the date of receipt of said Plan or comments from El Segundo will not
be incorporated into the final Plan.
Section 4. Indemnification
4.1 The parties to this MOU shall defend, indemnify and hold harmless the other party and its
officers, employees and agents from and against any and all liability, claims, actions, penalties,
fines, fees, costs and expenses, including expert and attorney fees, arising from or related to their
acts or omissions under this MOU.
2
4%47.
e
Section 5. General Terms
5.1 The project term will start with the signing of this MOU and end on December 30, 2010.
5.2 Nothing in this MOU shall create any obligation for El Segundo to perform any
obligation or work that may arise from the research and/or implementation of any studies and/or
project arising from the work performed under the grant.
5.3 If any provision of this MOU is held, determined or adjudicated to be illegal, void, or
unenforceable by a court of competent jurisdiction, the Parties agree that the remainder of this
MOU shall be given effect to the fullest extent possible.
5.4 Notices desired or required to be given under this MOU or any law now or hereafter in
effect shall be given by personal delivery or by enclosing the same in a sealed envelope
addressed to the party for whom intended and by deposition of such envelope with postage
prepaid in the United States Post Office or any substation thereof, or any public box, and any
such notice and the envelope containing the same shall be addressed to the following
representatives of the parties, except that any party may change the address for notices by giving
the other party at least ten (10) days written notice of the new address:
CITY OF EL SEGUNDO:
Mr. James Turner
Water Supervisor
350 Main Street, El Segundo, CA 90245
310 -524 -2300
West Basin Municipal Water District
Attn: Gus Meza
Sr. Water Use Efficiency Specialist
17140 S. Avalon Boulevard, Suite 210
Carson, CA 90746 -1296
5.5 Governing Law: This MOU shall be governed by, interpreted under, and construed and
enforced in accordance with the laws of the State of California, without regard to its conflict of
law provisions.
5.6 Amendment: No variation, modification, change, or amendment of this MOU shall be
binding upon any party unless such variation, modification, change, or amendment is in writing
and duly authorized and executed by all the parties. This MOU shall not be amended or
modified by oral agreements or understandings among the parties or by any acts. or conduct of
the parties.
5.7 Entire Agreement: This MOU constitutes the entire agreement between the parties with
respect to the subject matter of this MOU and supersedes all prior and contemporaneous
agreements and understandings.
5.8 No Third Party Beneficiary/Successors and Assigns: This MOU is made and entered into
for the sole protection and benefit of the parties and their successors and assigns. No other
person shall have any right of action based upon any provisions of this MOU.
5.9 Waiver: No waiver of any breach or default by any party shall constitute a waiver of any
other breach or default, nor shall any such waiver constitute a continuing waiver. Failure of any
3
"S
40 �a .
party to enforce at any time or from time to time, any provision of this MOU shall not be
construed as a waiver thereof. The remedies herein reserved shall be cumulative and additional
to any other remedies in law or equity.
5.10 Interpretation: The parties have been represented by counsel in the preparation and
negotiation of this MOU. Accordingly, this MOU shall be construed according to its fair
language and any ambiguities shall not be resolved against the drafting party.
5.11 Assignment: No party shall assign this MOU, or any of such party's interest, rights, or
obligations under this MOU, without the prior written consent of the other party, which consent
shall not be unreasonably withheld, except that any party may assign the MOU, or any part
thereof, to any successor governmental agency performing the functions of the assigning party as
its successor.
5.12 Negation of partnership: Nothing in this MOU shall be construed to render the parties in
any way or for any purpose partners, joint ventures or associates, nor shall this MOU be
construed to authorize either party to act as agent for the other party, unless expressly provided
in this MOU.
5.13 Savings clause: If any provision or provisions of this MOU are for any reason adjudged
to be unenforceable or invalid, it is the specific intent of the parties that the remainder shall
subsist, be, and remain in full force and effect.
5.13 Authority to enter into agreement: The individual(s) executing this MOU attest, warrant,
and represent that they are duly authorized to execute this MOU on behalf of their respective
agency.
Each person signing this MOU represents that he/she has the necessary power and authority to
bind the entity on behalf of which said person is signing and each of the other Parties can rely on
that representation.
IN .WITNESS WHEREOF, the parties hereto have caused this MOU to be executed on
the above written date.
CITY QFZ S U WEST BASIN MUNICIPAL
WATER DISTRICT
By
Manaj6r
/ General M er
Date:
Date:'
APPROVE i S, FQ
/ APPROVED AS TO FORM:
Legal Co set
'
Lemieux & O'Neill
By Legal Co
City 6f E1 gegundo, f
By.
I West Basin Counsel
ATTEST; r
/r! t
4
City Clerk
ON of El Seaundn
Exhibit A
USBR Request
$100,000
Cost -Share
$100,000
Total Program Cost
$ 200,000
4 � '' �?
Total Purveyor
Connections 193.701 10096
5
$ 100,000 $ 100,000 $200,000
� fr.
-SYhera;;.
USSR
Number of
% of Total
yj
h}<C ;
Matching
Water Purveyor
Connections
Connections
7= "Cor�tributioe ""
Cost -Share
Total
1
Golden State Water -
Southwest District
56,400
29.1%
$ 29,117
$ 29.117
$ 58,234
CalRomia Water
Service Company
(Hermosa- Redondo,
2
Dominguez, P.V.,
Hawthorne )
87,996
45.4%
$ 45,429
$ 45,429
$ 9-0, 858
California- American
Water Company -
(Bakfwin Hills, Ladera
Heights, Windsor Hills,
3.2%
$ 3,242
$ 3,242
$ 6,484
3
areas )
6,280
El Segundo #29 -
4
(Malibu, Topanga,
Marina Del Re
7,614
3.90/6
$ 3,931
$ 3,931
$ 7,862
5
City of Manhattan
Beach
12 000
6.2ye
6,195
$ 6,195
$ 12,390
6
City of Lomita
4,161
2.1%
2,148
$ 2.148
$ 4,296
7
City of Inglewood
14,475
7.5%
$ 7 473
$ 7,473
14,946
8
�C �':ofEl ±Se undo= "���t'=
4 775
2.5%
:. �: z 246
2 4 66
/ 4,930
Total Purveyor
Connections 193.701 10096
5
$ 100,000 $ 100,000 $200,000