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HomeMy WebLinkAbout2008-09-16; City Council; 19577; Approval of Agreement between San Diego County Water Authority Carlsbad Municipal Water District CMWD and City of Carlsbad for Recycled Water Retrofit ProgramCITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT AGENDA BILL 9 A? AB# 19,577 MTG. 9/16/08 DEPT. ENG APPROVAL OF AGREEMENT BETWEEN SAN DIEGO COUNTY WATER AUTHORITY CARLSBAD MUNICIPAL WATER DISTRICT, AND PITV OC ("ADI QRAn Cf^D\j\ I 1 VJr OArALoDMU r(Jr\ RECYCLED WATER RETROFIT PROGRAM DEPT. HEAD dfl &TT/fr*/ f^l rJ CITYATTY. 1 (@2<- CITY MGR. fliA— - RECOMMENDED ACTION: Adopt Resolution No. 2008-260 approving the agreement between San Diego County Water Authority and the City of Carlsbad for Recycled Water Retrofit Program. Adopt Resolution No.1337 approving the agreement between San Diego County Water Authority and the Carlsbad Municipal Water District (CMWD) for Recycled Water Retrofit Program. ITEM EXPLANATION: In August 2007, the Metropolitan Water District of Southern California's (MWD) Board of Directors established the Accelerated Public Sector Water Efficiency Partnership Demonstration Program, which provides financial incentives to public agencies to implement water efficiency measures for conservation and water recycling. On January 1, 2008, the San Diego County Water Authority entered into an agreement with the MWD to receive funding for a Recycled Water Retrofit Program for public agency owned sites within the San Diego County Water Authority's service area. In addition, the California Public Utilities Commission authorized SDG&E to allocate funding for recycled water retrofit work as part of a water-energy pilot. The Recycled Water Retrofit Program is a financial incentive for public agencies to offset some of the costs to retrofit irrigation systems. The modifications to the irrigation plumbing and appurtenances will enable delivery of recycled water for irrigation. This agreement provides funding for modifications to the following City of Carlsbad sites: • Calavera Park • Farmer's Building Site Total annual water use to be removed from the potable water supply from these two sites will be 31 acre-feet, or approximately 10 million gallons. Terms of this agreement include: • Must complete retrofit work by 12/31/2010 • Reimbursement for Actual Retrofit Costs limited to $500 per acre-foot times average annual water use for previous three years • Must be "Public Owned Site" • Maximum reimbursement of $50,000 per site DEPARTMENT CONTACT: David Ahles, (760) 602-2748, dahle@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL/BOARD ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED IX CONTINUED TO DATE SPECIFIC D D CONTINUED TO DATE UNKNOWN D D RETURNED TO STAFF D D OTHER - SEE MINUTES D D Page 2 ENVIRONMENTAL IMPACT: The irrigation retrofit work (replacement of an existing facilities) at these two existing sites are categorically exempt from the environmental review process under Section 15302 Class 2 (c) of the California Environmental Quality Act (CEQA). FISCAL IMPACT: The estimated retrofit funding project costs are shown below in Table 1. TABLE 1 - PROJECT COST SUMMARY Retrofit Site Calavera Park Farmer's Building Site Anticipated Funding SDCWA Funding $13,000 $2,500 $15,500 SDG&E Funding $20,000 $20,000 City Funding $7,000 $4,000 $11,000 Total $40,000 $6,500 $46,500 All retrofit work will be performed by the City's Parks Department staff. There are currently sufficient funds in the Operating budget to perform this work. EXHIBITS: 1. 2. 3. 4. Location Map. Resolution No.2008-260 approving the agreement between San Diego County Water Authority and City of Carlsbad for Recycled Water Retrofit Program. 1337 approving the agreement between San Diego CountyResolution No. Water Authority and Carlsbad Municipal Water District for Recycled Water Retrofit Program. Recycled Water Retrofit Program Agreement between the San Diego County Water Authority, Carlsbad Municipal Water District, and the City of Carlsbad. LOCATION MAP 'S[TE CALAVERA PARK SITE M"«»— FARMER'S BUILDING SITE CITY OF OCEANSIOE HIGHWAY,** SITE CALAVERA PARK VICINITY MAP NOT TO SCALE SITE FARMER'S BUILDING SITE NOT TO SCALE PROJECT NAME APPROVAL QF AGGREEMENT BETWEEN SAN DIEGO COUNTY WATER AUTHORITY, CARLSBAD MUNICIPAL WATER DISTRICT AND CITY OF CARLSBAD FOR RECYCLED WATER RETROFIT PROGRAM EXHIBIT 1 DRAW BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 8/28/08 Cr \CAPITAL\AHlfS\RECYCLED RETROFIT AGREEMENT.DWG 3 1 RESOLUTION NO. 2008-260 2 3 4 5 1Q Program for public agency projects within the San Diego County Water Authority's service area; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AGREEMENT WITH SAN DIEGO COUNTY WATER AUTHORITY AND CITY OF CARLSBAD FOR RECYCLED WATER RETROFIT PROGRAM. WHEREAS, in August 2007, the Metropolitan Water District of Southern California's Board of Directors established the Accelerated Public Sector Water Efficiency Partnership Demonstration Program, which provides financial incentives to public agencies to implement water efficiency measures for conservation and water recycling; and WHEREAS, on January 1, 2008, the San Diego County Water Authority entered into an agreement with the Metropolitan Water District to receive funding for a Recycled Water Retrofit WHEREAS, the California Public Utilities Commission authorized SDG&E to allocate funding for recycled water retrofit as part of a water-energy pilot; and WHEREAS, the City has determined it necessary and in the public interest to approve the retrofit agreement provides funding for modifications to the following City of Carlsbad sites: Calavera Park and Farmer's Building Site; and WHEREAS, the irrigation retrofit work (replacement of an existing facilities) at these two existing sites are categorically exempt from the environmental review process under Section 1 5302 Class 2 (c) of the California Environmental Quality Act (CEQA). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1 . That the above recitations are true and correct. 2. That the Mayor is authorized to execute the Agreement with San Diego County Water Authority and the City of Carlsbad for Recycled Water Retrofit Program referred to herein. /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad City Council and Carlsbad Municipal Water District Board of Directors, held on the 16th day of September, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ;. LEWJS', Mayor ATTEST: RESOLUTION NO. 1337 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD 3 MUNICIPAL WATER DISTRICT (CMWD), APPROVING AGREEMENT WITH SAN DIEGO COUNTY WATER AUTHORITY , AND CITY OF CARLSBAD FOR RECYCLED WATER RETROFIT * PROGRAM. 5 WHEREAS, in August 2007, the Metropolitan Water District of Southern California's 6 Board of Directors established the Accelerated Public Sector Water Efficiency Partnership Demonstration Program, which provides financial incentives to public agencies to implement water Q efficiency measures for conservation and water recycling; and Q WHEREAS, on January 1, 2008, the San Diego County Water Authority entered into an agreement with the Metropolitan Water District to receive funding for a Recycled Water Retrofit Program for public agency projects within the San Diego County Water Authority's service area; 12 .and 13 WHEREAS, the California Public Utilities Commission authorized SDG&E to allocate 14 funding for recycled water retrofit as part of a water-energy pilot; and 15 WHEREAS, the Board has determined it necessary and in the public interest to approve 16 the retrofit agreement provides funding for modifications to the following City of Carlsbad sites: 17 Calavera Park and Farmer's Building Site; and 18 WHEREAS, the irrigation retrofit work (replacement of an existing facilities) at these two 19 existing sites are categorically exempt from the environmental review process under Section 20 15302 Class 2 (c) of the California Environmental Quality Act (CEQA). 21 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board, 22 as follows: 23 1. That the above recitations are true and correct. 24 2. That the President is authorized to execute the Agreement with San Diego 25 County Water Authority and the City of Carlsbad for Recycled Water Retrofit Program referred to 26 herein. 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad Municipal Water District Board of Directors and the Carlsbad City Council, held on the 16th day of September, 2008, by the following vote to wit: AYES: Board Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ^UDEAV LEWIS^ President ATTEST: (SEAL) I ,} RECYCLED WATER RETROFIT PROGRAM AGREEMENT BETWEEN THE SAN DIEGO COUNTY WATER AUTHORITY, CARLSBAD MUNICIPAL WATER DISTRICT AND THE CITY OF CARLSBAD JULY 2008 TABLE OF CONTENTS Section Page Recitals 1 Section 1: Definitions 1 Section 2: Agreement Term 2 Section 3: Agreement Administrators 3 Section 4: Written Notice 3 Section 5: Responsibility and Ownership 4 Section 6: Funding 5 Section 7: Billing and Payments 6 Section 8: Record Keeping and Audit 6 Section 9: California Environmental Quality Act -. 7 Section 10: Indemnify - Hold Harmless 7 Section 11: Laws and Venue 8 Section 12: Assignment 8 Section 13: Integration 8 Section 14: Signatures 8 Exhibit A: Approved Public Site(s) Attachment 2: Eligible Public Sites Retrofit Costs Summary Form RECYCLED WATER RETROFIT PROGRAM AGREEMENT BETWEEN THE SAN DIEGO COUNTY WATER AUTHORITY, CARLSBAD MUNICIPAL WATER DISTRICT AND THE CITY OF CARLSBAD THIS AGREEMENT (Agreement) is made and entered into onvt^ . 2008, among the San Diego County Water Authority, a county water authority (Water Authority), Carlsbad Municipal Water District, a municipal corporation (Water Agency), and the City of Carlsbad, a Charter City (Public Agency), to establish the framework for cooperation with regard to the Recycled Water Retrofit Program (Program). Water Authority, Water Agency, and Public Agency may be collectively referred to as "Parties" and individually as "Party". Recitals A. In August 2007, the Metropolitan Water District of Southern California's (Metropolitan Water District) Board of Directors established the Accelerated Public Sector Water Efficiency Partnership Demonstration Program, which provides financial incentives to public agencies to implement immediate water efficiency measures for conservation and water recycling. B. On January 1, 2008, the Water Authority entered into an agreement with the Metropolitan Water District (Metropolitan Agreement) to receive funding for a Recycled Water Retrofit Program (Program) for public agency projects within the Water Authority's service area. C. City of Carlsbad is a public agency customer of the Carlsbad Municipal Water District and is located within an area where the Carlsbad Municipal Water District is supplying recycled water. D. The California Public Utilities Commission (CPUC), in Decision 07- 1 2-050, authorized SDG&E to allocate $250,000 for recycled water retrofit funding as part of a water-energy pilot. E. This Agreement provides funding for modifications to a public agency's irrigation plumbing and appurtenances to enable delivery of recycled water. NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, the Parties do agree as follows: Section 1. Definitions The following words and terms, unless otherwise expressly defined in their context, shall be defined to mean: 1 . 1 "Project" means retrofitting existing potable irrigation systems for recycled water at Public Sites approved by the Water Authority and Metropolitan Water District and are listed in Exhibit A and incorporated herein by reference. Future Public Sites described by mutual letter agreement may be added at a later date. 0 1.2 "Public Agency" means the State of California, the federal government, an agency of the state or federal government, or a political subdivision of the state including a county, city and county, city, district, community college district, or school district that participates in Retrofit Program through Water Authority. 1.3 "Public Site" means a property that is owned by a Public Agency (e.g. school grounds, city and county public golf courses, parks, open spaces, street and freeway landscaping) that is currently using potable water for irrigation purposes and will be retrofitted to use recycled water under the Retrofit Program. 1.4 "Retrofit Costs" mean the eligible reimbursable capital costs incurred by the Public Agency for retrofitting each Public Site. Unless otherwise approved in writing by the Water Authority, capital costs include design, Public Agency staff time dedicated to the recycled water program (and applicable overtime charges), recycled water meters, piping and appurtenances, irrigation system modifications, controls and recycled water signage. Costs for permits or other fees, such as applicable inspections and system shutdowns, are ineligible. If the actual retrofit costs of several Public Agency sites are combined under one construction contract, the actual retrofit cost of each Public Agency site will be prorated based on the water demand of each site. 1.5 "Retrofit Program Contribution" means the financial incentive Water Authority will issue for Public Agency Site Retrofit Costs. The Retrofit Program Contribution for each Public Site, shall be the lesser of: A. Actual Retrofit Costs, or B. For dedicated meters - $500 per acre-foot times the average annual irrigation water use over the previous three fiscal years in acre-feet. C. For mixed-use meters - lesser of: i. $500 per acre-foot times the average annual water use over the previous three fiscal years in acre-feet, or ii. $500 per acre-foot times irrigated acreage times the EvapoTranspiration (ET) Index for the county. D. Funding not to exceed $50,000 per site as approved by SDG&E under the water- energy pilot program. Section 2. Agreement Term 2.1 This Agreement is effective when executed by the parties and terminates on December 31,2010. Public Agency may be reimbursed for all approved project (as listed in Exhibit A) costs incurred as of August 2007 with prior approval from Water Authority. 2.2 This Agreement may be amended at any time by mutual letter agreement signed by the Parties. Exhibit A may be amended from time to time to add/delete/or modify retrofit sites. 2.3 Water Authority, in consultation with Metropolitan Water District staff, reserves the right to allow additional time to complete the requirements of Section 6.3. Additional time for construction can be set forth in a letter agreement signed by all parties. Section 3. Agreement Administrators Mr. David Ahles is appointed Agreement Administrator for the City of Carlsbad and Carlsbad Municipal Water District, and Mr. Ken Weinberg is appointed Agreement Administrator for the Water Authority for the purpose of administering this Agreement and making any decisions in connection therewith on behalf of each Party. Agreement Administrators may be changed at any time by providing written notice to the other Party as outlined in Section 4. Section 4. Written Notice 4.1 Any communication required to administer this Agreement shall be in writing and will be deemed received upon personal delivery or 48 hours after deposit in any United States mail depository, first class postage prepaid, and addressed to the Party for whom intended, as follows: If to Water Authority: San Diego County Water Authority 4677 Overland Avenue San Diego, CA 92123 Attn: Mr. Ken Weinberg Director of Water Resources If to Water Agency: Carlsbad Municipal Water District 1635 Faraday Ave. Carlsbad, CA 92008 Attn: David Ahles Senior Civil Engineer If to Public Agency: Carlsbad Municipal Water District 1635 Faraday Ave. Carlsbad, CA 92008 Attn: David Ahles Senior Civil Engineer Either Party may change such address by giving notice to the other Party as provided herein. 19- Section 5. Responsibility and Ownership The Water Authority's responsibilities include: 5.1 Providing Program administrative services, including contracting with the Water Agency and its Public Agency customers in order to facilitate Metropolitan Water District Program funding. No Water Authority funding is currently allocated for this Program at this time. 5.2 Issuing Metropolitan Water District and SDG&E funding through issuance of a check issued by the Water Authority and mailed directly to the Public Agency customer pursuant to Section 7. The Water Agency's responsibilities include: 5.3 Water Agency agrees to cooperate with Water Authority, Metropolitan Water District, and San Diego Gas & Electric (SDG&E) staff (if applicable) to coordinate data management activities related to Program water savings (and potential energy savings) and local water production and forecasting. This may include collecting and providing water and energy data needed to comply with the CPUC approved evaluation, monitoring and verification plan (EM&V Plan). 5.4 Water Agency agrees to collect, review, and compile information submitted by the Public Agency(s) through the "Eligible Public Sites Retrofit Costs" Summary Forms for each approved Public Agency retrofit site pursuant to Section 7.1. 5.5 Water Agency agrees to notify Water Authority in writing of the construction and recycled water service commencement dates of the Public Site(s) listed in this Agreement. The Public Agency's responsibilities include: 5.6 Public Agency is solely responsible for all design, environmental compliance, right-of- way acquisitions, permits, construction, and cost of the Project and all modifications thereof. 5.7 Public Agency shall be solely responsible for operating and maintaining the Project in accordance with all applicable local, state, and federal laws. Water Authority, Metropolitan Water District, or Water Agency shall have no rights, duties or responsibilities for operation and maintenance of the Project. Public Agency is also the sole owner of all Project facilities. Water Authority, Metropolitan Water District, or Water Agency has no ownership right, title, security interest or other interest in any Project facilities. 5.8 Public Agency shall be responsible for completing and submitting to the Water Agency the "Eligible Public Sites Retrofit Costs" Summary Form (Attachment 2) prior to initiating recycled water delivery and after the retrofit work has been completed (including applicable written cost estimates or receipts per retrofit site). The first Summary Form submitted will list the anticipated retrofit costs, and will be submitted to the Water Agency for initial review and approval of anticipated costs. The second Summary Form submitted to the Water Agency, after project completion, will list the actual project costs and expenditures. 5.9 Public Agency shall be responsible for gathering and collecting water use data at the Public Site and agrees to cooperate with Water Authority, Water Agency, Metropolitan Water District, SDG&E staff (if applicable), or other designated agency staff as warranted to determine Program water savings (and potential energy savings) associated with Program implementation and for Program evaluation purposes. Up to two years of site water use data may be requested. 5.10 Public Agency agrees to comply with Retrofit Program requirements, as amended from time to time by Metropolitan Water District's and/or the Water Authority's Board of Directors. 5.11 If applicable, Water Agency and/or Public Agency shall acknowledge the Water Authority's and Metropolitan Water District's participation in the Project through appropriate signage at each Public Agency Site. Section 6. Funding 6.1 Water Authority and Metropolitan Water District at their discretion, may discontinue the Retrofit Program within 2 weeks notice and shall not assume any liability because of the decision to discontinue the Program. 6.2 By mutual letter agreement (including an amended Exhibit A), the Water Authority and Metropolitan Water District may fund additional retrofit sites under the Public Agency's jurisdiction and may change the financial incentive amounts. 6.3 Water Authority may exclude a Public Agency Site listed in this Agreement from receiving a Retrofit Program Contribution upon occurrence of any of the following: A. Construction has not commenced within six months following execution of this Agreement or the date of Addendum for that site. B. Recycled water use at that site has not commenced by June 30, 2009. For sites receiving SDG&E funding, the completion date is May 12, 2009. 6.4 Water Authority will notify Water Agency and Public Agency in writing if a Public Site is excluded from Retrofit Program funding pursuant to Section 6.3. 6.5 Water Authority, Water Agency, or Metropolitan Water District is not responsible and does not bear any financial risk of retrofitting an approved site that was not completed by the date specified in Section 6.3. Section 7. Billing and Payments 7.1 Water Agency will receive and review the "Eligible Public Sites Retrofit Costs" Summary Form(s) (Attachment 2) submitted by the Public Agency(s) prior to initiating recycled water delivery, to ensure appropriateness of the retrofit costs submitted and if it meets Program guidelines. The Water Agency, in turn, will submit the project cost information (with applicable cost documentation and receipts) to the Water Authority for initial review and approval pursuant to Section 1.4. After project completion, a final "Eligible Public Sites Retrofit Costs" Summary Form listing the actual project costs and expenditures will be submitted to the Water Authority. 7.2 Water Authority staff, after reviewing and approving the "Eligible Public Sites Retrofit Costs" Summary Form(s) initially submitted by the Water Agency, will submit the Summary Form(s) to Metropolitan Water District staff for preliminary approval. 7.3 Within 90 days after Water Authority submits the final "Eligible Public Sites Retrofit Costs" Summary Form(s), Metropolitan Water District shall calculate the amount of Retrofit Program Contribution for each Public Site pursuant to Section 1.5 and issue a credit equal to the Retrofit Program Contribution on the next water service invoice to Water Authority. 7.4 Within 60 days after the Water Authority receives a credit for the retrofit on their next water service invoice from Metropolitan Water District or funding from SDG&E (if applicable), the Water Authority will issue a check directly to the Public Agency customer and will notify the Water Agency and the Public Agency of the issuance of the check. 7.5 Water Authority, Metropolitan Water District, Water Agency, or SDG&E staff (if applicable) may conduct site inspections prior to project construction, during project construction, and post project construction to monitor progress and to ensure the use of recycled water at any time with adequate notice (no less than three business days) to the Public Agency. Section 8. Record Keeping and Audit 8.1 Public Agency will submit all project accounting records to Water Authority. The project accounting records must clearly distinguish all Retrofit Costs from other non-related costs. 8.2 Public Agency shall establish and maintain accounting records of all Retrofit Costs for each Public Site listed in Exhibit A and future Addendums to this Agreement. Accounting for the Project shall utilize generally accepted accounting practices and be consistent with the terms of this Agreement. Water Authority, Water Agency, or Metropolitan Water District shall have the right to audit all Retrofit Costs and other data relevant to the terms of this agreement for a period of three Fiscal Years following the termination of this Agreement. Water Authority, Water Agency, or Metropolitan Water District may elect to have such audits conducted by its staffer by others, including independent accountants, as designated by Water Authority, Water Agency, or Metropolitan Water District. Public Agency shall make available for inspection to Water Authority, Water Agency, Metropolitan Water District, or their designee, upon 30 days advance notice, all records, books and other documents, including all billings and costs incurred by contractors, relating to the Retrofit Cost of each Public Site. Upon 30 days advance notice and at Water Authority, Water Agency, or Metropolitan Water District's request, Public Agency shall also allow Water Authority, Water Agency, or Metropolitan Water District's personnel or their designee to accompany Public Agency staff in inspecting Public Agency contractors' records and books for the purpose of conducting such audits of the costs. Section 9. California Environmental Quality Act 9.1 Water Agency or Public Agency is solely responsible for any such actions arising under the California Environmental Quality Act (Pub.Res.Code §21000 et seq.). Section 10. Indemnity - Hold Harmless 10.1 Water Authority, Metropolitan Water District, Water Agency and Public Agency agree that each party shall be responsible for its own actions, and the actions of its officers, employees and agents, in performing services under this Agreement. The Water Authority, Metropolitan Water District, Water Agency and Public Agency agree to defend, indemnify, and hold harmless the other Parties and their officers, employees, and agents from and against all liabilities arising out of its actions, either willful or negligent, or the actions of its officers, employees and agents in performing services pursuant to this Agreement. Such indemnity will include any losses relating to any claim made, whether or not a court action is filed, and will include attorney fees and administrative and overhead costs related to or arising out of such claim or asserted liability. 10.2 Public Agency shall include the following language in its agreement with any consultant or contractor retained by Public Agency to work on the Project: "(Consultant) agrees at its sole cost and expense to protect, indemnify, defend, and hold harmless the Water Authority, Metropolitan Water District, and Water Agency and their respective Board of Directors, officers, representatives, agents and employees from and against any and all claims and liability of any kind (including, but not limited to, any claims or liability for injury or death to any person, damage to property, natural resources or to the environment, or water quality problems) that arise out of or relate to Public Agency's approval, construction, operation, repair or ownership of the Project. Such indemnity shall include all damages and losses related to any claim made, whether or not a court action is filed, and shall include attorney's fees, administrative and overhead costs, engineering and consulting fees and all other costs related to or arising out of such claim or asserted liability". All Consultants/Contractors performing the scope of work shall name the Water Authority, Metropolitan Water District, and Water Agency (including its directors, officers, employees, and agents) as an additional insureds, and the policy shall be endorsed with use of an ISO form CG 20 10 10 93 or equivalent. (o Section 11. Laws and Venue 11.1 This Agreement shall be interpreted in accordance with the laws of the state of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court in San Diego County or Los Angeles County. Section 12. Assignment 12.1 Water Agency or Public Agency shall not assign, sublet, or transfer this Agreement or any rights or interest in this Agreement without the written consent of the Water Authority, which may be withheld for any reason. Section 13. Integration 13.1 This Agreement represents the entire understanding of the Water Authority, Water Agency, and the Public Agency as to those matters contained herein. No prior oral or written understanding should be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the Water Authority, Water Agency, and the Public Agency. Section 14: Signatures The individuals executing this Agreement 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 Agreement as of the date written above: SAN DIEGO COUNTY WATER AUTHORITY Approved as to form and legality: By: Ken Weinberg Director of Water Resources Daniel S. Hentscake General Counsel CARL UNCIPAL WATER) DISTRICT Approved as to form and legality: By: laude A. Lewis, President Ronald R. Ball, (sfeneral Counsel CITY Approved as to form and legality: Ronald R. Ball, City Attorney LAWR\Dept.Only\MGM\Retrofits\Recyc1ed Water Retrofit Carlsbad (SDG&E)_l(3).doc EXHIBIT A Approved Public Sites Listed below are approved Public Agency Sites(s) identified at the time this Agreement was executed. As set forth in Section 2.2 of the Agreement, additional approved Public Sites may be added/deleted/modified to this Exhibit by future mutual letter agreement(s). Agency City of Carlsbad City of Carlsbad Address 2997 Glasgow Drive Carlsbad, CA 92008 5815 El Camino Real Carlsbad, CA 92008 TOTAL Anticipated MWD Funding $13,000* $ 2,500 $15,500 * Additional SDG&E funding in the amount of $20,000 will also be issued to this site. ATTACHMENT 2 ADDENDUM NO. 1 TO AGREEMENT NO. 78203 PUBLIC SECTOR RECYCLED WATER RETROFIT PROGRAM Public Agency: ELIGIBLE PUBLIC SITES RETROFIT COSTS Public Site Name Public Site Address Date Started Recycled Water Contractor Costs (S) Labor Materials Public Agency Costs (S) Labor Materials Notes: 1 . Provide Public Agency Costs only if agency used its labor to perform the site retrofit instead of hiring a contractor. Labor costs for administration, permitting, inspections, and shutdowns are not eligible. 2. If reporting a combined cost for several sites, identify all sites and enter the total amount only under one of the sites. 3. Attached all supporting documents Comments: I,_, General Manager or designee of certify that the following information is verified in accordance with the guidelines provided in the Agreement by our staff who has no conflict of interest in the verification. Signature:Date: