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CD Regional Conservation Programs MOU (missing signatures)Memorandum of Understanding (MOU) Between Marin Municipal Water District and Local Land Use, Development, Planning and Permitting Jurisdictions Regarding Collaboration and Enforcement of Regional Conservation Programs WHEREAS, water conservation is an important regional initiative to ensure adequate water supply for current and future generations in Marin County; WHEREAS, the State of California ("State") continues to issue water conservation requirements, including that new development and retrofitted landscapes comply with water efficiency standards governed by the Model Water Efficient Landscape Ordinance ("MWELO"); WHEREAS, Marin Municipal Water District ("District") has codes and ordinances whose effectiveness benefits from coordination with local land use, planning, development and permitting jurisdictions; WHEREAS, water use efficiency is an important component of the District's water supply strategy and therefor the District has an interest in assuring full compliance with MWELO; WHEREAS, local land use planning, development and permitting jurisdictions within the District service area include City of Belvedere, Town of Corte Madera, Town of Fairfax, City of Larkspur, City of Mill Valley, Town of Ross, Town of San Anselmo, City of San Rafael, City of Sausalito, Town of Tiburon and the County of Marin ("Jurisdictions"); WHEREAS, These Jurisdictions all receive and process applications for land use permits that are potentially subject to MWELO ("Applications"); WHEREAS, the State requires all Jurisdictions to adopt, implement, and enforce the MWELO or a more stringent ordinance; WHEREAS, District has the expertise to assist Jurisdictions in complying with water conservation regulations and requirements as Jurisdictions process Applications, including inspections to ensure the implementation of MWELO; WHEREAS, State water conservation laws require Jurisdictions to annually report to the State regarding implementation and enforcement of the MWELO or a more stringent ordinance; and WHEREAS, Jurisdictions and District agree this MOU shall govern the regional collaboration for complying with State and local water conservation requirements. NOW THEREFORE, in order to ensure coordination and compliance with water conservation legislation and District codes, Jurisdictions and District mutually agree to the following: I. ROLES AND RESPONSIBILITIES A. District will: i. Conduct Backflow Protection, Graywater Compliance and Landscape Plan Review within 10-15 business days of submittal by the person or persons seeking the Applications ("Applicant"). a) District will provide an approval (or exemption) letter to the Applicant for Backflow Protection, Graywater Compliance and Landscape Plan Review. Sample letters of approval and exemption are attached hereto as Exhibit B, and incorporated herein by this reference. b) District will conduct all inspections described in Section I (A)(i) above to gather information required for MWELO reporting. c) District will inform Jurisdictions of all current District Codes applicable to MWELO reporting and compliance and will notify Jurisdictions of any future District Code revisions or Permitting Jurisdictions MOU DRAFT v5 amendments, which would impact MWELO reporting and/or water conservation legislative compliance. d) All Jurisdictions shall bear sole responsibility for reporting 2020 information by January 31, 2021 as required by Title 23, Section 495 of the California Code of Regulations. Thereafter, District will annually file, on behalf of the Jurisdictions, MWELO reporting as required pursuant to Title 23, Section 495 of the California Code of Regulations utilizing the Department of Water Resources reporting database, based on the information collected through inspections referred to the District, or as otherwise provided by the jurisdictions. However, the District shall have no obligation to report 2025 MWELO data to the State for the January 31, 2026 compliance date, unless the Jurisdiction and the District extend the term of this MOU in writing pursuant to Section V of this MOU obligating the District to complete this report. Notwithstanding the above, the District will not be responsible for gaps in reporting due to lack of information provided by the jurisdictions. B. Jurisdictions will: i. Inform Applicant of District requirements at project initiation in Jurisdictions' Planning and Building Departments and refer Applicant's project to District for review. Current District requirements are attached hereto as Exhibit A and incorporated herein by this reference. ii. Incorporate District requirements into the Planning Application Checklist and/or Building Application Checklist. iii. Maintain compliance with all applicable MWELO requirements, including referring all applicable projects to the District and providing District all requested information needed for proper MWELO reporting, but excluding the submission of the required annual MWELO reporting described in Section 1(A)(i)(d) above which is being performed by the District. iv. Prior to final inspection of a project, the Jurisdiction shall require evidence from the Applicant that the project has received approval (or is exempt from review) for Landscape Plan Review, Backflow Protection and Graywater Compliance from the District. Sample letters of approval and exemption are attached hereto as Exhibit B and incorporated herein by this reference. II. COSTS Each party to this MOU shall be solely responsible for the costs to complete its share of the work described in Section I, above, entitled "Roles and Responsibilities." III. HOLD HARMLESS AND LIABILITY The Jurisdictions and the District each agree to hold harmless, indemnify, and defend the other from and against any and all liability claims, costs, penalties, causes of action, demands, and losses of any nature whatsoever, including reasonable attorneys' fees, arising from the performance of this MOU, including but not limited to personal injury and injury to property, or any violation of any law or ordinance, or other harm caused by any negligent act, error or omission, or willful acts or omissions of the indemnifying party or its officers, employees, subcontractors, or agents acting pursuant to this MOU. This indemnification shall survive termination or expiration of this MOU. IV. DISPUTE RESOLUTION Any dispute or claim in law or equity between the District and the Jurisdictions arising out of this agreement, if not resolved by informal negotiation between the parties, shall be mediated by referring it to the nearest office of Judicial Arbitration and Mediation Services, Inc. (JAMS) for mediation. Each party shall provide the others with a list of four mediators. The parties shall confer on the list and select a mutually agreeable mediator. Mediation shall consist of an informal, non-binding conference or conferences between the parties and the judge -mediator jointly, then in separate caucuses wherein the judge will seek Permitting Jurisdictions MOU DRAFT v5 to guide the parties to a resolution of the case. If the parties cannot agree to a mutually acceptable member from the JAMS panel of retired judges, a list and resumes of available mediators with substantial experience in mediating claims of the type at issue between the parties, numbering one more than there are parties, will be sent to the parties, each of whom will strike one name leaving the remaining name as the mediator. If more than one name remains, JAMS arbitrations administrator will choose a mediator from the remaining names. The mediation process shall continue until the case is resolved or until such time as the mediator makes a finding that there is no possibility of resolution. V. TERM & TERMINATION This MOU shall terminate on December 31, 2025, unless extended by written agreement of the parties before that date. Any party may terminate participation in this MOU at any time by providing 30 -days prior written notice. Upon termination, any obligations hereunder shall terminate, except as otherwise expressly herein provided. VI. NOTIFICATION The following personal shall be the primary contact for the identified party to this MOU: Marin Water Carrie Pollard capollard@marinwater.org 415-945-1522 Town of Fairfax Ben Berto bberto@townoffairfax.org 415-458-2346 City of Belvedere Rebecca Markwick rmarkwick@cityofbelvedere.org 415-435-8931 City of Sausalito Kevin McGowan kmcgowan@sausalito.gov 415-289-4176 VII.COUNTERPART SIGNATURES Town of Ross Patrick Streeter pstreeter@townofross.org (415)453-1453 City of Larkspur Neal Toft ntoft@cityoflarkspur.org (415) 927-6713 Town of San Anselmo Erica Freeman efreeman@townofsananselmo.org (415) 258-4604 Town of Tiburon Dina Tasini dtasini@townoftiburon.org 415-435-7393 Town of Corte Madera Martha Battaglia mbattaglia@tcmmail.org 415-927-5791 City of Mill Valley Steven Ross sross@cityofmillvalley.org 415-388-4033 City of San Rafael Jim Schutz Jim.Schutz@cityofsanrafael.org 415-485-5064 County of Marin Jeremy Tejirian jtejirian@marincounty.org 415-473-3798 This MOU may be executed in counterparts, and each executed counterpart shall have the same force and effect as an original instrument and as if all of the Jurisdictions to the aggregate counterparts had signed the same instrument. VIII. ASSIGNMENT Neither the District nor the Jurisdictions may assign any portion of this MOU without the prior written authorization of the District General Manager. IX. VENUE Permitting Jurisdictions MOU DRAFT v5 This MOU and all matters relating to it shall be governed by the laws of the State of California. Any legal action brought related to this MOU shall be brought exclusively in the County of Marin. X. SECTION HEADINGS The section headings contained in this MOU are for convenience and identification only and shall not be deemed to limit or define the contents of the section to which they relate. XI. NO PRESUMPTION REGARDING DRAFTER The Parties acknowledge and agree that the terms and provisions of this MOU have been negotiated and discussed between the parties and their attorneys, and this MOU reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this MOU, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this MCU. XII. MODIFICATION This MOU shall not be modified except by prior written agreement of the Parties. XIII. EFFECTIVE DATE The effective date of this MOU shall be the date that each Jurisdiction and the District has signed this MOU. XIV. SEVERABILITY If any term, condition or covenant of this MOU, or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this MCU, or the application of such term, condition or covenant to persons or circumstances other than those as to whom which it is held invalid or unenforceable, shall not be affected thereby, and every provision of this MOU shall be valid and enforceable to the fullest extent permitted by law. XV.AUTHORITY Each individual signing this MOU represents and warrants that they are duly authorized and has legal capacity to execute and deliver this MOU, and that the MOU is a valid and legal agreement binding on each party and enforceable in accordance with its terms. MARIN MUNICIPAL WATER DISTRICT Dated: By Bennett Horenstein, General Manager CITY OF BELVEDERE Dated: By Irene Borba, Director of Planning and Building 4 Permitting Jurisdictions MOU DRAFT v5 TOWN OF CORTE MADERA Dated: By Todd Cusimano, Town Manager TOWN OF FAIRFAX Dated: By Garrett Toy, Town Manager CITY OF LARKSPUR Dated: By Dan Schwarz, City Manager CITY OF MILL VALLEY Dated: By Alan Piombo, City Manager TOWN OF ROSS Dated: By Patrick Streeter, Planning & Building Director TOWN OF SAN ANSELMO Dated: By David Donery, Town Manager 5 Permitting Jurisdictions MOU DRAFT v5 CITY OF SAN RAFAEL Dated: HAff.A IF Av7-1 By Jim Sc utz,PyKlkHa7 Dated: CITY OF SAUSALITO 0 Adam Politzer, City Manager TOWN OFTIBURON Dated: By Greg Chanis, Town Manager COUNTY OF MARIN Dated: By Matthew H. Hymel, County Administrator Permitting Jurisdictions MOU DRAFT v5 Exhibit A: District Codes The following are the District's Applicable Codes: Water Efficient Landscaping (District Code: 13.02.021(5)) Landscape Plan Review is required in the following instances: 1. New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review. 2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 1,000 square feet requiring a building or landscape permit, plan check, or design review. 3. Any project with an aggregate landscape area of less than 1,000 square feet requiring a building or landscape permit, plan check, or design review shall comply with the performance requirements of the MMWD ordinance or conform to the prescriptive measures. Backflow Prevention (District Code: 11.14.010) Backflow inspection is required in the following instances: All sites that contain an auxiliary water source. Graywater (Ordinance 429) Graywater is required in the following instances: All projects that require installation of new water service and existing structures undergoing "substantial remodel" that necessitates an enlarged water service. Interior Plumbing Fixtures (District Code: 13.02.021(3)) All plumbing installed, replaced or moved in any new or existing service shall be high -efficiency fixtures and shall meet the following minimum requirements: 1. High -Efficiency Clothes Washers: Residential or commercial clothes washers that meet the current highest water efficiency standards as defined by the District. The General Manager shall have authority to grant a variance from the requirements of this section based upon financial hardship. 2. High -Efficiency Lavatory Faucet: The maximum flow rate shall not exceed 1.0 gallons per minute (gpm) at a pressure of 60 pounds per square inch (psi) at the inlet, when water is flowing. 3. High -Efficiency Shower Head: The manufacturer shall specify a maximum flow rate equal to or less than 2.0 gallons per minute (gpm), at a pressure of 60 pounds per square inch (psi) at the inlet, when water is flowing. 4. High -Efficiency Toilet: Any WaterSense listed toilet rated at an effective flush volume of no greater than 1.28 gallons. 5. High -Efficiency Urinal: The average water consumption shall not exceed 0.25 gallons per flush (gpf)• Non -Residential Interior Plumbing Fixtures (District Code: 13.02.021(4)) All plumbing installed, moved or replaced in any new or existing service shall be high efficiency fixtures and shall meet the following minimum requirements: A. Lavatory faucets, other than public lavatory or metering faucets, shall deliver 1.0 gallons, or less of water per minute. 1. Metered Faucets. Self-closing or self-closing metering faucets shall be installed on lavatories intended to serve the transient public, such as those in, but not limited to, service stations, train stations, airports, restaurants, and convention halls. Metered faucets shall deliver no more than 0.25 gallons of water per use. Self-closing faucets shall deliver no more than 0.5 gallon per minute. Permitting Jurisdictions MOU DRAFT v5 2. Public lavatory (other than metering) faucets shall deliver 0.5 gallons, or less, of water per minute. 3. Kitchen, bar and utility/service (other than hand -washing sinks) faucets shall by default deliver 1.8 gallons per minute or less, and may be constructed to allow a temporary flow of 2.2 gallons, or less, of water per minute. Permitting Jurisdictions MOU DRAFT v5 Exhibit B: Sample Letters MARIN WATER Date Name Company Address City, State, Zip Re: Project Name, City Project #: <>; APN: <>; Service #: <> WATER CONSERVATION ORDINANCE 430 Landscape Prescriptive Compliance Option Letter Dear Name: The landscape details submitted to the District for review have passed. It is the landscape architect's or the owner's agent's responsibility to ensure that the installation complies with the Prescriptive Compliance Method Checklist. Upon completion of the project the landscape architect or agent must submit the required Certificate of Completion form and irrigation audit results to the Water Conservation Department. A final inspection will then be scheduled to verify field compliance with the ordinance. If you have questions, please call me at (415) 945-XXXX. <Signature> <Name> <Title> Cc: Ana Arena, MMWD Joseph Eischens, MMWD Nole Studley, MMWD Water Use for SV-XXXXX: N/A Maximum Flow Rate: N/A MarinWater.org i 9 Permitting Jurisdictions MOU DRAFT v5 MARIN WATER Date Name Company Address City, State, Zip Re: Project Name, City Project M <>; APN: <>; Service #: <> In Attendance: <Give names and company of persons attending including self> WATER CONSERVATION ORDINANCE 430 Landscape Inspection Compliance Letter Dear Name: On date, a site inspection was performed. The project is in compliance with the landscape portion of Ordinance 430 and the water entitlement/baseline has been established for the project. The District thanks you for your cooperation in our effort to conserve water. Sincerely, <Signature> <Name> <Title> <Phone Number> MarinWater.org 1❑ Permitting Jurisdictions MOU DRAFT v5 MARIN � WATER Date Name Company Address City, State, Zip Re: Project Name, City Project #: <>; APN: <>; Service #: <> WATER CONSERVATION ORDINANCE 430 Landscape Project Exemption Letter Dear Name: This project does not need to be in compliance with the landscape portion of Water Conservation Ordinance 430 because no irrigation system will be installed. Please contact the following individuals if you have further questions: Regarding meters and water service: Ana Arena (415-945-1531) Regarding backflow prevention devices and recycled water: Nole Studley (415- 945-1558) If you have questions, please call me at <(XXX) XXX-XXXX>. <Signature> <Name> <Title> Cc: Ana Arena, MMWD Joseph Eischens, MMWD Nole Studley, MMWD Water Use for SV-XXXXX: Exempt Maximum Flow Rate: Exempt MarinWater•41S.945. 11 Permitting Jurisdictions MOU DRAFT v5 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community Development Project Manager: Paul Jensen Extension: 415-485-5064 Contractor Name: Marin Municipal Water District Contractor's Contact: Carrie Pollard Contact's Email: capollard@marinwater.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 2/26/2021 ❑X Not applicable b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑x 2 City Attorney a. Review, revise, and comment on draft agreement 3/9/2021 ® LG and return to Project Manager 3/9/2021 ❑x LG b. Confirm insurance requirements, create Job on (n/a) PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to Click or tap ❑ contractor +o enter a date. 4 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement .►I/ N` 8 City Attorney Review and approve insurance in PINS, and bonds 3/9/ZD2—I (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized (� official 10 City Clerk Attest signatures, retains original agreement and forwards �� ' copies to Project Manager