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Home My WebLink About2011-09-19 - Executive-Administrative-Organizational Committee Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING Monday, September 19, 2011, 11:00 AM 1717 E Miraloma Ave, Placentia CA 92870 COMMITTEE STAFF Director Michael J. Beverage, Chair Ken Vecchiarelli, General Manager Director Phil Hawkins Damon Micalizzi, Public Information Officer OTHER ATTENDEES Art Kidman, General Counsel, KBT LLP Eddie Beltran, Senior Associate, KBT LLP 1. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 2. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 2.1. ACWA Region 10 Election of Officers and Board Members for 2012-2013 Term Recommendation: That the Committee consider the ACWA Region 10 candidates for election and provide direction to staff. 3. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 3.1. Legislative Affairs Status (Verbal Report) 3.2. Upcoming Board of Directors Workshop Meetings 3.3. Development Agreement Obligations (Legal Counsel Verbal Report) 3.4. Revised Professional Services Agreement with Kidman, Behrens and Tague, LLP (Verbal Report) 3.5. General Counsel's Monthly Summary Report 3.6. Status Report on Committee Specific Strategic Plan Initiatives 3.7. Future Agenda Items and Staff Tasks 4. ADJOURNMENT 4.1. The next meeting of the Executive-Administrative-Organizational Committee will be held October 18, 2011 at 4:00 p.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 2.1 AGENDA REPORT Meeting Date: September 19, 2011 Budgeted: N/A Total Budget: N/A To: Executive-Administrative- Cost Estimate: N/A Organizational Committee Funding Source: N/A From: Ken Vecchiarelli, General Account No: N/A Manager Job No: N/A Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: N/A Prepared By: Cindy Botts, Management CEQA Compliance: N/A Analyst Subject: ACWA Region 10 Election of Officers and Board Members for 2012-2013 Term SUMMARY: ACWA's ten regions were established to provide geographic balance and representation by its membership throughout the state. Region 10 encompasses both Orange and San Diego counties and its board members are elected to represent the issues, concerns and needs of this region. The District is entitled to cast one vote for each of the Region 10 positions (Chair, Vice Chair and five members of the Board). STAFF RECOMMENDATION: That the Committee consider the ACWA Region 10 candidates for election and provide direction to staff. DISCUSSION: The Region 10 Chair and Vice Chair will serve on ACWA's Board of Directors for the next two year term of office beginning January 1, 2012. Additionally, the newly elected Chair and Vice Chair will make the Region 10 committee recommendations to the ACWA President for the 2012-2013 term. Also, either the Chair or Vice Chair will hold a seat on the ACWA Finance Committee. The Region 10 ballot is attached and includes the individuals recommended by the Region 10 Nomination Committee or an option to vote for individual candidates for Chair, Vice Chair and five members of the Board. The appropriate voting delegate for our agency must complete the ballot. The Board President must then sign the ballot indicating approval. The completed ballot will need to be returned to ACWA by September 30, 2011. PRIOR RELEVANT BOARD ACTION(S): The District has participated in previous ACWA Region 10 elections. ATTACHMENTS: !blame: Description: Type: ACWA Region 10 Election.pdf Correspondence Backup Material E-mailed August 1, 2011 Subject: Ballot: Region 10 Election For the 2012-2013 Term TO: ACWA REGION 10 MEMBER AGENCY BOARD PRESIDENT AND GENERAL MANAGER It is time to elect the 2012-2013 ACWA Region 10 officers and board members who will represent and serve the members of Region 10. Attached, you will find the official ballot which includes the Region 10 Nominating Committee's recommended slate as well as individual candidates running for the Region 10 Board. Your agency is entitled to cast only one vote. Please review the attached ballot and have your agency's authorized representative cast its vote for the slate as recommended by the Region 10 Nominating Committee or cast its vote for individuals for a Region 10 chair, vice chair and three to five board members. Return the ballot to ACWA by SEPTEMBER 30, 2011* Attention: Katie Dahl, ACWA Region Coordinator Please e-mail to katied(a)acwa.com or fax to 916-561-7124 or mail to: Association of California Water Agencies 910 K Street, Suite 100 Sacramento, CA 95814 *Ballots received after September 30 will not be accepted. REMEMBER, YOUR VOTE IS IMPORTANT. Region 10 board members are elected to represent the issues, concerns and needs of your region. The Region 10 chair and vice chair will serve on ACWA's board of directors for the next two year-term of office beginning January 1, 2012. Additionally, the newly elected chair and vice chair will make the Region 10 committee appointment recommendations to the ACWA president for the 2012-2013 term. Also, either the chair or vice chair will hold a seat on the ACWA Finance Committee. If you have questions, please contact your Regional Affairs Representative, Tiffany Giammona, at tiffanyg@acwa.com or call 916-441-4545. Thank you for your careful consideration and participation in the Region 10 election process. Region 10 Board Ballot 2012-2013 TERM Association of California Region 10 Nominating Committee's Water Agencies Recommended Slate ❑ I concur with the Region 10 Nominating Committee's sV(_)( Ic iformation recommended slate below. Chair: Darrell W. Gentry, Vallecitos Water District Please return completed ballot Vice Chair: by September 30, 2011 Peer A. Swan, Irvine Ranch Water District Board Members: E-mail: katied@acwa.com Cathy Green, Orange County Water District Fax: 916-561-7124 Saundra Frances Jacobs, Santa Margarita Water District Mail: ACWA Larry McKenney, Moulton Niguel Water District 910 K Street, Suite 100 Richard L. Vasquez, Vista Irrigation District Sacramento, CA 95814 DeAna Verbeke, Helix Water District Region 10 Individual Board Candidate Nominations General Voting Instructions' ❑ I do not concur with the Region 10 Nominating Committee's recommended slate. I will vote for individual candidates 1. Please complete your agency below as indicated. information. The authorized Candidates for Chair: (Choose one) representative is determined ❑ Darrell W. Gentry, Val lecitos Water District by your agency in accordance ❑ DeAna Verbeke, Helix Water District with your agency's policies and Candidates for Vice Chair: (Choose one) procedures. ❑ Larry McKenney, Moulton Niguel Water District 2. You may either vote for ❑ Peer A. Swan, Irvine Ranch Water District the slate recommended by ❑ Joan C. Finnegan, Municipal Water District of Orange County the Region 10 Nominating Candidates for Board Members: (Max of 5 choices, 2 from Committee or vote for San Diego County and 3 from Orange County) individual region board ❑ James F. Atkinson, Mesa Consolidated Water District members. Please mark the ❑ Darrell W. Gentry, Vallecitos Water District appropriate box to indicate ❑ Cathy Green, Orange County Water District your decision. ❑ Saundra Frances Jacobs, Santa Margarita Water District ❑ Larry McKenney, Moulton Niguel Water District *Please note: DeAna Verbeke was ❑ James B. Murtland III, Rincon del Diablo Municipal Water District removed under the Vice Chair candidate ❑ Peer A. Swan, Irvine Ranch Water District on the individual write-in section due ❑ Richard L. Vaquez, Vista Irrigation District to a clerical error. San Diego County ❑ DeAna Verbeke, Helix Water District candidates are not eligible to be Vice Chair this term according to the region rules. AGENCY NAME AUTHORIZED REPRESENTATIVE SUBMIT FORM DATE MU RECEIVED NICIPAL WATER OIsTR{CT °F S~~ 1 2 20 1 ORANGE COUNTY September 8, 2011 YORBA LINDA WATER OIS7glCT Street Address: 18700 Ward Street Fountain Valley, California 92708 President Michael J. Beverage Y Mailing Address: Yorba Linda Water District P.O.Box20895 1717 East Miraloma Ave. S:~ Fountain Valley, CA 92728-0895 Placentia, CA 92870 . (714)983.3058 4~. Fax: (714) 964-9389 Dear President rage, ~ ~ ' ,mw.mwdoc.ccm am writing today to respectfully ask for your vote in electing me as Vice JoanC -Finnegan President Chair of the Association of California Water Agencies (ACWA) Region 10 JefferyM Thomas Board of Directors. I am a longtime member of ACWA who has served Vice President previously on the Region 10 board, as vice president of the AC WA Joint Brett R. Barbre Powers Insurance Authority (ACWA/JPIA), and as a member of the ACWA Director Board of Directors. I am looking to again serve on the Region 10 board and I Wayne A. Clark Director would be honored to have the support of Yorba Linda Water District. Larry D. Dick Director As Vice Chair of the ACWA Region 10 Board, I will be a strong advocate for Susan Hinman Orange and San Diego Counties and a leader who will be available to meet Director and speak with you and your district on any regional issue of interest or Ed Royce. concern. I will conduct myself with integrity, dignity, and respect at all times Director Kevin P. Hunt.P.E, and maintain a level of civility and collegiality with my fellow board General Manager members and with those who have elected us to serve them. I have had the privilege and honor of serving the water industry as an elected MEMBER AGENCIES water policy maker for more than 25 years, including the past 1 1 years on the City of Brea Municipal Water District of Orange County (MWDOC) Board and 15 years City of Buena Park before that as a board member of Coastal Municipal Water District, prior to East Orange County Water District its consolidation with MWDOC. Additionally, I have held other leadership El Toro Water District positions including past president of the Water Advisory Committee of Emerald Bay Service District Orange County (WACO), past president of the Orange County Water City of Fountain Valley Association, and appointed member to the Orange County Water Taskforce. City of Garden Grove Golden Statewaterco. I am eager to again serve your district and the entire ACWA Region 10 City of Huntington Beach Irvine Ranch Water District membership and believe that my experience, knowledge, and personal Laguna Beach County Water District commitment will allow me to do so effectively in the coming term. Again, I City of La Habra would be honored to have your support and vote in electing me Vice Chair of City of La Palma the ACWA Region 10 Board of Directors. Mesa Consolidated Water District Moulton Niguel Water District If you have any questions, please do not hesitate to contact me directly at City of Newport Beach (949) 548-3690. City of Orange Orange County Water District Sincerely, City of San Clemente City of San Juan Capistrano • Santa Margarita Water Districl ~,iLr'YHQ City of Seat Beach Serrano Water District J an C. Finnegan South Coast Water District Board President Trabuco Canyon Water District City of Tustin City of Westminster Yorba Linda Water District Mesa Consolidated Water District RECEIVED August 5, 2011 AUG 11 2011 District Missinn: Dedicated to Satis&ing Mr. Michael J. Beverage, President YORBA LINDA WATER DISTRICT our Community •s 6i`crrer.~'c-eds Yorba Linda Water District PO Box 309 Yorba Linda, CA 92885 Dear President Beverage: BOARD OF DIRECTORS FRED R. FD It is with great pleasure that the Mesa Consolidated Water District (Mesa Water) Board of President Directors presents Director James (Jim) F. Atkinson as a candidate for election to the Division I Association of California Water Agencies (ACWA) Region 10 Board for the 2012-2013 term. JAMES F. ATKINSON With his exceptional leadership experience, analytical skills, and knowledge of water-related First Vice President resident Division IV issues, Director Atkinson will provide excellent service as a member of ACWA's Region 10 SHAWN DEWANE Board. Vice President Division V JAMES FISLER An active ACWA member since 1998, Director Atkinson has served more than thirteen years on Vice President Mesa Water's Board of Directors where he is currently First Vice President, making this his Division II fourth term in that role. Furthermore, Director Atkinson was Mesa Water's Board President for TRUDY OHLIG-HALL Vice President three terms, and he has served on various Mesa Water Committees including the Executive, Division III Engineering and Operations, Finance, Human Resources, Public Information, and Audit Ad Hoc Committees. PAULE.SHOENSERGER. P.E. Director Atkinson represents Mesa Water on the Southern California Water Committee, as an General Manager ager COLEEN L. MONTELEONE Orange County Water District liaison, and at the Water Advisory Council of Orange County and District Secretary City/Districts Liaison meetings. In addition to his ACWA service, he is involved with the VICTORIA L, BEATLEY American Water Works Association (AWWA), having advocated on Mesa Water's behalf with District Treasurer legislators at several recent ACWA and AWWA conferences in Sacramento and Washington, BOWIE, ARNESON, D.C. WILES & GIANNONE Legal Counsel Additionally, Director Atkinson is active with regional agencies including UCI's Urban Water Research Advisory Board, the Leadership Tomorrow Advisory Council, and as a laboratory- P!an.i-ng consultant to The Aerospace C'Urpuj a6;jn. His experience aiso inL'iudes serving on the Colorado River Water Users Association's Public Affairs Committee, and as Vice President and Director on the Board of the Mesa Del Mar Homeowner's Association. We commend Director Atkinson's tireless efforts and outstanding accomplishments for the water industry, On behalf of the Mesa Water Board of Directors, we would appreciate your support of Director Atkinson as an ACWA Region 10 Board member in the upcoming election. Thank you for your consideration. Sincere~_ r ;JJ ~ I'll/Z fired R. Bbckmille, jr., ' president, Board of Directors, Mesa Water C. Mesa Water Board of Directors Paul E. Shoenberger, P.E., General Manager, Mesa Water 1965 Placentia Avenue a Costa Mesa, California 92627 Telephone (949) 631-1200 ♦ FAX (949) 574-1036 www.mesawater.org James F. Atkinson Candidate for ACWA Region 10 Board of Directors • Mesa Consolidated Water District (Mesa Water) Board of Directors, 1998-present Currently First Vice President (4`h term) - Served as President in 2008, 2003, 2002 - Served on Executive, Engineering & Operations, Finance, HR, Public t Information, & Audit Ad Hoc Committees • Mesa Water representative at the Southern California Water Committee, Orange County Water District, Water Advisory Council of Orange County, and a City/Districts Liaison • Legislative advocacy for Mesa Water at ACWA and AWWA conferences in Sacramento and Washington, D.C. • Active with UCI's Urban Water Research "Director Atkinson's analytical and Advisory Board, Colorado River Water User leadership skills and water knowledge Association's Public Affairs Committee make him an excellent candidate for . possesses leadership experience and an ACWA's Region 10 Board." understanding of water issues, as well as a Fred R. Bockmiller, Jr., P.E. commitment to water-industry and President, Mesa Water community service. • Served a 32-year career at The Aerospace Corporation, handling Facilities Management, Construction Management, and Business Administrative Operations. Retired as Laboratory Operations Business Manager in 2006 to pursue interest in water. • Bachelor of Science and Master of Business Administration degrees from the University of La Verne. In June 2001, completed the Leadership Tomorrow program, later serving on the Board of Directors (2002-2006), and remains active on the organization's Advisory Council. • International Conference of Building Officials (ICBO) Certified Plumbing Inspector and Certified member of ICBO. • Attended earthquake response and recovery training courses at the California Specialized Training Institute's Emergency Operations Center. /Mesa Consolidated Water District ITEM NO. 3.2 AGENDA REPORT Meeting Date: September 19, 2011 To: Executive-Administrative- Organizational Committee From: Ken Vecchiarelli, General Manager Presented By: Ken Vecchiarelli, General Dept: Board of Directors Manager Prepared By: Annie Alexander, Executive Secretary Subject: Upcoming Board of Directors Workshop Meetings DISCUSSION: The Board of Directors has requested staff to schedule workshop meetings to discuss the following topics. The dates listed for the last three workshops are tentative only. Elk Mountain Reservoir Practice Field Project October 6, 2011 6:30 p.m. Public Affairs and Legislative Advocacy November 14, 2011 8:30 a.m. IT/CMMS Implementation December 12, 2011 8:30 a.m. Financial Plan and Water Rate Alternatives January 19, 2011 8:30 a.m. Staff is seeking additional input from the Committee on the tentative dates for these workshops and to confirm the topics to be discussed. ITEM NO. 3.4 AGENDA REPORT Meeting Date: September 19, 2011 Subject: Revised Professional Services Agreement with Kidman, Behrens and Tague, LLP (Verbal Report) ATTACHMENTS: U i£ sc ion+knn: r°r: Ri<Ar 9: Fe: Draft 2011 KBT YLWD Professional Services Agreement.docx Revised Agreement Sept. 2011 Backup Material Redline to Exhibit _A from _2007_MKB_YLWD_Fee_Agreement.pdf Revised Scope of Work Exhibit A Backup Material Clean Exhibit A for 2011 KBT YLWD Fee Agreement.docx Clean Exhibit A Backup Material VENDOR CONTRACT # PROFESSIONAL SERVICES AGREEMENT BETWEEN THE YORBA LINDA WATER DISTRICT AND KIDMAN, BEHRENS & TAGUE, LLP THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into on September , 2011, by and between the YORBA LINDA WATER DISTRICT, a local public agency, created and operating under authority of Division 12 of the California Water Code ("District"), and KIDMAN, BEHRENS & TAGUE, LLP ("General Counsel") (collectively referred to herein as the "Parties"). RECITALS WHEREAS, the District desires to retain the services of a professional consultant to provide legal services ("Project"), as described in the "Scope of Work and Fee Schedule" ("Scope of Work"), attached hereto as Exhibit "A"; and WHEREAS, District requires an attorney with the requisite knowledge, skill, ability and expertise to provide necessary legal services for District, to which the specialized services of General Counsel are appropriate; and WHEREAS, General Counsel represents to District that it is fully qualified and available to perform the services for and as requested by District, and General Counsel agrees to perform such legal services in accordance with the terms and conditions set forth herein; and NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and conditions herein, the Parties agree as follows: AGREEMENT 1.0. SCOPE OF WORK. The services to be provided by General Counsel ("Work") are called out in the Scope of Work and Fee Schedule attached as Exhibit "A" and incorporated herein by reference. All such Work shall be performed in accordance with the highest professional standards and in such a prompt and continuous fashion as not to impede or delay the overall completion of the Project. 1.1. Project Manager. General Counsel acknowledges that continuous and effective communication between District, General Counsel, and other consultants (as appropriate) is necessary to the successful completion of the Project. General Counsel may also be required to furnish copies of its work product and communications to others as requested by District. General Counsel's primary contact with District shall be through District's 1 of 8 VENDOR CONTRACT # General Manager. District's primary contact with General Counsel shall be through the General Counsel's partner-in-charge Arthur G. Kidman. When requested by District, General Counsel's Representative shall attend District meetings and will undertake, as a part of its professional responsibility under this Agreement, to coordinate its activities with all appropriate individuals and consultants. 1.2. Use of Designs and Drawings. All work product of General Counsel, whether created solely by General Counsel or in cooperation with others, is prepared specifically and expressly for District and all right, title, and interest therein shall be owned by District. District shall make available to General Counsel such information, documents, graphs, studies, etc., which District possesses or has access to, which are relevant to General Counsel's Work pursuant to this Agreement. 1.3. Review. General Counsel shall furnish District with reasonable opportunities from time to time to ascertain whether the Work of General Counsel is being performed in accordance with this Agreement. All Work done and materials furnished shall be subject to final review and approval by District. District's interim review and approval of General Counsel's work product shall not relieve General Counsel of its obligations to fully perform this Agreement. 1.4. Commencement of Work. The Project start date is called out on Exhibit "A." 1.5. Time Is Of The Essence. General Counsel shall perform all Work with due diligence as time is of the essence in the performance of this Agreement. Time limits applicable for the performance of General Counsel's Work are established in Exhibit «A » 2.0 COMPENSATION. As compensation for performance of the Work specified under the Scope of Work and Fee Schedule (Exhibit "A"), District shall pay General Counsel an amount not to exceed the fees shown for "retainer services," fees shown for "nonretainer services," costs and expenses as provided therein. Payment will be made at the rates set forth in General Counsel's Fee Schedule, which is set forth in Exhibit "A." Costs or expenses not designated or identified in the Fee Schedule shall not be reimbursable unless otherwise provided in this Agreement. 2.1. Invoicing. General Counsel shall submit an invoice within ten (10) days after the end of each month during the term of this Agreement describing the Work performed for which payment is requested. District shall review and approve all invoices prior to payment. District shall pay approved invoices within thirty (30) days of receipt. General Counsel agrees to submit additional documentation to support the invoice if requested. If District does not approve an invoice, District shall send a notice to General Counsel setting forth the reason(s) the invoice was not approved. General Counsel may re-invoice District to cure the defects identified by District. The revised invoice will be treated as a new submittal. District's determinations regarding verification of General Counsel's performance, accrued reimbursable expenses, if any, and percentage of completion shall be binding and conclusive. General Counsel's time records, invoices, receipts and other documentation supporting the invoices shall be available for review by District upon 2of8 VENDOR CONTRACT # reasonable notice and shall be retained by General Counsel for three (3) years after completion of the Project. 2.2. Extra Services. Before performing any services outside the scope of this Agreement ("Extra Services"), General Counsel shall submit a written request for approval of such Extra Services and receive written approval from District. District shall have no responsibility to compensate General Counsel for any Extra Services provided by General Counsel without such prior written approval. 3.0 TERMINATION. District may terminate this Agreement at any time upon ten (10) days written notice to General Counsel. Should District exercise the right to terminate this Agreement, District shall pay General Counsel for any Work satisfactorily completed prior to the date of termination, based upon General Counsel's Fee Schedule. General Counsel may terminate this Agreement upon ten (10) days written notice to District in the event of substantial failure by District to perform in accordance with the terms hereof through no fault of General Counsel; or in the event District fails to pay General Counsel in accordance with the terms in Section 2.0; or if General Counsel's Work hereunder is suspended for a period of time greater than ninety (90) days through no fault of General Counsel. 3.1. Withholding Payment. In the event District has reasonable grounds to believe General Counsel will be materially unable to perform the Work under this Agreement, or if District becomes aware of a potential claim against General Counsel or District arising out of General Counsel's negligence, intentional act or breach of any provision of this Agreement, including a potential claim against General Counsel by District, then District may, to the fullest extent allowed by law, withhold payment of any amount payable to General Counsel that District determines is related to such inability to complete the Work, negligence, intentional act, or breach. 4.0. SAFETY. General Counsel shall conduct and maintain the Work so as to avoid injury or damage to any person or property. General Counsel shall at all times exercise all necessary safety precautions appropriate to the nature of the Work and the conditions under which the Work is to be performed, and be in compliance with all applicable federal, state and local statutory and regulatory requirements including State of California, Department of Industrial Relations (Cal/OSHA) regulations. General Counsel is responsible for the safety of all General Counsel personnel at all times during performance of its Work, including while on District property. 5.0 INDEMNIFICATION. 5.1. When the law establishes a professional standard of care for the General Counsel's services, to the fullest extent permitted by law, General Counsel will defend, indemnify and hold harmless District, its directors, officers, employees, and authorized volunteers from and against all claims and demands of all persons that arise out of, pertain to, or relate to the General Counsel's negligence, recklessness, or willful misconduct in the performance (or actual or alleged non-performance) of the Work under this agreement. General Counsel shall defend itself against any and all liabilities, claims, losses, damages, and costs arising out of or alleged to arise out of General Counsel's performance or non-performance of the Work hereunder, and shall not tender such claims 3 of 8 VENDOR CONTRACT # to District nor to its directors, officers, employees, or authorized volunteers, for defense or indemnity. 5.2. Other than in the performance of professional services, to the fullest extent permitted by law, General Counsel will defend, indemnify and hold harmless District, its directors, officers, employees and authorized volunteers from and against all claims and demands of all persons arising out the performance of the Work (including the furnishing of materials), including but not limited to claims by the General Counsel, General Counsel's employees and any subconsultants for damages to persons or property, except for damages resulting from the willful misconduct, sole negligence or active negligence of District, its directors, officers, employees, or authorized volunteers. 5.3. General Counsel shall defend, at General Counsel's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against District or any of its directors, officers, employees, or authorized volunteers, with legal counsel reasonably acceptable to District. General Counsel shall pay and satisfy any judgment, award or decree that may be rendered against District or any of its directors, officers, employees, or authorized volunteers, in any and all such aforesaid suits, actions, or other legal proceedings for which General Counsel is obligated to defend, indemnify and hold harmless District, its directors, officers, employees and authorized volunteers under this Agreement. 5.4. General Counsel shall reimburse District or its directors, officers, employees, and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. General Counsel's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by District or its directors, officers, employees, or authorized volunteers. 6.0 INSURANCE REQUIREMENTS. Prior to execution of this Agreement, and at any time thereafter on request, General Counsel shall provide executed certificates of insurance and policy endorsements acceptable to District evidencing the required coverage and limits for each insurance policy. Each insurance policy shall be primary insurance as respects District, its affiliated organizations and its and their respective officers, directors, trustees, employees, agents, General Counsels, attorneys, successors and assigns (collectively, the "Covered Parties") for all liability arising out of the activities performed by or on behalf of General Counsel. Any insurance, pool coverage, or self-insurance maintained by Covered Parties shall be excess of General Counsel's insurance and shall not contribute to it. Except for the Errors and Omissions policy (Section 6.4), all insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the Covered Parties or shall specifically allow General Counsel or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to loss. General Counsel waives its right of recovery against the Covered Parties for damages covered by insurance required by this Agreement. General Counsel shall require similar written express waivers and insurance clauses from each of its subcontractors. The insurer issuing the Workers' Compensation insurance shall amend its policy to waive all rights of subrogation against the Covered Parties. Each insurance policy shall provide, or be endorsed to provide, that coverage shall not be cancelled except after thirty (30) days prior written notice by U.S. Mail (ten (10) days for non- 4of8 VENDOR CONTRACT # payment of premium) has been given to District. Unless otherwise approved by District, each insurance provider shall be authorized to do business in California and have an A.M. Best rating (or equivalent) of not less than "A-:VII." General Counsel shall provide and maintain at all times during the performance of this Agreement the following insurance: (1) Commercial General Liability ("CGL") insurance; (2) Automobile Liability insurance; (3) Workers' Compensation and Employer's Liability insurance; and (4) Errors and Omissions ("E&O") liability insurance. 6.1. Commercial General Liability. Each CGL policy shall identify Covered Parties as additional insured, or be endorsed to identify Covered Parties as additional insured using a form acceptable to the District. Coverage for additional insured shall not be limited to vicarious liability. Defense costs must be paid in addition to limits. Each CGL policy shall have liability coverage limits of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage, and either at least (a) $2,000,000 aggregate total bodily injury, personal injury and property damage applied separately to the Project; or at least (b) $5,000,000 general aggregate limit for all operations. CGL insurance and endorsements shall be kept in force at all times during the performance of this Agreement and all coverage required herein shall be maintained after the term of this Agreement so long as such coverage is reasonably available. 6.2. Automobile Liability. Each Automobile Liability policy shall require coverage for "any auto" and shall have limits of at least $1,000,000 for bodily injury and property damage, each accident, and shall use ISO policy form "CA 00 O1," including owned, non-owned and hired autos, or the exact equivalent. If General Counsel owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the CGL policy described above. Automobile Liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement and all coverage required herein shall be maintained after the term of this Agreement so long as such coverage is reasonably available. 6.3. Workers' Compensation/Employer's Liability. General Counsel shall cover or insure the existence of coverage under the applicable laws relating to Workers' Compensation insurance, all of their employees employed directly by them or through subconsultant at all times in carrying out the Work contemplated under this Agreement, in accordance with the "Workers' Compensation and Insurance Act" of the California Labor Code and any amendatory Acts. General Counsel shall provide Employer's Liability insurance with limits of at least $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee. By General Counsel's signature hereunder, General Counsel certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that code, and that General Counsel will comply with such provisions before commencing Work under this Agreement. Upon the request of District, subconsultants must provide certificates of insurance evidencing such coverage. 6.4. Errors and Omissions. Each E&O policy shall have limits of at least $1,000,000 per claim and $1,000,000 aggregate. E&O insurance and endorsements shall be kept in 5 of 8 VENDOR CONTRACT # force at all times during the performance of this Agreement and all coverage required herein shall be maintained after the term of this Agreement so long as such coverage is reasonably available. 7.0. INDEPENDENT CONTRACTOR. The Parties agree that the relationship between District and General Counsel is that of an independent contractor and General Counsel shall not, in any way, be considered to be an employee or agent of District. General Counsel shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of District. District will not be legally or financially responsible for any damage or loss that may be sustained by General Counsel because of any act, error, or omission of General Counsel or any other consultant, nor shall General Counsel make any claim against District arising out of any such act, error, or omission. 7.1. Taxes and Benefits. General Counsel shall be solely responsible for the payment of all federal, state and local income tax, social security tax, Workers' Compensation insurance, state disability insurance, and any other taxes or insurance General Counsel, as an independent contractor, is responsible for paying under federal, state or local law. General Counsel is not eligible to receive Workers' Compensation, medical, indemnity or retirement benefits through District, including but not limited to enrollment in CalPERS. General Counsel is not eligible to receive overtime, vacation or sick pay. 7.2. Permits and Licenses. General Counsel shall procure and maintain all permits, and licenses and other government-required certification necessary for the performance of its Work, all at the sole cost of General Counsel. None of the items referenced in this section shall be reimbursable to General Counsel under the Agreement. 7.3. Methods. General Counsel shall have the sole and absolute discretion in determining the methods, details and means of performing the Work required by District. General Counsel shall furnish, at its own expense, all labor, materials, equipment, tools and transportation necessary for the successful completion of the Work to be performed under this Agreement. District shall not have any right to direct the methods, details and means of the Work; however, General Counsel must receive prior written approval from District before assigning or changing any assignment of General Counsel's project manager or key personnel and before using any subconsultants or subconsultant agreements for services or materials under this Agreement and any work authorizations. 8.0. NOTICES. Any notice may be served upon either Party by delivering it in person, or by depositing it in a U. S. Mail Deposit Box with the postage thereon fully prepaid, and addressed to the Party at the address set forth below: District: Kenneth R. Vecchiarelli, General Manager Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92885-0309 General Counsel: Arthur G. Kidman, Esq. Kidman, Behrens & Tague, LLP 650 Town Center Drive, Suite 100 Costa Mesa, California 92626-7187 6of8 VENDOR CONTRACT # Any notice given hereunder shall be deemed effective in the case of personal delivery, upon receipt thereof, or, in the case of mailing, at the moment of deposit in the course of transmission with the United States Postal Service. 9.0 ASSIGNMENT. Neither General Counsel nor District may assign or transfer this Agreement, or any part thereof, without the prior written consent of the other Party, which shall not be unreasonably withheld. 10.0 ATTORNEY'S FEES. In the event of any action arising out of, or in connection with, this Agreement, or the Work to be performed hereunder, the prevailing Party shall be entitled to have and recover, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation, its attorney's fees. 11.0. BINDING ARBITRATION. Within thirty (30) days after service of a civil action on either Party arising out of, or in connection with, this Agreement, either Party may elect to submit the action to binding arbitration before the Judicial Arbitration and Mediation Service ("JAMS"), located in Orange County. The Parties agree that upon an election to arbitrate, any civil action filed will be stayed until arbitration proceedings have concluded. Upon submission of the matter to JAMS, the submitting Party shall obtain from JAMS a list of three (3) randomly selected arbitrators and serve said list upon the other Party. In the event that there are more than two parties to the action, the number of arbitrators randomly selected and included in the list shall be increased by two for each additional party involved. Upon service of the randomly selected list of arbitrators, each party shall have twenty (20) days to eliminate two arbitrators from the list and return it to JAMS, with the selected arbitrator being the remaining name on the list. Should more than one name remain on the list, JAMS will randomly select the arbitrator from the names remaining on the list. Arbitration shall be scheduled for hearing on the merits no later than six (6) months after the date the arbitrator is selected. All parties shall be permitted to conduct discovery as provided by the current rules of the California Code of Civil Procedure. All costs of JAMS or of the arbitrator for Work shall be divided equally among the Parties, unless otherwise ordered by the arbitrator. In an arbitration to resolve a dispute under this provision, the arbitrator's award shall be supported by law and substantial evidence. 12.0 WARRANTY. General Counsel warrants that the Work to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily provided by an experienced and competent professional rendering the same or similar services. 13.0 FORCE MAJEURE. Upon written notice by the owing Party, the respective duties and obligations of the Parties hereunder (except District's obligation to pay General Counsel such sums as may become due from time to time for Work rendered by it) shall be suspended while and so long as performance thereof is prevented or impeded by strikes, disturbances, riots, fire, governmental action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the reasonable control of the Party from whom the affected performance was due. 7of8 VENDOR CONTRACT # 14.0 ENTIRE AGREEMENT. This Agreement, and the attached Exhibits, represent the entire and integrated agreement between District and General Counsel and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both District and General Counsel. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as of the day and year written above. District: Yorba Linda Water District By: Ken Vecchiarelli, General Manager General Counsel: Kidman, Behrens & Tague, LLP By: Arthur G. Kidman, Partner Attachments: Exhibit A: Scope of Work and Fee Schedule 8 of 8 Exhibit "A" SCOPE OF WORK AND FEE SCHEDULE This Scope of Work and Fee Schedule relates to services provided under the Agreement in furtherance of the attorney-client relationship between the law firm of 1`'nc~,-Kidman .&s Behrens & Tai4ue, LLP ("General Counsel") and the Yorba Linda Water District ("District"). 1. SCOPE OF WORK. A. Retainer Services: General Counsel services to the District under the retainer will include: (i) Regular Services. Preparation for, travel to and from, and attendance at one District Board of Directors meeting each month. Participation in ACWA Legislative Committee meetings and related Region 10 meetings is included in the retainer without additional charge. In addition, General Counsel will provide telephone advice and in office time concerning matters such as the Brown Act, the Public Records Act, the Political Reform Act, and the Tort Claims Act. In addition, General Counsel will (a) review and comment upon staff reports, resolutions and ordinances prepared by others for Board of Director meetings (b) review and comment upon documents proposed for District execution using standard District forms such as declarations of restrictive covenants, easements and other property conveyances, and r nst do ntr-aets : e as t (c) will provide, advice concerning routine insurance and personnel matters, and provide other customary and routine general counsel services. Provided, however, development of new forms to document transaction types not covered by existing district forms and administration/dispute resolution related to District construction contracts will be handled according to Section I.B. below. (ii) Extra Meetings. Upon request and authorization by District's Board of Directors ("Board") or General Manager, General Counsel will prepare for, travel to and from, and attend additional Pist+:iee D4eeto+-,Board meetings or other meetings. B. Non-Retainer Services: General Counsel, in addition, agrees to be available to provide other mutually agreed upon legal services on behalf of the District outside the scope of Retainer Services. r) rio„o-a (70H W TaS OFde.Re-Cj ,o47(i) Work Outside Scope of Retainer Services. When General Counsel is requested to perform, or otherwise identifies legal services needed by District which are outside the scope of services specified in Section LA, General Counsel shall :,recreate a Task Ofde - 4" the f-a -+n attae ed-separate invoicing account ("Non-Retainer Account") to account for fees related to those services. General Counsel shall provide a brief description of the nature and scope of the services to the District's Board T -5 of lettal fees +:eqai+:ed. if V+:e!4,-ni+iaf~, of +:equi+:ed be at a seepe of time and estimate legal +oos r be min a manner selected by the Board. _General Counsel shall request c`1~budget fO+: the P+:elimii=ar-y analysis 0+: inyesti -an'on.. i consult with the wor-k will be done in phases, (;iener-al Goansel shall Fequest-a Board or the Board's desig-nee concerning the reason for the 4-te- new Non-Retainer Account and, shall continue to bill the District for the services provided under the new Non-Retainer Account in accordance with the procedures in this A,reement if there is mutual ai4reement that the services are necessary and pliasesoutside the scope of Section 1.A or other previously established Non-Retainer Accounts. - for- legal se+-,,iees ander- any non r-etainer- task o+:de+: without the pni rirnczo--crrrce 'r'rew legal wo+4 is el4arc cmrncr-rcrN,iceS Ser-viees aeeeant to be billed and paid aeeor-dingly When C-jenefal aeee"r* that may prope+4y be ee-j ~d e~e~' Tor RetaiReF Ser-;Aees, al; Se"f;`"' !.&(i) hePeof,` dd;t;^" t^ t4,° ^t>,°c-i=i:ege'rr€i eats of See ameant of time and ek^,•ges for- legal wa+4 pr-€y""" billed ande- tic h., 11 at eXeeetl--Ti:t,o(1(1 The R., °crrnceqti-'reSt shall b-- f -------c° i . fese+4 N,es-Pistnet's Ge+i°h+: +id Ge,ieral , 2. COMPENSATION. A. Retainer Services. District shall pay General Counsel a total retainer fee of S2,000 per month for regular general counsel services described in Section l.A(i). When services are requested under Section 1.A(ii), District shall pay General Counsel a retainer fee of S500.00 per additional meeting. All General Counsel retainer fees are payable within thirty days of receipt of General Counsel's billing. B. Non-Retainer Services. District shall pay General Counsel for non-Retainer services described in Section 1.B according to the following fee schedule within thirty days of receipt of General Counsel's billing. Partners 5275/hr Junior Partner 5235/hr Senior Associates S200/hr Junior Associates S170/hr. Authorization for legal services not within the scope of the general counsel's services must be approved by the General Manager, as provided in Section LB, and have a project number assigned for billing purposes. Time will be charged in .10 hour increments and a reasonably detailed description of services, broken out on a daily basis, will be provided for each matter at the end of each month. Time charged will include any travel required by the District, but the District will not be charged for mileage or other travel expenses for use of personal vehicles. C. Costs and Expenses. Billings rendered by General Counsel may include, in addition to fees, reimbursement of reasonable out-of-pocket expenses incurred on behalf of the District, for out of town travel, long distance telephone, photocopies, messenger service, secretarial overtime, investigation and process service fees and similar costs customarily reimbursed by clients to their attorneys. Exhibit "A" SCOPE OF WORK AND FEE SCHEDULE This Scope of Work and Fee Schedule relates to services provided under the Agreement in furtherance of the attorney-client relationship between the law firm of Kidman, Behrens & Tague, LLP ("General Counsel") and the Yorba Linda Water District ("District"). 1. SCOPE OF WORK. A. Retainer Services: General Counsel services to the District under the retainer will include: (i) Regular Services. Preparation for, travel to and from, and attendance at one District Board of Directors meeting each month. Participation in ACWA Legislative Committee meetings and related Region 10 meetings is included in the retainer without additional charge. In addition, General Counsel will provide telephone advice and in office time concerning matters such as the Brown Act, the Public Records Act, the Political Reform Act, and the Tort Claims Act. In addition, General Counsel will (a) review and comment upon staff reports, resolutions and ordinances prepared by others for Board of Director meetings (b) review and comment upon documents proposed for District execution using standard District forms such as declarations of restrictive covenants, easements and other property conveyances, and (c) will provide, advice concerning routine insurance and personnel matters, and provide other customary and routine general counsel services. Provided, however, development of new forms to document transaction types not covered by existing district forms and administration/dispute resolution related to District construction contracts will be handled according to Section I.B. below. (ii) Extra Meetings. Upon request and authorization by District's Board of Directors ("Board") or General Manager, General Counsel will prepare for, travel to and from, and attend additional Board meetings or other meetings. B. Non-Retainer Services: General Counsel, in addition, agrees to be available to provide other mutually agreed upon legal services on behalf of the District outside the scope of Retainer Services. (i) Work Outside Scope of Retainer Services. When General Counsel is requested to perform, or otherwise identifies legal services needed by District which are outside the scope of services specified in Section 1.A, General Counsel shall create a separate invoicing account ("Non-Retainer Account") to account for fees related to those services. General Counsel shall provide a brief description of the nature and scope of the services to the District's Board at a time and in a manner selected by the Board. General Counsel shall consult with the Board or the Board's designee concerning the reason for the new Non-Retainer Account and shall continue to bill the District for the services provided under the new Non- Retainer Account in accordance with the procedures in this Agreement if there is mutual agreement that the services are necessary and outside the scope of Section 1.A or other previously established Non-Retainer Accounts. 2. COMPENSATION. A. Retainer Services. District shall pay General Counsel a total retainer fee of $2,000 per month for regular general counsel services described in Section 1.A(i). When services are requested under Section 1.A(ii), District shall pay General Counsel a retainer fee of $500.00 per additional meeting. All General Counsel retainer fees are payable within thirty days of receipt of General Counsel's billing. B. Non-Retainer Services. District shall pay General Counsel for non-Retainer services described in Section 1.B according to the following fee schedule within thirty days of receipt of General Counsel's billing. Partners $275/hr Junior Partner $235/hr Senior Associates $200/hr Junior Associates $170/hr. Authorization for legal services not within the scope of the general counsel's services must be approved by the General Manager, as provided in Section 1.B, and have a project number assigned for billing purposes. Time will be charged in 10 hour increments and a reasonably detailed description of services, broken out on a daily basis, will be provided for each matter at the end of each month. Time charged will include any travel required by the District, but the District will not be charged for mileage or other travel expenses for use of personal vehicles. C. Costs and Expenses. Billings rendered by General Counsel may include, in addition to fees, reimbursement of reasonable out-of-pocket expenses incurred on behalf of the District, for out of town travel, long distance telephone, photocopies, messenger service, secretarial overtime, investigation and process service fees and similar costs customarily reimbursed by clients to their attorneys. ITEM NO. 3.5 AGENDA REPORT Meeting Date: September 19, 2011 Subject: General Counsel's Monthly Summary Report DISCUSSION: Attached for the Committee's review are the cover letter and revised spreadsheet prepared by Legal Counsel, along with staff's summary spreadsheet of Legal Counsel's monthly billing statement. ATTACHMENTS: Name: Description: Type: Kidman Billing Chart Summary 2011-12.xlsx Kidman Behrens Billing Summary Aug 2011 Backup Material Kidman_invoice - August.pdf Kidman Behrens August Invoice Summary Backup Material YORBA LINDA WATER DISTRICT CURRENT FISCAL YEAR 2011-2012 MONTHLY SUMMARY BILLING CHART BILLING MONTH: August 2011 Matter Current Billing Total Billed to Date Total Billed 2010-2011 Name August 31, 2011 Current Fiscal Year Prior Fiscal Year GENERAL LEGAL SERVICES: CONSTRUCTION CONTRACTS $0.00 $0.00 $6,964.27 OCWD ANNEXATION $0.00 $0.00 $2,447.50 FREEWAY COMPLEX FIRE LITIGATION $15,782.00 $35,331.65 $95,686.62 NON-CONSTRUCTION AGREEMENTS $5,250.94 $9,870.54 $10,016.29 CELL TOWERS $0.00 $0.00 $3,417.50 WATER RATES/WATER CONSERVATION $0.00 $0.00 $14,746.50 EMPLOYEE DISCIPLINE APPEAL $550.00 $1,055.00 $12,428.84 RETAINER $3,500.00 $5,500.00 $25,000.00 MISCELLANEOUS ITEMS $698.68 $767.19 $1,408.24 SUBTOTAL ACTIVE GENERAL SERVICES $25,781.62 $52,524.38 $172,115.76 CAPITAL PROJECT LEGAL SERVICES: 2010-02 OCTA Lakeview 0.00 3,417.50 $22,857.53 2011-05S City Sewer System 127.50 10,034.95 $43,549.86 SUBTOTAL ACTIVE CAPITAL PROJECT SVS: $127.50 $13,452.45 $66,407.39 TOTAL LEGAL SERVICES FOR AUGUST $25,909.12 $65,976.83 $238,523.15 Kidman, Behrens & Tague LLP Summary of Monthly and FYTD Charges Month of August-11 General Services 25,781.62 Capital Project Related Servcies 127.50 Total - August $25,909.12 YTD through August-11 General Services 52,524.38 Capital Project Related Servcies 13,452.45 Total - YTD $65,976.83 KID MAN BEHRENS TAGUE LLP LAWYERS 650 Town Center Drive Suite 100 Costa Mesa CA 92626 714.755.3100 800.755.3125 714.755.3110 tax ~ kbtlaWyers.com ' September 6, 2011 Arthur G. Kidman' Mr. Ken Veechiarelli, General Manager Russell G. Behrens' YORBA LINDA WATER DSTRICT Suzanne M. Tague"t Post Office. Box 309 Yorba Linda, California 92686-0309 David D. Boyer' Daniel J. Payne* Re; Statements for Professional Services Joan J. Bennett I Matter Nos. 13577-001. 068, 084, 1010 & 102 Eddy R. Beltran Dear .Mr. Vecchiarelli: Julie A. McCloskey John R Glowacki Enclosed please find our statements for professional services rendered in connection with the above-referenced matters through August 26, 2011. The Patricia J. Quilizapa Freeway Complex Fire Litigation amount includes $5,000 for Special Counsel Laurie Ellen Park services approved by the board. The total current amount of fees and costs is h~ . Jonathan D. Salmon S25,909.12 Colin A. Wood Thank you for the opportunity to serve you. Very truly yours, 'A Professional corporation KIDM AN, BEHRENS & TAGUE, LLP tGertff4d Specialist = Probate Estate Planning a Trust Law , The State Bar of Ca dri G ARTHUR G. KIDMAN iifarnia - Board of Legai Specialization AGKlddb Enclosures K I B I T LAWYERS YORBA LINDA WATER DISTRICT CURRENT FISCAL YEAR 2011-2012 MONTHLY SUMMARY BILLING CHART FILLING MONTH. August 2011 Matter Matter Rate Current Billing Total Billed to Rate Total Billed 2010-2011 Name Number Opened August 26, 2011 Current Fiscal Year Prior Fiscal Year RETAINER AGREEMENT 001 $4,198.68 $6,267.19 $25,561.72 NON-CONSTRUCTION AGREEMENTS 084 41512665 $5,250.94 $9,874.50 $13,634.41 1. Neulogic $582.50 2. Safety Consultant $220.00 3. Konica S1,515.50 4. Vactor $1,735.00 4. NEOGOV $560.00 5. Townsend $160,00 FREEWAY COMPLEX FIRE LITIGATION 068 8/2512003 $15,782.00 $35,331.65 $95,686.62 CITY SEWER SYSTEM 100 7/28/2010 $127.50 $10,034.95 $43,549.86 OCTA LAKEVIEW 101 12/3/2010 $0.00 $3,417.50 $22,857.53 EMPLOYEE DISCIPLINE 1€32 5/31/2011 $550.00 $1,055.00 512,428.84 TOTAL $25,909.12 $49,839.10 $226,943.11 YORBA LINDA WATER DISTRICT CURRENT FISCAL 2011-2012 MONTHLY SUMMARY BILLING CHART BILLING MONTH: August 2011 Matter Matter Date Current Billing Total Billed to Date Total Billed 2010-2011 Name Number Opened, August 26, 2011 Current Fiscal Year Prior Fiscal Year CONSTRUCTION CONTRACTS 002 713112007 $0.00 $0.00 $14,754.35 OCWD ANNEXATION 040 111311994 $0.00 $0.00 $21447.50 S&S DEVELOPMENT AGREEMENTS 071 10/4/2002 $0.00 $0.00 $3,302.50 CELL TOWERS 085 712812006 $0.00 $0.00 $3,417.50 WATER RATESIWATER CONSERVATION 0187 7/3112006 $0.00 $0.00 $14,864.00 2010 DEVELOPMENT PROPOSALS 094 111912010 $0.04 $0.00 $0.00 CIELO VISTA 095 21312010 $0.00 $4.00 $0.00 ITEM NO. 3.6 AGENDA REPORT Meeting Date: September 19, 2011 Subject: Status Report on Committee Specific Strategic Plan Initiatives ATTACHMENTS: Name: cv,r i~a$icri: a ype: Strategic Plan Tracking EAO August 2011.xlsx August Intiatives Update Backup Material Strategic Plan Initiatives Status Report Executive-Administrative-Organizational Committee Strategies Start Date Completion Lead Party Aug 2011 Progress Date CP 1: Increase Brand Reco nition within the Communit Have Board of Directors and YLWD Staff Attend More Immediately Attendance at: Tour of Brea CP 1-C Local and Regional following Nov- On-going BOD/GM/PIO/ Police Dept. Headquarters, Events and Inter- 2010 election Staff OCWD's Senator Diane Feinstein l Washington Report governmental s Meetings CP 2: Increase Public Awareness of Water and Wastewater Related Issues MWDOC Turf Removal Program Provide Financial participation to be reconsidered CP 2-A Incentives and Jul-11 On-going BOD/GM/PIO by Board with YLWD Synthetic Rebates for Water Use Turf Rebate Program included Efficiency and incorporated into total rebate program Consider Participation in the California CP 2-C Urban Water Sep-11 Dec-11 GM No activity yet Conservation Council's Best Management Practices Enhance the District's CP 2-D Regional Water and On-going On-going BOD/GM/Staff Will Host MWDOC WUE meeting Wastewater Industry in October 2011 Participation WE 1: Retain a Highly Skilled and Ca able Workforce Encourage Staff Participation in 2 ACWA-JPIA Professional WE 1-F Professional On-going On-going General Manager Development Classes scheduled Organizations and at YLWD for Sept/Oct 2011 Local Civic Groups WE 3: Enhance Employee Relations Implement a Program WE 3-A to Recognize Jul- 11 Sep- 11 EPIC Committee Employee of the Month Program Employees for logistics in process Excellence WE 3-13 Conduct Quarterly All- Jul- 11 Quarterly General Manager Fall Quarter All-Hands logistics Hands Meetings in process Continue to Encourage Employee 2 ACWA-JPIA Professional WE 3-C On-going On-going General Manager Development Classes scheduled Training in Leadership at YLWD for Sept/Oct 2011 and Technology SR 2: Ex lore Service Bounda O ortunities Evaluate Feasibility of Preliminary Discussions with Providing Additional SR 2-A Water Services with Jul-11 Jun-12 General Manager contacts at CUEMF Leadership Summit 9/8 & 9/9 the Region Evaluate Feasibility of Logistics for Meeting with City of SR 2-13 Providing Additional Jul-11 Jun-12 General Manager Placentia in process. Tentative Wastewater Services for September/ October 2011 with the Region Evaluate Feasibility of Providing Other Met with City of YL City Manager SR 2-C Jul-11 Jun-12 General Manager on 8/17/11 regarding sharing Professional Services GIS services with the Region SR 1: Work Toward Service Reliability and Efficiency Continue with Efforts to Annex District CEQA NOP process complete; SR 1-A On-going On-going General Manager Service Area to Orange comment letters under review County Water District Engage with Regional Attendance at MWDOC Water Use Efficiency Meeting. SR 1-C Agencies on Water On-going On-going General Manager Volunteered to host Oct 2011 Supply Issues m eeting. City of Brea PD discussion Strengthen Existing Emergency included coordination of SR 1-D Emergency Operations On-going On-going Operations emergency response efforts; Partnerships Coordinator/GM application submitted for regional water truck FR 3: Identify and DeveloiD3 Additional Revenue Options Research and Obtain Submitted letter of interest for FR 3-A Grant Funding On-going On-going General Manager regional emergency water truck Whenever Feasible through WEROC OE 2: Address Inefficiencies Identified in the Self-Assessment Survey OE 2-A Identify Core Jul-11 Jun-12 EPIC Committee Tabled to Sept. 2011 meeting Inefficiencies OE 2-13 Develop Measurable Aug-11 Jun-12 EPIC Committee Tabled to Sept. 2011 meeting Productivity Goals Engage Employees in OE 2-C Methods of Addressing Sep-11 Jun-12 EPIC Committee Tabled to Sept. 2011 meeting Inefficiencies OE 3: Consider Utilization of a Peer Review Surve Determine the Cost OE 3-A Benefit Ratio of a Peer Jul-11 Sep-11 Management On Schedule to be Completed in Analyst September 2011 Review Survey Establish a Team to On Schedule to be Completed in OE 3-13 Determine the Focus Sep-11 Oct-11 EPIC Committee October 2011 of the Survey Institute Guidelines OE 3-C for Areas to Be Sep-11 Dec-11 EPIC Committee On Schedule to be Completed in December 2011 Addressed