Loading...
HomeMy WebLinkAbout2011-08-25 - Board of Directors Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, August 25, 2011, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Michael J. Beverage, President Phil Hawkins, Vice President Ric Collett Robert R. Kiley Gary T. Melton 4. ADDITIONS/DELETIONS TO THE AGENDA 5. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 6. COMMITTEE REPORTS 6.1. Citizens Advisory Committee (Beverage) Minutes of meeting held August 22, 2011 at 8:30 a.m. Meeting scheduled September 26, 2011 at 8:30 a.m. 7. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 7.1. Minutes of the Board of Directors Regular Meeting Held August 11, 2011 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,246,447.79. 7.3. Progress Payment No. 1 for Construction of the Ohio St. and Oriente Dr. Pipeline Replacement Recommendation: That the Board of Directors approve Progress Payment No. 1 in the net amount of $633,731.40 to Mamco Construction for construction of the Ohio Street and Oriente Drive Pipeline Project, Job No. 201006. 7.4. Progress Payment No. 7 for Construction of the Highland Booster Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 7 in the net amount of $119,812.50 to Pacific Hydrotech Corporation for construction of the Highland Booster Pump Station Project, Job No. 200814. 7.5. Reschedule Board and Committee Meetings Recommendation: That the Board of Directors reschedule these Board and Committee meetings as follows: . Reschedule the Board of Directors meeting on Thursday, November 24, 2011 to Wednesday, November 23, 2011 at 8:30 a.m. . Reschedule the Citizens Advisory Committee meeting on Monday, December 26, 2011 to Tuesday, December 27, 2011 at 8:30 a.m., unless the Committee decides to cancel the December meeting as they did the previous year . Reschedule the Finance-Accounting Committee meeting on Monday, December 26, 2011 to Tuesday, December 27, 2011 at 4:00 p.m. . Reschedule the Public Affairs-Communications-Technology Committee meeting on Monday, January 2, 2012 to Tuesday, January 3, 2012 at 4:00 p.m. 8. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 8.1. Professional Services Agreement with Townsend Public Affairs for September 2011 through December 2012 Recommendation: That the Board of Directors consider execution of a Professional Services Agreement with Townsend Public Affairs for legislative advocacy for the period of September 2011 through December 2012. 8.2. ACWA Committee Appointment Nominees for 2012-2013 Term Recommendation: That the Board of Directors consider nominations for various ACWA Committees for the 2012-13 Term. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report 9.2. Directors' Reports 9.3. General Manager's Report 9.4. General Counsel's Report 9.5. Future Agenda Items and Staff Tasks 10. COMMITTEE REPORTS CONTINUED 10.1. Executive-Administrative-Organizational Committee (Beverage/Hawkins) Minutes of meeting held August 15, 2011 at 12:00 p.m. Meeting scheduled September 20, 2011 at 4:00 p.m. 10.2. Finance-Accounting Committee (Collett/Kiley) • Meeting scheduled September 26, 2011 at 4:00 p.m. 10.3. Personnel-Risk Management Committee (Kiley/Beverage) • Meeting scheduled September 13, 2011 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Melton/Collett) • Meeting scheduled September 1, 2011 at 4:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Hawkins/Melton) • Meeting scheduled September 9, 2011 at 12:00 p.m. 10.6. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Hawkins) • Meeting scheduled September 27, 2011 at 4:00 p.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL City Council - August 16, 2011 (Melton) 11.2. MWDOC Board - August 17, 2011 (Melton/Staff) 11.3. OCWD Board - August 17, 2011 (Kiley/Staff) 11.4. YL Planning Commission - August 24, 2011 (Collett) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from August 26, 2011 - September 30, 2011 13. CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. 13.1. Conference with Legal Counsel - Anticipated Litigation Pursuant to Subdivision (b) of Section 54956.9 of the California Government Code Number of Potential Cases: One (Fair Political Practices Commission Letter Dated July 15, 2011) 13.2. Conference with Legal Counsel - Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Itani, et al vs. YLWD (OC Superior Court - Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (OC Superior Court - Case No. 00125994) Name of Case: State Farm General Insurance Company vs. YLWD (OC Superior Court - Case No. 00311353) Name of Case: Weiss vs. YLWD (OC Superior Court - Case No. 00319080) Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case No. 00320239) Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior Court - Case No. 00327152) Name of Case: Manista vs. YLWD, et al (OC Superior Court - Case No. 00332968) Name of Case: American Security Insurance Company, et al vs. YLWD (OC Superior Court - Case No. 00348304) Name of Case: Buc vs. YLWD (OC Superior Court - Case No. 00409755) Name of Case: Interinsurance Exchange of the Automobile Club vs. YLWD (OC Superior Court - Case No. 00425404) 14. ADJOURNMENT 14.1. The next regular meeting of the Board of Directors will be held September 8, 2011 at 8:30 a.m. Items Distributed to the Board 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 Board 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. 6.1 AGENDA REPORT Meeting Date: August 25, 2011 Subject: Citizens Advisory Committee (Beverage) Minutes of meeting held August 22, 2011 at 8:30 a.m. Meeting scheduled September 26, 2011 at 8:30 a.m. ATTACHMENTS: Name: Description: Type: 082211- CAC_Minutes.pdf CAC Mtg Minutes 08/22/11 Backup Material ITEM NO. MINUTES OF THE YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING August 22, 2011 1. CALL TO ORDER A meeting of the Citizens Advisory Committee was called to order at 8:30 a.m. by Chair, Carl Boznanski. The meeting was held at the District's Administrative Office at 1717 East Miraloma Avenue, Placentia CA 92870. COMMITTEE MEMBERS PRESENT Carl Boznanski, Chair Rick Buck Joe Holdren Cheryl Spencer-Borden, Vice Chair Oscar Bugarini Sr. Bill Guse Lindon Baker Modesto Llanos Gus Bruner Greg Myers YLWD DIRECTORS PRESENT YLWD STAFF PRESENT Michael Beverage, Director Damon Micalizzi, PI Officer VISITORS PRESENT None. 2. PUBLIC COMMENTS None. 3. ACTION CALENDAR 3.1. Frequency of Meetings The Committee decided to meet monthly, keeping with the fourth Monday of the Month schedule, with meeting dates to be altered to accommodate the Thanksgiving and Christmas Holidays in November and December. Additional meetings can be scheduled, should the Committee need to take action on time sensitive matters. 3.2. Schedule for Reorganization of Committee Officers The Committee decided to schedule Reorganization pursuant to the Calendar year and in conjunction with the Board of Directors Reorganization schedule. The Committee will reorganize again in December. 4. DISCUSSION ITEMS 4.1. Elk Mountain Reservoir Practice Field Project Update Mr. Micalizzi updated the Committee on the Proposed Elk Mountain Reservoir Practice Field Project. The Presentation that was used for the August 4t" Workshop meeting was offered to the Committee for 1 ITEM NO. background and reference. Mr. Beverage answered many of the Committee's questions regarding cost and the history behind the District's interest in such an idea. The Committee will continue to be kept abreast of happenings with this item moving forward. 4.2. 2011/12 Budget & Strategic Plan The Committee briefly discussed the 2011/12 Budget & Strategic Plan documents that were sent to them in July. Mr. Llanos expressed a desire for a more in-depth discussion of these documents. The Committee will review these documents over the next month and revisit this item at the next CAC meeting in September. 4.3. Citizens Advisory Committee Member to Present Meeting Minutes at Next Board of Directors Meeting on August 25, 2011 Ms. Spencer-Borden volunteered to present Meeting Minutes to the Board on August 25, 2011. 4.4. Future Agenda Items ■ AWWA QualServe Employee Survey Results and Executive Summary ■ Rate Structure and Financial Planning ■ Sewer Transfer Update 5. ADJOURNMENT 5.1. The Committee adjourned at 10:13 a.m. The next regular meeting of the Citizens Advisory Committee will be held September 26, 2011 at 8:30 a.m. 2 ITEM NO. 7.1 AGENDA REPORT Meeting Date: August 25, 2011 Subject: Minutes of the Board of Directors Regular Meeting Held August 11, 2011 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Narne: Description: Type: 081111 BOD - Minutes.doc BOD Mtg Minutes 08/11/11 Minutes Approved by the Board of Directors of the Yorba Linda Water District 8/25/2011 PH/RK 5-0 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING August 11, 2011 1. CALL TO ORDER The August 11, 2011 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Beverage at 8:32 a.m. The meeting was held in the Board Room at the District's Administrative Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Michael J. Beverage, President Ken Vecchiarelli, General Manager Phil Hawkins, Vice President Lee Cory, Operations Manager Ric Collett Steve Conklin, Engineering Manager Robert R. Kiley Stephen Parker, Finance Manager Gary T. Melton. Art Vega, Interim IT Manager Damon Micalizzi, Public Information Officer Nicki Hill, Engineering Secretary Annie Alexander, Executive Secretary ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Nancy Rikel, Mayor, City of Yorba Linda Jeremy Namaguchi, Mayor Pro-Tem, City of Placentia Art Kidman, General Counsel, Kidman, Behrens & Tague Eddie Beltran, Senior Associate, Kidman, Behrens & Tague 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS None. 6. CONSENT CALENDAR Director Hawkins made a motion, seconded by Director Collett, to approve the Consent Calendar. Motion carried 5-0. 6.1. Minutes of the Board of Directors Regular Meeting Held July 28, 2011 Recommendation. That the Board of Directors approve the minutes as presented. 1 6.2. Minutes of the Board of Directors Workshop Meeting Held August 4, 2011 Recommendation. That the Board of Directors approve the minutes as presented. 6.3. Payments of Bills, Refunds and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of $1,637,838.00. 6.4. Construction Contract for Wellhead Equipping of Well No. 20 Recommendation. That the Board of Directors award the Contract for Construction of Wellhead Equipping of Well No. 20 for $1,134,109 to Pascal & Ludwig Constructors. 6.5. Proposed Terms for Negotiations for Well Site Lease Recommendation. That the Board of Directors authorize staff to negotiate terms with OCWD for lease of a site for a production well on OCWD property, with any such terms and conditions subject to review and approval by the Board. 6.6. Period Ending June 2011 Unaudited Budget to Actual Statements Recommendation. That the Board of Directors receive and file the Period Ending June 2011 Unaudited Budget to Actual Statements. 6.7. Investment Report for the Period Ending June 30, 2011 Recommendation. That the Board of Directors receive and file the Investment Report for the Period Ending June 2011. 7. REPORTS, INFORMATION ITEMS, AND COMMENTS 7.1. President's Report President Beverage reminded the Board of the District's second annual Horseshoes, Hot Taps and Hotrods event to be held that afternoon. 7.2. Directors' Reports None. 7.3. General Manager's Report None. 7.4. General Counsel's Report None. 7.5. Future Agenda Items and Staff Tasks None. 2 8. COMMITTEE REPORTS 8.1. Executive-Administrative-Organizational Committee (Beverage/Hawkins) Meeting scheduled August 15, 2011 at 12:00 p.m. 8.2. Finance-Accounting Committee (Collett/Kiley) Minutes of the meeting held August 8, 2011 were provided at the meeting. Directors Collett and Kiley attended. Matters discussed during the meeting included: Auditor Discussion with Those In Governance; June 2011 Budget to Actual Results; Investment Report through June 2011; June 2011 Unaudited Debt Service Ratio; Possible Change to Regular FAC Meeting Day; and Status Report on Committee Specific Strategic Plan Initiatives. Meeting scheduled September 26, 2011 at 4:00 p.m. 8.3. Personnel-Risk Management Committee (Kiley/Beverage) Minutes of the meeting held August 9, 2011 were provided at the meeting. Directors Kiley and Beverage attended. Matters discussed during the meeting included: ACWA/JPIA General Liability Insurance Deposit Premium for October 1, 2011 through September 30, 2012 and Retrospective Allocation Point; ACWA/JPIA Workers' Compensation Program Renewal for FY 2011/12; Status of Human Resources and Risk Management Activities; Status of Recruitments and Budgeted Positions; and Status Report on Committee Specific Strategic Plan Initiatives. Meeting scheduled September 13, 2011 at 4:00 p.m. 8.4. Planning-Engineering-Operations Committee (Melton/Collett) Minutes of the meeting held August 2, 2011 were provided in the agenda packet. Directors Melton and Collett attended. Matters discussed during the meeting included: Construction Contract for Wellhead Equipping of Well No. 20; Proposed Terms for Negotiations for Well Site Lease; Monthly Preventative Maintenance Program Report; Monthly Groundwater Production and Purchased Import Water Report; Groundwater Producers Meeting Report; Status Report on Capital Projects in Progress; and Status Report on Committee Specific Strategic Plan Initiatives. Meeting scheduled September 1, 2011 at 4:00 p.m. 3 8.5. Public Affairs-Communications-Technology Committee (Hawkins/Melton) Minutes of the meeting held August 1, 2011 were provided in the agenda packet. Directors Hawkins and Melton attended. Matters discussed during the meeting included: Elk Mountain Project Update; Compensation Transparency on Website; Draft Summer Newsletter; Status of Dynamics GP Consultant; Computerized Maintenance & Management System Project Status; Video Recording of Board of Directors Meetings; and Status Report on Committee Specific Strategic Plan Initiatives. Meeting scheduled September 9, 2011 at 12:00 p.m. President Beverage requested that the Public Affairs-Communications- Technology Committee review recent purchases for telemetry equipment at its next meeting. 8.6. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Hawkins) Meeting scheduled September 27, 2011 at 4:00 p.m. 8.7. Citizens Advisory Committee (Beverage) Meeting scheduled August 22, 2011 at 8:30 a.m. 9. INTERGOVERNMENTAL MEETINGS 9.1. YL Planning Commission - July 27, 2011 (Collett) Director Collett attended and noted that there were only three items on the agenda including the approval of two conditional use permits. 9.2. YL City Council - August 2, 2011 (Hawkins) Director Hawkins attended and reported that the majority of the meeting consisted of a discussion regarding the construction of a new library facility. Item Nos. 9.4. through 9.6. were taken out of order. 9.4. OCWD Board - August 3, 2011 (Kiley/Staff) Director Kiley attended and commented on the proposed consolidation of OCWD and MWDOC which was discussed in depth during the meeting. 9.3. MWDOC/MWD Workshop - August 3, 2011 (Melton/Staff) Director Melton attended and commented on a presentation regarding reasons for decreased water sales which was provided during the meeting. 4 9.6. YL Planning Commission -August 10, 2011 (Kiley) Director Kiley attended and reported that two conditional use permits and the City's capital improvement program budget were discussed during the meeting. 9.5. WACO - August 5, 2011 (Hawkins) Director Hawkins attended and commented on a presentation regarding groundwater banking, a demographics survey conducted by the Center for Demographic Research, and an update on the Cadiz Recovery and Storage Project which were presented during the meeting. Director Barbre provided the Board with a brief historical summary of the Cadiz project. 10. BOARD OF DIRECTORS ACTIVITY CALENDAR 10.1. Meetings from August 12, 2011 - September 30, 2011 The Board reviewed the listed meetings and made no changes. Director Hawkins announced that that he would not be able to attend the Board of Directors meeting scheduled September 22, 2011. 11. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 11.1. Tour of Brea Police Department Headquarters - August 17, 2011 at 10:30 a. m. (or alternative date August 29, 2011 at 9:00 a. m.) Washington Report by Senator Feinstein - August 25, 2011 LCW Terminating the Employment Relationship Workshop - September 15, 2011 Directors Beverage, Hawkins, Kiley and Melton expressed interest in attending the Brea Police Department Tour. Mr. Vecchiarelli stated that registration for the Washington Report by Senator Feinstein had been filled to capacity and that there was a waiting list in place. Director Kiley expressed interest in attending the LCW Workshop. Director Hawkins made a motion, seconded by Director Melton, to authorize Director attendance at the above listed events with the exception of the Washington Report by Senator Feinstein. Motion carried 5-0. A brief recess was declared at 9:01 a.m. All attendees not participating in the Closed Session left the meeting at this time. The meeting reconvened at 9:08 a.m. 5 12. CLOSED SESSION CONTINUED The meeting was adjourned to Closed Session at 9:09 a.m. All Directors were present. Also present were and Messrs. Vecchiarelli, Kidman and Beltran. 12.1. Conference with Legal Counsel - Anticipated Litigation Pursuant to Subdivision (b) of Section 54956.9 of the California Government Code Number of Potential Cases: One (Fair Political Practices Commission Letter Dated July 15, 2011) 12.2. Conference with Legal Counsel - Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Itani, et al vs. YLWD (OC Superior Court - Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (OC Superior Court - Case No. 00125994) Name of Case: State Farm General Insurance Company vs. YLWD (OC Superior Court - Case No. 00311353) Name of Case: Weiss vs. YLWD (OC Superior Court - Case No. 00319080) Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case No. 00320239) s Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior Court - Case No. 00327152) Name of Case: Manista vs. YLWD, et al (OC Superior Court - Case No. 00332968) Name of Case: American Security Insurance Company, et al vs. YLWD (OC Superior Court - Case No. 00348304) Name of Case: Buc vs. YLWD (OC Superior Court - Case No. 00409755) Name of Case: Interinsurance Exchange of the Automobile Club vs. YLWD (OC Superior Court - Case No. 00425404) The Board reconvened in Open Session at 9:49 a.m. President Beverage announced that no action was taken during either Closed Session that was required to be reported under the Brown Act. 6 13. ADJOURNMENT 13.1. The meeting was adjourned at 9:50 a.m. The next regular meeting of the Board of Directors will be held August 25, 2011 at 8:30 a.m. Kenneth R. Vecchiarelli Board Secretary 7 ITEM NO. 7.2 AGENDA REPORT Meeting Date: August 25, 2011 Budgeted: Yes Total Budget: N/A To: Board of Directors Funding Source: All Funds From: Ken Vecchiarelli, General Account No: N/A Manager Job No: N/A Presented By: Stephen Parker, Finance Manager Reviewed by Legal: N/A Prepared By: Maria Trujillo, Accounting CEQA Compliance: N/A Assistant I Subject: Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $2,246,447.79. DISCUSSION: The wire and major items on this disbursement list are as follows: A wire of $891,882.90 to MWDOC for June 2011 water purchase; a check of $193,296.00 to ACWA/JPIA for Fiscal Year 2011-2012 general and auto liability premium; a check of $40,067.71 to Kidman, Behrens, & Tague, LLP for July 2011 legal services; and, a check of $119,812.50 to Pacific Hydrotech Corporation for July progress payment for the Highland Booster Pump Station upgrades. The balance of $770,770.67 is routine invoices. The Accounts Payable check register total is $2,015,829.78; Payroll No. 16 total is $230,618.01; and, the disbursements of this agenda report are $2,246,447.79. A summary of the checks is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. ATTACHMENTS: Name: Description: T ype: CkReg82511 BOD.pdf Check Register Backup Material 11-CS 825.doc Cap Sheet Backup Material Approved by the Board of Directors of the Yorba Linda Water District 8/25/2011 PH/RK 5-0 RC abstained from voting on Check No. 57228 as he has a financial interest with the vendor. Yorba Linda Water District Check Register For Checks Dated: 8/12/2011 thru 8/25/2011 Check No., Date Vendor Name Amount Description ($10k or greated 57245 08/25/2011 1-800-Conference(R) 25.04 57746 08/25/2011 1st Enterprise Bank 13,312.50 Hghld Booster upgrade retentn 57177 08/25/2011 ACWA/JPIA 193,296.00 Gen/Auto Liability preen 11-12 57178 08/25/2011 Advanced Infrastructure 874.63 57179 08/25/2011 Alternative Hose Inc. 281.90 57180 08/25/2011 Anaheim Wheel & Tire 60.00 57181 08/25/2011 Anh Huong Nguyen 117.10 57252 08/25/2011 Answer One Communications 548.97 57182 08/2512011 Apollo Technologies inc. 410.00 57183 08/25/2011 Aqua-Metric Sales Co. 7,313.56 57184 08/25/2011 Aramark 550.38 51194 018/25/2011 ARC 122.49 57185 08/25/2011 Arrow Hardware 149.21 57186 08/25/2011 AT & T Mobility 187.17 57187 08/25/2011 AWWA 97.14 57188 08/25/2011 B & M lawn and Garden Inc 6.17 57192 08/25/2011 C & L Refrigeration Corp. 686.93 57196 08/25/2011 C. Wells Pipeline 275.84 57189 08/25/2011 Chambers Group Inc. 3.733.00 57190 08/25/2011 City Of Anaheim 961.89 57253 08/25/2011 City Of Placentia 5,690-15 57191 08/25/2011 CIViI<TEC Engineering, Inc 1,842-50 57193 08125/2011 Coast Surveying, Inc. 664.00 57708 08/25/2011 Costco Online 557.46 57195 08/25/2011 Culligan 1,529.50 57197 08/25/2011 [Jan Copp Crushing Corp. 90.00 57198 08/25/2011 Dapper Tire Co. Inc. 702.39 57199 08/25/2011 Datalok Orange County 288.65 57200 08/25/2011 bell Marketing L.P. 6,748.57 57201 08/25/2011 DeltaCare USA 320.94 57202 08/25/2011 E. H. Wachs Company 521.50 57203 08/25/2011 €isel Enterprises, Inc. 1,666.04 51204 08/25/2011 Fry's Electronics 812.97 :57205 08/25/2011 Haaker Equipment Co. 1,163.33 57206 08/25/2011 Hall & Foreman, Inc 250.00 57207 08/25/2011 Home Depot Credit Services 122.54 57209 08/25/2011 Jackson's Auto Supply - Napa 448.42 57210 08/25/2011 Jeff Maxwell 230.50 57215 08/25/2011 Kidman, Behrens, & Tague, LLP 40,067.71 Legal services July 51211 08/25/2011 Konica Minolta Business 309.97 51212 08/25/2011 Lee & Ro, Inc. 8,378.00 5121:3 08/25/2011 LPR-Laser Printer Repair Co 225.06 572,14 08/25/2011 Mamco Construction 633,731.40 Ohio Pipeline repl prop pay Jul 57216 08/25/2011 Mc Fadden-bale Hardware 341.56 57217 08/25/2011 Measurement Control :Systems, Inc 71.12 57218 08/25/2011 Merchants Building Maintenance LLC 5,993.13 57219 08/25/2011 Minuteman Press 494.95 57220 08/25/2011 Municipai Water District 108.00 W81211 08/12/2011 Municipal Water District 891,882.90 June 2011 water purchase 57221 08/25/2011 MWH Americas, Inc. 27,070.00 Hghld Booster upgrade Jul svCs 57222 08/25/2011 Nickey Petroleum Co 6.08096 57773 08/25/2011 Occu Mod, [-Td. 47.00 57224 08/25/2011 Orange County - I W M D 1,715.97 57225 08/25/2011 Orange County -Tax Collector 149.50 57226 08/25/2011 Pacific Hydrotech Corporation 119,812.50 Hghld Booster upgrade prog pay 57227 08/25/2011 Pete's Road Service Inc 4.248.95 57228 08/25/2011 Placentia Disposal 6616 469.58 51229 08/25/2011 Praxair Distribution 143.28 57230 08/25/2011 Quinn Power Systems Associates 178.31 57231 08/25/7011 Raftelis Financial Consultants, Inc. 2,975.070 57232 08/25/2011 Refrigeration Supplies 288.99 57233 08/2512011 Rick WaIkemeyer 125.00 57234 078/25/2.011 5afety•Kleen Corp. 331.15 57176 08/12/2011 Southern Calif Edison Co. 5,327.54 57235 08/25/2011 Southern Calif Edison Co_ 147.31 57236 08/25/2011 Southern Calif Gas Co. 7,140.07 57239 08/25/2011 St.Joseph Heritage Healthcare 70.00 57237 08/25/2011 Staples Business Advantage 1,267.30 57238 08/25/2011 Stephen Parker/ Petty Cash 238.93 57240 08/25/2011 Sunrise Medical Group 225-00 571.75 08/12/2011 Tacos San Pedro 728.00 57241 08/25/2011 Tetra Tech, Inc, 1,411.60 57747 08/25/2011 Toxguard Fluid Technologies 1,424.47 57243 08/25/2011 Underground Service Alert 156.00 57244 08/25/2011 United Industries 449.53 57247 08/25/2011 Verizon Wireless 407-04 57748 08/25/2011 Village Nurseries 26-91 57249 08/25/2011 Wells Supply Co 4,096.03 57250 08/25/2011 Westside Building Material 770.90 57251 08/25/2011 Yorba Linda Hardware 42.78 Total $2,015,829.78 August 25, 2011 CHECK NUMBERS: Manual Checks 57175-57176 $ 6,055.54 Computer Checks 57177-57253 $ 1,117,891.34 $ 1,123, 946.88 WIRE: W-81211 MWDOC $ 891,882.90 TOTAL OF CHECKS AND WIRE $ 2,015,829.78 PAYROLL NO. 16: Computer Checks 5000- 5004 Manual Checks 5005- 5014 $ 230,618.01 DISBURSEMENT TOTAL: $ 2,246,447.79 APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF AUGUST 25, 2011 ITEM NO. 7.3 AGENDA REPORT Meeting Date: August 25, 2011 Budgeted: Yes Total Budget: $1,750,000 To: Board of Directors Cost Estimate: $1,750,000 Funding Source: Water Capital Reserves From: Ken Vecchiarelli, General Account No: 1-0010-2700 Manager Job No: J-201006 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: No Prepared By: Joe Polimino, Project Engineer CEQA Compliance: Exempt Subject: Progress Payment No. 1 for Construction of the Ohio St. and Oriente Dr. Pipeline Replacement SUMMARY: Work is proceeding on construction of the Ohio Street and Oriente Drive Pipeline Project that will include installation of approximately 4,500 feet of 16-inch diameter ductile iron pipe, 2,200 feet of 8 to 12-inch diameter PVC pipe, miscellaneous valves, hydrants and water service connections. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 1 in the net amount of $633,731.40 to Mamco Construction for construction of the Ohio Street and Oriente Drive Pipeline Project, Job No. 201006. DISCUSSION: In accordance with the contract documents, Mamco Construction submitted a request for Progress Payment No. 1, in the amount of $704,146.00 for completed work through July 31, 2011. During this period, the contractor mobilized equipment on site, received delivery of the majority of their materials, valued in excess of $490,000, whihc are currently retained at their on-site storage yard, and continued with submittals. They also potholed existing utilities, completed saw cutting on Ohio and Oriente and installed approximately 900 feet of pipeline in Ohio Street, including base paving. The status of the construction contract with Mamco Construction is as follows: . The current contract is $1,389,089.00 and 210 calendar days starting May 23, 2011. . If approved, Progress Payment No. 1 is $704,146.00 (50.7% of the total contract amount), less 10% retention of $70,414.60 for a net payment of $633,731.40. . Total payments to date including retention are $704,146.00 (50.7% of the total contract amount). . As of July 31, 2011, 70 calendar days were used (33.3% of the contract time). Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 1 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): A construction contract in the amount of $1,389,089 was awarded to the low bidder, Mamco Construction on April 14, 2011. ATTACHMENTS: Name: Description: a p pe: Progress Payment No. 1 for Ohio / Oriente Pipeline to MAMCO PPR 1.pdf Backup Material Mamco Construction Approved by the Board of Directors of the Yorba Linda Water District 8/25/2011 PH/RK 5-0 YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Ohio ! Oriente Pipeline Project PROGRESS PAY REQUEST NO. Oi~1 LOCATION Yorba Linda, CA PROJECT NO. 201006 PAGE i OF 1 PAGES CONTRACTOR Mamco Construction DATE 8111/11 ORIGINAL CONTRACT AMOUNT: $ 1,389,089.00 AUTHORIZED CHANGE ORDERS: $ - REVISED CONTRACT AMOUNT_ $ 1,389,089.04 PROGRESS PAY ESTIMATE FOR PERIOD May 23, 2011 TO July 31, 2011 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ - $ 704,146.00 $ 704,146-00 CHANGE ORDER WORK COMPLETED $ - $ - $ - TOTAL VALUE OF WORK COMPLETED $ - $ 704,146.00 $ 704,146.00 LESS RETENTION 10% Is - $ 633,731.40 $ 633,731.40 LESS OTHER DEDUCTIONS Electronic Wire Fees NET EARNED TO DATE $ 633,731.40 LESS AMOUNT PREVIOUSLY PAID $ - BALANCE DUE THIS ESTIMATE $ 633,731.40 NOTICE TO PROCEED May 23, 2011 COMPLETION TIME 210 CALENDAR DAYS APPROVED TIME EXTENSIONS U CALENDAR DAYS TOTAL CONTRACT TIME 210 CALENDAR DAYS TIME EXPENDED TO DATE 70 CALENDAR DAYS TVME REMAINING 140 CALENDAR DAYS REQUESTED BY: DATE: Rami AIA asf, Project Manager, Mamc© RECOMMENDED: z DATE: y? 1 Jae Polimino, Project Engineer, YLWD APPROVED BY: [SATE: Steve Conklin, Engineering Manager, YLWD ITEM NO. 7.4 AGENDA REPORT Meeting Date: August 25, 2011 Budgeted: Yes Total Budget: $5.5 M To: Board of Directors Cost Estimate: $5.5 M Funding Source: Water Revenue Bond From: Ken Vecchiarelli, General Account No: 101-2700 Manager Job No: J-200814 Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Joe Polimino, Project Engineer CEQA Compliance: MND Subject: Progress Payment No. 7 for Construction of the Highland Booster Pump Station Project SUMMARY: Work is proceeding on construction of the Highland Pump Station Project that will include a new building, three electric motor driven pumps, two natural gas engine driven pumps, various piping, a surge tank and a new access road. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 7 in the net amount of $119,812.50 to Pacific Hydrotech Corporation for construction of the Highland Booster Pump Station Project, Job No. 200814. DISCUSSION: In accordance with the contract documents, Pacific Hydrotech Corporation submitted a request for Progress Payment No. 7, in the amount of $133,125.00 for completed work through July 31, 2011. During this period, the rebar, formwork and concrete for the building interior floor slabs have been completed. The contractor began installation of concrete block, rebar and grout for walls of the pump station. Interior electric work also continues. The status of the construction contract with Pacific Hydrotech Corporation is as follows: . The current contract is $4,525,800.00 and 307 work days (includes Change Order No. 1 which added 21 work days) starting November 1, 2010. . If approved, Progress Payment No. 7 is $133,125.00 (2.9% of the total contract amount), less 10% retention of $13,312.50 for a net payment of $119,812.50. . If approved, total payments to date including retention will be $1,230,500.00 (27.2% of the total contract amount). . As of July 31, 2011, 187 work days were used (60.9% of the contract time). Staff is negotiating with the contractor regarding adding work days to the contract due to additional field orders, subject to Board approval. Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 7 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): A construction contract in the amount of $4,525,800 was awarded to the low bidder, Pacific Hydrotech Corporation on August 12, 2010. The Board has approved six progress payments to date for this project, the last of which was approved on July 28, 2011. ATTACHMENTS: Name: Description: Type: PHC Progress Pay 7 for Highland PS.pdf Highland Booster Pump Station Progress Pay 7 Backup Material Approved by the Board of Directors of the Yorba Linda Water District 8/25/2011 PH/RK 5-0 YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Highland Booster Station Replacement PROGRESS PAY REQUEST NO. 007 LOCATION Yorba Linda, CA PROJECT NO. 200814 PAGE 1 OF 1 PAGES CONTRACTOR Pacific Hydrotech Corporation DATE 81412011 ORIGINAL CONTRACT AMOUNT; $ 4,525,800.00 AUTHORIZED CHANGE ORDERS. $ REVISED CONTRACT AMOUNT: $ 4,525,800.00 PROGRESS PAY ESTIMATE FOR PERIOD July 1, 2011 TO July 31, 2011 PREVIOUS THIS MONTH TO DATE VALUE OF WORK COMPLETED $ 1,097,375.00 $ 133,125.00 $ 11230,500.00 CHANGE ORDER WORK COMPLETED $ $ - $ TOTAL VALUE OF WORK COMPLETED $ 1,097,375.00 $ 133,125.00 $ 1,230,500.00 LESS RETENTION 10% $ 123,050.00 LESS OTHER DEDUCTIONS Electronic Wire Fees $ - NET EARNED TO DATE $ 1,107,450.00 LESS AMOUNTPREVIOUSLY PAID $ 987,637.50 BALANCE DUE THIS ESTIMATE $ 119,812.50 NOTICE TO PROCEED November 1, 2010 COMPLETION TIME 286 WORK DAYS APPROVED TIME EXTENSIONS 21 WORK DAYS TOTAL CONTRACT TIME 307 WORK DAYS TIME EXPENDED TO DATE 187 WORK DAYS TIME REMAINING 120 WORK DAYS REQUESTED BY: ~z l DATE: 814/2011 Ron j¢ Wiebe, Protegl<~prd nator, Pacific Hydrotech Corporation ei l P1taT , RECOMMENDED: t / ny _ DATE: b -bb Joe'Polimino, Project Engineer, YLWD APPROVED BY: DATE: Steve Conklin, Engineering Manager. YLWD ITEM NO. 7.5 AGENDA REPORT Meeting Date: August 25, 2011 Budgeted: N/A Total Budget: N/A To: Board of Directors Cost Estimate: N/A 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: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: Reschedule Board and Committee Meetings SUMMARY: On November 24, 2011, the regularly scheduled Board of Directors meeting will conflict with the Thanksgiving holiday. On December 26, 2011, the regularly scheduled Citizens Advisory Committee and Finance-Accounting Committee meetings will conflict with the Christmas holiday as observed. On January 2, 2012, the regularly scheduled Public Affairs-Communications-Technology Committee meeting will conflict with the New Year's holiday as observed. STAFF RECOMMENDATION: That the Board of Directors reschedule these Board and Committee meetings as follows: . Reschedule the Board of Directors meeting on Thursday, November 24, 2011 to Wednesday, November 23, 2011 at 8:30 a.m. . Reschedule the Citizens Advisory Committee meeting on Monday, December 26, 2011 to Tuesday, December 27, 2011 at 8:30 a.m., unless the Committee decides to cancel the December meeting as they did the previous year . Reschedule the Finance-Accounting Committee meeting on Monday, December 26, 2011 to Tuesday, December 27, 2011 at 4:00 p.m. . Reschedule the Public Affairs-Communications-Technology Committee meeting on Monday, January 2, 2012 to Tuesday, January 3, 2012 at 4:00 p.m. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors routinely reschedules Board and Committee meetings that conflict with holidays, conferences or special events. Approved by the Board of Directors of the Yorba Linda Water District 8/25/2011 PH/RK 5-0 ITEM NO. 8.1 AGENDA REPORT Meeting Date: August 25, 2011 Budgeted: Yes Total Budget: $60,000 FY 2011/12 To: Board of Directors Cost Estimate: $38,000 FY 2011/12 Funding Source: Water Operating Fund From: Ken Vecchiarelli, General Account No: 1-1010-0780-00 Manager Dept: Board of Directors Reviewed by Legal: Pending Prepared By: Cindy Botts, Management CEQA Compliance: N/A Analyst Subject: Professional Services Agreement with Townsend Public Affairs for September 2011 through December 2012 SUMMARY: At the request of the Executive-Administrative-Organizational Committee, Townsend Public Affairs provided a scope of work for governmental relations and advocacy for the period of September 2011 through December 2012. STAFF RECOMMENDATION: That the Board of Directors consider execution of a Professional Services Agreement with Townsend Public Affairs for legislative advocacy for the period of September 2011 through December 2012. COMMITTEE RECOMMENDATION: That the Board of Directors execute a Professional Services Agreement with Townsend Public Affairs for legislative advocacy for the period of September 2011 through December 2012. DISCUSSION: The Scope of Work submitted by Townsend Public Affairs (TPA) details three governmental advocacy issues included as part of their advocacy services for the period of September 2011 through December 2012. These issues are: . A Board of Directors seat on the Orange County Sanitation District for YLWD . Strategic Consulting regarding a matter with the Orange County Transportation Authority regarding prior rights and utility relocation expenses . Various State Legislation that may arise Further detail on these issues are described in the attached Scope of Services. The cost for these services are as follows, with the total cost for fifteen months amounting to $68,000: . September 2011-February 2012: $3,000 per month . March 2012-December 2012: $5,000 per month The Approved Budget for FY 2011/12 included $60,000 for legislative advocacy services. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors has retained legislative advocacy services in the past and has worked with Townsend Public Affairs in similar engagements. ATTACHMENTS: Name: Description: Type: YLWD State Advocacy Scope of Work FY11-12 TPA Scope of Work 2011-12 PDF Backup Material (3).pdf Prof Services Agreement-TPA.pdf PSA Townsend Public Affairs Backup Material Revised _PSA_and_Backup Material for TPA.pdf Revised PSA and Additional Material Backup Material Approved by the Board of Directors of the Yorba Linda Water District 8/25/2011 PH/GM 3-2 RC and RK voted No. PSA was approved as revised. TonseDd PUBLIC AFFAIRS, INC. MEMORANDUM To: Yorba Linda Water District, Board of Directors From: Christopher Townsend, President Heather Stratman, Senior Director Casey Elliott, State Capitol Director Matthew Hicks, Associate Date: August 25, 2011 Subject: Government Relations & Advocacy Proposed Scope of Services for FY 2011-2012 This document is intended to serve as a proposal for advocacy and government relations services for the Yorba Linda Water District (YLWD) for the Fiscal Year 2011- 2012. The document identifies and outlines the proposed services provided by Townsend Public Affairs (TPA) for consideration by YLWD. TPA has identified a number of local and state legislative and policy issues of concern to YLWD. Those include, but are not limited to, the items listed below. Orange County Sanitation District - Board of Directors Seat Background • The Orange County Sanitation District (OCSD) is a special district established by the California State legislature and governed by a 25-member board of directors. • Under California Health and Safety Code 4730.65, legislation will be required for the Yorba Linda Water district to obtain a seat on the Board. The Yorba Linda Water District is entitled to this seat as the "public agency empowered to and engaged in the collection, transportation, treatment or disposal of sewage" for the City of Yorba Linda. Advocacy TPA proposes to provide support to YLWD, specific to the following activities: • TPA will provide strategic consulting and advocacy regarding generating local support among legislators and member agencies for granting a seat to the Yorba Linda Water District on the Board of the Orange County Sanitation District. • TPA will work with Senator Bob Huff and Assemblyman Curt Hagman, as co- authors, to refine this legislative concept and then introduce legislation. • TPA will assist in guiding the bill through Legislative Counsel, the Committee Process, and ultimately passage through the Legislature. • TPA will outreach to key stakeholders to ensure there is broad range support for this proposal, including, but not limited to, OCSD and City of Yorba Linda. • TPA will work to ensure the bill is approved by the Legislature and signed by the Governor. Orange County Transportation Authority Background • The Orange County Transportation Authority has notified the Yorba Linda Water District of its intention to conduct street repairs that would impact YLWD's water/sewer lines and operations. • Based on an existing right-of-way YLWD is not financially or legally responsible for repairs and improvements to the lines as the result of OCTA's work within the street(s). • YLWD has issued a letter to OCTA providing information on the existing right-of- way and is awaiting a response from OCTA. Advocacy: TPA proposes to provide support to YLWD, specific to the following activities: • TPA will provide strategic consulting and advocacy regarding OCTA's action subsequent to responding to YLWD's letter. • TPA will work with OCTA staff and Board Members to educate them about YLWD's specific circumstances • TPA, as needed, will engage other key stakeholders into the decision making process in support of YLWD's position. State Legislation Background • TPA will provide ongoing strategic consulting and advocacy services for the YLWD as needed, including but not limited to legislative monitoring, analysis, reporting and special legislative services such as running legislation should the District require special legislation. • TPA will consult with YLWD staff and the Board of Directors as issues and needs arise throughout the year. Budget/Cost Proposal TPA proposes the following monthly fee for services that would include the entire scope of work detailed above: • September 1, 2011 - February 29, 2012: $3,000 per month • March 1, 2012 - December 31, 2012: $5,000 per month In summary, TPA would greatly enjoy the opportunity to work with the Yorba Linda Water District. We welcome your feedback and thank you for your consideration. VENDOR CONTRACT # PROFESSIONAL SERVICES AGREEMENT BETWEEN THE YORBA LINDA WATER DISTRICT AND TOWNSEND PUBLIC AFFAIRS INC. THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into on August 25, 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 TOWNSEND PUBLIC AFFAIRS INC. ("Consultant") (collectively referred to herein as the "Parties"). RECITALS WHEREAS, District is engaging in the Project described in the Scope of Work attached as Exhibit "A"; and WHEREAS, District requires a professional consultant with the requisite knowledge, skill, ability and expertise to provide the necessary services for District during all phases of the Project to which the specialized services of Consultant are appropriate; and WHEREAS, Consultant represents to District that it is fully qualified and available to perform the services for and as requested by District; 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 Consultant ("Work") arc called out in the Scope of Work 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. I.I. Project Manager. Consultant acknowledges that continuous and effective communication between District, Consultant, and other consultants (as appropriate) is necessary to the successful completion of the Project. Consultant may also be required to furnish copies of its work product and communications to others as requested by District. Consultant's primary contact with District shall be through District's Project Manager specified on Exhibit "A." District's primary contact with Consultant shall be through the Consultant's Representative, designated on Consultant's Cost Proposal attached as Exhibit "B," and incorporated herein by reference. When requested by District, Consultant's Representative shall attend Project meetings and will undertake, as a part of 1of10 VENDOR CONTRACT # 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 Consultant, whether created solely by Consultant 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 Consultant such information, documents, graphs, studies, etc., which District possesses or has access to, which are relevant to Consultant's Work pursuant to this Agreement. 1.3. Review. Consultant shall furnish District with reasonable opportunities from time to time to ascertain whether the Work of Consultant are 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 Consultant's work product shall not relieve Consultant of its obligations to frilly 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. Consultant 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 Consultant's Work are established in Exhibit "A." 2.0 COMPENSATION. As compensation for performance of the Work specified under the Scope of Work (Exhibit "A"), District shall pay Consultant an amount not to exceed that contained in Consultant's Cost Proposal (Exhibit "B"). Payment will be made at the rates set forth in Consultant's Fee Schedule, which is attached as Exhibit "C" and incorporated herein by reference. Costs or expenses not designated or identified in the Fee Schedule shall not be reimbursable unless otherwise provided in this Agreement. 2.1. Invoicing. Consultant 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. Consultant agrees to submit additional documentation to support the invoice if requested. If District does not approve an invoice, District shall send a notice to Consultant setting forth the reason(s) the invoice was not approved. Consultant 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 Consultant's performance, accrued reimbursable expenses, if any, and percentage of completion shall be binding and conclusive. Consultant's time records, invoices, receipts and other documentation supporting the invoices shall be available for review by District upon reasonable notice and shall be retained by Consultant 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"), Consultant shall submit a written request for approval of such Extra Services and receive written approval from District. District shall have no 2of10 VENDOR CONTRACT # responsibility to compensate Consultant for any Extra Services provided by Consultant without such prior written approval. 3.0 TERMINATION. District may terminate this Agreement at any time upon ten (10) days written notice to Consultant. Should District exercise the right to terminate this Agreement, District shall pay Consultant for any Work satisfactorily completed prior to the date of termination, based upon Consultant's Fee Schedule. Consultant 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 Consultant; or in the event District fails to pay Consultant in accordance with the terms in Section 2.0; or if Consultant's Work hereunder is suspended for a period of time greater than ninety (90) days through no fault of Consultant. 3.1. Withholding Payment. In the event District has reasonable grounds to believe Consultant will be materially unable to perform the Work under this Agreement, or if District becomes aware of a potential claim against Consultant or District arising out of Consultant's negligence, intentional act or breach of any provision of this Agreement, including a potential claim against Consultant by District, then District may, to the fullest extent allowed by law, withhold payment of any amount payable to Consultant that District determines is related to such inability to complete the Work, negligence, intentional act, or breach. 4.0. SAFETY. Consultant shall conduct and maintain the Work so as to avoid injury or damage to any person or property. Consultant 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. Consultant is responsible for the safety of all Consultant 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 Consultant's services, to the fullest extent perinitted by law, Consultant 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 Consultant's negligence, recklessness, or willful misconduct in the performance (or actual or alleged non-performance) of the Work under this agreement. Consultant shall defend itself against any and all liabilities, claims, losses, damages, and costs arising out of or alleged to arise out of Consultant's performance or non-performance of the Work hereunder, and shall not tender such claims to District nor to its directors, officers, employees, or authorized volunteers, for defense or indemnity. 3of10 VENDOR CONTRACT # 5.2. Other than in the performance of professional services, to the fullest extent permitted by law, Consultant 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 Consultant, Consultant's employees and any sub-consultants for damages to persons or property, except for damages resulting from the willful misconduct or active negligence of District, its directors, officers, employees, or authorized volunteers. 5.3. Consultant shall defend, at Consultant'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. Consultant 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 Consultant is obligated to defend, indemnify and hold harmless District, its directors, officers, employees and authorized volunteers under this Agreement. 5.4. Consultant 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. Consultant'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, Consultant 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, consultants, attorneys, successors and assigns (collectively, the "Covered Parties") for all liability arising out of the activities performed by or on behalf of Consultant. Any insurance, pool coverage, or self-insurance maintained by Covered Parties shall be excess of Consultant's insurance and shall not contribute to it. Each insurance policy shall provide, or be endorsed to provide, a waiver of rights of subrogation against 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-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 "AXII." Consultant 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 (`B&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 4of10 VENDOR CONTRACT # using ISO policy form "CG 00 01" with an edition date prior to 2004, or the exact equivalent. 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 51,000,000 per occurrence for bodily injury, personal injury and property damage, and either at least (a) 52,000,000 aggregate total bodily injury, personal injury and property damage applied separately to the Project; or at least (b) S5,000,000 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 terin 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 51,000,000 for bodily injury and property damage, each accident, and shall use ISO policy form "CA 00 Ol," including owned, non-owned and hired autos, or the exact equivalent. If Consultant 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. Consultant shall cover or insure the existence of coverage tinder the applicable laws relating to Workers' Compensation insurance, all of their employees employed directly by them or through subconsultants 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. Consultant shall provide Employer's Liability insurance with limits of at least S1,000,000 each accident, S1,000,000 disease policy limit, and S 1,000,000 disease each employee. By Consultant's signature hereunder, Consultant 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 Consultant 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 S 1,000,000 per claim and S1,000,000 aggregate. Architects' and Engineers' coverage is to be endorsed to include contractual liability. E&O 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. 7.0. INDEPENDENT CONTRACTOR. The Parties agree that the relationship between District and Consultant is that of an independent contractor and Consultant shall not, in any way, 5of10 VENDOR CONTRACT # be considered to be an employee or agent of District. Consultant 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 Consultant because of any act, error, or omission of Consultant or any other consultant, nor shall Consultant make any claim against District arising out of any such act, error, or omission. 7.1. Taxes and Benefits. Consultant 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 Consultant, as an independent contractor, is responsible for paying under federal, state or local law. Consultant is not eligible to receive Workers' Compensation, medical, indemnity or retirement benefits through District, including but not limited to enrollment in CalPERS. Consultant is not eligible to receive overtime, vacation or sick pay. 7.2. Permits and Licenses. Consultant 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 Consultant. None of the items referenced in this section shall be reimbursable to Consultant under the Agreement. 7.3. Methods. Consultant shall have the sole and absolute discretion in determining the methods, details and means of performing the Work required by District. Consultant 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, Consultant must receive prior written approval from District before assigning or changing any assignment of Consultant'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: Board President Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92885-0309 Consultant: As designated in Exhibit "B." Christopher Townsend, President Townsend Public Affairs 2699 White Road, Suite 251 Irvine, CA 92614 6of10 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 Consultant 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. Consultant 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 Consultant 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. 14.0 ENTIRE AGREEMENT. This Agreement, and the attached Exhibits, represent the entire and integrated agreement between District and Consultant and supersedes all prior 7of10 VENDOR CONTRACT # negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both District and Consultant. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as of the day and year written above. District: Consultant: Yorba Linda Water District TOWNSEND PUBLIC AFFAIRS INC. By: By: Michael J. Beverage, President Christopher Townsend, President APPROVED TO AS FROM: McCormick Kidman and Behrens, LLP By: Arthur G. Kidman, General Counsel Attachments: Exhibit A: Scope of Work Exhibit B: Cost Proposal for Work Exhibit C: Fee Schedule 8of10 VENDOR CONTRACT # Exhibit "A" SCOPE OF WORK (A) Townsend Public Affairs, (TPA) will provide strategic consulting and advocacy regarding generating local support among legislators and member agencies for various District Initiatives and will engage other key stakeholders into the decision making process in support of YLWD's positions. TPA will provide ongoing strategic consulting and advocacy services for the YLWD as needed, including but not limited to legislative monitoring, analysis, reporting and special legislative services such as running legislation should the District require special legislation. TPA will consult with YLWD staff and the Board of Directors as issues and needs arise throughout the year. 9of10 VENDOR CONTRACT # Exhibit "B" FEE SCHEDULE TPA proposes the following monthly fee for services that would include the entire scope of work detailed above in Exhibit "A": • September 1, 2011 February 29, 2012: 53,000 per month • March 1, 2012 - December 31, 2012: 55,000 per month 10 of 10 VENDOR CONTRACT # PROFESSIONAL SERVICES AGREEMENT BETWEEN THE YORBA LINDA WATER DISTRICT AND TOWNSEND PUBLIC AFFAIRS INC. THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into on August 25, 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 TOWNSEND PUBLIC AFFAIRS INC. ("Consultant") (collectively referred to herein as the "Parties"). RECITALS WHEREAS, District is engaging in the Project described in the Scope of Work attached as Exhibit "A"; and WHEREAS, District requires a professional consultant with the requisite knowledge, skill, ability and expertise to provide the necessary services for District during all phases of the Project to which the specialized services of Consultant are appropriate; and WHEREAS, Consultant represents to District that it is fully qualified and available to perform the services for and as requested by District; 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 WORD. The services to be provided by Consultant ("Work") are called out in the Scope of Work 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. Consultant acknowledges that continuous and effective communication between District, Consultant, and other consultants (as appropriate) is necessary to the successful completion of the Project. Consultant may also be required to furnish copies of its work product and communications to others as requested by District. Consultant's primary contact with District shall be as specified on Exhibit "A." District's primary contact with Consultant shall be through the Consultant's Representative, Christopher Townsend. When requested by District, Consultant's Representative shall attend Project meetings and will undertake, as a part of its professional responsibility 1 of 10 VENDOR CONTRACT # under this Agreement, to coordinate its activities with all appropriate individuals and consultants. 1.2. Use of Designs and Drawings. All work product of Consultant, whether created solely by Consultant 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 Consultant such information, documents, graphs, studies, etc., which District possesses or has access to, which are relevant to Consultant's Work pursuant to this Agreement. 1.3. Review. Consultant shall furnish District with reasonable opportunities from time to time to ascertain whether the Work of Consultant are 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 Consultant's work product shall not relieve Consultant 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. Consultant 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 Consultant's Work are established in Exhibit "A." 2.0 COMPENSATION. As compensation for performance of the Work specified under the Scope of Work (Exhibit "A"), District shall pay Consultant at the rates set forth in the Fee Schedule attached as Exhibit "B" and incorporated herein by reference. Costs or expenses not designated or identified in the Fee Schedule shall not be reimbursable unless otherwise provided in this Agreement. 2.1. Invoicing. Consultant 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. Consultant agrees to submit additional documentation to support the invoice if requested. If District does not approve an invoice, District shall send a notice to Consultant setting forth the reason(s) the invoice was not approved. Consultant 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 Consultant's performance, accrued reimbursable expenses, if any, and percentage of completion shall be binding and conclusive. Consultant's time records, invoices, receipts and other documentation supporting the invoices shall be available for review by District upon reasonable notice and shall be retained by Consultant 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"), Consultant shall submit a written request for approval of such Extra Services and receive written approval from District. District shall have no 2of10 VENDOR CONTRACT # responsibility to compensate Consultant for any Extra Services provided by Consultant without such prior written approval. 3.0 TERMINATION. District may terminate this Agreement at any time upon ten (10) days written notice to Consultant. Termination shall be effective upon the tenth (10th) day following notice. Should District so terminate this Agreement, District shall pay Consultant through the effective date of termination for Work satisfactorily completed by Consultant, on a pro rata basis. Consultant 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 Consultant; or in the event District fails to pay Consultant in accordance with the terms in Section 2.0; or if Consultant's Work hereunder is suspended for a period of time greater than ninety (90) days through no fault of Consultant. 3.1. Withholding Payment. In the event District has reasonable grounds to believe Consultant will be materially unable to perform the Work under this Agreement, or if District becomes aware of a potential claim against Consultant or District arising out of Consultant's negligence, intentional act or breach of any provision of this Agreement, including a potential claim against Consultant by District, then District may, to the fullest extent allowed by law, withhold payment of any amount payable to Consultant that District determines is related to such inability to complete the Work, negligence, intentional act, or breach. 4.0. SAFETY. Consultant shall conduct and maintain the Work so as to avoid injury or damage to any person or property. Consultant 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. Consultant is responsible for the safety of all Consultant 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 Consultant's services, to the fullest extent permitted by law, Consultant 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 Consultant's negligence, recklessness, or willful misconduct in the performance (or actual or alleged non-performance) of the Work under this agreement. Consultant shall defend itself against any and all liabilities, claims, losses, damages, and costs arising out of or alleged to arise out of Consultant's performance or non-performance of the Work hereunder, and shall not tender such claims to District nor to its directors, officers, employees, or authorized volunteers, for defense or indemnity. 3of10 VENDOR CONTRACT # 5.2. Other than in the performance of professional services, to the fullest extent permitted by law, Consultant 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 Consultant, Consultant's employees and any sub-consultants for damages to persons or property, except for damages resulting from the willful misconduct or active negligence of District, its directors, officers, employees, or authorized volunteers. 5.3. Consultant shall defend, at Consultant'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. Consultant 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 Consultant is obligated to defend, indemnify and hold harmless District, its directors, officers, employees and authorized volunteers under this Agreement. 5.4. Consultant 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. Consultant'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, Consultant 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, consultants, attorneys, successors and assigns (collectively, the "Covered Parties") for all liability arising out of the activities performed by or on behalf of Consultant. Any insurance, pool coverage, or self-insurance maintained by Covered Parties shall be excess of Consultant's insurance and shall not contribute to it. Each insurance policy shall provide, or be endorsed to provide, a waiver of rights of subrogation against 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-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." Consultant 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 4of10 VENDOR CONTRACT # using ISO policy form "CG 00 01" with an edition date prior to 2004, or the exact equivalent. 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 Ol," including owned, non-owned and hired autos, or the exact equivalent. If Consultant 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. Consultant 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 subconsultants 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. Consultant 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 Consultant's signature hereunder, Consultant 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 Consultant 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. Architects' and Engineers' coverage is to be endorsed to include contractual liability. E&O 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. 7.0. INDEPENDENT CONTRACTOR. The Parties agree that the relationship between District and Consultant is that of an independent contractor and Consultant shall not, in any way, 5of10 VENDOR CONTRACT # be considered to be an employee or agent of District. Consultant 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 Consultant because of any act, error, or omission of Consultant or any other consultant, nor shall Consultant make any claim against District arising out of any such act, error, or omission. 7.1. Taxes and Benefits. Consultant 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 Consultant, as an independent contractor, is responsible for paying under federal, state or local law. Consultant is not eligible to receive Workers' Compensation, medical, indemnity or retirement benefits through District, including but not limited to enrollment in CalPERS. Consultant is not eligible to receive overtime, vacation or sick pay. 7.2. Permits and Licenses. Consultant 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 Consultant. None of the items referenced in this section shall be reimbursable to Consultant under the Agreement. 7.3. Methods. Consultant shall have the sole and absolute discretion in determining the methods, details and means of performing the Work required by District. Consultant 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, Consultant must receive prior written approval from District before assigning or changing any assignment of Consultant'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: Attn: Board President Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92885-0309 Consultant: Christopher Townsend, President Townsend Public Affairs 2699 White Road, Suite 251 Irvine, CA 92614 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. 6of10 VENDOR CONTRACT # 9.0 ASSIGNMENT. Neither Consultant 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. Consultant 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 Consultant 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. 14.0 ENTIRE AGREEMENT. This Agreement, and the attached Exhibits, represent the entire and integrated agreement between District and Consultant 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. Consultant. 7of10 VENDOR CONTRACT # IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as of the day and year written above. District: Consultant: Yorba Linda Water District TOWNSEND PUBLIC AFFAIRS INC. By: By: Michael J. Beverage, President Christopher Townsend, President APPROVED TO AS FROM: Kidman, Behrens & Teague LLP By: Arthur G. Kidman, General Counsel Attachments: Exhibit A: Scope of Work Exhibit B: Fee Schedule 8of10 VENDOR CONTRACT# Exhibit "A" SCOPE OF WORK (A) Townsend Public Affairs, (TPA) will provide strategic consulting and advocacy regarding generating local support among legislators and member agencies for various District Initiatives and will engage other key stakeholders into the decision making process in support of YLWD's positions. TPA will provide ongoing strategic consulting and advocacy services for the YLWD as needed, including but not limited to legislative monitoring, analysis, reporting and special legislative services such as running legislation should the District require special legislation. TPA will consult with YLWD staff and the Board of Directors as issues and needs arise throughout the year. 9of10 VENDOR CONTRACT # Exhibit "B" FEESCHEDULE TPA proposes the following monthly fee for services that would include the entire scope of work detailed above in Exhibit "A": • September 1, 2011 -February 29, 2012: $3,000 per month • March 1, 2012 December 31, 2012: $5,000 per month 10 of 10 TomseDd PUBLIC AFFAIRS, INC.. OVERVIEW OF TOWNSEND PUBLIC AFFAIRS, INC. Townsend Public Affairs, Inc. (TPA), founded in 1998 by Christopher Townsend, is now one of the largest advocacy firms in California. TPA is the only "top ten" firm dedicated primarily to working on behalf of local public agencies and nonprofit organizations to effectively position their issues with federal, state and local governments and to secure government funding for priority projects and programs. TPA is a hard-working team of energetic advocates strategically located in offices in Sacramento, Washington D.C., Southern California (Irvine) and Northern California (Oakland). We have honed our advocacy skills and built relationships at every level of government to enable us to provide a broad range of services including: • Funding Advocacy: Nothing speaks to results better than money, and TPA has secured over $797 million for clients to transform their legacy projects from dreams into reality. TPA has pursued a variety of strategies including appropriation earmarks, competitive grants, regulatory guidelines amendments, and new legislation in order to create and secure funding for various diverse client projects including, but not limited to: transportation, water, and other infrastructure systems; housing and economic development projects; public safety and job training programs; educational, recreational, cultural and community facilities. • Federal Government Advocacy: TPA maintains a full-time office in Washington, D.C. to directly manage our federal government advocacy efforts regarding the major policy and funding legislation and regulation that affects our clients. TPA leverages our extensive network of relationships with the California congressional and senatorial delegations to maximize every federal opportunity for each client. • State Government Advocacy: As one of the,, leading California advocacy firms, TPA has consistently demonstrated the skill and experience required to help our clients navigate through the complex processes of state legislation and administration. This includes the strategies and activities required to monitor, amend, kill, and adopt legislation and regulations, as well as to secure state funding for client projects- • Local Government Advocacy: As a result of our extensive public agency client work in Southern California and Northern California, as well as in the Central Valley, TPA is well- positioned with a vast network of relationships throughout the state to assist with the local and regional public sector advocacy needs of our clients. For further insight into our firm, please review the following sections regarding our Client Service Team, Client Funding Achievements, Legislative Accomplishments, Client Roster, and Client References. If you would like to learn more about what we can offer your organization, please contact us at the offices below or find us on the web at www.townsendpa.com. State Capitol Office • 1121 L Street, Suite 607 • Sacramento, California 95814 • Phone (916) 447-4086 - Fax (916) 444-2063 Federal Office • 600 Pennsylvania Avenue, SE, Suite 207 • Washington, DC • Phone (202) 546-8696 • Fax (202) 546-4555 Northern California Office • 436 10 Street, Suite 723 • Oakland, California 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 Southern California office 2699 White Road, Suite 251 • Irvine, California 92614 - Phone (949) 399-9050.• Fax (949) 476-8215 Client Service Team Christopher Townsend, President, brings a 30 year career in public affairs and legislative gzw advocacy featuring a multi-partisan strategic approach that leverages his extensive experience 71 and track record of success along with a vast network of relationships with key members and staffers of the California legislative, constitutional, congressional, and senatorial delegations. Catherine Townsend, Senior Advisor, offers strong leadership and coalition building skills in addition to her public agency and non-profit fundraising and marketing expertise. Based in { Washington, DC for over 25 years, Catherine leverages a strong set of relationships with several Senators and Members of Congress as well as with committees and agencies to provide strategic development and implementation of federal advocacy agendas for our clients. Dana DeBeaumont, Director of Federal Affairs, brings her expertise in media, public relations and government advocacy to TPA. Dana is an expert on federal funding opportunities and finding creative solutions to client resource needs. Dana has working relationships with many Members of Congress and committee staff, and has secured millions in federal appropriations funding. Heather Stratman, Senior Director, brings expertise in city infrastructure and water issues. t Heather maintains strong relationships with various state, regional and local agencies, that help J, advance the funding and policy needs of our clients. Niccolo De Luca, Director, brings his expertise from working for the City of Oakland, in governmental policy, and maintains a vast relationship network on behalf of TPA. Niccolo is an expert on local government, public safety, and park related legislation, and specializes in grant programs for park, recreation, and community facilities. Casey Elliott, State Capitol Director, developments and manages relationships with key members and staffers of the state legislature, as well as select state agencies and departments. Casey's expertise is in the areas of the state budget and finance, legislative advocacy/analysis/monitoring, public safety, state elections and the legislative process. Amanda Fenton, Senior Associate, builds on our state and federal knowledge base and R specializes in funding for cultural and educational institutions. Amanda understands local 'za education governance and funding issues, and excels at finding creative solutions and developing partnerships and synergies between local public agencies. Richard Harmon, Senior Associate, brings special expertise in transportation infrastructure and policy development, Prior to joining TPA, Harmon served as the Legislative and Local Government Affairs Deputy for Caltrans. Appointed by Governor Arnold Schwarzenegger in f' 2007, he served as the liaison between the Administration and Congress and the State Legislature on transportation issues. Overview of Townsend Public Affairs, Inc. Page 2 of 7 Client Funding Achievements G EKT AGWISITIQNTOTALS CLIENT ACQUISITION TOTALS Bowers Museum of Cultural Art $ 4,250,000 Emerald Fund $ 15,200,000 Boys & Girls Club of Harbor City $ 75,000 Emery Unified School District $ 1,592,000 Boys & Girls Club of San Pedro $ 443,000 Envision Schools $ 16,022,484 California Association for Microenterprise $ 999 400 Father Joe's Villages: St. Vincent De Paul $ 8,726,624 Opportunity of San Diego California Space Authority $ 150,000 Friends of Oakland Parks and Recreation $ 150,000 Chabot Las Positas Community College $ 114,000 Fruitvale Development Corporation $ 1,002,060 District Great Park Design Studio $ 475,000 Chabot Space & Science Center $ 1,671,000 Habitot Children's Museum $ 249,601 Chelsea Investment Corporation $ 855,000 Hawthorne School District $ 250,000 Children's Discovery Museum of $ 2,113,788 Highland Fairview/City of Moreno Valley $ 2,000,000 San Jose Holliday Development $ 10,933,280 City ofAliso Viejo $ 500,000 Kidspace Children's Museum $ 1,990,500 Cit of Anaheim $ 8,418,872 Latino Health Access $ 3,674,000 City of Antioch $ 38,500,000 Mexican Museum/El Museo Mexicano $ 2,400,000 City of Bakersfield $ 10,800,000 Mission San Juan Capistrano Foundation $ 984,000 City of Brea $ 650,300 Museum of Latin American Art $ 3,605,618 City of Buena Park $ 199,117 Municipal Water District of Orange Count $ 3,375,000 City of Carson $ 90,000 Nehemiah Corporation of America $ 1,350,000 City of Citrus Heights $ 3,000,000 Oakland Museum of California City of Clovis $ 1,738,500 $ 6,126,522 Oakland School For The Arts - Fox City of Dinuba $ 6,723,042 Theater Project $ 10,478,435 City of Emeryville $ 2,799,569 Oakland Zoc: East Bay Zoological $ 7,650,000 City of Fresno $ 3,853,453 Society ..City of Fullerton $ 3,800,861 Orange Count Clerk Recorder $ 1_50,D00 City of Garden Grove $ 2,181,050 Orange County Educational Arts $ 405 000 City of Glendale $ 2,504,053 Academy City of Hayward $ 47,000,000 Orange Count High School of the Arts $ 50,679,852 City of Laguna Niguel $ 560,000 -Orange County Sanitation District $ 1,250,000- City of Lomita $ 1,023,810 -Orange Count Water District $ 31,000,000 City of Merced $ 21,724,455 Port of Los Angeles Charter High School $ 16,370,234 City of Mission Viejo $ 850,000 Powerhouse Science Center $ 7,249,185 City of Oakland $ 73,492,845 Pretend City - Children's Museum Of $ 3,600,000 City of Orange $ 200,000 Orange Count City of Placentia $ 76,672,298 Rancho Santiago Community College Cif of San Juan Capistrano $ 498,434 District $ 16,292,000 City of San Pablo $ 200,000 San Diego Children's Museum $ 38,000 .City of Santa Ana $ 14,918,440 San Pedro Bay Port Technolo Center $ 250,000 City of Tehachapi $ 3,000,000 Santa Ana Unified School District $ 60,210,000 City of Torrance $ 266,666 Santa Barbara Museum of Natural History $ 336,650 City of Tulare $ 20,888,140 Temescai Telegraph Community Coast Community College District $ 517,207 Association $ 72,489 Craft and Folk Art Museum $ 132,000 Tiger Woods Foundation $ 5,250,000 Dana Adobo Ni omo Amigos $ 4,172,127 Triangle Owners Group $ 23,081,360 Discovery Science Center $ 38,791,000 Women's Economic Ventures $ 190,000 Grand Total: $717,297,329 Overview of Townsend Public Affairs, Inc. Page 3 of 7 Legislative Accomplishment Hiqhltqhts ISSUE DESCRIPTION AFFORDABLE In 2010, TPA sponsored AB 1867 (Harkey) on behalf of the City of San Juan HOUSING Capistrano which provides cities with additional opportunities to create affordable units through the RHNA process. The bill gives local government additional autonomy by allowing ownership units, not just rental units, to be rehabilitated and counted under the RHNA process. TPA was able to successfully work with the author, committee staff, and affordable housing advocates, to craft a measure that was beneficial to our client and could be supported by all parties. The bill was approved b the Legislature and then signed b the Governor. AIR QUALITY In 2007, TPA sponsored AB 1488 (Mendoza) on behalf of Worldwide Environmental Products. This measure required the Bureau of Automotive Repair to include light- weight diesel-powered vehicles manufactured after 1997 in the State's smog check program beginning in 2010. TPA worked closely with members of the Legislature, and key officials within the Administration, to ensure that this important measure successfully passed the Legislature and was signed by the Governor. CHARTER In 2001, TPA in coalition with similar organizations, helped shape SB 740 SCHOOL (O'Connell) on behalf of several clients. This piece of legislation created the first FACILITIES state school facility grant program to benefit classroom-based public charter schools. FUNDING SB 740 was ultimately crafted to ensure that not only schools with low-income student populations, but also schools in and benefiting low-income areas, would be eligible for the facilit rant reimbursement. ENERGY In 2008, TPA sponsored AB 2804 (Hayashi) on behalf of the Chabot Las Positas Community College District. This measure added flexibility for community colleges participating in the California Solar Initiative for solar panel installation at community college sites. ENTERPRISE In 2006, TPA worked in coalition with similar organizations, and on behalf of many of ZONE our clients to ensure the continuation of the Enterprise Zone program. This program REGULATIONS provides tax credit benefits to employers who hire disadvantaged workers. TPA also successfully influenced changes to the Enterprise Zone program regulations and lobbied for legislative clarifications. LOCAL In 2007, TPA sponsored SB 558 (Cogdill) on behalf of the City of Fresno which GOVERNMENT clarified the complex laws regulating the transfer of the City's water infrastructure to a newly formed special district. SB 558 was unanimously approved by the Legislature and secured the Governor's signature, In 2008, TPA sponsored AB 2001 (Swanson), on behalf of the City of Oakland which allowed local governments to establish whistle-blower hotlines and additional provisions to protect their identity. In 2010, TPA sponsored AB 191 (Solorio) on behalf of the City of Santa Ana which exempted select cities from Highway User Tax Account (gas tax) deferrals, if the deferrals create a hardship for the city. This measure resulted in the City collecting hundreds of thousands of dollars that the State otherwise would have delayed payment to the City under the provisions of the State budget. In 2011, TPA sponsored AB 184 (Swanson) on behalf of the City of Oakland. This bill gives local governments the authority to loan money to homeowners for seismic safety improvements. The bill makes seismic retrofits more affordable by providing homeowners with a financing option that removes much of the upfront expense. AB 184 enjoyed bi-partisan support in the Legislature and was one of the first bills signed b Governor Jer Brown. Overview of Townsend Public Affairs, Inc. Page 4 of 7 Legislative Accomplishment dfghI4 ISSUE DESCRIPTION MILITARY BASE In 2001, TPA sponsored AB 212 (Correa) on behalf of the City of Santa Ana RE-USE and the Santa Ana Unified School District. This bill provided the necessary leverage to end an ongoing dispute between concerned local government parties and led to a $61 million mutually beneficial settlement. PUBLIC SAFETY In 2007, TPA sponsored SB 67 (Perata) on behalf of the City of Oakland to crack down on "sideshow" reckless driving activities. The bill passed through both houses of the state le islature and was signed b the Governor. REDEVELOPMENT In 2007, TPA successfully secured an amendment to SIB 1206 (Kehoe) on REGULATIONS behalf of the City of Oakland to exclude a major redevelopment tool that the City needed for two areas it was trying to fuse into one combined Redevelopment Area. SCHOOL In 2009, TPA sponsored AB 1080 (Skinner) on behalf of the City of Emeryville FACILITIES and the Emery Unified School District to allow for expanded joint-use partnerships between cities and school districts. This bill allows public agencies to efficiently use local resources for the construction of community facilities while protecting the state's investment in school facilities and respecting the safety needs of students. TRANSPORTATION in 2003, TPA worked with Senator Torlakson to overcome Caltrans opposition FUNDING on behalf of the City of Antioch. Millions of dollars in funds were reinstated for area highway projects and the Governor presided over the ribbon cutting. URBAN WATER In 2003, TPA sponsored AB 2528 (Lowenthal) on behalf of the Orange County REGULATIONS Water District, which clarified language relating to emerging contaminants. This bill passed without a single no vote, despite early opposition from the Association of California Water Agencies. VICTIM In 2008, TPA sponsored AB 499 (Swanson) on behalf of the City of Oakland PROTECTION which created a pilot project in Alameda County to place sexually exploited minors accused of prostitution offenses into supervised counseling and treatment programs. WATER DISTRICT In 2006, TPA sponsored AB 2619 (Daucher) on behalf of the Orange County ENABLING ACT Water District which made changes that aligned governing legislation with existing best practices and current state and federal codes. Overview of Townsend Public Affairs, Inc. Page 5 of 7 Client Foster Current Clients are noted with an asterisk Government A nrjees: Capitol Area Development Authority" Gity of Imperial* City of Torrance City of Allso Viejo* City of Indian Wells* City of Tulare* City of Anaheim City of Irvine City of Villa Park City of Antioch City of La Palma City of Westminster City of Bakersfield City of Laguna Niguel County of Orange* City of Berkeley* City of Laguna Woods Mesa Consolidated Water District* City of Brea* City of Lomita Municipal Water District of Orange County* City of Buena Park* City of Merced* Orange County Ciork-Recorder City of Calexico* City of Mission Viejo* Orange County Sanitation District* City of California City* City of Oakland" Orange County Transportation Authority" City of Chowchil!a City of Orange Orange County Water District* City of Citrus Heights City of Palm Springs* Port of Los Angeles City of Clovis City of Placentia Rancho California Water District City of Dlnuba* City of Rockiin* South Coast Water District City of Emeryvilfe* City of San Juan Capistrano* Transbay Joint Powers Authority" City of Fresno City of Santa Ana* Transportation Corridors Authority" City of Fullerton" City of San Jacinto* Tulare Regional Medical Center* City of Garden Grove City of San Pablo* Yorba Linda Water District City of Glendale City of Tehachapi" Ci of Ha ard* Nori-~rafit Q anfzaHonsr Betsa Chica Conservancy* Craft & Folk Art Museum Museum of Latin American Al* Boise Chica Land Trust Dana Adobe Nipomo Amigos Nehemiah Corporation of America* Bowers Museum of Cultural Art Discovery Science Center* Oakland Museum of California* Boys and Girls Club of Huntington Valley* East Bay Zoological Society (Oakland Zoo)* Powerhouse Science and Space Center' Boys & Girls Clubs of the Los Angeles Harbor Friends of Oakland Parks & Recreation Pretend City Children's Museurn of Orange County Boys & Girls Club of the South Bay Fruitvale Development Corporation (Unity Council)* Recording for the Blind & Dyslexic Build West Oakland Grand Vision Foundation Sacramento River Cats Foundation* California Association for Microenterprise Opportunity* Great Park Conservancy San Diego Children's Museum;Museo de Ios Nincs California Central Valley Horticulture Foundation Great Park Corporation* San Francisco Planning +Urban Research California Commission for Jobs & Economic Growth Habitat Children's Museum Association* California Indian Museum and Cultural Center* Huntington Library, Art Collections, and Botanical Santa Barbara Botanic Garden* California Space Authority Gardens* Santa Barbara Museum of Natural History* Centennial Heritage Museum I. C. Jobs Santa Barbara Zoo* Center for Multicultural Cooperation Institute for Advancing Unity* 16u, Street[West Oakland Train Station Center for Water Education K!dspace Children's Museum St. Vincent De Paul of San Diego Chabot Space & Science Center* Latino Health Access* Tehachapi Performing Arts Gianter* Children's Discovery Museum of San Jose* Los Angeles Gounty Fair Association Temescal/Telegraph Community Association Community Financial Resource Center* Los Angeles County Museum of Art Tiger Woods Foundation* Children's Museum of Los Angeles Mexican Museum/El Museo Mexicano Veterans of Foreign Wars- Department of CA* Conservation Corps Institute Mission San Juan Capistrano Foundation West Company Women's Economic Ventures biic Educati : Alameda Community Learning Center Hawthorne School District Port of Los Angeles Charter High School* Bay Area Coalition for Equitable Schools Lighthouse Community Charter School Rancho Santiago Community College District* Chabot - Las Positas Community College District* Orange County Educational Arts Academy San Diego Children's Museum Charter School Coast Community Ccl[ege District* Orange County High School of the Arts Santa Ana Unified School District Emery Unified Schocl District* Oakland Military Institute Umoja Community* Envision Schools* Oakland School for the Arts Vista Unified School District Private SeclIor: Airship Ventures Global Tel Link* Newport Medical Instruments, Inc. ATS, Inc. GoviDelivery, inc.* Newport Oncology & Healthcare, Inc. Barry Swenson Builders Granville Homes One Santa Fe, LLC Bridgepoint Education Great Circle Family Foods/Krispy Kreme Rockpointe Corporation California Capital Group Great Park Design Studio Sage Credit Corporation Caribou Industries Gruma Corporation San Miguelito Partners Charter School Partners Headlands Reserve Sanderson J. Ray Development Chelsea Investment Corporation' Highland Fairview Smarsh* Cott! Foods Corporation HMS Host* Southern California Edison Dana Capital Group Hudson News Standard Pacific Homes Delaware North Companies Jodika Enterprises, Inc. Strategic Urban Development Alliance Emerald Fund, Inc.* KB Home TALX Corporation Forest City Enterprises Kinder Morgan Thomas Safran & Associates Fulcrum Properties* MacGlllivray Freeman Films Triangle Owners Group Future Estates, Inc. Meta Housing Worldwide Environmental Products Get Ahead Learning YUM! Brands, Inc Overview of Townsend Public Affairs, Inc. Page 6 of 7 Client References PUBLIC AGENCIES Mike Conway Assistant City Manager, 678 West 1811 Street Merced, CA 95340 (209) 385-6834 City of Merced Joel Felz City Manager, City of Fullerton 303 W. Commonwealth Fullerton, CA (714) 738-6310 92832 John Hanna Member, Board of Trustees 2323 North Broadway, Suite 410-2 (714) 835-2122 Rancho Santiago Community Santa Ana, CA 92706-1640 College District Kevin Hunt General Manager, Municipal Water 10500 Ellis Avenue (714) 593-5026 District of Orange County Fountain Valley, CA 92708 Michael Markus General Manager, 18700 Ward Street P.O. Box 20895 (714) 378-3305 Orange County Water District Fountain Valley, CA 92708 Jerry Patterson President, Coast Community 9185 Caladium Ave. Fountain Valley, CA (714) 842-0175 College District Board of Trustees 92708 David Ream City Manager, City of Santa Ana 20 Civic Center Plaza Santa Ana, CA (714) 6475200 92702 Jim Ruth General Manager, Orange County 10844 Ellis Avenue P.O. Box 8127 (714) 593-7101 Sanitation District Fountain Valley, CA 92708 Craig Vejvoda Council Member, City of Tulare 411 E. Kern Avenue Tulare, CA 93274 (559) 685-2300 NON-PROFIT ORGANIZATIONS Joe Adams President, 2500 North Main Street Santa Ana, CA (714) 913-5006 Discovery Science Center 92705 Gilda Gonzales Chief Executive Officer, 3411 East 12th Street Suite 200 (510) 535-6906 Unity Council Oakland, CA 94601 Marilee Jennings President, Children's Discovery 180 Woz Way San Jose, CA 95110- (408) 298-5437 Museum of San Jose 2780 x208 PRIVATE SECTOR ENTERPRISES Oz Erickson & Alastair Partners, Emerald Fund 532 Folsom Street Suite 400 San (415) 777-2914 Mactaggart Francisco, CA 94105 James °Walkie" Ray Partner, Sanderson J Ray 2699 White Road Suite 150 Irvine, CA (949) 222-5775 Development 92614 Phillip H. T'agami Managing General Partner, 300 Frank H. Ogawa Plaza Suite #340 (510) 268-8500 California Commercial Investments Oakland, CA 94612 Overview of Townsend Public Affairs, Inc. Page 7 of 7 ITEM NO. 8.2 AGENDA REPORT Meeting Date: August 25, 2011 Budgeted: N/A Total Budget: N/A To: Board of Directors Cost Estimate: N/A 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: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: ACWA Committee Appointment Nominees for 2012-2013 Term SUMMARY: Committees are an integral part of ACWA's activities and policy development. The end of the current committee term is in December 2011 and ACWA has requested nominations from its membership. STAFF RECOMMENDATION: That the Board of Directors consider nominations for various ACWA Committees for the 2012-13 Term. DISCUSSION: ACWA has requested nominations for consideration for upcoming committee appointments for the 2012-2013 term. Attached are descriptions of each of the committee's purposes and responsibilities including the number and location of meetings held each year. Nominations must be submitted by September 30, 2011. Compensation for meeting attendance and travel reimbursement will be according to ACWA and YLWD policies. ATTACHMENTS: Name: Description T p;, : ACWA_Correspondence. PDF Correspondence Backup Material Approved by the Board of Directors of the Yorba Linda Water District 8/25/2011 RK/GM 5-0 Nominating Art Kidman to the Legal Affairs and State Legislative Committees. RECEIVED All" 11 20111 Association of California Water Agencies YOAFiA;.NDA A1A~j ~_P )tC"14ICr Since 1910 IN MEMORANDUM August 11, 2011 TO: MEMBER AGENCY BOARD PRESIDENTS MEMBER AGENCY GENERAL MANAGERS FROM: PAUL KELLEY, ACWA PRESIDENT SUBJECT: ACWA COMMITTEE APPOINTMENT NOMINATIONS FOR THE 2012-2013 TERM PLEASE RESPOND BY SEPTEMBER 30, 2011 Committees are an integral part of ACWA's activities and policy development. The end of the current committee term is fast approaching and it is time again to request committee nominations from ACWA members. New officers (President/Vice President) will be elected at the fall conference, so it is time to prepare to reconstitute all committees for the 2012-2013 term. In submitting names for consideration, please do so with the understanding that committees need active, involved individuals able to expend the time and provide their expertise if appointed. Please keep in mind that the district is responsible for-all costs associated with the participation of its representatives on committees. An important part of helping committees function as effectively as possible is attendance. ACWA's bylaws state, "Two consecutive, unexcused absences from an ACWA limited committee shall constitute a resignation and a replacement will be named as soon as possible." Also, those with a record of repeated, excused absences will be reviewed and considered for replacement. The following information is enclosed in this packet. • ACWA Bylaws Excerpts Relating to Committees • ACWA Policy Committee Guidelines • ACWA Committee Purposes and Responsibilities Association of California Water Agencies 910 K Street, Suite 100, Sacramento, California 95814-3577 916/441-4545 FAX 916/325-4849 Hall of the States 400 N. Capitol St., N.W., Suite 357 South, Washington, D.C. 20001-1512 202/434-4760 FAX 202/434-4763 www.acwa.com Committee Appointments Page 2 • Committee consideration form (before you begin, please make extra copies) • Sample committee consideration form • Committee timeline • Current agency committee representation (if you receive a blank report, this indicates your agency has no committee representation) All correspondence and forms regarding committee appointments must be in the ACWA office no later than September 30, 2011 to be eligible for consideration. Please contact Jan Jennings at (916) 441-4545 or janj@acwa.com, if you have any questions concerning the committee appointment process. We appreciate your timely attention to this matter. Enclosures PK:jj ACWA BYLAWS EXCERPTS RELATING TO COMMITTEES ARTICLE IV - BOARD OF DIRECTORS Section 8. Vacancies for Standing Committee Chairs and Vice Chairs. Should a vacancy occur in the office of any standing committee chair or vice chair before the end of the term, the president shall appoint a new committee chair or vice chair to fulfill the unexpired term of such committee chair or vice chair subject to ratification by the Board of Directors. A vacancy in the office of any such standing committee chair or vice chair as described in the previous sentence shall be deemed to exist when the chair or vice chair: (1) resigns the office; (2) no longer is an officer, employee, or member of the governing body of a member agency of the Association, or other representative duly designated by a member agency of the Association to represent that member; or (3) is otherwise removed by a member agency of the Association. ARTICLE VII - STANDING COMMITTEES Section 1. Qualification. In order to serve on any ACWA standing committee, an individual must be an officer, employee, or member of the governing body of a member agency of the Association, or other representative duly designated by a member agency-of the-Association to represent that -member at the -time of the appointment. Where are individual ceases to -meet these criteria during the term of the appointment, the individual may not serve during the remaining term of that appointment unless that individual can again meet the criteria for appointment and is appointed to complete the term. Section 2. Term of Offace. The term of office of standing committee members shall be two years commencing on January 1 of each even-numbered year. The term of office of standing committee- chairs, who serve- on-the Board of Directors, shall be approximately two years and shall commence as soon after January 1 of the even-numbered year as they may be appointed by the president and ratified by the then=seated Board of Directors, and shall terminate on December 31 of the odd-numbered year approximately-two years later or until their successors are appointed and ratified. Section 3. Meetings. Meetings of standing committees may be called at such times and places designated by the respective chairlbereof except where provided otherwise by these bylaws. Subject to the-provisions of these bylaws and any actions that may be taken by the Board of Directors, the chairs of each standing committee may establish their own rules for the efficient operation of the committee they each chair. The chairs of each standing committee are authorized to create subcommittees and workgroups in order to complete the work of the committee. Section 4. Communications Committee. There shall be a Communications Committee whose duty it shall be to develop and make recommendations to the Board of Directors regarding a comprehensive internal and external communications program for the Association and to promote development of sound public information and education programs and practices among members of the Association. The committee shall consist of no more than 40 individuals. Of that number, at least one individual shall be from each region. Section S. Energy Committee. There shall be an Energy Committee whose duty it shall be to recommend policies and programs to the Board of Directors and to the State Legislative Committee and/or Federal Affairs Committee as appropriate. The committee shall consist of at least one representative from each region. Section 6. Federal Affairs Committee. There shall be a Federal Affairs Committee whose duty it shall be to review all federal legislative proposals and regulatory proposals affecting members of the Association, after consulting with other appropriate committees, and to develop Association positions consistent with existing policy, where it has been established; recommend sponsorship of bills that will resolve problems or improve conditions for members of the Association; and assist in the establishment of the Association's federal legislative program. The committee shall consist of at least one and no more than five individuals from each region. ' Section 7. Finance Committee. There shall be a Finance Committee whose duty it shall be to make recommendations to the Board of Directors regarding annual budgets, dues formula and schedules and other revenue-producing income, annual audit and selection of an auditor, and investment- strategies. The committee shall consist of the president and vice president of the Association as ex officio members, the Finance Committee chair, one member of the- region board from each afthe Association's 10 regions (either chair or vice chair, and one additional representative from each region with -experience in financial matters. Section 8. Groundwater Committee. There shall be a Groundwater Committee whose duty it shall -be-to recommend policies and programs to the Board-of Directors and-to the State Legislative Committee and/or Federal Affairs -Committee as appropriate. The committee shall consist of at least one representative from each region. Section 9. Insurance and Personnel Committee. There shall be an Insurance and Personnel Committee whose duty- it shall be to review; on a regular basis, all group insurance program offerings, make recommendations-to the Board of Directors regarding annual contract renewal of all group employee -benefit plans, retirement issues, and other personnel and- administrative issues pertinent to the management of members of the Association. The. committee shall consist of at least one and no rrrore than two individuals from each region; at least one from each-regien must represent a member enrolled in multiple plan offerings through the Association. Section M Legal Affairs--Committee. There shall be a Legal Affairs Committee-whose duty it shall be to support the mission of the Association, and more- particularly to deal with requests for assistance involving legal matters of significance to members of the Association, including but not limited to state and federal court litigation, water rights matters, selected regulatory and resources agency matters, proposed bylaw revisions, review of legislation-as requested by the State Legislative Committee, etc. The committee shall consider matters and issues submitted to it in order to determine which ones are of major significance to the members of the Association and, assuming a finding of major significance, recommend to the Board of Directors the position(s) which the committee believes the Association should take with respect thereto. The committee shall be composed of between 35 and 45 attorneys, each of whom shall be, or act as, counsel for a member of the Association, representing diverse interests within the Association, including but not limited to, different geographical areas throughout the state, large and small agencies, agricultural and urban agencies, agencies created under the various enabling statutes, etc. Further, there shall be at least one representative from each region on the committee. Section 11. Local Government Committee. There shall be a Local Government Committee whose duty it shall be to recommend policies to the State Legislative Committee, as appropriate, and Board of Directors on matters affecting water agencies as a segment of local government in California. The committee shall consist of at least one and no more than three individuals from each region. Section 12. State Legislative Committee. There shall be a State Legislative Committee whose duty it shall be to review all state legislative. proposals affecting members of the Association and to establish Association positions, consistent with existing policy, where it has been established; sponsor bills that will resolve problems or improve conditions for members of the Association; and assist in the establishment of the Association's legislative program. The committee shall consist of at least one and no more than four individuals from each region. There shall be at least one person representing each of the following types of-agencies: (T) California water districts; (2) county water districts; (3) irrigation districts; and (4) municipal water districts. The representatives of the above types of agencies shall be a representative from the-regions. Section 13. Water Manage t-Committee. There shall be a Water Management Committee-whose duty it shall be to recommend policy any!-programs to the Board of Directors on any area of concern in water-management The committee shall consist of-at least one-and no more than four individuals from each region. Section 14. Water Quality Committee. There shall be a Water Quality Committee whose duty it shall be to develop and recommend Association policy, positions,-and programs to the -Beard of -Directors, to promote -cost-effective state and federal water quality regulations that protect the public health, to enable interested members of the Association to join together to develop and coordinate with other organizations, and to present unified comments regarding agricultural and donu!stic water quality regulations. The committee shall consist-of at least one individual from each region. ARTICLE VI I I - SPECIAL COMiMUEES Section 2. Membership-Committee. There shall be a Membership Committee whose duty it shall be to make recommendations to the Board of Directors regarding membership policies, eligibility, and applications for membership. The committee shall assist staff in developing membership recruitment and retention programs and review and make recommendations to the Finance Committee regarding an equitable dues structure. ARTICLE X - MISCELLANEOUS Section 1. Conduct of Meetings. All meetings of the Association shall be conducted in substantial accordance with the latest edition of Robert's Rules of Order Newly Revised unless the Board adopts alternate rules of conduct for itself and/or its committees, region boards, and region workgroups. ACWA POLICY COMMITTEE GUIDELINES GENERAL COMMITTEES 1. All committees of the Association shall strive to provide continuity in leadership, shall geographically distribute membership and shall ensure all regions are adequately represented. 2. All committee chairs, vice chairs, and members shall be appointed by the president, and shall serve for a term to coincide with that of the president. 3. Nominations for committee appointments shall be made in writing by members for consideration by the region chair and vice chair. If an agency chooses to designate a representative other than a director or salaried staff member, written confirmation to that effect must be received in the ACWA office prior to appointment consideration. Nomination forms (aka Committee Consideration Form) can be obtained from the Association office or on-line at www.acwa.com. a. Where membership on a given ACWA committee is limited, only one agency representative may be appointed. Other individuals representing an agency may serve on subcommittees of that-committee. 4. The committee chairperson shall: a. chair all meetings of the committee; b. submit a_=written report regarding committee activities for all meetings of-the Board of Directors; C. appoint a committee secretary to record all meetings and-send copies of the minutes and other material to the ACWA office for distribution to committee members; and d. pre-schedule meetings to foster total committee member attendance. The vice chairperson shall assume those duties in the chairperson's absence. 5. All committee appointments are made by the ACWA president following recommendations submitted by the region-chairs and vice chairs. The appointments are for two years and run simultaneously with the board term. Committee chairpersons may appoint subcommittees as necessary-to carry out the committee responsibilities 6. Committee chairpersons shall coordinate with other committees that deal with matters of mutual concern. 7. Committees shall establish a plan of action for the current term. The plan of action shall include: a. a discussion of the goals for the committee's term; b. a detailed work plan and schedule for accomplishing the goals; and c. committee member assignments to meet the schedule. The plan of action shall be submitted to the Board of Directors by its first meeting of each term for review and concurrence with the overall ACWA goals. The plan of action for each committee will be forwarded by ACWA to all committee chairpersons, following board review, to help assure concurrence with #6 above. 8. Committees shall provide for conference programming if requested. 9. Committees shall initiate specific projects/programs based on individual committee purposes, and provide seminar/workshop programming if appropriate. 10. Committees shall see that sufficient research is undertaken to guarantee activities/directions are focused on the needs of ACWA members. 11. Committees shall evaluate their goals at the end of each term and make appropriate recommendations for consideration by the newly appointed committee. 12. Committee members from each region will be designated to act as liaisons at region meetings and provide detailed committee reports. 13. A staff liaison will be appointed to the committee by the executive director to assist with the accomplishment of its goals. Staff liaisons may be unable to attend all committee meetings due to scheduling conflicts. 14. Certificates of recognition for service shall be distributed to all committee members at the end of each two-year term. STANDING AND LIMITED COMMITTEES 1. To encourage participation by as many individuals as possible, an individual should normally serve on only one-Umited, standing- committee. 2. Two consecutive, unexcused-absences from an ACWA limited committee shall constitute a resignation and a replacement will be named as soon as possible. Travel is required to any area of the state where-a committee meeting is being held, and lack of a travel budget will not constitute an excused absence. Limited committees are: * Com-munications * Legal Affairs * Federal Affairs * Local Government * Finance * Insurance and Personnel * State Legislative- * Water Management 3. When a region loses a representative on a limited committee due to a change of region by the-agency providing the committee member, the region chair will be pmAded the opportunity to recommend another individual to serve on that limited committee. 4. The individual with the district that changed regions with the appointment to the limited committee will be considered to have automatically resigned his/her appointment 5. No change in region by a member agency can increase the number of limited committee positions within any region. 6. When a position becomes available on a limited committee, the appointment will be offered first to any region that is under-represented. 2 A'T'TENDANCE Committee Chair If a committee chair of a standing committee misses three consecutive ACWA Board meetings, the ACWA President shall appoint a new committee chair. If any committee chair misses three consecutive committee meetings, the ACWA President shall also move to appoint a new committee chair. Committee Member Alternate (All Committees Except State Legislative) When a committee member is unable to attend a meeting and has asked for an excused absence in advance of the meeting, they may send a representative from their agency for monitoring purposes only. However, the committee member will still be recorded with an excused absence from the meeting. The representative does not have a voting right. State Legislative Committee Excused Absences and Designation of an Alternate Active participation by members appointed to the ACWA State Legislative Committee is critical to the success of its mission as described in the ACWA Bylaws (bylaws) and the ACWA Committee Guidelines (guidelines).. Therefore, regular attendance is essential. The ACWA committee guidelines state that two unexcused absences from the committee will constitute a resignation of the committee member. The committee member should submit a request for-an excused absence to ACWA's Director, State Legislation prior to the committee meeting. The State Legislative Committee Chair has been asked to provide clarification as to whether a committee member not able-to attend a meeting is authorized to designate an alternate to act on behalf of the committee member. ACWA bylaws and committee guidelines do not provide for designation of alternates for committee members. The committee's long-standing practice, however, has been and will continue to be to allow a member of the committee with an excused absence to designate an alternate. The committee member will be required to secure the concurrence of the appropriate ACWA Region Chair for the alternate. The committee member should provide the name of the alternate to ACWA's Director, State Legislation prior to the committee meeting. The alternate will be authorized to fully participate in all discussions of the committee and to vote on issues before the committee. Committee members, including alternates, act on behalf of the region for which they were appointed to represent. 3 ACWA COMMITTEES PURPOSES AND RESPONSIBILITIES COMMUNICATIONS COMMITTEE - STANDING/LIMITED (40 MAXIMUM MEETINGS ARE HELD 4 TIMES A YEAR • One at both the Fall and Spring conferences • One at the Sacramento office between conferences • One at a member agencies site between conferences The purpose of the ACWA Communications Committee is to develop and make recommendations to the Board of Director's and association staff regarding comprehensive internal and external communications/public affairs programs. Programs are crafted to support ACWA and its members' positions on legislative, regulatory, and policy issues. The committee is responsible for developing and updating a comprehensive communications plan for ACWA. The committee promotes the development and implementation of sound public information and education programs and practices among member agencies. It prepares-materials- hat can be duplicated or used by-member agencies for their local public information/education efforts. As a member of the committee, you will be enrolled as an active participant in ACWA's Outreach Program. The committee also provides guidance to ACWA's Communications Department. ENERGY COMMITTEE --STANDING/UNLIMITED MEETINGS ARE HELD 2-TIMES A YEAR • {One-at both the Fall and Spring conferences The purpose of the Energy Committee is to work with staff in developing and making reco~rnmendations to the Board of Directors regarding: • Programsto assure an adequate power supply for member agencies, including energy, availability, pricing, distribution and hydro generation • Policy recommendations relating to the development of new power sources • Recommended positions regarding state and federal legislation to the Stare Legislative and Federal Affairs Committees • Assistance with the development, direction and work associated with representation before the Public Utilities Commission, the Federal Energy Regulatory Commission and other regulatory agencies dealing with energy • Educate members on all energy matters having impact on their operations ACWA COMMITTEES PURPOSES AND RESPONSIBILITIES PAGE 2 FEDERAL AFFAIRS COMMITTEE - STANDING/LIMITED (S PER REGION MEETINGS ARE HELD 4 TIMES A YEAR • One at both the Fall and Spring conferences • Two between conferences (Jan & Sept) in the Sacramento office The Federal Affairs Committee coordinates with other ACWA committees regarding their input on any issues directly related to federal issues before both Congress and the Federal administrative branches. As a member of the committee, you will be enrolled as an active participant in ACWA's Outreach Program. The committee currently has four separate subcommittees. Committee members have the opportunity to sign-up for as many of the subcommittees as they want, plus being supplemented by other members with interest in a focused area. The subcommittees with areas of responsibility are: • Drinking Water & Energy Subcommittee: Responsible for the oversight and policy direction on Environmental Protection Agency and Energy- Water Nexus. • Water Supply Subcommittee: Responsible for oversight and policy direction on the Safe Drinking Water Act and Endangered Species Act. • Infrastructure & Agriculture Subcommittee: Responsible for oversight and policy direction on the Clean Water Act, and agricultural issues. Finance, Technolagy & Research Subcommittee: Responsible for oversight and policy direction on financing water infrastructure legislation. FINANCE COMMITTEE - STANDING EIMITED (2 PER REGION - I SPOT IS FILLED BY REGION CHAIR.-OI! VICE CHAIR; 0THER-SPOT IS-FILLED B Y A REPRESENTATIVE FROM REGION VITH EXPERIENCE IN FINANCIAL MATTERS -MEETINGS-ARE HELD APPROXIMATELY 4-5 TIMES A YEAR • One at both the Fall and Sprite conferences • All other meetings are heldin-ffie Sacramento office The Finance Committee makes recommendations to the Board of Directors -regarding annual-budgets, investment strategies, annual audits and the selection of the auditor, the dues formula and schedules and other financial matters that may come before the committee. Each committee member will be expected to serve on at least one of the subcommittees, which are: • Audit Subcommittee • Budget Subcommittee • Investment Subcommittee • Revenue Subcommittee • Education Subcommittee ACWA COMMITTEES PURPOSES AND RESPONSIBILITIES PAGE 3 GROUNDWATER COMMITTEE - STANDING/UNLIMITED MEETINGS ARE HELD 4 TIMES A YEAR • One at both the Fall and Spring conferences • One in Northern California between conferences • One in Southern California between conferences The Groundwater Committee monitors state and federal regulations and legislation that could affect the quality or quantity of groundwater, conducts studies, develops policies regarding the management of groundwater and coordinates with other ACWA committees on issues directly related to groundwater. Committee members are expected to participate in a variety of activities including writing legislation, preparing comments for state or federal hearings on groundwater issues, developing programs for workshops and conferences, and providing input on state and federal legislation. As a member of the committee, you will be enrolled as an active participant in ACWA's Outreach Program. INSURAaNCR AND PERSDNNEL COMMITTEE - STANDING/LIMITED (2 PER REGION) MEETINGS ARE HELD 4 TIMES A YEAR • One at both the Fall and Spring conferences • Two in the Sacramento office The Insurance and Personnel Committee-works with staff in developing, reviewing and making recommendations to the Board of Directors regarding the following: • Sponsor special-studies-on personnel-related problems and issues • Sponsor safety programs for risk management or workers' compensation claims • Define- the scope of any audit to be performed by an independent actuary, as needed • Gather, develop and publish comparative data on salary ranges, employee benefits and other-personnel and administrative dat-&pjartinent to the management of member agencies LEGAL AFFAIRS COMMITTEE— STANDINGIEIMITED (45 MAXIMUM) MEETINGS ARE HELD-APPROXIMATELY 24 TIMES A YEAR • One at both the Fall-and Spring conferences e As needed in between the conferences The committee's primary purpose is to support the mission of the Association, and more particularly, to deal with requests for assistance involving legal matters of significance to ACWA member agencies, water rights matters, proposed ACWA bylaw revisions, etc. ACWA COMMITTEES PURPOSES AND RESPONSIBILITIES PAGE 4 LEGAL AFFAIRS COMMITTEE (CONTINUED) The committee also works with staff to produce publications to assist water agency officials in complying with applicable state and federal laws. The committee's areas of responsibility include: • Amicus curia filings on important cases • Commenting on proposed regulations and guidelines of state agencies such as Fair Political Practices Commission regulations or opinions and CEQA implementation guidelines • Entering a suit as primary litigant • Dealing with any water rights matters of interest to member agencies • Reviewing all proposed ACWA bylaws for technical competence and consistency with the nonprofit corporation law and other bylaws LOCAL GOVERNMENT COMMITTEE - STANDING/LIMITED (3 PER REGION) MEETINGS ARE HELD 4 TIMES A YEAR • One at both the Fall and Spring conferences Two in between the conferences in the Sacramento office The Local Government Committee: • Recommends policies to the State Legislati-ve -Committee and the Board of Directors on matters affecting water agencies -as a segment of local government-in California, such as planning issues and local government organization and finance • Plans and presents a program at eacirACNIIA conference-relating to local governance issues affecting-water- agencies • Gathers data and disseminates information on the value of special districts • Disseminates information promoting excellence in service delivery • As a member of the committee, you will be enrolled as-an active participant in ACWA's Outreach Program. MEMBERSHIP COMMITTEE - REGULAR/UNLIMITED MEETINGS ARE HELD 2 TIMES A YEAR • One at both-the Fall and Spring conferences The Membership Committee takes any suggestions-regarding ACWA policy to the ACWA Board of Directors for approval, meets to review and make recommendations regarding membership. eligibility and all membership applicatirnrs; assists the staff with the development of recruitment and retention programs and reviews and makes recommendations regarding an equitable dues structure to the ACWA Finance Committee. STATE LEGISLATIVE COMMITTEE - STANDING/LIMITED (4 PER REGION) MEETINGS ARE HELD APPROXIMATELY 10-12 TIMES A YEAR • Every three weeks during Session in the Sacramento Office • One planning meeting at the end of the year in the Sacramento Office ACWA COMMITTEES PURPOSES AND RESPONSIBILITIES PAGE 5 STATE LEGISLATIVE COMMITTEE (CONTINUED) The State Legislative committee sets state legislative policy for the Associations. Committee members are responsible for reading relevant legislation, developing positions, working with staff to draft appropriate amendments to bills, providing input to the ACWA Board of Directors, and directing ACWA legislative staff on legislative matters. As a member of the committee, you will be enrolled as an active participant in ACWA's Outreach Program. WATER MANAGEMENT COMMITTEE - STANDING/LIMITED (4 PER REGION) MEETINGS ARE HELD 4 TIMES A YEAR • One at both the Fall and Spring conferences • Two between conferences in the Sacramento office The purpose of the Water Management Committee is to work with staff in developing and making recommendations to the Board of Directors regarding policy and programs on significant areas of concern in water management, review and recommend positions regarding legislation and regulations as requested by other committees. The committee is also responsible for the gathering and dissemination of information regarding management of agricultural and domestic water, conjunctive use, water management and conservation activities, development and use of water resources, and wastewater treatment and its reclamation and reuse. As a member-of the committee, you will be enrolled as an active participant in ACWA's Outreach Program. WATER-QUALITY COMMITTEE - STANDING/UNLIMTTED MEETINGS ARE HELD BY SUBCOMMITTEES Safe Drinking Water Subcommittee meets 4 times a year • One at both Fall and Spring conferences • One in Northern California-hetween conferences • One in Southern-California between conferences Clean Water Subcommittee meets 3 times a year • One at both the Fall and Spring conferences Water Quality Committee was established to-recommend policy and programs to the Board of Directors, State Legislative Committee and/or Federal Affairs Committee; promote cost effective state and federal water quality regulations affecting both agricultural and domestic water agencies; and provide a means for members to work together to develop and present unified comments on water quality regulations, as well as to coordinate with other organizations. The ACWA bylaws provide authority to -the committee to develop and recommend ACWA positions and testimony on water quality regulatory issues. As a member of the committee, you will be enrolled as an active participant in ACWA's Outreach Program. 7970-2070 Vision for tlts Future Association of California Water Agencies COMMITTEE CONSIDERATION FORM ASSOCIATION OF CALIFORNIA WATER AGENCIES 910 K Street, Suite 100 *Rank Sacramento, California 95814-3577 (916) 441-4545 Fax (916) 554-2324 1=fast choice 2=second choice 3=third choice NAME COMMITTEE Please print legibly QUESTIONS? Please call Jan Jennings of ACWA (916) 441-4545. RECOMMENDATION SUBMITTED BY: District/Company Name Phone SIGNATURE: Title Either the Agency/District General manager or Board President must sign this form. a stwv/y;xresT "-WA COMMITTEE CONSIDERATION FORM ASSOCIATION OF CALIFORNIA WATER AGENCIES 1=first choice 910 K Street, Suite 100 2=second choice Sacramento, California 95814-3577 3=third choice (916) 441-4545 Fax (916) 554-2324 NAME COMMITTEE Please print legibly Jane Doe, General Manager Water Management Committee 1 Jane Doe, General manager Federal Affairs Committee 2 John Smith, President State Legislative Committee 1 T.O. Goode Communications Committee 1- F OUESTIONS? Please call Jan Jennings at ACWA (916) 441-4545. RECOMMENDATION SUBMITTED BY: 'District/Company Name John Doe Water District Phone SIGNATURE: Title Either-the Agency/District General manager or Board President must sign this form. ACWA COMMITTEE APPOINTMENT Process / Timeline AUGUST 11th Committee Appointment Packets are sent to all Agency general managers, board presidents & Friends of ACWA contacts. The packet contains: ■ List of all agency staff, directors, associate / affiliate members currently serving on ACWA committees. ■ Committee descriptions, purposes / responsibilities. f Committee consideration form and sample for the 2012-2013 term. 19 2012.2013 Committee consideration process / timeline outline. 15th Letters are sent to all current committee members notifying them of the process for reappointment to ACWA committees. Important note: all current committee members must stand again for reappointment by completing- and submitting to ACWA a committee consideration form. SEPTEMBER 30th Deadline: All committee consideration forms must be -submitted to ACWA. OCTOBER Committee Considerations are compiled and organized for recommendations by the new Region Chairs. Copy to Region Chairs and staff liaisons. NOVEMBER 17th Deadline: The Incoming Region Chairs / Vice Chairs will make their recommendations for committee appointments. They will meet with the Outgoing and Incoming Region Chairs / Vice Chairs for training, input and continuity of the committee process. 14th - 25th Region recommendations are compiled and organized for the new ACWA President. DECEMBER 1st Region committee-recommendations are submitted to the incoming ACWA President and Vice President for their consideration. 16th Deadline: for the ACWA President to complete committee appointments. 31th AMA-sends-official appointment letters to new committee members- who will serve for-the 2012-2013 term. JANUARY 6th ACWA sends letters-to those not receiving an appointment to ACWA committees and places those individuals on a waiting list for possible future appointment as vacancies occur. Association of Standing and Regular Committee Participation by Agency California Water Agencies Since 1910 Leadllrsdiip Advocacy Information . Linda WD No Standing or Regular Committee Participation by Your Agency 07/26/2011 2:01:24PM ITEM NO. 9.3 AGENDA REPORT Meeting Date: August 25, 2011 Subject: General Manager's Report ATTACHMENTS: Name: cv, i~a$icri: pe: Public Notice Regarding YL Blvd Pump Station and Pipeline Project.pdf Public Notice Backup Material YORBA LINDA WATER DISTRICT NOTICE OF AVAILABILITY / NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE YORBA LINDA BLVD. PUMP STATION AND PIPELINE PROJECT Notice is hereby given that the Yorba Linda Water District (YLWD) has prepared an Initial Environmental Study (IES) under the California Environmental Quality Act (CEQA) for the project described as the Yorba Linda Blvd. Pump Station and Pipeline Project. The YLWD Board of Directors intends to adopt a Mitigated Negative Declaration (MND) for the project and has authorized the release of the MND for public review and comment on the above project and its potential impacts. The proposed pump station project would be located at 19555 Yorba Linda Boulevard, in the City of Yorba Linda, and the Pipeline project is on Yorba Linda Boulevard from Ohio Street to 500 feet East of Fairmont Blvd. The project is the construction and operation of the Yorba Linda Blvd. Pump Station replacing the Palm Avenue pump station in the City of Yorba Linda's Jessamyn West Parr. The location of the pump station lies within a 150 foot strip of land known as Gun Club Road. This City property will be the site of a future linear park. During the construction of the pipeline, the frontage land off Yorba Linda Blvd. will be utilized as a staging area of construction materials and equipment. Once the pipeline is completed, this area will be available for the pump station construction as well as staging area for the general contractor. The analysis in the IES indicates that these proposed projects can be implemented without causing significant adverse environmental impacts with the incorporation of mitigation measures for specific issues. The period of review will be from September 1, 2011 to October 3, 2011. Written comments on the IES and proposed MND should be submitted to Mr. Hank Samaripa at the address below no later than October 3, 2011 at 5:00 p.m. The IES and MND are available at the address below during normal working hours, and at the Yorba Linda Public Library and Placentia Library. Hank Samaripa Project Engineer Yorba Linda Water District 1717 East Miraloma Avenue Placentia, CA 92870 Email: hsamaripa@ylwd.com ITEM NO. 10.1 AGENDA REPORT Meeting Date: August 25, 2011 Subject: Executive-Administrative-Organizational Committee (Beverage/Hawkins) Minutes of meeting held August 15, 2011 at 12:00 p.m. Meeting scheduled September 20, 2011 at 4:00 p.m. ATTACHMENTS: Name: Description: Type: 081511 EAO - Minutes.doc EAO Mtng Minutes 08_15_11 Backup Material ITEM NO. 10.1. MINUTES OF THE YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING August 15, 2011 A meeting of the Executive-Administrative-Organizational Committee was called to order by Director Beverage at 12:00 p.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. COMMITTEE STAFF Director Michael J. Beverage, Chair Ken Vecchiarelli, General Manager Director Phil Hawkins Steve Conklin, Engineering Manager Damon Micalizzi, Public Info Officer VISITORS Art Kidman, General Counsel, Kidman, Behrens & Tague Eddy Beltran, Kidman, Behrens & Tague Gordon Thomson, Representative, Yorba Linda Outpost Development LLC Andrew King, King Family Trust Fred Cornwell, Pardue, Cornwell and Associates, Inc. 1. PUBLIC COMMENTS None. 2. DISCUSSION ITEMS 2.1. King Family Casino Ridge Proposed Development The King Family representatives, Messrs. Thomson, King and Cornwell, presented their request to finalize terms and conditions for the proposed Yorba Linda Outpost Development. The development is proposed as an extension of the Casino Ridge Mount San Antonio HOA and includes 11 custom lots on approximately 19 acres. The proposed development includes several acres of open space that will not be developed and both irrigated and non-irrigated defensible space for fire protection. Staff and the King representatives have been communicating back and forth on the proposed project since 2003, and in its most recent layout, since early 2008. The King's have agreed on the terms for service except for the share of cost for reservoir storage or system improvements in lieu of storage. The representatives presented their case and the Committee members asked questions of the Kings and of staff. Staff was directed to put together final terms for the Board of Directors to consider at their meeting in September. The King family representatives thanked the Committee and staff and left the meeting following this discussion. Mr. Conklin also left the meeting at this time. 1 ITEM NO. 10.1. 3. ACTION CALENDAR 3.1. Townsend Public Affairs Scope of Work for September 2011 through August 2012 Christopher Townsend and Heather Stratman of Townsend Public Affairs (TPA) joined the meeting at this time. Art Kidman and Eddy Beltran of Kidman, Behrens and Tague also joined the meeting, as did Damon Micalizzi. Mr. Townsend presented the Committee with a proposal for Professional Services for legislative advocacy. The Scope of Work includes providing strategic consulting and advocacy, generating support among legislators and member agencies for various District initiatives. Director Hawkins had to leave the meeting during this discussion to attend to a personal matter that had come up unexpectedly. Director Beverage requested on Director Hawkins behalf, to revise the proposed contract term to coincide with the calendar year end as opposed to August 2012 and requested TPA consider extending their initial reduced fee for two additional months in compensation for this extension. Mr. Townsend agreed with a fee schedule of $3,000 per month from September 1, 2011 - February 29, 2012: and $5,000 per month from March 1, 2012 - December 31, 2012. The Committee recommended staff bring a Professional Service Agreement with Townsend Public Affairs to the Board of Directors for their consideration at the next meeting. 3.2. Input for Development of the Orange County Board of Supervisors' 2012 Legislative Platform This item was taken out of order before Item 3.1. The Committee recommended receiving and filing the letter. 4. DISCUSSION ITEMS CONTINUED 4.1. YLWD Contracts and Agreements in Process The Committee began discussion of this item before Item 3.1 while waiting for TPA representatives to arrive. They asked several questions of staff and counsel related to policy regarding contracts and agreements, and asked which of the existing or pending agreements and contracts had been reviewed by counsel. The Committee recommended staff send all future contracts and agreements through legal counsel before bringing any recommended action to the Board for their consideration. 4.2. General Counsel's Monthly Summary Report Mr. Kidman and the Committee discussed presenting the spreadsheet attachments to this monthly report in a different format that correlates more closely to the invoices prepared by KBT. Staff and counsel will make these changes for the next meeting. 2 ITEM NO. 10.1. 4.3. Director's and General Manager's Fees and Expenses (April - June 2011) This item was taken out of order before Item 3.1. The Committee recognized higher quarterly Directors' expenses due to increased activities, a higher number of meetings to attend to and a higher level of involvement with the new Board make up since December 2010. The Committee confirmed that the Adopted FY2011/12 Budget forecasts Board expenses at this higher level. The Committee had no further comments. 4.4. Status Report on Committee Specific Strategic Plan Initiatives Mr. Vecchiarelli reported that certain items still needed further clarification and action specific details. Director Beverage suggested as long as progress is being made on these initiatives, he is happy. The Committee had no further comments 4.5. Future Agenda Items and Staff Tasks None were discussed. 5. ADJOURNMENT 5.1. The Committee adjourned at 1:50 p.m. The next regular meeting of the Executive-Administrative-Organizational Committee will be held September 20, 2011 at 4:00 p.m. 3 ITEM NO. 12.1 AGENDA REPORT Meeting Date: August 25, 2011 Subject: Meetings from August 26, 2011 - September 30, 2011 ATTACHMENTS: Name: Dosciiption: a ype: BOD - Activities Calendar.pdf BOD Activity Calendar Backup Material Board of Directors Activity Calendar Event Date Time Attendance bv: August 2011 Tour of Brea Police Department Mon, Aug 29 9:OOAM Beverage/Hawkins/Kiley/Melton September 2011 Planning-Engineering-Operations Committee Meeting Thu, Sep 1 4:OOPM Melton/Collett Holiday Mon, Sep 5 7:30AM District Offices Closed Yorba Linda City Council Tue, Sep 6 6:30PM Hawkins MWDOC/MWD Workshop Wed, Sep 7 8:30AM Melton/Staff OCWD Board Wed, Sep 7 5:30PM Kiley/Staff Board of Directors Regular Meeting Thu, Sep 8 8:30AM WACO Fri, Sep 9 7:30AM Hawkins Pub Affairs-Communications-Tech Committee Meeting Fri, Sep 9 12:OOPM Hawkins/Melton Personnel-Risk Management Committee Meeting Tue, Sep 13 4:OOPM Kiley/Beverage Yorba Linda Planning Commission Wed, Sep 14 7:OOPM Kiley LCW Employment Workshop Thu, Sep 15 1:OOPM Kiley Exec-Admin-Organizational Committee Meeting Tue, Sep 20 4:OOPM Beverage/Hawkins Yorba Linda City Council Tue, Sep 20 6:30PM Melton MWDOC Board Wed, Sep 21 8:30AM Melton/Staff OCWD Board Wed, Sep 21 5:30PM Kiley/Staff Board of Directors Regular Meeting Thu, Sep 22 8:30AM Citizens Advisory Committee Meeting Mon, Sep 26 8:30AM Beverage Finance-Accounting Committee Meeting Mon, Sep 26 4:OOPM Collett/Kiley Joint Committee Meeting with MWDOC and OCWD Tue, Sep 27 4:OOPM Beverage/Hawkins Yorba Linda Planning Commission Wed, Sep 28 7:OOPM Collett 8/19/2011 2:33:58 PM