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2012-05-14 - Public Affairs-Communications-Technology Committee Meeting Agenda Packet
Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT PUB AFFAIRS-COMMUNICATIONS-TECH COMMITTEE MEETING Monday, May 14, 2012, 4:00 PM 1717 E Miraloma Ave, Placentia CA 92870 COMMITTEE STAFF Director Gary T. Melton, Chair Ken Vecchiarelli, General Manager Director Michael J. Beverage Art Vega, Interim IT Manager Cindy Botts, Management Analyst Derek Nguyen, Water Quality Engineer 1. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 2. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 2.1. Draft 2012 Water Quality Report Recommendation: That the Committee provide staff with any review comments; and recommend that the Board approve the 2012 Water Quality Report and authorize staff to print and distribute copies of this report to each customer receiving the District's water. 2.2. Cell Phone Service Consolidation Recommendation: That the Committee recommend the Board of Directors authorize the District to terminate services with AT&T and Sprint/Nextel and transfer these services to Verizon under the current Western States Contracting Alliance (WSCA) contract. 3. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 3.1. Computerized Maintenance and Management System Project Status 3.2. Sewer Facilities GIS Conversion Status (Verbal Report) 3.3. Proposed YLWD Bottled Water Policy 3.4. Future Use of Water Conservation Community Signage (Verbal Report) 3.5. Public Outreach Activities 3.6. Status of Strategic Plan Initiatives 3.7. Reschedule June PACT Committee Meeting Date 3.8. Future Agenda Items and Staff Tasks 4. ADJOURNMENT 4.1. The date and time of the next Public Affairs-Communications-Technology Committee meeting will be discussed under Item No. 3.7. Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 2.1 AGENDA REPORT Meeting Date: May 14, 2012 Budgeted: Yes To: Public Affairs-Communications- Cost Estimate: $4200 Technology Committee Funding Source: All Water Funds From: Ken Vecchiarelli, General Manager Presented By: Steve Conklin, Engineering Dept: Engineering Manager Reviewed by Legal: N/A Prepared By: Derek Nguyen, Water Quality CEQA Compliance: N/A Engineer Subject: Draft 2012 Water Quality Report SUMMARY: Since 1990, California public water utilities have been required to provide annual water quality reports to their customers. This report is also known as the Consumer Confidence Report which covers water quality testing and analysis from January to December of the previous calendar year. State and Federal laws require that this annual water quality report be sent to every customer by July 1 to ensure that customers are informed of the quality of their drinking water. STAFF RECOMMENDATION: That the Committee provide staff with any review comments; and recommend that the Board approve the 2012 Water Quality Report and authorize staff to print and distribute copies of this report to each customer receiving the District's water. DISCUSSION: State and Federal laws require that the District prepare an annual water quality report and distribute copies to its customers by July 1 of each year. This annual water quality report covers water quality monitoring, testing and analysis conducted from January to December of the previous calendar year. The purpose of this report is to inform consumers of the quality of the water they are receiving. In 2011 , the District conducted over 23,000 analyses to ensure that its water met all State and Federal drinking water regulations. In some cases, the District goes beyond what is required by State and Federal laws, by providing additional monitoring for contaminants of concern. Staff is pleased to report that the District has never violated any drinking water regulation from both the State and Federal standards. Attached is a draft copy of the District's 2012 Water Quality Report. PRIOR RELEVANT BOARD ACTION(S): In May 2011 , the Board of Directors approved and authorized distribution of the District's 2011 Water Quality Report to its customers ATTACHMENTS: Nam, Description: Type: YLWD 2012 Water Report.pdf Draft 2012 Water Quality Report Backup Material Your 2012 Water Quality Report Since 1990,California public water utilities have been providing annual Water Q Reports to their customers.This year's report also known as the"Consumer Confidence Report,"covers water quality testing from January to December 2011, The Yorba Linda Water District's annual Water Q,,lity Report Is prepared ,mpliance with the regulations called for in the 1996 authorizad,n of the Safe Drinking Water Act(SDWA).The reauthoriradon charged the United States Environmental Protection Agency (USEPA)with updating and strengthening the tap water regulatory program. IT EPA and the California Department of Public Health(CDPH)are the agencies responsible for establishing water quality standards.To ensure that your tap water is safe to drink, USEPA and CDPH prescribe regulations that limit the aoront.f certain contaminants in water provided by watersystems. The State and Federal governments require that this annual waterquality report be sent to every customer to insure that you are Informed of the quality of your water. The District is committed to safeguarding its water supply and,as in years past,the water delivered to your home meets the standards required by the state and federal regulatory agencies. In 2011,we conducted over 23,000 analyses to zone that your water is clean and safe to drink. We are proud to report that our water system has never violated any water quality standard from both the State and Federal drinking water regulations.In so s,the District goes beyond what is requ some providing additional monitoring for contaminants that may have health risks. We encourage you to read this report and to contact us with any questions you may have. What You Need to Know about Your Water, and How it May Affect You Water System Information Yorba Linda Water District is an independent special district that in water and sewer service to most of the City of Yorba Linda and to portions of Anaheim,Brea,Placentia and ,,,n,rp,,,t,d Orange County. For or,information about the District or your water service,please call Water quality Engineer Derel,Nguyen at 714.701.3115. 0 The Yorba Linde Water District Board of Directors regularly scheduled meetings are held on the second and fourth Thursday of each month at 8:30 a.m.In the District boardroom located at 1717 E.Mimloma Avenue,Placentia,California 92870 Sources of Supply The District's water supply is a blend of groundwater from our own wells and water imported from Northern California and the Colorado River by the Metropolitan Water District of Southern California(MWD).The source water for our wells is a natural aquifer that is replenished with water from the Santa Ana River,local rainfall and imported water.Managed by the Orange County Water District,the groundwater basin Is approximately 350 square miles in area and lies beneath most of northern and in Orange County,The Yorba Linda Water District and more `0`_ Y 99i N\tJ ll t \r /0 A ly r rr.p N o w n c � 0 0 G 3 9 G n y 2 CO � 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4eg44u 1w 4aa4em got pappe wep.tn!s!p et,1111 agi:(lgaw)la^al we411tmsla lenplsaa wnicuri 'alglseat All-ftiou,pat pue Allealw,u c a s se(s9lJ W all) s9Hd aql of asop se 4as age sglq Auewud'ua4em eupluup ui pamolle sl legl 4ueu!w muo,a to Icoal;sag2!g aql:(laW)lmal lusulweluo9 wnuai lry spucpuels Ai Ienb jaiem to sadAl 9u moll,}alit smogs uodaa sinp u uuega aql jaiem 2u 4u ap to soµIenb jpaftsae in ftleaf aawnsuoo tjatte Arm tell samumsgns 'ot stunt Its Hd07 Poo Vd3 s alit All pags,Igetsa sp'epurp,m 9uquu0 jsp2epue3S Alllenb 2aleM ate legM than 20 cities and retail rater district s pump from the groundwater basin to provide Radon Advisory water to homes and businesses.Your water source depends on where you live or Radon isa radioactive gas that you cannot see,taste,or smell.It is found throughout work within the boundaries of our community.To find out which water source is the world.Radon can move through the ground and intohomesthr,ugh cmck,,nd provided to your home or business,please visit the Water quality Division of the holes in the foundation. Radon can build up to high levels in all types of homes. District's website:http://www.ylwd.com/quality/index-quality,html Radon can also get into ind„r air when released from tap water from showering, washing dishes,and other household activities. Compared to radon entering the Local Groundwater(chlorine disinfection) homes through soil,radon entering the home through tap water will,in most cases, The District obtains approximately half of its water supplies from wells located with be a minor source of radon in indoor air. Radon is a known human carcinogen. in the District. The District's groundwater sources include: Well No.1,Well No. Breathing air containing radon can lead to lung cancer.Drinking water containing 5,Well No 7,Well No 10,Well No 12,Well N,.18 and Well No 19,which are lo- radon may also cause increased risk ofstomach cancer. Gated within Placenta city limits;and Well No.11 and Well No.15,which are located within Anaheim city limits If y,u are c,ncerned a bout radon,test the air in your h,me.Testing is inexpensive and easy.You may want to consider modification to your home if the level of radon iny,uralris4pic.Curiesperllterofair(pCi/L)orhigher Thereareamplewaysto fixamdonproblem that are not too costly.For additional information,you can call the EPA's Radon Hotline(800-SOS-Radon). The EPA proposed PACT for radon is 300 pCi/L.The proposal will provide flexibility to the states on how to limit exposure to radon by allowing states to focus efforts on the greatest radon risks-those in indoor air-while also reducing the risks from radon in drinking water.The states'option for radon compliance is as follows, First Option: States can choose to develop enhanced state programs to address the health risks from radon I n indoor al r.These programs are known as Multimedia Mitigation(MMM)Programs. Individual water systems reduce radon levels in drinking water to 4,000 pCa/L or lower. EPA is encouraging states to adopt this option because it is the most cost effective way to achieve the greatest radon risk reduction. Second Option: If a state chooses not to develop an MMM program,Individual water systems in that state would be required to either reduce radon in their system's drinking water to 300 pCi/L or develop individual local MMM programs and reduce levels In drinking water to 4,000 pCi/L. Fluoride The District does not add fluoride to its groundwater supplies.Naturally occurring Fluoride is present in the aquifer,but not at a level that provides dental health benefits. In 1995,the California Legislature passed a bill mandating that all large water agencies fluoridate their supplies,but only lithe state or"somebody"provided the agencies with the funds to do so.To date,the state has not come up with the funds to Implement Fluoridation. MWD commenced fluoridation of the drinking water it supplies to Southern California in November of 2007.The District purchases approximately half of its water from MWD. Because of MWD'.decision and the District's dual sources of water(groundwater and import),YLWD is faced with a situation where some of its customers will receive water Fluoridated by MWD,some will receive non-Fluoridated water,and some will receive a blend of fluoridated and non-fluoridated water. If you wish to know the approximate level of fluoride in your tap water,or specific water service area,please call Derek Nguyen,Water quality Engineer 714.701.3115.Additional information about the fluoridation ofdrinkingwatercan be found through the following sources: •U.S,Centers for Disease Control and Prevention,1-888-CDC-2306 ww.cdc.gov/Dralhealth/factsheet/fl-background.html •American Dental Association w.a d a.org/public/topics/fluoride/fl uor-li n la.htm I • American Water Works Association www.aw—mrg Special Risk Populations Some individuals may be more vulnerable to the effects of possible contaminants In drinking water than the general population. Persons who are undergoing chemotherapy,persons who have undergone organ transplants,some elderly persons,Infants,persons infected with HIV/AIDS,or persons with other immune system disorders can be particularly at risk. These persons should seek advice from their health care providers about ranking water. The USEPA/Center for Disease C,ntr,l guidelines,n appropriate means to lessen the risks of Infection by cryptosporidlum or other microbial contaminants are available from the Safe Drinking Water Hotline(1-800-426-4791). Imported Water (chloramine disinfection) The District obtains the remainder of the water from local wholesaler Municipal Water District of Orange County(MWDOC), MWDOC obtains water from regional supplier Metropolitan Water District of Southern California(MWD). MWD obtains water from northern California via the California Aqueduct,and from the Colomd, River via the Colorado River Aqueduct. MWD owns and operates the Robert B.Diemer water treatment Plant located just north of western Yorba Linda where the water is treated to meet it riniking water standards. Basic Information about Drinking Water Contaminants The sources of drinking water(both public tap water and bottled water)include rivers, all streams, ponds,reservoirs,springs,and groundwater. As water travels over the surface of the land or through the ground,it dissolves naturally occurring minerals and,in some cast',radioactive material.Water also picks up substances resulting from the presence of animals or from human activity. Drinking water,including bottled water,may reasonably be expected to contain at least small amounts of some contaminants.The presence of contaminants does not necessarily indicate that water poses a health risk. Contaminants That May Be Present In Source Water 4 Microbial contaminants,such as viruses and bacteria,which may come from wage treatment plants,septic systems,agricultural livestock operations,and wildlife. Cryptosp,ridium is microscopic organism that when ingested can use diarrhea,fever,and other gastrointestinal maladies.The organism comes from a sal and/,r human waste and may be found in surface(imported) water.Astandard treatment process that includes sedimentation,filtration,and disinfection can eliminate cryptosporidlum contamination. 6 Pesticides and herbicides that may come from a variety of sources such as agriculture,urban storm water runoff and residential uses. Inorganic contaminants,such as salts and or etals that can be naturally occurring or esult from than storm water runoff,Industrial or domestic wastewater discharges,oil and gas production,mining or farming. Organic chemical contaminants,including synthetic and volatile organic chemicals that are by-products of industrial processes and petroleum production, and can also come from gas stations,urban storm water runoff,agricultural application and septic systems. 4 Ra di.acd-mnta minants tha tcanbenaturallyoccurringorbetheresultof oil and gas production and mining activities. What are Water Quality Standards? - Onnkrig water standards established by the U.S EPA and CDPH set for substances that may affect consumer health or aesthetic qua)Nes of drinking water The chart n this report shows the following types of water quality standards, • Maximum Contaminant Level(MCL):The highest level of a contaminant that is allowed In drinking water.Primary MCLS are set as close to the PHGS �' J (oIArnum)Residual Dilnallyand technologically feasible.l-I ® Yorba Linda • Maximum Residual Disinfectant Level(MROL):The level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap. y e A Water District • Secondary MCLS are set to protect the odor,taste,and appearance of m a i D■s drinking water. c'd • Primary Drinking Water Standard: MCI,for contaminants that affect '� health along with their monitoring and reporting requirements and water y.�. a 2012 Water Quality Report treatment requirements. n•� c is • Regulatory Action Level(AL):The concentration of a contaminant,which, {: 'Y if exceeded,triggers treatment or other requirements that water system ? y must follow. R• ' f f r How are Contaminants Measured? ' d The DistrictsampIn,and tests itwatersources throughout the yea,Contaminants red n ' • are mlarts per on II'on(ppm)or milligrams per ter(mg/I) £ y (Sc • Parts per bllon(ppb)or micrograms per liter(pg/I) • Parts per trllon(ppt)or nonograms per liter(ng/I) Parts per million: Parts per billion: Parts per trillion: i' �, I.9 r;,✓! 1 second In 12 days 1 second in 32 years 10 drops in a Rose Bowl sized pool )penny in$10,000 1penny in 51Omillion lsecontl in 32,000 years 1 nh n 16 m Ies 1 inch n 160 critics n 16 million m yes � What is a Water Qua Ty I Goal? �=� _ �• In addition to mandatory water quality standards,U.S EPA and CDPH have set voluntary water quality goals for same contain nants Water quality goals are s`. often set at such low levels that they are not achievable n prachre and are not 7 x d rectly measurable Nevertheless,these goals provide useful guidance and - drecti.irt water managementpractices,The chart in this report includes three ' f types of water gnobly 011141 • Maximum Contaminant Level Goal(MCLG)The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLG,are set by U.S.EPA. • Maximum Residual Disinfectant Level Goal (MRDLG): The level of a G d s nfectant added for water treatment below which there is no known or 'q'� expected r'sktohealth,MRDLGSaresetby US EPA • Public Health Goals(PHG)The level of a contaminant n tricking water p )f below wh ch there s no known or expected risk to health PHGS are set by 111! the California Environmental Protection Agency Office of Environmental '^y'"'u,Ej. •!'�_t• t Health Hazard Assessment. Imported Water Assessment In December 2002,Metmpol'tan Water District of Southern Cal fern o(MWD) tinplated a source water assessment of its Colorado River and State Water r Pmjectsupples Colorado Rversupplesare consderedt0bemostvulnerableto contamination by recreational uses,urban/storm water runoff,industrial runoff, sing urbanization in the watershed and wastewater c0mamination. State Water Project supplies are considered to be most vulnerable to urban/storm water runoff,and wildlife,mgr culture,recreation and wastewater contain nation FI A copy of the assessment can be obtained by contacting MWD by phone at d ,;):t, r 213.217 6850 Groundwater Assessment The District completed an asses ment of is Wells No 1, �/ e 5,],lo,and 12 n January 19996 The wells are consdered most vulnerable tt comacur.ma produced by the follow rig aehv ties gas station dry metal plating/fin sh i ng/ 1 „ rrrI fabr caring plants,pl n/y th n producers,underground l�F UUP,1 n of commerc el/-ndustr al discharge,;undergmund storage tanks,agricultural dra rage,fertil'zatiln,pestic de and herbicide ap pl canon,automobile body and repair shops,and 'hem cal/petroleum pmcess ng/storage. ■ iii L Vulnerability assessments of potential sources of contamination for Wells 11 and 15 were completed in Apol 2003.These groundwater sources are nsidered most vulnerable to the following activities not associated with detected contaminants: chemical/petroleum processing/stomge; metal plating/finishing/fabricating;and plastics/synthetics production. A vulneability assessment of potential sources of contamination for Well 19 and Well 18 were completed in May 2004 and September 2005,respectively. The groundwater sources are considered most vulnemble to the following activities not a dated with detected contaminants:gas nations,dry cleaners; metalso plating/finishing/fabricating plants; plastic/synthetic producers; underground injection of commercial/industrial discharges; underground storage tanks;agricultural drainage;fertilization,pesticide and herbicide application;automobile-body and repair shops;sewer collection systems;food processing,and chemical/petroleum processing/rtoage. A copy of the complete assessment is available at Department Public of Health District ONice at 605 West Santa Ana Blvd.,Building 28,Room 325, Santa Ana,CA 92701. Measurements o order to ensure that tap water is safe to ddnk,EPA and CDPH prescdbe regulations that limit the amount of certain contaminants in water provided by public water systems. The tables below list all the ddnking water contaminants that the District detected dudng the 2010 calendar year. The presence of these contaminants in the water does not nece,,adly indicate that the water poses a health dsk. Unless otherwise noted,the data presented in this table is from testing done for the pedod January 1 through December 31,2010. The CDPH requires monitoring for certain contaminants less often than every yearbecause the concentrations of these contaminants are not expected tosary significantlyfromyeartoyear.Thus, some of the data,though representative of current water quality,is more than one year old.The Dirt ict commas with state certified,independent laboratories to perform most of the District's water quality testing. 2011 Y®RBA LINDA WATER DISTRICT Groundwater Quality R. Most Relent Chemical ■.-I Detenns SnmPling lotions?.'Picnl Saone of Cnntnminnnt Dote RADTOLC MCL (MRDWMRDLG) IIIIIIIIII•IIIIII ® ® ® ®® (4/4) 1.59 0.45-?.k0 No D-ok,tnot Added kr Treatment Bolo,--,Acid,(ppb) 60 19A 4.1-45.1 No By pradn-of Chlorine D-of-,ao Tatal Toh,4 m thnnes(ppb) k0 41.9 15.1-65.7 No By product,of Chlorine Di,inkrnon A-l-,,QunIn, Cola,(non') IIIIIIIIII•IIII ® ® ® ®® Turbidity Own) 5* 0.11 0.10-0,22 No Hro,ion ofnnturnl dcpo t, Oda(TON) 3* NO ND-1 No Hro,ion ofnnturnl dcpo t, Microbiolo�ncnl Tatnl Cahfi o,(non-kwl ahf�oon 5% NO NO No Nnturnlly pre,ent in environment ® ® ® ®® ® ® ® ®® ® ® ® ® ®® ®IIIIIIIII. ® ®® ® ®1111111 ® ® ® ®® SECONDARY STANI)ARDS ® ® ® ®® ® ® ® ®® ® ® ®IIIIIIII, SECONDARY STANI)ARDS ®® ® ® ® ®® ® ® ® ®® ' ® ® ® ®® 111111® ®® ® ®® ®® ® ® ® ® ®® IIIIIIIIII• ® © ® ®® ® ® ® ®® IIIIIIII®111111 ® ® ®® ® ® ® ® ®® ® ® ® ®® ® ® ® ® IIIIIIII®111111 ® ® ® ®® ® ® ® ®® ® ® © ©® ® IIIIIIII® ® ® ®® IIIIIIII® ® ® ®® ABBREVIATIONS PPI P P 'I[[- PP P P [[ PC L P P 1- Ph[ I d- - \S d d\D d...d t 'PI-.I1 ''W—d' crag,[ h d. 1 j p gp p 1LCL if C L. [1LCLC Jd. 11A7 G [FLIG Calf rnia PtA[ic Health Gol,TOY-Threth[d Od,V-1 C minant it glaredI odor,',0". 2011 YORBA LINDA WATER DISTRICT Distribution Svstem Water Qualitv Disinfection-hy-Products MCL (MRDWMRDLG) Average Amnnnt Rnnge W Detections MCL Violations? Typical Snnne of Cnntnminnnt Chlorine R—dunl(ppm) (4/4) 1.59 0.45-?.k0 No D-ok,tnot Added kr Treatment Bolo,--,Acid,(ppb) 60 19A 4.1-45.1 No By pradn-of Chlorine D-of-,ao Tatal Toh,4 m thnnes(ppb) k0 41.9 15.1-65.7 No By product,of Chlorine Di,inkrnon A-l-,,QunIn, Cola,(non') IS* NO NO-5.0 No Erosion ofnnturnl deposit, Turbidity Own) 5* 0.11 0.10-0,22 No Hro,ion ofnnturnl dcpo t, Oda(TON) 3* NO ND-1 No Hro,ion ofnnturnl dcpo t, Microbiolo�ncnl Tatnl Cahfi o,(non-kwl ahf�oon 5% NO NO No Nnturnlly pre,ent in environment 12 1—a...- h d-tt,d a ettdg ,tart[for—1 T,;has—,thanetand Ha[oacetic -dt,37 1—a—, ,,tatted month(for color odor da,h,da,WRDL W",--R,,0-1 Retulual D-1 errant Lete1;ND of detected,WRDLG Wanmur R ;dual Disinfectant Lete1 Goa['a, n,h,some I-bin unit["Contaminant it �egu[med Av Lead and Copper Action Levels at Residential Taps Action Letel Ilealth 90th Percentile Sites Exceeding AL Chemicnl (AL) Goal Vnloe Sample A (NICE Amonnt Decions Violatn? T Ip1°I S, re f Cnnminnnt RADTOLOGTCAL ®®®®® NOTE: Etert th-e 1. 3 d. df t th,ttT Th. p[gp d X111..—d—,d Sp-1 2012—d ndl 1 p d /u(v 013.Lead [detected in np[et,nonce eded the Action LeteI.Copper w t detected in 3. pit re ededlhe A,a-Lel.Theregulat onler1-he m which,1 ..dad inmo.e th enpe�cent ofh [tatted,t,gg. vtment o� h. ,q n�vnent h oat mnnfo[[ow.Thel'orha Linda Water Ding ict complied with the lead and copper action[eve[s 2011 METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Treated Surface Water PIIG nr Average Range of MCL (NICE Amonnt Decions Violatn? T Ip1°I S, re f Cnnminnnt RADTOLOGTCAL ® ® ® ®® ® ® ® ®® ® ® ® ®® ® ® ® ®® ® ® ® ® ®® ®IIIIIIIII. ® ®® ® ® © ®® SECONDARY STANI)ARDS ® ® ® ®® ® ® ® ®® ® ® ®IIIIIIII, ®® ® ® ® ®® ® ® ® ®® ' ® ® ® ®® ® ® ® ®® ® ® ® ® ®® ® ® ® ®® ® ® ® ®® ® ® ® ®® ® ® ® ® ® ® ® ®® ® ® © ©® ® ® ® ®® By-padn,taldookiog—t. 1,4 i au ABBREVIATIONS: AI=agg,,--index;AL=action level;,l L=marvnum contaminan0 evel;i 117LG=manmum eontarninantl evel goal;n/a=not ppl-hs,ND=not detected;NL= not>ficat on level;NZTJ=nephelomeme vubidiry unit,;NL=Nohficat on Level;pCJL=picocunes per liter;PAC=Public Aealrh Coal;ppb=pans per billion or micrograms per la,1,,L);ppm=par p v,dh-o,r,dhg nrntper la,0,,,L);ppt=Pa,pr dlion or nanogrmntper la,(,,L);p V— ,S-- .. et, mnho per—a—ter(pmho/) ITEM NO. 2.2 AGENDA REPORT Meeting Date: May 14, 2012 Budgeted: No To: Public Affairs-Communications- Technology Committee From: Ken Vecchiarelli, General Manager Presented By: Art Vega, Acting IT Manager Dept: Information Technology Reviewed by Legal: No Prepared By: Art Vega, Acting IT Manager CEQA Compliance: N/A Subject: Cell Phone Service Consolidation SUMMARY: The District currently has cell phone service with AT&T, Sprint/Nextel and Verizon. The PACT Committee in the past has expressed their preference to consolidate cell phone service to only one carrier. In addition, the east side of the District has always been a problem area for Nextel/Sprint phones and their push-to-talk walkie-talkie service. Staff has expressed their desire for improved cell phone and push-to-talk service coverage. Staff has researched all three carriers and recommends terminating cell phone services with AT&T and Sprint/Nextel and transferring these services to Verizon. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors authorize the District to terminate services with AT&T and Sprint/Nextel and transfer these services to Verizon under the current Western States Contracting Alliance (WSCA) contract. DISCUSSION: The District has cell phone, push-to-talk and data plans services on 3 different carriers. These carriers are AT&T, Sprint/Nextel, and Verizon. Below is a summary and breakdown of the number of cell phones.from each carrier: Vendor Number of Push-to- Number of Smart Phones with Data talk/cell phones Plan AT&T* 0 *** 4 Sprint/Nextel 45 3 Verizon* 0 3 Verizon** 45 10 * Current ** Proposed *** Does not provide this service Staff who use push-to-talk capable cell phones have expressed their preference to keep this service as well as normal cell phone service. They have also expressed their discontent with Sprint/Nextel's push-to-talk and cell phone coverage most notably on the east side of the District. Over the past several years IT staff has met with Sprint/Nextel regarding these coverage issues in the District area. Unfortunately, there has been no noticeable improvements in their coverage over the years. Verizon launched their 3rd attempt at push-to-talk service last year and has been successfully running this service for over a year. Furthermore, Sprint/Nextel is losing some of the channels in their 800Mhz radio frequency band they use to transmit and receive cell phone service. The U.S. Federal Communications Commission (FCC) has mandated this to eliminate radio interference with thousands of public safety agencies across the country that regularly use that same frequency. This act by the FCC further puts Sprint's/Nextel push-to-talk coverage and service in question in the future. The District acquired push-to-talk capable demo cell phones from Verizon. Operations staff received them to test the east side of the District. Feed back from staff indicated that the push-to-talk and cell phone service from these demo units were superior to the Sprint/Nextel service they currently have and recommended switching to Verizon. Attached for the Committee to review is the WSCA Master cell phone contract plus the California WSCA addendum. The District is able to take advantage of these purchasing agreements negotiated by WSCA member states. Furthermore, you will also find a WSCA based quote and rate plan from Verizon. The actual number of phones transfered may be lower due to management still determining the need for their own cell phones as tablets are being considered as a replacement. STRATEGIC PLAN: OE 1-A: Identify the Current Functionality of Existing Technology and Determine if it is Being Utilized to Full Capacity ATTACHMENTS: Name: Description: Type: WSCA Master VerizonContract1523.pdf WSCA Master Verizon Contract Backup Material Cal iforniaAddendum.pdf WSCA California Addendum Backup Material Verizon WSCA cell phone rates plans quote .pdf Verizon WSCA Rates&Plan quote Backup Material For Purchasing Use Only: RFP/CONTRACT#1523 CONTRACT FOR SERVICES OF INDEPENDENT CONTRACTOR A Contract Between the State of Nevada Acting By and Through Its Various State Agencies Monitored By: Department of Administration Purchasing Division 515 E Musser Street,Room 300 Carson City NV 89701 Contact:Teri Smith,Senior Buyer Phone: (775)684-0178 •Fax:(775)684-0188 Email: tlsmith niDi)urchasing.state.nv.us And Verizon Wireless 255 Parkshore Drive Folsom CA 95630 Contact: Chris Rock,National Account Manager Phone: (916)357-2442 Email: Chris.Rock(iDVerizonWireless.com WHEREAS,NRS 284.173 authorizes elective officers,heads of departments,boards, commissions or institutions to engage, subject to the approval of the Board of Examiners,services of persons as independent contractors;and WHEREAS,it is deemed that the service of Contractor is both necessary and in the best interests of the State of Nevada; NOW,THEREFORE,in consideration of the aforesaid premises,the parties mutually agree as follows: 1.REQUIRED APPROVAL. This Contract shall not become effective until and unless approved by the Nevada State Board of Examiners. 2. DEFINITIONS. "State"means the State of Nevada and any state agency identified herein, its officers, employees and immune contractors as defined in NRS §41.0307. "Independent Contractor"means a person or entity that performs services and/or provides goods for the State under the terms and conditions set forth in this Contract. "Fiscal Year"is defined as the period beginning July 1 and ending June 30 of the following year. 3.CONTRACT TERM. This Contract shall be effective upon Board of Examiners'approval(anticipated to be October 10, 200 to October 9,2010,unless sooner terminated by either party as specified in paragraph(9). 4.NOTICE. Unless otherwise specified,termination shall not be effective until 60 calendar days after a party has served written notice of default,or without cause upon the other party. All notices or other communications required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if delivered personally in hand,by telephonic facsimile with simultaneous regular mail,or mailed certified mail,return receipt requested,postage prepaid on the date posted, and addressed to the other party at the address specified above. 5. INCORPORATED DOCUMENTS. The parties agree that the scope of work shall be specifically described; this Contract incorporates the following attachments in descending order of constructive precedence; a Contractor's Attachment shall not contradict or supersede any State specifications,terms or conditions without written evidence of mutual assent to such change appearing in this Contract: ATTACHMENT AA: STATE SOLICITATION(RFP#1523)and AMENDMENTS 1 &2;SCOPE OF WORK ATTACHMENT BB: NEGOTIATED ITEMS ATTACHMENT CC: CONTRACTOR'S RESPONSE 6. CONSIDERATION. The parties agree that Contractor will provide the services specified in paragraph(5)at a cost of 18% discount off all retail service plans with a monthly access fee of$34.99 or more with active subscriber lines from all Approved 05108102 Revised 08103 Page 1 of8 8 z''i participating entities of at least 15,000;25%discount off retail price of accessories;and with active subscriber lines from all participating entities of at least 10,000 equipment to be provided pursuant to the Corporate Equipment Matrix with the total Contract or installments payable: Monthly upon receipt of vendor statement,not to exceed$2,000,000.00. The State does not agree to reimburse Contractor for expenses unless otherwise specified in the incorporated attachments. The contractual authority,as identified by the not to exceed amount,does not obligate the State of Nevada to expend funds or purchase goods or services up to that amount;the purchase amount will be controlled by the individual using agency's purchase orders or other authorized means of requisition for services and/or goods as submitted to and accepted by the contractor. Any intervening end to a biennial appropriation period shall be deemed an automatic renewal (not changing the overall Contract term)or a termination as the results of legislative appropriation may require. 7. ASSENT. The parties agree that the terms and conditions listed on incorporated attachments of this Contract are also specifically a part of this Contract and are limited only by their respective order of precedence and any limitations specified. 8.TIIVIELINESS OF BILLING SUBMISSION. The parties agree that timeliness of billing is of the essence to the contract and recognize that the State is on a fiscal year. All billings for dates of service prior to July 1 must be submitted to the State no later that the first Friday in August of the same year. A billing submitted after the first Friday in August,which forces the State to process the billing as a stale claim pursuant to NRS 353.097,will subject the Contractor to an administrative fee not to exceed $100.00. The parties hereby agree this is a reasonable estimate of the additional costs to the State of processing the billing as a stale claim and that this amount will be deducted from the stale claim payment due to the Contractor. 9.INSPECTION&AUDIT. a.Books and Records. Contractor agrees to keep and maintain under generally accepted accounting principles(GAAP)full, true and complete records, contracts, books, and documents as are necessary to fully disclose to the State or United States Government,or their authorized representatives,upon audits or reviews,sufficient information to determine compliance with all state and federal regulations and statutes. b. Inspection&Audit. Contractor agrees that copies of the relevant books,records(written,electronic,computer related or otherwise), including, without limitation, relevant accounting procedures and practices of Contractor or its subcontractors, financial statements and supporting documentation, and documentation related to the work product shall be subject, at any reasonable time and upon reasonable notice,to inspection,examination,review,audit,and copying at any office or location of Contractor where such records may be found, with or without notice by the State Auditor, the relevant state agency or its contracted examiners,the Department of Administration,Budget Division,the Nevada State Attorney General's Office or its Fraud Control Units, the State Legislative Auditor, and with regard to any federal funding,the relevant federal agency,the Comptroller General, the General Accounting Office, the Office of the Inspector General, or any of their authorized representatives. All subcontracts shall reflect requirements of this paragraph. c. Period of Retention. Copies of all books, records, reports, and statements relevant to this Contract must be retained a minimum three years and for five years if any federal funds are used in the Contract. The retention period runs from the date of payment for the relevant goods or services by the State,or from the date of termination of the Contract,whichever is later. Retention time shall be extended when an audit is scheduled or in progress for a period reasonably necessary to complete an audit and/or to complete any administrative and judicial litigation which may ensue. 10.CONTRACT TERMINATION. a. Termination Without Cause. Any discretionary or vested right of renewal notwithstanding, this Contract may be _ terminated upon written notice by mutual consent of both parties or unilaterally by either party without cause. b. State Termination for Nonappropriation. The continuation of this Contract beyond the current biennium is subject to and contingent upon sufficient funds being appropriated,budgeted,and otherwise made available by the State Legislature and/or federal sources. The State may terminate this Contract, and Contractor waives any and all claim(s) for damages, effective immediately upon receipt of written notice(or any date specified therein)if for any reason the Contracting Agency's funding from State and/or federal sources is not appropriated or is withdrawn,limited,or impaired. c. Cause Termination for Default or Breach. A default or breach may be declared with or without termination. This Contract may be terminated by either party upon written notice of default or breach to the other party as follows: i. If Contractor fails to provide or satisfactorily perform,in any material respect,any of the conditions,work,deliverables, goods,or services called for by this Contract within the time requirements specified in this Contract or within any granted extension of those time requirements;or ii. If any state,county,city or federal license,authorization,waiver,permit,qualification or certification required by statute, ordinance,law,or regulation to be held by Contractor to provide the goods or services required by this Contract is for any reason denied,revoked,debarred,excluded,terminated,suspended,lapsed,or not renewed;or iii. If Contractor becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily subject to the jurisdiction of the bankruptcy court;or Approved 05108102 Revised 08103 Page 2 of 8 iv. If the State materially breaches any material duty under this Contract and any such breach impairs Contractor's ability to perform;or v.If it is found by the State that any quid pro quo or gratuities in the form of money, services, entertainment, gifts, or otherwise were offered or given by Contractor,or any agent or representative of Contractor,to any officer or employee of the State of Nevada with a view toward securing a contract or securing favorable treatment with respect to awarding, extending,amending,or making any determination with respect to the performing of such contract;or vi. If it is found by the State that Contractor has failed to disclose any material conflict of interest relative to the performance of this Contract. d.Time to Correct.Termination upon a declared default or breach may be exercised only after service of formal written notice as specified in paragraph (4), and the subsequent failure of the defaulting party within 15 calendar days of receipt of that notice to provide evidence,satisfactory to the aggrieved party,showing that the declared default or breach has been corrected. e. Winding Up Affairs Upon Termination. In the event of termination of this Contract for any reason,the parties agree that the provisions of this paragraph survive termination: i. The parties shall account for and properly present to each other all claims for fees and expenses and pay those which are undisputed and otherwise not subject to set off under this Contract. Neither party may withhold performance of winding up provisions solely based on nonpayment of fees or expenses accrued up to the time of termination; ii. Contractor shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if necessary) if so requested by the Contracting Agency; iii.Contractor shall execute any documents and take any actions necessary to effectuate an assignment of this Contract if so requested by the Contracting Agency; iv. Contractor shall preserve,protect and promptly deliver into State possession all proprietary information in accordance with paragraph(21). 11.REMEDIES. Except as otherwise provided for by law or this Contract,the rights and remedies of the parties shall not be exclusive and are in addition to any other rights and remedies provided by law or equity, including,without limitation, actual damages,and to a prevailing party reasonable attorneys'fees and costs. It is specifically agreed that reasonable attorneys'fees shall include without limitation $125 per hour for State-employed attorneys. The State may set off consideration against any unpaid obligation of Contractor to any State agency in accordance with NRS 353C.190. 12.LIMITED LIABILITY. The State will not waive and intends to assert available NRS chapter 41 liability limitations in all cases. Contract liability of both parties shall not be subject to punitive damages. Liquidated damages shall not apply unless otherwise specified in the incorporated attachments. Damages for any State breach shall never exceed the amount of funds appropriated for payment under this Contract,but not yet paid to Contractor,for the fiscal year budget in existence at the time of the breach. Damages for any Contractor breach shall not exceed 150% of the contract maximum "not to exceed" value. Contractor's tort liability for actual damages,not including liquidated,special or punitive damages exempted above,shall not be limited. 13.FORCE MAJEURE. Neither party shall be deemed to be in violation of this Contract if it is prevented from performing any of its obligations hereunder due to strikes, failure of public transportation, civil or military authority, act of public enemy, accidents,fires,explosions,or acts of God,including,without limitation,earthquakes,floods,winds,or storms. In such an event the intervening cause must not be through the fault of the party asserting such an excuse,and the excused party is obligated to promptly perform in accordance with the terms of the Contract after the intervening cause ceases. 14. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall indemnify,hold harmless and defend,not excluding the State's right to participate,the State from and against all liability,claims,actions,damages,losses,and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of any alleged negligent or willful acts or omissions of Contractor,its officers,employees and agents. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHICH ARE INCURRED BY THE OTHER PARTY AND WHICH ARISE OUT OF ANY ACT OR FAILURE TO ACT RELATING TO THIS AGREEMENT, AND IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR PUNITIVE DAMAGES. IN NO EVENT SHALL VERIZON WIRELESS BE LIABLE FOR LOSSES, DAMAGES, OR CLAIMS ARISING OUT OF THE STATE OF NEVADA'S USE OR ATTEMPTED USE OF 911 OR E911 SERVICE, NOR SHALL VERIZON WIRELESS BE LIABLE FOR THE STATE OF NEVADA'S INABILITY TO ACCESS 911 OR E911 SERVICE. 15.INDEPENDENT CONTRACTOR. Contractor is associated with the State only for the purposes and to the extent specified in this Contract,and in respect to performance of the contracted services pursuant to this Contract,Contractor is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise,manage, operate, control,and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture,to create relationships of an employer-employee or principal- Approved 05108102 Revised 08103 Page 3 of 8 agent,or to otherwise create any liability for the State whatsoever with respect to the indebtedness,liabilities,and obligations of Contractor or any other party. Contractor shall be solely responsible for,and the State shall have no obligation with respect to: (1)withholding of income taxes, FICA or any other taxes or fees; (2)industrial insurance coverage; (3) participation in any group insurance plans available to employees of the State;(4)participation or contributions by either Contractor or the State to the Public Employees Retirement System;(5)accumulation of vacation leave or sick leave;or(6)unemployment compensation coverage provided by the State. Contractor shall indemnify and hold State harmless from,and defend State against,any and all losses, damages, claims, costs,penalties, liabilities, and expenses arising or incurred because of,incident to,or otherwise with respect to any such taxes or fees. Neither Contractor nor its employees,agents,or representatives shall be considered employees, agents,or representatives of the State.The State and Contractor shall evaluate the nature of services and term negotiated in order to determine "independent contractor" status and shall monitor the work relationship throughout the term of the Contract to ensure that the independent contractor relationship remains as such. To assist in determining the appropriate status(employee or independent contractor),Contractor represents as follows: Contractor's Initials YES NO 1. Does the Contracting Agency have the right to require control of when,where < � and how the independent contractor is to work? 2. Will the Contracting Agency be providing training to the independent contractor? 3. Will the Contracting Agency be furnishing the independent contractor with worker's space,equipment,tools,supplies or travel expenses? (j 4. Are any of the workers who assist the independent contractor in performance of his/her duties employees of the State of Nevada? (� 5. Does the arrangement with the independent contractor contemplate continuing / or recurring work (even if the services are seasonal, part-time, or of short (� duration)? 6. Will the State of Nevada incur an employment liability if the independent contractor is terminated for failure to perform? 7. Is the independent contractor restricted from offering his/her services to the general public while engaged in this work relationship with the State? 16. INSURANCE SCHEDULE.Unless expressly waived in writing by the State,Contractor, as an independent contractor and not an employee of the State, must carry policies of insurance in amounts specified in this Insurance Schedule and pay all taxes and fees incident hereunto. The State shall have no liability except as specifically provided in the Contract. The Contractor shall not commence work before: 1)Contractor has provided the required evidence of insurance to the Contracting Agency of the State,and 2)The State has approved the insurance policies provided by the Contractor. Prior approval of the insurance policies by the State shall be a condition precedent to any payment of consideration under this Contract and the State's approval of any changes to insurance coverage during the course of performance shall constitute an ongoing condition subsequent this Contract. Any failure of the State to timely approve shall not constitute a waiver of the condition. Insurance Coverage: The Contractor shall, at the Contractor's sole expense, procure, maintain and keep in force for the duration of the Contract the following insurance conforming to the minimum requirements specified below. Unless specifically specified herein or otherwise agreed to by the State, the required insurance shall be in effect prior to the commencement of work by the Contractor and shall continue in force as appropriate until the latter of- 1.Final acceptance by the State of the completion of this Contract;or 2. Such time as the insurance is no longer required by the State under the terms of this Contract. Any insurance or self-insurance available to the State shall be excess of and non-contributing with any insurance required from Contractor. Contractor's insurance policies shall apply on a primary basis as it relates to Contractor negligence. Until such time as the insurance is no longer required by the State, Contractor shall provide the State with renewal or replacement evidence of insurance within ten(10)business days after the expiration or replacement of the required insurance. If at any time during the period when insurance is required by the Contract, an insurer or surety shall fail to comply with the requirements of Approved 05108102 Revised 08103 Page 4 of 8 this Contract, as soon as Contractor has knowledge of any such failure, Contractor shall immediately notify the State and immediately replace such insurance or bond with an insurer meeting the requirements. Workers'Compensation and Employer's Liability Insurance 1) Contractor shall provide proof of worker's compensation insurance as required of Nevada Revised Statutes Chapters 616A through 616D inclusive. 2) Employer's Liability insurance with a minimum limit of$500,000 each employee per accident for bodily injury by accident or disease. If this contract is for temporary or leased employees, an Alternate Employer endorsement must be attached to the Contractor's workers'compensation insurance policy. 3) If the Contractor qualifies as a sole proprietor as defined in NRS Chapter 616A.310, and has elected to not purchase industrial insurance for himself/herself, the sole proprietor must submit to the contracting State agency a fully executed"Affidavit of Rejection of Coverage Under NRS 61613627 and NRS 617.210"form. Commercial General Liability Insurance 1) Minimum Limits required: $2,000,000.00 General Aggregate $1,000,000.00 Products&Completed Operations Aggregate $ Personal and Advertising Injury $1,000,000.00 Each Occurrence 2) Coverage shall be on an occurrence basis and shall be at least as broad as ISO 1996 form CG 00 01 (or a substitute form providing equivalent coverage); and shall cover liability arising from premises, operations, independent contractors, completed operations, personal injury,products, civil lawsuits, Title VII actions and liability assumed under an insured contract(including the tort liability of another assumed in a business contract). Business Automobile Liability Insurance 1) Minimum Limit required: $Waived Each Occurrence for bodily injury and property damage. 2) Coverage shall be for"any auto"(including owned,non-owned and hired vehicles). The policy shall be written on ISO form CA 00 01 or a substitute providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage. Professional Liability Insurance 1) Minimum Limit required: $Waived Each Claim 2) Retroactive date: Prior to commencement of the performance of the contract 3) Discovery period:Three(3)years after termination date of contract. 4) A certified copy of this policy may be required. Umbrella or Excess Liability Insurance 1) May be used to achieve the above minimum liability limits. 2) Shall be endorsed to state it is"As Broad as Primary Policy" Commercial Crime Insurance Minimum Limit required: $Waived Per Loss for Employee Dishonesty This insurance shall be underwritten on a blanket form amending the definition of"employee"to include all employees of the Vendor regardless of position or category. Performance Security Amount required: $Waived 1) Security may be in the form of surety bond, Certificate of Deposit or Treasury Note payable to the State of Nevada,only. 2) The security shall be deposited with the contracting State agency no later than ten(10)working days following award of the Contract to Contractor. 3) Upon successful Contract completion, the security and all interest earned, if any, shall be returned to the Contractor. General Requirements: Approved 05108102 Revised 08103 Page 5 of 8 a. Additional Insured: By endorsement to the general liability insurance policy evidenced by Contractor, The State of Nevada,Department of Administration, its officers, employees and immune contractors as defined in NRS41.0307 shall be named as additional insured for all liability arising from the Contract. b. Waiver of Subrogation: Each liability insurance policy shall provide for a waiver of subrogation as to additional insured. c. Cross-Liability: All required liability policies shall provide cross-liability coverage as would be achieve under the standard ISO separation of insured clause. d. Deductibles and Self-Insured Retentions: Contractor shall not be relieved from the obligation to pay any deductible or self-insured retention. e. Policy Cancellation: Except for ten days notice for non-payment of premium,each insurance policy shall be endorsed to state that; without thirty(30)days prior written notice to the State of Nevada, c/o Contracting Agency,the policy shall not be canceled, and shall provide that notices required by this paragraph shall be mailed to the address shown below. f. Approved Insurer: Each insurance policy shall be: 1) Issued by insurance companies authorized to do business in the State of Nevada or eligible surplus lines insurers acceptable to the State and having agents in Nevada upon whom service of process may be made,and 2) Currently rated by A.M.Best as"A- VII"or better. Evidence of Insurance: Prior to the start of any Work,Contractor must provide the following documents to the contracting State agency: 1) Certificate of Insurance: The Acord 25 Certificate of Insurance form or a form substantially similar must be submitted to the State to evidence the insurance policies and coverage required of Contractor. 2) Additional Insured Endorsement: An Additional Insured Endorsement(CG20 10 or C20 26),signed by an authorized insurance company representative,must be submitted to the State to evidence the endorsement of the State as an additional insured per General Requirements,Subsection a above. 3) Schedule of Underlying Insurance Policies: If Umbrella or Excess policy is evidenced to comply with minimum limits, a copy of the Underlying Schedule from the Umbrella or Excess insurance policy may be required. Review and Approval: Documents specified above must be submitted for review and approval by the State prior to the commencement of work by Contractor. Neither approval by the State nor failure to disapprove the insurance furnished by Contractor shall relieve Contractor of Contractor's full responsibility to provide the insurance required by this Contract. Compliance with the insurance requirements of this Contract shall not limit the liability of Contractor or its sub- contractors, employees or agents to the State or others, and shall be in addition to and not in lieu of any other remedy available to the State under this Contract or otherwise. Mail all required insurance documents to the Contracting Agency identified on page one of the contract. 17. COMPLIANCE WITH LEGAL OBLIGATIONS. Contractor shall procure and maintain for the duration of this Contract any state, county, city or federal license, authorization, waiver, permit, qualification or certification required by statute, - ordinance,law,or regulation to be held by Contractor to provide the goods or services required by this Contract. Contractor will be responsible to pay all taxes,assessments,fees,premiums,permits,and licenses required by law. Real property and personal property taxes are the responsibility of Contractor in accordance with NRS 361.157 and 361.159. Contractor agrees to be responsible for payment of any such government obligations not paid by its subcontractors during performance of this Contract. The State may set-off against consideration due any delinquent government obligation in accordance with NRS 353C.190. 18. WAIVER OF BREACH. Failure to declare a breach or the actual waiver of any particular breach of the Contract or its material or nonmaterial terms by either party shall not operate as a waiver by such party of any of its rights or remedies as to any other breach. 19. SEVERABILITY. If any provision contained in this Contract is held to be unenforceable by a court of law or equity,this Contract shall be construed as if such provision did not exist and the nonenforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 20. ASSIGNMENT/DELEGATION. To the extent that any assignment of any right under this Contract changes the duty of either party,increases the burden or risk involved,impairs the chances of obtaining the performance of this Contract,attempts to operate as a novation, or includes a waiver or abrogation of any defense to payment by State, such offending portion of the assignment shall be void,and shall be a breach of this Contract. Contractor shall neither assign,transfer nor delegate any rights, obligations or duties under this Contract without the prior written consent of the State. Approved 05108102 Revised 08103 Page 6 of 8 21. STATE OWNERSHIP OF PROPRIETARY INFORMATION. Any reports,histories, studies,tests,manuals, instructions, photographs, negatives, blue prints, plans, maps, data, system designs, computer code (which is intended to be consideration under the Contract), or any other documents or drawings, prepared or in the course of preparation by Contractor (or its subcontractors)in solely and exclusively in the performance of its obligations under this Contract shall be the exclusive property of the State and all such materials shall be delivered into State possession by Contractor upon completion, termination, or cancellation of this Contract.Contractor shall not use,willingly allow,or cause to have such materials used for any purpose other than performance of Contractor's obligations under this Contract without the prior written consent of the State. Notwithstanding the foregoing,the State shall have no proprietary interest in any materials licensed for use by the State that are subject to patent, trademark or copyright protection. 22.PUBLIC RECORDS. Pursuant to NRS 239.010,information or documents received from Contractor may be open to public inspection and copying. The State will have the duty to disclose unless a particular record is made confidential by law or a common law balancing of interests. Contractor may label specific parts of an individual document as a "trade secret" or "confidential" in accordance with NRS 333.333,provided that Contractor thereby agrees to indemnify and defend the State for honoring such a designation. The failure to so label any document that is released by the State shall constitute a complete waiver of any and all claims for damages caused by any release of the records. 23. CONFIDENTIALITY. Contractor shall keep confidential all information,in whatever form,produced,prepared,observed or received by Contractor to the extent that such information is confidential by law or otherwise required by this Contract. 24.FEDERAL FUNDING. In the event federal funds are used for payment of all or part of this Contract: a. Contractor certifies,by signing this Contract,that neither it nor its principals are presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency. This certification is made pursuant to the regulations implementing Executive Order 12549, Debarment and Suspension,28 C.F.R.pt.67,§67.510,as published as pt.VII of the May 26, 1988,Federal Register(pp. 19160-19211),and any relevant program-specific regulations. This provision shall be required of every subcontractor receiving any payment in whole or in part from federal funds. b. Contractor and its subcontractors shall comply with all terms, conditions, and requirements of the Americans with Disabilities Act of 1990(P.L. 101-136),42 U.S.C. 12101, as amended, and regulations adopted thereunder contained in 28 C.F.R.26.101-36.999,inclusive,and any relevant program-specific regulations. c. Contractor and its subcontractors shall comply with the requirements of the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, P.L. 93-112, as amended, and any relevant program-specific regulations, and shall not discriminate against any employee or offeror for employment because of race,national origin,creed,color,sex,religion,age, disability or handicap condition(including AIDS and AIDS-related conditions.) 25. LOBBYING The parties agree, whether expressly prohibited by federal, State or local law, or otherwise,that no funding associated with this contract will be used for any purpose associated with or related to lobbying or influencing or attempting to lobby or influence for any purpose the following: a. Any federal,state,county or local agency,legislature,commission,counsel or board; b. Any federal, state, county or local legislator, commission member, counsel member, board member, or other elected official;or c. Any officer or employee of any federal,state,county or local agency;legislature,commission,counsel or board. 26.WARRANTIES. a. General Warranty. Contractor warrants that all services, deliverables, and/or work product under this Contract shall be completed in a workmanlike manner consistent with standards in the trade,profession,or industry;shall conform to or exceed the specifications set forth in the incorporated attachments;and shall be fit for ordinary use,of good quality,with no material defects. b. System Compliance. Contractor warrants that the Cellular Mobile Radio Services(as that term is defined by the Federal Communications Commission)shall not experience abnormally ending and/or invalid and/or incorrect results. This warranty includes,without limitation,century recognition,calculations that accommodate same century and multicentury formulas and data values and date data interface values that reflect the century. Pursuant to NRS 41.0321,the State is immune from liability due to any failure of any incorrect date being produced,calculated or generated by a computer or other information system. 27.PROPER AUTHORITY. The parties hereto represent and warrant that the person executing this Contract on behalf of each party has full power and authority to enter into this Contract. Contractor acknowledges that as required by statute or regulation this Contract is effective only after approval by the State Board of Examiners and only for the period of time specified in the Contract. Any services performed by Contractor before this Contract is effective or after it ceases to be effective are performed at the sole risk of Contractor. 28.GOVERNING LAW;JURISDICTION. This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Nevada, without giving effect to any principle of conflict-of-law that Approved 05108102 Revised 08103 Page 7 of 8 would require the application of the law of any other jurisdiction. The parties consent to the jurisdiction of the First Judicial District Court,Carson City,Nevada for enforcement of this Contract. 29. ENTIRE CONTRACT AND MODIFICATION. This Contract and its integrated attachment(s) constitute the entire agreement of the parties and such are intended as a complete and exclusive statement of the promises, representations, nego- tiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Unless an integrated attachment to this Contract specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language between any such attachment and this Contract shall be construed consistent with the terms of this Contract. Unless otherwise expressly authorized by the terms of this Contract, no modification or amendment to this Contract shall be binding upon the parties unless the same is in writing and signed by the respective parties hereto and approved by the Office of the Attorney General and the State Board of Examiners. IN WITNESS WHEREOF,the parties hereto have caused this Contract to be signed and intend to be legally bound thereby. Roger G11i �tc�c.�at $Z9-06 West Area President Indepen ent Contractor's Signature �i Date Independent's Contractor's Title x�V_'� C"�,�_� a O 5o Administrator,Purchasing Division t'reg Smith Date Title APPROVED BY BOARD OF EXAMINERS Signature- oard of Examiners On Approved as to form by: (Date) ����' V , On -! 13 -06 Deputy Attorney General for Attorney General (Date) Approved.As To Form By: Tara L. Troge Staff Attorney Verizon Wireless Approved 05108102 Revised 08103 Page 8 of 8 CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT#7-10-70-16 1. Scope: - This Participating Addendum under the Western States Contracting Alliance Agreement#1523 (WSCA Master Price Agreement) covers the purchase of cellular service and equipment for wireless, voice, voice with walkie talkie and data services for all State Agencies and will include all California political subdivisions/local'governments. A subdivision/local government is defined as any city, county, city and county, district, or other local governmental body or corporation, including the California State Universities(CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds. Each political subdivision/local government should make its own determination whether the WSCA program is consistent with its procurement j policies and regulations. THE SUPPLEMENTAL TERMS AND CONDITIONS FOR CONTRACTS USING ARRA FUNDS APPLY TO THE ORDERING AGENCY. IF OR WHEN(VERIZON WIRELESS),AS A CONTRACTOR, IS NOTIFIED BY ORDERING AGENCY THAT A SPECIFIC PURCHASE OR PURCHASES ARE BEING MADE WITH ARRA FUNDS, (VERIZON WIRELESS)AGREES TO COMPLY WITH THE DA_TA_ELEMENT AND REPORTIN_G_REQUIR_EMENTS THAT ARE-LEGALLY REQUIRED OF PROVIDERS OF GOODS AND RELATED SERVICES. (VERIZON WIRELESS),AS IT RELATES TO PURCHASES UNDER THIS CONTRACT IS NOT A SUBCONTRACTOR OR SUBGRANTEE, BUT SIMPLY A PROVIDER OF GOODS AND RELATED SERVICES. THE ARRA SUPPLEMENTAL TERMS AND CONDITIONS ARE LOCATED AT: HTTP://WWW.DOCUMENTS.DGS.CA.GOV/PD/POLI PROC%ARRATAND%20C081009FINAL.PDF 2. Leasing Funding to purchase or lease products available under this contract may be available to State agencies via the GS$Mart(purchases)or Lease$Mart program. Local agencies are able to take advantage of leasing options in the WSCA Master Price Agreement 1523 without restrictions. i 3. Changes: For changes under this Participating Addendum by any Eligible Entity listed in Section 1, Scope, the following Changes apply' a. The California General Provisions (CAGP) Revision 06/08/10(GSPD-4011T General Provisions-Information Technology based on June 8,2010 standard)for Western States Contracting Alliance (WSCA) contract for wireless equipment and services as provided by the following hyperlink become a part of this Participating Addendum. http://www.documents.d.gs.ca.gov/pd/modellang/GPIT060810.pd f b. In the event of a conflict between the terms and conditions of the following documents, this order of precedence shall prevail: (i) California General Provisions—Information Technology (CAGP) revised and effective 06/08/2010; (ii)WSCA Master Price Agreement; (iii) this Participating Addendum (statewide master service agreement); then (iv) packaging, invoices, catalogs, brochures and technical data sheets. The following clarification is made with respect to Section 11 of the CAGP: the WSCA Master Price Agreement shall take precedence after the CAGP but before any of the other documents listed in Section 11. c. State of Nevada, WSCA Master Price Agreement 1523 changed for California to statewide contract 7-10-70-16. d. At the State's sole option, the Department of General Services(DGS) reserves the right to invoke negotiations pursuant to Public Contract Code Section 6611, in accordance with existing guidelines and procedures adopted by the DGS. 1 Version 09/29/10 i I r CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT#7-10-70-16 i e. Contractor will work with the State to ensure, to the extent practicable that all current, mandatory and non-mandatory State and local governmental agencies will seamlessly transition at no transition cost and with minimal service disruption from the California Wireless Contract(CWC) 1 S-05-58-02 to the State of California WSCA Participating Addendum for wireless equipment and services, Contract 7-10-70-16. f. All Verizon Wireless users shall have the option to maintain their current equipment and phone numbers. New users may port their numbers from other carriers. g. Existing Customers: Verizon Wireless will honor existing CWC scope, equipment and service --- ---- _- -- _-.- - ----pricing for all existing subscribers through a transition period as follows: -- - -- - ---- — — --- • State Departments–completed line transition to WSCA by December 31, 2010 • Local*Governmental Agencies–completed line transition to WSCA by September 30,2011. K i4eliJ-Li ne$-for-EXiStii°iu Gustomei —, er,zGn-Wireless=may-continue to=accept aiid-process new orders from mandatory and non-mandatory State and local governmental agencies under the CWC products and services scope and pricing structure through a transition period as follows: • State Departments–final CWC order date November 15, 2010 • Local Governmental Agencies–final CWC order date December 31, 2010 i. The CWC Contractors will work in partnership with the State to communicate this transition plan to our user community, both State and local governmental agencies. Verizon Wireless will,make the pricing set forth in the WSCA Master Price Agreement available to Local Governmental Agencies as of the Effective Date of this Participating Addendum, subject to execution of the required Individual User Agreement. The standard WSCA pricing will not be available to State Departments until the special State of California WSCA pricing has been agreed to and added to this Participating Addendum. Verizon Wireless and the State will work together so that special State of California WSCA pricing may be added to this Participating Addendum before November 15, 2010. j. Service levels during this transition period shall be no different than CWC service levels. k. Cell phone recycling shall continue as provided by the CWC. I. Reporting requirements shall be set forth in Exhibit A to this Participating Addendum... m. DGS Termination of Contract: The State may terminate this contract at any time upon 30 days prior written notice. Upon termination or other expiration of this contract, each party will assist the other party in orderly termination of the contract and the transfer of all assets, tangible and intangible, if applicable, as may facilitate the orderly, nondisrupted business continuation of each party. This provision shall not relieve the contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective. n. Reports&Administrative Fee: Contractor shall submit report to the California Contract Administrator for all California purchases providing the following information: 2 Version 09/29/10 CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT#7-10-70-16 Agency Name Agency Contact Name Purchase Order Number Agency Address Purchase Order Date Agency Telephone Number WSCA Contract Number Total Purchase Order Amount Total Dollars for the quarter WSCA Administrative Fee Dollar Amount The Contractor shall submit a check, in addition to the report, payable to the State of California, Contract Administrator for the calculated administrative fee for an amount equal to one percent(0.01) of the sales for the quarterly period. This fee shall be included as an adjustment to-contractor's WSCA pricing and not invoiced or charged to the purchasing - -- - --- — - entity. - i Payment of the administrative fee by Contractor is due irrespective of status of payments on orders from users to Contractor. A._----1_'-_J..- L-.-yL--- L L.._A - 1LIB-1 I--- t_11_ L.-_--_. 1 ivl7Oit 13 UUC eVefi VHIivFi-liivly Is nv=aCaiVlty— i1�7=CpC;-llial -'oev riot iJilow tile:Fequirea- format or that excludes information will be deemed incomplete. Failure to submit reports and fees on a timely basis shall constitute grounds for suspension of this agreement. Reports and fee delivery will be in accordance with the following schedule. Calendar Quarter 1 (JUL 1 to SEP 30) Due OCT 31 Calendar Quarter 2 (OCT 1 to DEC 31) Due JAN 31 Calendar Quarter 3 (JAN 1 to MAR 31) Due APR 30 Calendar Quarter 4 (APR 1 to JUN 30) Due JUL 31 The administrative fee check and report should be submitted to the following address: Terry Munoz, Wireless Contract Administrator Department of General Services Procurement Division Contract Management Unit 2 707 Third Street, 2nd Floor;West Sacramento, CA 95605-2811 i o. The primary state government contact for this Participating Addendum is as follows: j Department of General Services, Procurement Division Multiple Award Program-WSCA 7lti!7 TL.:.J oa. Coc I.'&' I -I- I III W VLG .l Ib IVI LVL West Sacramento, CA 95605 Contact: Terry Munoz E-mail: terry.munozCadgs.ca.gov Phone: (916) 376-5482 Fax: (916) 376-4522 j P. The primary VERIZON WIRELESS CUSTOMER contacts,in escalation order for this Participating Addendum are as follows: VERIZON WIRELESS Address: 2795 Mitchell Drive 3 Version 09/29/10 i I CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT#7-10-70-16 Walnut Creek, CA 94598 i Primary Contact: i Contact: Chris Rock, National Accounts Manager j E-Mail: Chris.RockCaWerizonWireless.com Phone: 916 599-3003 Secondary Contacts: Contact: Albert Lim, Associate Director i !--- E`-Mail: Albert.Lim a@@VerizoriWireles-s—om Phone: 415 385-9500 Contact: Gianna Autry, Director E-Mail: Gianna.Autry @VerizonWireless.com Phone: 925 279-6420 I q. Price Agreement Number: The Master Price Agreement(or Participating Addendum) number for the Participating State of California is 7-10-70-16. The Master Price Agreement Number MUST be shown on all Purchase Orders issued against this Master Price Agreement. This Participating Addendum and the WSCA Master Price Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and _ the WSCA Master Price Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the WSCA Master Price Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the WSCA Master Price Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms. r. Effective Dates: I This Participating Addendum shall be effective upon approval by the Department of General Services and will continue until the End Date of the WSCA Master Price Agreement. Amendments to the WSCA Master Price Agreement made by the Lead State(the State of Nevada)to extend the term date are automatically incorporated into this Participating 41 Version 09/29/10 CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) j WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT#7-10-70-16 Addendum unless terminated early in accordance with the terms and conditions of the WSCA Master Price Agreement or this Participating Addendum. s. Servicing Subcontractors: The Contractor, at this time, will not be using subcontractors to provide any products or services. — - - --- By Signing below(Verizon-Wireless)-agrees to Mier the same products Arid services as on the- 0 - -- - - (Nevada State, contract 1523 at prices equal to or lower than the prices on that contract. IN WITNESS WHEREOF,the parties have executed this Participating Addendum as of the date of execution by both parties below. i State of Ca' nia: Verizon Wireless By: (' By: Name: Jim Butler Name: Todd Loccisano Title: -Deputy Director Title: Executive Director, Sales Operations Date: 1 `�ollu Date: 16'q 0 I 5 Version 09/29/10 ° CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT#7-10-70-16 Exhibit A Required Wireless Reporting Elements j The following reports are required to be submitted by the contractor and shall reflect State and local governmental agencies usage and purchases under the contract for the respective month. Reports must contain at a minimum,but not limited to,the data elements identified within each report below. 1. Overall Service Usage Report: Overall Service Usage Report Required Fields Billing Account Name Data:Date Feature Plan ID Billing Account Number Data:Monthly List Access Price Pool Account# ata:Monthly Discounted/Actual Access Price Data:Plan Limit(Kilobytes) Agency Bill Code Data:Kilobytes of Use Report Periods Data:Kilobytes of Overage Current Plan Activation Date Data:Overage Charge Billing Cycle End Date ESN Contract# Month of Suspended Service:yes/no Unique Plan Identifier Surcharge Amount i Plan Name Tax Amount Plan Description Promotion Amount i Unique User Identifier Promotion Description Voice:Monthly List Access Price Total Dollar Amount of Subscription Credit Applied- Voice:Monthly Discounted/Actual Access Price Additional Fees I Voice:Allowable Plan MOU-Monthly allotted anytime minutes Total Adjustments Voice:Plan MOU Total Monthly Charge Voice:Non-Plan MOU—Night/Weekend State/Local Voice:Non-Plan MOU—Mobile-Mobile Minutes Voice:Overage MOU Voice:Overage Charge(Total$) Voice:Roaming MOU Voice:Roaming Charge Voice:Long Distance Minutes Vok Voice:International Minutes of Use Voice:International Minutes Amount Walkie Talkie:Monihly List Access Price Walkie Talkie:Monffily Discounted/Actual Access Price Walkie Talkie:Allowable Plan MOU WaMe Talkie:Plan MOU Walkie Talkie:Overage MOU Walkie Talkie:Overage Charge(Total$) Text Messages:Allowable Number in Plan Text Messages:Number used in Plan Text Messages:Number used out of Plan/Overage Text Messages:Monfly Charge Text Messages:Overage Charge 6 Version 09/29/10 CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT#7-10-70-16 2.) Overall Equipment Sales Report Overall Equipment Sales Report Required Fields Billing Account Name Billing Account Number Agency Billing Code Contractor Name Manufacturer Model Description Agency Purchase Order Number Order Date Order Number - -= '=1P1ethUd-o'kilue-Subinissio Person Placing Order/Designated Order Contact Catalog ID Catalog Version Manufacturer Model Identifier I Contractor Model Identifier Published List Price Price Billed Included Free Phone es/no Purchased at the.State discount: es/no Purchased with Cal-Card: es/no Quantity or ESN per phone State/Local i 3. Voice&Combo Service Usage Report Voice&Combo Service Usage Report Required Fields Agency Pay Per Use Charges j Current Month Voice Related Service(including text Cost Center messag es)Charges _ — ___ T....1_A........ lo'al-VL1LLL sV -- ---- - Sub Account Dollar Amount of Subscription Credits Applied Contract Number Adjustments Subscriber Name State/Local Agency Order Number Plan Details Included Anytime Minutes Additional Anytime Minutes Total Anytime Minutes Overage Details Roaming Details Group Calling Details Total Billed MOU Total Unbilled MOU 7 Version 09/29/10 ' CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE (WSCA) WIRELESS EQUIPMENT AND SERVICES VERIZON WIRELESS MASTER SERVICE AGREEMENT. CONTRACT#7-10-70-16 Current Billing Cycle Total MOU Text Messaging Details j Non-Usage Related Charges i 4. Data Service Usage Report Data Service Usage Report i Required Fields Month/Year(NffvVYYYY) ! Contract#'s - -- — - Pool Account Sub Account# User Name Plan Name Plan Cost '=Inoluded=B es - -Bytes Used Overage Costs Non-Usage Related Fees Current Month Data Related Service Charges Previous Month Data Related Service Charges Total Charge Adjustments,Credits State/Local 5. Format of DGS Contract Administrator Reports. The reports provided to the DGS Contract. Administrator shall reflect all usage(State departments and local governmental agencies)and purchases under the contract for the respective month. All reports shall be provided in electronic format compatible with Microsoft Excel and Access 97. 6. Format of Agency Reporting Requirements,Format of Agency Reports. The Contractor shall submit the following management report to the DGS Contract Administrator and to each ATR as requested. The reports shall reflect the Agency's usage(State departments and local governmental agencies)under the contract for the respective month. All reports shall be provided in electronic format available by email,CD,FTP,etc.and compatible with Microsoft Excel and Access 97,with hardcopies available tipon request a.t no extra charge—All re nerting.requests h3LJ GS will go#hrough the DCTS_____ .Contract Administrator. 7. Custom Reports. The Contractor may provide custom reports as requested by.the DGS Contract Administrator or the ATR. All reporting requests by DGS will go through the DGS Contract Administrator. 8 Version 09/29/10 j Quotation,Rates&Plans for Data,Voice,Push to Talk,&Text Date:March 13,2012 Client: Yorba Linda Water District Attention:Todd Howard Line Item Description Quantity Price Per Monthly Price month Extended Data(7 HTC Rezound) 1 71855 WSCA Unlimited Data for Smartphone(3G&4G) 7 $24.99 $174.93 Voice(45 Barrage+7 Rezound) 2 85191 WSCA National Consumption Voice Plan. No 52 Total Monthly Cost Based on monthly access charge,calls are 6 cents per Usage minute. Includes:no charge nights/weel<ends/Verizon mobile to mobile calls. Push To Talk(45 Barrage) 3 73869 Verizon Wireless Unlimited Push To Talk for 45 $10.00 $450.00 Barrage Text(Rezound&Barrage) 4 75439 Unlimited standard and picture/video text 7 $12.00 $84.00 messaging(for Rezound) 5 76223 100 text messages,both standard&picture/video 45 $0.00 $0.00 messages,are included with the 6 cents per minute voice plan shown above at no extra charge (for Barrage) Joe Wigton Verizon Wireless 949-648-0699 IAeFTA l wireless ioseph.wigton@verizonwireless.com ITEM NO. 3.1 AGENDA REPORT Meeting Date: May 14, 2012 Budgeted: Yes Total Budget: 338,000 To: Public Affairs-Communications- Technology Committee From: Ken Vecchiarelli, General Manager Job No: 200915 Presented By: Art Vega, Acting IT Manager Dept: Information Technology Reviewed by Legal: N/A Prepared By: Robyn Shaw, Info Sytm Tech CEQA Compliance: N/A II/Programmer Subject: Computerized Maintenance and Management System Project Status SUMMARY: On July 22, 2010, the Board authorized the General Manager to execute a Professional Services Agreement with Westin Engineering, in the amount of $248,626, to provide Computerized Maintenance & Management System (CMMS) software and implementation services. The software proposed by Westin Engineering was Azteca's CityWorks software solution. On October 27, 2011 , the Board authorized the General Manager to execute Task Release No. 2 amending the PSA between Westin, in the amount not to exceed $28,000 to provide for additional support services on an on-call as-needed basis DISCUSSION: District IT staff assessed the status and expenditures to date with regard to the Westin Engineering agreement. The District has paid Westin Engineering $248,589.44 (99.9%) of the $ 248,626.00 professional services contract to date for development, installation and initial training on the Cityworks CMMS software system. District IT staff assessed the status of expenditures to date with regard to Task Release No. 2. The district has paid Westin Engineering $0.00 (0%) of the $38,000 for support services. Glenn Wolf is scheduled to be on-site June 4th through June 6th. He will be upgrading Cityworks and ArcGIS. The upgrade will allow for new map and inspection functionality. Two additional vehicle mounts and power modules have been received and delivered to the mechanics for installation in the hydrant crew's vehicle's. Attached for the Committee to review is an updated projected cost estimate for the CMMS project. ATTACHMENTS: Nam, Description: Type: Protected Cost for CMMS 2011 - 2012.xlsx CMMS Projected Cost Backup Material CMMS Projected Costs (updated May.03,2012) Cost Category to Date Cost M luq22t EQUIP $0.00 $0.00 INVENTORY $2,139.15 $0.00 LABOR $6,620.25 $0.00 OUTSIDE SVC $266,668.84 $338,000.00 SUPPLIES $24,096.221 $0.00 Project Total to Date: $299,524.46 Projected Remaining Costs for Supplies & Outside Svc Cost Total Remaining amount in Westin Contract $36.56 Task Release No. 2 with Westin Engineering * up to$38,000 $38,000 CityWorks User Licenses (currently 15). 5 additional licenses** 5 x$2,995 $14,975 Laptops with Verizon cards (15 Total 5 already purchased)*** 10 X$2,365 $23,650 Vehicle mounts for laptops (purchased 1) 14 x$1,330 $18,620 Projected Remaining Costs for Supplies&Outside Services $95,281.56 Project Total to Date $299,524.46 Projected Cost for CMMS Project 1 1 $394,806 *Total amount of annual service contract may not be used. 1-year term. ** 16-20 licenses$2995/each, 21-100 licenses $1,995/each. Total amount of licenses needed still to be determined. *** Does not include monthy verizon card fee of$37.99 plus applicable taxes per card per month. CMMS Projected Costs (updated Mar.27,2012) Cost Category to Date Cost Bud et EQUIP $0.00 $0.00 INVENTORY $16.54 $0.00 LABOR $6,620.25 $0.00 OUTSIDE SVC $265,766.84 $338,000.00 SUPPLIES $24,096.221 $0.00 Project Total to Date: $296,499.85 Projected Remaining Costs for Supplies & Outside Svc Cost Total Remaining amount in Westin Contract $938.56 Task Release No. 2 with Westin Engineering * up to$38,000 $38,000 CityWorks User Licenses (currently 15). 5 additional licenses** 5 x$2,995 $14,975 Laptops with Verizon cards (15 Total 5 already purchased)*** 10 X$2,350 $23,500 Vehicle mounts for laptops (purchased 1) 14 x$1,330 $18,620 Custom Keyboard Cover Dell Latitude E6420 Notebook 10 x$14.99 $225 Projected Remaining Costs for Supplies&Outside Services $96,258.56 Project Total to Date $296,499.85 Projected Cost for CMMS Project I I $392,758 *Total amount of annual service contract may not be used. 1-year term. ** 16-20 licenses$2995/each, 21-100 licenses $1,995/each. Total amount of licenses needed still to be determined. *** Does not include monthy verizon card fee of$37.99 plus applicable taxes per card per month. ITEM NO. 3.3 AGENDA REPORT Meeting Date: May 14, 2012 Budgeted: Yes Total Budget: $20,000 To: Public Affairs-Communications- Cost Estimate: $20,000 Technology Committee Funding Source: Water Operating Fund From: Ken Vecchiarelli, General Account No: 1-2020-0580-35 Manager Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: No Prepared By: Cindy Botts, Management CEQA Compliance: N/A Analyst Subject: Proposed YLWD Bottled Water Policy SUMMARY: The attached bottled water policy has been drafted for Committee review and comment prior to full Board consideration. DISCUSSION: The District has implemented a Bottled Water Program to further its ongoing public outreach efforts throughout the service area. In addition, YLWD Bottled Water can be provided to our customers during times of emergency or should the District's water supply become compromised. This policy defines the guidelines and procedures for external requests for bottled water. A draft policy was presented to the Committee in September 2010. The attached policy includes the current Committee's recommendations. STRATEGIC PLAN: CP 1-E: Effectively Use Broad Spectrum Communication Opportunities ATTACHMENTS: Description: Type: Bottled Water Policy 2012 CB.docx Draft Bottled Water Policy Backup Material Yorba Linda Water District Policies and Procedures Policy No.: 2020-10-02 Effective Date: July 1, 2012 Prepared By: Damon Micalizzi, Public Information Officer Applicability: District Wide POLICY: BOTTLED WATER POLICY 1.0 PURPOSE The purpose of this policy is to define guidelines and procedures for distributing the District's Bottled Water. 2.0 SCOPE Yorba Linda Water District implemented a Bottled Water Program to further the District's ongoing public outreach efforts throughout the service area. Distribution of bottled water was identified as a cost-effective way of promoting public interest and awareness while providing a service to the community. In addition, YLWD Bottled Water can be provided to our customers during times of emergency if the District's water supply becomes compromised or when portions of the distribution system are temporarily out of service. 3.0 PROCEDURES A. All requests will be forwarded to YLWD Public Affairs. A request form will be completed by the group/individual making the request. Upon approval, arrangements will be made by the requesting party to schedule a pick up unless District staff is scheduled to attend the event and distribute the bottled water. B. For requests to be considered, the following criteria must be met: 1. Bottled water requests considered by the District must be made by non-profit, secular organizations located within YLWD's service area and for events held within YLWD's service area or for the principal benefit of YLWD customers; 2. The bottled water will not be provided for political, partisan, electoral or socially controversial gatherings; Page 1 350835.1 Y0030-008 3. Water is donated at no cost to the requesting party. This water cannot be sold and cannot be used for any other event/purpose than the one specified on the request; 4. Quantities are limited and requests are fulfilled based on availability and on a first-come, first-serve basis; 5. All water is supplied at ambient warehouse temperature. It is the responsibility of the requesting party to provide necessary means for chilling water if so desired. Water is supplied in 16.9 fl ounce bottles (500 mL) with flat screw caps. There are 24 bottles per case. The water should be stored indoors prior to use; 6. YLWD will determine the number of cases provided based on expected attendance, allowing no more than one bottle of water per person. Each organization may receive a maximum of 75 cases of water per fiscal year. The District reserves the right to provide less than the full amount of water requested; 7. Organizations may request more than the maximum cases allowed. Requests will be reviewed by the General Manager and may require additional time for processing. If additional cases are approved, the General Manager may limit the number of requests the organization can make for the remainder of the year; 8. Requests should be made a minimum of one month prior to the event; 9. A request must be made by submitting a completed Bottled Water Request Form to YLWD. The form is available on YLWD's website at http://www.ylwd.com. A copy may also be picked up at Yorba Linda Water District, 1717 E. Miraloma Avenue, Placentia, CA 928857 between the hours of 7:00 a.m. and 6:00 p.m., Monday thruThursday. Send the completed form along with a flyer/letter describing the event to pio0_yIwd.com or via fax to (714) 301-3028. 10. Upon approval of the request, YLWD will contact the organization to arrange a date and time for delivery of the water. Scheduled times will be arranged within the limitations of Monday- Thursday 8:00 a.m. - 300 p.m. 11.On the scheduled date of delivery, an individual must be present to sign for receipt of the bottled water. If no individual is available, the delivery will need to be rescheduled or pickup by the organization from YLWD arranged. Specific delivery time, within the limitations of 8:00 a.m. — 3:00 p.m. is not guaranteed. 12. Pick up and transportation of the bottled water, as necessary, is the responsibility of the requesting organization. It is the responsibility of the requesting organization to bring appropriate transportation, staff and necessary equipment to safely transport the water. YLWD is not responsible for any damage to vehicles, persons or otherwise during the transportation and pickup of water. Scheduled times for pickup must be arranged within the limitations of Monday-Thursday 8.00a.m. — 3:00 p.m. YLWD is not responsible for a missed scheduled pickup; and Page 2 350835.1 Y0030-008 13. In the best interest of the environment, groups/organizations requesting bottled water should provide waste storage containers at the event and are encouraged to recycle the plastic bottles. 4.0 EXHIBITS Exhibit A — Bottled Water Request Form Approved: Kenneth R. Vecchiarelli Date General Manager Page 3 350835.1 YO030-008 Exhibit A ElYorba Linda Water District Reliable and Trusted Service for more than 100 years. Request for Bottled Water Yorba Linda Water District (YLWD) began its bottled water program to promote the quality of the District's water supply within the community and enhance public outreach. YLWD reserves the right to distribute bottled water at no cost at the discretion of its management, consistent with this goal. Requests for bottled water at no cost should be made at least ten (10) business days before the desired pick-up date. Requests made less than ten days prior to the desired pick-up date may not be approved. YLWD does not guarantee availability of water for any group, event or individual. Organization or Individual making request: Your name: Phone #: Fax#: Purpose of event: Number of attendees expected at event: No. of cases: (24 per case) Today's Date: / / Event Date: / / Pick-up Date: Comments: Do Not Write Below This Line — For District Use Only Approved: ❑ Yes ❑ No Log-in Date: Authorization: Date: Page 4 350835.1 Y0030-008 1717 E.Miraloma Ave / Placentia,CA 92870 / 714.701.8333 / fax 714.701.3028 /pio @ylwd.com / www.ylwd.com ITEM NO. 3.5 AGENDA REPORT Meeting Date: May 14, 2012 Subject: Public Outreach Activities s ATTACHMENTS: Name: Description: Type: Public Outreach Activities FY 11-12.docx Public Outreach Activities FY 12/13 Backup Material Special Events Date Description Business Materials Notes 08/05/11 Walk-a-thon Yorba Linda Relay for Life-24 hr walk 300 Sports Bottles,Water Truck 08/18/11 Jog-a-thon Esperanza HS- Memorial 3K Run 360 Water Bottles 09/23/11 School Fundraiser YLHS Men's Basketball 216 Water Bottles 10/01/11 Softball Fundraiser Girls Softball-Team Smith 168 Water Bottles 10/01/11 Community Event Walk to Cure Cervical Cancer 240 Water Bottles 10/05/11 School Fundraiser YLHS Water Polo 48 Water Bottles 10/12/11 Pop Warner Fundraiser Veteran's Field 144 Water Bottles 10/14/11 Jog-a-thon YLMS 3K Run for Success 600 Water Bottles 10/20/11 Community Event CHOC Fundraiser 360 Water Bottles, 10 traffic cones 10/21/11 Jog-a-thon Fairmont Elementary 1200 Water Bottles 10/22/11 Community Event City of YL Senior Health Fair 360 Water Bottles 10/26/11 Jog-a-thon Travis Ranch Elementary 600 Water Bottles 10/27/11 Jog-a-thon Mabel Payne Elementary 480 Water Bottles 10/27/11 Jog-a-thon Lakeview Elementary 600 Water Bottles 10/27/11 School Fundraiser Esperanza High School 264 Water Bottles 10/31/11 Jog-a-thon Linda Vista Elementary 816 Water Bottles 10/31/11 School Fundraiser Bryant Ranch Elementary 72 Water Bottles 11/10/11 Community Event "Wounded Warriors" Fundraiser 72 Water Bottles 11/10/11 Community Event YMCA Golf Tournament 240 Water Bottles 11/10/11 Jog-a-thon Glenknoll Elementary 504 Water Bottles 11/18/11 Jog-a-thon Van Buren Elementary 672 Water Bottles 11/19/11 School Fundraiser YLHS Men's Basketball 600 Water Bottles 11/24/11 5K Run Plymouth Rock& Run 2011 2,500 Sports Bottles, Water Truck 01/20/12 Jog-a-thon Bryant Ranch Elementary 600 Water Bottles 01/21/12 Community Event YLHS Cheer&Song Team 600 Water Bottles 01/22/12 Community Event Ceremony to Honor Fire Station 10 of YL 264 Water Bottles 02/11/12 School Fundraiser El Dorado HS Dance Team 600 Water Bottles 02/16/12 School Fundraiser YLHS Baseball 360 Water Bottles 02/26/12 1 Cub Scouts Fundraiser Cub Scouts Pack 580 360 Water Bottles 02/27/12 Community Event Friends Christian School 600 Water Bottles 03/08/12 School Fundraiser Travis Ranch Elementary 512 Water Bottles 03/10/12 Community Event Genealogical Society of North OC 120 Water Bottles 03/22/12 School Fundraiser Esperanza High School Dance Team 600 Water Bottles 04/12/12 Community Event Yorba Linda Horse Show 600 Water Bottles Total 04/13/12 Community Event National Charity League 48 Water Bottles 2 04/19/12 Speaking Engagement Yorba Linda Women's Club 45 minute presentation on YLWD&WUE Gardening 04/23/12 Community Event City of Yorba Linda Volunteer Day 1200 Water Bottles Basic Design Strategies for the Low Water Use Garden 05/08/12 School Event Glenview Elementary School 600 Water Bottles and 600 Sports Bottles 06/23/12 05/09/12 Community Event City of Yorba Linda Employee Luncheon 168 Water Bottles 05/10/12 Community Fundraiser American Subcontractors Assoc. Golf Tourn. 96 Water Bottles 05/11/12 School Fundraiser Friends Christian School 312 Water Bottles 05/12/12 Community Event Girl Scouts Troop 149 Bingo Night 120 Water Bottles 05/17/12 Boy Scout Fundraiser Boy Scouts Troop 1613 Merit Badge Day 864 Water Bottles 06/07/12 Jog-a-thon Ovarian Cancer Orange County Alliance 312 Water Bottles 06/08/12 Community Event Bernardo Yorba Middle School Graduation 360 Water Bottles 06/12/12 Community Event Travis Ranch PTA 5t" Grade Celebration 600 Water Bottles 06/14/12 School Event Promotion Ceremony Linda Vista Elementary 168 Water Bottles As of May 9, 2012, 18,980 Water Bottles Scheduled/Donated Fullerton Arboretum Class Attendance Date Description Customers Others Total Notes 02/04/12 California Friendly Plants for the Garden 6 2 8 04/28/12 Irrigating the Low Water Use Garden 05/12/12 Basic Design Strategies for the Low Water Use Garden 06/23/12 Edibles in the Low Water Use Garden NOTE: Class Limit is 70 people. ITEM NO. 3.6 AGENDA REPORT Meeting Date: May 14, 2012 Subject: Status of Strategic Plan Initiatives ATTACHMENTS: Name: Description: Type: Strategic Plan Tracking- PACT.xlsx April 2012 Initiatives Backup Material Strategic Plan Initiatives Status Report Public Affairs-Communication-Technology Committee Strategies Start Date Completion Lead Party Dec 2011 Feb 2012 Progress Mar 2012 Progress April 2012 Progress Date Progress OE 1: O timize Use of Existing Technolo ies Dynamics GP:Training Meeting held on March Dynamics Agenda received from 27 regarding backflow GP:Meeting Tom Santorro program in Cogsdale.The regarding (Neu Logics)and accepted need for backflow and Identify the Current Functionality of HR 8v by staff. Training will "Smartlist"training were Cogsdale and backflow OE 1-A Existing Technology and Determine if Jul-11 Sep-11 IT Director/EPIC Committee Payroll with commence on Feb.2 g identified. District also training scheduled for it is Being Utilized to Full Capacity Tom from gam.4 hour HR& needs to document May 22-24. Neu Logics payroll training sesson backflow workflow and scheduled held on Feb.7 with Tom agree on what data to for Dec 7. Santorro. collect. Evaluate How Each Department Might EPIC Committee/ Executive Still No Discussed at 2/2/12 Committee meeting Committee met April OE 1-B Make Further Use of Existing Sep-11 Dec-11 Staff EPIC meeting. scheduled for early April 12th. Next mtg scheduled Technology for early June CP 1: Increase Brand Recognition within the Community Enhance Resources for Public Recruitment sent out to Intern Interviews on 2/1- Intern began work on CP 1-A Information 8v Governmental Affairs Jul-11 Dec-11 Public Information Officer local l 2/2 3/19/12 Completed Division Colleges CP 1-B Develop a Public Relations Master Plan Jul-11 Jun-12 Public Information Officer N/A Completed Completed Completed with Measurable Goals Effectively Use Broad Spectrum New Website Design New Website Design New Website Design CP 1-E Communication Opportunities On-going On-going Public Information Officer Underway Underway Underway Underway CP 2: Increase Public Awareness of Water and Wastewater Related Issues New Water Develop and Expand a Youth to be WEF-Program to be WEF-Program to be WEF-Program to be CP 2-B Education Program Jul-11 On-going Public Information Officer delivered taken to District Schools taken to District Schools taken to District Schools December in Future. in Future. in Future. 15th.