REGULAR BOARD MEETING Closed Session Begins at 4:30 PM May 25, 2016-5:30 PM 31111 Greenspot Road, Highland, CA 92346 AGENDA "In order to comply with legal requirements for posting of agenda, only those items filed with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday meeting not requiring departmental investigation, will be considered by the Board of Directors". CALL TO ORDER ROLL CALL OF BOARD MEMBERS PUBLIC COMMENTS Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State of California Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. The matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. AGENDA - This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the following agenda unless the Board of Directors makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the District subsequent to the posting of the agenda. 1. Approval of Agenda RECESS INTO CLOSED SESSION CLOSED SESSION 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)] Name of Case: Carl F. Kovach v. East Valley Water District, et al., CASE No. CIVDS 1603177 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Government Code Section 54956.9(d)(1)] Name of Case: Carl F. Kovach v. East Valley Water District, CASE No. CIVDS 1603176 5:30 PM RECONVENE MEETING PLEDGE OF ALLEGIANCE ROLL CALL OF BOARD MEMBERS ANNOUNCEMENT OF CLOSED SESSION ACTIONS ITEMS SUPPLEMENTAL INFORMATION Presentation of District Program Videos PUBLIC COMMENTS 4. APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. a. Approve the April 20, 2016 special board meeting minutes b. Approve the April 27, 2016 regular board meeting minutes c. Approve the April 29, 2016 special board meeting minutes d. Approve Retainer Agreement between EVWD and JC Law Firm for legal services. OLD BUSINESS 5. Drought Update NEW BUSINESS 6. Award Professional Services Contract for the Advanced Meter Infrastructure (AMI) Implementation REPORTS 7. Board of Directors' Reports 8. General Manager/CEO Report
9. Legal Counsel Report 10. Board of Directors' Comments ADJOURN PLEASE NOTE: Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the District's office located at 31111 Greenspot Rd., Highland, during normal business hours. Also, such documents are available on the District's website at www.eastvalley.org subject to staff's ability to post the documents before the meeting. Pursuant to Government Code Section 54954.2(a), any request for a disability-related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the aboveagendized public meeting should be directed to the District Clerk at (909) 885-4900 at least 72 hours prior to said meeting.
Draft Pending Approval EAST VALLEY WATER DISTRICT April 20, 2016 SPECIAL BOARD MEETING MINUTES The Chairman of the Board called the meeting to order at 3:00 p.m. Mr. Patrick Milroy led the flag salute. PRESENT: ABSENT: STAFF: LEGAL COUNSEL: GUEST(s): Directors: Carrillo, Coats, Morales, Shelton, Smith Directors: None John Mura, General Manager/CEO; Jose Martinez, Assistant General Manager; Brian Tompkins, Chief Financial Officer; Justine Hendricksen, District Clerk; Shayla Gerber, Administrative Assistant Jean Cihigoyenetche Members of the public PUBLIC COMMENTS Chairman Coats declared the public participation section of the meeting open at 3:03 p.m. There being no written or verbal comments, the public participation section was closed. FY 2016-17 PROGRAM GOALS AND OBJECTIVES The General Manager/CEO stated this is the beginning of East Valley Water District s annual budget and adoption process; that East Valley Water District is a performance based organization; that prior to the budget being created, goals and objectives are created by staff. These goals are derived from the District Vision Statement which was adopted by the Board of Directors. The visions statement s list of Agency Ideals and Endeavors provides the framework for establishing long term goals. The General Manager/CEO reviewed the proposed Goals and Objectives that were adopted for him by the Board of Directors. Program Managers reviewed their departments FY 2015-2016 accomplishments; they also presented their proposed program Goals and Objectives to the Board for their consideration and also stated how they support the General Manager/CEO s Goals & Objectives. Information only. 1 Minutes: 4/20/16 smg
ELECTION FOR SPECIAL DISTRICT MEMBER OF LAFCO The General Manager/CEO informed the Board that there is one of two Special District representative positions up for re-election on the 2016 LAFCO Commission election; that 26 ballots are required to be received for selection of the Special District position and there are three Special District members on the ballot. M/S/C (Morales-Carrillo) that the Board select Kimberly Cox as the Special District Member of the 2016 LAFCO Commission. Roll call vote: Director Morales - Yes Vice Chairman Carrillo - Yes Director Shelton Yes Director Smith - Yes Chairman Coats Yes GENERAL MANAGER/CEO REPORTS No report at this time. LEGAL COUNSEL REPORT No report at this time. BOARD OF DIRECTORS COMMENTS Director Smith stated that he had his weather based irrigation controller installed this week by Anthony s Irrigation and that they represented East Valley Water District with distinction. Director Morales thanked staff for their presentations and hard work. Chairman Coats concurred with Director Smith s comments regarding Anthony s Irrigation and stated that they represented the District well. ADJOURN The meeting adjourned at 4:13 p.m. John J. Mura, Secretary Ronald L. Coats, Chairman of the Board 2 Minutes: 4/20/16 smg
Draft Pending Approval EAST VALLEY WATER DISTRICT April 27, 2016 REGULAR BOARD MEETING MINUTES The Chairman of the Board called the meeting to order at 4:30 p.m. PRESENT: ABSENT: STAFF: LEGAL COUNSEL: GUEST(s): Directors: Coats, Morales, Shelton, Smith Director: Carrillo John Mura, General Manager/CEO; Brian Tompkins, Chief Financial Officer; Jose Martinez, Assistant General Manager; Justine Hendricksen, District Clerk; Eileen Bateman, Sr. Administrative Assistant Jean Cihigoyenetche Members of the public PUBLIC COMMENTS Chairman Coats declared the public participation section of the meeting open at 4:31 pm. There being no written or verbal comments, the public participation section was closed. APPROVAL OF AGENDA M/S/C (Shelton-Smith) that the April 27, 2016 agenda be approved as submitted. CLOSED SESSION The Board entered into Closed Session at 4:31 p.m. as provided in the Ralph M. Brown Act Government Code Sections 54956.9(d)(1) to discuss the item listed on the agenda. THE BOARD RECONVENED THE MEETING AT 5:30 P.M. Ms. Brown led the flag salute. ROLL CALL PRESENT: ABSENT: Directors: Coats, Morales, Shelton, Smith Director: Carrillo 1 Minutes 4/27/2016 etb
ANNOUNCEMENT OF CLOSED SESSION ACTIONS With respect to Item #2: No reportable action taken. PUBLIC COMMENTS Chairman Coats declared the public participation section of the meeting open at 5:32 p.m. There being no written or verbal comments, the public participation section was closed. APPROVE THE APRIL 13, 2016 REGULAR BOARD MEETING MINUTES M/S/C (Smith-Shelton) that the Board approve the April 13, 2016 regular board meeting minutes as submitted. INVESTMENT REPORT FOR QUARTER ENDED MARCH 31, 2016 M/S/C (Smith-Shelton) that the Board accept and file the investment report for the quarter ended March 31, 2016. INVESTMENT POLICY UPDATE AND APPROVAL OF RESOLUTION The Chief Financial Officer provided a report of the recommended updates to the Investment Policy including the following: Policy objectives Interest rate risk and credit risk The Investment Portfolio, to ensure ongoing compliance with the guidelines set in the policy Steps the District will take moving forward with investments M/S/C (Morales-Smith) that the Board accept the updates to the Investment Policy and adopt Resolution 2016.10. LEADERSHIP ACTION ACADEMY The General Manager/CEO stated that the Leadership Academy is a positive program that supports the future of the District; and that each team developed a proposed project that would benefit the District and bring value to the District s constituents. Mr. Boylin provided a brief overview of the Leadership Academy, which included presentation skills, problem solving, active listening, managing conflict, managing change, emotional intelligence, and goal setting action planning; the assigned projects to enhance skill development, improve productivity/efficiency and customer relations. 2 Minutes 4/27/2016 etb
Ms. Cales, Customer Service Supervisor and Mr. Paredes, Accounting Supervisor presented an overview of their project including the following: providing flexible payment options through convenient locations throughout the district, organizational impact, goals of the project, sample outreach efforts, translation of savings and proposed implementation process. The General Manager/CEO commended Ms. Cales and Mr. Paredes on their presentation and expressed how proud he is of the program, all the participants and the projects that were presented during the Leadership Academy. Director Morales congratulated staff on the projects that were developed and noted that this is a prime example of the culture here at East Valley Water District and looks forward to amazing things from all participants in the future. He thanked everyone for looking out for the community s best interest. Director Shelton expressed her appreciation for a wonderful presentation and the efforts that went into the completion of the project. Director Smith was interested in the idea process of the project and thanked staff for their efforts. Chairman Coats congratulated staff for thinking out of the box; he stated that this is what makes East Valley Water a world-class organization by looking for ways to do things more effectively and efficiently. Information only. CONTRACT AMENDMENT FOR ENVIRONMENTAL SCIENCE ASSOCIATES (ESA), EIR CONSULTANT FOR THE STERLING NATURAL RESOURCE CENTER The General Manager/CEO reviewed the proposed contract amendments with ESA for SRF funding requirements, which include additional studies associated with the EIR to secure funding; and stated that if the contract amendments are approved, they will be presented to San Bernardino Valley Municipal Water District for final approval. M/S/C (Morales-Shelton) that the Board authorize the General Manager/CEO to recommend a contract amendment for Environmental Science Associates to San Bernardino Valley Municipal Water District for providing services for conducting various studies for a Biological Assessment report. BOARD OF DIRECTORS REPORTS Chairman Coats reported on the following: on April 15 th he attended the Ad-Hoc Committee on Recycled Water where they discussed updates for the Sterling Natural Resource Center; on April 18 th he attended the ASBCSD meeting that was hosted by East Valley Water District regarding Strategic Board Communication and Building a Brand; on April 25 th he attended the Engineering and Operations Committee Meeting and on April 3 Minutes 4/27/2016 etb
26 th he attended the Ad-Hoc Committee meeting regarding the Sterling Natural Resource Center. Director Smith reported on the following: on April 26 th he attended the Finance & Policy Committee meeting where they reviewed the investment reports and employee policy updates. Director Shelton reported on the following: on April 18 th she attended the ASBCSD meeting hosted by East Valley Water District where Mr. Mura presented information regarding techniques on building an identifiable brand and Ms. Gilhuly of CV Strategies presented Strategic Board Communications; April 25 th she attended the Engineering and Operations Committee meeting where they discussed the District s activity to date and information that will be utilized for the budget and promotion of a sustainable water supply. Director Morales reported on the following: On April 14 th he attended a meeting regarding long-term water use; on April 15 th and 26 th he attended the Recycled Water Ad-Hoc Committee meeting at Valley District and on April 19 th he met with the San Bernardino Water Board of Commissioners where they discussed supplemental water rates in addition to the current supplemental rate increase set to take place this year and they also discussed setting up a workshop in May. Information Only. GENERAL MANAGER/CEO REPORT The General Manager/CEO reported on the following: that he will be attending a meeting on Friday to discuss funding opportunities for the Sterling Natural Resource Project with Doug Headrick and Dan Newton; he will be presenting information on the District s efforts to improve infrastructure to the Rotary club of San Bernardino North; that the District will be presenting two sessions at the ACWA s fall conference regarding Budget Based Rates and the Implementation Process as well as East Valley Water District s Succession Planning Efforts; on Friday a Special Meeting will be is scheduled for communication training; North Fork will have a Special Meeting on May 17 th ; the District hosted the ASBCSD meeting on April 18 th and received many positive comments regarding the presentations. He also stated that the District will be hosting a number of free community workshops with various conservation topics over the next few months. Information only. LEGAL COUNSEL REPORT No reports at this time. BOARD OF DIRECTORS COMMENTS Director Smith encouraged everyone to attend the Conservation Workshop on May 3 rd at 9 a.m. He thanked Mr. Milroy and Mr. Williams for exemplifying the District s 4 Minutes 4/27/2016 etb
commitment to the community in their assistance with the Relay for Life on May 14 th at the Highland Community Center. Director Shelton reiterated that the District has demonstrated its commitment to the community in that a reporter from the New York Post contacted East Valley Water District regarding our conservation efforts and budget based rates. Director Morales stated that Mr. Mura provided an excellent ACWA update. Chairman Coats acknowledged that today is Administrative Assistants Day and expressed his appreciation to Ms. Bateman, Ms. Gerber, and Ms. Contreras for their support and for the fantastic job that they do for the District. The Chairman closed the meeting with the following statement, Help insure your water future by supporting the Sterling Natural Water Resource Center. Information only. ADJOURN The meeting adjourned at 6:22 p.m. John J. Mura, Secretary Ronald L. Coats, Chairman 5 Minutes 4/27/2016 etb
Subject to Approval EAST VALLEY WATER DISTRICT April 29, 2016 SPECIAL BOARD MEETING MINUTES The Chairman of the Board called the meeting to order at 2:00 p.m. Mr. Cihigoyenetche led the flag salute. PRESENT: ABSENT: STAFF: LEGAL COUNSEL: GUEST(s): Directors: Carrillo, Coats, Morales, Shelton, Smith Directors: None Jose Martinez, Assistant General Manager; Justine Hendricksen, District Clerk; Kelly Malloy, Public Affairs/Conservation Manager; Patrick Milroy, Operations Manager; Cecilia Contreras, Senior Administrative Assistant Jean Cihigoyenetche CV Strategies PUBLIC COMMENTS Chairman Coats declared the public participation section of the meeting open at 2:01 p.m. There being no written or verbal comments, the public participation section was closed. BOARD COMMUNICATION TRAINING Erin Gilhuly and Alex Altman from CV Strategies went through a series of media and public communication training exercises with board members and staff, which included on camera conversations, presenting with power-points, and working together as a team to present topics with little or no time to prepare. Information only. The Board took a break at 3:50 pm. The Board returned to open session at 3:57 pm. Director Morales left the meeting at 4:50 pm. GENERAL MANAGER/CEO REPORTS No reports at this time. Special Meeting Minutes 04/29/16 cmc
LEGAL COUNSEL REPORT No reports at this time. BOARD OF DIRECTORS COMMENTS Director Coats stated that this was a very interesting meeting and thanked CV Strategies for providing today s training. Information only. ADJOURN The meeting adjourned at 5:11 pm. John J. Mura, Secretary Ron Coats, Chairman Special Meeting Minutes 04/29/16 cmc
To: From: Governing Board Members General Manager/CEO BOARD AGENDA STAFF REPORT Agenda Item #4.d. Meeting Date: May 25, 2016 Discussion Item Subject: Approve Retainer Agreement between EVWD and JC Law Firm for legal services. RECOMMENDATION: Staff is recommending that the Board of Directors approve the Retainer Agreement for Legal Services with JC Law Firm. BACKGROUND / ANALYSIS: In 2014, the Board of Directors retained the services of Jean Cihigoyenetche as General Counsel to the District. Mr. Cihigoyenetche has since provided legal services through his partnership, Cihigoyenetche, Grossberg & Clouse. Effective June 15, 2016 that partnership will dissolve and Mr. Cihigoyenetche will provide legal services through his new firm The JC Law Firm. Although Mr. Cihigoyenetche will continue to provide services to the District as General Counsel, the transition requires a new Retainer Agreement reflecting that he is doing business under the new firm name. The proposed Retainer Agreement also provides for a change in the rates for legal services. While the charges for partners of the firm remain unchanged, the hourly rate for associates will change from $210 per hour to $250 per hour. This amount is consistent with the firm s rates for other agencies and districts. A new category of services for paralegals is also designated in the agreement and, to the extent those services are used, they will be charged at the rate of $115 per hour. This agreement will become effective on June 15, 2016. Legal services will be provided by the same attorneys who have provided legal services to the District over the last two years, and the District should notice no significant change in that regard. AGENCY IDEALS AND ENDEAVORS: Ideals and Endeavor II - Maintain An Environment Committed To Elevated Public Service (E) - Practice transparent & accountable fiscal management REVIEW BY OTHERS:
This Agenda item has been reviewed by the executive management team. FISCAL IMPACT: The fiscal impact of this proposed Agreement will be to raise the hourly rates for associates of the firm from $210 to $250 per hour and to create a new category of service under paralegals at the rate of $115 per hour. Respectfully submitted: John Mura General Manager / CEO ATTACHMENTS: Description JC Law Firm Retainer Agreement Type Backup Material
ATTORNEY-CLIENT FEE AGREEMENT JC LAW FIRM ( Attorney ) and EAST VALLEY WATER DISTRICT ( Client ) hereby agree that Attorney will provide legal services to Client on the terms set forth below. 1. CONDITIONS This Agreement will not take effect, and Attorney will have no obligation to provide legal services, until Client returns a signed copy of this Agreement and Attorney acknowledges acceptance of representation by counter-signing this Agreement and returning a fully executed copy to Client. Upon satisfaction of these conditions, this Agreement will be deemed to take effect as of June 15, 2016. 2. SCOPE OF SERVICES AND ATTORNEY S DUTIES Client hires Attorney to provide legal services in the following matter: general legal services performed in the capacity as general counsel to Client and other legal services as requested from time to time by Client. Attorney will provide those legal services reasonably required to represent Client. Attorney will take reasonable steps to keep Client informed of progress and to respond to Client s inquiries. If a court action is filed, Attorney will represent Client through trial and post-trial motions. 3. CLIENT S DUTIES Client agrees to be truthful with Attorney and not withhold information. Further Client agrees to cooperate, to keep Attorney informed of any information or developments which may come to Client s attention, to abide by this Agreement, and to pay Attorney s bills on time. Client will assist Attorney by timely providing necessary information and documents. Client agrees to appear at all legal proceedings when Attorney deems it necessary, and generally to cooperate fully with Attorney in all matters related to the preparation and presentation of Client s claims. 4. LEGAL FEES AND BILLING PRACTICES Client agrees to pay by the hour at Attorney s rates as set forth below for all time spent on Client s matter by Attorney and Attorney s legal personnel. Current hourly rates for legal personnel are as follows: Partners Associates Paralegals $300.00/hour $250.00/hour $115.00/hour The time charged will include, but is not limited to, the time Attorney spends on telephone calls, e-mails and other electronic communications relating to Client s matter, including calls Retainer Agreement- EVWD April, 2016 Page 1 of 5
and e-mails with Client, witnesses, opposing counsel, court personnel or other persons. The legal personnel assigned to Client s matter may confer among themselves about the matter, as required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. Likewise, if more than one of the legal personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent unless otherwise agreed to by the parties. Time is billed in minimum increments one-tenth (.1) of an hour. Attorney will charge for waiting time in court and elsewhere and for travel time, both local and out of town. 5. COSTS AND OTHER CHARGES (a) Attorney will incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include, service of process charges, filing fees, court and deposition reporters fees, translator/interpreter fees, jury fees, notary fees, deposition costs, long distance telephone charges, messenger and other delivery fees, postage, outside photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultants fees, expert witness, professional, mediator, arbitrator and/or special master fees and other similar items. The foregoing external costs and expenses will be charged at Attorney s cost. Internal charges are billed at the following rates: (1) mileage IRS Standard Mileage Rate; (2) in-house printing and photocopying.15 cents per page; (3) postage at cost; and (5) computerized legal research at cost. (b) Out-of-town travel. Client agrees to pay transportation, meals, lodging and all other costs of any necessary out-of-town travel by Attorney and Attorney s personnel. All such costs shall conform to Client s ordinances and internal policies regulating costs and expenses. (c) Experts, Consultants and Investigators. To aid in the preparation or presentation of Client s case, it may become necessary to hire expert witnesses, consultants or investigators. Client agrees to pay such fees and charges. Attorney will select any expert witnesses, consultants or investigators to be hired, and Client will be informed of persons chosen and their charges. 6. OTHER FEES AND COSTS Client understands that if Client s case proceeds to court action or arbitration, the court may award attorney fees as well as some or all of the type of costs enumerated in Paragraph 5 above to the other party or parties. Payment of such attorney fees and costs shall be the sole responsibility of Client. Similarly, other parties may be required to pay some or all of the fees and costs incurred by the Client. Client acknowledges that any such determination does not in and of itself affect the amount of the fees and costs to be paid by Client to Attorney pursuant to this agreement. 7. BILLS Attorney will send Client periodic bills for fees and costs incurred. Each bill will be payable within 30 days of its mailing date. Client may request a bill at intervals of no less than 30 days. Retainer Agreement- EVWD April, 2016 Page 2 of 5
If Client so requests, Attorney will provide one within 10 days. Bills for the fee portion of the bill will include the amount, rate, basis for calculation, or other method of determination of the Attorney s fees. Bills for the cost and expense portion of the bill will clearly identify the costs and expenses incurred and the amount of the costs and expenses. Client agrees to promptly review all bills rendered by Attorney and to promptly communicate any objections, questions, or concerns about their contents. 8. CLIENT APPROVAL NECESSARY FOR SETTLEMENT Attorney will not make any settlement or compromise of any nature of any of Client s claims without Client s prior approval. Client retains the absolute right to accept or reject any settlement. 9. DISCHARGE AND WITHDRAWAL Client may discharge Attorney at any time. Attorney may withdraw with Client s consent or for good cause or if permitted under the Rules of Professional Conduct of the State Bar of California and/or applicable law. Among the circumstances under which Attorney may withdraw are: (a) with the consent of Client; (b) Client s conduct renders it unreasonably difficult for the Attorney to carry out the employment effectively; and/or (c) Client fails to pay Attorney s fees or costs as required by this Agreement. Notwithstanding the discharge, Client will remain obligated to pay Attorney at the agreed rates for all services provided and to reimburse Attorney for all costs advanced. 10. CONCLUSION OF SERVICES When Attorney s services conclude, whether by completing the services covered by this Agreement, or by discharge or withdrawal, all unpaid charges for fees or costs will be due and payable immediately. Client may have access to Client s case file at Attorney s office at any reasonable time. At the end of the engagement, Client may request the return of Client s case file. If Client has not requested the return of Client s file, and to the extent Attorney has not otherwise delivered it or disposed of it consistent with Client s directions, Attorney will retain the case file for a period of 5 years after which Attorney is authorized by this agreement to have the case file destroyed. If Client would like Attorney to maintain Client s case file for more than 5 years after the conclusion of Attorney s services for Client on a given matter, a separate written agreement must be made between Attorney and Client, which may provide for Client to bear the cost of maintaining the file. In the event Client requests that Attorney transfer possession of Client s case file to Client or a third party, Attorney is authorized to retain copies of the case file at Attorney s expense. The case file includes Client papers and property as defined in Rule 3-700(D)(1) of the California Rules of Professional Conduct. 11. DISCLAIMER OF GUARANTEE AND ESTIMATES Nothing in this Agreement and nothing in Attorney s statements to Client will be construed as a promise or guarantee about the outcome of the matter. Attorney makes no such promises or guarantees. Attorney s comments about the outcome of the matter are expressions of opinion only, are neither promises nor guarantees, and will not be construed as promises or guarantees. Any deposits made by Client, or estimate of fees given by Attorney, are not a representation of a flat fee and will not be a limitation on fees or a guarantee that fees and costs will not Retainer Agreement- EVWD April, 2016 Page 3 of 5
exceed the amount of the deposit or estimate. Actual fees may vary significantly from estimates given. 12. PROFESSIONAL LIABILITY INSURANCE DISCLOSURE Pursuant to California Rule of Professional Conduct 3-410, I am informing you in writing that I have professional liability insurance. 13. NO TAX ADVICE Attorney has not been retained to provide Client with any tax advice concerning any of the services described in paragraph 2. Any documents prepared by Attorney may have specific tax ramifications. To be sure Client understands and is certain of all the potential tax consequences, Client should consult with tax advisors regarding these matters. 14. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties. 15. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. 16. MODIFICATION BY SUBSEQUENT AGREEMENT This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them. 17. EFFECTIVE DATE This Agreement will govern all legal services performed by Attorney on behalf of Client commencing with the date Attorney first performed services. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Attorney the reasonable value of any services Attorney may have performed for Client. /// /// /// /// /// /// /// /// /// /// /// /// Retainer Agreement- EVWD April, 2016 Page 4 of 5
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENT WILL RECEIVE A FULLY EXECUTED COPY OF THIS AGREEMENT. DATED: CLIENT By: Ronald L. Coats, Chairman DATED: ATTORNEY By: Jean Cihigoyenetche, APC, dba JC Law Firm Retainer Agreement- EVWD April, 2016 Page 5 of 5
To: From: Governing Board Members General Manager/CEO BOARD AGENDA STAFF REPORT Agenda Item #5. Meeting Date: May 25, 2016 Discussion Item Subject: Drought Update RECOMMENDATION: This report is provided to the Board of Directors for its information only. No action is required. BACKGROUND / ANALYSIS: The District s water conservation reduction levels for the month of November was 30%, and our cumulative water conservation is now at 22% when compared to the same time period in 2013. On May 9, 2016, Governor Brown issued Executive Order B-37-16 directing actions aimed at using water wisely, reducing water waste, and improving water use efficiency. The Executive Order, directed the State Water Control Resources Control Board (SWRCB) to adjust emergency water conservation regulations through the end of January 2017, and make adjustments in recognition of the differing water supply conditions across the State. The proposed changes by the SWRCB include replacing the current water conservation standards with local conservation standards based upon each agency s specific circumstances. The proposed regulation would require individual urban water suppliers to self-certify the level of available water supplies, assuming three additional dry years and the level of conservation necessary to assure adequate supply over that time. This selfcertification would include information provided by regional water distribution agencies (wholesale suppliers) about how regional supplies would fare during three additional dry years. The new conservation standards would take effect June 2016 and remain in effect until the end of January 2017. District staff will be working with San Bernardino Valley Municipal Water District, collecting the necessary information in order to complete the self-evaluation form, and submit it to the SWRCB by June 1, 2016. District staff will continue monitoring and reporting total water production numbers to the SWRCB and also continue to promote and implement water conservation efforts to meet the District s water conservation requirements. Staff will update the Board on any modifications to the Emergency Regulation that are approved by the SWRCB. AGENCY IDEALS AND ENDEAVORS: Ideals and Endeavor I - Encourage Innovative Investments To Promote Sustainable Benefits
(A) - Develop projects and programs to ensure safe and reliable services (B) - Manage and identify methods to conserve natural resources Ideals and Endeavor III - Demonstrate Visionary Leadership To Enhance District Identity (A) - Promote community involvement and educational opportunities (B) - Strengthen regional, state and national partnerships (C) - Utilize innovative communication methods (D) - Respect and preserve regional heritage Ideals and Endeavor IV - Fully Understand Challenges To Cultivate Effective Solutions (D) - Embrace an environment of active learning and knowledge sharing FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Respectfully submitted: John Mura General Manager / CEO Recommended by: Jose Martinez Assistant General Manager ATTACHMENTS: Description Drought Update Presentation Type Presentation
RESERVOIR LEVELS Department of Water Resources: March Miracle of heavy rain fueled by El Nino has filled many of Northern California's Lakes. Statewide Reduction 23.9% E A S T V A L L E Y W A T E R D I S T R I C T 2
CONSERVATION TIMELINE E A S T V A L L E Y W A T E R D I S T R I C T 3
STATE WATER BOARD REQUIREMENTS REQUIREMENT STATUS DATE Restrictions stay in effect and in full force May 9, 2016 No irrigation of turf or high water use plants in public street medians No potable water irrigation of newly constructed homes or buildings May 2015 Outdoor irrigation restricted to three days/week Request water at restaurants Hotel/Motel option to skip daily linen washing March 2015 No irrigation during or two days after measurable rainfall No run off or excessive waste for outdoor irrigation Hose shut-off nozzle when washing motor vehicle Outdoor landscaping watered between 8:00pm-6:00am July 2014 Cover swimming pools when not in use Water fountains and decorative features use recirculating system E A S T V A L L E Y W A T E R D I S T R I C T 4
STATE WATER BOARD REQUIREMENTS Executive Order [May 9, 2016] Use Water Wisely Reduce Water Waste Improve Water Use Efficiency Adjust Emergency Conservation Regulations through January 2017 Proposed Changes [May 18, 2016] Local Conservation Standards Conservation Targets Self-Certify Level of Available Water Supplies Removal of Restrictions Watering Days, Serving Water at Restaurants, Hotel/Motel Linen Washing Effective June 2016 January 2017 E A S T V A L L E Y W A T E R D I S T R I C T 5
MANDATORY SYSTEM REDUCTION Month Total System Reduction June 2015 37% July 2015 35% August 2015 27% September 2015 24% October 2015 18% November 2015 16% December 2015 13% January 2016 19% February 2016-1% CUMULATIVE TOTAL TO DATE 22% New Water Conservation Mandate = 22% March 2016 21% April 2016 28% E A S T V A L L E Y W A T E R D I S T R I C T 6
REBATE PROGRAM (2015-16 FISCAL YEAR) PROGRAM DETAILS # APPLICATIONS CONSERVATION IMPACT OUTDOOR PROGRAMS Turf Removal $2/square foot, $2500 maximum 250 259,151 square feet Water Efficient Landscaping $200 for qualifying landscaping 78 74 landscapes Sprinkler Nozzles $4/per high efficient sprinkler nozzle 31 1,914 nozzles Weather Based Irrigation System $150/irrigation system 34 28 WBICs INDOOR PROGRAMS Washing Machine $150/washer 44 40 washers Showerheads $30/showerhead 32 46 showerheads Toilets $100/toilet 183 597 toilets E A S T V A L L E Y W A T E R D I S T R I C T 7
WATERING VIOLATIONS 1232 Total Violations 312 NUMBER OF VIOLATIONS 200 139 140 179 164 90 18 September October November December January February March April 2015 2016 E A S T V A L L E Y W A T E R D I S T R I C T 8
OUTREACH EFFORTS On Our Way to 28 Program Results 53 Unique Pieces Nearly 800,000 Impressions $0.11 Cost Per Piece Direct Mail 5% Bill Inserts 4% Handouts 6% Advertisements 37% When in Drought Check it Out Social Media 48% E A S T V A L L E Y W A T E R D I S T R I C T 9
OUTREACH EFFORTS E A S T V A L L E Y W A T E R D I S T R I C T 10
CONSERVATION COMMISSION Increased Community Involvement Three Training Sessions Hear Appeal Requests for Water Violations Make Recommendations on Enforcement to Board of Directors Board of Directors District Liaison 5 Commissioners E A S T V A L L E Y W A T E R D I S T R I C T 11
To: From: Governing Board Members General Manager/CEO BOARD AGENDA STAFF REPORT Agenda Item #6. Meeting Date: May 25, 2016 Discussion Item Subject: Award Professional Services Contract for the Advanced Meter Infrastructure (AMI) Implementation RECOMMENDATION: Staff recommends that the Board of Directors award the contract for the Advanced Meter Infrastructure to Equarius Waterworks. BACKGROUND / ANALYSIS: In December 2015, a grant agreement was executed between the District and the California Department of Water Resources to implement an Advanced Meter Infrastructure (AMI). Staff sent an RFP for AMI Implementation to eight firms and received five responses from the following firms: 1. Aclara, St. Louis 2. Aqua Metric, Riverside 3. Equarius Waterworks, Torrance 4. Inland Water Works, San Bernardino 5. Mueller Systems, Cleveland The proposals were evaluated by an internal AMI Selection Panel that consisted of staff representing Engineering, Information Technology, Finance, Operations, Administration, as well as the District s Consultant Ash Dhingra. The proposals were reviewed based on the following factors: Qualifications and experience with references similar to the District. Knowledge and capability to satisfy the Grant requirements. AMI technical features and expected business value. Compatibility with the District s enterprise systems and business processes. Schedule compatibility with the District s needs and Grant timeline. Quality and effectiveness of the implementation plan. Level of effort for the proposed Scope of Work. Interviews were conducted with a short list of three firms to gain a comprehensive understanding of the proposals and provide an opportunity for clarification. As a result of those interviews a final selection was made to recommend the contract award to Equarius Waterworks.
Upon authorization, the General Manager/CEO will enter into an agreement with Equarius Waterworks. AGENCY IDEALS AND ENDEAVORS: Ideals and Endeavor I - Encourage Innovative Investments To Promote Sustainable Benefits (B) - Manage and identify methods to conserve natural resources (D) - Dedicate effort toward system maintenance and modernization Ideals and Endeavor IV - Fully Understand Challenges To Cultivate Effective Solutions (A) - Support ongoing business process improvement REVIEW BY OTHERS: The AMI Selection Panel and District s Legal Counsel have reviewed this item. FISCAL IMPACT: The fiscal impact for this project is $2,011,465, which is the maximum amount payable by the State. The project will be funded by the Water-Energy Grant Program. Respectfully submitted: John Mura General Manager / CEO Recommended by: Jose Martinez Assistant General Manager