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HomeMy WebLinkAboutAgenda Packet - Finance & Human Resources Committee - 10/07/20080 East Valley Water District BUDGET COMMITTEE MEETING Date: October 7, 2008 Time: 3:00 p.m. Place: 3654 E. Highland Ave, Suite 12 Highland, CA 92346 AGENDA CALL, TO ORDER FLEDGE OF ALLEGIANCE 1. Public Comments 2. Discussion and review of the District's purchasing /procurement policy (sole source agreements, automatic contract renewals, bidding, contractors, consultants and suppliers). 3. Update regarding energy audit programs. 4. Discussion regarding the District's surplus property (leasing vs. purchasing vehicles, equipment, property and appraisals). 5. Update regarding the District's conference 5. Discussion regarding the Rate Hearing presentation. 1. Discussion regarding Identity Theft Prevention Measures. 8. Discussion regarding CaIPERS. ADJOURN 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 above - agendized public meeting should be directed to the District's Administrative Manager at (909) 885 -4900 at least 72 hours prior to said meeting. RESOLUTION NO. 2008. RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT AMENDING ITS CONTRACT PROCEDURES WHEREAS, the East Valley Water District ( "the District ") is a county water district duly organized and operating pursuant to California Water Code Section 30000 et seq., and is not specifically required to award contracts in accordance with the competitive bidding requirements of the California Public Contract Code; WHEREAS, there is a need to promote uniformity in the processing of bids and contracts for services and projects within the District; WHEREAS, the provisions of the Public Contract Code have been generally used to create a procedure for processing bids and contracts for the District which will provide public information and uniformity in the expenditure of public funds for projects and services negotiated by the District; WHEREAS, on April 8, 1991, the District's Board of Directors adopted Resolution No. 1991.45 establishing bidding and contract procedures as part of its Rules and Regulations so as to provide guidance and direction to the District's Board of Directors and staff in obtaining outside services for projects initiated by the District; WHEREAS, Resolution No. 1991.45 also provides that the "Contract Procedures" set forth therein may be modified from time to time by the District's Board of Directors as is deemed to be necessary; WHEREAS, on February 9, 1998, the District's Board of Directors adopted Resolution No. 1998.1 amending the "Contract Procedures" contained in Resolution No. 1991.45; and WHEREAS, the District's Board of Directors desires to finlher amend the "Contract Procedures" contained in Resolution No. 1991.45, as modified by Resolution No. 1998.1. NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the District as follows: Section 1. The "Contract Procedures" attached hereto and incorporated herein by this reference are hereby adopted as part of the Rules and Regulations of the District to provide guidance and direction for the District's staff and Board of Directors in procuring services and supplies on behalf of the District. Section 2. Resolution Nos. 1991.45 and 1998.1 are hereby superseded in their entirety by this Resolution and shall be of no further force or effect. Section 3. The Contract Procedures set forth herein may be modified as necessary from time to time by similar action of the District's Board of Directors. Section 4. This Resolution shall take effect immediately upon its adoption. ADOPTED this _ day of 2008. AYES: NOES: ABSENT: ABSTAIN: President, Board of Directors ATTEST: Secretary, Board of Directors CONTRACTPROCEDURES Section 1. Purpose The following procedures have been adopted by the Board of Directors of the East Valley Water District to promote uniformity in the processing of bids and contracts for services and projects within the East Valley Water District. Section 2. Policy These procedures are established to provide guidance and direction for the Board of Directors and staff of the East Valley Water District in procuring services on behalf of the East Valley Water District, and these procedures shall be generally referred to as "Contract Procedures." Section 3. Definitions A) Approved Vendors — means those qualified contractors approved by the General Manager for Competitive Bidding purposes. B) Bid Most Advantageous To The District — means the Lowest Responsible bidder on a District project that is subject to Competitive Bidding from among those bids that are deemed to be Responsive to the Specifications. C) Board — means the Board of Directors of the District. D) Competitive Bidding— means the process of obtaining the Bid Most Advantageous To The District for any Purchase conducted through a Formal Bid or Informal Bid, E) District — means the East Valley Water District. F) Formal Bid — means a written quotation obtained in a sealed envelope from an Approved Vendor, or through District direct solicitation, public announcement, orpublished advertisement and opened at a specific day, place, and time. Bidders can be from the Approved Vendor's list or from bidders responding to advertisements or openly solicited requests for bids. Notice inviting bids for any contract requiring Competitive Bidding shall state the time and place for receiving and opening of sealed bids and distinctly describe the project and providing such other information as necessary to fully comply with legal requirements. The notice shall be published in a newspaper of general circulation which is circulated within the District, at least 14 calendar days before the date of opening the bids and posting at the District Administration Building. The notice inviting formal bids shall also be mailed at least 21 calendar days before the date of opening bids to all contractors or other persons requesting notification of formal bids, and other sources as appropriate. G) Informal Bid — means a written or oral quotation obtained from an Approved Vendor, but not required to be opened publicly at a specified day, place, and time. All Approved Vendors on the list described in Section 7.A) of these Contract Procedures for the category of work being bid shall be mailed notice inviting informal bids unless the Services or Supplies are proprietary. All mailing of such notices shall be completed not less than ten (10) calendar days before bids are due. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for submission of bids. Ii) Intermediate Project — means a Purchase by the District that will cost more than $150,000 but less than $500,000 to complete. I) Lowest — means the smallest bid in monetary terms received by the District for the cost of a project subject to Competitive Bidding. J) Major Project — means a Purchase by the District that will cost in excess of $500,000 to complete. I.) Minor Project — means a Purchase by the District that will cost $150,000 or less to complete. 1L) Plans — means drawings or diagrams made to scale showing the structure or arrangement of a constriction project, or a method or program showing a level of service or benefit defined within a contract. Plans will become part of the awarded contract. All bidders will be afforded an opportunity to examine the Plans. M) Professional Services — means all legal, accounting, engineering, architectural, and similar labor furnished to the District by persons, firms, individuals or corporations not part of or connected with the District N) Purchase — means buying, renting, leasing or otherwise acquiring Supplies or Services for a price. d) Responsible — means the Lowest bidder who possesses the trustworthiness, quality, fitness, ability, capacity, and experience to satisfactorily perform a District project subject to Competitive Bidding. When the Lowest bidder is found not to be Responsible, the District must notify the bidder o this finding and the evidence upon which the finding was based, and the District must afford the bidder an opportunity to rebut such adverse evidence, and permit the bidder to present evidence that the bidder is Responsible. P) Responsive — means a bid received by the District for a project subject to Competitive Bidding that substantially conforms to the bid Specifications and all applicable statutory requirements. A bidder is not entitled to a hearing on the question of Responsiveness, but is entitled to notice and the right to submit materials to the Board or the District's General Manager before a decision is made. 9 Q) Services — means all labor furnished to the District by persons, firms, individuals or corporations not part of or connected with the District. R) Sole Source Contractor — means a contractor or consultant that has been evaluated to provide unique or specialized Services or Supplies that cannot be obtained from other contractors or consultants. Such designation must be approved by the Board. S) Specifications — means standards, including quality, set by the General Manager, supervisory staff or consultants as a guide and as a measure of that which successful vendors or contractors must achieve. Specifications shall be either technical specifications for bids, which shall state formulations as broadly as practicable, yet shall be specific enough to describe the requirements of the District or non- technical specification for bids, which shall state the quality required in general terms. Specifications will become part of the awarded contract. All bidders will be afforded an opportunity to examine the specifications. T) Splitting Purchases — means the intentional separation of a District project into smaller portions in order to avoid any of the Purchasing limits established by this policy. U) Supplies — means all materials and equipment. Section 4. Applicability This policy shall apply to all Purchases made by the District, except as otherwise specified herein. In implementing this policy, District employees are prohibited from Splitting Purchases. Section 5. Purchasing Practices The following requirements apply with respect to the Purchase of Services and/or Supplies by the District: A.) Major Project. 1) For a Major Project, or otherwise upon direction of the Board, the Purchase shall be contracted for and let to the Bid Most Advantageous To The District by formal action of the Board after complying with the Competitive Bidding requirements applicable to a Formal Bid. If two or more bids are the same and the Lowest, the Board may accept the one it chooses. 2) All bids received on a Major Project shall be opened in public at the time and place designated in the notice. The bids shall be evaluated for compliance with the notice and requirements of the District. The District shall determine from the bids received on a project the contractor that has presented the Bid Most Advantageous To The District. Thereafter, the District shall indicate that a contract will be executed according to specific terms to be negotiated by the General Manager. If terms cannot be negotiated, the General Manager may be delegated to terminate negotiations and open negotiations with the contractor presenting the second Bid Most Advantageous To The District for the project. 13) Intermediate Project. For an Intermediate Project, the Board hereby delegates to the District's General Manager the authority to contract with the Bid Most Advantageous To The District after complying with the Competitive Bidding requirements applicable to an Informal Bid. If two or more bids are the same and Lowest, the District's General Manager may accept the one he or she chooses. C) Minor Project. For a Minor Project, the Board hereby delegates to the District's General Manager the authority to negotiate and award contracts as appropriate without the necessity of complying with any of the Competitive Bidding requirements set forth herein. Section 6. Construction Contracts In addition to all other applicable requirements set forth in these Contract Procedures, the following provisions apply with respect to any Purchase of Services and /or Supplies by the District involving the construction or completion of any building, structure, or improvement: A) Plans and Specifications. If Plans and Specifications are prepared describing the work, all bidders shall be afforded an opportunity to examine the Plans and Specifications, and the Plans and Specifications shall be attached to and become a part of the contract, if one is awarded. B) Bid Security. All Formal Bids for construction work shall be presented under sealed cover and shall be accompanied by bidder's security in the form of either cash, a cashier's check made payable to the District, a certified check made payable to the District, or a bidder's bond executed by an admitted surety insurer made payable to the District. Upon an award to the bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the District beyond sixty (60) days from the time the award is made. C) Bonds. The Board may, subject to Civil Code Section 3247 et seq., require the posting of those bonds it deems desirable as a condition to the filing of a bid or the letting of a contract. D) Record. The District shall keep cost records of the work in the manner provided in Government Code Section 4000 et seq. Section 7. Competitive Bidding In addition to all other applicable requirements set forth in these Contract Procedures, the following provisions apply with respect to the manner in which Competitive Bidding is conducted by the District: A) Contractor's List. The District's General Manager shall develop a list of Approved Vendors who shall receive mailed notices of all Formal Bids and Informal Bids for projects conducted by the District. The list of Approved Vendors shall be identified according to categories of work. Minimum criteria for development and maintenance of the contractors for each category shall be developed by the District's General Manager. This list shall be updated as necessary, but at least annually, and shall be considered a public record available for review upon request. The list may be limited to geographical areas for certain categories of projects. 13) Record of Bids. The District's General Manager shall keep a record of all bids submitted, and such record shall be open to proper inspection by any interested party within a reasonable amount of time. Q Rejection of Bids. The District shall have the authority to reject any and all bids received in response to invitations for bids. Rejection of Informal Bids may be done at the discretion of the District's General Manager. Rejection of Formal Bids may be done only at the discretion of the Board. 1) Any individual rejection of bids shall be made stating the reasons for rejection. If the Board determines that the bidder is not a responsible contractor, a hearing must be held to allow the bidder to respond to the allegations. A hearing need not be held if a bid is rejected on the grounds of non- responsiveness. 2) If all bids are rejected, the District shall indicate (a) that the project has been abandoned, and (b) that the economics of the project require that the project be substantially modified before readvertising. D) Bid Irregularities. The District may waive a minor bid irregularity that does not give an unfair advantage to another bidder. However, the District is under no obligation to waive bid irregularities. E) Exemptions. Notwithstanding anything contained in these Contract Procedures to the contrary, Purchases may be negotiated without competitive Bidding with when one of the following circumstances is present: 1) When the Purchase involves a contract for Professional Services. 2) When an emergency exists, the District may proceed in accordance with Section 10 of these Contract Procedures, 3) When a Sole Source Contractor has been designated. 4) When Competitive Bidding would fail to produce an advantage and /or when the advertisement for Competitive Bidding would be undesirable, impractical, or impossible. Section 8. Emergencies A) Vote. In the case of an emergency, the District, pursuant to a four - fifths vote of the Board, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary Services and Supplies for those purposes, without giving notice for bids to let contracts. 13) Findings. Before the Board takes any action pursuant to paragraph A) above, it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency. C) Delegation. The Board, by four -fifths vote, hereby delegates to the District's General Manager the authority to order any action pursuant to paragraph A) above. D) Report. If the District's General Manager, pursuant to the authority delegated by the Board under paragraph C) above, orders any action specified in paragraph A) above, that person shall report to the Board, at its next meeting, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. F.) Review. 1) If the Board orders any action specified in paragraph A) above, the Board shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four -fifths vote, that there is a need to continue this action. 2) If the District's General Manager, pursuant to the authority delegated by the Board under paragraph C) above, orders any action specified in paragraph A) above, the Board shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four - fifths vote, that there is a need to continue the action, unless the District's General Manager has terminated that action prior to the Board reviewing the emergency action and making a determination pursuant to this paragraph. 3) When the Board reviews the emergency action pursuant to paragraph E)1) or E)2) above, it shall terminate the action at the earliest possible date completed by giving notice for bids to let contracts. Section 9. Scope of General Manager's Authority The District's General Manager shall purchase or contract for all Supplies, Services, and Capital Equipment needed in accordance with procedures prescribed by this adopted policy and such additional lawful rules, not inconsistent herewith, as the District Manger shall employ for the efficient internal management and operation of the District. RESOLUTION NO. 2008.04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT APPROVING AWARD OF SOLE SOURCE CONTRACTS TO LAW PLUMBING COMPANY FOR CERTAIN PUBLIC WORKS PROJECTS WHEREAS, the East Valley Water District ( "District ") is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq.; WHEREAS, the District, as a County Water District, is not subject to the competitive bidding requirements of the California Public Contracts Code [Associated Builders and Contractors v. Contra Costa Water District (1995) 37 Cal. App. 0' 466, 43 Cal. Rptr. 2d 6001; WHEREAS, on April 8, 1991, the District's Board of Directors (`Board ") adopted Resolution No. 1991.45 which established bidding and contract procedures as part of the District's Rules and Regulations so as to provide guidance and direction to the District's staff in obtaining outside services for projects initiated by the District; WHEREAS, Resolution No. 1991.45 also provided that the "Contract Procedures" set forth therein may be modified by the Board from time to time as deemed necessary; WHEREAS, on February 9, 1998, the Board adopted Resolution No. 1998.1 which modified the Contract Procedures" contained in Resolution No. 1991.45 to exempt from any formal and informal bidding requirements any project for which a "sole source contractor" has been designated; WHEREAS, for purposes of the "Contract Procedures" contained in Resolution No. 1991.45, the term sole source contractor" is defined in Resolution No. 1998.1 as "a contractor or consultant that has been evaluated to provide a unique or specialized service which cannot be obtained from other contractors," which designation must be approved by the Board; WHEREAS, the District occasionally requires immediate plumbing services in connection with projects involving the operation, installation, maintenance, and repair of underground piping and other appurtenances so as to enable public use thereof as soon as possible without undue delay associated with any applicable formal or informal bidding process; and WHEREAS, the District's past experiences with Law Plumbing Company is such that it has been available to perform such plumbing and pipeline repair services for the District in a timely manner despite short notice and with high - quality workmanship that has been accepted by both the District and other local governmental agencies possessing regulatory oversight. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the East Valley Water District that the Board hereby finds and determines that Law Plumbing Company be designated as a sole source contractor for plumbing and pipeline repair services in connection with District projects for which the District's General Manager concludes that entertaining formal and informal bids prior to the performance of such work would cause undue delay, hardship, and inconvenience to the public. The Board reserves the right to withdraw this designation in its entirety, or to suspend this designation on a project -by- project basis, in the exercise of its sole discretion. BE IT FURTHER RESOLVED that, with respect to District projects for which the sole source designation applies in the limited manner described above, the District's Board of Directors hereby authorizes the District's General Manager to enter into contracts with Law Plumbing Company as necessary to ensure timely plumbing and pipeline repair so as to prevent undue delay, hardship, and public inconvenience, at a price not to exceed $900,000, without the necessity of engaging in the formal or informal bidding process contained in the District's "Contract Procedures" as set forth in Resolution Nos. 1991.45 and 1998.1. Resolution No. 2008.04 Page Two ADOPTED this I I'l' day of March. 2008. AYES: Directors: Goodin, LeVesque, Sturgeon, Wilson NOES: None ABSTAIN: None ABSENT: Director: Negrete ri .0 —'0' Z4'-w resident, Boar of Directors ATTEST: Azz Secretary, Board of Directors 7 Ij5 jS Uh a 1, RobsR Mmnb, do hmeby mft OW thb M a trw t W" of to Woad R013ERTMARTK s mvWv To tho Booed Fast VOW WOW OIUM P RESOLUTION NO. 2007.08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT APPROVING AWARD OF SOLE SOURCE CONTRACTS TO ROQUET PAVING, INC., FOR CERTAIN STREET PAVING PROJECTS WHEREAS, the East Valley Water District ( "District ") is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq.; WHEREAS, the District, as a County Water District, is not subject to the competitive bidding requirements of the California Public Contracts Code [Associated Builders and Contractors v Contra Costa Water District (1995) 37 Cal. App. 4h 466, 43 Cal. Rptr. 2d 600[; WHEREAS, on April 8, 1991, the District's Board of Directors ( "Board ") adopted Resolution No. 1991.45 which established bidding and contract procedures as part of the District's Rules and Regulations so as to provide guidance and direction to the District's staff in obtaining outside services for projects initiated bytheDistrict; WHEREAS, Resolution No. 1991.45 also provided that the "Contract Procedures" set forth therein may be modified by the Board from time to time as deemed necessary; WHEREAS, on February 9, 1998, the Board adopted Resolution No. 1998.1 which modified the Contract Procedures" contained in Resolution No. 1991.45 to exempt from any formal and informal bidding requirements any project for which a "sole source contractor" has been designated; WHEREAS, for purposes of the "Contract Procedures" contained in Resolution No. 1991.45, the term sole source contractor" is defined in Resolution No. 1998.1 as "a contractor or consultant that has been evaluated to provide a unique or specialized service which cannot be obtained from other contractors," which designation must be approved by the Board; WHEREAS, the District occasionally requires immediate street paving and spot repair after completion of projects involving the operation, installation, maintenance, and repair or underground piping and other appurtenances so as to enable public use of the streets as soon as possible without undue delay associated with any applicable formal or informal bidding process; and WHEREAS, the District's past experiences with Roquet Paving, Inc., is such that it has been available to perform street paving and spot repair services for the District in a timely manner despite short notice and with high - quality workmanship that has been accepted by both the District and other local governmental agencies possessing regulatory oversight. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the East Valley Water District hereby finds and determines that Roquet Paving, Inc., be designated as a sole source contractor for the paving of streets in connection with District projects for which the District's General Manager concludes that entertaining formal and informal bids prior to the performance of such work would cause undue delay, hardship, and inconvenience to the public. The Board reserves the right to withdraw this designation in its entirety, or to suspend this designation on a project -by- project basis, in the exercise of its sole discretion. BE IT FURTHER RESOLVED that, with respect to District projects for which the sole source designation applies in the limited manner described above, the District's Board of Directors hereby authorizes the District's General Manager to enter into contracts with Roquet Paving, Inc., as necessary to ensure timely street paving so as to prevent undue delay, hardship, and public inconvenience, at a price not to exceed 250,000, without the necessity of engaging in the formal or informal bidding process contained in the District's "Contract Procedures" as set forth in Resolution Nos. 1991.45 and 1998.1. Resolution No. 2007.08 Page Two ADOPTED this 24'h day of April, 2007, AYES: NOES: ABSTAIN: ABSENT: ATTEST: Ro Art artin Boazd Secre tary Kip E. Sturgeon, Board President 1, Robert Martin, do hereby certify that thisisatrues d correct copy of the record. ROBERT MA TIN, Secretary To the BoardLastValleyWaterDistrict EAST VALLEY WAT;R DISkrRICT BID SHEET AND UNIT PRICE Remove temporary patch and pave with asphalt.) AREA IN SQUARE FEET Thickness 1 010 -20 1 21 -50 1 51 -150 1 151 -500 501 -1000 11001-20001 2001 &Over Min. Patch 150.00 BID SHEET AND UNIT PRICE Barber Green Cap 1 "thick by l0' wide over ditch) 300 lin ft. $ 2.75 per sq. ft. 400 lin ft. $ 2.25 per sq. ft. 500 lin ft. $ 1.90 per sq. ft. 700 lin ft. $ 1.47 per sq. ft. 900 fin ft. S 3" 10.$2 9.02 8.09 7.36 6.47 4.22 3.00 4" 10.80 9.49 8.59 7.81 6.86 4.68 3.48 5" 11.31 9.99 9.07 8.39 7.45 5.15 3.99 6" 11.82 10.48 9.52 8.79 7.93 5.63 t 4.46 0 301 401 501 701 901 1,101 Min Charge 0 351 751 1,501 3,001 5,001 10,001 Min Charge 0 351 751 1,501 3,001 5,001 10,001 Revised : 1/25/2007 JAI BID SHEET AND UNIT PRICE Barber Green Cap 1 "thick by l0' wide over ditch) 300 lin ft. $ 2.75 per sq. ft. 400 lin ft. $ 2.25 per sq. ft. 500 lin ft. $ 1.90 per sq. ft. 700 lin ft. $ 1.47 per sq. ft. 900 fin ft. S 1.30 per sq. ft. 1,100 fin ft. $ 1.20 per sq. ft. over lin ft. $ 1.10 per sq. ft. IBl BID SHEET AND UNIT PRICE Grind, Petromat, & Overlay 1 -1/4" thick) 6,500.00 per sq. ft. 350 sq. ft. $ 20.00 per sq. ft. 750 sq. ft. S 13.50 per sq. ft. 1,500 sq. ft. $ 12.00 per sq. ft. 3,000 sq. ft. $ 6.00 per sq. ft. 5,000 sq. ft. $ 4.15 per sq. ft. 10,000 sq. ft. $ 3.00 per sq. ft. over sq. ft. $ 2.40 per sq. ft. 1C1 BID SHEETAND UNITPRICE Grind & Overlay 1 -1/4" thick) 5,000.00 per sq. ft. 350 sq. ft. $ 14.00 per sq. ft. 750 sq. ft. $ 12.75 per sq. ft. 1,500 sq. ft. $ 9.50 per sq. ft. 3,000 sq. ft. $ 5.00 per sq. ft. 5,000 sq. ft. S 3.15 per sq. ft. 10,000 sq. ft. $ 2.35 per sq. ft. over sq. ft. $ 1.75 per sq. ft. Roquet Paving Inc PO Box 887 Calton CA 92324 909) 783 -4477 -Fax (909) 783 -0267 I NAMEIADDEM I East Valley Water District PO Box 3427 San Bemmdino, CA 92413 Atm: Ron CONTRACT/PROPOSAL CONTRACT NO. mm _ T77 $309 DATE 819/2006 YOB LOCATION Yearly Price Sheet DESCRIPTION CONTYACTTO.. 1. Revised prlees for ourrentprice sheet inchuliRg prevalft wage rates: (Start Date: OVOL106 thru 000/07) EAST VALLEY WATER DISTRICT BID SHEET AMID UNIT PRICE Remove xayomy patch and pave with asphalt.) AREA IN SQUARE FEET Thiclatesa 010.20 21 -50 51 -150 151 -500 501 -1000 1001.20W 2001 &Oyer Min -Patch $150.00 3" $10.32 $9.02 $8.09 $7.36 6.47 54.22 $3.00 4" $10.80 $9.49 $8.59 $7.81 6.86 4.68 $3.48 5" $11.31 $9199 $9.07 $8.39 57.45 5.15 $3.99 6" $11.82 $10.48 $9.52 $8.79 7.93 5.63 $4.46 BID SHEET AND UNIT PRICE Barber (been Cap I "tWck by 19 wide over ditch) 0 -3001m R. $ 2.75 per sq.& 301 .400Lin ft. $ 2.25 per sq. & 401- 500 En & $ 1.90 per sq. & Sol -700 No IL $ IA7 per sq. D. 701 - 900 he ft. $ 130 per sq. fL 901 -1100 fin ft. $ 1.20 per sq. 16- 1101- over Nn & $ 1.10 per sq. & papa' ESTIMATE TOTAL Any alterations or deviations trout these spenificauano aWar terms imolvidg extra cost of material or tabor will become an extra charge ovot tfte sum mentioned to this contract. We are not responsible for dra nqo wheretado of rate of fall is less then six (6) uubea par one hundred (100) feet. Unless otherwise herein provided Ws contract shall be due add payable ,0 P. O. Box 887, Colton, CA within 10 days from dare of invoice. All provisions on the rry ase side hereof are incorporated be=. By By "WAW . Authorized Agem or Owner CW64corr Original to be signed and returned mcontractm.. WRITE - ORIGINAL PINE - CU5fOMER'S COPY YELLOW - I'lu COA Justine, Attached you will find the information pertaining to the SCE Energy center's class. Classes and Workshops are scheduled every month at different locations. The class that Director LeVesque recommended "Managing Energy in Water and Wastewater Facilities" is only scheduled for 9/29/08 — 9/30/08 at 1pm -5pm. The schedule for next year is not yet posted. The California Retrofit information regarding the T12 lamps. It is paid for by PUC charges on our bills and is free to us. Last year the limit was $10, 000 in replacements. The limit for 2009 has not been set or is unknown when it will be started. The District is on the priority list for 2009. I did inquire about the difference in the T12 lamps with magnetic ballast and the T8 lamps with electronic ballast. The representative was unsure of the difference with the ballast but stated that the T8 lamp is smaller and uses less energy; the T8 lamp is also just as bright as the T12 lamps. In regards to the California Energy Commission, I looked at the website and printed some information regarding energy saving projects as well as an application and information for the Energy Partnership Program. If you have any further questions or would like more information, please let me know. 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Sf IX%: TY <aC:GC'x 3liN'13vYta3[[tSTiS [LS][IDf e' M' = nrz1 a^. 2' SS2 W¢" s0• •^m- ......rz.- cs cal l:F.4:: :. tn::)'.uv t 1. k == i € ti p ENERGYCOMMISSIO a Home -» efficie >> partnership IE ;rtery Partner hi Proram ................................................................................ ............................... Make Your Facilities Energy Efficient - Reap Big Benefits! Who is eligible? Costs for facility operations keep going up. Typical energy costs are three to ten percent of annual operating expenses. For the largest facilities, that can exceed $1 million per year! One way to save money is by reducing your energy costs. The Energy Partnership Program offers services to hep find was or you to become more energy wise. Do you need help identifying the most cost effective energy saving opportunities? The Energy Partnership Program can help, usually at no cost to you. Savings are proven to typically reduce annual utility costs by an average of 20 percent. The simple reasons are that efficiency upgrades reduce annual maintenance costs, increase cost savings, conserves resources and reduces green house gas emissions. Cities Counties Special districts Public or non - profit hospitals Public or non - profit public care facilities Public; or non - profit colleges /universities Here's how we can assist you Conduct energy audits Review existing proposals and designs Develop equipment performance specifications Its there a cost to participate in the Energy Partnership Program? For many facilities there may be no cost. The Energy Commission can provide an energy audit that identifies energy saving recommendations. To assist you, we provide technical assistance services (up to $20,000 of our consultants costs). The cost of a study depends on the facility size, type and scope of the project. We contract with experienced engineering and architectural consultants who provide the technical assistance. How do I pay for our energy saving project? If you need financing to implement the projects recommended by our energy audit (or from an independent analysis) you can apply for a low interest loan from the Energy Commission. Fcr information, go to www.energy.ca.gov/efficiency/financin.q/ Existing Facilities Use the Energy Partnership Program to target energy efficiency improvements of your existing facilities. We can identify energy - related projects that should be implemented immediately as part of a comprehensive energy program. The Energy Partnership http: / /www.energy.ca.gov /efficiency /partnership /index.html 9/22/2008 Program can identify state loans and other financing mechanisms to get these projects installed. For existing facilities, the Energy Partnership Program can: Conduct energy audits and prepare feasibility studies Review existing proposals and designs Develop equipment performance specifications Review equipment bid specifications Assist with contractor selection Assist with commissioning New Construction Facilities built with energy efficient designs cost less to operate. That means continuous savings from the first day of operation! It is possible to reduce energy consumption significantly below the state's minimum building efficiency standard (Title 24), particularly if you get the Energy Partnership Program involved early in the design phase. Here are some ways we can help with new construction Provide design consultation Compare different technologies Review schematics and construction plans Provide equipment specification consultation Identify cost - effective, energy- saving measures Develop computer simulation models of your planned project Help select experienced professionals with energy efficiency expertise Assist with commissioning The New Energy Partnership Program Brochure is available in Adobe Portable Document Format (PDF). I Back to Top rhe Application Process How do I apply for an energy audit? 1. Complete the Technical Assistance Application. (updated: 4/08) Download PDF Application (2 pgs, 35 kb) Download Interactive Word_APpl!cation (95 kb) 2. Enclose supplemental information: past energy studies, preliminary plans or proposals, latest 12 months gas and electric utility bills, and energy -using equipment inventories for the buildings or facilities that you are requesting assistance for. 3. Complete Governing Board Resolution. The Energy Commission must have a resolution from your governing board before providing technical assistance. The Energy Partnership Program sample resolution is available in Adobe Portable Document Format (PDF) or as an interactive Word Document. Dgwnload..EPP. R...solution (PDF file, 1 page, 12 kb) Download Interactiv_e_EPP Resolution (Word file, 48 kb) 4. Mail your application, and supplemental information to: California Energy Commission Energy Partnership Program Public Programs Office http: / /www.energy.ca.gov /efficiency /partnership /index.html 9/22/2008 1516 Ninth Street, MS 42 Sacramento CA 95814 -5512 How will you evaluate my application? The application must indicate how you plan to execute and fund recommended projects. Your Governing Board Resolution must demonstrate a strong commitment to implementing the Energy Partnership Program's energy efficiency recommendations. When is my application due? This is a continuously open program with no final filing date. Applications will be accepted on a first -come, first -served basis. Technical assistance funds are limited so you are encouraged to submit your application early. What if I need funding for my energy saving projects? If you need funds to finance and implement the projects recommended by the Energy Partnership Program or as a result of your independent analysis, you can apply for a low interest loan from the Energy Commission. Loans are available at competitive rates for public agencies. For information, go to: www.eneigv ca gov /efriciency/finanginci//. Back to Top. Contact Us For questions or information please contact: Virginia Law California Energy Commission Public Programs Office 1516 Ninth Street, MS 42 Sacramento CA 95814 -5512 Telephone: 916 -654 -3838 Fax: 916-654-4304 E -mail: pubprog @energy.state.ca.us Other Information Costs for facility operations keep going up, but one way to save money is by reducing energy costs. Find out how some agencies have reduced their operating costs by exploring the various sections below or contact the Energy Commission. Case Studies of Program Participants Energy Partnerships - case studies of energy savings projects are available in Adobe Portable Document Format (PDF). Cities Fairfield. (112 kb) Los Gatos. (104 kilobytes) Oakland (100 kb) Redlands (144 kb) San_Be.rnardino, (1.2 mb) S.-an,-Carlos (112 kb) Santa.. Rosa (112 kb) http: / /wwwv.energy.ca.gov /efficiency /partnership /index.htrnl 9/22/2008 Counties: Alameda (100 kb) Contra.C.osta. (136 kb) Shasta County (120 kb) Colleges: Los Angeles Pierce (112 kb) Canyon College (108 kb) Hospitals: Sierra-View (100 kb) General Technical Assistance Documents Cities Colleges Jght.E.ntit4ing.Diode Traffic_$.gnai..Survey..Results many local governments are replacing their incandescent traffic and pedestrian signals with those using light emitting diodes, also known as LEDs. Find out what public agencies in California are doing and read their comments about LED performance. The original survey was conducted in 1999 and a subsequent survey in 2004. Energy ervices_pr..oviders Survey Results, - this survey was conducted to determine whether the changes in the electricindustryinCaliforniahadaffectedtheservicesofferedbyEnergyServicesCompanies. The original survey was conducted in 1999 and a subsequent survey in 2004. The results of the 2004 survey will be available in early 2005. auideSo..P._[ sparing.. FensibiJi ..ty_S.tudiesl9rE.nergy_ -Efficiency. Ptojscts_(Febr_uwy..29.OD) - This guide contains information for those preparing studies to analyze energy saving projects. The guide discusses the information needed to evaluate the feasibility of proposed energy efficiency projects. Acrobat PDF file, 183 pages, 560 kilobytes) Conditions of Use Privacy_Pol Decisions Pen ding_.and Opportunities for Public.Participation Copyright ©1994 -2008 California Energy Commission, All Rights Reserved State of California, Arnold Schwarzenegger, Governor Last Modified: 09/02/08 ht.p: / /www.energy.ca.gov /efficiency /partnership /index.html 9/22/2008 California Energy Commission Technical Assistance Application 1. Applicant Information Applicant *: County: Mailing Address: City: Zip: Street Address: City: Zip: Contact Person: Title: Department: Phone Number: Fax Number: Email: 2. Project Description Type of assistance needed: (Check all that apply) Existing facilities energy audit and recommendations New construction energy efficient design Self generation Discuss your project(s) and why you require technical assistance. Describe how you plan to implement the recommendations that we may identify, including funding sources. Describe current contracts or relationships with architects, consultants, energy services companies, utilities or others. Expected project start date Expected project completion date Indicate your economic criteria for selecting projects (Check all that apply) Projects must have a payback period < years. Projects must have an internal rate of return > %. Other, specify 3. Project Team Title Name Phone Number E -Mail Project Manager Business Manager or Financial Officer Electric and Gas Utility Representative ConsultantlContractor if known) Specify Other Name of school organization or name of local government, school, college, hospital, special district or public care facility. 4. Provide the following information. Please prioritize from highest to lowest if you are requesting assistance for more than one facility. Use additional pages if needed. Facility Name and Addressb Year Built excluding portables) Estimated Building Sizes . ft. Signature Date Authorized Representative is the one designated by the governing body, in your Resolution, to execute documents in the name of the applicant. Example: Pioneer School 1234 Pioneer Street Capitol, CA 95814 1958 35,200 5. 1 have attached the following information: Governing board resolution Latest 12 months of electric and gas utility bills that show the energy costs and the detailed usage information for each facility account the technical assistance is requested for Any past energy studies for each facility Your site map (e.g., 1 -As or a fire evacuation map) Annual financial statements (for non - profit organizations only) Schematic drawings (if available, for new construction only) I certify to the best of my knowledge that the data in this application are correct and complete. Authorized Representative" Name Title Signature Date Authorized Representative is the one designated by the governing body, in your Resolution, to execute documents in the name of the applicant. Arnold Schwarzenegger California Energy California Energy Commissioners Executive Governor Commission Commission Chairman Arthur H. Rosenfeld Director Public Programs Office Jackalyne Pfannenstiel Jeffrey Byron Melissa Jones 1516 Ninth Street, MS 42 Karen Douglas Sacramento, CA Vice Chair 95814 -5512 James D. Boyd 916) 654 -4147 www en rov ca iov /efficiency /public orooram California Energy Commission LEI Energy Partnership Program Governing Board Resolution 117 ( Sample) t< Resolution No. Resolution of .._ .................. ......... ....___..... -_ -- -. NAME OF GOVERNING BODY Whereas, the California Energy Commission's Energy Partnership Program provides technical assistance in identifying energy efficiency improvements; Whereas APPLICANT authorizes GOVERNING BODY to apply for technical assistance from the California Energy Commission; Whereas, the recognizes that GOVERNING BODY the California Energy Commission has limited funds for technical assistance and that primary consideration will be given to those that are committed to implementing the recommended projects identified through the Energy Partnership Program; Now, Therefore Be It Resolved, that will seek GOVERNING BODY funding, if necessary, to implement the recommended feasible energy efficiency projects identified through the Energy Partnership Program; Be It Further Resolved, that TITLE OF AUTHORIZED OFFICIAL- authorized and empowered to execute in the name of APPLICANT' all necessary documents to implement and carry out the purposes of this resolution. Passed, Approved, and Adopted this day of MONTH YEAR Signatures of Governing Board Members Applicant is the legal name of the city, county, special district, hospital, public care, college, or unimsity. A tide (e.g., Ciry Manager, Public Works Director, Chief Financial Officer, etc.) ratter than a time simplifies transactions when there are personnel changes. hereby o CALIFORNIA ENERGY COMMISSION GOVERNOR Gray Davis SECRETARY FOR RE- SOURCES Mary D. Nichols COMMISSIONERS William J. Kassa Chairman Michel C. Moore Robert A. Laurie Robert Pernell Arthur Rosenfeld Steve I -arson EXECUTIVE DIRECTOR 1516 Ninth Street, MS -26 Sacramento, CA 95814.5512 916) 654 -4008 www. a nergy.ca.gov /efficiency CITY OF SAN BERNARDINO How can a city cut its annual energy bills by about 20 percent, modernize its facilities and solve deferred maintenance problems while still being environmentally responsible and maintaining comfort and indoor air quality? The City of San Bernardino found the answer in energy efficiency. The City's projects that were installed between 1995 and 1996 have saved them nearly $200,000 per year. The City used a combination of methods to meets its goals. Southern California Edison's Fnvest program identified about $1 million in energy saving projects for City Hall, Carousel Mall, Feldheym Library and the City Hall Parking Structure. The California Energy Commission's Energy Partnership Program identified nearly $40,000 in energy projects in the Central Garage, Main Fire Station, Delmann Heights Recreation Center, Hernandez Recreation Center and the Fifth Street Senior Center. The City's facility management staff identified projects at the Animal Shelter as well as ways to address the computer and printer loads at City Hall. Funding for all the projects was provided by a combination of a 10 -year lease and internal moneys. Actual utility bill comparisons of the pre- and post- energy project installations confirm that the City will recoup all project costs from the energy savings in about five years. The savings are more than sufficient to make the lease payments and have produced a positive cash flow for the City. PROJECTS IMPLEMENTED The City focused on improving the efficiency of its facilities in the following ways: Retrofitting fluorescent fixtures with T -8 lamps and electronic ballasts in all buildings Replacing fluorescent with metal halide fixtures in the Central Garage Installing occupancy sensors in storage rooms and offices Replacing standard incandescent lamps with compact fluorescent lamps Replacing incandescent exit signs with new light emitting diode signs Replacing the existing chiller at City Hall with chillers that are 24 percent more efficient and use an environmentally acceptable refrigerant Installing an energy management system at City Hall installing a new chilled -water system, including pumps with variable frequency drives (VFD), and a new cooling tower with V FD to control fan speed at City Hall Converting the air- distribution system to variable air volume at City Hall Installing devices to automatically shut off idle printers at City Hall. New high efficiency screw chillers have substantially rMdUCeO cooling costs for City Nall. ENERGY SAVINGS City staff tracked energy use in each building using a commercial energy accounting software program prior to and after the projects were installed. The utility bills confirm that the City has saved almost 200,000 annually. The reduction in annual energy bills ranged from 9 to 14 percent for buildings with lighting only projects, and about 38 percent the for continued) City Hall, which had both lighting and heating, ventilating and air conditioning (HVAC) projects. The following graph shows the difference in monthly electricity cost for all buildings brought about by the energy efficiency project installations. When all projects are considered, the City will recoup its total project cost in about five years. lames Sharer, facility manager for the City states: "My department is responsible for billing other departments for the electricity they consume. I have tracked the bills and have seen the actual savings in each of our buildings. The City is in control of its future energy use." IMPROVED COMFORT AND OTHER BENEFITS The projects improved comfort and lighting for city employees and the public. Indoor air quality problems at City Hall were resolved. The new systems are under equipment warranties and will not need servicing or replacement for many years. This means reduced time and cost for maintenance. Because of the success of these projects, the City plans to install energy efficient lighting and HVAC equipment in other city facilities. San Bernardino offers an excellent example of the benefits of energy efficiency and how multiple program approaches can work together to meet the City's challenges," stated Commissioner Jananne Sharpless of the Energy Commission. Due to its strong commitment to reduce energy in its facilities, the City was awarded the Energy Commission's Outstanding Energy Achievement in Local Government Award in 1996. PERSPECTIVES James Sharer, facility manager, offers these suggestions for those wanting to install energy efficiency: Obtain management "buy -in" early Get input from people who will operate the new equipment Take a comprehensive look at your facility —from lighting to HVAC Use a process that puts you in the driver's seat —you make the equipment decisions and ensure that vendors follow through on projects. COMPARISON OF ELECTRICITY COSTS: BEFORE AND AFTER ENERGYEFFICIENCY PROJECTINSTALLAnON IN ALL BUILDINGS 90000 3 tzo- D $70000 o « r ,pOSftEiF7eraenilY COSH , ,. z' R ry 4 4t t h. t Y $60,000 U 50,000 41 .,'. w 40,000 eilz $20000 i, 1010 00 f"", fix sd hn ; i - i SO JAN FES NAR APR MAY JUN JUL AUG SEP OCT Nov v DEC FOR MORE INFORMATION James W. Sharer City of San Bernardino Facilities Management 300 North "D" Street San Bernardino, CA 92418 909) 384 -5244 Energy Partnership Program California Energy Commission 1516 Ninth St., MS -26 Sacramento, CA 95814 -5512 Telephone: (916) 654-4008 Fax: (916) 654-4304 Mark Martinez Southern California Edison 6000 N. Irwindale Avenue Irwindale, CA 91702 Telephone: (626) 812-7620 Fax: (626) 812-7614 1 i 1111PRIIIA N11 Z} rr. p 3 ++.... L47 All Tl lP Ono jj `tom_ c i v t ` f lvv Need Project Funding? You already know that energy costs are up and budgets are tight. But do you know you can reduce the impact of these increasing costs NOW by installing energy - saving lights, heating and cooling systems, and more? Look at the benefits of our Energy Efficiency Loan Program: Tr 100% funding for most projects N, Repay the ban with your energy savings N, Up to $1 million per application v It's fast and easy to get your loan V° Loan approval in four weeks or less V, Energy savings stretch your dollars, leaving more for your organization V Help with identifying potential energy - saving projects for your facility Funding is limited California Energy Commission 1516 9th Street Sacramento, CA 95814.5512 Jackalyne Pfannenstiel Chairman James D. Boyd Vice Chair Commissioners Arthur hl. Rosenfeld, Ph.D. John L. Geesman Jeffrey Byron CITY OF REDLANDS PRODUCES ELECTRICITY AND HEAT FROM TRASH The City of Redlands Municipal Utility Department installed a 970 kW cogeneration system using landfill gas that was previously flared. The electricity and waste heat from cogeneration is used at the adjacent wastewater treatment plant. Recently the city upgraded the plant to tertiary wastewater treatment so that it can supply recycled water to customers and meet all discharge requirements of the Regional Water Quality Control Board. The cogeneration system will offset the increased energy used for tertiary treatment. Demand Savings: 900 kW Annual Energy Savings: 6,804,000 kWh 900x350x24x0.9 capacity factor) Annual Energy Cost Savings: 748,440 Total Project Cost: 1,742,500 Energy Commission Loan: 1,500,000 Southern California Edison Rebate: 242,500 Internal Rate of Return: 21% Simple El. B. Blevins rxecutive Director Payback: (loan DON'T MISS THIS OPPORTUNITY L` Application forms • additional information available at: Lfit 1 11 1 sSZ ` i>,% y1 r f d 'V x !.''. ,^,..°' fb t manag mont 016EWV4" WL r District m -- Rw —.b[< ",u )w East Valley Water District: Entemrise Fleet Management: Brian Tompkins, Chief Financial Officer David Dutchen, Acct. Executive Ron Buchwald, District Engineer Phan Kaffka, Area Sales Manager INTRODUCTION AND BACKGROUND: East Valley Water District has a balanced budget for this fiscal year. With new headquarters on the horizon, the board of directors is trying to decide on whether or not to construct new maintenance facilities. The purpose of this meeting was to review East Valley Water District's current fleet program. Our goal is to find areas in which Enterprise Fleet Management may propose cost effective solutions with regards to how the fleet is currently maintained. East Valley Water District is solely funded by the rates charged to their customers ($1.20/748 gallons). In order to construct the district's new headquarters and update their water treatment facilities, rates will have to be increased 38 -40 %g over the next 2 -3 years. The board wants to evaluate ways of managing a more efficient fleet, including the possibility of outsourcing maintenance. Because the district's only source of income stems from their current billing rates and capital budget is limited in anticipation of possible future cuts, vehicles are run for a longer period of time which in turn has led to increased maintenance costs. The overall aging of vehicles has led to the following issues: 1. 31 %, of the current fleet is 8 years or older. 2. Increased maintenance occurrences and expenses. 3. Because of the age of certain vehicles, resale and disposal has become more of a challenge. 4. Overall decline in fuel economy and increase in emissions due to the age and vehicle selection. In the interest of examining different possibilities to address the issues listed above and best utilize the capital and operating budgets, East Valley Water District would like to explore the following strategies: Flexible Budgeting Tool: Brian and Ron would like the flexibility to remain on the best fleet cycle possible, even when capital budget is not available. Programs, similar to what Enterprise can offer, will allow the East Valley Water District to prepay when financially stable and make annual payments if financially challenged. Shorter Vehicle Life Cycle: Brian and Ron would like to study the impact that a shorter life cycle would have on reducing overall fleet maintenance expense as well as freeing up employee time to work on other equipment. A budgeted and guaranteed Maintenance Program will provide relief for mechanics, decrease downtime, and eliminate the need to purchase extended warranties as a safeguard for major repairs. Proper Vehicle Selection and Utilization: East Valley District would like to explore various vehicle specifications to maximize application of vehicle use. By maximizing utilization, East Valley Water District will operate a more efficient fleet. STEM 1: DELIVERABLES FROM EAST VALLEY WATER DISTRICT: Targeted completion date: October 6'h A Fleet List with Current Mileage on vehicles. Annual Maintenance Budget or maintenance expenses per vehicle. STEP 2: PRESENTATION OF FLEET PARTNERSHIP WITH EAST VALLEY WATER DISTRICT: Targeted completion date: October 20th Establish a proactive fleet replacement policy through cycling of vehicles. Explore potential programs to control expenses and establish a routine preventative maintenance schedule. Assess leasing program to bridge funding gaps and alleviate future delays in acquisition. ACWA REGULATORY OUTREACH ADVISORY Association of California Water Agencies • 916.441.4545 • fax 916.325.2306 • www.acwa.com September 30, 2008 ACWA Regulatory Advisory 08 -01 FTC Red Flag Requirements for Water Utilities Prevention Programs Due November 1 The Federal Trade Commission (FTC), the federal bank regulatory agencies, and the National Credit Union Administration (NCUA), have issued regulations requiring financial institutions and creditors to develop and implement written identity theft prevention programs as part of the Fair and Accurate Credit Transactions (FACT) Act of 2003. Each utility's Identity Theft Prevention Program must be in place by November 1, 2008. These regulations, called the "Red Flags rules," apply to creditors with covered accounts, which include water utility accounts. Creditors must develop a written program that identifies and detects the relevant warning signs — or "red flags" — of identity theft. These signs may include unusual account activity, fraud alerts on a consumer report, or attempted use of suspicious account application documents. In addition, utilities are required to develop responses that would prevent and mitigate the crime and detail a plan to update the program. The FTC has designed the rules to be flexible for utilities based on their size and complexity, as well as the nature of their operations. Guidelines have been established and are available to assist utilities in designing their programs. The Federal Register Notice, including the guidelines for developing your utility's program, is accessible at: http ://ftc.g_ov /opa/2007 /10 /redflag shtm. Brownstein I Hy Farber I Schrei 09.29.08 New Federal Red Flag Rule Requires Utilities To Impler Identity Theft Prevention Measures All public utility service providers have until November 1, 2008 to establish compre Prevention Programs." The Federal Trade Commission's "Red Flag Rule" impose utilities to protect the privacy of their customers. Utilities must incorporate new pro( Red Flags" — patterns, practices, activities or other signals that indicate the possib customers' personal information. All utilities, whether public or investor - owned, providing water, wastewater, gas or E subject to this new consumer protection rule. Each Identity Theft Prevention Progr, clearly defined Red Flag triggers; protocols for detection of Red Flag triggers; response protocols to prevent and mitigate identity theft; and measures to ensure that the Program is updated periodically to reflect identify theft. The utility's governing board must approve its Identity Theft Prevention Program. E include staff training and third -party oversight. Failure to implement a Program is a Trade Commission Act, which may result in monetary penalties and regulatory enf( 10/3/2008 Steven L. Hoch Attorney At Law Brownstein Hyatt Farber Schreck, LLP 11911 San Vicente Boulevard, Suite 350 Los Angeles, CA 90049 310.500.4611 Office (Direct) 310.500.4602 Facsimile 310.500.4610 Ivy Capili (Assistant) Web Site: www.bhfs.com Brownstein Hyatt Farber Schreck is proud to have completed its strategic merger with California's Hatch & Parent. Now, with offices across the Western U.S. and in Washington, DC., we offer the largest water law and policy group in the West, along with our unparalleled expertise in real estate, land use, environmental compliance, business transactions, taxation, litigation, government relations, wealth management, intellectual property and gaming. Learn more about our merger and our practice areas at www.bhfs.com. This is a transmission from Brownstein Hyatt Farber Schreck, LLP. This message and any documents attached to this may be confidential and contain information protected by the attorney- client privilege or attorney work product doctrine. They are intended for the addressee only. If any attachments require conversion or this transmission is received in error, please call my direct line. 10/3/2008