Loading...
HomeMy WebLinkAboutAgenda Packet - Legislative & Public Outreach Committee - 10/10/2024LEGISLATIVE & PUBLIC OUTREACH COMMITTEE OCTOBER 10, 2024 East Valley Water District was formed in 1954 and provides water and wastewater services to 108,000 residents within the cities of San Bernardino and Highland, and portions of San Bernardino County. EVWD operates under the direction of a 5­member elected Board. COMMITTEE MEMBERS James Morales Jr. Governing Board Member Ronald L. Coats Governing Board Member Legislative & Public Outreach Committee Meeting October 10, 2024 ­ 10:00 AM 31111 Greenspot Road, Highland, CA 92346 www.eastvalley.org 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 eastvalley.org and are subject to staff’s ability to post the documents before the meeting. Pursuant to Government Code Section 54954.2(a), any request for a disability­related 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 Clerk at (909) 885­4900 at least 72 hours prior to said meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE 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. 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. 1.Approve August 8, 2024 Legislative & Public Outreach Committee Meeting Minutes INFORMATIONAL ITEMS 2.Community Outreach Update 3.Making Conservation a California Way of Life DISCUSSION ITEMS 4.Water Efficiency Support Services 5.Legislative Platform 2025­26 REPORTS 6.Public Affairs/Conservation Activities ADJOURN LEGISLATIVE & PUBLIC OUTREACH COMMITTEEOCTOBER 10, 2024East Valley Water District was formed in 1954 and provides water and wastewater services to108,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5­member elected Board.COMMITTEE MEMBERS James Morales Jr. Governing Board Member Ronald L. Coats Governing Board Member Legislative & Public Outreach Committee Meeting October 10, 2024 ­ 10:00 AM 31111 Greenspot Road, Highland, CA 92346 www.eastvalley.org 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 eastvalley.org and are subject to staff’s ability to post the documents before the meeting. Pursuant to Government Code Section 54954.2(a), any request for a disability­related 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 Clerk at (909) 885­4900 at least 72 hours prior to said meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE 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. 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. 1.Approve August 8, 2024 Legislative & Public Outreach Committee Meeting Minutes INFORMATIONAL ITEMS 2.Community Outreach Update 3.Making Conservation a California Way of Life DISCUSSION ITEMS 4.Water Efficiency Support Services 5.Legislative Platform 2025­26 REPORTS 6.Public Affairs/Conservation Activities ADJOURN LEGISLATIVE & PUBLIC OUTREACH COMMITTEEOCTOBER 10, 2024East Valley Water District was formed in 1954 and provides water and wastewater services to108,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5­member elected Board.COMMITTEE MEMBERSJames Morales Jr.Governing Board Member Ronald L. CoatsGoverning Board MemberLegislative & Public Outreach Committee MeetingOctober 10, 2024 ­ 10:00 AM31111 Greenspot Road, Highland, CA 92346www.eastvalley.orgPLEASE NOTE:Materials related to an item on this agenda submitted to the Board after distribution of theagenda packet are available for public inspection in the District’s office located at 31111Greenspot Rd., Highland, during normal business hours. Also, such documents are availableon the District’s website at eastvalley.org and are subject to staff’s ability to post thedocuments before the meeting. Pursuant to Government Code Section 54954.2(a), any request for a disability­related 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 Clerk at (909) 885­4900 at least 72 hours prior to said meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE 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. 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. 1.Approve August 8, 2024 Legislative & Public Outreach Committee Meeting Minutes INFORMATIONAL ITEMS 2.Community Outreach Update 3.Making Conservation a California Way of Life DISCUSSION ITEMS 4.Water Efficiency Support Services 5.Legislative Platform 2025­26 REPORTS 6.Public Affairs/Conservation Activities ADJOURN Agenda Item #1 October 10, 20241 Meeting Date: October 10, 2024 Agenda Item #1 Consent Item Regular Meeting TO: Committee Members FROM: Public Affairs/Conservation Manager SUBJECT: Approve August 8, 2024 Legislative & Public Outreach Committee Meeting Minutes RECOMMENDATION That the Legislative & Public Outreach Committee approve the August 8, 2024 meeting minutes. AGENCY GOALS AND OBJECTIVES II - Maintain a Commitment To Sustainability, Transparency, and Accountability B. Utilize Effective Communication Methods FISCAL IMPACT There is no fiscal impact associated with this agenda item. Respectfully submitted: ________________ William Ringland Public Affairs/Conservation Manager ATTACHMENTS Draft August 8, 2024 Committee Meeting Minutes 08-08-2024 cmc 1 8 0 9 Subject to Approval EAST VALLEY WATER DISTRICT AUGUST 8, 2024 LEGISLATIVE & PUBLIC OUTREACH COMMITTEE MINUTES Cecilia Contreras, Public Affairs Coordinator, called the meeting to order at 1:00 p.m. and Director Morales led the flag salute. PRESENT: Directors: Coats, Morales Jr. ABSENT: None STAFF: William Ringland, Public Affairs/Conservation Manager; Cecilia Contreras, Public Affairs Coordinator; Janett Robledo, Conservation Coordinator GUEST(s): Pilar Onate, David Quintana, and Alfredo Arredondo PUBLIC COMMENTS The Public Affairs Coordinator declared the public participation section of the meeting open at 1:00 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF THE APRIL 11, 2024, COMMITTEE MEETING MINUTES M/S/C (Coats- Morales) that the April 11, 2024 Committee meeting minutes be approved as submitted. LEGISLATIVE UPDATE The Public Affairs/Conservation Manager introduced the District’s legislative lobbyist Ms. Onate, who provided an update on the legislative activity this session. These updates included but not limited to water rights, conservation regulations, and water affordability. Ms. Onate provided an overview of Water/Climate bond approved for November ballot and the local and statewide legislative races. She explained that they continue to work closely with multiple agencies such as CMUA and ACWA to stay involved and, along with District staff, monitor multiple bills. Information only. OUTREACH UPDATE The Public Affairs/Conservation Manager provided an update on the District’s outreach activities. Updates included the August bill insert, which provided information about 08-08-2024 cmc 1 8 0 9 scam alerts and current water quality efforts. Staff also participated in pop-up events at local retail stores, in partnership with Costin Public Outreach Group, to further the District’s community engagement, and to provide information on Smart Irrigation Month. He stated that staff continue to work on the website redesign, pursuing SNRC awards, and booking the SNRC banquet hall for facility rentals. Upcoming projects include five District videos, pop-up event for National Lemonade Day, the Conservation Festival, and an outreach campaign to fill three Community Advisory Commission position vacancies. Information only. CONSERVATION OUTREACH The Conservation Coordinator provided an update on the State’s regulation for “Making Conservation a California Way of Life”, which includes implementation of AB 1668 and SB 606, establishing unique targets for each urban water supplier to achieve long term water use efficiency. Compliance for these regulations begin January 1, 2025. She stated that upcoming projects include: the continued development of the Drought Contingency Plan and to submit the plan to the Bureau of Reclamation for review, a Request for Proposal posted for Water Efficiency Support Services, student education program, and the promotion of the upcoming Conservation Festival on September 14. Information only. PUBLIC AFFAIRS PROGRAM COMMUNICATIONS PLAN The Public Affairs/Conservation Manager stated that staff has been working on a plan that explains the internal and external communication programs consistent with the District’s Vision and guiding principles. He shared that this comprehensive plan is to serve as the guiding document for the upcoming year and establishes a clear framework to ensure that all the activities conducted through Public Affairs contribute directly to the overarching goals. He went through each of the topics of this document, which included but are not limited to the Program Summary, Market Research, Five Year Work Plan, Strategic Approach, Communications Tactic, Support to District Programs, and the Digital Resources used. Information only. PUBLIC AFFAIRS/CONSERVATION ACTIVITIES The Public Affairs/Conservation Manager had nothing to report at this time. Information only. ADJOURN The meeting was adjourned at 3:05 p.m. 08-08-2024 cmc 1 8 0 9 ______________________________ ______________________________ James Morales, Jr. Ron Coats Director Director Agenda Item #2 October 10, 20241 Meeting Date: October 10, 2024 Agenda Item #2 Routine Regular Meeting TO: Committee Members FROM: Public Affairs/Conservation Manager SUBJECT: Community Outreach Update RECOMMENDATION This agenda item is for informational purposes only, no action is required. AGENCY GOALS AND OBJECTIVES II - Maintain a Commitment to Sustainability, Transparency, and Accountability B. Utilize Effective Communication Methods D. Provide Quality Information to Encourage Community Engagement FISCAL IMPACT There is no fiscal impact associated with this agenda item. Respectfully submitted: ________________ William Ringland Public Affairs/Conservation Manager ATTACHMENTS Presentation William Ringland, Public Affairs/Conservation Manager October 10, 2024 OUTREACH UPDATE 2 •National Lemonade Day – Competed •August 20, 2024 •Jefferson Hunt Elementary Trunk or Treat Parade •October 31, 2024 •Splash into Conservation Festival •November 2, 2024 •Highland Stater Bros. •November 21, 2024 •Community pop-up booths paused in December COMMUNITY ENGAGEMENT EVENTS October Bill Insert 3 SOCIAL MEDIA •Instagram – 1,455 Followers •Facebook – 1,671 Followers •LinkedIn – 574 Followers •Water Professionals Appreciation Week Social Campaign •October 5-13, 2024 •Special Instagram Reels •LinkedIn Highlight Posts 4 WATER RECLAMATION OUTREACH 5 •SNRC Community Newsletter •Planned to mail to neighbors in October •Facility maintenance webpage developed •“Do Not Flush” educational material in development through collaboration with National Flushing Alliance WATER RECLAMATION COLLATERAL SNRC Community Newsletter 6 SNRC TOUR VIDEO 7 WEBSITE REDESIGN 8 •Site pages are being streamlined with content migrated to the new site •Public Affairs will participate in training for new site management SITE DEVELOPMENT Issue/ Award Redesign RFP Assess Content Management System Collect Feedback Develop Digital Infrastructure Design Website Wireframes Site Development Alpha and Beta Testing Launch Website 9 AWARD PURSUITS 10 •Completed submissions •ACWA Excellence in Communication Award •APWA Southern California Chapter BEST Awards - Inland Empire Branch •MarCom – Special Event for the SNRC Turn of the Valve Ribbon Cutting Ceremony •MarCom – Educational Campaign for the Fats, Oils, and Grease Program •MarCom – Government Video for the “Whatever it Takes” campaign •American Public Works Association – SNRC Project of the Year •WateReuse – Community Water Champion AWARD PURSUITS Educational Campaign for the Fats, Oils, and Grease Program 11 SNRC FACILITY RENTALS 12 •Facility rentals through 2024: 29 •Rentals currently scheduled for 2025: 33 •Agencies renting our facilities for trainings, professional development, or events •San Bernardino County Probation •San Bernardino City USD •San Bernardino County Sheriffs – Coroner and Central Detention Center divisions •City of Highland •City of San Bernardino, Center for Individual Development •Tomorrow’s Talent •San Bernardino Valley Water Conservation District •Nonprofits •Arts Connection •Anchor Bible Church •Highland Area Chamber of Commerce •Making Hope Happen •Tomorrow’s Talent •San Bernardino Riverside Delta Sigma Theta Alumnae •San Bernardino Fatherhood •League of Women Voters •Highlanders Boxing Club •ASBCSD FACILITY RENTALS 13 LOOKING FORWARD 14 PROJECT UPDATE •Bottled Water Student Art Contest •Launching early 2025 •Theme: “I Love Water Because _____” •Video Development •East Valley Water District Overview •Water Quality •Sources of Water •Sterling Natural Resource Center Community Benefits •Budget Based Rates 2024 Contest Theme 15 COMMUNITY ADVISORY COMMISSION 16 •Campaign for three open positions in September •Promoted on Facebook, Instagram, X, and Nextdoor •Seven applications received •New Commissioner onboarding •Applicant interviews scheduled for November COMMUNITY ADVISORY COMMISSION Social Media Advertisement QUESTIONS? Agenda Item #3 October 10, 20241 Meeting Date: October 10, 2024 Agenda Item #3 Informational Item Regular Meeting TO: Committee Members FROM: Public Affairs/Conservation Manager SUBJECT: Making Conservation a California Way of Life RECOMMENDATION This agenda item is for informational purposes only, no action is required. AGENCY GOALS AND OBJECTIVES I - Implement Effective Solutions Through Visionary Leadership A. Identify Opportunities to Optimize Natural Resources D. Encourage Performance Based Results through Staff Empowerment FISCAL IMPACT There is no fiscal impact associated with this agenda item. Respectfully submitted: ________________ William Ringland Public Affairs/Conservation Manager ATTACHMENTS Presentation October 10, 2024 MAKING CONSERVATION A CALIFORNIA WAY OF LIFE Janett Robledo, Conservation Coordinator 2 •The State Water Resource Control Board adopted the Making Conservation a California Way of Life regulation on July 3, 2024 •Implements AB 1668 and SB 606 signed into law in 2018 •Two regulations create the framework to establish unique goals for each urban water supplier to achieve long-term water use efficiency CONSERVATION REGULATION 3 •Urban retail water suppliers must comply with three major components MAKING CONSERVATION A CALIFORNIA WAY OF LIFE REGULATION Urban Water Use Objective (UWUO) Commercial, Industrial, Institutional (CII) Performance Measures Annual Reporting 4 MAKING CONSERVATION A CALIFORNIA WAY OF LIFE REGULATION Urban Water Use Objective (UWUO) Commercial, Industrial, Institutional (CII) Performance Measures Annual Reporting 5 •Supplier-specific water budget that is the sum of water use efficiency standards •Residential Indoor Use •Residential Outdoor Use •Commercial, Industrial, Institutional landscapes with dedicated irrigation meters •Water Loss •Would need to meet the overall objective, not each individual standard •The one exception is the budget for water loss URBAN WATER USE OBJECTIVE Urban Water Use Objective Indoor Residential Use Outdoor Residential Use CII Landscape Water Loss 6 INDOOR USE STANDARD Indoor Residential Use Outdoor Residential Use CII Landscape Water Loss 7 •Standard based on gallons per capita per day (GPCD) metric and will decrease over time •Indoor standards set by SB 1157 INDOOR WATER USE STANDARD Year Indoor Residential Standard 2020 55 GPCD 2025 47 GPCD 2030 42 GPCD Residential Indoor Standard Gallons per person, per day (GPCD) Population Number of people in the Service Area 365 Number of days in the year Residential Indoor Budget Gallons per year 8 OUTDOOR USE STANDARD Indoor Residential Use Outdoor Residential Use CII Landscape Water Loss 9 OUTDOOR WATER USE STANDARD Year Standard 2025 0.80 2035 0.63 2040 0.55 Residential Outdoor Standard Landscape Efficiency Factor Net ETo Reference Eto: Effective precipitation inches per year Landscape Area Square feet of irrigable irrigated area Unit Conversion Factor Residential Outdoor Budget Gallons per year 10 CII PERFORMANCE MEASURES Indoor Residential Use Outdoor Residential Use CII Landscape Water Loss 11 •Set of landscape efficiency factors (LEF) for calculating efficient outdoor use for CII accounts with dedicated irrigation meters CII DEDICATED IRRIGATION METER STANDARD Year Commercial LEF 2023-2034 0.80 2035 -2039 0.63 2040 onwards 0.45 New Developments 0.45 12 WATER LOSS STANDARD Indoor Residential Use Outdoor Residential Use CII Landscape Water Loss 13 WATER LOSS STANDARD 365 Number of days in the year Water Loss Budget Gallons per year System Specific Standard Gallons per connection per day or gallons per mile per day Connections Number of connections served •District water loss standard is 20.6 gallons per service connections per day (gpscd) •A 34% reduction from our real loss baseline of 31.0 gpscd •Only standard that must be met on its own •Compliance deadline is January 1, 2028, and will be assessed every three year after 14 MAKING CONSERVATION A CALIFORNIA WAY OF LIFE REGULATION Urban Water Use Objective (UWUO) Commercial, Industrial, Institutional (CII) Performance Measures Annual Reporting 15 •Classification of CII water accounts by June 2027 •Implement best management practices to top CII water users by June 2039 •Convert CII large landscapes (1/2 acre or more) with mixed use meters to dedicated irrigation meters or implement in-lieu technology by June 20239 CII PERFORMANCE MEASURES 16 MAKING CONSERVATION A CALIFORNIA WAY OF LIFE REGULATION Urban Water Use Objective (UWUO) Commercial, Industrial, Institutional (CII) Performance Measures Annual Reporting 17 •Annual reporting to both DWR and SWRCB by January 1, 2025 •Urban water use objective •Actual urban water use •Documentation of the implementation of CII performance measures •Description of progress made towards meeting UWUO •Compliance with UWUO by 2027 •Individual customers are not required to comply with objective ANNUAL REPORTING 18 NEXT STEPS Develop WUO Implementation Plan Compliance Taskforce Team Prepare and Assess Data Implement WUO Plan Reporting and Compliance WUO – Water Use Objective DISCUSSION Agenda Item #4 October 10, 20241 Meeting Date: October 10, 2024 Agenda Item #4 Discussion Item Regular Meeting TO: Committee Members FROM: Public Affairs/Conservation Manager SUBJECT: Water Efficiency Support Services RECOMMENDATION That the Legislative & Public Outreach Committee recommend that the Board of Directors authorize the General Manager/CEO to enter into an agreement with WaterWise Consulting Inc. and GreenMedia Creations Inc. for a contract not-to-exceed $625,000 each. BACKGROUND / ANALYSIS The recent adoption of the “Making Conservation a California Way of Life” regulation by the State Water Resources Control Board in July 2024, mandates East Valley Water District (District) to implement water conservation measures that will secure long-term water use efficiency. To assist with implementation of the water conservation measures and to provide water efficiency resources to the community, an open and competitive Request for Proposals (RFP) was issued to identify qualified contractors who would support the District’s efforts in meeting the prescribed water saving targets. Thirty-four vendors were notified of this opportunity to work with the District with five organizations downloading the bid package. A total of three proposals were received and reviewed by an evaluation committee in response to the RFP. The evaluation panel selected WaterWise Consulting, Inc. and GreenMedia Creations, Inc. Both contractors demonstrated their ability to meet the District’s needs and have the necessary qualifications to assist with implementation of programs such as the irrigation retrofit program, water home surveys, and community workshops. With approval from the Board, the District seeks to enter into a $125,000 one-year base contract with four one-year optional extensions with WaterWise Consulting, Inc. and GreenMedia Creations, Inc. Each extension will allocate $125,000 for a total not-to- exceed contract value of $625,000. Consultants will be contracted on a purchase order basis for specific projects and tasks identified by District’s needs as outlined in the proposal’s scope. Approval of contract agreements provides the District ability to continue implementation of conservation programs, promoting water efficiency, and meeting state required water use efficiency objectives. Agenda Item #4 October 10, 20242 Meeting Date: October 10, 2024 Agenda Item #4 Discussion Item AGENCY GOALS AND OBJECTIVES I - Implement Effective Solutions Through Visionary Leadership A. Identify Opportunities to Optimize Natural Resources II - Maintain a Commitment To Sustainability, Transparency, and Accountability B. Utilize Effective Communication Methods D. Provide Quality Information to Encourage Community Engagement FISCAL IMPACT This item is funded in the current fiscal year budget. Respectfully submitted: ________________ William Ringland Public Affairs/Conservation Manager ATTACHMENTS GreenMedia Creations Inc. Draft Contract WaterWise Consulting Inc. Draft Contract EAST VALLEY WATER DISTRICT AGREEMENT FOR WATER EFFICIENCY SUPPORT SERVICES THIS AGREEMENT 2024.14 is made this 23 day of October 2024, by and between the EAST VALLEY WATER DISTRICT, a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. (hereinafter referred to as the “DISTRICT”), and GreenMedia Creations, Inc. a contractor (hereinafter referred to as “CONTRACTOR”). RECITALS WHEREAS, the DISTRICT desires to contract with CONTRACTOR to provide services for water efficiency support (hereinafter referred to as “Project”); and WHEREAS, CONTRACTOR is willing to contract with the DISTRICT to provide such services; and WHEREAS, CONTRACTOR holds itself as duly licensed, qualified, and capable of performing said services; and WHEREAS, this Agreement establishes the terms and conditions for the DISTRICT to retain CONTRACTOR to provide the services described herein for the Project. COVENANTS NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth herein, the parties hereto agree as follows: ARTICLE I ENGAGEMENT OF CONTRACTOR AND AUTHORIZATION TO PROCEED 1.1 ENGAGEMENT: The DISTRICT hereby engages CONTRACTOR, and CONTRACTOR hereby accepts the engagement, to perform certain services described in Section 2.1 of this Agreement for the term set forth in Section 5.1 of this Agreement. 1.2 AUTHORIZATION TO PROCEED: Authorization for CONTRACTOR to proceed with all or a portion of the work described in Section 2.1 of this Agreement will be granted in writing by the DISTRICT as soon as both parties sign the Agreement and all applicable insurance and other security documents required pursuant to Section 6.3 of this Agreement are received and approved by the 2 DISTRICT. CONTRACTOR shall not proceed with said work until so authorized by the DISTRICT and shall commence work immediately upon receipt of the Notice to Proceed. 1.3 NO EMPLOYEE RELATIONSHIP: CONTRACTOR shall perform the services provided for herein as an independent CONTRACTOR, and not as an employee of the DISTRICT. CONTRACTOR is not to be considered an agent or employee of the DISTRICT for any purpose and shall not be entitled to participate in any pension plans, insurance coverage, bonus, stock, or similar benefits that the DISTRICT provides for its employees. CONTRACTOR shall indemnify the DISTRICT for any tax, retirement contribution, social security, overtime payment, or workers’ compensation payment, which the DISTRICT may be required to make on behalf of CONTRACTOR or any employee of CONTRACTOR for work performed under this Agreement. ARTICLE II SERVICES OF CONTRACTOR 2.1 SCOPE OF SERVICES: The scope of services to be performed by the CONTRACTOR under this Agreement are described in the proposal attached hereto as Exhibit “A” and incorporated herein by this reference (“Proposal”), and shall, where not specifically addressed, include all related services ordinarily provided by the CONTRACTOR under same or similar circumstances and/or otherwise necessary to satisfy the requirements of Section 3.3 of this Agreement. In case of conflict between the terms of this Agreement and the provisions of the Scope of Work, this Agreement shall govern. 2.2 HOURS AND WORKING CONDITIONS: The DISTRICT is a public entity in the State of California and is subject to the provisions of the Government Code and the Labor Code of the State. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this Agreement to the same extent as though set forth herein and will be complied with by CONTRACTOR. CONTRACTOR shall comply with all applicable provisions of the California Labor Code relating to working hours and the employment of apprentices on public works projects. CONTRACTOR shall, as a penalty to the DISTRICT, forfeit $25.00 for each worker employed in the execution of this Agreement by CONTRACTOR or by any subcontractor, for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker received compensation for all hours worked in excess of 8 hours at not less than 1½ times the basic rate of pay. 3 ARTICLE III RESPONSIBILITIES OF THE DISTRICT AND OF CONTRACTOR 3.1 DUTIES OF THE DISTRICT: The DISTRICT, without cost to CONTRACTOR, will provide all pertinent information necessary for CONTRACTOR’S performance of its obligations under this Agreement that is reasonably available to the DISTRICT unless otherwise specified in the Proposal, in which case the CONTRACTOR is to acquire such information. The DISTRICT does not guarantee or ensure the accuracy of any reports, information, and/or data so provided. To the extent that any reports, information, and/or other data so provided was supplied to the DISTRICT by persons who are not employees of the DISTRICT, any liability resulting from inaccuracies and/or omissions contained in said information shall be limited to liability on behalf of the party who prepared the information for the DISTRICT. 3.2 REPRESENTATIVE OF DISTRICT: The DISTRICT will designate William Ringland, Conservation/Public Affairs Manager as the person to act as the DISTRICT's representative with respect to the work to be performed under this Agreement. Such person will have complete authority to transmit instructions, receive information, and interpret and define the DISTRICT's policies and decisions pertinent to the work. In the event the DISTRICT wishes to make a change in the DISTRICT's representative, the DISTRICT shall notify the CONTRACTOR of the change in writing. 3.3 DUTIES OF CONTRACTOR: CONTRACTOR shall perform the Project work in such a manner as to fully comply with all applicable professional standards of care, including professional quality, technical accuracy, timely completion, and other services furnished and/or work undertaken by CONTRACTOR pursuant to this Agreement. The CONTRACTOR shall cause all work and deliverables to conform to all applicable federal, state, and local laws and regulations. 3.4 APPROVAL OF WORK: The DISTRICT's approval of work or materials furnished hereunder shall not in any way relieve CONTRACTOR of responsibility for the technical adequacy of its work. Neither the DISTRICT's review, approval or acceptance of, nor payment for any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. Where approval by the DISTRICT is indicated in this Agreement, it is understood to be conceptual approval only and does not relieve the CONTRACTOR of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the CONTRACTOR or its subcontractors. CONTRACTOR’S obligation to defend, indemnify, and hold harmless the DISTRICT, and its directors, officers, employees and agents as set forth in Section 6.9 of this Agreement also applies to the actions or omissions of the CONTRACTOR or its subcontractors as set forth above in this paragraph. 4 3.5 CONFLICT OF INTEREST: During the term of this Agreement, Contractor shall not, without the prior written consent of District, engage in any employment or professional activities which are contrary or inimical to the interests of the District and the implementation of the Project which is the subject of this agreement. ARTICLE IV PAYMENTS TO CONTRACTOR 4.1 PAYMENT: The DISTRICT will pay CONTRACTOR for work performed under this Agreement, which work can be verified by the DISTRICT, on the basis of the following: CONTRACTOR shall exercise its good faith best efforts to facilitate a full and clear definition of the scope of all assigned work so that the amount set forth in Section 4.3 of this Agreement will cover all tasks necessary to complete the work. The amount set forth in Section 4.3 of this Agreement is the maximum compensation to which CONTRACTOR may be entitled for the performance of services to complete the work for the Project, unless the Scope of Work or time to complete the work is changed by the DISTRICT in writing in advance of the work to be performed there under. Adjustments in the total payment amount shall only be allowed pursuant to Section 6.4 of this Agreement. In no event shall CONTRACTOR be entitled to compensation greater than the amount set forth in Section 4.3 of this Agreement where changes in the Scope of Work or the time for performance are necessitated by the negligence of CONTRACTOR or any subcontractor performing work on the Project. 4.2 PAYMENT TO CONTRACTOR: Payment will be made by the DISTRICT within thirty (30) calendar days after receipt of an invoice from CONTRACTOR, provided that all invoices are complete, and product and services are determined to be of sufficient quality by the DISTRICT. CONTRACTOR shall invoice DISTRICT for services performed under this Agreement. In the event that a payment dispute arises between the parties, CONTRACTOR shall provide to the DISTRICT full and complete access to CONTRACTOR'S labor cost records and other direct cost data, and copies thereof if requested by the DISTRICT. 4.3 ESTIMATED CHARGES: The total charges for all work under this Agreement are $125,000 for each year with a total not-to-exceed of $625,000. The total estimated charges stated herein constitute the total amount agreed to herein. 4.4 BILLING: CONSULTANT shall submit invoice stating services performed and the amount due for services rendered. 5 ARTICLE V COMPLETION SCHEDULE 5.1 TASK SCHEDULE: The work is anticipated to be completed as requested by the DISTRICT, when reasonable. This agreement shall be valid for one year with four one-year extensions. 5.2 TIME OF ESSENCE: CONTRACTOR shall perform all services required by this Agreement in a prompt, timely, and professional manner in accordance with the above schedule. Time is of the essence in this Agreement. ARTICLE VI GENERAL PROVISIONS 6.1 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: CONTRACTOR shall at all times observe all applicable provisions of Federal, State, and Local laws and regulations including, but not limited to, those related to Equal Opportunity Employment. 6.2 SUBCONTRACTORS AND OUTSIDE CONTRACTORS: No subcontract shall be awarded by CONTRACTOR if not identified as a subcontractor in its Proposal unless prior written approval is obtained from the DISTRICT. CONTRACTOR shall be responsible for payment to subcontractors used by them to perform the services under this Agreement. If CONTRACTOR subcontracts any of the work to be performed, CONTRACTOR shall be as fully responsible to the DISTRICT for the performance of the work, including errors and omissions of CONTRACTOR’S subcontractors and of the persons employed by the subcontractor, as CONTRACTOR is for the acts and omissions of persons directly employed by the CONTRACTOR. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor of CONTRACTOR and the DISTRICT. CONTRACTOR shall bind every subcontractor and every subcontractor of a subcontractor to the terms of this Agreement that are applicable to CONTRACTOR’S work unless specifically noted to the contrary in the subcontract in question and approved in writing by the DISTRICT. 6.3 INSURANCE: CONTRACTOR shall secure and maintain in full force and effect, until the satisfactory completion and acceptance of the Project by DISTRICT, such insurance as will protect it and the DISTRICT in such a manner and in such amounts as set forth below. The premiums for said insurance coverage shall be paid by the CONTRACTOR. The failure to comply with these insurance 6 requirements may constitute a material breach of this Agreement, at the sole discretion of the DISTRICT. (a) Certificates of Insurance: Prior to commencing services under this Agreement, and in any event no later than ten (10) calendar days after execution of this Agreement, CONTRACTOR shall furnish DISTRICT with Certificates of Insurance and endorsements verifying the insurance coverage required by this Agreement is in full force and effect. The DISTRICT reserves the right to require complete and accurate copies of all insurance policies required under this Agreement. (b) Required Provisions: The insurance policies required by this Agreement shall include the following provisions or have them incorporated by endorsement(s): (1) Primary Coverage: The insurance policies provided by CONTRACTOR shall be primary insurance and any self-insured retention and/or insurance carried by or available to the DISTRICT or its employees shall be excess and non-contributory coverage so that any self-insured retention and/or insurance carried by or available to the DISTRICT shall not contribute to any loss or expense under CONTRACTOR’S insurance. (2) Additional Insured: The policies of insurance provided by CONTRACTOR, except Workers' Compensation and Professional Liability, shall include as additional insureds: the DISTRICT, its directors, officers, employees, and agents when acting in their capacity with the District as such in conjunction with the performance of this Agreement. Such policies shall contain a "severability of interests" provision, also known as "Cross liability" or "separation of insured". (3) Cancellation: Each certificate of insurance and insurance policy shall provide that the policy may not be non-renewed, canceled (for reasons other than non- 7 payment of premium) or materially changed without advance written to the DISTRICT, as required by state law. (4) Waiver of Subrogation: The insurance policies provided by CONTRACTOR shall contain a waiver of subrogation against DISTRICT, its directors, officers, employees and agents for any claims arising out of the services performed under this Agreement by CONTRACTOR. (5) Claim Reporting: CONTRACTOR shall not fail to comply with the claim reporting provisions or cause any breach of a policy condition or warranty of the insurance policies required by this Agreement that would affect the coverage afforded under the policies to the DISTRICT. (6) Deductible/Retention: If the insurance policies provided by CONTRACTOR contain deductibles or self-insured retentions, any such deductible or self- insured retention shall not be applicable with respect to the coverage provided to DISTRICT under such policies. CONTRACTOR shall be solely responsible for any such deductible or self-insured retention and the DISTRICT, in its sole discretion, may require CONTRACTOR to secure the payment of any such deductible or self- insured retention by a surety bond or an irrevocable and unconditional letter of credit. (7) CONTRACTOR’S Subcontractors: CONTRACTOR shall include all subcontractors as additional insureds under the insurance policies required by this Agreement to the same extent as the DISTRICT or shall furnish separate certificates of insurance and policy endorsements for each subcontractor verifying that the insurance for each subcontractor complies with the same insurance requirements applicable to CONTRACTOR under this Agreement. (c) Insurance Company Requirements: CONTRACTOR shall provide insurance coverage through insurers that have at least an "A" Financial Strength Rating and a "VII" Financial Size Category in accordance with the current ratings by the A. M. Best Company, Inc. as published in Best's Key Rating Guide or on said company’s web site. In addition, any and all insurers must be admitted and authorized to conduct business in the State of California and be a participant in the California Insurance Guaranty Association, as evidenced by a listing in the appropriate publication of the California Department of 8 Insurance. (d) Policy Requirements: The insurance required under this Agreement shall meet or exceed the minimum requirements as set forth below: (1) Workers' Compensation: CONTRACTOR shall maintain Workers' Compensation insurance as required by law in the State of California to cover CONTRACTOR’S obligations as imposed by federal and state law having jurisdiction over CONTRACTOR’S employees and Employers' Liability insurance, including disease coverage, of not less than $1,000,000. (2) General Liability: CONTRACTOR shall maintain Comprehensive General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate. The policy shall include, but not be limited to, coverage for bodily injury, property damage, personal injury, products, completed operations and blanket contractual to cover, but not be limited to, the liability assumed under the indemnification provisions of this Agreement. In the event the Comprehensive General Liability insurance policy is written on a "claims made" basis, coverage shall extend for two years after the satisfactory completion and acceptance of the Project by DISTRICT. (3) Automobile Liability: CONTRACTOR shall maintain Commercial Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence for any owned, hired, or non-owned vehicles. (4) Property Coverage – Valuable Papers: Property coverage on an all-risk, replacement cost form with Valuable Papers insurance sufficient to assure the restoration of any documents, memoranda, reports, plans or other similar data, whether in hard copy or electronic form, relating to the services provided by CONTRACTOR under this Agreement with an limit of $25,000. 6.4 CHANGES IN SCOPE OR TIME: If the DISTRICT request a change in the proposal or time of completion by either adding to or deleting from the original proposal or time of completion, an equitable adjustment shall be made and this Agreement shall be modified in writing accordingly. CONTRACTOR must assert any claim for adjustment under this clause in writing within thirty-(30) calendar days from the date of receipt from CONTRACTOR of the notification of change unless the DISTRICT grants a further period of time before the date of final payment under this agreement. 9 6.5 NOTICES: All notices to either party by the other shall be made in writing and delivered or mailed to such party at their respective addresses as follows, or to other such address as either party may designate, and said notices shall be deemed to have been made when delivered or, if mailed, five (5) days after mailing. To DISTRICT: East Valley Water District 25318 5th st San Bernardino, CA 92410 Attn: William Ringland, Conservation/Public Affairs Manager To CONTRACTOR: GreenMedia Creations, Inc. 115 E. Foothill Blvd., Suite 200 Glendora, CA 91471 Attn: Silvia Gutierrez President 6.6 CONTRACTOR'S ASSIGNED PERSONNEL: CONTRACTOR designates Ajay Dhawan to have immediate responsibility for the performance of the work and for all matters relating to performance under this Agreement. Substitution of any assigned personnel shall require the prior written approval of the DISTRICT. If the DISTRICT determines that a proposed substitution is not acceptable, then, at the request of the DISTRICT, CONTRACTOR shall substitute with a person acceptable to the DISTRICT. 6.7 TERMINATION: (a) If the engagement of CONTRACTOR is not extended by the mutual written consent of the DISTRICT and CONTRACTOR, then this Agreement shall expire as provided in Section 5.1 of this Agreement. (b) Notwithstanding the above, the DISTRICT may terminate this Agreement or abandon any portion of the Project by giving ten (10) days written notice thereof to CONTRACTOR. CONTRACTOR may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days written notice only in the event of substantial failure by the DISTRICT to perform in accordance with the terms of this Agreement through no fault of 10 the CONTRACTOR. (c) In the event of termination of this Agreement or abandonment of any portion of the Project, the DISTRICT shall be immediately given title to all original drawings and other documents developed for the Project, and the sole right and remedy of CONTRACTOR shall be to receive payment for all amounts due and not previously paid to CONTRACTOR for services completed or in progress in accordance with the Agreement prior to such date of termination. If termination occurs prior to completion of any task for which payment has not been made, the fee for services performed during such task shall be based on an amount mutually agreed to by the DISTRICT and CONTRACTOR. Such payments available to the CONTRACTOR under this paragraph shall not include costs related to lost profit associated with the expected completion of the work or other such payments relating to the benefit of this Agreement. 6.8 ATTORNEYS’ FEES: In the event that either the DISTRICT or CONTRACTOR brings an action or proceeding for damages for an alleged breach of any provision of this Agreement, to interpret this Agreement or determine the rights of and duties of either party in relation thereto, the prevailing party shall be entitled to recover as part of such action or proceeding all litigation, arbitration, mediation and collection expenses, including witness fees, court costs, and reasonable attorneys' fees. Such fees shall be determined by the Court in such litigation or in a separate action brought for that purpose. Mediation will be attempted if both parties mutually agree before, during, or after any such action or proceeding has begun. 6.9 INDEMNITY: (a) CONTRACTOR shall defend, indemnify and hold DISTRICT, including its directors, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or losses of whatever nature, character, and description, with respect to or arising out of the work to be performed under this Agreement, including without limitation, any and all such claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or losses of whatever nature, character, and description, arising by reason of death or bodily injury to one or more persons, including the employees of CONTRACTOR; injury 11 to property of any kind, including loss of use; or economic damages of any kind, caused by, or arising out of breach of this Agreement, patent or copyright infringement, any alleged or actual act or omission, regardless of whether such act or omission is active or passive, by CONTRACTOR, any of CONTRACTOR’S subcontractors or DISTRICT, including their respective directors, officers, employees, agents and assigns, excepting only such matters arising from the sole negligence or willful misconduct of the DISTRICT. (b) It is the intent of the parties to this Agreement that the defense, indemnity and hold harmless obligation of CONTRACTOR under this Agreement shall be as broad and inclusive as may be allowed under California Civil Code §§ 2778 through 2784.5, or other similar state or federal law. 6.10 SAFETY: CONTRACTOR shall perform the work in full compliance with applicable State and Federal safety requirements including, but not limited to, Occupational Safety and Health Administration requirements. (a) CONTRACTOR shall take all precautions necessary for the safety of, and prevention of damage to, property on or adjacent to the Project site, and for the safety of, and prevention of injury to, persons, including DISTRICT’s employees, CONTRACTOR’S employees, and third persons. All work shall be performed entirely at CONTRACTOR'S risk. CONTRACTOR shall comply with the insurance requirements set forth in Section 6.3 of this Agreement. (b) CONTRACTOR shall also furnish the DISTRICT with a copy of any injury prevention program established for the CONTRACTOR’S employees pursuant to Labor Code Section 6401.7, including any necessary documentation regarding implementation of the program. CONTRACTOR hereby certifies that its employees have been trained in the program, and procedures are in place to train employees whenever new substances, processes, procedures, or equipment are introduced. CONTRACTOR shall demonstrate compliance with Labor Code Section 6401.7 by maintaining a copy of its Injury and Illness Prevention Plan at the Project site and making it available to the DISTRICT. EXAMINATION OF RECORDS: All original drawings, specifications, reports, calculations, 6.11 and other documents or electronic data developed by CONTRACTOR for the Project shall be furnished 12 to and become the property of the DISTRICT. CONTRACTOR agrees that the DISTRICT will have access to and the right to examine any directly pertinent books, documents, papers, and records of any and all of the transactions relating to this Agreement. 6.12 ASSIGNMENT: Neither party shall sign or transfer its interest in this Agreement without written consent of the other party. All terms, conditions, and provisions of this Agreement shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 6.13 GOVERNING LAW: This Agreement shall be construed as if it was jointly prepared by both parties hereto, and any uncertainty or ambiguity contained herein shall not be interpreted against the party drafting same. This Agreement shall be enforced and governed by the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state court situated in the County of San Bernardino, State of California, or in a federal court with in rem jurisdiction over the Project. 6.14 HEADINGS: Article and Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, and conditions of this Agreement. 6.15 PARTIAL INVALIDITY: If any term, covenant, condition, or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby. 6.16 EFFECT OF DISTRICT’S WAIVER: Any failure by the DISTRICT to enforce any provision of this Agreement, or any waiver thereof by the DISTRICT, shall not constitute a waiver of its right to enforce subsequent violations of the same or any other terms or conditions herein. 6.17 AUTHORITY: The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to sign this Agreement on behalf of and to so bind their respective legal entities. 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CONTRACTOR DISTRICT By: By: Silvia Gutierrez Michael Moore President General Manager/CEO GreenMedia Creations, Inc. East Valley Water District Exhibit A EAST VALLEY WATER DISTRICT AGREEMENT FOR WATER EFFICIENCY SUPPORT SERVICES THIS AGREEMENT 2024.13 is made this 23 day of October 2024, by and between the EAST VALLEY WATER DISTRICT, a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. (hereinafter referred to as the “DISTRICT”), and WaterWise Consulting, Inc., a contractor (hereinafter referred to as “CONTRACTOR”). RECITALS WHEREAS, the DISTRICT desires to contract with CONTRACTOR to provide services for water efficiency support (hereinafter referred to as “Project”); and WHEREAS, CONTRACTOR is willing to contract with the DISTRICT to provide such services; and WHEREAS, CONTRACTOR holds itself as duly licensed, qualified, and capable of performing said services; and WHEREAS, this Agreement establishes the terms and conditions for the DISTRICT to retain CONTRACTOR to provide the services described herein for the Project. COVENANTS NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth herein, the parties hereto agree as follows: ARTICLE I ENGAGEMENT OF CONTRACTOR AND AUTHORIZATION TO PROCEED 1.1 ENGAGEMENT: The DISTRICT hereby engages CONTRACTOR, and CONTRACTOR hereby accepts the engagement, to perform certain services described in Section 2.1 of this Agreement for the term set forth in Section 5.1 of this Agreement. 1.2 AUTHORIZATION TO PROCEED: Authorization for CONTRACTOR to proceed with all or a portion of the work described in Section 2.1 of this Agreement will be granted in writing by the DISTRICT as soon as both parties sign the Agreement and all applicable insurance and other security documents required pursuant to Section 6.3 of this Agreement are received and approved by the 2 DISTRICT. CONTRACTOR shall not proceed with said work until so authorized by the DISTRICT and shall commence work immediately upon receipt of the Notice to Proceed. 1.3 NO EMPLOYEE RELATIONSHIP: CONTRACTOR shall perform the services provided for herein as an independent CONTRACTOR, and not as an employee of the DISTRICT. CONTRACTOR is not to be considered an agent or employee of the DISTRICT for any purpose and shall not be entitled to participate in any pension plans, insurance coverage, bonus, stock, or similar benefits that the DISTRICT provides for its employees. CONTRACTOR shall indemnify the DISTRICT for any tax, retirement contribution, social security, overtime payment, or workers’ compensation payment, which the DISTRICT may be required to make on behalf of CONTRACTOR or any employee of CONTRACTOR for work performed under this Agreement. ARTICLE II SERVICES OF CONTRACTOR 2.1 SCOPE OF SERVICES: The scope of services to be performed by the CONTRACTOR under this Agreement are described in the proposal attached hereto as Exhibit “A” and incorporated herein by this reference (“Proposal”), and shall, where not specifically addressed, include all related services ordinarily provided by the CONTRACTOR under same or similar circumstances and/or otherwise necessary to satisfy the requirements of Section 3.3 of this Agreement. In case of conflict between the terms of this Agreement and the provisions of the Scope of Work, this Agreement shall govern. 2.2 HOURS AND WORKING CONDITIONS: The DISTRICT is a public entity in the State of California and is subject to the provisions of the Government Code and the Labor Code of the State. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this Agreement to the same extent as though set forth herein and will be complied with by CONTRACTOR. CONTRACTOR shall comply with all applicable provisions of the California Labor Code relating to working hours and the employment of apprentices on public works projects. CONTRACTOR shall, as a penalty to the DISTRICT, forfeit $25.00 for each worker employed in the execution of this Agreement by CONTRACTOR or by any subcontractor, for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker received compensation for all hours worked in excess of 8 hours at not less than 1½ times the basic rate of pay. 3 ARTICLE III RESPONSIBILITIES OF THE DISTRICT AND OF CONTRACTOR 3.1 DUTIES OF THE DISTRICT: The DISTRICT, without cost to CONTRACTOR, will provide all pertinent information necessary for CONTRACTOR’S performance of its obligations under this Agreement that is reasonably available to the DISTRICT unless otherwise specified in the Proposal, in which case the CONTRACTOR is to acquire such information. The DISTRICT does not guarantee or ensure the accuracy of any reports, information, and/or data so provided. To the extent that any reports, information, and/or other data so provided was supplied to the DISTRICT by persons who are not employees of the DISTRICT, any liability resulting from inaccuracies and/or omissions contained in said information shall be limited to liability on behalf of the party who prepared the information for the DISTRICT. 3.2 REPRESENTATIVE OF DISTRICT: The DISTRICT will designate William Ringland, Conservation/Public Affairs Manager as the person to act as the DISTRICT's representative with respect to the work to be performed under this Agreement. Such person will have complete authority to transmit instructions, receive information, and interpret and define the DISTRICT's policies and decisions pertinent to the work. In the event the DISTRICT wishes to make a change in the DISTRICT's representative, the DISTRICT shall notify the CONTRACTOR of the change in writing. 3.3 DUTIES OF CONTRACTOR: CONTRACTOR shall perform the Project work in such a manner as to fully comply with all applicable professional standards of care, including professional quality, technical accuracy, timely completion, and other services furnished and/or work undertaken by CONTRACTOR pursuant to this Agreement. The CONTRACTOR shall cause all work and deliverables to conform to all applicable federal, state, and local laws and regulations. 3.4 APPROVAL OF WORK: The DISTRICT's approval of work or materials furnished hereunder shall not in any way relieve CONTRACTOR of responsibility for the technical adequacy of its work. Neither the DISTRICT's review, approval or acceptance of, nor payment for any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. Where approval by the DISTRICT is indicated in this Agreement, it is understood to be conceptual approval only and does not relieve the CONTRACTOR of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the CONTRACTOR or its subcontractors. CONTRACTOR’S obligation to defend, indemnify, and hold harmless the DISTRICT, and its directors, officers, employees and agents as set forth in Section 6.9 of this Agreement also applies to the actions or omissions of the CONTRACTOR or its subcontractors as set forth above in this paragraph. 4 3.5 CONFLICT OF INTEREST: During the term of this Agreement, Contractor shall not, without the prior written consent of District, engage in any employment or professional activities which are contrary or inimical to the interests of the District and the implementation of the Project which is the subject of this agreement. ARTICLE IV PAYMENTS TO CONTRACTOR 4.1 PAYMENT: The DISTRICT will pay CONTRACTOR for work performed under this Agreement, which work can be verified by the DISTRICT, on the basis of the following: CONTRACTOR shall exercise its good faith best efforts to facilitate a full and clear definition of the scope of all assigned work so that the amount set forth in Section 4.3 of this Agreement will cover all tasks necessary to complete the work. The amount set forth in Section 4.3 of this Agreement is the maximum compensation to which CONTRACTOR may be entitled for the performance of services to complete the work for the Project, unless the Scope of Work or time to complete the work is changed by the DISTRICT in writing in advance of the work to be performed there under. Adjustments in the total payment amount shall only be allowed pursuant to Section 6.4 of this Agreement. In no event shall CONTRACTOR be entitled to compensation greater than the amount set forth in Section 4.3 of this Agreement where changes in the Scope of Work or the time for performance are necessitated by the negligence of CONTRACTOR or any subcontractor performing work on the Project. 4.2 PAYMENT TO CONTRACTOR: Payment will be made by the DISTRICT within thirty (30) calendar days after receipt of an invoice from CONTRACTOR, provided that all invoices are complete, and product and services are determined to be of sufficient quality by the DISTRICT. CONTRACTOR shall invoice DISTRICT for services performed under this Agreement. In the event that a payment dispute arises between the parties, CONTRACTOR shall provide to the DISTRICT full and complete access to CONTRACTOR'S labor cost records and other direct cost data, and copies thereof if requested by the DISTRICT. 4.3 ESTIMATED CHARGES: The total charges for all work under this Agreement are 125,000 for each year with a total not-to-exceed of $625,000. The total estimated charges stated herein constitute the total amount agreed to herein. 4.4 BILLING: CONSULTANT shall submit invoice stating services performed and the amount due for services rendered. 5 ARTICLE V COMPLETION SCHEDULE 5.1 TASK SCHEDULE: The work is anticipated to be completed as requested by the DISTRICT, when reasonable. This agreement shall be valid for one year with four one-year extensions. 5.2 TIME OF ESSENCE: CONTRACTOR shall perform all services required by this Agreement in a prompt, timely, and professional manner in accordance with the above schedule. Time is of the essence in this Agreement. ARTICLE VI GENERAL PROVISIONS 6.1 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: CONTRACTOR shall at all times observe all applicable provisions of Federal, State, and Local laws and regulations including, but not limited to, those related to Equal Opportunity Employment. 6.2 SUBCONTRACTORS AND OUTSIDE CONTRACTORS: No subcontract shall be awarded by CONTRACTOR if not identified as a subcontractor in its Proposal unless prior written approval is obtained from the DISTRICT. CONTRACTOR shall be responsible for payment to subcontractors used by them to perform the services under this Agreement. If CONTRACTOR subcontracts any of the work to be performed, CONTRACTOR shall be as fully responsible to the DISTRICT for the performance of the work, including errors and omissions of CONTRACTOR’S subcontractors and of the persons employed by the subcontractor, as CONTRACTOR is for the acts and omissions of persons directly employed by the CONTRACTOR. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor of CONTRACTOR and the DISTRICT. CONTRACTOR shall bind every subcontractor and every subcontractor of a subcontractor to the terms of this Agreement that are applicable to CONTRACTOR’S work unless specifically noted to the contrary in the subcontract in question and approved in writing by the DISTRICT. 6.3 INSURANCE: CONTRACTOR shall secure and maintain in full force and effect, until the satisfactory completion and acceptance of the Project by DISTRICT, such insurance as will protect it and the DISTRICT in such a manner and in such amounts as set forth below. The premiums for said insurance coverage shall be paid by the CONTRACTOR. The failure to comply with these insurance 6 requirements may constitute a material breach of this Agreement, at the sole discretion of the DISTRICT. (a) Certificates of Insurance: Prior to commencing services under this Agreement, and in any event no later than ten (10) calendar days after execution of this Agreement, CONTRACTOR shall furnish DISTRICT with Certificates of Insurance and endorsements verifying the insurance coverage required by this Agreement is in full force and effect. The DISTRICT reserves the right to require complete and accurate copies of all insurance policies required under this Agreement. (b) Required Provisions: The insurance policies required by this Agreement shall include the following provisions or have them incorporated by endorsement(s): (1) Primary Coverage: The insurance policies provided by CONTRACTOR shall be primary insurance and any self-insured retention and/or insurance carried by or available to the DISTRICT or its employees shall be excess and non-contributory coverage so that any self-insured retention and/or insurance carried by or available to the DISTRICT shall not contribute to any loss or expense under CONTRACTOR’S insurance. (2) Additional Insured: The policies of insurance provided by CONTRACTOR, except Workers' Compensation and Professional Liability, shall include as additional insureds: the DISTRICT, its directors, officers, employees, and agents when acting in their capacity with the District as such in conjunction with the performance of this Agreement. Such policies shall contain a "severability of interests" provision, also known as "Cross liability" or "separation of insured". (3) Cancellation: Each certificate of insurance and insurance policy shall provide that the policy may not be non-renewed, canceled (for reasons other than non- 7 payment of premium) or materially changed without advance written to the DISTRICT, as required by state law. (4) Waiver of Subrogation: The insurance policies provided by CONTRACTOR shall contain a waiver of subrogation against DISTRICT, its directors, officers, employees and agents for any claims arising out of the services performed under this Agreement by CONTRACTOR. (5) Claim Reporting: CONTRACTOR shall not fail to comply with the claim reporting provisions or cause any breach of a policy condition or warranty of the insurance policies required by this Agreement that would affect the coverage afforded under the policies to the DISTRICT. (6) Deductible/Retention: If the insurance policies provided by CONTRACTOR contain deductibles or self-insured retentions, any such deductible or self- insured retention shall not be applicable with respect to the coverage provided to DISTRICT under such policies. CONTRACTOR shall be solely responsible for any such deductible or self-insured retention and the DISTRICT, in its sole discretion, may require CONTRACTOR to secure the payment of any such deductible or self- insured retention by a surety bond or an irrevocable and unconditional letter of credit. (7) CONTRACTOR’S Subcontractors: CONTRACTOR shall include all subcontractors as additional insureds under the insurance policies required by this Agreement to the same extent as the DISTRICT or shall furnish separate certificates of insurance and policy endorsements for each subcontractor verifying that the insurance for each subcontractor complies with the same insurance requirements applicable to CONTRACTOR under this Agreement. (c) Insurance Company Requirements: CONTRACTOR shall provide insurance coverage through insurers that have at least an "A" Financial Strength Rating and a "VII" Financial Size Category in accordance with the current ratings by the A. M. Best Company, Inc. as published in Best's Key Rating Guide or on said company’s web site. In addition, any and all insurers must be admitted and authorized to conduct business in the State of California and be a participant in the California Insurance Guaranty Association, as evidenced by a listing in the appropriate publication of the California Department of 8 Insurance. (d) Policy Requirements: The insurance required under this Agreement shall meet or exceed the minimum requirements as set forth below: (1) Workers' Compensation: CONTRACTOR shall maintain Workers' Compensation insurance as required by law in the State of California to cover CONTRACTOR’S obligations as imposed by federal and state law having jurisdiction over CONTRACTOR’S employees and Employers' Liability insurance, including disease coverage, of not less than $1,000,000. (2) General Liability: CONTRACTOR shall maintain Comprehensive General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate. The policy shall include, but not be limited to, coverage for bodily injury, property damage, personal injury, products, completed operations and blanket contractual to cover, but not be limited to, the liability assumed under the indemnification provisions of this Agreement. In the event the Comprehensive General Liability insurance policy is written on a "claims made" basis, coverage shall extend for two years after the satisfactory completion and acceptance of the Project by DISTRICT. (3) Automobile Liability: CONTRACTOR shall maintain Commercial Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence for any owned, hired, or non-owned vehicles. (4) Property Coverage – Valuable Papers: Property coverage on an all-risk, replacement cost form with Valuable Papers insurance sufficient to assure the restoration of any documents, memoranda, reports, plans or other similar data, whether in hard copy or electronic form, relating to the services provided by CONTRACTOR under this Agreement with an limit of $25,000. 6.4 CHANGES IN SCOPE OR TIME: If the DISTRICT request a change in the proposal or time of completion by either adding to or deleting from the original proposal or time of completion, an equitable adjustment shall be made and this Agreement shall be modified in writing accordingly. CONTRACTOR must assert any claim for adjustment under this clause in writing within thirty-(30) calendar days from the date of receipt from CONTRACTOR of the notification of change unless the DISTRICT grants a further period of time before the date of final payment under this agreement. 9 6.5 NOTICES: All notices to either party by the other shall be made in writing and delivered or mailed to such party at their respective addresses as follows, or to other such address as either party may designate, and said notices shall be deemed to have been made when delivered or, if mailed, five (5) days after mailing. To DISTRICT: East Valley Water District 25318 5th st San Bernardino, CA 92410 Attn: William Ringland, Conservation/Public Affairs Manager To CONTRACTOR: WaterWise Consulting, Inc. 1751 s. Grand Ave. Glendora, CA 91740 Attn: Ajay Dhawan President 6.6 CONTRACTOR'S ASSIGNED PERSONNEL: CONTRACTOR designates Ajay Dhawan to have immediate responsibility for the performance of the work and for all matters relating to performance under this Agreement. Substitution of any assigned personnel shall require the prior written approval of the DISTRICT. If the DISTRICT determines that a proposed substitution is not acceptable, then, at the request of the DISTRICT, CONTRACTOR shall substitute with a person acceptable to the DISTRICT. 6.7 TERMINATION: (a) If the engagement of CONTRACTOR is not extended by the mutual written consent of the DISTRICT and CONTRACTOR, then this Agreement shall expire as provided in Section 5.1 of this Agreement. (b) Notwithstanding the above, the DISTRICT may terminate this Agreement or abandon any portion of the Project by giving ten (10) days written notice thereof to CONTRACTOR. CONTRACTOR may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days written notice only in the event of substantial failure by the DISTRICT to perform in accordance with the terms of this Agreement through no fault of 10 the CONTRACTOR. (c) In the event of termination of this Agreement or abandonment of any portion of the Project, the DISTRICT shall be immediately given title to all original drawings and other documents developed for the Project, and the sole right and remedy of CONTRACTOR shall be to receive payment for all amounts due and not previously paid to CONTRACTOR for services completed or in progress in accordance with the Agreement prior to such date of termination. If termination occurs prior to completion of any task for which payment has not been made, the fee for services performed during such task shall be based on an amount mutually agreed to by the DISTRICT and CONTRACTOR. Such payments available to the CONTRACTOR under this paragraph shall not include costs related to lost profit associated with the expected completion of the work or other such payments relating to the benefit of this Agreement. 6.8 ATTORNEYS’ FEES: In the event that either the DISTRICT or CONTRACTOR brings an action or proceeding for damages for an alleged breach of any provision of this Agreement, to interpret this Agreement or determine the rights of and duties of either party in relation thereto, the prevailing party shall be entitled to recover as part of such action or proceeding all litigation, arbitration, mediation and collection expenses, including witness fees, court costs, and reasonable attorneys' fees. Such fees shall be determined by the Court in such litigation or in a separate action brought for that purpose. Mediation will be attempted if both parties mutually agree before, during, or after any such action or proceeding has begun. 6.9 INDEMNITY: (a) CONTRACTOR shall defend, indemnify and hold DISTRICT, including its directors, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or losses of whatever nature, character, and description, with respect to or arising out of the work to be performed under this Agreement, including without limitation, any and all such claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or losses of whatever nature, character, and description, arising by reason of death or bodily injury to one or more persons, including the employees of CONTRACTOR; injury 11 to property of any kind, including loss of use; or economic damages of any kind, caused by, or arising out of breach of this Agreement, patent or copyright infringement, any alleged or actual act or omission, regardless of whether such act or omission is active or passive, by CONTRACTOR, any of CONTRACTOR’S subcontractors or DISTRICT, including their respective directors, officers, employees, agents and assigns, excepting only such matters arising from the sole negligence or willful misconduct of the DISTRICT. (b) It is the intent of the parties to this Agreement that the defense, indemnity and hold harmless obligation of CONTRACTOR under this Agreement shall be as broad and inclusive as may be allowed under California Civil Code §§ 2778 through 2784.5, or other similar state or federal law. 6.10 SAFETY: CONTRACTOR shall perform the work in full compliance with applicable State and Federal safety requirements including, but not limited to, Occupational Safety and Health Administration requirements. (a) CONTRACTOR shall take all precautions necessary for the safety of, and prevention of damage to, property on or adjacent to the Project site, and for the safety of, and prevention of injury to, persons, including DISTRICT’s employees, CONTRACTOR’S employees, and third persons. All work shall be performed entirely at CONTRACTOR'S risk. CONTRACTOR shall comply with the insurance requirements set forth in Section 6.3 of this Agreement. (b) CONTRACTOR shall also furnish the DISTRICT with a copy of any injury prevention program established for the CONTRACTOR’S employees pursuant to Labor Code Section 6401.7, including any necessary documentation regarding implementation of the program. CONTRACTOR hereby certifies that its employees have been trained in the program, and procedures are in place to train employees whenever new substances, processes, procedures, or equipment are introduced. CONTRACTOR shall demonstrate compliance with Labor Code Section 6401.7 by maintaining a copy of its Injury and Illness Prevention Plan at the Project site and making it available to the DISTRICT. EXAMINATION OF RECORDS: All original drawings, specifications, reports, calculations, 6.11 and other documents or electronic data developed by CONTRACTOR for the Project shall be furnished 12 to and become the property of the DISTRICT. CONTRACTOR agrees that the DISTRICT will have access to and the right to examine any directly pertinent books, documents, papers, and records of any and all of the transactions relating to this Agreement. 6.12 ASSIGNMENT: Neither party shall sign or transfer its interest in this Agreement without written consent of the other party. All terms, conditions, and provisions of this Agreement shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 6.13 GOVERNING LAW: This Agreement shall be construed as if it was jointly prepared by both parties hereto, and any uncertainty or ambiguity contained herein shall not be interpreted against the party drafting same. This Agreement shall be enforced and governed by the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state court situated in the County of San Bernardino, State of California, or in a federal court with in rem jurisdiction over the Project. 6.14 HEADINGS: Article and Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, and conditions of this Agreement. 6.15 PARTIAL INVALIDITY: If any term, covenant, condition, or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby. 6.16 EFFECT OF DISTRICT’S WAIVER: Any failure by the DISTRICT to enforce any provision of this Agreement, or any waiver thereof by the DISTRICT, shall not constitute a waiver of its right to enforce subsequent violations of the same or any other terms or conditions herein. 6.17 AUTHORITY: The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to sign this Agreement on behalf of and to so bind their respective legal entities. 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CONTRACTOR DISTRICT By: By: Ajay Dhawan Michael Moore President General Manager/CEO WaterWise Consulting, Inc. East Valley Water District Exhibit A Agenda Item #5 October 10, 20241 Meeting Date: October 10, 2024 Agenda Item #5 Discussion Item Regular Meeting TO: Committee Members FROM: Public Affairs/Conservation Manager SUBJECT: Legislative Platform 2025-26 RECOMMENDATION That the Legislative & Public Outreach Committee recommend that the Board of Directors adopts the 2025-26 Legislative Platform. BACKGROUND / ANALYSIS East Valley Water District (District) is committed to being an active and engaged public agency that advocates for legislation on behalf of the community. This includes monitoring, advocating, and engaging both the Federal and State legislations. Each year, the California Legislature introduces thousands of new bills and regulations that could impact District operations and customers. Given this high volume of activity, it is important to establish clear priorities through a Legislative Platform. The Legislative Platform is updated with the start of each new legislative session, in this case 2025 and 2026. The Legislative Platform identifies different roles and responsibilities within the organization, including the Board of Directors (Board), General Manager/CEO, staff, and legislative advocates. It provides direction for activities that the District should consider supporting or opposing. Legislative activities require clear direction and concise perspectives to allow staff and advocates the ability to respond quickly to legislative actions. The Legislative Platform allows the Board to establish policy priorities, thus providing staff with a tool to assess which bills and regulations to engage. Staff may request the Board take a position on proposed legislative actions that are not covered in the Legislative Platform. Maintaining an effective advocacy program consists of industry coalitions, legislative staff discussions, legislator engagement, and on-record positions. There are times where the District may not agree with the entire concept of a bill, but may be willing to engage to negotiate the elements of concern. Legislative advocacy includes being part of discussions where staff can share how a bill could positively or negatively impact District customers. This is especially important in areas where there could be substantial unintended consequences of proposed legislation. The District anticipates multiple matters of interest will be considered in the 2025-26 sessions. While it won’t become entirely clear until after the bill introduction deadline, Agenda Item #5 October 10, 20242 Meeting Date: October 10, 2024 Agenda Item #5 Discussion Item low-income rate assistance programs, water conservation requirements, clean fleet mandates, and water quality standards are items of interest the District will be closely monitoring. Staff will provide periodic updates on the session activity and items of interest to the Board. AGENCY GOALS AND OBJECTIVES I - Implement Effective Solutions Through Visionary Leadership C. Strengthen Regional, State and National Partnerships II - Maintain a Commitment to Sustainability, Transparency, and Accountability B. Utilize Effective Communication Methods C. Pursue Alternative Funding Sources D. Provide Quality Information to Encourage Community Engagement FISCAL IMPACT There is no fiscal impact associated with this agenda item. Respectfully submitted: ________________ William Ringland Public Affairs/Conservation Manager ATTACHMENTS Presentation Legislative Platform William Ringland, Public Affairs/Conservation Manager October 10, 2024 Legislative Platform 2025-26 2 •Define roles and responsibilities •Board of Directors •General Manager/CEO •Legislative Advocate •Policies and legislation to consider supporting and opposing •Outlines public positions •Monitoring tiers/level of engagement LEGISLATIVE PLATFORM Board of Directors General Manager/CEO Staff Legislative Advocate 3 •Legislative advocacy throughout the three phases of a new initiative: •Discovery •Legislation •Regulations •Participation in: •Industry Coalition/Association Activities •Legislative and administration staff •Direct engagement with legislators •Formal positional statements DISTRICT ENGAGEMENT Discovery Legislation Regulations 4 •Allows for timely engagement •Provides perspective of the organizational and community impacts •Impact to disadvantaged community members •Cost of program implantation •Limitations of the District •General approach •Maintain ability to determine the best course of action at a local level •Discourage overgeneralized and arbitrary targets, requirements, and standards •Support water affordability, without the implementation of a water use tax BENEFITS OF MAINTAINING A LEGISLATIVE PLATFORM 5 •District engages throughout the process based upon the adopted Legislative Platform •Allows for timely engagement •Provides perspective of the District and community impacts UPCOMING LEGISLATIVE PRIORITIES East Valley Water District Alternative Energy PFAS Substance Regulation Low-income Rate Assistance Water Right Modernization QUESTIONS platformLEGISLATIVE The Legislative Platform reflects the priorities adopted by Board of Directors through the Five-Year Work Plan, annual budget, and other planning documents. It is designed to serve as a guide for East Valley Water District’s legislative advocacy efforts. LE A D E R S H I P | P A R T N E R S H I P | S T E W A R D S H I P Positions The District will consider four primary public positions, while evaluating bills, in order to clearly articulate the stance on the legislation. The four positions include: The support position is the District’s public display of agreement with the current piece of legislation. Any bill receiving this designation aligns with the current Legislative Platform and serves in the best interest of the District, Board of Directors and ultimately customers. SUPPORT The oppose position states the District’s strong concerns with how the legislation is currently drafted and the negative impacts to the District’s customers. Bills receiving this position will need to be significantly amended or altered to receive any adjustment or support from EVWD. OPPOSE The support if amended and oppose if amended positions allow the District to express concerns with the current text in a drafted piece of legislation but also demonstrates to the author a willingness to collaborate on correcting/altering the bill. SUPPORT/OPPOSE IF AMENDED A watch position will be applied to all water and wastewater pieces of legislation that the District is currently monitoring but has not taken a public stance on the bill. This position could be in place as the language of the bill is being drafted and the impacts to the District are either unknown or minor. WATCH Monitoring Tiers Due to the significant volume of legislation drafted ever year, the District has established a classification system to prioritize bills and the level of engagement required for each bill. This classification is determined by the General Manager/CEO and staff and is meant to provide clarity, flexibility, and a clear demonstration on priorities of the District. A bill’s tagged monitoring tier can be adjusted throughout the legislative session as language is added/deleted or other factors adjust the priority of a bill. These tiers include the following: This tier is the highest priority for the District and one where staff will express a public position for a bill. A description of the bill will be included in a weekly briefing to the Board of Directors along with any position or status changes. Public positions can be expressed via individual letters, coalition letters and/or legislative advocacy appropriate for the circumstance. Tier  This tier is a high priority for the District, without the District taking a public position on the legislation. These bills have the potential to have a high impact on the District and customers. Tier  This tier allows staff to monitor a bill that as currently written will have a low impact on the District and customers. Tier 2 0 2 5 - 2 6 District Headquarters: 31111 Greenspot Road, Highland, California 92346 ea s t v a l l e y . o r g DRAFT Consider Supporting • Policies and funding opportunities that facilitate the implementation of alternative energy elements at District facilities to offset operational needs and or provide supplemental electricity to the larger energy grid. • State legislation that focuses on technologically and economically feasible residential and commercial water use efficiency. • Federal and State development of bond or general fund-supported funding programs for water supply development, including new surface and groundwater storage, water quality, recycled water, and conservation- related programs and efficient, fair implementation of such programs. • Federal and State legislation that provides a streamlined approach and funding opportunities to assist in the process of septic-to-sewer conversion efforts. • Policies limiting the use and manufacturing of per and polyfluoroalkyl (PFAS) substances commonly received in wastewater collection/recycling infrastructure. • Federal and State efforts that ease the path to development of recycled water resources. • Legislation that advocates mitigating operational costs to EVWD and/or its ratepayers, thereby enhancing water affordability. • Legislation and regulatory action that supports the successful construction of the Delta Conveyance, or successor project in a timely manner. • Policies and funding opportunities that assist disadvantaged communities with low-income rate assistance but do not undermine affordability for all ratepayers and Proposition 218 and/or impose administrative or communications burdens that are disproportionate to the potential benefit to low-income ratepayers. Legislative & Regulatory PlatformThe Legislative Platform summarizes the organizational policy position regarding legislative and regulatory matters of concern. The Governing Board provides direction through this Legislative Platform that allows for optimal engagement in the development and implementation of rules that impact the community. Maintaining this document allows for the timely response to issues identified as important and consistent with the District’s legislative priorities. Staff will seek the Board’s guidance on issues that are not addressed within the adopted Legislative Platform. Roles & Responsibilities BOARD OF DIRECTORS •Review, advise and adopt the Legislative Platform. •Participate in meetings with legislators, staff and other public officials, as needed. •Testify at legislative and regulatory hearings on behalf of the District, as needed. •Refrain from lobbying, advocating or taking a position contrary to the Board’s adopted position. Board Members may, as allowed by law, take positions as an individual citizen so long as the correspondence clearly identifies that it is the position of the individual rather than the District. GENERAL MANAGER / CEO & STAFF •Monitor, analyze and take positions on potential actions that could impact East Valley Water District. •Coordinate advocacy efforts with the Board of Directors to promote the interests of the District to decision makers at all levels of government. •Participate in meetings with legislators, legislative and administrative staff members, trade associations, coalitions, Board of Directors and other public officials, as needed. •Seek timely Board of Directors approval of positions as needed for complex issues of significant concern where deviation from the principles may be advisable for community benefit. •Update the Legislative Platform, as approved by the Board of Directors. •Work with Legislative Advocates and Consultants to maintain Legislative Platform, as needed. •The General Manager/CEO and designated staff may participate in legislative advocacy on behalf of the Board of Directors, so long as it is consistent with the Strategic Initiatives and Legislative Platform. •Provide an exceptional level of transparency, ethics, and customer service in representing the District’s interest to all State officials, staff, and agencies. LEGISLATIVE ADVOCATE •Monitor, review, and advise staff of State legislation, budget impacts, funding opportunities, and issues which may directly or indirectly impact the District. •Obtain and monitor all bills, resolutions, files, journals, histories, etc. and share with District as appropriate. •Communicate the District’s positions on key actions to Members of the State Legislature and staff, as well as Committee and State agencies (as appropriate) and other interest groups. •As necessary, attend hearings and provide testimony on behalf of the District. Where appropriate, arrange opportunities for the District to participate in hearing testimonies or submission of comments. •Actively establish a strong identity and presence in Sacramento on behalf of the District. This effort shall be reinforced by day-to-day involvement in the regulatory, and legislative actions on behalf of this organization. •Provide an exceptional level of transparency, ethics, and customer service in representing the District’s interest to all State officials, staff, and agencies. Consider Opposing • State legislation that seeks to limit or alter the authority and fiduciary role of the Board of Directors to manage the water and wastewater systems, impose unreasonable unfunded state mandated programs, or increase fees, property-related charges or taxes on District customers. • State legislation that would inappropriately assert the authority of the Legislature to alter or condition existing authority to construct, operate and maintain State Water Project facilities in order to convey water across the Sacramento-San Joaquin Delta. Additionally, those that would negatively impact voluntary agreements reached relating to this statewide effort. • State legislation that would hinder the exercise of existing District authority such as public contracts, procurement, rate and fee setting, financial administration, public records, and human resources. • State legislation that would result in the implementation of a requirement which is duplicative or inconsistent with current water/wastewater regulations. • Federal and State legislation and regulations that hinder the ability of the District to protect and secure critical infrastructure from cyber or physical threats and damages. • Federal and State legislation to establish Public Health Goals and Maximum Contaminant Levels outside of the procedures set forth in the Federal and California Safe Drinking Water Acts. • The expansion of broad/nonlocalized water conservation and water use efficiency program mandates that unreasonably constrain the Board of Directors to implement restrictions at the local level and therefore increase rates to customers. • State legislation that would establish a statewide or locally implemented fee or tax on water use. • Regulatory and legislative actions that would compromise the existing protections awarded to historical water rights. • Legislation that implements requirements based on developing technology and markets which lack a competitive bidding environment. 2025-26 Legislative Platform Consider Supporting • Policies and funding opportunities that facilitate the implementation of alternative energy elements at District facilities to offset operational needs and or provide supplemental electricity to the larger energy grid. • State legislation that focuses on technologically and economically feasible residential and commercial water use efficiency. • Federal and State development of bond or general fund-supported funding programs for water supply development, including new surface and groundwater storage, water quality, recycled water, and conservation- related programs and efficient, fair implementation of such programs. • Federal and State legislation that provides a streamlined approach and funding opportunities to assist in the process of septic-to-sewer conversion efforts. • Policies limiting the use and manufacturing of per and polyfluoroalkyl (PFAS) substances commonly received in wastewater collection/recycling infrastructure. • Federal and State efforts that ease the path to development of recycled water resources. • Legislation that advocates mitigating operational costs to EVWD and/or its ratepayers, thereby enhancing water affordability. • Legislation and regulatory action that supports the successful construction of the Delta Conveyance, or successor project in a timely manner. • Policies and funding opportunities that assist disadvantaged communities with low-income rate assistance but do not undermine affordability for all ratepayers and Proposition 218 and/or impose administrative or communications burdens that are disproportionate to the potential benefit to low-income ratepayers. Legislative & Regulatory PlatformThe Legislative Platform summarizes the organizational policy position regarding legislative and regulatory matters of concern. The Governing Board provides direction through this Legislative Platform that allows for optimal engagement in the development and implementation of rules that impact the community. Maintaining this document allows for the timely response to issues identified as important and consistent with the District’s legislative priorities. Staff will seek the Board’s guidance on issues that are not addressed within the adopted Legislative Platform. Roles & Responsibilities BOARD OF DIRECTORS • Review, advise and adopt the Legislative Platform. • Participate in meetings with legislators, staff and other public officials, as needed. • Testify at legislative and regulatory hearings on behalf of the District, as needed. • Refrain from lobbying, advocating or taking a position contrary to the Board’s adopted position. Board Members may, as allowed by law, take positions as an individual citizen so long as the correspondence clearly identifies that it is the position of the individual rather than the District. GENERAL MANAGER / CEO & STAFF • Monitor, analyze and take positions on potential actions that could impact East Valley Water District. • Coordinate advocacy efforts with the Board of Directors to promote the interests of the District to decision makers at all levels of government. • Participate in meetings with legislators, legislative and administrative staff members, trade associations, coalitions, Board of Directors and other public officials, as needed. • Seek timely Board of Directors approval of positions as needed for complex issues of significant concern where deviation from the principles may be advisable for community benefit. • Update the Legislative Platform, as approved by the Board of Directors. • Work with Legislative Advocates and Consultants to maintain Legislative Platform, as needed. • The General Manager/CEO and designated staff may participate in legislative advocacy on behalf of the Board of Directors, so long as it is consistent with the Strategic Initiatives and Legislative Platform. • Provide an exceptional level of transparency, ethics, and customer service in representing the District’s interest to all State officials, staff, and agencies. LEGISLATIVE ADVOCATE • Monitor, review, and advise staff of State legislation, budget impacts, funding opportunities, and issues which may directly or indirectly impact the District. • Obtain and monitor all bills, resolutions, files, journals, histories, etc. and share with District as appropriate. • Communicate the District’s positions on key actions to Members of the State Legislature and staff, as well as Committee and State agencies (as appropriate) and other interest groups. • As necessary, attend hearings and provide testimony on behalf of the District. Where appropriate, arrange opportunities for the District to participate in hearing testimonies or submission of comments. • Actively establish a strong identity and presence in Sacramento on behalf of the District. This effort shall be reinforced by day-to-day involvement in the regulatory, and legislative actions on behalf of this organization. • Provide an exceptional level of transparency, ethics, and customer service in representing the District’s interest to all State officials, staff, and agencies. Consider Opposing • State legislation that seeks to limit or alter the authority and fiduciary role of the Board of Directors to manage the water and wastewater systems, impose unreasonable unfunded state mandated programs, or increase fees, property-related charges or taxes on District customers. • State legislation that would inappropriately assert the authority of the Legislature to alter or condition existing authority to construct, operate and maintain State Water Project facilities in order to convey water across the Sacramento-San Joaquin Delta. Additionally, those that would negatively impact voluntary agreements reached relating to this statewide effort. • State legislation that would hinder the exercise of existing District authority such as public contracts, procurement, rate and fee setting, financial administration, public records, and human resources. • State legislation that would result in the implementation of a requirement which is duplicative or inconsistent with current water/wastewater regulations. • Federal and State legislation and regulations that hinder the ability of the District to protect and secure critical infrastructure from cyber or physical threats and damages. • Federal and State legislation to establish Public Health Goals and Maximum Contaminant Levels outside of the procedures set forth in the Federal and California Safe Drinking Water Acts. • The expansion of broad/nonlocalized water conservation and water use efficiency program mandates that unreasonably constrain the Board of Directors to implement restrictions at the local level and therefore increase rates to customers. • State legislation that would establish a statewide or locally implemented fee or tax on water use. • Regulatory and legislative actions that would compromise the existing protections awarded to historical water rights. • Legislation that implements requirements based on developing technology and markets which lack a competitive bidding environment. 2025-26 Legislative Platform platformLEGISLATIVE The Legislative Platform reflects the priorities adopted by Board of Directors through the Five-Year Work Plan, annual budget, and other planning documents. It is designed to serve as a guide for East Valley Water District’s legislative advocacy efforts. LE A D E R S H I P | P A R T N E R S H I P | S T E W A R D S H I P Positions The District will consider four primary public positions, while evaluating bills, in order to clearly articulate the stance on the legislation. The four positions include: The support position is the District’s public display of agreement with the current piece of legislation. Any bill receiving this designation aligns with the current Legislative Platform and serves in the best interest of the District, Board of Directors and ultimately customers. SUPPORT The oppose position states the District’s strong concerns with how the legislation is currently drafted and the negative impacts to the District’s customers. Bills receiving this position will need to be significantly amended or altered to receive any adjustment or support from EVWD. OPPOSE The support if amended and oppose if amended positions allow the District to express concerns with the current text in a drafted piece of legislation but also demonstrates to the author a willingness to collaborate on correcting/altering the bill. SUPPORT/OPPOSE IF AMENDED A watch position will be applied to all water and wastewater pieces of legislation that the District is currently monitoring but has not taken a public stance on the bill. This position could be in place as the language of the bill is being drafted and the impacts to the District are either unknown or minor. WATCH Monitoring Tiers Due to the significant volume of legislation drafted ever year, the District has established a classification system to prioritize bills and the level of engagement required for each bill. This classification is determined by the General Manager/CEO and staff and is meant to provide clarity, flexibility, and a clear demonstration on priorities of the District. A bill’s tagged monitoring tier can be adjusted throughout the legislative session as language is added/deleted or other factors adjust the priority of a bill. These tiers include the following: This tier is the highest priority for the District and one where staff will express a public position for a bill. A description of the bill will be included in a weekly briefing to the Board of Directors along with any position or status changes. Public positions can be expressed via individual letters, coalition letters and/or legislative advocacy appropriate for the circumstance. Tier  This tier is a high priority for the District, without the District taking a public position on the legislation. These bills have the potential to have a high impact on the District and customers. Tier  This tier allows staff to monitor a bill that as currently written will have a low impact on the District and customers. Tier 2 0 2 5 - 2 6 District Headquarters: 31111 Greenspot Road, Highland, California 92346 ea s t v a l l e y . o r g