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Home My WebLink AboutAgenda Packet - EVWD Board of Directors - 01/22/2025BOARD OF DIRECTORS JANUARY 22, 2025 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. GOVERNING BOARD EXECUTIVE MANAGEMENT James Morales, Jr. Chairman of the Board Michael Moore General Manager/CEO Ronald L. Coats ViceChairman Brian W. Tompkins Chief Financial Officer Chris Carrillo Governing Board Member Jeff Noelte Director of Engineering & Operations David E. Smith Governing Board Member Kerrie Bryan Director of Administrative Services Phillip R. Goodrich Governing Board Member Patrick Milroy Operations Manager Manuel Moreno Water Reclamation Manager William Ringland Public Affairs/Conservation Manager Justine Hendricksen District Clerk Board of Directors Regular Meeting January 22, 2025 5:00 PM 31111 Greenspot Road, Highland, CA 92346 www.eastvalleywater.gov 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. In order to comply with legal requirements for posting of agenda, only those items filed with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday meeting not requiring departmental investigation, will be considered by the Board of Directors. CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS AND CEREMONIAL ITEMS Sterling Natural Resource Center 2 Billion Gallons of Treated Recycled Water Celebration 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. 1.AGENDA This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the following agenda unless the Board of Directors makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the District subsequent to the posting of the agenda. a.Approval of Agenda 2.APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. a.Approve the December 11, 2024 Regular Board Meeting Minutes b.Approve the January 8, 2025 Regular Board Meeting Minutes c.Adopt 2025 Internal Revenue Service (IRS) Standard Mileage Rate d.Approve December 2024 Disbursements: Accounts payable disbursements for the period include check numbers 264460 through 264606, bank drafts, and ACH payments in the amount of $14,266,578.54 and $645,185.87 for payroll e.Accept and File Investment Report for Quarter Ended December 31, 2024 3.INFORMATIONAL ITEMS a.Legislative Advocacy Update b.Brown Act Update 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Community Advisory Commission Appointment b.Consider Approval of Grant Monitoring, Application Assistance, and Grant Management Support Services Agreement c.Consider Approval of Amendment No. 1 to the Regulatory Reporting Support Agreement with Trussell Technologies for the Sterling Natural Resource Center (SNRC) d.Consider Approval of Purchase of Diesel Fuel Trailer e.Consider Amendment to JC Law Firm Attorney Contract 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report Water Supply Update c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSJANUARY 22, 2025East 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.GOVERNING BOARD EXECUTIVE MANAGEMENTJames Morales, Jr.Chairman of the Board Michael MooreGeneral Manager/CEORonald L. CoatsViceChairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsDavid E. SmithGoverning Board Member Kerrie BryanDirector of Administrative ServicesPhillip R. GoodrichGoverning Board Member Patrick Milroy Operations ManagerManuel MorenoWater Reclamation ManagerWilliam Ringland Public Affairs/Conservation Manager Justine Hendricksen District Clerk Board of Directors Regular Meeting January 22, 2025 5:00 PM 31111 Greenspot Road, Highland, CA 92346 www.eastvalleywater.gov 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. In order to comply with legal requirements for posting of agenda, only those items filed with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday meeting not requiring departmental investigation, will be considered by the Board of Directors. CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS AND CEREMONIAL ITEMS Sterling Natural Resource Center 2 Billion Gallons of Treated Recycled Water Celebration 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. 1.AGENDA This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the following agenda unless the Board of Directors makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the District subsequent to the posting of the agenda. a.Approval of Agenda 2.APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. a.Approve the December 11, 2024 Regular Board Meeting Minutes b.Approve the January 8, 2025 Regular Board Meeting Minutes c.Adopt 2025 Internal Revenue Service (IRS) Standard Mileage Rate d.Approve December 2024 Disbursements: Accounts payable disbursements for the period include check numbers 264460 through 264606, bank drafts, and ACH payments in the amount of $14,266,578.54 and $645,185.87 for payroll e.Accept and File Investment Report for Quarter Ended December 31, 2024 3.INFORMATIONAL ITEMS a.Legislative Advocacy Update b.Brown Act Update 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Community Advisory Commission Appointment b.Consider Approval of Grant Monitoring, Application Assistance, and Grant Management Support Services Agreement c.Consider Approval of Amendment No. 1 to the Regulatory Reporting Support Agreement with Trussell Technologies for the Sterling Natural Resource Center (SNRC) d.Consider Approval of Purchase of Diesel Fuel Trailer e.Consider Amendment to JC Law Firm Attorney Contract 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report Water Supply Update c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSJANUARY 22, 2025East 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.GOVERNING BOARD EXECUTIVE MANAGEMENTJames Morales, Jr.Chairman of the Board Michael MooreGeneral Manager/CEORonald L. CoatsViceChairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsDavid E. SmithGoverning Board Member Kerrie BryanDirector of Administrative ServicesPhillip R. GoodrichGoverning Board Member Patrick Milroy Operations ManagerManuel MorenoWater Reclamation ManagerWilliam RinglandPublic Affairs/Conservation ManagerJustine HendricksenDistrict ClerkBoard of Directors Regular MeetingJanuary 22, 2025 5:00 PM31111 Greenspot Road, Highland, CA 92346www.eastvalleywater.govPLEASE 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 disabilityrelatedmodification or accommodation, including auxiliary aids or services, that is sought in orderto participate in the above agendized public meeting should be directed to the District Clerkat (909) 8854900 at least 72 hours prior to said meeting. In order to comply with legal requirements for posting of agenda, only those items filed with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday meeting not requiring departmental investigation, will be considered by the Board of Directors. CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS AND CEREMONIAL ITEMS Sterling Natural Resource Center 2 Billion Gallons of Treated Recycled Water Celebration 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. 1.AGENDA This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the following agenda unless the Board of Directors makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the District subsequent to the posting of the agenda. a.Approval of Agenda 2.APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. a.Approve the December 11, 2024 Regular Board Meeting Minutes b.Approve the January 8, 2025 Regular Board Meeting Minutes c.Adopt 2025 Internal Revenue Service (IRS) Standard Mileage Rate d.Approve December 2024 Disbursements: Accounts payable disbursements for the period include check numbers 264460 through 264606, bank drafts, and ACH payments in the amount of $14,266,578.54 and $645,185.87 for payroll e.Accept and File Investment Report for Quarter Ended December 31, 2024 3.INFORMATIONAL ITEMS a.Legislative Advocacy Update b.Brown Act Update 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Community Advisory Commission Appointment b.Consider Approval of Grant Monitoring, Application Assistance, and Grant Management Support Services Agreement c.Consider Approval of Amendment No. 1 to the Regulatory Reporting Support Agreement with Trussell Technologies for the Sterling Natural Resource Center (SNRC) d.Consider Approval of Purchase of Diesel Fuel Trailer e.Consider Amendment to JC Law Firm Attorney Contract 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report Water Supply Update c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN BOARD OF DIRECTORSJANUARY 22, 2025East 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.GOVERNING BOARD EXECUTIVE MANAGEMENTJames Morales, Jr.Chairman of the Board Michael MooreGeneral Manager/CEORonald L. CoatsViceChairman Brian W. TompkinsChief Financial OfficerChris CarrilloGoverning Board Member Jeff NoelteDirector of Engineering & OperationsDavid E. SmithGoverning Board Member Kerrie BryanDirector of Administrative ServicesPhillip R. GoodrichGoverning Board Member Patrick Milroy Operations ManagerManuel MorenoWater Reclamation ManagerWilliam RinglandPublic Affairs/Conservation ManagerJustine HendricksenDistrict ClerkBoard of Directors Regular MeetingJanuary 22, 2025 5:00 PM31111 Greenspot Road, Highland, CA 92346www.eastvalleywater.govPLEASE 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 disabilityrelatedmodification or accommodation, including auxiliary aids or services, that is sought in orderto participate in the above agendized public meeting should be directed to the District Clerkat (909) 8854900 at least 72 hours prior to said meeting.In order to comply with legal requirements for posting of agenda, only those items filedwith the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesdaymeeting not requiring departmental investigation, will be considered by the Board ofDirectors.CALL TO ORDERPLEDGE OF ALLEGIANCEPRESENTATIONS AND CEREMONIAL ITEMSSterling Natural Resource Center 2 Billion Gallons of Treated Recycled Water CelebrationROLL CALL OF BOARD MEMBERSPUBLIC COMMENTSAny person wishing to speak to the Board of Directors is asked to complete a SpeakerCard and submit it to the District Clerk prior to the start of the meeting. Each speaker islimited to three (3) minutes, unless waived by the Chairman of the Board. Under the Stateof California Brown Act, the Board of Directors is prohibited from discussing or takingaction on any item not listed on the posted agenda. The matter will automatically bereferred to staff for an appropriate response or action and may appear on the agenda at afuture meeting.1.AGENDAThis agenda contains a brief general description of each item to be considered.Except as otherwise provided by law, no action shall be taken on any item notappearing on the following agenda unless the Board of Directors makes adetermination that an emergency exists or that a need to take immediate action onthe item came to the attention of the District subsequent to the posting of theagenda.a.Approval of Agenda2.APPROVAL OF CONSENT CALENDARAll matters listed under the Consent Calendar are considered by the Board ofDirectors to be routine and will be enacted in one motion. There will be nodiscussion of these items prior to the time the board considers the motion unlessmembers of the board, the administrative staff, or the public request specific itemsto be discussed and/or removed from the Consent Calendar.a.Approve the December 11, 2024 Regular Board Meeting Minutesb.Approve the January 8, 2025 Regular Board Meeting Minutes c.Adopt 2025 Internal Revenue Service (IRS) Standard Mileage Rate d.Approve December 2024 Disbursements: Accounts payable disbursements for the period include check numbers 264460 through 264606, bank drafts, and ACH payments in the amount of $14,266,578.54 and $645,185.87 for payroll e.Accept and File Investment Report for Quarter Ended December 31, 2024 3.INFORMATIONAL ITEMS a.Legislative Advocacy Update b.Brown Act Update 4.DISCUSSION AND POSSIBLE ACTION ITEMS a.Community Advisory Commission Appointment b.Consider Approval of Grant Monitoring, Application Assistance, and Grant Management Support Services Agreement c.Consider Approval of Amendment No. 1 to the Regulatory Reporting Support Agreement with Trussell Technologies for the Sterling Natural Resource Center (SNRC) d.Consider Approval of Purchase of Diesel Fuel Trailer e.Consider Amendment to JC Law Firm Attorney Contract 5.REPORTS a.Board of Directors’ Reports b.General Manager/CEO Report Water Supply Update c.Legal Counsel Report d.Board of Directors’ Comments ADJOURN Manny Moreno, Water Reclamation Manager January 22, 2025 Two Billion Gallons of Recycled Water 2 SUSTAINABLE FUTURE 3 TWO BILLION GALLONS OF WATER RECYCLED 4 SNRC MILESTONES 2024 2025 January 14 First Drop April 14 Full Operations May 3 Turning the Valve Ceremony July 10 Cogen Engines Online January 7 Two Billion Gallons Recycled 5 RYAN CERROS & ALEX LARIOS •Ryan Cerros •Favorite Accomplishments During the First Year of SNRC: “The Teamwork Involved in Overcoming Multiple Power Interruptions.” •Alex Larios •Favorite Accomplishments During the First Year of SNRC: “Replacing Several Membrane Filter Panels On Train 2.” 6 RICARDO UGUES & DAVID WEAVER •Ricardo Ugues •Favorite Accomplishments During the First Year of SNRC: “Using the Vactor Truck to Clean Plant Lines Under Critical Conditions.” •David Weaver •Favorite Accomplishments During the First Year of SNRC: “Starting Up Solids Dewatering.” 7 EZEQUIEL MATEO & ANDREW MATA •Ezequiel Mateo •Favorite Accomplishments During the First Year of SNRC: “Seeding the Plant to Start the Biological Process.” •Andrew Mata •Favorite Accomplishments During the First Year of SNRC: “Troubleshooting and Replacing the Proximity Sensors.” 8 RAY ROYBAL •Favorite Accomplishments During the First Year of SNRC: “Hauling Over 100 Truckloads to Seed the Plant.” QUESTIONS Agenda Item #2a January 22, 20251 Meeting Date: January 22, 2025 Agenda Item #2a Consent Item Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Approve the December 11, 2024 Regular Board Meeting Minutes RECOMMENDATION That the Board of Directors approve the December 11, 2024 regular Board meeting minutes as submitted. DISTRICT PILLARS AND STRATEGIES II - Sustainability, Transparency, and Accountability a. Uphold Transparent and Accountable Fiscal and Resource Management REVIEW BY OTHERS This agenda item has been reviewed by Administration. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Justine Hendricksen District Clerk ATTACHMENTS Draft December 11, 2024 Regular Board Meeting Minutes Regular Board Meeting Meeting Date: December 11, 2024 CALL TO ORDER The Chairman of the Board called the meeting to order at 5:30 p.m. PLEDGE OF ALLEGIANCE Director Carrillo led the flag salute. PRESENTATIONS AND CEREMONIAL ITEMS •Recognition of Ray Robal for his promotion to Water Reclamation Supervisor The General Manager/CEO recognized Ray Roybal's promotion to Water Reclamation Supervisor, acknowledging his continuous growth and contributions to the District, particularly for his leadership during the commissioning and startup of the Sterling Natural Resource Center. •Community Advisory Commission – Member Recognition The Public Affairs/Conservation Manager introduced the recognition of two Community Advisory Commissioners, Dr. Alan Kay and Ms. Gail Shelton. He praised Dr. Alan Kay for his dedication and contributions to the District's Pathway Program and community engagement efforts. A new program, the Golden Valve of Public Service, was introduced to honor Dr. Alan Kay and Gail Shelton for their service. Ms. Gail Shelton was recognized for her outreach efforts and dedication to the District's mission and vision. Draft pending approval 2 0 2 2 ROLL CALL OF BOARD MEMBERS PRESENT Directors: Carrillo, Coats, Goodrich, Morales, Smith ABSENT None STAFF Michael Moore, General Manager/CEO; Brian Tompkins, Chief Financial Officer; Jeff Noelte, Director of Engineering and Operations; Kerrie Bryan, Director of Administrative Services; Patrick Milroy, Operations Manager; William Ringland, Public Affairs/Conservation Manager; Rudy Guerrero, Finance Supervisor; Janett Robledo, Conservation Coordinator; Justine Hendricksen, District Clerk; Shayla Antrim, Administrative Specialist LEGAL COUNSEL Jean Cihigoyenetche GUESTS Members of the public PUBLIC COMMENTS Chairman Morales declared the public participation section of the meeting open at 5:45 p.m. Mr. Fred Yauger requested to speak on item 3.b. after the item is presented. There being no further written or verbal comments, the public participation section was closed at 5:46 p.m. 1.APPROVAL OF AGENDA a.Approval of Agenda A motion was made by Vice Chairman Coats, seconded by Director Goodrich, that the Board approve the December 11, 2024 agenda as submitted. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Morales, Smith Noes: None Absent: None 2.APPROVAL OF CONSENT CALENDAR a.Approve Directors' Fees and Expenses for November 2024 and October 2024 amendment b.Accept and File Financial Statements for September 2024 2 0 2 2 c.Accept and File Financial Statements for October 2024 d.Approve October 2024 Disbursements: Accounts payable disbursements for the period include check numbers 264095 through 264255, bank drafts, and ACH payments in the amount of $5,071,525.64 and $516,311.52 for payroll e.Accept and File SB 165 Report for Community Facilities District 2021-1 Mediterra f.Accept and File Investment Transaction Report for Month Ended November 30, 2024 A motion was made by Director Goodrich, seconded by Director Carrillo, that the Board approve the Consent Calendar items as submitted. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Morales, Smith Noes: None Absent: None 3.INFORMATIONAL ITEMS a. Making Conservation a California Way of Life The Conservation Coordinator introduced the topic of water conservation regulations, emphasizing the District's efforts to comply with state mandates. She explained the three major components of the new regulations: urban water use objective, CII performance measures, and annual reporting. She discussed the District's current and future compliance strategies, including the importance of meeting water loss standards and the proactive measures being taken. For information only. b. Review the Draft Popular Annual Financial Report for Year Ended June 30, 2024 The Finance Supervisor introduced the Popular Annual Financial Report (PAFR), highlighting its importance for transparency and public understanding. He presented the PAFR, detailing its structure, key highlights, and the process of receiving the Government Finance Officers Association (GFOA) award. Mr. Fred Yauger praised the District's efforts in creating the PAFR, recognizing it as an effective way to communicate the District's financial information to the public in an accessible manner. Board members praised the report for its clarity and accessibility, emphasizing the importance of making financial information understandable to all ratepayers. For information only. 2 0 2 2 4.DISCUSSION AND POSSIBLE ACTION ITEMS a. Consider Approval of Agreement for Hazard Mitigation Grant Program with Navigating Preparedness Associates to Update the Local Hazard Mitigation Plan, Risk and Resilience Assessment, and Emergency Response Plan The Director of Administrative Services presented the proposal to update the district's hazard mitigation plan, risk and resilience assessment, and emergency response plan. She discussed the importance of keeping these plans current to maintain compliance with Federal Emergency Management Agency (FEMA) requirements and ensure effective disaster preparedness. A motion was made by Director Goodrich, seconded by Vice Chairman Coats, that the Board of Directors authorize the General Manager/CEO to execute a professional services agreement with Navigating Preparedness Associates to update the District’s Local Hazard Mitigation Plan, Risk and Resilience Assessment, and Emergency Response Plan, for a not to exceed amount of $217,500. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Morales, Smith Noes: None Absent: None b. Consider Authorization to Transfer Unclaimed Funds into the District's General Fund The Finance Supervisor reviewed the process and procedure of transferring unclaimed funds to the District's general fund, as required by the California Government Code, for the purpose of unencumbering stale-dated checks and keeping the related funds from escheating to the State. A motion was made by Director Goodrich, seconded by Director Carrillo, that the Board of Directors authorize the Chief Financial Officer to perform procedures prescribed in the Government Code and Civil Code of Procedure for the purpose of encumbering stale dated checks and keeping the related funds from escheating to the State as submitted. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Morales, Smith Noes: None Absent: None 2 0 2 2 c. Consider Approval of Board Reorganization, appointment of Executive Management Team and set the time, day and place for holding meetings A motion was made by Director Goodrich, seconded by Director Smith that the Board approve the following: •James Morales Jr. to serve as Board President and Ronald Coats to serve as Vice President; •Michael Moore be appointed as General Manager/Chief Executive Officer and Board Secretary; •Brian Tompkins be appointed as Chief Financial Officer and •Regularly scheduled meetings will be held at 31111 Greenspot Rd., Highland, CA 92346 on the 2nd and 4th Wednesday of each month at 5:00 p.m. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Morales, Smith Noes: None Absent: None 5.REPORTS a.Board of Directors’ Reports Director Goodrich reported on the following: December 3-5 he attended the ACWA Fall Conference; December 9 he met with the General Manager/CEO to discuss District business; and December 10 he attended the Highland City Council meeting where they discussed the Costco Warehouse project, and the held their reorganization of the Council. Director Smith reported that on December 10, he attended the Finance & Human Resources Committee meeting. Director Carrillo reported on the following: November 20 he participated in the City of San Bernardino City Council meeting where they discussed the city attorney; November 27 he met with the General Manager/CEO to discuss District business; December 4 he attended the ACWA Conference; December 5 he attended the community meeting held by Supervisor Baca; December 9 he met with the General Manager/CEO to review the agenda; and December 10 he attended the City of Highland City Council meeting. Vice Chairman Coats reported the following: November 19 he attended the Highland Chamber of Commerce meeting where Matthew Tovar from Congressman Pete Aguilar’s office and Scott Ward from Supervisor Dawn Rowe’s office were the speakers; November 19 he attended the San Bernardino Valley Mutual Water District Board meeting where they approved a reimbursement agreement with EVWD and discussed the replacement of Director June Hayes; November 26 he attended the City 2 0 2 2 of San Bernardino Board of Water Commissioners meeting where they approved several service contracts; December 4 he met with the Chairman and General Manager/CEO to review the agenda; December 5 he attended a community event held by Supervisor Baca; December 10 he attended the City of San Bernardino Board of Water Commissioners meeting where they discussed their financial audits; and December 10 he attended the Finance & Human Resources Committee meeting where they discussed the Unfunded Accrued Liability Pension Management Policy. Chairman Morales reported on the following: December 3-5 he attended the ACWA Fall Conference where one of the topics discussed was low income rate assistance, and met with the General Manager/CEO to review the agenda; December 9 he participated in Metropolitan Water District’s One Water and Stewardship Committee meeting where they discussed the Delta Conveyance financing; December 10 he attended the Metropolitan Water District’s Special Joint meeting where they discussed the Delta Conveyance Project funding vote; and December 10 he attended the City of Highland City Council meeting. For information only. b. General Manager/CEO Report The General Manager/CEO announced the following: •On December 19 District staff will be attending the City of Highland’s Storm Preparation Community meeting, held at the Highland Police Department at 6:00 p.m. •In observance of the Christmas Holiday, the December 25 Board meeting has been canceled. District offices and customer service lines will be closed December 24 through January 1 and will reopen January 2. Customers may pay their bill online, by phone, or at any 7-Eleven store. •New water rates and Tier 1 adjustments take effect on January 1, 2025. Senate Bill 1157 (SB 1157) mandates water agencies to adjust indoor water use standards from 55 gallons per person per day to 47 gallons per person per day. The adjustment will automatically be reflected on customers’ utility bills following this new State standard. •He provided an update on the valve replacement project at the intersection of Victoria and Pacific. He also recognized field team members Steven McGee, Daniel Strong, Jose Torres and David Rojas for completing the project. •He attended the County of San Bernardino’s – Fifth District Open House. 2 0 2 2 •On December 9th the District launched a new website to improve the digital customer experience and streamline access to information, whether on a desktop or mobile device. A video showcasing the District's commitment to reliable water and wastewater services, community partnerships, and innovative practices was presented. The Director of Engineering and Operations provided a Water Supply Update. For information only. c. Legal Counsel Report Legal Counsel wished everyone a Merry Christmas and said he would provide a Brown Act update in January. d. Board of Directors’ Comments Director Carrillo congratulated the leadership team and looks forward to working with them in the coming year. Director Smith, Chairman Morales, and Vice Chairman Coats expressed holiday wishes and congratulated the newly re-elected Board members of East Valley Water District, as well as Mark Falcone on his new position as director at San Bernardino Valley Water Conservation District. Chairman Morales highlighted the new website features and thanked the staff and Board for their contributions and achievements. He expressed his appreciation for everyone's dedication and wished everyone a successful New Year. For information only. ADJOURN Chairman Morales adjourned the meeting at 7:15 p.m. James Morales, Jr., Board President Michael Moore, Board Secretary Agenda Item #2b January 22, 20251 Meeting Date: January 22, 2025 Agenda Item #2b Consent Item Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Approve the January 8, 2025 Regular Board Meeting Minutes RECOMMENDATION That the Board of Directors approve the January 8, 2025 regular Board meeting minutes as submitted. DISTRICT PILLARS AND STRATEGIES II - Sustainability, Transparency, and Accountability a. Uphold Transparent and Accountable Fiscal and Resource Management REVIEW BY OTHERS This agenda item has been reviewed by Administration. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Justine Hendricksen District Clerk ATTACHMENTS Draft January 8, 2025 Regular Board Meeting Minutes Regular Board Meeting Meeting Date: January 8, 2025 CALL TO ORDER The Vice Chairman of the Board called the meeting to order at 4:30 p.m. ROLL CALL OF BOARD MEMBERS PRESENT Directors: Carrillo, Coats, Goodrich, Smith ABSENT Chairman Morales STAFF Michael Moore, General Manager/CEO; Brian Tompkins, Chief Financial Officer; Jeff Noelte, Director of Engineering and Operations; Kerrie Bryan, Director of Administrative Services; Manny Moreno, Water Reclamation Manager; William Ringland, Public Affairs/Conservation Manager; Jason Wolf, Senior Engineer; Nathan Carlson, Senior Engineer; Ryan Ritualo, IT Manager; Justine Hendricksen, District Clerk; Shayla Antrim, Administrative Specialist LEGAL COUNSEL Jean Cihigoyenetche GUESTS Members of the public PUBLIC COMMENTS Vice Chairman Coats declared the public participation section of the meeting open at 4:00 p.m. There being no written or verbal comments, the public participation section was closed. Draft pending approval 2 0 4 7 1.APPROVAL OF AGENDA a.Approval of Agenda A motion was made by Director Smith seconded by Director Goodrich, that the Board approve the January 8, 2025 agenda as submitted. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Smith Noes: None Absent: Morales 2.RECESS INTO CLOSED SESSION The Board entered into Closed Session at 4:02 p.m. as provided in the Ralph M. Brown Act Government Code Sections 54956.9(d)(1) to discuss the item listed on the agenda. RECONVENE THE MEETING The Board reconvened the meeting at 5:00 p.m. PLEDGE OF ALLEGIANCE Director Carrillo led the flag salute. ROLL CALL OF BOARD MEMBERS PRESENT Directors: Carrillo, Coats, Goodrich, Smith ABSENT Director Morales ANNOUNCEMENT OF CLOSED SESSION ACTIONS With respect to Item #2.a. legal counsel stated that no reportable action was taken. PRESENTATIONS AND CEREMONIAL ITEMS •MARCOM Gold Awards – SNRC Ribbon Cutting, F.O.G. Outreach Campaign & Whatever It Takes Video The Public Affairs/Conservation Manager shared that the District had received three MARCOM Gold Awards, which recognize outstanding communications and marketing campaigns. He provided details on the awards and recognized Public Affairs staff, Roxana Morales and Cecilia Contreras, for building programs that make a difference in the community. PUBLIC COMMENTS Vice Chairman Coats declared the public participation section of the meeting open at 5:05 p.m. 2 0 4 7 There being no written or verbal comments, the public participation section was closed. 3.APPROVAL OF CONSENT CALENDAR a.Approve November 2024 Disbursements: Accounts payable disbursements for the period include check numbers 264256 through 264459, bank drafts, and ACH payments in the amount of $3,288,629.11 and $547,006.48 for payroll b.Accept and File Financial Statements for November 2024 c.Approve the November 13, 2024 Regular Board Meeting Minutes d.Approve Directors' Fees and Expenses for December 2024 A motion was made by Director Goodrich, seconded by Director Carrillo, that the Board approve the Consent Calendar items as submitted. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Smith Noes: None Absent: Morales Abstain: None 4.INFORMATIONAL ITEMS a. Plant Security Improvement Project Update The IT Manager presented the Plant Security Improvement Project update. He discussed how the District is leveraging innovation and technology to enhance security and how the District is using these innovative technologies to improve the physical security of its facilities. He provided a comparison of the old, traditional security camera system versus the new, cutting-edge technology being implemented. He shared details on the implementation at Plant 134, including the cost savings of over $1 million over 10 years. He outlined the next steps to continue upgrading the security systems at other District facilities. For information only. 5.DISCUSSION AND POSSIBLE ACTION ITEMS a. Consider Approval of Contract with Allison Mechanical for Heating, Ventilation, and Air Conditioning (HVAC) Maintenance and Repair Services The Facilities Maintenance Supervisor presented the HVAC contract with Allison Mechanical. He explained the importance of HVAC maintenance for the District's facilities, including headquarters, the Sterling Natural Resource Center, and Treatment Plant 134. He stated that the District has utilized an HVAC contract to provide both preventative maintenance and repairs at these locations. He described the request for proposal (RFP) process, where two responses were received and evaluated based on 2 0 4 7 qualifications, responsiveness, and cost. He noted that Allison Mechanical was selected because of their attention to detail and ability to meet the District's HVAC servicing needs. A motion was made by Director Carrillo, seconded by Director Smith, that the Board of Directors authorize the General Manager/CEO to execute an agreement with Allison Mechanical for a three (3) year term, with two (2) optional 1-year extensions, not to exceed $60,000 per year. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Smith Noes: None Absent: Morales Abstain: None b. Consider Approval of Change Order No.1 for the Water Main Relocation Project with Borden Excavating, Inc. Senior Engineer Wolf presented Change Order No. 1 for the water main relocation project with Borden Excavating, Inc. He stated that the project requires the District to relocate its facilities due to conflicts in the original design, affecting sewer laterals and other underground facilities. Approximately half the costs are covered by a county grant, with the District funding the balance. The change order increases the contract by $288,375.35, bringing the total contract to $1,370,000. A motion was made by Director Goodrich, seconded by Director Smith, that the Board of Directors authorize the General Manager/CEO to approve Change Order No. 1 to construction contract with Borden Excavating, Inc (BEI) for an increase up to $288,376. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Smith Noes: None Absent: Morales Abstain: None c. Consider Approval of Construction Contract for Plant 56 Reservoir Recoating with Advanced Industrial Services, Inc. Senior Engineer Wolf discussed the construction contract for the rehabilitation of the Plant 56 reservoir. He stated that following a system-wide evaluation in 2021, the reservoir was identified for rehabilitation. Although work began last fiscal year, it shifted focus to repairing access roads and drainage structures due to storms. This year, the District hired a consultant for bid documents and publicly solicited bids, with Advanced Industrial Services Incorporated selected as the lowest responsive bidder at 2 0 4 7 $738,050. The approved budget for the project is $837,000, with construction expected to take place from late February through the end of the fiscal year. A motion was made by Director Goodrich, seconded by Director Carrillo, that the Board of Directors authorize the General Manager/CEO to execute a construction contract with Advanced Industrial Services, Inc (AIS) for a not-to-exceed amount of $738,050 plus 10 percent contingency. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Smith Noes: None Absent: Morales Abstain: None d. Consider Approval of Amendment No. 1 to the Equipment Purchase Agreement with Anaergia Technologies for the Anaerobic Digestion System at the Sterling Natural Resource Center The Director of Engineering and Operations presented an amendment to the equipment purchase agreement with Anaergia Technologies for the anaerobic digestion system at the Sterling Natural Resource Center. He explained that the original agreement from October 2019, valued at $20,229,044, incurred additional costs due to project delays related to changing the recycled water discharge point. These delays resulted in increased labor costs for equipment commissioning and project management. Additionally, the District requested extra electrical engineering services for testing related to cogeneration engines, which added $33,205.89 to the total costs. He recommended that the Board of Directors authorize the General Manager/CEO to execute this amendment for the additional amount. A motion was made by Director Carrillo, seconded by Director Goodrich, that the Board of Directors authorize the General Manager/CEO to execute Amendment No. 1 to the Equipment Purchase Agreement with Anaergia Technologies in the amount of $33,205.89. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Smith Noes: None Absent: Morales Abstain: None e. Consider Approval of a Cooperative Agreement with San Bernardino Municipal Water Department (SBMWD) and Partnering Agencies (Agencies) for the Regional Biosolids Program Feasibility Study (Phase I) Project Nathan Carlson, the Senior Engineer, presented a cooperative agreement involving the San Bernardino Municipal Water Department and 14 partnering agencies to conduct 2 0 4 7 Phase I of a feasibility study for a regional biosolids program. He explained that wastewater treatment plants generate biosolids requiring disposal, and current methods are under pressure due to various external challenges. He cited a lawsuit related to Per- and polyfluoroalkyl substance contamination (PFAS) as an example of the risks involved. He added that each agency would contribute up to $50,000 for the study and recommended that the Board of Directors authorize the General Manager/CEO to execute the agreement. A motion was made by Director Smith, seconded by Director Goodrich, that the Board of Directors authorize the General Manager/CEO to execute a Cooperative Agreement for Phase I Regional Biosolids Program Feasibility Study. The motion carried by the following: Ayes: Carrillo, Coats, Goodrich, Smith Noes: None Absent: Morales Abstain: None 6.REPORTS a.Board of Directors’ Reports Director Smith had no activities to report. Director Carrillo reported that on January 6 he met with the General Manager/CEO to review the agenda. Director Goodrich had no activities to report. Vice Chairman Coats reported the following: December 17, he attended the San Bernardino Valley Municipal Water District Board meeting where they reviewed district activities and accomplishments for 2024; December 18, he met with the General Manager/CEO to discuss District business; December 23, he attended agenda review with Chairman Morales and the General Manager/CEO; January 7, he attended the San Bernardino Valley Municipal Water District Board meeting where they discussed the Sunrise Ranch project. For information only. b. General Manager/CEO Report The General Manager/CEO reported on the following: •Reminded customers that the District offices and customer service lines will be closed on January 20 for the Martin Luther King Jr. holiday. 2 0 4 7 •Announced that the District's website will be transitioning to the eastvalleywater.gov domain starting on January 15. •Noted that starting January 1, the District adjusted indoor water use standards from 55 gallons per day per person to 47 gallons per day per person, as required by Senate Bill 1157. •Reported on the operational challenges caused by the recent windstorm and public safety power shutoff (PSPS) program: o Many of the District's facilities were affected by the power outages, with staff working 24 hours to ensure generators were operational. o As of the meeting, three facilities were still without power due to the PSPS; two were connected to generators, and one remains offline, but other reservoirs and pump stations are able to maintain service to customers. •Expressed condolences to the Kiel family on the passing of Charles Kiel, a long- time community member and North Fork Mutual Water Company Board member. For information only. c. Legal Counsel Report No report at this time. d. Board of Directors’ Comments Director Goodrich shared his experience at the Highland Boxing Toy Giveaway event. Director Smith wished everyone a happy New Year and thanked everyone for attending. Vice Chairman Coats read the representative assignments for standing committees and new meeting assignments for 2025. He announced his reappointment to the California Special District Association’s Member Services and Professional Development Committees. For information only. ADJOURN Vice Chairman Coats adjourned the meeting at 6:04 p.m. 2 0 4 7 James Morales, Jr., Board President Michael Moore, Board Secretary Agenda Item #2c January 22, 20251 Meeting Date: January 22, 2025 Agenda Item #2c Consent Item 1 3 1 0 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Adopt 2025 Internal Revenue Service (IRS) Standard Mileage Rate RECOMMENDATION That the Board of Directors adopt the standard mileage reimbursement rate established by the IRS for 2025. BACKGROUND / ANALYSIS The standard mileage rate for business is based on an annual study of fixed and variable costs of operating an automobile. The Internal Revenue Service (IRS) has announced that it will be adjusting the mileage rates for business travel from 67 cents to 70 cents per mile for 2025. The business mileage rate increased 3 cents per mile from the rate set for 2024. In the past, the Board has voted to conform with the rate at which the District reimburses Directors and employees for District related miles driven to the standard mileage rate established by the IRS. DISTRICT PILLARS AND STRATEGIES II - Sustainability, Transparency, and Accountability a. Uphold Transparent and Accountable Fiscal and Resource Management REVIEW BY OTHERS This agenda item has been reviewed by Administration. FISCAL IMPACT This item is funded in the current fiscal year budget. Agenda Item #2c January 22, 20252 Meeting Date: January 22, 2025 Agenda Item #2c Consent Item 1 3 1 0 Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Justine Hendricksen District Clerk ATTACHMENTS IRS News Release IRS increases the standard mileage rate for business use in 2025; key rate increases 3 cents to 70 cents per mile IR-2024-312, Dec. 19, 2024 WASHINGTON — The Internal Revenue Service today announced that the optional standard mileage rate for automobiles driven for business will increase by 3 cents in 2025, while the mileage rates for vehicles used for other purposes will remain unchanged from 2024. Optional standard milage rates are used to calculate the deductible costs of operating vehicles for business, charitable and medical purposes, as well as for active-duty members of the Armed Forces who are moving. Beginning Jan. 1, 2025, the standard mileage rates for the use of a car, van, pickup or panel truck will be: 70 cents per mile driven for business use, up 3 cents from 2024. 21 cents per mile driven for medical purposes, the same as in 2024. 21 cents per mile driven for moving purposes for qualified active-duty members of the Armed Forces, unchanged from last year. 14 cents per mile driven in ser vice of charitable organizations, equal to the rate in 2024. The rates apply to fully-electric and hybrid automobiles, as well as gasoline and diesel-powered vehicles. While the mileage rate for charitable use is set by statute, the mileage rate for business use is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes, meanwhile, is based on only the variable costs from the annual study. Under the Tax Cuts and Jobs Act, taxpayers cannot claim a miscellaneous itemized deduction for unreimbursed employee travel expenses. And only taxpayers who are members of the militar y on active duty may claim a deduction for moving expenses incurred while relocating under orders to a permanent change of station. Use of the standard mileage rates is optional. Taxpayers may instead choose to calculate the actual costs of using their vehicle. Taxpayers using the standard mileage rate for a vehicle they own and use for business must choose to use the rate in the first year the automobile is available for business use. Then, in later years, they can choose to use the standard mileage rate or actual expenses. For a leased vehicle, taxpayers using the standard mileage rate must employ that method for the entire lease period, including renewals. Notice 2025-5 contains the optional 2025 standard mileage rates, as well as the maximum automobile cost used to calculate mileage reimbursement allowances under a fixed-and variable rate (FAVR) plan. The notice also provides the maximum fair market value of employer-provided automobiles first made available to employees for personal use in 2025 for which employers may calculate mileage allowances using a cents-per-mile valuation rule or the fleet-average-valuation rule. PDF Page Last Reviewed or Updated: 19-Dec-2024 Agenda Item #2d January 22, 20251 Meeting Date: January 22, 2025 Agenda Item #2d Consent Item 1 3 1 6 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Approve December 2024 Disbursements: Accounts payable disbursements for the period include check numbers 264460 through 264606, bank drafts, and ACH payments in the amount of $14,266,578.54 and $645,185.87 for payroll RECOMMENDATION That the Board of Directors approve the District's expense disbursements for the period December 1, 2024 through December 31, 2024 in the amount of $14,911,764.41. BACKGROUND / ANALYSIS The payment register for supplies, materials, services, and payroll for December 2024 is attached for review and approval. This process provides the Board of Directors and the public with an opportunity to review the expenses of the District. Accounts Payable are processed weekly, while payroll is processed bi-weekly. District Policy 7.1 provides the requirements for purchases and contracts and all supporting documents are maintained by the Purchasing Agent. Accounts payable disbursements for the period include check numbers 264460 through 264606, bank drafts, and ACH Payments in the amount of $14,266,578.54 and $645,185.87, for payroll. Significant expenses greater than or equal to $50,000 are further explained below: Agenda Item #2d January 22, 20252 Meeting Date: January 22, 2025 Agenda Item #2d Consent Item 1 3 1 6 DISTRICT PILLARS AND STRATEGIES II - Sustainability, Transparency, and Accountability a. Uphold Transparent and Accountable Fiscal and Resource Management REVIEW BY OTHERS This agenda item has been reviewed by the Finance Department. FISCAL IMPACT This item is funded in the current fiscal year budget. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Brian Tompkins Chief Financial Officer ATTACHMENTS December 2024 Payment Register PAYMENT REGISTER DECEMBER 1, 2024 - DECEBER 31, 2024 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 12/05/2024 264460 APPLEONE EMPLOYMENT SERVICE 538.92 12/05/2024 264461 BURGESS MOVING & STORAGE 552.45 12/05/2024 264462 BURRTEC WASTE/ 5455 Industrial pkwy 1,030.51 12/05/2024 264463 BURRTEC WASTE/ E. 111 MILL ST 365.72 12/05/2024 264464 CHEM-TECH INTERNATIONAL INC 9,671.52 12/05/2024 264465 CitizensTrust 2,067.60 12/05/2024 264466 Dell Technologies Inc.8,832.29 12/05/2024 264467 EVERSOFT, INC 331.64 12/05/2024 264468 EXPERIAN 354.88 12/05/2024 264469 FIRST CHOICE SERVICES 623.33 12/05/2024 264470 IB CONSULTING, LLC 9,480.00 12/05/2024 264471 INTERNAL REVENUE SERVICE 27.96 12/05/2024 264472 Juan D. Basols 55.46 12/05/2024 264473 K & L HARDWARE 81.60 12/05/2024 264474 LOGICALIS, INC 22,657.83 12/05/2024 264475 METLIFE SMALL BUSINESS CENTER (Dental)12,932.74 12/05/2024 264476 METROPOLITAN LIFE INS CO 70.14 12/05/2024 264477 New Horizons Learning, LLC 3,160.00 12/05/2024 264478 SO CAL GAS 440.98 12/05/2024 264479 TRUSSELL TECHNOLOGIES.INC 40,246.49 12/05/2024 264480 TYLER BUSINESS FORMS 347.77 12/05/2024 264481 ACS SUPPORT 26.00 12/05/2024 264482 Cornerstone BBQ 4,393.61 12/12/2024 264484 ARMONDO ESPINOZA 50.00 12/12/2024 264485 D.R. HORTON 84.24 12/12/2024 264486 MICHEL GARCIA 150.00 12/12/2024 264487 CLARKS AND SONS 2,526.42 12/12/2024 264488 J/K EXCAVATION & GRADING CO. INC 2,170.07 12/12/2024 264489 BEAZER HOMES HOLDINGS LLC 56.63 12/12/2024 264490 BEAZER HOMES HOLDINGS LLC 76.35 12/12/2024 264491 BEAZER HOMES HOLDINGS LLC 95.56 12/12/2024 264492 SEA CLIFF LIQUIDITY 96.90 12/12/2024 264493 33 INC 134.80 12/12/2024 264494 DAVID CORONADO 8.64 12/12/2024 264495 ANDREA BUGARIN 100.00 12/12/2024 264496 ANDY SAMAAN 300.00 12/12/2024 264497 ANGEL SILVA 150.00 12/12/2024 264498 ARGELIA CAMARGO 150.00 12/12/2024 264499 CAROL SEGUNDO 150.00 12/12/2024 264500 CHARLENE ARCHER 200.00 12/12/2024 264501 DAVID WOOSLEY 300.00 12/12/2024 264502 DIEGO ROJAS 150.00 12/12/2024 264503 FREDERICK CAMPBELL 450.00 12/12/2024 264504 GREG GEARY 200.00 12/12/2024 264505 HUMERA MEHMOOH 200.00 12/12/2024 264506 JAMES CHAMBERS 200.00 12/12/2024 264507 JAVIER TORNER 150.00 PAYMENT REGISTER DECEMBER 1, 2024 - DECEMBER 31, 2024 Page 1 of 6 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 12/12/2024 264508 JENNIFER STAHL 150.00 12/12/2024 264509 JOLYNNE MORGAN 100.00 12/12/2024 264510 JOSE CABRERA 200.00 12/12/2024 264511 KENNETH MCNAY 112.95 12/12/2024 264512 MARIANNE BRODY 100.00 12/12/2024 264513 MARK COUSINEAU 150.00 12/12/2024 264514 MAYRA ROSALES 150.00 12/12/2024 264515 MONICA SPRAGUE 150.00 12/12/2024 264516 SHAUN HOLKE 150.00 12/12/2024 264517 SONNY SON 100.00 12/12/2024 264518 STEVEN RODRIGUEZ 150.00 12/12/2024 264519 AMERICAN FIDELITY ASSURANCE COMPANY 3,282.49 12/12/2024 264520 AMERICAN FIDELITY ASSURANCE COMPANY (FSA)1,455.39 12/12/2024 264521 APPLEONE EMPLOYMENT SERVICE 949.44 12/12/2024 264522 BURGESS MOVING & STORAGE 552.45 12/12/2024 264523 BURRTEC WASTE/ E. 111 MILL ST 2,130.79 12/12/2024 264524 California Association of Sanitation Agencies 695.00 12/12/2024 264525 Chase Truck Mobile Service 2,136.72 12/12/2024 264526 CULLIGAN OF ONTARIO 185.43 12/12/2024 264527 DAILY JOURNAL CORPORATION 555.54 12/12/2024 264528 Endress & Hauser Inc 2,813.21 12/12/2024 264529 EYE MED VISION CARE 1,574.36 12/12/2024 264530 FIRST CHOICE SERVICES 45.00 12/12/2024 264531 Health and Human Resource Center Inc.121.50 12/12/2024 264532 Juan D. Basols 12.78 12/12/2024 264533 K & L HARDWARE 150.34 12/12/2024 264534 KONICA MINOLTA BUSINESS SOLUTIONS 223.51 12/12/2024 264535 O'REILLYS AUTO PARTS 899.74 12/12/2024 264536 Pro-West & Assoc., Inc 10,093.86 12/12/2024 264537 SOUTHERN CALIFORNIA EDISON COMPANY 234,536.52 12/12/2024 264538 SWRCB-DWOCP 120.00 12/12/2024 264539 Tri-Cities Answering Service & Call Center, Inc.1,221.65 12/12/2024 264540 TYLER BUSINESS FORMS 50.60 12/12/2024 264541 UNIFIRST CORPORATION 1,640.55 12/12/2024 264543 WESTERN WATER WORKS SUPPLY CO., INC 32,791.90 12/12/2024 264544 XYLEM DEWATERING SOLUTIONS, INC 49,786.13 12/18/2024 264545 BALFOUR BEATTY INFRASTRUCTURE, INC 4,630,142.26 12/18/2024 264546 SWRCB 3,902,358.56 12/18/2024 264547 SWRCB 3,267,839.93 12/18/2024 264548 ACS SUPPORT 26.00 12/18/2024 264549 ALTERNATIVE HOSE INC 38.79 12/18/2024 264550 APPLEONE EMPLOYMENT SERVICE 2,208.81 12/18/2024 264551 Aqua Ben Corporation 4,683.89 12/18/2024 264552 AT&T 47.49 12/18/2024 264553 AUTOZONE PARTS 546.44 12/18/2024 264554 CHEM-TECH INTERNATIONAL INC 9,530.05 12/18/2024 264555 Costin Public Outreach Group, Inc 2,602.50 12/18/2024 264556 DENTAL HEALTH SERVICES 162.90 12/18/2024 264557 DIRECTV 70.74 12/18/2024 264558 E Source Companies LLC 2,700.00 12/18/2024 264559 EDIFICA USA LLC 3,450.00 12/18/2024 264560 ENGINEERING RESOURCES 17,869.80 12/18/2024 264561 HARPER & ASSOCIATES ENGINEERING, INC 1,600.00 12/18/2024 264562 HATFIELD BUICK 289.43 12/18/2024 264563 HERNANDEZ KROONE & ASSOCIATES, INC 24,988.00 PAYMENT REGISTER DECEMBER 1, 2024 - DECEMBER 31, 2024 Page 2 of 6 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 12/18/2024 264564 INTERSTATE BATTERY 429.92 12/18/2024 264565 James Litho 2,391.80 12/18/2024 264566 K & L HARDWARE 17.05 12/18/2024 264567 KONICA MINOLTA BUSINESS SOLUTIONS 327.20 12/18/2024 264568 MIdwest Motor Supply Co Inc 214.42 12/18/2024 264569 O'REILLYS AUTO PARTS 961.40 12/18/2024 264570 PETTY CASH 831.22 12/18/2024 264571 RYAN HERCO FLOW SOLUTIONS 12,925.49 12/18/2024 264572 SOUTHERN CALIFORNIA EDISON COMPANY 7,069.93 12/18/2024 264573 SPECTRUM 13,243.16 12/18/2024 264574 SWRCB 64,415.00 12/18/2024 264575 SWRCB 3,630.00 12/18/2024 264576 SWRCB 21,150.00 12/18/2024 264577 TRUSSELL TECHNOLOGIES.INC 42,366.13 12/18/2024 264578 UNIFIRST CORPORATION 863.00 12/18/2024 264579 UNITED SITE SERVICES OF CALIFORNIA, INC 454.18 12/18/2024 264580 US Landscape Inc 10,800.00 12/18/2024 264581 WEB ADVANCED CORPORATION 25,000.00 12/18/2024 264582 WESTERN WATER WORKS SUPPLY CO., INC 6,796.88 12/18/2024 264584 YO FIRE 4,816.43 12/18/2024 264585 York Employment Services, Inc.1,493.42 12/19/2024 264586 SHIELA BOYD 2,590.70 12/20/2024 264587 BORDEN EXCAVATING 217.26 12/20/2024 264588 THE WILSON GROUP, LLC 150.00 12/20/2024 264589 GLORIA G SANCHEZ 107.55 12/20/2024 264590 MARTIN JR RODRIGUEZ 62.84 12/23/2024 264591 AMERICAN FIDELITY ASSURANCE COMPANY (FSA)4,366.17 12/23/2024 264592 AT&T 539.01 12/23/2024 264593 DIRECTV 89.29 12/23/2024 264594 DXP Enterprises, Inc 27,231.69 12/23/2024 264595 K & L HARDWARE 149.84 12/23/2024 264596 LOWE'S 1,218.96 12/23/2024 264597 NOVOGRADAC & COMPANY LLP 2,950.00 12/23/2024 264598 SAN BERNARDINO COUNTY, ATC CONTROLLER DIVISION 167.49 12/23/2024 264599 Texas Life Insurance Company 514.71 12/23/2024 264600 US BANCORP SERVICE CENTER 75,615.86 12/23/2024 264606 Randy Broabus Allen 36,306.50 BANK DRAFTS 12/02/2024 DFT0005446 GLOBAL PAYMENTS 24,509.45 12/03/2024 DFT0005447 MERCHANT BANKCD 1,306.59 12/06/2024 DFT0005419 CA SDI Tax 4,544.99 12/06/2024 DFT0005420 CALPERS/ DEFERRED COMPENSATION 26,693.59 12/06/2024 DFT0005421 CALPERS/ RETIREMENT 60,999.04 12/06/2024 DFT0005422 Federal Payroll Tax 47,491.23 12/06/2024 DFT0005423 Medicare 12,504.65 12/06/2024 DFT0005424 Social Security 223.82 12/06/2024 DFT0005425 STATE DISBURSEMENT UNIT 908.77 12/06/2024 DFT0005426 State Payroll Tax 19,791.47 12/10/2024 DFT0005445 FORTE, ACH DIRECT INC, ACH FEES 5,660.40 12/13/2024 DFT0005428 CA SDI Tax 792.00 12/13/2024 DFT0005429 Federal Payroll Tax 3,932.03 12/13/2024 DFT0005430 Medicare 2,133.00 12/13/2024 DFT0005431 State Payroll Tax 991.60 12/20/2024 DFT0005432 CA SDI Tax 4,365.78 PAYMENT REGISTER DECEMBER 1, 2024 - DECEMBER 31, 2024 Page 3 of 6 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 12/20/2024 DFT0005433 CALPERS/ DEFERRED COMPENSATION 27,036.95 12/20/2024 DFT0005434 CALPERS/ RETIREMENT 60,949.23 12/20/2024 DFT0005435 Federal Payroll Tax 45,275.67 12/20/2024 DFT0005436 Medicare 12,128.76 12/20/2024 DFT0005437 Social Security 1,134.40 12/20/2024 DFT0005438 STATE DISBURSEMENT UNIT 908.77 12/20/2024 DFT0005439 State Payroll Tax 18,653.53 12/20/2024 DFT0005444 CBB 2,628.20 12/23/2024 DFT0005440 CA SDI Tax 317.29 12/23/2024 DFT0005441 Federal Payroll Tax 5,075.53 12/23/2024 DFT0005442 Medicare 836.48 12/23/2024 DFT0005443 State Payroll Tax 2,126.47 12/31/2024 DFT0005448 PayNearMe, Inc.589.04 ACH PAYMENTS 12/05/2024 10015032 AMAZON CAPITAL SERVICES, INC 893.21 12/05/2024 10015033 BARRY'S SECURITY SERVICES, INC 11,252.85 12/05/2024 10015034 CAROL CALES 568.35 12/05/2024 10015035 CLARK PEST CONTROL 159.00 12/05/2024 10015036 CLEARFLY COMMUNATIONS 88.72 12/05/2024 10015037 COUNTY OF SAN BERNARDINO, RECORDER- CLERK 80.00 12/05/2024 10015038 DAVID HERNANDEZ 600.74 12/05/2024 10015039 ECS IMAGING INC.10,075.00 12/05/2024 10015040 ED KING 850.00 12/05/2024 10015041 ELISEO OCHOA 575.09 12/05/2024 10015042 FRONTIER COMMUNICATIONS 103.90 12/05/2024 10015043 JOHN MURA 727.21 12/05/2024 10015044 LINCOLN NATIONAL LIFE INS CO.2,489.98 12/05/2024 10015045 MARLINK INC 468.75 12/05/2024 10015046 MARTHA T DURAN 850.00 12/05/2024 10015047 MCMASTER-CARR 739.74 12/05/2024 10015048 MOBILE OCCUPATIONAL SERVICES, INC 373.50 12/05/2024 10015049 Nova Landscape Group, Inc.17,226.50 12/05/2024 10015050 REBECCA KASTEN 669.44 12/05/2024 10015051 RICHARD BECERRA 727.21 12/05/2024 10015052 RINCON CONSULTANTS, INC.515.75 12/05/2024 10015053 Ryan Cerros 149.00 12/05/2024 10015054 SCN, SECURITY COMMUNICATION NETWORK, INC 495.00 12/05/2024 10015055 UNDERGROUND SERVICE ALERT 428.10 12/05/2024 10015056 USA BLUE BOOK, HD SUPPLY FACILITIES MAINT, LTD 437.01 12/05/2024 10015057 WAXIE SANITARY SUPPLY 1,157.59 12/05/2024 10015058 Yahweh Pools 250.00 12/05/2024 10015059 EVWD EMPLOYEES EVENTS ASSOC 288.52 12/12/2024 10015060 ALLISON MECHANICAL, INC 16,746.49 12/12/2024 10015061 AMAZON CAPITAL SERVICES, INC 1,574.99 12/12/2024 10015063 ANTHESIS 10,504.17 12/12/2024 10015064 COMPUTERIZED EMBROIDERY COMPANY, INC 2,930.60 12/12/2024 10015065 EVWD EMPLOYEES EVENTS ASSOC 1,158.31 12/12/2024 10015066 FERGUSON ENTERPRISES, INC.25,660.67 12/12/2024 10015067 FLEET SERVICES /COLTON TRUCK 213.73 12/12/2024 10015068 FMB TRUCK OUTFITTERS, INC 53.77 12/12/2024 10015069 GENESIS INDUSTRIAL SUPPLY, INC 229.60 12/12/2024 10015070 GRAINGER 592.21 12/12/2024 10015071 HACH COMPANY 9,817.06 12/12/2024 10015072 HADRONEX, INC dba SMARTCOVER SYSTEMS 6,780.72 PAYMENT REGISTER DECEMBER 1, 2024 - DECEMBER 31, 2024 Page 4 of 6 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 12/12/2024 10015073 HydroPro Solutions 2,114.42 12/12/2024 10015074 INDUSTRIAL RUBBER & SUPPLY 465.89 12/12/2024 10015075 INFOSEND, INC 419.24 12/12/2024 10015076 JC LAW FIRM 11,095.00 12/12/2024 10015077 JOSE MILLAN 4,860.00 12/12/2024 10015078 MINUTEMAN PRESS OF RANCHO CUCAMONGA 137.76 12/12/2024 10015079 MUSICK, PEELER & GARRETT LLP 220.00 12/12/2024 10015080 NEOGOV 1,232.84 12/12/2024 10015081 PLUMBERS DEPOT INC.3,921.14 12/12/2024 10015082 Safety Compliance Company 200.00 12/12/2024 10015083 SCN, SECURITY COMMUNICATION NETWORK, INC 255.00 12/12/2024 10015084 STERICYCLE, INC DBA SHRED-IT 184.17 12/12/2024 10015085 TSR PERFORMANCE 246.51 12/12/2024 10015086 VALERO FLEET, WEX BANK 14,543.94 12/12/2024 10015087 VERIZON WIRELESS 10,215.92 12/12/2024 10015089 VULCAN MATERIALS CO/ CALMAT CO 5,482.14 12/12/2024 10015090 WHITE CAP LP 657.90 12/18/2024 10015091 124 Productions 1,775.00 12/18/2024 10015092 ADAM SIEVERS 150.00 12/18/2024 10015093 ADCOMP SYSTEMS, INC 319.29 12/18/2024 10015094 ALBERT A. WEBB ASSOCIATES 600.00 12/18/2024 10015095 AMAZON CAPITAL SERVICES, INC 4,212.79 12/18/2024 10015096 AMERICAN RENTALS, INC 188.41 12/18/2024 10015097 ANAERGIA TECHNOLOGIES LLC 479,713.60 12/18/2024 10015098 ARCADIS U.S., INC 28,816.25 12/18/2024 10015099 ASHOK K. DHINGRA, AKD CONSULTING 48,817.54 12/18/2024 10015100 BARRY'S SECURITY SERVICES, INC 7,476.32 12/18/2024 10015101 BOOT BARN, INC 3,088.19 12/18/2024 10015102 CLARK PEST CONTROL 357.00 12/18/2024 10015103 CLINICAL LAB OF S B 4,964.00 12/18/2024 10015104 COMPUTERIZED EMBROIDERY COMPANY, INC 331.00 12/18/2024 10015105 CORE & MAIN LP 3,678.98 12/18/2024 10015106 CORELOGIC SOLUTIONS, LLC 403.81 12/18/2024 10015107 EVWD EMPLOYEES EVENTS ASSOC 388.49 12/18/2024 10015108 FRONTIER COMMUNICATIONS 1,313.00 12/18/2024 10015109 GRAINGER 1,063.17 12/18/2024 10015110 HACH COMPANY 3,436.03 12/18/2024 10015111 INFOSEND, INC 46,806.70 12/18/2024 10015112 JOSE MILLAN 160.00 12/18/2024 10015113 KRIEGER & STEWART, INCORPORATED 4,121.28 12/18/2024 10015114 LEGEND PUMP AND WELL SERVICES 111,319.80 12/18/2024 10015115 MANAGED MOBILE, INC.9,134.94 12/18/2024 10015116 Marvin's Mobile Truck Wash 940.00 12/18/2024 10015117 MCCALL'S METER SALES & SERVICE 50.00 12/18/2024 10015118 MCMASTER-CARR 1,208.52 12/18/2024 10015119 MINUTEMAN PRESS OF RANCHO CUCAMONGA 5,739.60 12/18/2024 10015120 PLUMBERS DEPOT INC.1,901.72 12/18/2024 10015121 RESOLUTE 10,000.00 12/18/2024 10015122 RINCON CONSULTANTS, INC.670.00 12/18/2024 10015123 SG CREATIVE, LLC 5,980.00 12/18/2024 10015124 STAPLES BUSINESS ADVANTAGE 1,088.56 12/18/2024 10015125 STERICYCLE, INC DBA SHRED-IT 178.47 12/18/2024 10015126 Synagro - WWT, Inc 133,594.80 12/18/2024 10015127 TSR PERFORMANCE 8,075.43 12/18/2024 10015128 VULCAN MATERIALS CO/ CALMAT CO 1,008.67 PAYMENT REGISTER DECEMBER 1, 2024 - DECEMBER 31, 2024 Page 5 of 6 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 12/18/2024 10015129 WATER SYSTEMS CONSULTING, INC 5,751.50 12/18/2024 10015130 ZENON ENVIRONMENTAL CORP.129.30 12/23/2024 10015131 ACI PAYMENTS INC.45.00 12/23/2024 10015132 ADCOMP SYSTEMS, INC 100.00 12/23/2024 10015133 AMAZON CAPITAL SERVICES, INC 2,088.30 12/23/2024 10015134 FMB TRUCK OUTFITTERS, INC 28.93 12/23/2024 10015135 JEREMY SUBRIAR 59.00 12/23/2024 10015136 LANDS END INC 147.85 12/23/2024 10015137 MIKE J. ROQUET CONSTRUCTION INC 19,701.37 12/23/2024 10015138 USA BLUE BOOK, HD SUPPLY FACILITIES MAINT, LTD 515.34 12/23/2024 10015139 MATT ARMITAGE 100.00 12/31/2024 10015140 CAROL CALES 607.88 12/31/2024 10015141 DAVID HERNANDEZ 675.20 12/31/2024 10015142 ED KING 850.00 12/31/2024 10015143 ELISEO OCHOA 645.92 12/31/2024 10015144 JOHN MURA 741.56 12/31/2024 10015145 REBECCA KASTEN 708.40 12/31/2024 10015146 RICHARD BECERRA 741.56 TOTAL 14,266,578.54$ PAYMENT REGISTER DECEMBER 1, 2024 - DECEMBER 31, 2024 Page 6 of 6 Agenda Item #2e January 22, 20251 Meeting Date: January 22, 2025 Agenda Item #2e Consent Item 1 3 2 0 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Accept and File Investment Report for Quarter Ended December 31, 2024 RECOMMENDATION That the Board of Directors accept and file the attached Investment Report for the quarter ended December 31, 2024. BACKGROUND / ANALYSIS California Government Code §53646(b) requires the Treasurer or CFO of a local agency to submit a quarterly report on the agency’s investments to the legislative body of the agency within 30 days of the end of each quarter. The attached Investment Report shows all the District’s cash and investments, restricted and unrestricted, as of December 31, 2024. Attachment A presents the investment securities purchased and retired during the quarter October to December 2024. Increases and decreases in highly liquid funds, such as LAIF, are explained in the narrative below. Unrestricted Investments LAIF The balance held in the Local Agency Investment Fund (LAIF) at the beginning of the quarter was $17,063,664. Interest earned during the previous quarter of $203,597 was posted to the account in October, and there was one withdrawal and transfer to the District’s checking account in December of $7,000,000 to help cover the final retention release on the SNRC construction contract, and to make the first SNRC loan payment(s). The balance in LAIF at the end of December was $10,267,261. LAIF earnings for the quarter ended December 31, 2024, were $189,296, calculated at an apportionment rate of 4.62%: down from 4.71% which had been in effect for the previous quarter. The earnings were posted to the District’s account on January 15, 2025. US Bank Fixed Income Account (previously CBB Wealth Management) The total (book) value of the assets held with US Bank increased from $16,325,411 to $16,514,962 during the quarter ended December 31, 2024. The balance in this account is held both in a money market account, $1,025,305, and in a $15,489,657 portfolio of Treasury and federal agency securities shown on Attachment A. Agenda Item #2e January 22, 20252 Meeting Date: January 22, 2025 Agenda Item #2e Consent Item 1 3 2 0 There were no transfers into or out of the US Bank account during the quarter. Net interest payments received on securities in the District’s portfolio were $184,698 and funds held in money market accounts earned dividends of $6,322. Investment manager fees paid during the quarter were $3,000, and amortization on premiums / accretion of discounts taken at the time of purchase of certain securities, increased the value of the portfolio by $1,531. The following schedule summarizes the activity for Unrestricted Investments during the Quarter ended December 31, 2024: A ccount Beg Bal Depo sit s/ (Wit hdrawals)Earnings Fees Disc / Prem A mo rt izat io n Ending Balance LA IF 17 ,063,66 4$ (7 ,000,00 0)$ 203,5 97$-$ -$ 10,26 7,261$ US Bank Fixe d Inc 16 ,325,41 1 -191,0 20 (3,00 0)1 ,5 31 16,51 4,962 Restricted Investments Accounts opened with US Bank are used to receive District deposits, from which the Trustee (US Bank) pays District bondholders. Semi-annual bond payment dates are April 1st and October 1st. Accordingly, the District held funds with the trustee for the October 1, 2024 payment. Those funds were transferred by the trustee to the principal and interest accounts, from which payments were made to bondholders. Nominal interest earnings were added to the interest account between October and December, leaving a balance of $13,476 at December 31, 2024. There were no other transactions that affected the account balances. Summary Schedule of US Bank Trustee Accounts The following schedule summarizes activity in the US Bank Trust accounts for the Quarter ended December 31, 2024: 2020A A cco unt s Beg Bal Dist rict Depo sit s Earnings Transfers Wit hdrawals/ Payment s End ing Balance Payme nt Fd 1,325,4 25$-$ -$ (1 ,325,425)$-$ -$ Int e re st A c ct 13,3 32 -145 295,425 (295,426)13,4 7 6 Principal A c ct ---1 ,030,000 (1 ,030,000)- 2020B A cco unt s Beg Bal Dist rict Depo sit s Earnings Transfers Wit hdrawals/ Payment s End ing Balance Payme nt Fd 435,7 26$ -$ -$ (435,726)$ -$ -$ Int e re st A c ct ---160,726 (160,726)- Principal A c ct ---275,000 (275,000)- DISTRICT PILLARS AND STRATEGIES II - Sustainability, Transparency, and Accountability a. Uphold Transparent and Accountable Fiscal and Resource Management Agenda Item #2e January 22, 20253 Meeting Date: January 22, 2025 Agenda Item #2e Consent Item 1 3 2 0 REVIEW BY OTHERS This agenda item has been reviewed by the Finance Department. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Brian Tompkins Chief Financial Officer ATTACHMENTS 1. Investment Report for the Quarter Ended December 2024 2. Attachment A - CBB Investment Activity for Quarter Ended December 2024 Funds Held by EVWD Cashiers change fund Petty Cash / Kiosk cash Checking account Citizens Business Bank Funds Held by EVWD Under Management of an Outside Party Local Agency Investment Fund - Undesignated US Bank Custodial Account US Treasury / Agency Bonds Money Market Acct First American US Treasury MM US Bank (2020A Refunding Revenue Bond Trustee) Principal Account First American US Treasury MM Interest Account First American us Treasury MM US Bank (2020B Refunding Revenue Bond Trustee) Principal Account First American US Treasury MM Interest Account First American us Treasury MM Total Cash and Investments SUMMARY Book Value Cash 2,004,189.09 LAIF 10,267,261.27 Treasury/Agency Securities 15,489,657.00 Money Market Treasury Funds 1,038,781.08 Total Cash and Investments 28,799,888.44 Less: Funds designated for Bond debt service (13,476.13) Less: Restricted Capacity Fees (15,523,995.00) Less: Customer Deposits (1,241,991.00) Total Unrestricted / Undesignated Cash and Investments 12,020,426.31 EAST VALLEY WATER DISTRICT INVESTMENT REPORT QUARTER ENDED DECEMBER 31, 2024 Funds Purchase Maturity Managed By Date Date District N/A N/A District N/A N/A District N/A N/A State of California N/A N/A -' US Bank See Attached US Bank N/A N/A � US Bank N/A N/A US Bank N/A N/A ...J US Bank N/A N/A US Bank N/A N/A Market Value % 2,004,189.09 6.99% 10,267,261.27 35.80% 15,369,319.50 53.59% 1,038,781.08 3.62% 28,679,550.94 100.00% (13,476.13) -0.05% (15,523,995.00) -54.13% (1,241,991.00) -4.33% 11,900,088.81 41.49% Interest Face Book Market Source of Rate Value Value Value Valuation N/A 900.00 900.00 900.00 N/A N/A 4,500.00 4,500.00 4,500.00 N/A N/A 1,998,789.09 1,998,789.09 1,998,789.09 N/A 4.620% 10,267,261.27 10,267,261.27 10,267,261.27 LAIF 15,500,000.00 15,489,657.00 15,369,319.50 Interactive Data 4.110% 1,025,304.95 1,025,304.95 1,025,304.95 N/A � -4.110% US Bank 4.110% 13,476.13 13,476.13 13,476.13 US Bank -- 4.110% US Bank 4.110% US Bank 28,810,231.44 28,799,888.44 28,679,550.94 I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Sec. 53646 as amended 1/1/96. This report is also in conformity with the investment policy of East Valley Water District. As Treasurer of East Valley Water District, I hereby certify that sufficient investment liquidity and anticipated �� /reve e are available to meet the next six month's estimated expenditures. -�...,,c:c;.r;�:::,o�=---:��""'-=-------l /4nlll»V &1�S-Sig ture =rt>ate EAST VALLEY WATER DISTRICT Investment Activity Quarter Ended December 31, 2024 Activity (Book Value) Purch Units/ Maturity Amort Cost Adjusted Cost Matured/ r Acijuateil Coafl:2/31/2024 Market � Issuer CUSIP � Face Value Date 10/1/2024 Adjustment 12/1/2024 Purchases Called Total Water Sewer Value 10/18/21 US Treasury Note 91282CAZ4 0.375% 500,000 11/30/25 497,727.09 490.13 498,217.22 498,217.22 498,217.22 482,830.00 03/31/21 US Treasury Note 91282CBT7 0.750% 500,000 03/31/26 498,413.98 266.50 498,680.48 498,680.48 498,680.48 478,920.00 12/08/23 US Treasury Note 91282OL6 4.875% 500,000 11/30/25 500,773.10 (159.55) 500,613.55 500,613.55 500,613.55 502,710.00 12/26/23 US Treasury Note 91282OSl 4.250% 500,000 12/31/25 499,761.48 68.00 499,829.48 499,829.48 499,829.48 500,125.00 12/27/23 US Treasury Note 91282OP7 4.375% 600,000 12/15/26 604,928.52 (524.09) 604,404.43 604,404.43 604,404.43 601,362.00 04/22/24 US Treasury Note 912820(6 4.625% 200,000 10/15/26 199,102.00 96.44 199,198.44 199,198.44 199,198.44 201,224.00 05/19/23 US Treasury Note 91282CGX3 3.875% 300,000 04/30/25 299,360.02 252.35 299,612.37 299,612.37 299,612.37 299,547.00 04/05/24 US Treasury Note 91282CKH3 4.500% 500,000 03/31/26 498,568.54 202.66 498,771.20 498,771.20 498,771.20 501,360.00 04/10/24 US Treasury Note 91282OE2 5.000% 400,000 10/31/25 399,859.05 25.74 399,884.79 399,884.79 399,884.79 402,308.00 4/10 & 4/11 US Treasury Note 91282CKJ9 4.500% 800,000 04/15/27 795,221.78 412.12 795,633.90 795,633.90 795,633.90 804,016.00 09/23/24 US Treasury Note 91282CLL3 3.375% 500,000 09/15/27 498,584.87 103.95 498,688.82 498,688.82 498,688.82 488,610.00 07/30/20 FHLMC MTN 3134HAGV9 4.000% 500,000 08/27/27 496,482.97 278.15 496,761.12 496,761.12 496,761.12 493,860.00 08/05/20 FHLMC MTN 3134GWMY9 0.625% 100,000 08/19/25 100,000.00 100,000.00 100,000.00 100,000.00 97,691.00 09/24/24 Federal Home Loan Bank 3130B2UW3 4.000% 500,000 06/10/27 500,000.00 500,000.00 500,000.00 500,000.00 494,400.00 Federal Home Loan Bank 3130B2KW4 4.375% 400,000 08/27/27 399,960.00 399,960.00 399,960.00 399,960.00 398,860.00 09/23/21 Federal Home Loan Bank 3130APAZ8 1.030% 200,000 09/30/26 200,000.00 200,000.00 200,000.00 200,000.00 189,062.00 03/25/21 Federal Home Loan Bank 3130ALUF9 1.000% 300,000 03/30/26 300,000.00 300,000.00 300,000.00 300,000.00 288,063.00 03/25/21 Federal Home Loan Bank 3130ALPB4 0.800% 300,000 05/30/25 300,000.00 300,000.00 300,000.00 300,000.00 295,677.00 03/29/21 Federal Home Loan Bank 3130ALU93 0.750% 200,000 06/30/25 200,000.00 200,000.00 200,000.00 200,000.00 196,602.00 09/17/21 Federal Home Loan Bank 3130AP6M2 1.020% 400,000 09/30/26 400,000.00 400,000.00 400,000.00 400,000.00 378,056.00 12/27/23 Federal Home Loan Bank 3130AWLY4 5.125% 400,000 06/13/25 401,804.22 (639.32) 401,164.90 401,164.90 401,164.90 401,420.00 10/25/24 Federal Home Loan Bank 3130B3G72 4.250% 300,000 10/22/27 300,000.00 300,000.00 300,000.00 298,623.00 10/30/24 Federal Home Loan Bank 3130B3JC8 4.310% 200,000 10/20/27 200,000.00 200,000.00 200,000.00 199,332.00 10/15/21 Federal Home Loan Bank 3130AKC95 0.550% 200,000 10/29/25 199,415.41 135.00 199,550.41 199,550.41 199,550.41 193,928.00 10/15/21 Federal Home Loan Bank 3130APJ55 1.250% 300,000 10/26/26 299,998.33 0.30 299,998.63 299,998.63 299,998.63 284,115.00 10/28/21 Federal Horne Loan Bank 3130APLB9 0.850% 10/28/24 100,000.00 100,000.00 100,000.00 02/14/24 Federal Home Loan Bank 3130AYlV1 5.060% 200,000 02/13/26 200,000.00 200,000.00 200,000.00 200,000.00 199,742.00 11/10/21 Federal Home Loan Bank 3130APUY9 1.000% 200,000 02/28/25 200,000.00 200,000.00 200,000.00 200,000.00 198,924.00 11/29/21 Federal Home Loan Bank 3130AQ2H5 1.050% 11/25/24 99,998.65 1.35 100,000.00 100,000.00 04/05/24 Federal Home Loan Bank 3130BOSH3 5.080% 500,000 04/09/26 500,000.00 500,000.00 500,000.00 500,000.00 500,820.00 04/09/24 Federal Horne Loan Bank 3130BOSU4 5.150% 500,000 01/09/26 500,000.00 500,000.00 500,000.00 500,000.00 499,990.00 04/09/24 Federal Home Loan Bank 3130805P5 5.250% 500,000 01/08/27 500,000.00 500,000.00 500,000.00 500,000.00 500,020.00 04/10/24 Federal Home Loan Bank 3130BOUOO 5.000% 500,000 04/15/27 500,000.00 500,000.00 500,000.00 500,000.00 501,815.00 04/16/24 Federal Home Loan Bank 313080YF0 5.250% 300,000 04/22/26 300,000.00 300,000.00 300,000.00 300,000.00 300,687.00 04/22/24 Federal Home Loan Bank 3130B13F2 4.910% 450,000 11/27/26 450,355.40 (20.07) 450,335.33 450,335.33 450,335.33 455,278.50 11/17/21 Federal Farm Credit Bank 3133ENEM8 1.430% 200,000 11/23/26 200,000.00 200,000.00 200,000.00 200,000.00 189,350.00 12/27/23 Federal Farm Credit Bank 3133EPT21 4.625% 400,000 01/27/25 399,855.89 95.79 399,951.68 399,951.68 399,951.68 400,052.00 12/12/23 Federal Home Loan Bank 3130AY5A0 5.140% 12/18/25 300,000.00 300,000.00 300,000.00 12/14/23 Federal Home Loan Bank 3130AYS25 5.000% 12/18/26 500,000.00 500,000.00 500,000.00 12/18/23 Federal Home Loan Bank 3130AY7M2 5.000% 12/18/26 300,000.00 300,000.00 300,000.00 12/20/24 Federal Home Loan Bank 3130B45M9 4.550% 300,000 09/12/28 3.48 3.48 299,010.00 299,013.48 299,013.48 299,151.00 03/26/24 FNMA 3135GAOM6 5.150% 500,000 03/26/27 500,000.00 500,000.00 500,000.00 500,000.00 500,185.00 04/11/24 FHLMC MTN 3134HlYX5 5.050% 450,000 03/26/26 448,984.23 442.54 449,426.77 449,426.77 449,426.77 450,225.00 04/15/24 FHLMC MTN 3134HlE41 5.300% 500,000 10/08/27 500,000.00 500,000.00 500,000.00 500,000.00 500,795.00 12/20/24 FHLMC MTN 3134HAS61 4.500% 400,000 12/17/27 399,960.00 399,960.00 399,960.00 399,584.00 15,500,000.00 15,589,155.53 1 531.47 15,590,687.00 1,198,970.00 1,300,000.00 15,489,657.00 13,392,371.60 2,097,285.40 15,369,319.50 Attachment A Agenda Item #3a January 22, 20251 Meeting Date: January 22, 2025 Agenda Item #3a Informational Item Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Legislative Advocacy Update RECOMMENDATION This agenda item is for informational purposes only, no action required. BACKGROUND / ANALYSIS During the 2024 legislative session, staff and legislative advocates were actively monitoring a number of bills that with a high potential to impact East Valley Water District’s (District) operations. The legislative agenda encompassed a wide range of water-related subjects, including water infrastructure funding (bond measure) and low income rate assistance to water management planning and sewer service management. Staff monitored over a hundred unique pieces of legislation including the following: • AB 460: Water rights and usage (stalled) •AB 805: Sewer Service Disadvantaged Communities (stalled) •AB 1567: Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, Clean Energy, and Workforce Development Bond Act of 2024. (Passed) In collaboration with California Municipal Utilities Association (CMUA), Association of California Water Agencies (ACWA), California Special Districts Association (CSDA), and WateReuse, District staff actively engaged in working groups, advocating the District's adopted positions based upon the Legislative Platform. This proactive involvement in the legislative process will continue into 2025, as staff remains committed to monitor and advocate positions relevant to the District and ratepayers. DISTRICT PILLARS AND STRATEGIES V - Community Engagement, Advocacy, and Leadership c. Enhance Legislative Advocacy to Promote Water Security and Sustainability Agenda Item #3a January 22, 20252 Meeting Date: January 22, 2025 Agenda Item #3a Informational Item REVIEW BY OTHERS This agenda item has been reviewed by Public Affairs and General Administration. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ William Ringland Public Affairs/Conservation Manager ATTACHMENTS Presentation January 22, 2025 LEGISLATIVE UPDATE RESOLUTE 2 •SB 1255 (Durazo) - Water Rate Assistance Program - Held in Assembly Appropriations •SB 366 (Caballero) – Vetoed “A revision to the (California Water) Plan of this magnitude, that creates such significant costs, must be considered in the context of the annual budget.” Legislative Session Recap - 2024 3 •Senate - 11 open seats filled •Notable departures include: Atkins, Skinner, Dodd •Assembly - 22 open seats filled •Notable departures include: Rendon, Friedman, Garcia •Senate Leadership: •McGuire termed out in 2026 2024 - LAST BIG WAVE OF TURNOVER 4 Senate Breakdown SD 02 - Mike McGuire SD 03 – Christopher Cabaldon SD 05 – Jerry McNerney SD 07 – Jesse Arreguin SD 08 – Angelique Ashby SD 09 – Tim Grayson SD 10 – Aisha Wahab SD 11 – Scott Wiener SD 13 – Josh Becker SD 14 – Anna Caballero SD 15 – Dave Cortese SD 16 – Melissa Hurtado SD 17 – John Laird SD 18 – Steve Padilla SD 20 – Caroline Menjivar SD 21 – Monique Limon SD 22 – Susan Rubio SD 24 – Ben Allen SD 25 – Sasha Renee Perez SD 26 – Maria Elena Durazo SD 27 – Henry Stern SD 28 – Lola Smallwood-Cuevas SD 29 – Eloise Reyes SD 30 – Bob Archuleta SD 31 – Sabrina Cervantes SD 33 – Lena Gonzalez SD 34 – Tom Umberg SD 35 – Laura Richardson SD 38 – Catherine Blakespear SD 39 – Akilah Weber Pierson SD 01 – Megan Dahle SD 04 – Marie Alvarado-Gil SD 06 – Roger Niello SD 12 – Shannon Grove SD 19 – Rosilicie Ochoa Bogh SD 23 – Suzette Valladares SD 32 – Kelly Seyarto SD 37 – Steve Choi SD 40 – Brian Jones SD 36 – VACANT 30 – Democratic 9 – Republican 1 – Vacant 5 ASSEMBLY BREAKDOWN AD 02 – Chris Rogers AD 04 – Cecilia Aguiar-Curry AD 06 – Maggy Krell AD 10 – Stephanie Nguyen AD 11 – Lori Wilson AD 12 – Damon Connolly AD 13 – Rhodesia Ransom AD 14 – Buffy Wicks AD 15 – Anamaria Avila-Farias AD 16 – Rebecca Bauer-Kahan AD 17 – Matt Haney AD 18 – Mia Bonta AD 19 – Catherine Stefani AD 20 – Liz Ortega AD 21 – Diana Papan Ad 23 – Marc Berman AD 24 – Alex Lee AD 25 – Ash Kalra Ad 26 – Patrick Ahrens AD 27 – Esmeralda Soria AD 28 – Gail Pellerin AD 29 – Robert Rivas AD 30 – Dawn Addis AD 31 – Joaquin Arambula AD 35 – Jasmeet Bains AD 37 – Gregg Hart AD 38 – Steve Bennett AD 39 – Juan Carrillo AD 40 – Pilar Schiavo AD 41 – John Harabedian AD 42 – Jacqui Irwin AD 43 – Celeste Rodriguez AD 44 – Nick Schultz AD 45 – James Ramos AD 46 – Jesse Gabriel AD 48 – Blanca Rubio AD 49 – Mike Fong AD 50 – Robert Garcia AD 51 – Rick Chavez Zbur AD 52 – Jessica Caloza AD 53 – Michelle Rodriguez AD 54 – Mark Gonzalez AD 55 – Isaac Bryan AD 56 – Lisa Calderon AD 57 – Sade Elhawary AD 60 – Corey Jackson AD 61 – Tina McKinnor AD 62 – Jose Luis Solache AD 64 – Blanca Pacheco AD 65 – Mike Gipson AD 66 – Al Muratuschi AD 67 – Sharon Quirk-Silva AD 68 – Avelino Valencia AD 69 – Josh Lowenthal AD 73 – Cottie Petrie-Norris AD 76 – Darshana Patel AD 77 – Tasha Boerner AD 78 – Chris Ward AD 79 – LaShae Sharp-Collins AD 80 – David Alvarez AD 01 – Heather Hadwick AD 03 – James Gallagher AD 05 – Joe Patterson AD 07 – Josh Hoover AD 08 – David Tangipa AD 09 – Heath Flora AD 22 – Juan Alanis AD 33 – Alexandra Macedo AD 34 – Tom Lackey AD 36 – Jeff Gonzalez AD 47 – Greg Wallis AD 59 – Phillip Chen AD 63 – Bill Essayli AD 70 – Tri Ta AD 71 – Kate Sanchez AD 72 – Diane Dixon AD 74 – Laurie Davies Ad 75 – Carl DeMaio AD 58 – Leticia Castillo AD 32 - VACANT 60 – Democrat 19 – Republican 1 - Vacant 6 EVWD DELEGATION Assemblymember Greg Wallis (R) Senator Eloise Reyes (D) New Senator Ochoa Bogh (R) Shifted Assemblymember James Ramos (D) Assemblymember Tom Lackey (R) 7 SENATE DISTRICT 29 - REYES 8 SENATE DISTRICT 19 - OCHOA BOGH 9 •Limon, Monique (Chair) •Seyarto, Kelly (Vice-Chair) •Allen, Benjamin •Grove, Shannon •Hurtado, Melissa •Laird, John •Stern, Henry SENATE NATURAL RESOURCES & WATER COMMITTEE 10 •Papan, Diane (Chair) •Gonzalez, Jeff (Vice Chair) SENATE NATURAL RESOURCES & WATER COMMITTEE *Release of full membership pending when staff report was developed 11 •$10 billion bond •Chapter 2 - Safe Drinking Water, Drought, Flood and Water Resilience $3.8 billion, including: •$610 million to SWRCB for improving water quality •$386.25 million DWR for groundwater storage/banking/recharge •$386.25 million for water recycling PROPOSITION 4 PASSES -LEGISLATIVE APPROPRIATIONS PENDING 12 •After 2 years of shortfalls, Governor Newsom has proposed a $322 billion budget without a deficit •Noted possibility of Trump administration pullback of billions of dollars •Could impact budget •Special session to allocate $25 million to AG’s office in anticipation of court battles with Trump administration •Overall, Governor’s office estimates tax revenues are $16.5 billion above projections •Booming stock market •Income growth for high-income Californians 2025 CALIFORNIA BUDGET FORECAST 13 •Low Income Rate Assistance - CMUA proposal vs. anticipated LIRA advocates’ proposal •SB 366 Part 2 (CMUA effort) •Bay-Delta Plan Update - Water World Concerns LOOKING AHEAD TO 2025 ISSUES QUESTIONS? Agenda Item #3b January 22, 20251 Meeting Date: January 22, 2025 Agenda Item #3b Informational Item 1 3 2 4 Regular Board Meeting TO: Governing Board Members FROM: Legal Counsel SUBJECT: Brown Act Update RECOMMENDATION This agenda item is for informational purposes only, no action required. DISTRICT PILLARS AND STRATEGIES I - Effective Solutions c. Maximize Internal Capabilities through Ongoing Professional Development III - Organizational Resiliency d. Embrace an Environment of Active Learning and Knowledge Sharing REVIEW BY OTHERS This agenda item has been reviewed by Legal Counsel. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: Jean Cihigoyenetche ________________ Jean Cihigoyenetche Legal Counsel ATTACHMENTS Brown Act Update Presentation Agenda Item #4a January 22, 20251 Meeting Date: January 22, 2025 Agenda Item #4a Discussion Item Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Community Advisory Commission Appointment RECOMMENDATION That the Board of Directors appoint three new members to the Community Advisory Commission. BACKGROUND / ANALYSIS The Community Advisory Commission (Commission) is a group of customers appointed by the Board of Directors to be provided with a detailed look at District operations and functions, while given the opportunity to voice their input on various East Valley Water District (District) projects and programs. The Commission meets quarterly and currently includes seven (7) volunteer customers. In 2020, the Governing Board took action to implement both term limits and expand the capacity of the Commission to a maximum of seven (7) members. Three members recently reached their term limit and the Commission has vacancies starting January 1, 2025. Staff are recommending the appointments that would bring the total Commission back to seven (7) members. The District has selected three customers who have applied to be on the Community Advisory Commission through a competitive community recruitment effort. 1. Byanka Velasco 2. De La Cruz Cesar 3. Jeannie Lindberg DISTRICT PILLARS AND STRATEGIES III - Organizational Resiliency c. Provide Exceptional Customer Service d. Embrace an Environment of Active Learning and Knowledge Sharing V - Community Engagement, Advocacy, and Leadership a. Utilize Effective Communication Methods to Foster Exceptional Community Relations Agenda Item #4a January 22, 20252 Meeting Date: January 22, 2025 Agenda Item #4a Discussion Item REVIEW BY OTHERS This agenda item has been reviewed by Public Affairs and General Administration. FISCAL IMPACT There is no fiscal impact associated with this agenda item. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ William Ringland Public Affairs/Conservation Manager ATTACHMENTS No Attachments Agenda Item #4b January 22, 20251 Meeting Date: January 22, 2025 Agenda Item #4b Discussion Item 1 3 0 9 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Approval of Grant Monitoring, Application Assistance, and Grant Management Support Services Agreement RECOMMENDATION That the Board of Directors authorize the General Manager/CEO to enter into a five-year on-call agreement with Arcadis U.S. Inc. and Harris & Associates for a contract not-to-exceed $500,000 each over the five-year period. BACKGROUND / ANALYSIS East Valley Water District (District) pursues federal and state funding opportunities. Outside funding opportunities allow the District to establish new programs and enhance existing services while reducing the cost impact to customers. To assist with the grant monitoring, reporting and submission of funding opportunities, an open and competitive Request for Proposals (RFP) was issued to identify qualified consultants who would support the District’s efforts in securing alternative funding sources. Twenty-one vendors were notified of this solicitation, and seven organizations downloaded the bid package. A total of three proposals were received and reviewed by an evaluation panel in response to the RFP. The evaluation panel selected Arcadis U.S. Inc. and Harris & Associates. Both consultants demonstrated their ability to meet the District’s needs and have demonstrated the necessary qualifications and capabilities to assist with successful grant submissions, monitoring of funding channels and required post-award reporting requirements. With approval from the Board, the District seeks to enter a $100,000 one-year base contract with four one-year optional extensions with Arcadis U.S., Inc. and Harris and Associates. Each extension will allow up to $100,000 per year for a total not-to-exceed contract value of $500,000. Consultants will be contracted on a purchase order basis for specific projects and tasks identified by District’s needs on an on-call basis. Approval of contract agreements provides the District with the ability to pursue funding opportunities, submit the required grant reports and expand funding sources to help offset the financial burden on the District’s ratepayers. DISTRICT PILLARS AND STRATEGIES II - Sustainability, Transparency, and Accountability Agenda Item #4b January 22, 20252 Meeting Date: January 22, 2025 Agenda Item #4b Discussion Item 1 3 0 9 c. Pursue External Beneficial Funding Sources REVIEW BY OTHERS This agenda item has been reviewed by Public Affairs and Administration. FISCAL IMPACT This item is funded in the current fiscal year budget. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ William Ringland Public Affairs/Conservation Manager ATTACHMENTS Arcadis US Contract Agreement 2025 & Exhibit A Harris & Associates Contract Agreement 2025 & Exhibit A AGREEMENT NO 2025.01 EAST VALLEY WATER DISTRICT FOR FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this 22 day of January 2025, 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 Arcadis US, (hereinafter referred to as “CONSULTANT”). RECITALS WHEREAS, the DISTRICT desires to contract with CONSULTANT to provide design professional services for grant monitoring, application assistance, and grant management support (hereinafter referred to as “Project”); and WHEREAS, CONSULTANT is willing to contract with the DISTRICT to provide such services; and WHEREAS, CONSULTANT 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 CONSULTANT 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 CONSULTANT AND AUTHORIZATION TO PROCEED 1.1 ENGAGEMENT: The DISTRICT hereby engages CONSULTANT, and CONSULTANT hereby accepts the engagement, to perform certain design professional services described in Section 2.1 of 2 this Agreement for the term set forth in Section 6.7 of this Agreement. 1.2 AUTHORIZATION TO PROCEED: Authorization for CONSULTANT 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 DISTRICT. CONSULTANT 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: CONSULTANT shall perform the services provided for herein as an independent contractor, and not as an employee of the DISTRICT. The DISTRICT shall have ultimate control over the work performed for the Project. CONSULTANT 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. CONSULTANT 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 CONSULTANT or any employee of CONSULTANT for work performed under this Agreement. ARTICLE II SERVICES OF CONSULTANT 2.1 SCOPE OF SERVICES: The scope of design professional services to be performed by the CONSULTANT under this Agreement are described in the Scope of Work attached hereto as Exhibit “A” and incorporated herein by this reference (“Scope of Work”), and shall, where not specifically addressed, include all related services ordinarily provided by the CONSULTANT 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 DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE: This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract 3 for public work, as defined by the California Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the California Labor Code. 2.3 PREVAILING WAGES: In accordance with the provisions of the California Labor Code, CONSULTANT shall secure the payment of compensation to employees. To the extent required by the California Labor Code, CONSULTANT shall pay not less than the prevailing rate of per diem wages as determined by the Director, Department of Industrial Relations, and State of California. Copies of such prevailing rate of per diem wages are on file at the DISTRICT’s office, which copies will be made available to any interested party upon request. CONSULTANT shall post a copy of such determination at each job site. If applicable, CONSULTANT shall forfeit to the DISTRICT the amount of the penalty set forth in Labor Code Section 1777.7(b), or any subsequent amendments thereto, for each calendar day, or portion thereof, for each worker paid less than the specified prevailing rates for such work or craft in which such worker is employed, whether paid by CONSULTANT or by any subcontractor. 2.4 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 CONSULTANT. CONSULTANT shall comply with all applicable provisions of the California Labor Code relating to working hours and the employment of apprentices on public works projects. CONSULTANT shall, as a penalty to the DISTRICT, forfeit $25.00 for each worker employed in the execution of this Agreement by CONSULTANT 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. 4 ARTICLE III RESPONSIBILITIES OF THE DISTRICT AND OF CONSULTANT 3.1 DUTIES OF THE DISTRICT: The DISTRICT, without cost to CONSULTANT, will provide all pertinent information necessary for CONSULTANT’s performance of its obligations under this Agreement that is reasonably available to the DISTRICT unless otherwise specified in the Scope of Work, in which case the CONSULTANT 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 _______________________ 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 CONSULTANT of the change in writing. 3.3 DUTIES OF CONSULTANT: CONSULTANT 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 CONSULTANT pursuant to this Agreement. The CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT or its subcontractors. CONSULTANT’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 5 this Agreement also applies to the actions or omissions of the CONSULTANT or its subcontractors as set forth above in this paragraph. ARTICLE IV PAYMENTS TO CONSULTANT 4.1 PAYMENT: The DISTRICT will pay CONSULTANT for work performed under this Agreement, which work can be verified by the DISTRICT, on the basis of the following: CONSULTANT 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 CONSULTANT 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 thereunder. Adjustments in the total payment amount shall only be allowed pursuant to Section 6.4 of this Agreement. In no event shall CONSULTANT 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 CONSULTANT or any subcontractor performing work on the Project. 4.2 PAYMENT TO CONSULTANT: Payment will be made by the DISTRICT within thirty (30) calendar days after receipt of an invoice from CONSULTANT, provided that all invoices are complete and product and services are determined to be of sufficient quality by the DISTRICT. CONSULTANT shall invoice DISTRICT monthly for services performed under this Agreement. In the event that a payment dispute arises between the parties, CONSULTANT shall provide to the DISTRICT full and complete access to CONSULTANT’s labor cost records and other direct cost data, and copies thereof if requested by the DISTRICT. 4.3 ESTIMATED CHARGES: The total estimated charges for all work under this Agreement are $100,000 one-year base contract with four one-year optional extensions. Each extension will allow $100,000 for a total not-to-exceed contract value of $500,000. 4.4 COST FOR REWORK: CONSULTANT shall, at no cost to the DISTRICT, prepare any necessary rework occasioned by CONSULTANT’s negligent act or omission or otherwise due substantially to CONSULTANT’s fault. 6 ARTICLE V COMPLETION SCHEDULE 5.1 TASK SCHEDULE: The work is anticipated to be completed in accordance with the schedule contained in the Scope of Work. Agreement for on-call services will be in place for one year with four one-year optional extensions as allowable by the District’s Purchasing Policy. 5.2 TIME OF ESSENCE: CONSULTANT 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: CONSULTANT 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 CONSULTANTS: No subcontract shall be awarded by CONSULTANT if not identified as a subcontractor in its Proposal unless prior written approval is obtained from the DISTRICT. CONSULTANT shall be responsible for payment to subcontractors used by them to perform the services under this Agreement. If CONSULTANT subcontracts any of the work to be performed, CONSULTANT shall be as fully responsible to the DISTRICT for the performance of the work, including errors and omissions of CONSULTANT’s subcontractors and of the persons employed by the subcontractor, as CONSULTANT is for the acts and omissions of persons directly employed by the CONSULTANT. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor of CONSULTANT and the DISTRICT. CONSULTANT shall bind every subcontractor and every subcontractor of a subcontractor to the terms of this Agreement that are applicable to CONSULTANT’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the DISTRICT. 6.3 INSURANCE: CONSULTANT 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 CONSULTANT. The failure to comply with these insurance 7 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, CONSULTANT 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 CONSULTANT 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 CONSULTANT’s insurance. (2) Additional Insured: The policies of insurance provided by CONSULTANT, except Workers' Compensation and Professional Liability, shall include as additional insureds: the DISTRICT, its directors, officers, employees, and agents when acting in their capacity 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- payment of premium) or materially changed without first giving thirty (30) days advance written notice to the DISTRICT, or ten (10) days advance written notice in the event of cancellation due to non-payment of premium. (4) Waiver of Subrogation: The insurance policies provided by CONSULTANT 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 CONSULTANT. 8 (5) Claim Reporting: CONSULTANT 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 CONSULTANT 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. CONSULTANT shall be solely responsible for any such deductible or self-insured retention and the DISTRICT, in its sole discretion, may require CONSULTANT 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) Consultant’s Subcontractors: CONSULTANT 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 CONSULTANT under this Agreement. (c) Insurance Company Requirements: CONSULTANT 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 Insurance. (d) Policy Requirements: The insurance required under this Agreement shall meet or exceed the minimum requirements as set forth below: (1) Workers' Compensation: CONSULTANT shall maintain Workers' Compensation insurance as required by law in the State of California to cover CONSULTANT’s obligations as imposed by federal and state law having jurisdiction over CONSULTANT’s employees and Employers' Liability insurance, including disease coverage, of not less than $1,000,000. 9 (2) General Liability: CONSULTANT 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: CONSULTANT 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) Professional Liability: CONSULTANT shall maintain Professional Liability insurance covering errors and omissions arising out of the services performed by the CONSULTANT or any person employed by him, with a limit of not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate. In the event the 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. (5) 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 CONSULTANT under this Agreement. 6.4 CHANGES IN SCOPE OR TIME: If the DISTRICT requests a change in the Scope of Work or time of completion by either adding to or deleting from the original scope or time of completion, an equitable adjustment shall be made and this Agreement shall be modified in writing accordingly. CONSULTANT must assert any claim for adjustment under this clause in writing within thirty (30) calendar days from the date of receipt from CONSULTANT of the notification of change unless the DISTRICT grants a further period of time before the date of final payment under this Agreement. 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 10 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 31111 Greenspot Road Highland, CA 92346 Attn: General Manager/CEO To CONSULTANT:Arcadis U.S. Inc. 18401 Von Karman Ave., Ste 300 Irvine, CA 92612 Attn: Peter Tymkiw 6.6 CONSULTANT’S ASSIGNED PERSONNEL: CONSULTANT designates ____________________ 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, CONSULTANT shall substitute with a person acceptable to the DISTRICT. 6.7 TERMINATION: (a) If the engagement of CONSULTANT is not extended by the mutual written consent of the DISTRICT and CONSULTANT, then this Agreement shall expire on the latest date set forth in the schedule contained in the Scope of Work for completion of tasks for the Project. (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 CONSULTANT. CONSULTANT 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 the CONSULTANT. (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 CONSULTANT shall be to receive payment for all amounts due and not previously paid to CONSULTANT 11 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 CONSULTANT. Such payments available to the CONSULTANT 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 CONSULTANT 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) CONSULTANT 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, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s subcontractors, 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) CONSULTANT 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 any infringement or alleged infringement of any patent, copyright or trademark and arising out of the use of any equipment or materials furnished under this Agreement by the CONSULTANT or CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and 12 assigns, or out of the processes or actions employed by, or on behalf of, the CONSULTANT or CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, in connection with the performance of services under this Agreement. CONSULTANT shall have the right, in order to avoid such claims or actions, to substitute at its expense non-infringing equipment, materials or processes, or to modify at its expense such infringing equipment, materials, and processes so they become non-infringing, provided that such substituted and modified equipment, materials, and processes shall meet all the requirements and be subject to all the provisions of this Agreement. (c) CONSULTANT 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 any breach by CONSULTANT or CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, of the aforesaid obligations and covenants, and any other provision or covenant of this Agreement. (d) It is the intent of the parties to this Agreement that the defense, indemnity, and hold harmless obligation of CONSULTANT 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: CONSULTANT 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) CONSULTANT 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, CONSULTANT’s employees, and third persons. All work shall be performed entirely at CONSULTANT’s risk. CONSULTANT shall comply with the insurance requirements set forth in Section 6.3 of this Agreement. (b) CONSULTANT shall also furnish the DISTRICT with a copy of any injury prevention program established for the CONSULTANT’s employees pursuant to Labor Code Section 13 6401.7, including any necessary documentation regarding implementation of the program. CONSULTANT 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. CONSULTANT 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. 6.11 EXAMINATION OF RECORDS: All original drawings, specifications, reports, calculations, and other documents or electronic data developed by CONSULTANT for the Project shall be furnished to and become the property of the DISTRICT. CONSULTANT 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 OWNERSHIP OF SOFTWARE: (a) Subject to payment of all compensation due under this Agreement and all other terms and conditions herein, CONSULTANT hereby grants DISTRICT a nonexclusive, transferable, royalty-free license to use the Software furnished to DISTRICT by CONSULTANT under this Agreement. The license granted herein shall authorize DISTRICT to: (1) Install the Software on computer systems owned, leased or otherwise controlled by DISTRICT; (2) Utilize the Software for its internal data-processing purposes; and (3) Copy the Software and distribute as desired to exercise the rights granted herein. (b) CONSULTANT retains its entire right, title and interest in the Software developed under this Agreement. DISTRICT acknowledges that CONSULTANT owns or holds a license to use and sublicense various pre-existing development tools, routines, subroutines and other programs, data and materials that CONSULTANT may include in the Software developed under this Agreement. This material shall be referred to hereafter as “Background Technology.” (c) DISTRICT agrees that CONSULTANT shall retain any and all rights CONSULTANT may have in the Background Technology. CONSULTANT grants DISTRICT an unrestricted, nonexclusive, perpetual, fully paid-up worldwide license to use the Background Technology in the Software developed and delivered to DISTRICT under this Agreement, 14 and all updates and revisions thereto. However, DISTRICT shall make no other commercial use of the Background Technology without CONSULTANT’s written consent. 6.13 INTEGRATION AND AMENDMENT: This Agreement contains the entire understanding between the DISTRICT and CONSULTANT as to those matters contained herein. No other representations, covenants, undertakings or other prior or contemporaneous agreements, oral or written, respecting those matters, which are not specifically incorporated herein, may be deemed in any way to exist or to bind any of the parties hereto. Each party acknowledges that it has not executed this Agreement in reliance on any promise, representation or warranty not set forth herein. This Agreement may not be amended except by a writing signed by all parties hereto. 6.14 ASSIGNMENT: Neither party shall assign 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. 6.15 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. 6.16 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. 6.17 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. 6.18 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. 15 6.19 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CONSULTANT DISTRICT By: _____________________________ By:_____________________________ (Print Name and Title) _____________________________ Michael Moore, General Manager/ CEO Arcadis U.S., Inc. East Valley Water District 16 Exhibit A AGREEMENT NO 2025.02 EAST VALLEY WATER DISTRICT FOR FOR PROFESSIONAL SERVICES THIS AGREEMENT is made 22 day of January 2025, 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 Harris & Associates (hereinafter referred to as “CONSULTANT”). RECITALS WHEREAS, the DISTRICT desires to contract with CONSULTANT to provide design professional services for grant monitoring, application assistance, and grant management support (hereinafter referred to as “Project”); and WHEREAS, CONSULTANT is willing to contract with the DISTRICT to provide such services; and WHEREAS, CONSULTANT 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 CONSULTANT 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 CONSULTANT AND AUTHORIZATION TO PROCEED 1.1 ENGAGEMENT: The DISTRICT hereby engages CONSULTANT, and CONSULTANT hereby accepts the engagement, to perform certain design professional services described in Section 2.1 of 2 this Agreement for the term set forth in Section 6.7 of this Agreement. 1.2 AUTHORIZATION TO PROCEED: Authorization for CONSULTANT 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 DISTRICT. CONSULTANT 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: CONSULTANT shall perform the services provided for herein as an independent contractor, and not as an employee of the DISTRICT. The DISTRICT shall have ultimate control over the work performed for the Project. CONSULTANT 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. CONSULTANT 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 CONSULTANT or any employee of CONSULTANT for work performed under this Agreement. ARTICLE II SERVICES OF CONSULTANT 2.1 SCOPE OF SERVICES: The scope of design professional services to be performed by the CONSULTANT under this Agreement are described in the Scope of Work attached hereto as Exhibit “A” and incorporated herein by this reference (“Scope of Work”), and shall, where not specifically addressed, include all related services ordinarily provided by the CONSULTANT 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 DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE: This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract 3 for public work, as defined by the California Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the California Labor Code. 2.3 PREVAILING WAGES: In accordance with the provisions of the California Labor Code, CONSULTANT shall secure the payment of compensation to employees. To the extent required by the California Labor Code, CONSULTANT shall pay not less than the prevailing rate of per diem wages as determined by the Director, Department of Industrial Relations, and State of California. Copies of such prevailing rate of per diem wages are on file at the DISTRICT’s office, which copies will be made available to any interested party upon request. CONSULTANT shall post a copy of such determination at each job site. If applicable, CONSULTANT shall forfeit to the DISTRICT the amount of the penalty set forth in Labor Code Section 1777.7(b), or any subsequent amendments thereto, for each calendar day, or portion thereof, for each worker paid less than the specified prevailing rates for such work or craft in which such worker is employed, whether paid by CONSULTANT or by any subcontractor. 2.4 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 CONSULTANT. CONSULTANT shall comply with all applicable provisions of the California Labor Code relating to working hours and the employment of apprentices on public works projects. CONSULTANT shall, as a penalty to the DISTRICT, forfeit $25.00 for each worker employed in the execution of this Agreement by CONSULTANT 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. 4 ARTICLE III RESPONSIBILITIES OF THE DISTRICT AND OF CONSULTANT 3.1 DUTIES OF THE DISTRICT: The DISTRICT, without cost to CONSULTANT, will provide all pertinent information necessary for CONSULTANT’s performance of its obligations under this Agreement that is reasonably available to the DISTRICT unless otherwise specified in the Scope of Work, in which case the CONSULTANT 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 _______________________ 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 CONSULTANT of the change in writing. 3.3 DUTIES OF CONSULTANT: CONSULTANT 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 CONSULTANT pursuant to this Agreement. The CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT or its subcontractors. CONSULTANT’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 5 this Agreement also applies to the actions or omissions of the CONSULTANT or its subcontractors as set forth above in this paragraph. ARTICLE IV PAYMENTS TO CONSULTANT 4.1 PAYMENT: The DISTRICT will pay CONSULTANT for work performed under this Agreement, which work can be verified by the DISTRICT, on the basis of the following: CONSULTANT 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 CONSULTANT 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 thereunder. Adjustments in the total payment amount shall only be allowed pursuant to Section 6.4 of this Agreement. In no event shall CONSULTANT 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 CONSULTANT or any subcontractor performing work on the Project. 4.2 PAYMENT TO CONSULTANT: Payment will be made by the DISTRICT within thirty (30) calendar days after receipt of an invoice from CONSULTANT, provided that all invoices are complete and product and services are determined to be of sufficient quality by the DISTRICT. CONSULTANT shall invoice DISTRICT monthly for services performed under this Agreement. In the event that a payment dispute arises between the parties, CONSULTANT shall provide to the DISTRICT full and complete access to CONSULTANT’s labor cost records and other direct cost data, and copies thereof if requested by the DISTRICT. 4.3 ESTIMATED CHARGES: The total estimated charges for all work under this Agreement are $100,000 one-year base contract with four on-year optional extensions. Each extension will allow $100,000 for a total not-to-exceed contract value of $500,000. 4.4 COST FOR REWORK: CONSULTANT shall, at no cost to the DISTRICT, prepare any necessary rework occasioned by CONSULTANT’s negligent act or omission or otherwise due substantially to CONSULTANT’s fault. 6 ARTICLE V COMPLETION SCHEDULE 5.1 TASK SCHEDULE: The work is anticipated to be completed in accordance with the schedule contained in the Scope of Work. Agreement for on-call services will be in place for one year with four one-year optional extensions as allowable by the District’s Purchasing Policy 5.2 TIME OF ESSENCE: CONSULTANT 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: CONSULTANT 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 CONSULTANTS: No subcontract shall be awarded by CONSULTANT if not identified as a subcontractor in its Proposal unless prior written approval is obtained from the DISTRICT. CONSULTANT shall be responsible for payment to subcontractors used by them to perform the services under this Agreement. If CONSULTANT subcontracts any of the work to be performed, CONSULTANT shall be as fully responsible to the DISTRICT for the performance of the work, including errors and omissions of CONSULTANT’s subcontractors and of the persons employed by the subcontractor, as CONSULTANT is for the acts and omissions of persons directly employed by the CONSULTANT. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor of CONSULTANT and the DISTRICT. CONSULTANT shall bind every subcontractor and every subcontractor of a subcontractor to the terms of this Agreement that are applicable to CONSULTANT’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the DISTRICT. 6.3 INSURANCE: CONSULTANT 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 CONSULTANT. The failure to comply with these insurance 7 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, CONSULTANT 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 CONSULTANT 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 CONSULTANT’s insurance. (2) Additional Insured: The policies of insurance provided by CONSULTANT, except Workers' Compensation and Professional Liability, shall include as additional insureds: the DISTRICT, its directors, officers, employees, and agents when acting in their capacity 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- payment of premium) or materially changed without first giving thirty (30) days advance written notice to the DISTRICT, or ten (10) days advance written notice in the event of cancellation due to non-payment of premium. (4) Waiver of Subrogation: The insurance policies provided by CONSULTANT 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 CONSULTANT. 8 (5) Claim Reporting: CONSULTANT 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 CONSULTANT 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. CONSULTANT shall be solely responsible for any such deductible or self-insured retention and the DISTRICT, in its sole discretion, may require CONSULTANT 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) Consultant’s Subcontractors: CONSULTANT 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 CONSULTANT under this Agreement. (c) Insurance Company Requirements: CONSULTANT 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 Insurance. (d) Policy Requirements: The insurance required under this Agreement shall meet or exceed the minimum requirements as set forth below: (1) Workers' Compensation: CONSULTANT shall maintain Workers' Compensation insurance as required by law in the State of California to cover CONSULTANT’s obligations as imposed by federal and state law having jurisdiction over CONSULTANT’s employees and Employers' Liability insurance, including disease coverage, of not less than $1,000,000. 9 (2) General Liability: CONSULTANT 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: CONSULTANT 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) Professional Liability: CONSULTANT shall maintain Professional Liability insurance covering errors and omissions arising out of the services performed by the CONSULTANT or any person employed by him, with a limit of not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate. In the event the 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. (5) 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 CONSULTANT under this Agreement. 6.4 CHANGES IN SCOPE OR TIME: If the DISTRICT requests a change in the Scope of Work or time of completion by either adding to or deleting from the original scope or time of completion, an equitable adjustment shall be made and this Agreement shall be modified in writing accordingly. CONSULTANT must assert any claim for adjustment under this clause in writing within thirty (30) calendar days from the date of receipt from CONSULTANT of the notification of change unless the DISTRICT grants a further period of time before the date of final payment under this Agreement. 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 10 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 31111 Greenspot Road Highland, CA 92346 Attn: General Manager/CEO To CONSULTANT:Harris and Associates, Inc. One California Plaza, 300 S Grand Ave Suite 3830 Los Angeles, CA 90071 Attn: Ann Hajnosz 6.6 CONSULTANT’S ASSIGNED PERSONNEL: CONSULTANT designates ____________________ 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, CONSULTANT shall substitute with a person acceptable to the DISTRICT. 6.7 TERMINATION: (a) If the engagement of CONSULTANT is not extended by the mutual written consent of the DISTRICT and CONSULTANT, then this Agreement shall expire on the latest date set forth in the schedule contained in the Scope of Work for completion of tasks for the Project. (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 CONSULTANT. CONSULTANT 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 the CONSULTANT. (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 CONSULTANT 11 shall be to receive payment for all amounts due and not previously paid to CONSULTANT 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 CONSULTANT. Such payments available to the CONSULTANT 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 CONSULTANT 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) CONSULTANT 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, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s subcontractors, 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) CONSULTANT 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 any infringement or alleged infringement of any patent, copyright or trademark and arising out of the use of any equipment or materials furnished under this Agreement by the CONSULTANT or CONSULTANT’s 12 subcontractors, including their respective directors, officers, employees, agents and assigns, or out of the processes or actions employed by, or on behalf of, the CONSULTANT or CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, in connection with the performance of services under this Agreement. CONSULTANT shall have the right, in order to avoid such claims or actions, to substitute at its expense non-infringing equipment, materials or processes, or to modify at its expense such infringing equipment, materials, and processes so they become non-infringing, provided that such substituted and modified equipment, materials, and processes shall meet all the requirements and be subject to all the provisions of this Agreement. (c) CONSULTANT 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 any breach by CONSULTANT or CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, of the aforesaid obligations and covenants, and any other provision or covenant of this Agreement. (d) It is the intent of the parties to this Agreement that the defense, indemnity, and hold harmless obligation of CONSULTANT 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: CONSULTANT 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) CONSULTANT 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, CONSULTANT’s employees, and third persons. All work shall be performed entirely at CONSULTANT’s risk. CONSULTANT shall comply with the insurance requirements set forth in Section 6.3 of this Agreement. 13 (b) CONSULTANT shall also furnish the DISTRICT with a copy of any injury prevention program established for the CONSULTANT’s employees pursuant to Labor Code Section 6401.7, including any necessary documentation regarding implementation of the program. CONSULTANT 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. CONSULTANT 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. 6.11 EXAMINATION OF RECORDS: All original drawings, specifications, reports, calculations, and other documents or electronic data developed by CONSULTANT for the Project shall be furnished to and become the property of the DISTRICT. CONSULTANT 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 OWNERSHIP OF SOFTWARE: (a) Subject to payment of all compensation due under this Agreement and all other terms and conditions herein, CONSULTANT hereby grants DISTRICT a nonexclusive, transferable, royalty-free license to use the Software furnished to DISTRICT by CONSULTANT under this Agreement. The license granted herein shall authorize DISTRICT to: (1) Install the Software on computer systems owned, leased or otherwise controlled by DISTRICT; (2) Utilize the Software for its internal data-processing purposes; and (3) Copy the Software and distribute as desired to exercise the rights granted herein. (b) CONSULTANT retains its entire right, title and interest in the Software developed under this Agreement. DISTRICT acknowledges that CONSULTANT owns or holds a license to use and sublicense various pre-existing development tools, routines, subroutines and other programs, data and materials that CONSULTANT may include in the Software developed under this Agreement. This material shall be referred to hereafter as “Background Technology.” (c) DISTRICT agrees that CONSULTANT shall retain any and all rights CONSULTANT may have in the Background Technology. CONSULTANT grants DISTRICT an unrestricted, 14 nonexclusive, perpetual, fully paid-up worldwide license to use the Background Technology in the Software developed and delivered to DISTRICT under this Agreement, and all updates and revisions thereto. However, DISTRICT shall make no other commercial use of the Background Technology without CONSULTANT’s written consent. 6.13 INTEGRATION AND AMENDMENT: This Agreement contains the entire understanding between the DISTRICT and CONSULTANT as to those matters contained herein. No other representations, covenants, undertakings or other prior or contemporaneous agreements, oral or written, respecting those matters, which are not specifically incorporated herein, may be deemed in any way to exist or to bind any of the parties hereto. Each party acknowledges that it has not executed this Agreement in reliance on any promise, representation or warranty not set forth herein. This Agreement may not be amended except by a writing signed by all parties hereto. 6.14 ASSIGNMENT: Neither party shall assign 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. 6.15 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. 6.16 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. 6.17 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. 6.18 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. 15 6.19 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CONSULTANT DISTRICT By: _____________________________ By:_____________________________ (Print Name and Title) _____________________________ Michael Moore, General Manager/ CEO Harris and Associates East Valley Water District 16 Exhibit A Agenda Item #4c January 22, 20251 Meeting Date: January 22, 2025 Agenda Item #4c Discussion Item 1 3 1 7 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Approval of Amendment No. 1 to the Regulatory Reporting Support Agreement with Trussell Technologies for the Sterling Natural Resource Center (SNRC) RECOMMENDATION That the Board of Directors authorize the General Manager/CEO to execute Amendment No. 1 for the SNRC Regulatory Reporting Support Agreement with Trussell Technologies in the amount of $398,895. BACKGROUND / ANALYSIS The SNRC is regulated to comply with State and Federal requirements for the discharge of recycle water for groundwater recharge. Under the Waste Discharge Requirements and Master Recycling Permit (Order No. R8-2023-0009), the SNRC is required to produce reports on monthly, quarterly, semi-annual, and annual basis to present extensive data on plant performance. The District executed an agreement with Trussell Technologies in February 2024 to provide support on preparing the compliance reports from February 10, 2024 to February 15, 2025 for $99,880. The District is proposing to increase the scope of work, budget and duration of the existing agreement through the end of the fiscal year. The scope of work in the original agreement was based on providing support to District staff for two types of reports to the State. Subsequent to the SNRC startup, the scope of services needed from Trussell Technologies has significantly increased. Staff capabilities, additional reporting requirements and coordination of lab samples with the District’s contract laboratory all required additional support from Trussell Technologies. Through the first year of operation, staff has developed a better understanding of the true level of effort needed to perform monitoring and reporting for the SNRC. This allowed staff to develop an expanded scope of work for the support services to meet the additional regulatory reporting needs and laboratory coordination through the end of the fiscal year. The expanded scope of services will address significantly increased reporting required to address the plant startup and groundwater testing. The additional scope of work and proposed Amendment No. 1 are included in the attachments. District staff is evaluating the level of regulatory compliance assistance needed next fiscal year. Some of the tasks will be managed by District staff and other tasks will be performed by a consultant. A Request for Proposals (RFP) will be issued for a multi-year agreement starting next fiscal year to provide regulatory compliance assistance. The proposed agreement will be Agenda Item #4c January 22, 20252 Meeting Date: January 22, 2025 Agenda Item #4c Discussion Item 1 3 1 7 brought the Board in summer 2025 for consideration. DISTRICT PILLARS AND STRATEGIES IV - Planning, Maintenance, and Preservation of District Resources a. Develop Projects and Programs to Ensure Safe, Reliable, and Resilient Service REVIEW BY OTHERS This agenda item has been reviewed by the executive management team. FISCAL IMPACT The amendment amount of $398,895 is not included in the current year budget. The cost will be funded from the Water Reclamation Program’s contract services and reflected in the mid- year budget. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Manuel Moreno Water Reclamation Manager ATTACHMENTS Attachment A - Amendment No. 1 Agreement Attachment B - Amendment Request AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND TRUSSELL TECHNOLOGIES Sterling Natural Resource Center (SNRC), Regulatory Reporting Support East Valley Water District (District) and Trussell Technologies (Trussell) entered into an Agreement dated February 28, 2024 to provide regulatory reporting support for the SNRC. The purpose of this Amendment No. 1 is to increase the agreement amount to cover additional services needed and to extend the support for the fiscal year. The additional costs are described in the attached amendment request dated January 10, 2025. The original agreement amount was $99,880. Amendment No. 1 would increase the agreement by $399,000. The revised total agreement amount is $498,880. All other conditions of the original agreement shall remain the same as set forth in the Agreement between the District and Trussell. ATTACHMENTS: Amendment Request, Dated January 10, 2025 EAST VALLEY WATER DISTRICT By: _________________________ Michael Moore, GM / CEO Date:_________________________ TRUSSELL TECHNOLOGIES By: __________________________ Eileen Idica, Ph.D., P.E. Principal Engineer Trussell Technologies, Inc Date:__________________________ 4350 Executive Drive, Suite 300, San Diego, CA 92121 (858) 458-1030 January 10, 2025 Manny Moreno Water Reclamation Manager East Valley Water District 31111 Greenspot Road Highland, CA 92346 mmoreno@eastvalley.org Subject: Amendment Request for Sterling Natural Resource Center Regulatory Reporting Support Additional Tasks and Extension Through June 2025 Dear Mr. Moreno, We appreciate the opportunity to submit this amendment request for additional tasks and extension of support through June 2025 for the Sterling Natural Resource Center (SNRC). The additional tasks encompass items that are related to regulatory compliance such as sampling coordination and analytical lab results management, associated quality assurance and control, and as needed regulatory issue resolution with the Division of Drinking Water and Santa Ana Regional Water Quality Control Board. This amendment request also includes an extension of regulatory reporting support through June 2025 for the same monthly pathogen log reduction value reports and quarterly self-monitoring reports included in the original scope of work, and adding on annual reporting and support for electronic submittal of monitoring results to Geotracker, as required by the SNRC Waste Discharge Requirements and Master Recycling Permit (Order No. R8-2023-0009). Please feel free to contact me with any questions. Sincerely, Eileen Idica, Ph.D., P.E. Principal Engineer Trussell Technologies, Inc. Cell: (858) 232-8175 eileen@trusselltech.com Cc: Jeff Noelte, Ph.D., P.E., BCEE, Director of Engineering and Operation, EVWD Shane Trussell, Ph.D., P.E., BCEE, President & CEO, Trussell Technologies Trussell Technologies, Inc. Page 1 of 6 East Valley Water District Sterling Natural Resource Center Regulatory Reporting Support Amendment 1 Request for Additional Tasks and Extension Through June 2025 East Valley Water District’s (EVWD’s) Sterling Natural Resource Center (SNRC) project recently started discharging treated recycled water into the Weaver Basins for potable reuse as a groundwater replenishment project via surface application. Under the project’s Waste Discharge Requirements and Master Recycling Permit (Order No. R8-2023-0009), the project is required to produce routine reports on monthly, quarterly, semi-annual, and annual frequencies. The original scope of work covers the routine reports that are due between February 10, 2024, and February 15, 2025. In order to ensure compliance with the permit and potable reuse regulations, additional support for tasks related to regulatory report development are being requested. An extension of support through June 2025 is also being requested. These tasks are detailed below. SCOPE OF WORK Task 1 – Regulatory Reporting Support Through June 2025 - Amended Task 1.1 – Monthly DDW LRV Reports - Amended Monthly reports are due to the Division of Drinking Water (DDW) to document daily pathogen log reduction values (LRVs) for compliance with the permit and regulation requirements. These reports are due on the 10th month following the reporting month (first day to last day of calendar month). Trussell will develop a draft of each monthly report (reporting periods from January 2024 to May 2025; 17 reports total) and incorporate comments from one comment-review cycle with EVWD. It is assumed that EVWD will provide operating data on membrane filtrate turbidity and UV operating parameters via SCADA output daily reports or other database system. It is also assumed that EVWD will provide information and context for any events requiring notations to be made on the reports, such as additional operating data and copies of relevant operator logbook entries. Trussell assumes one half-day site visit for each report to obtain any additional needed information from the operators and/or the SCADA workstations to access historized data not provided in the SCADA output daily reports. Task 1.2 – Quarterly --Monitoring Reports - Amended Quarterly self-monitoring reports are reports that compile all required monitoring on continuous, daily, weekly, monthly, and quarterly frequencies for all required monitoring locations, including influent, effluent, lysimeter, monitoring wells, and diluent water. Most of the data contained in each quarterly report comes from laboratory analytical data, with the remainder being operating data. Trussell will develop a draft of each quarterly report (Quarters 1 to 4 of 2024 and Quarters 1 of 2025; 5 reports total), including a cover letter that clearly identifies any violations of the permit and associated corrective actions and required documentation. Trussell will incorporate comments from one comment-review cycle with EVWD for each quarterly report. As part of this task, Trussell will coordinate with Eurofins (or other contracted lab(s) performing EVWD’s Trussell Technologies, Inc. Page 2 of 6 compliance monitoring analyses) to ensure that upload to DDW’s electronic database for water quality monitoring (CLIP) is occurring as required by DDW; any deviations are to be noted in the quarterly reports. It is assumed that Trussell will be able to coordinate directly with Eurofins for copies of lab results reports as PDF and MSExcel formats as they are generated, and for other questions pertaining to information required in the quarterly reports. It is assumed that lab data will not be compiled into a laboratory information management system (LIMS) and as such will need to be organized by Trussell manually. It is also assumed that EVWD will provide information and context for any off-spec events to be reported on these quarterly reports, such as additional operating data and copies of relevant operator log entries. For the first year of operation, no monitoring is conducted on a semi-annual frequency (i.e., once every six months). After the first year, pending approval by the Santa Ana Regional Water Quality Control Board (Regional Board)1, quarterly monitoring for health-based and performance constituents of emerging concern (CECs) and surrogates for CECs may be reduced to a semi- annual frequency. Per discussion with the Regional Board (email confirmation sent on August 14, 2024), semi-annual reporting may be included in quarterly self-monitoring reports in lieu of separate semi-annual reports. Trussell will include semi-annual monitoring in quarterly self- monitoring reports when applicable. Task 1.3 – Annual Self-Monitoring Reports, Annual Summary Reports, Annual Volumetric Reports Annual self-monitoring reports are reports that compile information from the quarterly reports, including semi-annual monitoring, and monitoring required annually. The first SNRC annual self- monitoring report covers the monitoring period from January 2024 through December 2024 and is due to on June 30, 2025. Annual Summary Reporting is a separate reporting requirement required per the California Code of Regulations (CCR) Title 22, Division 4, Article 5.1 (Indirect Potable Reuse: Groundwater Replenishment – Surface Application), Section 60320.128 (Reporting), and documented for SNRC in Order No. R8-2023-0009 Attachment D (Water Recycling Requirements), Section VII, Part H. This annual report is to be provided to public water systems and drinking water well owners having downgradient sources potentially affected by the project and within 10 years groundwater travel time from the project. This report must be prepared by an engineer licensed in California and experienced in the fields of wastewater treatment and public water supply. The first Annual Summary Report covers the monitoring period January 2024 through December 2024 and is due to on June 30, 2025. Trussell will provide the required experienced California Professional Engineer certification of this report, if requested by EVWD. Trussell assumes that the following information required for the Annual Summary Report will be provided by others with facilitation by EVWD: •information pertaining to the vertical and horizontal migration of the recharge water plume; •summary of measures taken to comply with the wastewater source control requirements of the regulations (22 CCR Section 60320.106); and •increases in recycled water contribution during the previous calendar year and recycled water contribution increases anticipated for the next calendar year. Trussell will discuss with EVWD if these reports are to be combined with one single annual report serving both requirements or if the reports will be kept separate. The reports are included 1 Trussell support to request reduced monitoring is included in Task 2.1 Trussell Technologies, Inc. Page 3 of 6 in one task because the development of each will be done concurrently and require most of the same datasets and data compilations. If EVWD desires to combine the requirements into one single annual report, Trussell will support EVWD in discussions with DDW and Regional Board to receive approval for this approach in writing. Annual volumetric reports are required per the permit each year to denote the monthly volume of influent, production, and various uses per the categories specified in the permit. As part of this task, Trussell will develop the 2024 annual volumetric reports for submittal to the Regional Board. Task 1.4 – Coordination with External Lab for Compliance Monitoring Requirements, Sampling Schedule, Bottle Kits, and Associated Quality Assurance and Quality Control EVWD has contracted Eurofins to conduct water quality laboratory analyses required by the permit at various monitoring locations and frequencies. In order to ensure that the lab analyses are done in compliance with the requirements of the permit and regulations, Trussell will conduct the following subtasks: •Verify that laboratory analytical methods performed are consistent with those stated in the Operation Optimization Plan (OOP), and in compliance with the requirements of the permit and regulations (e.g., ELAP certification and drinking water methods for contaminants with primary and secondary MCLs, ELAP certification for regulation monitoring requirements) o If method adjustment is needed, Trussell will discuss and coordinate these items with the external lab and ensure that changes are incorporated in subsequent monitoring. •Ensure that the external lab provides the correct samples bottles in time for the required monitoring period, particularly for quarterly, semi-annual, and annual monitoring events, in which several hundreds of samples bottles are required for each multi-day sampling event. This subtask is key to ensure that no missed monitoring occurs during the required monitoring period, as missed monitoring must be reported to the Regional Board and may be considered a violation. This task includes Trussell requesting bottle kits that are consistent with the permit required monitoring, setting up timing for delivery to SNRC by the external lab, verifying bottle kit paperwork prior to bottle shipment, and in-person checking of the bottle kits on site at SNRC prior to the sampling event. o If bottle kit paperwork, including bottle list and Chain of Custody forms, is incorrect, Trussell will direct the external lab on the corrections that are needed and verify the paperwork is correct prior to shipment. If missing or incorrect bottles are identified during the in-person checking of the bottle kits at SNRC, Trussell will initiate correction with the external lab in time for the sampling event. o If monitoring requirements change, such as reduction of frequency for certain contaminants, or increase in frequency due to exceedance of a regulatory limit, Trussell will ensure that the bottle kits and associated paperwork take into account these changes. •Verify that laboratory analytical results meet the requirements for compliance reporting both in terms of turnaround time and for quality of results. o If results are delayed past the lab’s contracted turnaround time, Trussell will notify the lab, as delays may result in EVWD being unable to conduct any required resampling, which may result in missed monitoring. o If results were flagged by the lab to have quality assurance and quality control (QAQC) issues, then Trussell will facilitate the discussion on if the result is still Trussell Technologies, Inc. Page 4 of 6 acceptable for compliance reporting or should be resampled within the reporting period. o If resampling is required, Trussell will perform the subtasks described above for the additional monitoring. Task 1.5 – GeoTracker System Reporting As described in the permit Order No. R8-2023-0009, Attachment E, Section VII, results of all self-monitoring must be submitted to the Regional Board via the State Water Board’s GeoTracker system. This is inclusive of the quarterly and annual self-monitoring reports and annual volumetric reports. Additionally, all laboratory analytical data must be submitted in the GeoTracker Electronic Deliverable Format (EDF). Trussell will support EVWD with set up of sampling locations in GeoTracker to allow for EDFs to be generated by the external laboratories. While the external laboratories will supply the GeoTracker EDFs with routine reporting of results, it is the responsibility of EVWD to submit or have these reports submitted to the GeoTracker system itself. Trussell will support EVWD with submittal of EDFs from the project’s laboratory analytical data to GeoTracker under this task. Task 1.6 – WaterTrax Setup EVWD uses the WaterTrax cloud-based software platform to track and monitor laboratory analytical results for drinking water compliance. As external labs are able to upload results direction into WaterTrax per EVWD’s request, this has the potential to be a powerful and time- saving tool for SNRC analytical laboratory results tracking and reporting. As part of this task, Trussell will work with EVWD to setup WaterTrax to input and output SNRC laboratory data in such a way to support exceedance notification and potentially portions of the quarterly and annual self-monitoring reports. General Assumption for Task 1 •EVWD will sign, certify, and directly submit the regulatory reports described above, unless EVWD has authorized a Trussell engineer to do so, in writing, with DDW and RWQCB. Task 2 – DDW and RWQCB Technical Support - Amended Task 2.1 – DDW and RWQCB Technical Support As-needed - Amended Trussell will support EVWD with technical support items as needed with DDW and RWQCB as relates to compliance that is separate from the items described in Task 1. Potential tasks include the following: •Continued discussion with DDW on follow-up items from the DDW inspection and OOP •Clarification or modification of requirements in the permit with DDW and RWQCB o Request for modification or reduction of monitoring if certain conditions are met, such as: §Reduced monitoring for asbestos if it is not detected for four consecutive quarters, per 22 CCR Section 60320.112(f) §Reduced monitoring for health-based and performance CECs and surrogates for CECs to move from the initial assessment monitoring phase to the baseline monitoring phase per the permit and Recycled Water Policy. o As part of a separate contract, Trussell developed the SNRC Indicator Study Report in late 2023 that laid out which soil aquifer treatment indicators (which are CECs) would have the greatest likelihood of demonstrating 90% removal per the Trussell Technologies, Inc. Page 5 of 6 regulations (22 CCR Section 60320.118(g) and (h)). Eight indicators are being monitored for currently and the regulations require a minimum of three. Trussell will evaluate, each quarter upon receipt of new results, if a case can be made to the regulators to reduce the number of indicators, as well as potentially modify the indicators to be sampled if 90% removal is not demonstrated by enough indicators. •Documentation and communication related to potential non-compliance items, such as exceedances of permit limits, maximum contaminant levels, and notification levels; missed monitoring; missed notification; off-specification water with respect to pathogen LRV requirements. This subtask includes development of the response action workplan required for the running four-week average PFOA exceedance that occurred in Quarter 3 of 2024. Five non-compliance items are included in the budget. Task 2.2 – Monthly Regulator Meetings Trussell will attend monthly regulator meetings with DDW and/or RWQCB if requested by EVWD. Eight meetings are included in the budget with two hours of a senior experienced Trussell engineer to prepare for and participate in each meeting. Four meetings were assumed to be conducted in person and four meetings were assumed to be via conference or video call. Task 2.3 – Quality Assurance Project Plan Annual Updates The Recycled Water Policy (version effective April 8, 2019) requires that all projects that produce recycled water for potable reuse applications develop a Quality Assurance Project Plan (QAPP) for monitoring CECs. As part of a separate contract, Trussell developed the QAPP for SNRC in late 2023. The Recycled Water Policy requires that the QAPP be updated at least annually and any time significant changes are made that would affect data quality. This task includes one annual update for the QAPP, as those are the current anticipated frequencies necessary for SNRC’s QAPP updates. General Assumptions for Task 2 •Task 2 does not include development or update of documents related to Cross Connection Control, drinking water well control zones, groundwater tracer study, wastewater source control or local limits requirements, recycled water contribution management plan, Title 22 Engineering Report, or climate change action plan. Trussell will review and provide comments on these topics or documents if requested by EVWD as part of Task 2.1. Task 3 – Project Management - Amended This task involves budget tracking, schedule management, and monthly invoicing through June 2025. Schedule This amended scope of work covers work through June 2025, with the exact schedule of tasks dependent upon regulatory reporting deadlines and requirements and EVWD request for as- needed and one-time items. Trussell Technologies, Inc. Page 6 of 6 Budget The proposed engineering consultant fee for the scope of work described herein is $398,895, and will be billed on a time-and- materials basis. The details of the proposed budget are shown in the following table. Agenda Item #4d January 22, 20251 Meeting Date: January 22, 2025 Agenda Item #4d Discussion Item 2 0 5 2 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Approval of Purchase of Diesel Fuel Trailer RECOMMENDATION That the Board of Directors authorize the General Manager/CEO to purchase a 750-gallon diesel fuel trailer up to $35,000. BACKGROUND / ANALYSIS East Valley Water District (District) is responsible for maintaining diesel-powered backup generators that are used during emergency power outages. The District has nine trailer- mounted and seven stationary generators. The nine trailer-mounted generators can be moved throughout the District and strategically placed to accommodate areas without power. Critical Plants such as the Headquarters, Sterling Natural Resource Center (SNRC) Treatment Plant, and Treatment Plant 134 have stationary pad-mounted generators. Larger generators such as the one at the SNRC, can use over 100 gallons of fuel per hour. The District currently contracts for fuel delivery. Planned fuel deliveries from a contractor have not been an issue in the past, however, after-hour deliveries due to power outages have been a challenge, and District staff have been using alternative suppliers. To improve water/wastewater resiliency, staff is recommending the purchase of a trailer-mounted fuel trailer. Staff received bids for a 750-gallon diesel fuel trailer. The proposed trailer is compatible with the District’s current trucks and does not require a HazMat license. The bids received are shown below; Superior Tanks was the low bidder. Staff visited their supplier and inspected the tank (Attachment A). Staff recommends purchasing a fuel trailer from Superior Tanks. Staff received three quotes from local vendors. 1. - Superior Tanks $34,278.32 (includes sales tax) 2. - Scott Equipment $35,824.75 3. - Western Global $61,699.99 DISTRICT PILLARS AND STRATEGIES IV - Planning, Maintenance, and Preservation of District Resources Agenda Item #4d January 22, 20252 Meeting Date: January 22, 2025 Agenda Item #4d Discussion Item 2 0 5 2 a. Develop Projects and Programs to Ensure Safe, Reliable, and Resilient Service d. Enhance Planning Efforts that Respond to Future Demands REVIEW BY OTHERS This agenda item has been reviewed by Operations. FISCAL IMPACT This item was not included in the current budget. This will be a one time purchase up to $35,000 from the Water Fund and it will be reflected in the mid-year budget. Recommended by: ________________ Michael Moore General Manager/CEO Respectfully submitted: ________________ Patrick Milroy Operations Manager ATTACHMENTS Attachment A - Diesel Trailer Photo Attachment B - Superior Tank Quote Attachment A Quote Date 12/17/2024 Quote # 10031 Name / Address East Valley Water District 31111 Greenspot Rd Highland, CA 92346 Ship To East Valley Water District 31111 Greenspot Rd Highland, CA 92346 Terms 50% / 50% completion Rep KM Lead Time 8-10 weeks Total Subtotal Sales Tax (0.0%) Quote From TransFueler. Valid For 30 Days 14700 Industry Circle La Mirada CA 90638 Phone:714-226-1914 Fax:714-739-4425 Tim@superior-tanks.com TransFueler neither guarantees nor makes recommendations for compliance with federal, state, or local laws regarding fuel storage and/or transportation. Buyer assumes all responsability for legal compliance and is advised to consult with the applicable governing authorities to assure compliance with any such legislation. Any advice offered is opinion. All goods remain property of TransFueler until paid for in full. Late fees apply to unpaid invoices after five days grace period. Item Description Qty Rate Total Q-TFC-6M-D 6 mild steel SW tanks with Level gauge, rollover vent, Fill cap. Individually baffled. - Each tank is equiped with a suction drop tube and individual tank isolation valves. Trailer Custom Trailer - 14K dual Axle - Tandem 7000 lb. steel axles - DOT approved heavy steel chasis - Steel fenders and decking - Steel light guards and steps - Electric Brakes and Breakaway Safety System - Heavy Duty ST Trailer Tires on 16" Steel Wheels - Heavy Duty Tongue Jack - Heavy Duty Adjustable Hitch - Choice of Ball or Pintle coupler - Heavy Duty Safety Chains - DOT Conspicuity Tape - Custom Placard Kit - DOT Approved LED lights - Powder Coat Finish 1 22,374.00 22,374.00 Page 1 Attachment B Quote Date 12/17/2024 Quote # 10031 Name / Address East Valley Water District 31111 Greenspot Rd Highland, CA 92346 Ship To East Valley Water District 31111 Greenspot Rd Highland, CA 92346 Terms 50% / 50% completion Rep KM Lead Time 8-10 weeks Total Subtotal Sales Tax (0.0%) Quote From TransFueler. Valid For 30 Days 14700 Industry Circle La Mirada CA 90638 Phone:714-226-1914 Fax:714-739-4425 Tim@superior-tanks.com TransFueler neither guarantees nor makes recommendations for compliance with federal, state, or local laws regarding fuel storage and/or transportation. Buyer assumes all responsability for legal compliance and is advised to consult with the applicable governing authorities to assure compliance with any such legislation. Any advice offered is opinion. All goods remain property of TransFueler until paid for in full. Late fees apply to unpaid invoices after five days grace period. Item Description Qty Rate Total Q-TFP-DISP-D4 TransFueler Premium/D4 Package: PUMP - GPI 12v 25 GPM Pump -12V Deep Cycle Battery w/Trickle Charger and Box FILTER -10 Micron Filter w/Filter Mount VENT - CimTek Combination Pressure/Vacuum Vent and 2" Fill Port REEL - 50' x 1" Hose on Spring Rewind Reel with Automatic Nozzle METER - Mechanical or Electronic Meter/Register MISC - Fuel Level Gauge - Placard Kit 1 5,460.00 5,460.00 Q-TFP-CABINET2 Locking Steel Cabinet Bolted To Trailer -To House Dispensing Equipment 1 2,525.00 2,525.00T Q-TFP-SOLAR50 Add to TransFueler - 50 Watt solar panel, mounting bracket, charger, and wiring installation to the battery system 1 1,129.00 1,129.00T M-Freight Freight Cost: Delivery Freight is finalized and billed at time of shipping and may change from the estimated cost.. Customer is responsible for offloading the unit(s) with a forklift or other equipment. 1 350.00 350.00 Steven George 909-772-8735 sgeorge@eastvalley.org Page 2 $31,838.00 $31,838.00 $0.00 Agenda Item #4e January 22, 20251 Meeting Date: January 22, 2025 Agenda Item #4e Discussion Item 2 0 4 6 Regular Board Meeting TO: Governing Board Members FROM: General Manager/CEO SUBJECT: Consider Amendment to JC Law Firm Attorney Contract RECOMMENDATION That the Board of Directors approve the contract amendment with JC Law Firm. BACKGROUND / ANALYSIS In 2016 the District Board of Directors executed a contract for legal services with JC Law Firm (Attorney) to provide general legal services as general counsel of the District. The hourly rate of legal services was amended in 2022. The Attorney is requesting to amend the 2016 agreement from $350 per hour to $450 per hour. Staff has reviewed the proposed rate change and finds it reasonable in comparison to other public agency general counsel billing rates. The new billing rates will be effective January 1, 2025. DISTRICT PILLARS AND STRATEGIES II - Sustainability, Transparency, and Accountability a. Uphold Transparent and Accountable Fiscal and Resource Management REVIEW BY OTHERS This agenda item has been reviewed by Administration and Legal Counsel. FISCAL IMPACT The proposed amendment is estimated to increase legal expenses approximately $24,000 for the remainder of fiscal year 2024/25. The new rate will be reflected in the upcoming mid-year budget adjustments to the Board. Agenda Item #4e January 22, 20252 Meeting Date: January 22, 2025 Agenda Item #4e Discussion Item 2 0 4 6 Recommended by: ________________ Michael Moore General Manager/CEO ATTACHMENTS Amendment to JC Law Firm Contract AMENDMENT TO ATTORNEY – CLIENT FEE AGREEMENT This Amendment to Attorney – Client Fee Agreement is entered into by and between JC LAW FIRM (Attorney) and EAST VALLEY WATER DISTRICT (Client). WHEREAS, the parties to this agreement entered into an Attorney-Client Fee Agreement effective June 15, 2016; and WHEREAS, the parties would like to amend said Attorney – Client Fee Agreement; NOW THEREFORE the parties hereto agree as follows: 1. Paragraph 4 of the Attorney – Client Fee Agreement is hereby amended to read as follows: “Fees for legal services provided by Attorney under this Agreement shall be charged at the rate of $450 per hour. The time charged will include, but is not limited to, the time Attorney spends on telephone calls, emails and other electronic communications relating to client’s matter, including calls and emails with client, witnesses, opposing counsel, court personnel or other persons. Attorney will charge for waiting time in court, and elsewhere and for travel time, to and from Board meetings, court appearances, depositions and meetings attended on behalf of client.” 2. Except as amended herein, all remaining terms and conditions of the Attorney – Client Fee Agreement shall remain in full force and effect. 3. This Amendment shall be effective as of January 1, 2025. DATED: __________ __________________________ CLIENT By: James Morales Jr., Chairman DATED: __________ ___________________________ ATTORNEY By: Jean Cihigoyenetche 1 2 3 4 5 6 0 20 40 60 80 100 120 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cu b i c F e e t P e r S e c o n d Current Water Year (2025)Average (2010-Current) 5.7 86% Full (4.9 mAF) 4.7 0 1 2 3 4 5 6 Mi l l i o n A c r e F e e t Capacity Current Storage Last Year 3.5 65% Full (2.3 mAF)1.0 0 1 2 3 4 Mi l l i o n A c r e F e e t Capacity Current Storage Last Year Water Supply Update Groundwater Bunker Hill Basin Storage Imported Water Lake Oroville Total Storage Surface Water Santa Ana River Total Inflow Current Water Shortage Stage Updated: 1/13/2025 15% 0 5 10 15 20 OCT JAN APR JUL In c h e s Big Bear State Water Project Current Table A Allocation 0 5 10 15 Oct Jan Apr Jul In c h e s 0 10 20 30 40 50 60 Oct Jan Apr Jul In c h e s Highland Norther Sierra 8-Station DroughtPrecipitation Updated: 1/13/2025