MPRWA & TAC Agenda Packet 06-23-15

8/21/2019 MPRWA & TAC Agenda Packet 06-23-15

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AgendaMonterey Peninsula Regional Water Authority (MPRWA)

Directors & Technical Advisory CommitteeJOINT SPECIAL MEETING

6:30 PM, Tuesday, June 23, 2105Seaside City Hall440 Harcourt Ave

Seaside, California

ROLL CALL

PLEDGE OF ALLEGIANCE

REPORTS FROM BOARD DIRECTORS AND STAFF

PUBLIC COMMENTSPUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on anysubject which is within the jurisdiction of the MPRWA and which is not on the agenda. Any personor group desiring to bring an item to the attention of the Authority may do so by addressing theAuthority during Public Comments or by addressing a letter of explanation to: MPRWA, Attn:Monterey City Clerk, 580 Pacific St, Monterey, CA 93940. The appropriate staff person will contactthe sender concerning the details.

CONSENT AGENDA

1. Approve and File Authority Checks Through June 23, 2015 - Milton-Rerig

2. Receive Report on Visit to the Monterey Peninsula by Tam Dudoc, P.E., Member of the

State Water Resources Control Board on May 29, 2015 - Cal Am

3. Receive Certificate of Appreciation for Keith Israel and Authorize Appointment of his Replacement on the Technical Advisory Committee (TAC) - Cullem

AGENDA ITEMS

4. Discuss Concerns of the City of Marina with Respect to the Monterey Peninsula Water

Supply Project (MPWSP) and the Pure Water Monterey/Ground Water Replenishment (GWR) Projects and Provide Direction - Cullem

5. Receive Presentation, Discuss, Provide Direction and Authorize Sending of CommentLetter to the California Public Utilities Commission (CPUC) on the Monterey Peninsula Water Supply Project Draft Environmental Impact Report - SPI/Geosyntec

6. Discuss, Provide Direction and Authorize Sending of Comment Letter to the PCA / Water Management District on the Pure Water Monterey/Ground Water Replenishment (GWR)Project - Cullem

7. Receive an Update on the Summary Project Schedule for the Monterey Peninsula Water

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Sunday, June 23, 2115

2

Supply Project (MPWSP) Including Status of Slant Test Well Operations and Results - Crooks

8. Receive Report, Discuss, Provide Staff Direction, and Authorize the Water Authority

Executive Director and/or President to Co-sign or Send Letter in Support of the Proposed Cease and Desist Order Extension Request - Cullem

ADJOURNMENT

The City of Monterey is committed to including the disabled in all of its services, programs andactivities. In compliance with the Americans with Disabilities Act, if you need special assistanceto participate in this meeting, please contact the City Clerk’s Office at (831) 646-3935.Notification 30 hours prior to the meeting will enable the City to make reasonable arrangementsto ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests willbe accommodated to the extent feasible. For communication-related assistance, dial 711 to usethe California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearingamplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at

(831) 646-3935 to coordinate use of a device.

Agenda related writings or documents provided to the MPRWA are available for publicinspection during the meeting or may be requested from the Monterey City Clerk’s Office at 580Pacific St, Room 6, Monterey, CA 93940. This agenda is posted in compliance with CaliforniaGovernment Code Section 54954.2(a) or Section 54956.

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Monterey Peninsula Regional Water AuthorityAgenda Report

Date: June 23, 2015

Item No: 1.

FROM: Authority Clerk Milton-Rerig

SUBJECT: Approval and File Authority Checks through June 11, 2015

RECOMMENDATION:

It is recommended that the Authority approve and file the accounts payable paymentsmade during the period May 14, 2015 through June 11, 2015 with total payments for theabove referenced period of $35,022.44 from the general fund account and authorize theDirectors to sign for such checks.

DISCUSSION:

At its meeting on September 12, 2013, the Authority Board approved a staffrecommendation to provide the Directors a listing of financial obligations since the lastreport for inspection and confirmation. Each invoiced expense has been reviewed andapproved by the Executive Director and Finance personnel prior to payment to insure thatit conforms to the approved budget.

The following checks are hereby submitted to the Authority for inspection andconfirmation.

• $5,616.00 to Brownstein Hyatt Farber and Schreck for Special Legal CounselServices.

• $ 850.00 to Environmental Relations for Public Outreach services

• $ 900.00 to Access Monterey Peninsula

• $ 5,000.00 to Perry and Freeman for contracted Legal Counsel Services(May/June)

• $17,656.44 To the City of Monterey for Executive Director Services

• $5,000.00 to the City of Monterey for Contracted Annual Facility usage fee andAgenda Management System access

The bank balance as of June 23, 2015 is sufficient cover the above check therefore,staff is recommending approval.

ATTACHMENTS:

• Budget to Actual Report through June 23, 2015


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3:11 PM

06/19/15

Accrual Basis

Monterey Peninsula Regional Water Authority

Profit & Loss Budget vs. Actual July 1, 2014 through June 19, 2015

Budget

Actual Jul 1, '14 -

Jun 19, 15 $ Over Budget % of Budget

Ordinary Income/Expense

Income

47200 · Program Income

47230 · Membership Dues 458,680.00 621,914.86 -163,234.86 135.59%

47240 · Program Service Fees 0.00 0.00 0.00 0.0%

47250 · Reimbursement SPI Contract 0.00 18,562.14 -18,562.14 100.0%

47260 · Reimburesment VE Contract 0.00 0.00 0.00 0.0%

47200 · Program Income - Other 0.00 0.00 0.00 0.0%

Total 47200 · Program Income 458,680.00 640,477.00 -181,797.00 139.64%

Interest Income 0.00 2.94 -2.94 100.0%

Total Income 458,680.00 640,479.94 181,799.94 139.64%

Expense

60900 · Administration and Clerical

60901 · Clerk of the Board 24,000.00 24,000.00 0.00 100.0%

60902 · Executive Director 94,680.00 35,260.24 5 9,419.76 37.24%

60903 · Principal Offc of the Authority 5,000.00 0.00 5,000.00 0.0%

60904 · Financial Services 6,000.00 6,000.00 0.00 100.0%

60905 · Misc Admin Expenses 500.00 0.00 500.00 0.0%

Total 60900 · Administration and Clerical 130,180.00 65,260.24 64,919.76 50.13%

62100 · Legal Fees

62110 · Board Counsel 63,000.00 25,000.00 38,000.00 39.68%

62140 · Special Counsel 152,000.00 43,019.52 108,980.48 28.3%

Total 62100 · Legal Fees 215,000.00 68,019.52 146,980.48 31.64%

62800 · Contract Services

60801 · Public Outreach 35,000.00 6,083.33 28,916.67 17.38%

60806 · Contract VE 200,000.00 104,988.64 95,011.36 52.49%

62802 · Audit Services 6,000.00 6,805.00 -805.00 113.42%

62803 · Televised Meeting 10,000.00 4,112.50 5,887.50 41.13%

62804 · Contract Services & Studies 30,000.00 0.00 30,000.00 0.0%

Total 62800 · Contract Services 281,000.00 121,989.47 159,010.53 43.41%

65000 · Insurance 7,500.00 6,673.44 826.56 88.98%

65100 · Travel Expenses 5,000.00 325.00 4,675.00 6.5%

68300 · Contingency 20,000.00 0.00 20,000.00 0.0%

Total Expense 658,680.00 262,267.67 396,412.33 39.82%

Net Income 378,212.27 100.0%

Page 1 of 1


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Date: June 23, 2015

Item No: 2.

№06/12

FROM: Executive Director Cullem

SUBJECT: Receive Report on visit to the Monterey Peninsula by Tam Dudoc, P.E.,Member of the State Water Resources Control Board, on May 29, 2015

RECOMMENDATION:

It is recommended that the Water Authority Board receive report the visit of State WaterResources Board (SWRCB) member Tam Dudoc,P.E, on May 29, 2015.

DISCUSSION:

On May 5, 2015, Jason Burnett, on behalf of the Water Authority as well as the WaterManagement District and the County, inviting one or more of the SWRCB members tovisit Monterey and receive briefings and tours of the efforts and accomplishments of ourcommunity in meeting the objectives of CDO 2009-0060.

Board Director Tam Dudoc, P.E. visited on May 29. Attached is an article by Cal AmPresident Robert MacLean discussing the details of the visit. The article was published

in the Monterey County Herald on June 13, 2015.

Our Public Outreach Consultant, Ashley Beleny, Environmental Relations, Inc. assistedin the preparations for the visit, and Vice-President Kampe served as the representativeof the Water Authority.

ATTACHMENTS:

A- Copy of MacLean Article from the Monterey County Herald June 13, 2015.


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7/28


Date: June 23, 2015

Item No: 3.

№06/12


SUBJECT:Certificate of Appreciation for Keith Israel and Selection of HisReplacement on the Technical Advisory Committee (TAC).

RECOMMENDATION:

It is recommended that the Water Authority Board receive a copy of the

Certificate of Appreciation presented to Keith Israel, General Manager ofthe Monterey Regional Water Pollution Control Agency (MRWPCA), onbehalf of the Water Authority for his years of service as a member of theTAC, and for the Water Authority Board to also name his successor at thePCA as a member of the TAC.

DISCUSSION:

Keith Israel has served as a member of the TAC since 2012. Over the

years he has provided the Authority with up-to-date information on theGWR project, has actively participated in the deliberations of the TAC, andwise advise in all matters that have come before it. He will be greatlymissed, but the TAC looks forward to working with his replacement.

The Attached Certificate of Appreciation was presented to Keith at hisretirement party on June 22.

Keith will have to be replaced on the TAC, and staff recommends the

Authority name the General Manager of the MRWPCA as a TAC member.His successor at this time is Paul Sciuto.

ATTACHMENTS:

Certificate of Appreciation for Keith Israel


8/28

MONTERE

WA

CERTIF

FOR

Whereas, The Board of

hereby wishes to express its hea

community as a member of the

Advisory Committee (TAC) from

Whereas, Keith Israel ha

TAC, providing well reasoned a

especially with respect to the Pu

(GWR) project, and

Whereas , Under Keith Is

Pollution Control Agency has fa

purposes, reversal of salt water

the critical shortage of potable

Whereas , Keith Israel wi

his position on the TAC as of Ju

Now Therefore, The Bo

work and dedicated service to th continued success in all his fut

Jason Burnett, Pres

PENINSULA REGI

ER AUTHORITY

CATE OF APPRECIATION

UTSTANDING SERVICE

irectors of the Monterey Peninsula Regional

tfelt appreciation to Keith Israel for outstandin

onterey Peninsula Regional Water Authority T

September 2012 to June 2015.

s always participated constructively in the deli

d thoughtful input to sometimes contentious dis

e Water Monterey (PWM) / Ground Water Rep

rael's leadership as General Manager, the Mo

ilitated the use of recycled wastewater for agri

ntrusion in the Castroville area, and potential

ater on the Monterey Peninsula, and

ll be retiring from the Pollution Control Agenc

e 30, 2015,

rd of Director’s wishes to commend Keith Isr

e Water Authority and to this community and re endeavors.

ident James M. Cullem. Executive Director

NAL

ater Authority

service to the

chnical

erations of the

cussions,

lenishment

terey Regional

cultural

se in addressing

and resigning

el for his hard

wishes him


9/28

Ralph Rubio, David Pendergrass, Director Bill Kampe,


10/28


11/28


Date: June 23, 2015

Item No: 4.

№06/12


SUBJECT:Discuss Concerns of the City of Marina with Respect to theMonterey Peninsula Water Supply Project (MPWSP) and thePure Water Monterey/Ground Water Replenishment (GWR)Projects and Provide Direction

RECOMMENDATION:

It is recommended that the Water Authority receive and discuss concernsof the City of Marina with respect to the MPWSP and the GWR projects.

DISCUSSION:

Although the comment period for the GWR DEIR is closed, the publicreview period for the MPWSP DEIR is open until the end of June. As aseparate agenda item, the Authority will receive a report from its consultanton a portion of the MPWSP DEIR.

Since the City of Marina will play an integral part in the completion of boththe MPWSP and the GWR, staff recommends that at least one electedofficial and one staff member be invited to participate in the discussion ofthe consultant presentation, and also use the opportunity to inform theWater Authority of City of Marina concerns with both water projects.

Accordingly, President Jason Burnett extended an invitation to MayorDelgado to attend the June 23 Authority meeting. Although Mayor Delgado

has advised that he is unable to participate due to a prior commitment, heindicated a desire to send another elected or staff official as hisrepresentative. As of June 19, no specific Marina official has been identifiedby name but we expect a representative will be able to attend.


12/28


13/28


Date: June 23, 2015

Item No: 5.

№06/12


SUBJECT: Receive Presentation, Discuss, Provide Direction andAuthorize Sending of Comment Letter to the California PublicUtilities Commission (CPUC) on the Monterey Peninsula WaterSupply Project Draft Environmental Impact Report

RECOMMENDATION:

It is recommended that the Water Authority and the TAC receive a reportfrom Separation Processes Inc. (SPI) and Geosyntec on a focused reviewof the Draft Environmental Impact Report (DEIR) for Cal Am's MontereyPeninsula Water Supply Project (MPWSP) and authorize sending of acomment letter to the CPUC.

DISCUSSION:

On May 14, 2015 the Water Authority authorized the Executive Director to

award a contract for a focused review of intake technologies and brinedischarge as identified in the MPWSP DEIR, section ES.8.

After contacting 3 qualified consultants, the Executive Director awarded acontract to the only firm which could perform the review in the timeavailable, Separation Processes Inc. (SPI) and its sub-consultantGeosyntec.

Copies of the RFP, Proposal, and contract are at Exhibits A,B, and C.

SPI and Geosytec will present their preliminary report and findings at a jointWater Authority/TAC meeting. Following the presentation, the Authority canconsider sending a comment letter to the CPUC by the DEIR commentdeadline date of due 30 June 3015.


14/28

FISCAL IMPACT:

The contract is for a fee of not-to-exceed $40,000, as authorized by theWater Authority and for which sufficient FY 2014/2015 funds are available.

EXHIBITS:

A- Request for Proposal (RFP)B- SPI ProposalC- Contract for Focused Review of the MPWSP DEIR

D. Preliminary Draft Report (To be provided before or at the meeting)


15/28

1

EXHIBIT A - SCOPE OF SERVICES

The Scope of Services for this Agreement between The Monterey Peninsula RegionalWater Authority (MPRWA) and Separation Processes, Inc. (SPI) for ConsultantSupport Services shall include the following:

Activities

Geosyntec Consultants, as a sub-consultant to SPI will review the following sections ofthe DEIR (identified as A. General Documents, B. Brine Discharge Specific Documents,and C. Intake Specific Documents) and provide a summary technical memorandumanswering the following two questions with respect to the DEIR for the MontereyPeninsula Water Supply Project:

1. Does the DEIR address the main critical issues on source water intake system?

2. Does the DEIR address the main critical issues on brine disposal system?

A. General Documents

• Main Report: Brief review of Executive Summary, Section 1. Introduction, Section

2. Project Description, Section 3.4.1.1. Subsurface Slant Wells, Section 3.6.1

Operation of the Seawater Intake System, MPWSP Desalination Plant, and Brine

Discharges, Section 4.2. Geology, Soils, and Seismicity, Section 4.3.3 Impacts

and Mitigation Measures (limited to Impacts 4.3-4 and 4.3-5), Section 4.4.

Groundwater Resources, Section 6. MPSWP Variant, and Section 7.

Alternatives.

B. Intake Specific Documents

• Appendices E1-E2: Review of groundwater modeling, including model selection,

integration of selected models, model calibration, and modeling results.

• Appendix C3: Review exploratory borehole results as needed to confirm the

accuracy of the geologic representation in the groundwater models.

C. Brine Discharge Specific Documents

• Appendices D1-D4: Reviews of far-field analysis of brine discharge, brinedischarge diffuser analysis (near-field), water quality analysis of the discharges,

and ocean plan compliance assessment. Confirm appropriateness of approach,

linkages between near and far-field models, accuracy of results, and check

conservatism.


16/28

2

Deliverables

• Summary Draft Technical Memorandum (TM)

• Timely communications of major Issues with the Executive Director of theMPRWA as any issues are Identified

• Consultant shall attend a two hour meeting of the Technical Advisory Committee(TAC) of the MPRWA to present Consultant’s summary of pertinent findings,observations, issues, and recommendations, as well as to answer questions onthe TM and to discuss the DEIR. This meeting will take place in Monterey at10:30 am on June 15, 2015.

Schedule

• May 21 – June 15, 2015

Fees

• Services to be billed at rates included in the Subconsultant Plan (Exhibit “C”) not-to-exceed $36,000 total for the Intake Review and Brine Discharge Review.

• Fees for SPI oversight of and assistance to Geosyntec are not-to-exceed $4000.


17/28

EXHIBIT BMonterey Peninsula Water Management District

Proposed Scope of Services for Separation Processes,May 21, 2015 - SPI Revision 0

Rate$206

Draft EIR Review SPI TMH Labor

a Review Draft EIR Document and Appendices 10 10 $2,060b Prpare Technical Memorandum Describing Evaluation 8 8 $1,648

TOTALS 18 18 $3,708

Labor

TOTAL COST $3,708


18/28

CONTRACT FOR PROFESSIONAL SERVICES

DEIR R eview Services Agreement

THIS AGREEMENT

is executed this

21

day of

v

-

4,01 2015

by and between

the Monterey Peninsula Regional Water Authority, a municipal corporation, hereinafter called

Authority , and Separation Processes, Inc. (SPI), hereinafter called Consultant .

IT IS HEREBY M UTUALLY AGREED AS FOLLOWS

1

Scope. Consultant hereby agrees to provide to the Authority, as the scope of

services under this Agreement, the following services: focused DEIR Review Services, as

further described on the following attachments: the Scope of Work under this contract (attached

hereto as Exhibit A ), and the approved Consultant's Proposal dated May 22, 2015 (attached

hereto as Exhibit B ). In case of any conflict between these documents, the Scope of Services

shall take first precedence over the Consultant's proposal.

2

Timely Work. Consultant shall perform all tasks in a timely fashion, as set forth

more specifically in paragraph 3 below. Failure to so perform is hereby deemed a material

breach of this Agreement, and Authority may terminate this Agreement with no further liability

hereunder, or may agree in writing with Consultant to an extension of time.

3

Term. The work under this Agreement shall commence May 22, 2015 and shall

be completed by June 15, 2015 unless Authority grants a written extension of time as forth in

paragraph 2 above.

4

Compensation. Authority agrees to pay and Consultant agrees to accept as full

and fair consideration for the performance of this Agreement, an hourly fee as set forth in

Consultant's Proposal (Exhibit B), in a total amount not to exceed a total of Forty Thousand

Dollars ($40,000.00). Compensation under this Agreement shall become due and payable 30

days after Authority's approval of Consultant's submission of a written invoice to the Authority

Executive Director upon acceptance of the deliverables. Written invoices shall clearly identify

the work elements and shall include a copy of timesheets or invoices from any sub-consultants.

The payment of any compensation to Consultant hereunder shall be contingent upon

performance of the terms and conditions of this Agreement to the satisfaction of the Authority. If

Authority determines that the work set forth in the written invoice has not been performed in

accordance with the terms of this Agreement, Authority shall not be responsible for payment

until such time as the work has been satisfactorily performed.

5

Additional Services. In the event that Authority should request additional

services not covered by the terms of this Agreement, said services will be provided by

Consultant and paid for by Authority only after a fee for said services has been agreed upon

between Consultant and Authority Executive Director and the Authority Executive Director

provides written authorization for the additional work.

6

Schedule for Performing Services. For the work subject to this Agreement,

Consultant shall perform the services in accordance with a schedule as established during the

term of the contract.

T00008-CA (v. 1.0- 06/04/2013)


19/28

7 Staffing Plan

Consultant shall provide Authority with the names of the key

professional personnel assigned to perform the services under this Agreement as well

as a

general description of the services they will be assigned to perform.

8 Subconsultant Plan

If Consultant intends to utilize the services of any

subconsultants to perform the services under this Agreement, the names of those

subconsultants and a general description of the services they will be assigned to perform shall

be attached hereto as Exhibit C Subconsultant Plan

9 Meet and Confer

Consultant agrees to meet and confer with Authority or its

agents or employees with regard to services as set forth herein as may be required by Authority

to insure timely and adequate performance of this Agreement.

10

Indemnification

Consultant hereby agrees to the following indemnification

clause:

To the fullest extent permitted by law (including, without limitation, California Civil Code

Sections 2782 and 2782.6), Consultant shall defend (with legal counsel reasonably

acceptable to the Authority), indemnify and hold harmless the Authority and its officers,

designated agents, departments, officials, representatives and employees (collectively

Indemnitees ) from and against claims, loss, cost, damage, injury expense and liability

(including incidental and consequential damages, court costs, reasonable attorneys' fees,

litigation expenses and fees of expert consultants or expert witnesses incurred in connection

therewith and costs of investigation) to the extent they arise out of, pertain to, or relate to, the

negligence, recklessness, or willful misconduct of Consultant, any Subconsultant, anyone

directly or indirectly employed by them, or anyone that they control (collectively Liabilities ).

Such obligations to defend, hold harmless and indemnify any lndemnitee shall not apply to the

extent that such Liabilities are caused in part by the negligence, or willful misconduct of such

Indemnitee

Notwithstanding the provisions of the above paragraph, Consultant agrees to indemnify

and hold harmless the Authority from and against any and all claims, demands, defense costs,

liability, expense, or damages arising out of or in connection with damage to or loss of any

property belonging to Consultant or Consultant's employees, contractors, representatives,

patrons, guests or invitees.

Consultant further agrees to indemnify Authority for damage to or loss of Authority

property to the proportionate extent they arise out of Consultant's negligent performance of

the work associated with this agreement or to the proportionate extent they arise out of any

negligent act or omission of Consultant or any of Consultant's employees, agents, contractors,

representatives, patrons, guests or invitees; excepting such damage or loss arising out of the

negligence of the Authority

11 Insurance

Consultant shall submit and maintain in full force all insurance as

described herein. Without altering or limiting Consultant's duty to indemnify, Consultant shall

maintain in effect throughout the term of this Agreement a policy or policies of insurance with

the following minimum limits of liability:

2


20/28

Commercial general liability insurance including but not limited to premises, personal

injuries, bodily injuries, products, and completed operations, with a combined single limit

of not less than $1,000,000 per occurrence and $1,000,000 in the aggregate.

Professional Liability Insurance. Co nsultant shall maintain in effect throughout the term

of this Agreement professional liability insurance with limits of not less than $1,000,000

per claim and $1,000,000 in the aggregate. Consultant will either maintain or cause to be

maintained professional liability coverage in full force or obtain extended reporting (tail)

coverage (with the same liability limits) for at least three years following City's

acceptance of the work.

Comm ercial automobile liability insurance covering all automobiles, including owned,

leased, non-owned, and hired automobiles, used in providing services under this

Agreement, w ith a combined single limit of not less than $1,000,000 per occurrence.

Workers' Com pensation Insurance. If Consultant employs others in the performance of

this Agreement, Consultant shall maintain workers' compensation insurance in

accordance with California Labor Code section 3700 and with a minimum of $100,000

per o ccurrence for employer's liability.

Other Insurance Requirements

A.

ll insurance required under this Agreement must be written by an insurance

compan y either:

•

admitted to do business in California with a current A M Best rating of no

less than A:VI; or

•

an insurance company with a current A M Best rating of no less than A:

VII.

Exception may be made for the State Compensation Insurance Fund when

not specifically rated.

B.

Each insurance policy required by this agreement shall be endorsed to state

that Authority shall be given no tice in writing at least thirty days in advance of

any cancellation thereof, except 10-day notice for nonpaym ent of the

premium.

C.

The general liability and auto policies shall:

•

Provide an endorsement naming the Authority, its officers, officials, and

employees as add itional insureds under an ISO CG 20 10 07 04 or ISO 20 37

07 04 or their equivalent.

•

Provide that such insurance is primary and non-contributing insurance to any

insurance or self-insurance maintained by the Authority.

•

Con tain a Sepa ration of Insureds provision substantially equivalent

to that used in the ISO form CG 00 01 10 01 or their equivalent.

•

Provide for a waiver of any subrogation rights against the Authority via an

ISO CG 24 01 10 93 or its equivalent.

3


21/28

D

Prior to the start of work under this Agreement, Consultant shall file

certificates of insurance and endorsements evidencing the coverage required

by this agreement with the Authority. Consultant shall file a new or amended

certificate of insurance promptly after any change is made in any insurance

policy which would alter the information on the certificate then on file.

E

Neither the insurance requirements hereunder, nor acceptance or approval of

Consultant s insurance, nor whether any claims are covered under any

insurance, shall in any way modify or change Consultant s obligations under

the indemnification clause in this Agreement, which shall continue in full force

and effect. Notwithstanding the insurance requirements contained herein,

Consultant is financially liable for its indemnity obligations under this

Agreement.

F

Any deductibles or self-insured retentions must be declared to and approved

by the Authority. At the option of the Authority, either: the insured shall

reduce or eliminate such deductibles or self-insured retentions as respects

the Authority, its officers, officials, employees and volunteers; or Consultant

shall provide a financial guarantee satisfactory to the Authority guaranteeing

payment of losses and related investigations, claim administration, and

defense expenses.

12

Ownership of Work and Copyrights. Upon completion of the work under this

Agreement, ownership, title and copyrights to all materials and deliverables produced as part of

this Agreement will automatically be vested in the Authority and no further agreement will be

necessary to transfer ownership to Authority.

13

Licensing — Standard of Care. Consultant represents as follows: that it is

experienced in the professional services and a specialist in the work performed under this

Agreement; is duly organized, existing and in good standing under applicable state law; and is

properly licensed and/or certified to perform the work specified under this Agreement, including

but not limited to possession of a current City of Monterey business license, and will only

employ persons and subconsultants with all required licenses and certifications.

14

Substitution of Consultant Personnel. The key personnel of Consultant or any

subconsultants listed in Consultant s proposal or in

Subconsultant lan

(Exhibits C hereto) and

assigned to perform the work under this Agreement may not be substituted with or replaced by

other personnel or subconsultants without the advance written consent of Authority.

15

Termination. Authority may terminate this Agreement upon ten days written

notice. The amount of damages, if any, as a result of such termination may be decided by

negotiations between the parties or before a court of competent jurisdiction.

16

Agency. In performing the services specified under this Agreement, Consultant

is hereby deemed to be an independent Consultant and not an agent or employee of Authority.

17

Entire Agreement. This Agreement constitutes the entire Agreement between the

parties hereto and supersedes any and all prior agreements, whether oral or written, relating to

the subject matter thereof. Any modification of this Agreement will be effective only if it is in

writing signed by both parties hereto.

4


22/28

18

Validity. If any provision in this Agreement is held by a court of competent

jurisdiction to be invalid void or unenforceable the remaining provisions will continue in full

force without being impaired or invalidated in any way.

19

Assignment of Interest. The duties under this Agreement shall not be assignable

delegable or transferable without the prior written consent of Authority. Any such purported

assignment delegation or transfer shall constitute a material breach of this Agreement upon

which Authority may terminate this Agreement and be entitled to damages.

20

Conflict of Interest. Consultant hereby certifies that it does not now have nor

shall it acquire any financial or business interest that would conflict with the performance of

services under this Agreement.

21

Counterparts. This Agreement may be executed in multiple originals each of

which is deemed to be an original and may be signed in counterparts.

22

Laws. Consultant agrees that in the performance of this Agreement it will

reasonably comply with all applicable State Federal and local laws and regulations. This

Agreement shall be governed by and construed in accordance with the laws of the State of

California and the City of Monterey.

IN WITNESS WHEREOF this Agreement is entered into by the parties hereto on the

day and year first above written in Monterey California.

AUTHORITY

ONSULTANT

James M. Cullem P.E.

Executive Director MPRWA

Alex E.`Wesner P.E.

Vice President SPI

5


23/28


Date: June 23, 2015

Item No: 6.

№06/12


SUBJECT: Discuss, Provide Direction and Authorize Sending of CommentLetter to the PCA / Water Management District on the PureWater Monterey/Ground Water Replenishment (GWR) Project

RECOMMENDATION:

It is recommended that the Water Authority discuss concerns expressed byother agencies and interested parties concerning a firm long-termcommitment for, and physical availability of, adequate sources of intakewater to meet the demands of the Castroville Seawater Intrusion Project(CSIP), the Marina Coast Water District (MCWD), and the Pure WaterMonterey/Ground Water Replenishment (GWR) project.

DISCUSSION:

The viability of the GWR project is critical to decisions on the sizing of theMonterey Peninsula Water Supply Project (MPWSP) desal facility asdiscussed in the Settlement Agreement.

The Draft Environmental Impact Report (DEIR) for the GWR project hasbeen out for public comment since April 22, 2015, with comments due tothe Water Pollution Control District by June 5, 2015.

Although the submission date for comments has passed, in light of recent

comments on the potential or a loss of identified sources for GWR theWater Authority may want to consider whether a comment letter should besent to the MRWPCA in response to those concerns.


24/28


25/28


Date: June 23, 2015

Item No: 7.

№06/12


SUBJECT: Receive an Update on the Summary Project Schedule for the MontereyPeninsula Water Supply Project (MPWSP) Including Status of Slant TestWell Operations and Results

RECOMMENDATION:

It is recommended that the Water Authority Board receive a report from Cal Am on thelatest "Summary" MPWSP schedule, including an update of the "Dashboard", and a

report on the performance of, and data from, the test slant well.

DISCUSSION:

Cal Am will provide an update at the Water Authority meeting.

ATTACHMENTS:

A-Current Cal Am "Summary" Schedule for Permits and Approvals (to be provided

before or at the meeting)


26/28


27/28


Date: June 23, 2015

Item No: 8.

№06/12


SUBJECT:Receive Report, Discuss, Provide Staff Direction, and Authorizethe Water Authority Executive Director and/or President to Co-sign or Send Letter in Support of the Proposed Cease andDesist Order Extension Request

RECOMMENDATION:

It is recommended that the Water Authority Board receive an update onefforts by the settling parties, including California American Water Co. (CalAm), the Monterey Peninsula Water Management District (MPWMD), andthe Monterey Peninsula Regional Water Authority (MPRWA) to obtain anextension of the CDO 2009-60 deadline date of December 31, 2016.

DISCUSSION:

The Cal Am June 19, 2015 version of a Preliminary Draft Proposal for aCDO extension is attached and is available at the Authority web sitewww.mprwa.org.

Key principles included in the June 19 version are not materially changedfrom the March 10 proposal and include:

• A four-year extension of the CDO deadline from December 31, 2016to December 31, 2020.

• A new reduction schedule in regular increments during the extension,but suspension of the prescribed reductions if MPWSP milestonesare satisfied.


28/28

• Authority for the SWRCB staff to suspend a reduction correspondingto a missed milestone if staff determines that the milestone wasmissed due to circumstances beyond the control of Cal-Am,

MPWMD, and the Water Authority.• Suspension of the reduction would be triggered by a joint written

statement from Cal Am, the MPWMD, and the MPRWA that themilestone was missed for reasons outside our control. It is ourposition that such a statement is to be assumed to be correct, and ifthe SWRCB staff disagrees, the issue would be referred to the StateBoard for a decision. In any case, the community retains its rights tolitigate the issue if necessary.

The Authority will continue to gather public input before it takes a formalposition on the final draft proposal. However, as time is of the essence, theAuthority is requested to authorize the President, or Authority SpecialCouncil, to co-sign a Final Proposal, provided it is not materially differentfrom the June 19 Draft, no later than mid-July 2015.

ATTACHMENTS:

A- June 19, 2015 DRAFT Proposal to Amend SWRCB Order 2009-0060.