MPRWA Agenda Packet 04-12-18

Agenda
Monterey Peninsula Regional Water Authority (MPRWA)

Director's Meeting
7:00 PM, Thursday, April 12, 2018

Council Chambers
580 Pacific Street, Monterey
Monterey, California
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
REPORTS FROM BOARD DIRECTORS AND STAFF
PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any
subject which is within the jurisdiction of the MPRWA and which is not on the agenda. Any person
or group desiring to bring an item to the attention of the Authority may do so by addressing the
Authority 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 contact
the sender concerning the details.
CONSENT AGENDA
CONSENT AGENDA consists of those items which are routine and for which a staff
recommendation has been prepared. A member of the public or MPRWA Director may request
that an item be placed on the regular agenda for further discussion
1. Approval of Minutes from March 8, 2018 - Romero
2. Approve and File Authority Checks Through March 31, 2018 - Romero/Cullem
3. Adoption of Resolution 2018-02, Approving an Extension of the Contract for Executive

Director Services with Cullem Management Services LLC at a Price Not-to-Exceed
$90,000 for the Period July 1, 2018 to June 30, 2019 - Cullem
4. Adoption of Resolution 2018-03, Approving Donald G. Freeman as Legal Counsel through

June 30, 2019 and Authorizing the Authority President to Execute a Contract Extension
with Perry Freeman at a Price Not-to-Exceed $30,000 - Cullem
5. Adoption of Resolution 2018-04 Approving an Extension of the Agreement with the City of
Monterey for Clerk of the Board, Administrative, and Financial Support Services, and
Authorizing the Authority President to Execute a Contract Extension with the City of
Monterey at a Price of $35,000 for the Period July 1, 2018 to June 30, 2019 - Cullem
6. Receive FY 2017-2018 Budget Update, Adopt a $290,000 Budget for FY 2018-2019, and
Approve a Request for FY 2018-2019 Member Contributions - Cullem
Thursday, April 12, 2018
7. Receive Copy of CPUC Filing Made by Water Authority Special Counsel on Behalf of the
Authority in Opposition to a MCWD Motion to Refer Groundwater and Harm Issues Directly
to the SWRCB - Cullem
***End of Consent Agenda***
AGENDA ITEMS
8. Receive an Update on the Summary Project Schedule for the Monterey Peninsula Water
Supply Project (MPWSP) and the Status of Tbest Slant Well Operations - Cook
9. Receive Report, Discuss, and Provide Staff Direction on Authority Work Plan for the
Balance of FY 2017-2018 and for FY 2018-2019 - Cullem
ADJOURNMENT
The City of Monterey is committed to including the disabled in all of its services, programs and
activities. In compliance with the Americans with Disabilities Act, if you need special assistance
to 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 arrangements
to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will
be accommodated to the extent feasible. For communication-related assistance, dial 711 to use
the 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 hearing
amplification 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 public
inspection during the meeting or may be requested from the Monterey City Clerk’s Office at 580
Pacific St, Room 6, Monterey, CA 93940. This agenda is posted in compliance with California
Government Code Section 54954.2(a) or Section 54956.
2
Monterey Peninsula Regional Water Authority Date: April 12, 2018
Agenda Report Item No: 2.
FROM: Executive Director Cullem
SUBJECT: Approve and File Authority Checks Through March 31, 2018
RECOMMENDATION:
It is recommended that the Authority approve and file the accounts payable payments
made during the period March 1 through March 31, 2018, with total payments for the
above referenced period of $39,047.87 from the general fund account and authorize the
Directors to sign for such checks.
DISCUSSION:
At its meeting on September 12, 2013, the Authority Board approved a staff
recommendation to provide the Directors a listing of financial obligations since the last
report for inspection and confirmation. Each invoiced expense has been reviewed and
approved by the Executive Director and Finance personnel, as well as by the Water
Authority Treasurer and/or President as appropriate, prior to payment to insure that it
conforms to the approved budget.
The following checks are hereby submitted to the Authority for inspection and
confirmation:
• $5,590 – Cullem Management Services, LLC, for February
• $2,500 – Don Freeman, March retainer
• $26,832.87—Brownstein Hyatt Farber Schreck, Invoice 709784
• $4,125.00—McGilloway Ray Brown Kaufman, Invoice 2000023397
The bank balances as March 31, 2018, is sufficient cover the above checks, therefore
staff is recommending approval.
BUDGET UPDATE:
None
ATTACHMENTS:
None
SUBJECT: Adoption of Resolution 2018-02, Approving an Extension of the Contract

for Executive Director Services with Cullem Management Services LLC at
a Price Not-to-Exceed $90,000 for the Period July 1, 2018 to June 30,
2019
RECOMMENDATION:
It is recommended that the Water Authority Board extend the contract with
Cullem Management Services LLC for Executive Director services for FY
2018 -2019 and adopt Resolution 2018-02.
DISCUSSION:
At closed session on September 8, 2016, following its ad hoc committee

recommendation, the Water Authority Board approved a contract with Cullem
Management Services LLC for Executive Director (ED) services for the balance of FY
2016-2017.
Since the current contract expires on June 30, 2018, a contract extension for the
upcoming fiscal year is requested. The contract is at Attachment A and Resolution
2018-02 authorizing the extension is at attachment B.
BUDGET CONSIDERATIONS:
The Executive Director (ED) compensation for FY 2018-2019 is budgeted at not-to-

exceed $90,000.
ATTACHMENTS:
A- Contract with Cullem Management Services LLC

B- Resolution 2018-02
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ATTACHMENT A
MONTEREY PENINSULA REGIONAL WATER AUTHORITY
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES
THIS CONTRACT is executed this _______ day of _______________, 2018, by and

between the MONTEREY PENINSULA REGIONAL WATER AUTHORITY, a California joint
powers agency (hereinafter “MPRWA”), and CULLEM MANAGEMENT SERVICES, LLC
(hereinafter "CONSULTANT").
IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. Scope. CONSULTANT hereby agrees to provide to MPRWA ,as the scope of

services under this Contract, the services set forth in the Statement of Work, Exhibit “A”,
attached hereto and incorporated herein by this reference.
2. Timely Work. CONSULTANT shall perform all duties incidental or necessary in

a timely fashion; and shall be performed diligently, competently, and in accordance with
professional standards of performance. Failure to so perform is hereby deemed a material
breach of this Contract, and MPRWA may terminate this Contract with no further liability
hereunder. MPRWA may agree in writing with CONSULTANT to an extension of time. It is
expressly agreed and understood that CONSULTANT shall not be held responsible for delays
occasioned by factors beyond their control, nor by factors that could not reasonably have been
foreseen at the time of execution of this CONTRACT.
3. Term. The work under this Contract shall commence on July 1, 2018 and be
completed June 30, 2019, unless the parties agree to extend by Amendment or Change Order
to this Contract prior to its expiration.
4. Compensation. MPRWA shall pay CONSULTANT in an amount not to exceed

a total of $90,000 paid at a rate of $130 per hour based upon the percentage of work
completed, except for travel expenses approved by the Board of the MPRWA and in
accordance with this Contract.
Compensation under this Contract shall become due and payable thirty (30) days
after MPRWA’s approval of CONSULTANT’S submission of monthly written invoices. Written
invoices shall clearly itemize each charge including time sheets from any sub-consultants. The
payment of any compensation to CONSULTANT hereunder shall be contingent upon
performance of the terms and conditions of this Contract to the reasonable satisfaction of the
President of the Board of the MPRWA.
If the President determines that the work set forth in the written invoice has not
been performed in accordance with the terms of this Contract, MPRWA shall not be responsible
for payment until such time as the work has been performed to the reasonable satisfaction of
the Board President.
5. Additional Services. In the event that MPRWA should request additional

services not covered by the terms of this Contract, said additional services and compensation
shall be agreed upon in advance and in writing by CONSULTANT and the Board President.
CONSULTANT shall not be compensated for any additional services unless such additional
services and compensation are approved by the MPRWA Board of Directors in- as-much as all
contracts and/or change orders exceeding $10,000.00 require the approval of the Board of
Directors to be valid.
6. Staffing Plan. CONSULTANT shall provide MPRWA with the names of the key
professional personnel assigned to perform the services under the contract as well as a general
description of the services they will be assigned to perform.
7. Subconsultant Plan. If CONSULTANT intends to utilize the services of any

SUBCONSULTANTS to perform services under this contract, 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.
8. Substitution of Consultant Personnel. Key personnel of CONSULTANT or any

SUBCONSULTANT listed in the Exhibit C and assigned to perform work under this contract
may not be substituted with or replaced by other personnel or subconsultants without the
advance written consent of the Board President.
9. Meet and Confer. CONSULTANT agrees to meet and confer with MPRWA or
its agents or employees with regard to services as set forth herein as may be required by
MPRWA to insure timely and adequate performance of this Contract.
10. Suspension or Termination of Contract Without Cause. MPRWA may at any

time, for any reason, with or without cause, suspend or terminate this Contract, or any portion
hereof, by serving upon the CONSULTANT at least ten (10) business days prior written notice.
Upon receipt of said notice CONSULTANT shall immediately cease all work under this Contract
unless the notice provides otherwise. If MPRWA suspends or terminates a portion of this
Contract such suspension or termination shall not make void or invalidate the remainder of this
Contract.
In the event this Contract is terminated pursuant to this section MPRWA shall
pay CONSULTANT the actual value of the work performed up to the time of termination
provided that the work performed is of value and approved by MPRWA. Upon termination of
this Contract pursuant to this section CONSULTANT will submit an invoice to MPRWA pursuant
to section 4 of this Contract.
11. Default of CONSULTANT. CONSULTANT'S failure to comply with the

provisions of this Contract shall constitute a default. In the event that CONSULTANT is in
default for cause under the terms of this Contract, MPRWA shall have no obligation or duty to
continue compensating CONSULTANT for any work performed after the date of default and can
terminate this Contract immediately by written notice to CONSULTANT. If such failure by
CONSULTANT to make progress in the performance of work hereunder arises out of causes
beyond CONSULTANT'S control, and without fault or negligence of CONSULTANT, it shall not
be considered a default.
12. 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, if applicable), CONSULTANT shall defend (with legal counsel
reasonably acceptable to 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 sub-
consultant, anyone directly or indirectly employed by them, or anyone that they control
(collectively “Liabilities”). Such obligations to defend, hold harmless and Indemnify any
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Indemnitee 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 MPRWA 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 MPRWA for damage to or loss of

MPRWA property to the proportionate extent they arise out of CONSULTANT’S negligent
performance of the work associated with this Contract 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 MPRWA.
13. Insurance. CONSULTANT shall submit and maintain in full force insurance as
described herein. Without altering or limiting CONSULTANT’S duty to indemnify,
CONSULTANT shall maintain in effect throughout the term of this Contract a policy or policies of
insurance with the following minimum limits of liability:
A. Commercial general liability insurance. CONSULTANT shall provide

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 $2,000,000 in the aggregate.
B. Professional liability insurance. CONSULTANT shall maintain in effect

throughout the term of this contract professional liability insurance with limits of not less than
$1,000,0000 per claim and $1,000,000 in the aggregate.
C. Commercial automobile liability insurance. CONSULTANT shall provide

insurance covering all automobiles, including owned, leased, non-owned and hired automobiles,
used in providing services under this contract, with a combined single limit of not less than
$500,000 per occurrence.
D. Workers’ Compensation Insurance. If CONSULTANT employs others in the

performance of this Contract, CONSULTANT shall maintain workers’ compensation insurance in
accordance with California Labor Code section 3700 and with a minimum of $1,000,000 per
occurrence for employers’ liability.
E. Other Insurance Requirements
1). All insurance required under this Contract must be written by an

insurance company either:
a) Admitted to do business in California with a current A.M. Best rating of

no less than A:VI or;
b) An insurance company with a current A.M. Best rating of no less that

A: VII
Exception may be made for the State Compensation Insurance Fund

when not specifically rated.
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2). Each insurance policy required by this Contract shall be endorsed to state
that MPRWA shall be given notice in writing at least thirty (30) days in advance of
any cancellation thereof, except MPRWA shall be given TEN (10) days’ notice for
nonpayment of the premium.
3). The general liability and auto policies shall:
a) Provide an endorsement naming MPRWA, its officers, officials, and

employees as additional insureds under an ISO CG 20 10 07 04 and ISO
20 37 07 04 or their equivalent.
b) Provide that such insurance is primary and non-contributing insurance

to any insurance or self-insurance maintained by MPRWA.
c) Contain a “Separation of Insureds” provision substantially equivalent to

that used in the ISO form CG 00 01 10 01 or their equivalent.
d) Provide for a waiver of any subrogation rights against MPRWA via an

ISO CG 24 01 10 93 or its equivalent.
4). Prior to the start of work under this Contract CONSULTANT shall file
certificates of insurance and endorsements evidencing the coverage
required by this Contract with the Clerk of the MPRWA_Board.
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.
5). 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
Contract, which shall continue in full force and effect. Notwithstanding the
insurance requirements contained herein, CONSULTANT is financially
liable for its indemnity obligations under this Contract.
6). Any deductible or self-insured retentions must be declared to and

approved by MPRWA. At the option of MPRWA either: the insured shall
reduce or eliminate such deductibles or self-insured retentions as
respects MPRWA, its officers, officials, employees, and volunteers; or
CONSULTANT shall provide a financial guarantee satisfactory to
MPRWA guaranteeing payment of losses and related investigations,
claim administration, and defense expenses.
14. Ownership of Work, Copyrights, and Patents. Upon completion of the work
under this Contract, ownership and title to all materials and deliverables produced as part of this
Contract will automatically be vested in MPRWA and no further contract will be necessary to
transfer ownership to MPRWA. CONSULTANT shall not be held liable for any modification or re-
use of MPRWA-owned materials and deliverables for purposes outside their original intent.
15. Licensing. CONSULTANT represents that it is properly licensed to perform the

work specified under this Contract, including but not limited to, possession of a current City of
Monterey business license.
16. Termination. This Contract may be terminated by either party upon thirty (30)
calendar days written notice to the other party. In the event of such termination, MPRWA shall
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pay CONSULTANT for all services performed in accordance with this Contract to the date of
receipt of notice of termination. An itemized statement of the work performed to the date of
termination shall be submitted to MPRWA. In ascertaining the services actually rendered
hereunder up to the date of termination of this Contract, consideration shall be given to both
completed work and work in process of completion, and to complete and incomplete drawings
and other documents whether delivered to MPRWA or in the possession of the CONSULTANT.
17. Agency. In performing the services specified under this Contract, CONSULTANT
is hereby deemed to be an independent CONSULTANT and not an agent or employee of
MPRWA.
18. Authority of the Board President. CONSULTANT shall perform all necessary
services provided under this Contract and outlined in the proposal and shall do, perform, and
carry out said work in accordance with this Contract as determined by and to the reasonable
satisfaction of the Board President. The Board President, subject to the limitations of paragraph
5 of this contract, reserves the right to execute change orders which could make additions,
deletions, or changes to the scope of work as deemed necessary or advisable to implement and
carry out the purposes of this Contract.
19. Responsibility of CONSULTANT. By executing this CONSULTANT represents

and state to MPRWA that he/she possesses, or will arrange to secure from others, all necessary
professional capabilities, experience, resources and facilities necessary to provide to MPRWA
the services contemplated under this Contract. CONSULTANT further represents that he/she will
follow the current generally accepted practices of the profession to make findings, render
opinions, prepare factual presentations, and provide professional advice and recommendations
regarding the project for which services are rendered under this Contract.
20. Materials and Equipment. CONSULTANT shall furnish at his/her own expense,
all materials and equipment necessary to carry out the terms of this Contract.
21. Digital Files. CONSULTANT shall furnish copies of all deliverables on compact
disks (for example, final report) in digital format as well as any other format required by the scope
of work. Files shall be compatible with the current versions used by PC computers.
22. Audit Authority. CONSULTANT shall keep full and detailed accounts and
exercise such controls as may be necessary for proper financial management under this
Contract; the accounting and control systems shall be satisfactory to MPRWA. MPRWA and
MPRWA’S auditor shall be afforded access to CONSULTANT’s records, books, correspondence
and other data relating to this Contract. CONSULTANT shall preserve these records, books,
correspondence and other data relating to this Contract for a period of four (4) years after final
payment or for such longer period as may be required by law. In addition, CONSULTANT agrees
to make said records, books, correspondence and other data relating to this Contract available to
MPRWA at MPRWA’S principle place of business upon seventy-two (72) hours advance written
notice. The Board President, or his or her designee, shall at all times have the right to inspect the
work, services, or materials. CONSULTANT shall furnish all reasonable aid and assistance
required by MPRWA for the proper examination of the work or services and all parts thereof.
Such inspection shall not relieve CONSULTANT form any obligation to perform said work or
services strictly in accordance with the specifications of any modifications thereof and in
compliance with the law.
23. Notices. All notices herein provided to be given, or which may be given by either
party to the other, shall be considered fully received when made in writing and deposited in the
United States mail, certified and postage prepaid, and addressed to the respective parties as
follows:
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MPRWA: Monterey Peninsula Regional Water Authority
c/o Monterey City Clerk
580 Pacific Street
Monterey, CA 93940
CONSULTANT: Cullem Management Services LLC

5 Greenwood Rise
Monterey, CA 93940
24. Entire Contract. This Contract constitutes the entire contract between the
parties hereto and supersedes any and all prior contracts, whether oral or written, relating to the
subject matter thereof. Any modification of this Contract will be effective only if it is in writing
signed by the authorized representatives of both parties hereto. Each party is entering into this
contract based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material. Neither MPRWA nor
CONSULTANT shall be deemed to have waived any obligation of the other, or to have agreed
to any modification to this contract unless it is in writing, and signed by the authorized
representative of the party giving the waiver.
25. Validity. If any provision in this Contract 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.
26. Assignment of Interest. The duties under this Contract shall not be assignable,
delegable, or transferable without the prior written consent of MPRWA. Any such purported
assignment, delegation, or transfer shall constitute a material breach of this Contract upon
which MPRWA may terminate this Contract and be entitled to damages.
27. Conflict of Interest/Political Reform Act. CONSULTANT shall at all times

avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this
Contract. CONSULTANT hereby certifies that neither it nor its SUBCONSULTANTS now have,
nor will they acquire, any financial or business interest that would conflict with the performance
of services under this contract. During the term of this Contract CONSULTANT shall not
directly nor indirectly, either as a partner, employer, employee, consultant, principal, and agent
or in any individual or representative of MPRWA, engage or participate in any business or
voluntary activity on behalf of any other party on any property located within the Monterey
Peninsula without notification to the Board President.
If MPRWA determines CONSULTANT comes within the definition of

CONSULTANT under the Political Reform Act (Government Code Sections 87100 et seq.)
CONSULTANT shall complete and file, and shall require any other person doing work under this
Contract, to complete and file a "Statement of Economic Interest" with MPRWA disclosing
CONSULTANT'S and/or such other person's financial interests.
28. Non-discrimination/Affirmative Action. CONSULTANT will not discriminate

against any employee or applicant for employment because of race, creed, color, sex, age,
national origin, marital status, physical or other motor handicap, unless based upon bonafide
occupational disqualification.
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CONSULTANT will take affirmative action to ensure that applicants are employed
and that employees are treated during employment without regard to their race, creed, color,
sex, age, national origin, marital status, physical or other motor handicap.
29. Counterparts. This Contract may be executed in multiple originals, each of

which is deemed to be an original, and may be signed in counterparts.
30. Laws. CONSULTANT agrees that in the performance of this Contract it will
reasonably comply with all applicable state, federal and local laws and regulations. This
Contract shall be governed by and construed in accordance with the laws of the State of
California.
31. Attorneys Fees and Court Venue. Should either party to this Contract bring
legal action against the other, (formal judicial proceeding, mediation or arbitration), the case
shall be handled in Monterey County, California, and the party prevailing in such action shall be
entitled to a reasonable attorney’s fee which shall be fixed by the judge, mediator or arbitrator
hearing the case and such fee shall be included in the judgment, together with all costs.
32. Severability. If any term of this Contract is held invalid by a court of competent
jurisdiction, the remainder of this Contract shall remain in effect.
IN WITNESS WHEREOF, this Contract is entered into by the parties hereto in Monterey,
California, on the day and year first written above.
MONTEREY PENINSULA REGIONAL WATER AUTHORITY:
By: _____________________________ Date: ______________________
Its: _____________________________
CONSULTANT:
By: _____________________________ Date: ______________________
Its:
ATTEST:
By: _____________________________ Date: ______________________
Its:
APPROVED AS TO FORM:
By: _____________________________ Date: ______________________

Donald G. Freeman
Its: MPRWA Attorney
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ATTACHMENT B
MPRWA RESOLUTION NO. 2018-02
A RESOLUTION OF THE MONTEREY PENINSULA REGIONAL WATER

AUTHORITY AUTHORIZING THE AUTHORITY PRESIDENT TO EXECUTE A
CONTRACT WITH CULLEM MANAGEMENT SERVICES, LLC FOR EXECUTIVE
DIRECTOR SERVICES
WHEREAS, Cullem Management Services, LLC (Cullem LLC) has offered to

continue to provide James. M. Cullem to serve the Monterey Peninsula Regional Water
Authority (MPRWA) as Executive Director, and
WHEREAS, in FY 2018-2019, the Water Authority Board is projected to budget

$90,000 for Executive Director services, which funding should be sufficient for those
services,
NOW, THEREFORE, BE IT RESOLVED, that the Board President of the

MPRWA is hereby authorized to execute on behalf of MPRWA a Contract with Cullem
LLC, at a total price not-to-exceed $90,000, for James M. Cullem to continue serving as
the Executive Director, with duties as defined in Attachment A, for FY 2018-2019.
PASSED AND ADOPTED BY THE MONTEREY PENINSULA REGIONAL

WATER AUTHORITY this ____day of ____ 20____, by the following vote:
AYES: 0 DIRECTORS:
NOES 0 DIRECTORS:
ABSENT: 0 DIRECTORS:
ABSTAIN: 0 DIRECTORS:
APPROVED:
ATTEST:
Bill Kampe, President
Nova Romero, Clerk to the Authority

SUBJECT: Adoption of Resolution 2018-03, Approving Donald G. Freeman as Legal

Counsel through June 30, 2019 and Authorizing the Authority President to
Execute a Contract Extension with Perry Freeman at a Price not-to-exceed
$30,000
RECOMMENDATION:
It is recommended that the Monterey Peninsula Regional Water Authority (MPRWA)

adopt Resolution 2018-03 approving Donald G. Freeman as legal counsel through June
30, 2019 and authorizing the Authority President to execute a contract extension with
Perry Freeman at a price not-to-exceed $30,000.
DISCUSSION:
Following a formal Request for Qualifications (RFQ) for legal services for the Water
Authority conducted during August and September 2012, an Ad-Hoc committee of the
MPRWA recommended selection of Perry and Freeman (Donald G. Freeman). On
September 27, 2012, the Water Authority adopted a resolution selecting Mr. Freeman to
be legal counsel. On December 10, 2012, Mr. Freeman provided the Water Authority
with waivers of conflict of interest from all other participating jurisdictions to which he
has professional, contractual obligations.
Due to Don Freeman's extensive knowledge of the water supply issues that the Water
Authority has dealt with the last three years, and in light of his excellent performance in
the position of Authority Counsel, the Executive Director recommends the Authority
maintains continuity with Donald G. Freeman, at least through June 30, 2018.
Resolution 2018-03 approves an extension of Donald G. Freeman as Authority legal

counsel through June 30, 2019 and authorizes the Authority President to execute a
contract extension accordingly.
№06/12
The budget for FY 2018-2019 will request a maximum of $30,000 for Legal Counsel
services through June 30, 2019.
ATTACHMENTS:
A-Resolution 2018-03
B-Legal Services Agreement
ATTACHMENT A
MPRWA RESOLUTION NO. 2018-03
A RESOLUTION OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY

ACKNOWLEDGING DONALD G. FREEMAN AS LEGAL COUNSEL FOR THE MONTEREY
PENINSULA REGIONAL WATER AUTHORITY AND AUTHORIZING THE PRESIDENT TO
EXTEND A CONSENT AND WAIVER OF CONFLICT OF INTEREST
WHEREAS, Donald G. Freeman has been requested to continue to represent the

Monterey Peninsula Regional Water Authority (MPRWA);
WHEREAS, Donald G. Freeman is currently the City Attorney for the City of Seaside;
WHEREAS, Donald G. Freeman and MPRWA recognize the potential conflict of interest
which may arise as a result of Donald G. Freeman’s legal representation of MPRWA and the
City of Seaside;
WHEREAS, MPRWA wishes to acknowledge Donald G. Freeman as legal counsel for

MPRWA;
WHEREAS, the President of MPRWA and members of the MPRWA Board of Directors
have reviewed a letter from Donald G. Freeman dated November 20, 2012, indicating that Mr.
Freeman does not believe that his legal services for the Monterey Peninsula Regional Water
Authority will have any impact on his full and effective representation of each party, and does
not believe he has knowledge of any confidential information from any party which would be
material or relevant to his representation of MPRWA and the City of Seaside;
WHEREAS, Donald G. Freeman recognizes that by concurrently representing the

MPRWA and the City of Seaside an issue of divided loyalty, such as in litigation, could possibly
arise at some future date, and that at that time it could be necessary for him to make full
disclosure to all parties, could be subject to disqualification from representing any party, and at
such time it would be necessary for each party to seek independent legal counsel;
WHEREAS, the City of Seaside has passed its Resolution and its Mayor has executed
the Consent and Waiver of Conflict of Interest;
WHEREAS, the President and Board of Directors have reviewed this request with
independent legal counsel;
WHEREAS, according to Rule 3-310 of the California Rules of Professional Conduct

applicable to California lawyers which requires informed written consent of all represented
parties because of concurrent representation, MPRWA recognizes that Donald G. Freeman is
the City Attorney for the City of Seaside;
WHEREAS, the Board of Directors has been fully satisfied with the performance of
Donald G. Freeman during the period of his tenure as Authority legal Counsel between
September 27, 2012 and the present;
ATTACHMENT A
WHEREAS, due to the critical nature of on-going legal activities associated with the
CPUC consideration of the California American Water application for the Monterey Peninsula
Water Project, the Board of Directors finds that the public interest is better served by renewing
Donald G. Freeman’s contract at this time than to re-advertise a request for proposal for legal
services and;
WHEREAS Board of Directors wishes to authorize the President to extend a Consent

and Waiver of Conflict of Interest, and hereby acknowledges Donald G. Freeman as legal
counsel for the Monterey Peninsula Regional Water Authority, at a total fee not-to-exceed
$30,000.00 for the period July 1, 2018 to June 30, 2019.
NOW, THEREFORE, BE IT RESOLVED, that the President of MPRWA is hereby

authorized to extend on behalf of MPRWA a Consent and Waiver of Conflict of Interest thereby
acknowledging Donald G. Freeman as legal counsel for the Monterey Peninsula Regional Water
Authority and authorizes the President to execute a contract extension with Donald G. Freeman
for legal counsel services.
PASSED AND ADOPTED BY THE MONTEREY PENINSULA REGIONAL WATER

AUTHORITY this ____day of ____ 201___, by the following vote:
AYES: 0 DIRECTORS:
NOES: 0 DIRECTORS:
ABSENT: 0 DIRECTORS:
ABSTAIN: 0 DIRECTORS:
APPROVED:
ATTEST:
Clerk to the Authority

ATTACHMENT B
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT, made and entered into this ___ day of _____________,
2018, by and between the MONTEREY PENINSULA REGIONAL WATER AUTHORITY,
hereinafter referred to as "MPRWA", and DONALD G. FREEMAN of the Law
Offices of Perry and Freeman, hereinafter referred to as "Attorney", both
of whom understand as follows:
A. Term: The term of this Agreement shall be for one (1) year
commencing July 1, 2018, and shall terminate on June 30, 2019, unless
terminated pursuant to paragraph H. of this Agreement.
B. Compensation. Attorney will provide general legal services to

MPRWA for a retainer of $2,500.00 per month commencing July 1, 2018.
C. Reimbursement of Costs. Attorney shall be reimbursed for

actual out-of-pocket expenses and costs advanced or paid on behalf of the
MPRWA, including court reporter fees and charges, court costs, and costs
of outside investigators or experts pertaining to MPRWA litigation. When
specifically required to travel out of the county to conduct MPRWA
related business expenses shall be billed as actual out-of-pocket costs
unless otherwise negotiated. There will be no charge for actual travel
time.
D. Ordinary Services. Legal advice and legal opinions to MPRWA

on matters including, but not limited to, public sector policies and
procedures, the Ralph M. Brown Act, the Public Records Act, conflicts of
interest, general public agency law, Board of Directors' actions, and
attendance at regular and special meetings of the Board of Directors or
Board of Directors' committees as requested,
E. Extraordinary Legal Services. Preparation of complex legal

documents, representing MPRWA in court appearances, litigation, or in
proceedings before other public or administrative bodies, or legal
services provided to any independent or separate agency or entity of
government not operated as an integral part of MPRWA.
F. Miscellaneous. MPRWA recognizes that Attorney has a private

law practice currently located in Carmel-by-the-Sea, California, and will
retain that office as his principal place of business. In addition,
MPRWA recognizes Attorney is the City Attorney for the City of Seaside as
well as general legal counsel for the Association of Monterey Bay Area
Governments (AMBAG); and that Attorney also represents and advises other
public entities upon request. The City of Seaside approved and signed a
conflict waiver on October 18, 2012. MPRWA approved a conflict waiver on
December 10, 2012.
G. Association of Special Legal Counsel. MPRWA and Attorney

recognize, that from time to time, it may become necessary to associate
with special legal counsel for matters involving litigation, labor
negotiations, worker's compensation personnel or bond issue proceedings
and other matters where either MPRWA Board of Directors or Attorney feel
−1−
ATTACHMENT B
effective representation requires special legal counsel.
H. Termination. Either party may terminate this Agreement

without cause by providing written notice to the other party in the
manner set forth in item I. of this Agreement at least 30 days prior to
the effective date of termination.
I. Notices. All notices herein provided to be given, or which

may be given by either party to the other, shall be considered fully
received when made in writing and deposited in the United States mail,
certified and postage prepaid, and addressed to the respective parties as
follows:
MPRWA: ATTORNEY:
President, Board of Directors Donald G. Freeman

Monterey Peninsula Regional Perry and Freeman
Water Authority P.O. Box 805
580 Pacific Street Carmel, CA 93921
Monterey, CA 93940
J. Immunity. As an authorized representative of MPRWA, Attorney

shall be recognized as having rights to any immunity MPRWA is entitled
to. In no event shall any duties contained in this Agreement, or
otherwise herein, negate any legal protections or immunities available to
the parties under local, state or federal law.
IN WITNESS WHEREOF, MPRWA has caused this agreement to be signed and

executed on its behalf by its President, and duly attested by its Clerk;
and the Attorney has signed and executed this agreement in duplicate
originals the day and year first hereinabove written.
MPRWA
_____________________________
ATTORNEY:
ATTEST:
_____________________ _________________________
Donald G. Freeman Clerk of the Board
−2−
SUBJECT: Adoption of Resolution 2018-04 Approving an Extension of the Agreement

with the City of Monterey for Clerk of the Board, Administative, and
Financial Support Services, and Authorizing the Authority President to
Execute a Contract with the City of Monterey for at a Price of $35,000 for
the Period July 1, 2018 to June 30, 2019.
RECOMMENDATION:
It is recommended that the Authority adopt Resolution 2018-04 authorizing an extension

of the agreement with the City of Monterey for Clerk of the Board, administrative, and
Financial Support services, and authorize the Authority President to execute a contract
accordingly on behalf of the Water Authority at a price of $35,000 for the period July 1,
2018 to June 30, 2019.
DISCUSSION:
In order to provide a maximum of continuity and to retain access to the City of Monterey
(Agency of Record) computer system, the City of Monterey contracted with the Water
Authority to provide clerk of the Board and Clerical Support Services from July 1, 2017
through June 30, 2018.
The City of Monterey has indicated a willingness to extend the contract for
administrative support and Clerk of the Board services (Attachment A) and to assume
responsibility for financial support services for FY 2018-2019 at an annual fee of
$35,000.
Funding for this agreement in FY 2018-2019 will be addressed during budget

discussions in May 2018.
ATTACHMENTS:
A- Contract with City of Monterey for FY 18-19

B- Resolution 2018-04
ATTACHMENT A
AGREEMENT BETWEEN THE - CITY OF MONTEREY

AND THE MONTEREY PENINSULA REGION AL WATER AUTHORITY
.
PROVIDING CLERK OF THE BOARD OF DIRECTORS,

FINANCIAL ACCOUNTING SERVICES, AND PRINCIPAL OFFICE
OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY
THIS AGREEMENT, by and between the City of Monterey (hereinafter "City"), a

municipal corporation, and the Monterey Peninsula Regional Water Authority, a Joint Powers
Authority (hereinafter "MPRWA"), collectively "Party" or "Parties", is made and entered into this
2.42 day of pruJou&i-- , 2016.
WHEREAS, MPRWA desires to utilize the services of City Staff as Clerk of its Board of
Directors, City's Finance Department for financial accounting services, and to provide space for
the principle office of MPRWA, as more fully set forth in Exhibit A attached hereto and
incorporated herein by this reference; and
WHEREAS, City is willing to provide such services and office space to MPRWA upon
the terms and conditions set forth herein; and
WHEREAS,. California Government Code Section 54981 prOvideS that the City Council Of
Monterey and the Board of Directors Of MPRWA relay cOntrabt for performance of municipal
services by the former within the territory of the latter
NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the
parties as herein expressed, City and MPRWA agree as follows:
1. SERVICES TO BE PROVIDED. MPRWA hereby engages City to perform, and City

hereby agrees to perform, the services described in Exhibit A in conformity with the terms of this
Agreement.
1.01. DUTIES OF CITY AND MPRWA. See attached Exhibit A incorporated herein by
this reference.
1.02. EXTRAORDINARY WORK. City shall not perform extraordinary work without
written authorization from MPRWA's President or designee, and without the agreement of City's
City Manager or designee. Any extraordinary Work so authorized shall be Within the general
scope of work set forth in this Agreement.
2. PAYMENTS BY MPRWA. MPRWA shall pay City in accordance With the payment
provisions set forth in the attached Exhibit A, subject to the limitations.set forth in this
Agreement.
3. TERM OF AGREEMENT.
3.01. INITIAL TERM. The term of this Agreement shall be from July 1, 2016 through
June 30, 2017; unless sooner terminated pursuant to the terms set forth In Section 8 herein. •
3.02. EXTENSIONS. This Agreement may be extended by consecutive one (1) year
periods, or for shorter extension periods as agreed to by the parties, by Written mutual
agreement of City's City Manager and MPRWA's President specifying the renewal and end
Agreement,* Ag-5654 - Page 1 of 8

ATTACHMENT A
dates. Should either party decide not to extend the.Agreemeht beybrid the initial ono (1) year or
subsequent one (1) year terms, notice of such decision shall be provided to the other party no
later than 30 days before the expiration date of the Agreement.
4. PERFORMANCE STANDARDS.
4.01. City warrants that City and City's agents, employees, and subcontractors
performing services under this Agreement are specially trained, experienced, competent, and
appropriately licensed (if applicable) to perform the work and deliver the services required under
this Agreement, and that they are not employees of MPRWA.
, •
. 4.02. City, its agents, employees and Subcontractors shall perform all Work in a safe
and Skillful Mean& and in Carripliatiee With all applidable laws and regulations. All *ark
performed Under. this Agreement that is reqUired by law to be pedalled or supervised by
licensed personnel shall be performed in accordance with such licensing requirements.
4.03. City shall furnish all materials, equipment, and personnel necessary to carry out
the specific services set forth in Exhibit A herein, except as otherwise specified in this
Agreement.
4.04. City shell perform all services set forth in Exhibit A in a timely manner consistent
With the time City VirdUld -perfarit Similar services Within itS own jurisdiction whenever possible;
however, City projects Shall be .given priority Over- MPRWA.pfojects if _scheduling conflicts arise
and City shall not be liable for any delays in performing MPRWA's work if such delays are
caused by such scheduling conflicts..
5. PAYMENT CONDMONS.
5.01. Payradrit for City's services under this Agreement shall be Made by MPRWA upari
submission by City of an invoice as set forth in Exhibit A herein. Payment shall be made within
thirty (30) days after receipt of such invoice. Any disputed invoices shall be brought to City's
attention within ten (10) days of receipt or invoices will be deemed acceptable.
6. TERMINATION.
6.01. During the tent of this Agreement, either party may tefraitiate the Agreement for
any reason by giving written notice of termination to the Other party at least thirty (30) days prior
to the effective date of termination. In the event of an adverse claim or litigation involving either
party and related to the services of this Agreement, this Agreement may be terminated by either
party giving written notice at least ten (10) days prior to the effective date of termination. Any
termination notice shall set forth the effective date of termination.
6.02. MPRWA may cancel and terminate this Agreement for good cause effective
immediately Upon Written notice to City. "Good cause" includes the failure of City to perforra the
required services at the time and in the manner provided under this Agreement. If MPRWA
terminates this Agreement for good cause, MPRWA may be relieved of the payment of any
consideration to City. The cost to MPRWA shall be deducted from any sum due City under this
Agreement.
Agreement #: Ag-5654 - Page 2 of 8

ATTACHMENT A
6.03. City may cancel and terminate this Agreement for good cause effective
immediately upon written notice to mPFPN.A. "Good cause" includes but is not limited to failure
of MPRWA to pay City at the time and in the manner provided under this Agreement or other
failure of MPRWA to fulfill its responsibilities set forth in Exhibit A herein. Termination of this
Agreement pursuant to this section shall not be constrUed to limit City's right to obtain, by any
means available at law, the amount MPRWA still owes City.
7. IMMUNITY.
7.01 As MPRWA's authorized representative, City shall be recognized as having

rights to any immunities ills entitled to In no event shall any duties contained in Exhibit A, or
otherwise herein, negate any legal protections or immunities available to the parties under local,
state Or federal WA,.
8. MUTUAL INDEMNIFICATION.
8.01 Each Party shall indemnify, defend and hold harmless the other Party, to the extent
allowed by law and in proportion to fault,_ against any and all third-party liability for claims,
demands, costs Or judgments (direct, indirect, incidental or consequential) involving bodily
injury, personal injury, death, property damage or other costs or expenses (including reasonable
attorneys fees, costs and expenses) arising or resulting from the acts or omissions of its own
officers, agents, employees or reproSentatives carried Out pursuant to the obligations of this
Agreement.
8.02 Each Party shall protect, defend, indemnify and hold harmless the other Party
(including their officials, employees and agents as the same may be constituted now and from
time to time hereafter) from and against any and all liabilities, losses, damages, expenses or
costs, whatsoever (including reasonable attorneys' fees, costs and expenses), which may arise
against or be incurred by the other Party as a result of or in connection with any actual or
alleged breach of this Agreement by either Party.
8.03 Except for any duties either Party owes to the other pursuant to the provisions of
this Agreement, nothing in this Agreement shall be construed to waive any legal protections or
immuriities available to the Parties understate or federal law.
9. INSURANCE.
9.01 Each party shall maintain in effect, at its ouVn cost and expense, the following
insurance coverage provided either through a bona fide program of self-insurance, commercial
insurance policies, or any combination thereof as follows:
a. Commercial General Liability or Public Liability with minimum limits of $1,000,000

per occurrence and $2,000,000 in the aggregate. Each party shall prove that is self
insured to the limits specified or have its insurance policy endorsed to name the
other party additionally insured.
b. Auto Liability including owned, leased, non-Owned, and hired automobiles, with a
combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in
the aggregate.
Agreement #: Ag-5654 - Page 3 of 8 ee

ATTACHMENT A
c. If a Party employs others in the performance of this Agreement, that Party shall
maintain Workers' Compensation in accordance with California Labor Code section
3700 with a minimum of $1,000,000 per occurrence for employer's liability, for the
duration of time that such workers are employed.
d. Each Party shall maintain in effect throughout the term of this agreement all risk
property inSUrande, exClUding earthquake and flood, on all permanent property of an
insurable nature in an amount sufficient to cover at least 100% of the replacement
costs of said property.
9.02 All insurance required by this Agreement shall:
a. Be placed (1) with companies admitted to transact insurance business in the State of
California and with a current A.M. Best rating of 00 lets than AMI. of With carriers
With a CUrrent. A.M. Best rating of no lest than A:VII; or (2) disclosed seiNnstirenCe
With limits acceptable to the other party;
b. Provide that each Party's insurance is primary and non-contributing insurance to any
insurance or self-insurance maintained by the other party and that the insurance of
the other party shall not be called upon to contribute to a loss covered by a party's
insurance; and
c. S.uOsequent to execution Of this Agreement, each party shall file certificates of

insurance With the Other party evidencing that the reqUired insurance is in effect.
10. NON-DISCRIMINATION. During the performance of this Agreement, City, and its
subcontractors, shall not unlawfully discriminate against any person because of race, religious
creed, color, sex, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, age (over 40), or sexual orientation, either in City's employment
practices or in the furnishing of services to recipients. City shall ensure that the evaluation and
treatment of its employees and applicants for employment and all persons receiving and
requesting services are free Of suoh disCrirnination. City and any subContractOr shall, in the
perfOrthance of this Agreement, fully comply with all federal, state, and local laws and
regulations which prohibit discrimination. The provision of services primarily or exclusively to
such target population as may be designated in this Agreement shall not be deemed to be
prohibited discrimination.
11. NOTICES. Notices required under this Agreement shall be delivered personally or by
first-class, postage prepaid mail to MPRWA's and City's contract administrators at the
addresses listed below:
FOR MPRWA: FOR CITY:
Jim Cullem Michael McCarthy

Executive Director City Manager
clo 735 Pacific Street City Hall
Monterey, CA 93940 Monterey, CA 93940
Ph: 831-238-0009 Ph. (831) 646-3760
Agreement #: A9 - 5654 - Page 4 of 8

ATTACHMENT A
12. MISCELLANEOUS PROVISIONS.
13.01. Conflict of Interest. City represents that it presently has no interest and agrees
not to acquire any interest during the term of this Agreement which would directly or indirectly
conflict in any manner or to any degree with the full and complete performance of the
professional services required to be rendered under this Agreement.
13.02. Amendment. This Agreement may be amended or modified only by an

instrument in Writing Signed by MPRWA and City.
13.03. Waiver. Any waiver of any terms and conditions of this Agreement must be in
writing and signed by MPRWA and City. A waiver of any of the terms and conditions of this
Agreement shall not be construed as a waiver of any other terms or conditiOns in this
Agreement.
13.04. Disputes. City shall continue to perform under this Agreement during any
dispute. City arid MPRWA hereby agree to make good faith efforts to resolve disputes as
quickly as possible.. In the event any dispute arising frOm or related to this Agreement results in
litigation or arbitration, the prevailing party shall be entitled to recover all reasonable cOstt
incurred, including court costs, attorney fees, expenses for expert witnesses (whether or not
called to testify), expenses for accountants or appraisers (whether or not called to testify), and
other related expenses., Recovery of these expenses shall be as additional costs awarded to
the prevailing party, and shall not require initiation of a separate legal proceeding.
13.05. Assignment and Subcontracting. City shall not assign, sell, or otherwise transfer
its interest or obligatigni in this Agree-Mont WithoOt the prior Written consent of MPRWA. None of
the services covered by this Agreement shall be subcontracted without the prior Written approval
of MPRWA. Notwithstanding any such subcontract, City shall continue to be liable for the
performance of all reqUirements of this Agreement.
13.06. Successors and Assigns. This Agreement and the rights, privileges, duties, and
obligations of MPRWA and City under this Agreement, to the extent assignable or delegable,
shall be binding upon and inure to the benefit of the parties and their respective successors,
permitted assigns, and heir's.
13.07. Compliance with Applicable Law. The parties shall comply with all applicable
federal, state, and local laws and regulations in performing this Agreement.
13.08. Headings. The headings are for convenience only and shall not be used to
interpret the terms of this Agreement.
13.9. Time is of the Essence. Time is of the essence in each and all of the provisions
of this Agretime-rit.
13.10. Governing Law. This Agreement shall be governed by and interpreted under the
laws of the State of California.
13.11. Non-exclusive. Agreement. This Agreement is non-exclusive and both MPRWA

and City expressly reserve the right to contract with other entities for the same or similar
services.

ATTACHMENT A
13.12. Construction of Agreement. MPRWA and City agree that each party has fully
participated in the review and revision of this Agreement and that any rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement orrany amendment to this Agreement.
13.13. Counterparts. This Agreement may be executed in two or more counterparts,

each of which shall bedeemed an original, but all of which together shall constitute one and the
same Agreement.
13.14. Authority. Any individual executing this Agreement on behalf of MPRWA or City
represents and warrants hereby that he or she has the requisite authority to enter into this
Agreement on behalf of such party and bind the party to the terms and conditions of this
Agreement.
13.15.1ntegration._ This Agreement, including the exhibits and any documents .

incorporated by reference, represent the entire Agreement. between MpRWA and City with
respect to the subject Matter Of this Agreement and shall supersede all prior negotiations,
representations, Or -agreernents, either written or Oral,. between MPRWA and city - as Of the
effective date of this Agreement, which is the date that MPRWA Signs the Agreement..
1-3.16 Interpretation of ConfliCtino Provisions. In the event of any conflict or

inconsistency between the provisions of this Agreement and the Provisions of any exhibit or
other attachment to this Agreement, the provisions of this Agreement shall prevail and control.
13.17 Severabilitv. If any of the provisions contained in the Agreement are held illegal,
invalid, Or u-nenfOrbeable, the enforceability of the remaining provisions shall hot be impaired
thereby. Limitations of liability and indemnities shall survive termination Of the Agreement for
any cause. If a part of this Agreement is valid, all valid parts that are severable from the invalid
part remain in effect. If a part of this Agreement is invalid in one or more of its applications, the
part remains in effect in all valid applications that are severable from the invalid applications.
IN WITNESS WHEREOF, MPRVVA and City have executed this Agreement as of the
day and year hereinabove set forth.
CITY OF MONTEREY MONTEREY PENINSULA REGIONAL

WATER AUTHORITY
By: a ;Ai
President
Agreement #: Ag-5654 - Page 6 of 8 CDC

ATTACHMENT A
EXHIBIT A
I. OFFICE OF THE AUTHORITY and CLERK OF THE AUTHORITY SERVICES
1. City of Monterey to Provide.the Following:
A. Serve as the official business and operational office of the Authority
B. Clerk of the Board Services:
• PrOduce and distribute Agendas and Packets for Board and TAG meetings
• Attend & take minutes at Board and TAC meetings
• Transcribe, format, & finalize meeting minutes
• Provide audio recOrdingsdf meetings
• Complete administrative paperwork to follow up on Board actions
• Records management services including but not limited to responding to Public
Records Act requests
• FPPC filing administration
• Website administration
C. Equipment:
• Monterey City Council Chamber as a meeting facility

• Audio-visual eqUipment that exists in the Council Chamber
• Office space and computer work stations with content management softWare in
Monterey
• Administrative and clerical supplies related to Clerk's Office activity
Miscellaneous Services Performed by City of Monterey:
• MOriterey to set up and prepare Council Chamber for Board and TAG meetings
• Payroll Services for Monterey employee(s) providing these services
• Tracking of employee hours and resultant costs of services provided
2. MPH WA to Provide the.FollOWing:
• An annual fee of $29,000 paid to the City of Monterey in quarterly installments in

the amount of $7,250 each, due within 30 days after the end of each quarter.

ATTACHMENT A
II. FINANCIAL ACCOUNTING SERVICES
1. City of Monterey to provide the following services, as described further in the

Financial Policle.s and_ Procedures of the Monterey Peninsula Water Authority* adopted
by the Boafd on Marth 13. 2014 ("Figancial Policies"):
A. Financial Accounting Services:
• Preparation of the accounts payable processing

• Preparation of accounts receivable invoices
• Cash receipts input and bank deposits
• Journal entries for general ledger
• Form 1099 reporting
• Monthly bank reconciliations and final year-end bank reconciliation
• Preparation of the monthly accounts receivable aging report
• Preparation of quarterly accounting reports
• Provide support to the Director with the preparation for the annual financial audit
and provide information as requested by the auditors
B. Equipment:
• Office space and computer work station

• Administrative and clerical supplies necessary to provide financial accounting
services
*The roles defined as "Clerk" and "Finance Specialist', as set forth in Paragraph 1 of the
section entitled "Financial Responsibilities and Procedures" of the Financial Policies, are
unique to the prior contractor, city of Seaside, and do not translate accordingly to staff at
the City of Monterey. As such, the parties agree that the specific rOlas, duties, approvals,
and supervision of the Clerk and Finance Specialist desbribed in the Financial Policies
shall not be applicable to or binding on the City of Monterey. Monterey agrees, however,
that it will perform the basic tasks outlined in the Financial Policies in a manner that
continues to maintain both internal controls and separation of duties.
II. MPRWA to Provide the Following:
• An annual fee of $6,000, paid to the City of Monterey in quarterly installments of

$1,500 each, due Within 30 days after the end of each quarter.
• OuickBooks software and license and data file containing prior period history
through June 30, 2016.

ATTACHMENT A
March 29, 2018
Bill Kampe, MPRWA President

Monterey Peninsula Regional Water Authority
580 Pacific St. Rm 6
Monterey, CA 93940
Re: 2nd Extension of Contract for Providing Clerk of the Board of Directors, Account
Services, and Principal Office of the Monterey Peninsula Regional Water Authority
(Ag-5654)
Dear President Kampe:
The City of Monterey would like to extend its contract with the Monterey Peninsula
Regional Water Authority, entered into August 26, 2016, for an additional 12 months. Said
extension shall commence July 1, 2018 and terminate June 30, 2019. This extension is
authorized by paragraph 3 of the original contract which allows for options to extend the contract
term granted by written agreement of both parties.
It is agreed by the City and the Monterey Peninsula Regional Water Authority that all other
terms and conditions of the original contract shall remain unchanged.
Please indicate your agreement by signing below and returning the original of this letter to
me. Thank you for your cooperation.
Very Truly Yours,
Hans Uslar,
Interim City Manager
The undersigned, on behalf of the Monterey Peninsula Regional Water Authority, hereby
agrees to the terms and conditions as set forth above:
Dated: ________________ By: ___________________________

MPRWA President
___________________________
Print Name
T00003-CA (v. 1.3 – 02/23/2018)

ATTACHMENT B
RESOLUTION NO. 2018-04
RESOLUTION OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY

EXTENDING AN AGREEMENT WITH THE CITY OF MONTEREY FOR PROVIDING
ADMINISTRATIVE, BOARD CLERK, AND FINANCIAL SERVICES
WHEREAS, the City of Monterey is a participating Member of the Monterey

Peninsula Regional Water Authority; and
WHEREAS, the Authority has deemed it to be more efficient to contract for

continuous administrative services rather than rotating between member cities; and
WHEREAS, the City of Monterey served as the Office of Record for the Authority
from 2012 to 2017; and
WHEREAS, the City of Monterey resumed the contract with the Authority to provide
administrative support and Clerk of the Board services from January 1, 2016 to June 30,
2017; and
WHEREAS, the City of Monterey contracted to continue providing administrative

support and Clerk of the Board services, and to assume financial support services, for the
period July 1, 2016 to June 30, 2017; and
WHEREAS, the City of Monterey has agreed to continue providing administrative

support, Clerk of the Board services, and financial support services for the period July 1,
2018 to June 30, 2019 at a fee of $35,000;
NOW THEREFORE BE IT RESOLVED, that the Authority President is hereby

authorized to extend the contract between the Monterey Peninsula Regional Water
Authority and the City of Monterey to provide administrative, Board Clerk and financial
services for the period July 1, 2018 to June 30, 2019 for a fee of $35,000.
PASSED AND ADOPTED BY THE MONTEREY PENINSULA REGIONAL

WATER AUTHORITY this ___ day of ____ 201_, by the following vote:
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
ABSTAIN: DIRECTORS:
APPROVED:
ATTEST:
1
ATTACHMENT B
__________________________
Nova Romero, Clerk of the Bill Kampe, President
Board
2
Agenda Report
Item No: 6.
SUBJECT: Receive FY 2017-2018 Budget Update, Adopt a $290,000 Budget for FY

2018-2019, and Approve a Request for FY 2018-2019 Member
Contributions
RECOMMENDATION:
It is recommended that the MPRWA Board Receive an update on the FY 2017-2018,
adopt the budget for FY 2018-2019, and approve a request for FY 2018-2019 member
contributions.
DISCUSSION:
At the April 13, 2017 Board meeting, the Executive Director provided the 3rd Quarter
2016-2017 Financial Status Report and noted that expenditures were well under budget
due primarily to delays in the CPUC EIR/EIS process which reduced the level of Special
Counsel support needed last year and resulted in a year end surplus.
The MPWSP approval process, as expected, picked up in FY 2017-2018 further

complicated by CPUC ALJ requirements to provide information and arguments on
potential expansion of the Pure Water Monterey project. In addition, reserve funds were
approved by the Water Authority Board to provide additional special counsel support to
develop a settlement agreement in hopes of expediting the eventual start of
construction of the Cal Am desal facility. At attachment A is an update on the current
year budget status.
Despite the high expenditures in FY 2017-2018, the Executive Director recommends

that the Authority Board adopt the no-change FY 2018-2019 budget at Attachment B.
FISCAL IMPACT:
No reserve funds remain and no year-end surplus is expected in FY 2017-2018.

Accordingly, the Executive Director recommends that the Authority Board approve
funding requests to the member jurisdictions as shown in Attachment C.
ATTACHMENTS:
A- FY 2018-2019 Budget Status as of 1 April 2018
B- Draft Budget for FY 2018-2019
C- Estimated Contributions for FY 2018-2019
№06/12
11:13 AM Monterey Peninsula Regional Water Authority
04/06/18
ATTACHMENT A
Accrual Basis Profit & Loss Budget vs. Actual
July 1, 2017 through April 6, 2018
Jul 1, '17 - Apr 6, 18 Budget $ Over Budget % of Budget
Ordinary Income/Expense
Income
47200 · Program Income
47230 · Membership Dues 225,000.00 0.00 225,000.00 100.0%
47240 · Transfer from Reserves 0.00 0.00 0.00 0.0%
47250 · Reimbursement SPI Contract 0.00 0.00 0.00 0.0%
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 225,000.00 0.00 225,000.00 100.0%
49900 · Uncategorized Income 0.00 0.00 0.00 0.0%
Total Income 225,000.00 0.00 225,000.00 100.0%
Expense
60900 · Administration and Clerical
60901 · Clerk of the Board 14,500.00 29,000.00 -14,500.00 50.0%
60902 · Executive Director 42,463.00 90,000.00 -47,537.00 47.18%
60903 · Principal Offc of the Authority 0.00 0.00 0.00 0.0%
60904 · Financial Services 3,000.00 6,000.00 -3,000.00 50.0%
60905 · Misc Admin Expenses 324.94 500.00 -175.06 64.99%
60900 · Administration and Clerical - Other 0.00 0.00 0.00 0.0%
Total 60900 · Administration and Clerical 60,287.94 125,500.00 -65,212.06 48.04%
61100 · Bank Charges
61101 · Bank Administration Chgs 0.00 0.00 0.00 0.0%
61100 · Bank Charges - Other 0.00 0.00 0.00 0.0%
Total 61100 · Bank Charges 0.00 0.00 0.00 0.0%
62100 · Legal Fees
62110 · Board Counsel 25,000.00 30,000.00 -5,000.00 83.33%
62140 · Special Counsel 208,042.44 100,000.00 108,042.44 208.04%
62100 · Legal Fees - Other 0.00 0.00 0.00 0.0%
Total 62100 · Legal Fees 233,042.44 130,000.00 103,042.44 179.26%
62800 · Contract Services
60801 · Public Outreach 0.00 0.00 0.00 0.0%
60806 · Contract VE 0.00 0.00 0.00 0.0%
Page 1 of 2
11:13 AM Monterey Peninsula Regional Water Authority
04/06/18
ATTACHMENT A
Accrual Basis Profit & Loss Budget vs. Actual
July 1, 2017 through April 6, 2018
Jul 1, '17 - Apr 6, 18 Budget $ Over Budget % of Budget
62802 · Audit Services 8,125.00 8,000.00 125.00 101.56%

62803 · Televised Meeting 1,720.00 3,000.00 -1,280.00 57.33%
62804 · Contract Services & Studies 0.00 0.00 0.00 0.0%
62805 · Contract SPI 3,026.63 10,000.00 -6,973.37 30.27%
62800 · Contract Services - Other 0.00 0.00 0.00 0.0%
Total 62800 · Contract Services 12,871.63 21,000.00 -8,128.37 61.29%
65000 · Insurance 6,633.23 7,500.00 -866.77 88.44%
65100 · Travel Expenses 0.00 1,000.00 -1,000.00 0.0%
66000 · Payroll Expenses 0.00 0.00 0.00 0.0%
68300 · Contingency 0.00 5,000.00 -5,000.00 0.0%
Total Expense 312,835.24 290,000.00 22,835.24 107.87%
Net Ordinary Income -87,835.24 -290,000.00 202,164.76 30.29%
Other Income/Expense
Other Income
47220 · Interest Earned 0.00 0.00 0.00 0.0%
Total Other Income 0.00 0.00 0.00 0.0%
Other Expense
80000 · Prior Year's-Expense 0.00 0.00 0.00 0.0%
Total Other Expense 0.00 0.00 0.00 0.0%
Net Other Income 0.00 0.00 0.00 0.0%
Net Income -87,835.24 -290,000.00 202,164.76 30.29%
Page 2 of 2
ATTACHMENT B
PROPOSED BUDGET for FY 2018-2019
EST. OPERATING EXPENSES $290,000
Administration and Clerical Services
Principal Office of Authority (Monterey) 0
Clerk of Board (Monterey) 29,000
Financial Services (Monterey) 6,000
Executive Director (Monterey) 90,000
Miscel Admin Expenses 500
Legal Services
Board Counsel (Freeman) 30,000
Special Counsel (Brownstein) 100,000
Contract Services
Public Outreach 0
Audit Services (Kaufman) 8,000
Televised Meetings (AMP) 3,000
Contract Services and Studies 10,000
Insurance 7,500
Travel Expenses 1000
Contingency 5000
ATTACHMENT C
Requested Jurisdiction Contributions BUDGET REBATE REQUESTED CONTRIBUTION

FY 18-19
Distribution with
Member Jurisdiction County * $290,000
County of Monterey 30.40% $88,160 $0 $88,160.00
Carmel By the Sea 6.50% $18,850 $0 $18,850.00
Sand City 0.80% $2,320 $0 $2,320.00
City of Pacific Grove 13.10% $37,990 $0 $37,990.00
City of Seaside 14.80% $42,920 $0 $42,920.00
City of Monterey 33.00% $95,700 $0 $95,700.00
City of Del Rey Oaks 1.40% $4,060 $0 $4,060.00
Total Income/Budget 100% $290,000 $0 $290,000.00
* Computed from water years 2012-2014
There is expected to be no significant year-end surplus for FY 2017-2018 so no contribution rebates available
SUBJECT: Receive Copy of CPUC Filing Made by Water Authority Special Counsel
on Behalf of the Authority in Opposition to a MCWD Motion to Refer
Groundwater and Harm Issues Directly to the SWRCB
RECOMMENDATION:
It is recommended that the Water Authority Board receive a copy of the subject motion
filed with the CPUC on April 5, 2018.
DISCUSSION:
Despite extensive efforts towards a settlement agreement between Marina, Marina

Coast Water District (MCWD), and Cal Am on the subject of groundwater rights and
"harm" related to the Cal Am desal facility, MCWD has requested that the CPUC refer
the issue to the State Water Resources Control Board directly.
Unfortunately, the MCWD has not stated a willingness to accept a SWRCB decision as
final and would retain a litigation option. Since referral to the Board could result in a 2-
year delay in the CPCN with no commensurate commitment to non-litigation, the
MPRWA could not support it and found it necessary to file an opposing motion with the
CPUC (Attachment A).
MPWMD joined in our opposition. Cal Am and others also filed an opposition, as did
the County/MCWRA. Their briefs are available upon request.
ATTACHMENTS:
A- MPRWA Opposition Motion to the CPUC dated April 5, 2018
№06/12
ATTACHMENT A
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF CALIFORNIA
In the Matter of Application of California-

American Water Company (U210W) for
Approval of the Monterey Peninsula Water A.12-04-019
Supply Project and Authorization to Recover
All Present and Future Costs in Rates
(Filed April 23, 2012)
OPPOSITION OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY

AND THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT TO THE
MOTION OF THE MARINA COAST WATER DISTRICT ET AL. FOR PROMPT
REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL
BOARD FOR EXPEDITED HEARING AND DECISION
RUSSELL M. MCGLOTHLIN (SBN 208826)

BROWNSTEIN HYATT FARBER SCHRECK, LLP
1020 State Street
Santa Barbara, CA 93101
Telephone: (805) 963-7000
Facsimile: (805) 965-4333
Email: rmcglothlin@bhfs.com
Attorneys for:
MONTEREY PENINSULA REGIONAL WATER
AUTHORITY
Dated: April 5, 2018

ATTACHMENT A
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF CALIFORNIA
In the Matter of Application of California-

American Water Company (U210W) for
Approval of the Monterey Peninsula Water A.12-04-019
Supply Project and Authorization to Recover
All Present and Future Costs in Rates
(Filed April 23, 2012)
OPPOSITION OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY

AND THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT TO THE
MOTION OF THE MARINA COAST WATER DISTRICT ET AL. FOR PROMPT
REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL
BOARD FOR EXPEDITED HEARING AND DECISION
I. Introduction
Pursuant to Rule 11.1(e) of California Public Utilities Commission’s (“Commission”)
Rules of Practice and Procedure, Monterey Peninsula Regional Water Authority (“Water
Authority”) and the Monterey Peninsula Water Management District (“Water District”) responds
to the Motion of Marina Coast Water District, et al. for prompt referral of question to the State
Water Resources Control Board (“SWRCB”) for expedited hearing and decision (“Motion”). The
Water Authority and Water District oppose the Motion because a grant of this Motion would
unnecessarily delay the Monterey Peninsula Water Supply Project (“MPWSP”).
PAGE 1
ATTACHMENT A
I. THE REFERRAL WOULD CAUSE EXTENSIVE AND UNNECESSARY DELAY
The proposed referral would involve technical hearings and briefing on complex and
competing hydrogeological evidence. A reasonable projection of the time to process such a
referral would likely be 18-24 months, if not longer.1 Once a determination was issued by the
SWRCB, such determination would only take the form of recommendation to the Commission.
The Commission would then need additional time to consider the recommendation before
considering a Certificate of Public Convenience and Necessity (“CPCN”) for the MPWSP. Any
party, including MCWD, would then have full rights to challenge the Commission’s grant of the
CPCN, if issued. This litigation would likely necessitate several additional years before
conclusion. Thus, absent a comprehensive settlement, as discussed next, the referral would
simply add considerable time—likely two years or more—to the already attenuated processing
time for the MPWSP. Such a delay would be imprudent given the deadlines set forth in the
SWRCB’s Cease and Desist Order2 and the ongoing water supply moratorium endured by the
Monterey Peninsula.
II. A REFERRAL TO THE SWRCB COULD BE APPROPRIATE AS PART OF A

COMPREHENSIVE SETTLEMENT IF SUCH A SETTLEMENT WERE
REACHED
The test used by the Water Authority and the Water District to evaluate proposals like
that set forth in the Motion is whether the proposed action would render the resolution of
disputes concerning the MPWSP more predictable, expeditious, and cost-effective. The SWRCB
referral proposed in the Motion would not satisfy this test. It could, but only if the referral were
part of a comprehensive settlement that included a commitment of the principal parties to this
1
This estimate is made based upon counsel’s experience practicing before the SWRCB. If the Commission were
inclined to grant the Motion, the Commission should query the SWRCB for a proposed schedule for such a referral
before taking any action on the Motion so to understand the likely schedule impact of the proposed referral.
2
SWRCB Order WR 2016-0016
PAGE 2
ATTACHMENT A
proceeding, including MCWD and City of Marina, to be bound by the results of the SWRCB’s
recommendation provided that the Commission’s decision on the CPCN was consistent with the
SWRCB’s recommendation. That is, the decision of the Commission, consistent with the
SWRCB recommendation, would have to be afforded a collateral estoppel effect by function of
agreement among the parties. A SWRCB referral within the context of such a comprehensive
settlement could afford a more predictable, expeditious, and cost-effective process to resolve the
disputed issues at hand in comparison to the status quo litigation that is likely to follow a CPCN
issued for the MPWSP.3 But the parties have not reached such a comprehensive settlement and
there does not appear to be a likelihood of doing so within the limited time left prior to potential
adoption of a CPCN pursuant to the current schedule in this proceeding. Therefore, the more
expeditious and proper course to resolve disputes following the issuance of a CPCN in this
proceeding is the courts.
III. ABSENT A COMPREHENSIVE SETTLEMENT AGREEMENT, THE COURTS

ARE THE PROPER VENUE TO ADDRESS THE GROUNDWATER QUESTION
PROPOSED FOR REFERRAL TO THE SWRCB
Although litigation following the issuance of any CPCN will likely take several years to
complete, it is nonetheless likely to be more expeditious than the prospect of commencing the
same potential litigation several years later following a SWRCB referral proposed by the Motion.
Thus, absent a comprehensive settlement agreement, the courts are the proper venue to resolve
groundwater disputes of the nature proposed in the Motion—whether the MPWSP will result in
the development of a valid groundwater right and will not cause injury to other groundwater
users or the groundwater basin. While the SWRCB and courts possess concurrent jurisdiction
over surface water rights (and rights to subterranean stream flow groundwater, which is governed
3
In order for the referral to be warranted form a time/cost basis, a settlement agreement would also require a similar
commitment to definitive and binding result achieved from a parallel process to address disputed issues not
addressed by the SWRCB referral.
PAGE 3
ATTACHMENT A
by surface water laws),4 the SWRCB does not possess independent jurisdiction to adjudicate
groundwater right conflicts. Unlike in the surface water context, the SWRCB does not possess
permitting authority over groundwater5 and has no authority to initiate a statutory adjudication of
groundwater rights as it does with respect to surface water rights.6 Rather, adjudications of
groundwater conflicts are exclusively handled by the courts,7 not the SWRCB.
Further, while the new Sustainable Groundwater Management Act (“SGMA”) authorizes
locally created groundwater sustainability agencies to develop groundwater sustainability plans
to be reviewed and approved by the Department of Water Resources,8 a new statute was initiated
a year following the adoption of SGMA to streamline the process for courts to undertake
groundwater adjudications and harmonize the results of such adjudications with groundwater
management pursuant to SGMA.9 The foregoing discussion demonstrates that, absent a
comprehensive settlement, the SWRCB is not the appropriate—and certainly not the normal—
means to address the groundwater claims alleged by MCWD et al. Rather, the courts can
adjudicate these claims in a definitive and binding manner following the issuance of a CPCN.
4
National Audubon Society v. Sup. Ct. (1983) 33 Cal.3d 419, 426. The moving parties cite to the opinion in
National Audubon with respect to the SWRCB’s authority to receive a reference of water rights issues from the
courts (Motion, p. 8) and the concurrent jurisdiction exercised by the courts over water matters (Motion, p. 9). The
National Audubon case, however, involved surface water not groundwater.
5
Wat. Code §§ 1200 et seq.
6
7
All groundwater adjudications have been processed exclusively in the courts. See e.g., California American Water
v. City of Seaside (2010) 183 Cal.App.4th 471 (reviewing the Seaside Basin adjudication); City of Barstow v.
Mojave Water Agency (2000) 23 Cal.4th 1224 (reviewing the Mojave Basin adjudication); California Water Service
Co. v. Edward Sidebotham & Son, 224 Cal. App. 2d 715 (reviewing the West Coast Basin adjudication). The
moving parties cite to Water Code section 2100 et seq. for the proposition that the SWRCB may “initiate and action
to restrict groundwater pumping and/or prescribe a physical solution to protect the quality of groundwater from
destruction or irreparable injury.” Motion, p. 8. However, this statutory authority is an extension of the SWRCB’s
authority to regulate water quality; it is not independent authority to initiate an adjudication of water rights
independent of water quality matters. It is also only affords the SWRCB authority to initiate an action in court to
protect groundwater quality, not an authority to effect a statutory adjudication of groundwater s issues before the
SWRCB.
8
9
Code of Civ. Pro. §§ 830 et seq.; Wat. Code §§ 10720.1(i), 10720.5(c), 10737, 10737.2, 10737.4, 10737.6, and
10737.8
PAGE 4
ATTACHMENT A
The courts do have the authority under section 2000 of the Water Code to order a
reference to the SWRCB in a suit to determine water rights. Therefore, if the trial court deemed
appropriate within a water rights suit brought by MCWD or others following the issuance of
CPCN, it could call upon the SWRCB to serve in a referee capacity. But such an action by the
trail court would be to inform the trial court, which could then act definitively on any
recommendation issued by the SWRCB. Following all available appeals, the matter would be
decided and not subject to further litigation.
Therefore, unless a comprehensive settlement, as discussed above, could be reached, in
light of the years already invested and the extensive factual record that has been developed
before the Commission, together with the years of litigation that will potentially follow a CPCN,
and the urgent need for replacement water supplies for the Monterey Peninsula, the expeditious
and prudent course is to promptly consider the CPCN and allow the judicial challenge process to
proceed if a CPCN is issued.
III. Conclusion and Request for Expedited Status Conference
For the forgoing reasons, the Water Authority and the Water District respectfully urge
the Commission to deny the Motion.
April 5, 2018 Respectfully Submitted,
By: /s/ Russell McGlothlin______

Attorney for Intervenor
Monterey Peninsula Regional Water Authority
16681617
PAGE 5
SUBJECT: Receive an Update on the Summary Project Schedule for the Monterey
Peninsula Water Supply Project (MPWSP) and the Status of Test Slant
Well Operations
RECOMMENDATION:
It is recommended that the Water Authority Board receive a report from Cal Am on the
latest "Summary" MPWSP schedule and on the status of the test well operation and
pipeline construction.
DISCUSSION:
Cal Am's most recent Summary Monterey Peninsula Water Supply Project (MPWSP)
schedule will be presented at the meeting.
Cal Am also has reported that it is currently installing last mile of 36” pipe. The pipe
bridge contractor is constructing support structures and is planning to place girders
spanning HWY 68 in early April. Overall pipeline install and street repair is expected to
be complete in June. Commissioning would follow in next several months.
Note that regular updates on the MPWSP are available at Cal Am's project web site:
www.watersupplyproject.org .
ATTACHMENTS:
None
№06/12
SUBJECT:
Receive Report, Discuss, and Provide Staff Direction on Authority Work Plan for the
Balance of FY 2017-2018 and for FY 2018-2019.
RECOMMENDATION:
Edit and update the MPRWA Workplan Priority Ranking priority adopted by the Board
on June 6, 2016 and revised by the Board on 8 June 2017.
DISCUSSION:
A draft MPRWA Workplan Priority Ranking for the balance of FY 2017-2018 and FY
2018-2019 is at attachment A. These priorities should be considered in light of available
resources, expected sunset date of the Authority, and the mission statement of the JPA
which states in part:
"The purpose of this Agreement is to establish a public entity separate from its Members
to jointly exercise some or all of the foregoing common powers, as deemed necessary
by the Authority, to: (1) ensure the timely development, financing, construction,
operation, repair, and maintenance of one or more Water Projects; and (2) ensure that
the governance of such Water Projects includes representation that is directly
accountable to the Cities' water users."
ATTACHMENTS:
A-Draft Table of Work Plan Priorities
№06/12
ATTACHMENT A
MPRWA Workplan Priority Ranking - Draft

June 6, 2016
Main Organizations Situation Priority
MPRWA Open Action Tasks
1 Extend Cease and Desist Order CalAm; MPRWA; WPWMD Amendment filed; hearing set for July 19 1
2 Finalize WPA with Castroville CCSD; MRWPCA 3

Extend NOAA mitigation agreement for Carmel
3 CalAm; NMS; NOAA Discussions in progress; NOAA delay 3
River
4 Complete EIR/EIS for Desal CPUC; CalAm Working to new schedule 1
GWR is more ready to proceed. Needs transfer pipeline,
5 Advance GWR/Pure Water Mry MRWPCA; CalAm; MPWMD; MPRWA 1
NEPA for grant funding
Provide amicus support with selected "objective 3rd party"
6 Legal Challenges from MCWD / Ag Trust CalAm; MPRWA 2
assessment as needed.
7 CPCN CPUC; CalAm; MPWMD; MPRWA Will be considered after EIR/EIS 1
8 Obtain various city / county permits after CPCN CalAm; Cities; MPRWA Will be required for pipelines after CPCN 1
9 Post MPWSP water allocation plan MPWMD; MPRWA Likely to require an EIR, therefore a long lead task 1
Contain costs; monitor water usage; focus on water supply;
10 Ongoing public agency collaboration MPRWA; MPWMD; MRWPCA; NOAA 2
adapt to events
MPRWA Completed Action Tasks

1 Finalize brine discharge agreement Surfrider; CalAm; MPRWA Imminent completion 2
2 Finalize Return Water agreement CalAm; CSIP Imminent completion 2
3 Restart Test Well CCC; CalAm; MPRWA Restarted 1
Extend Cease and Desist Order CalAm; MPRWA; WPWMD Amendment filed; hearing set for July 19
Finalize WPA with Castroville CCSD; MRWPCA

Extend NOAA mitigation agreement for Carmel
CalAm; NMS; NOAA Discussions in progress; NOAA delay
River
ATTACHMENT A
Complete EIR/EIS for Desal CPUC; CalAm Working to new schedule
Priority classes
Direct support of mission; MPRWA brings core community perspective 1
Vital to success of project; other parties bring primarily expertise. MPRWA adds community values perspective 2
Of interest as part of the overall project; other parties bring higher engagement and expertise 3

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Agenda

Monterey Peninsula Regional Water Authority (MPRWA)

7:00 PM, Thursday, April 12, 2018

REPORTS FROM BOARD DIRECTORS AND STAFF

1. Approval of Minutes from March 8, 2018 - Romero

3. Adoption of Resolution 2018-02, Approving an Extension of the Contract for Executive

4. Adoption of Resolution 2018-03, Approving Donald G. Freeman as Legal Counsel through

***End of Consent Agenda***

FROM: Executive Director Cullem

FROM: Executive Director Cullem

SUBJECT: Adoption of Resolution 2018-02, Approving an Extension of the Contract

At closed session on September 8, 2016, following its ad hoc committee

The Executive Director (ED) compensation for FY 2018-2019 is budgeted at not-to-

A- Contract with Cullem Management Services LLC

MONTEREY PENINSULA REGIONAL WATER AUTHORITY

CONTRACT FOR PROFESSIONAL CONSULTING SERVICES

THIS CONTRACT is executed this _______ day of _______________, 2018, by and

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. CONSULTANT hereby agrees to provide to MPRWA ,as the scope of

2. Timely Work. CONSULTANT shall perform all duties incidental or necessary in

4. Compensation. MPRWA shall pay CONSULTANT in an amount not to exceed

5. Additional Services. In the event that MPRWA should request additional

7. Subconsultant Plan. If CONSULTANT intends to utilize the services of any

8. Substitution of Consultant Personnel. Key personnel of CONSULTANT or any

10. Suspension or Termination of Contract Without Cause. MPRWA may at any

11. Default of CONSULTANT. CONSULTANT'S failure to comply with the

12. Indemnification. CONSULTANT hereby agrees to the following indemnification

Notwithstanding the provisions of the above paragraph, CONSULTANT agrees to

CONSULTANT further agrees to indemnify MPRWA for damage to or loss of

A. Commercial general liability insurance. CONSULTANT shall provide

B. Professional liability insurance. CONSULTANT shall maintain in effect

C. Commercial automobile liability insurance. CONSULTANT shall provide

D. Workers’ Compensation Insurance. If CONSULTANT employs others in the

E. Other Insurance Requirements

1). All insurance required under this Contract must be written by an

a) Admitted to do business in California with a current A.M. Best rating of

b) An insurance company with a current A.M. Best rating of no less that

Exception may be made for the State Compensation Insurance Fund

3). The general liability and auto policies shall:

a) Provide an endorsement naming MPRWA, its officers, officials, and

b) Provide that such insurance is primary and non-contributing insurance

c) Contain a “Separation of Insureds” provision substantially equivalent to

d) Provide for a waiver of any subrogation rights against MPRWA via an

5). Neither the insurance requirements hereunder, nor acceptance or

6). Any deductible or self-insured retentions must be declared to and

15. Licensing. CONSULTANT represents that it is properly licensed to perform the

19. Responsibility of CONSULTANT. By executing this CONSULTANT represents

CONSULTANT: Cullem Management Services LLC

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

27. Conflict of Interest/Political Reform Act. CONSULTANT shall at all times

If MPRWA determines CONSULTANT comes within the definition of

28. Non-discrimination/Affirmative Action. CONSULTANT will not discriminate

29. Counterparts. This Contract may be executed in multiple originals, each of

MONTEREY PENINSULA REGIONAL WATER AUTHORITY:

By: _____________________________ Date: ______________________

By: _____________________________ Date: ______________________

By: _____________________________ Date: ______________________

By: _____________________________ Date: ______________________

A RESOLUTION OF THE MONTEREY PENINSULA REGIONAL WATER

WHEREAS, Cullem Management Services, LLC (Cullem LLC) has offered to

WHEREAS, in FY 2018-2019, the Water Authority Board is projected to budget

NOW, THEREFORE, BE IT RESOLVED, that the Board President of the

PASSED AND ADOPTED BY THE MONTEREY PENINSULA REGIONAL

Bill Kampe, President

End of Consent Agenda

THIS CONTRACT is executed this _ day of _________, 2018, by and

By: _______ Date:

By: _______ Date:

By: _______ Date:

By: _______ Date: