Professional Documents
Culture Documents
900
Total Audit
5,900 $
5,205 $
5,510
Currently, our rates range from $85 per hour for clerical to $250 per hour for partners. This fee
estimate is based on anticipated cooperation from your personnel, and the assumption that
unexpected circumstances will not be encountered during the engagement. Our invoices are
submitted monthly and are payable upon receipt by you. Our invoices for these fees will be
rendered each month as work progresses and are payable on presentation.
Aeathusts=pest.due=over--30-days-ar-e-considered--delinquent-and--3411-be-subject-te-an-annual
faun e,pereent4444). There will be a
minimum finance charge of $1.00. Payments received on account will first be credited against
any delinquency charges. Further, we will cease performing services on delinquent accounts if
the account becomes 60 days or more overdue and will not be resumed until your account is paid
in full. All expenses incurred to collect past due accounts, including collection fees will be
added to any amount due. If we elect to terminate our services for nonpayment, our engagement
will be deemed to have been completed upon written notification of termination, even if we have
not completed our report. You will be obligated to compensate us for all time expended and to
reimburse us for all out-of-pocket expenditures through the date of termination.
If any dispute arises among the parties, they agree to try first in good faith to settle the dispute by
mediation administered by the American Arbitration Association (AAA) under its Commercial
Mediation Rules. All unresolved disputes shall then be decided by final and binding arbitration
in accordance with the Commercial Arbitration Rules of the AAA. Fees charged by any
mediators, arbitrators, or the AAA shall be shared equally by all parties. In agreeing to
arbitration, we both acknowledge that in the event of .a dispute, each of us is giving up the right
to have the dispute decided in a court of law before a judge or jury and instead we accept the use
of arbitration for resolution.
MPRWA Meeting, 2/13/2014 , tem No. 2., tem Page 38, Packet Page 42
Monterey Peninsula Regional Water Authority
October 21, 2013
Page 6
We appreciate the opportunity to be of service to Monterey Peninsula Regional Water Authority
and believe this letter accurately summarizes the significant terms of our engagement. If you
have any questions, please let us know. If you agree with the terms of our engagement as
described in this letter, please sign the enclosed copy, and return it to us.
Very truly yours,
1 4 C. PICWOJ
PC)0 s %XVI 1,
1 W e a t Q W 2 '1'
McGilloway, Ray, Brown & Kaufman
Accountants & Consultants
RESPONSE:
This letter correctly sets forth the understanding of Monterey Peninsula Regional Water
Authority.
Management signature:
Title: &roiT7W jti>7v,
Date: 3/ de-i- za31
7
Governance signature: WiRiotrAilAc44 -`
Title:
Date:
MPRWA Meeting, 2/13/2014 , tem No. 2., tem Page 39, Packet Page 43
Monterey Peninsula Regional Water Authority
Agenda Report
Date: February 13, 2014
Item No: 3.
06/12
FROM: Authority Clerk Milton
SUBJECT: Approve and File Checks Through January 31, 2014
RECOMMENDATION:
It is recommended that the MPRWA approve and file the accounts payable payments
made during the period of January 1, 2014 through January 31, 2014. Total Accounts
Payable for the above referenced period is $71,273.85. It is recommended that the
Authority approve and file the below checks.
DISCUSSION:
At its meeting on September 12, 2013, the Authority Board approved a staff
recommendation to provide the Directors a listing of general checks issued since the last
report so that it can inspect and confirm these checks. Each invoiced expense has been
reviewed and approved by the Executive Director and Finance personnel and confirmed
by the President or Vice President 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.
$4,500 to Perry and Freeman For Legal Services for January and February
$4,720 to McGilloway, Ray, Brown & Kaufman for Financial Audit
$4,648.35 to Environmental Relations for Public Outreach Services
$29,562.17 for Special Legal Counsel of Brownstein, Hyatt, Farber and Schreck
$27,843.43 to Separation Processes for Project Evaluation/Consulting testimony
& participation on Design Build Selection Team
FISCAL IMPACT
The listed checks have been budgeted and paid from the various funds, as appropriate
and the Budget to Actual is below and lists all checks issued to date. The line item for
Consulting Services has been exceeded due to the approval to contract with Separation
Processes Inc to participate in the Design Build Selection Process for the Monterey
Peninsula Water Supply Project. On November 14, 2013, The Board approved the
Authority to contract with SPI for a Not to Exceed Cost of 36,000 and the total costs
shared between the three Governance Committee agencies. To date, both the
MPRWA Meeting, 2/13/2014 , tem No. 3., tem Page 1, Packet Page 45
Monterey Peninsula Water Management District and the County of Monterey have been
invoiced for their share of the costs, but no payment has been received.
Budget to Actual (as of 2/10/2014)
ADOPTED Budget FY 2013-14
Approved
Budget
13-14
Expended
To Date
Remaining
Balance
Professional Services
Legal Counsel $63,000 $18,000 $45,000
Attorney of Record $186,000 $76,532 $109,468
Staff $35,000 $35,000 $0
Executive Director $94,680 $11,664 $83,016
Studies $10,000 $0 $10,000
Project Evaluation $20,000 $34,610 -$14,610
Contract Assistance $15,000 $0 $15,000
Travel $5,000 $0 $5,000
Public Outreach $49,000 $6,761 $42,239
Insurance $7,000 $6,702 $298
Audit $5,000 $4,720 $280
Contingency $20,000 $1,197 $18,803
Total Budget FY 13-14 $509,680 $195,185 $314,495
MPRWA Meeting, 2/13/2014 , tem No. 3., tem Page 2, Packet Page 46
Monterey Peninsula Regional Water Authority
Agenda Report
Date: February 13, 2014
Item No: 4.
06/12
FROM: Executive Director Cullem
SUBJECT: Receive Report, Discuss, Provide Direction and Approve Resolution 2014-XX
and Letter of Support for Senate Bill 936, and Authorize the Executive Director to
Forward a Sample Resolution and Sample Letter for Consideration by Member
City Councils.
RECOMMENDATION:
The Executive Director recommends that the Water Authority receive, discuss, revise, and
approve the attached Resolution 2014-XX and letter to be sent to State Senator Bill Monning in
support of SB 936. It is further recommended that the Authority authorize the Executive Director
to forward a sample resolution and sample letter of support to the member Cities for
consideration by their Councils.
DISCUSSION:
State Senator Bill Monning has now introduced Senate Bill 936, Ratepayers Savings
Legislation, allowing for Securitization of funding for the California American Water Company
(Cal-Am) Desalination Project (desal). Securitization was a major concession by Cal-Am in the
Comprehensive (Large) Settlement Agreement on its application to the California Public
Utilities Commission (CPUC) for the Monterey Peninsula Water Supply Project (MPWSP). It
allows for a reduction in Cal-Am equity (investor funds) from 53% to 27%, to be replaced by
public financing (State bonds and state loans). That replacement is expected to save tens of
millions of dollars for Cal-Am ratepayers in the future cost of desal water.
Attached is draft Resolution 2014-XX and a draft letter of support to Senator Monning for
consideration by the Water Authority. If so directed by the Authority, these documents would be
forwarded to the member cities for consideration by their Councils.
ATTACHMENTS:
Draft Resolution 2014-XX
Draft Water Authority Letter of Support
MPRWA Meeting, 2/13/2014 , tem No. 4., tem Page 1, Packet Page 47
RESOLUTION 2014-xx
RESOLUTION OF THE ( ) IN SUPPORT OF WATER RATE RELIEF BONDS
FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT
WHEREAS, the Monterey Peninsula receives its water supply from surface and sub-surface water
in the Carmel River and water in the Seaside Groundwater Basin; and
WHEREAS, by State Water Resources Control Board (SWRCB) Order No. WR 95-10 dated July 6,
1995,the SWRCB determined that California American Water (Cal-Am) did not possess the right to divert
from the Carmel River system the amount of water historically (and presently) being diverted and
ordered Cal-Am to terminate its unpermitted diversions from the Carmel River, to maximize its
production from the Seaside Groundwater Basin, and to diligently pursue a substitute water supply; and
WHEREAS the SWRCB issued a Cease and Desist Order (CDO) WR 2009-0060 in October 2009
which prescribes a series of significant cutbacks to Cal-Ams production from the Carmel River through
December 2016 and subjects Cal-Ams customers to a moratorium on water permits for new
construction and remodels, and may subject customers to water rationing and/or fines if Cal-Am
production limits are exceeded; and
WHEREAS, Cal-Ams ability to produce water from the Seaside Groundwater Basin has also been
limited by the adjudication of the Monterey County Superior Courtwhich, in a final judgment in 2006,
imposed a series of pumping reductions designed to limit production of natural basin water; and
WHEREAS, In order to meet the mandated reductions in water supply, Cal-Am has submitted an
application to the California Public Utilities Commission (CPUC) to build a desalination plant plus
conveyance and storage facilities that are estimated to cost $277 to $320 million; and
WHEREAS, SB 936 authorizes the California Public Utilities Commission to allow Cal-Am to
collaborate with the Monterey Peninsula Water Management District on the issuance of Water Rate
Relief Bonds to the public for the purpose of financing a portion of the Cal-Am Monterey Peninsula
Water Supply Project; and
WHEREAS, the use of Water Rate Relief Bonds will result in lower costs to customers of Cal-Am
as compared to traditional utility financing mechanisms;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors (City Council) of ____________
hereby supports SB 936 and encourages its adoption by the California Legislature and Governor.
On a motion by Director (Council Member) ________________ and second by Director (Council
Member) __________________ the foregoing resolution is duly adopted this __
th
day of ____ 2014 by
the following votes.
Ayes:
Nays:
Absent:
MPRWA Meeting, 2/13/2014 , tem No. 4., tem Page 2, Packet Page 48
February __, 2014 SAMPLE
The Honorable William Monning
California State Senator
State Capitol, Room 4066
Sacramento, CA 95814
Dear Senator Monning:
The need for infrastructure to expand sources of water on the Monterey Peninsula has been
heightened by the lack of legal water supplies resulting from a State Cease and Desist Order
(CDO), the State Water Resources Control Board (SWRCB) Order WR 95-10, the listing of the
California red-legged frog and the steelhead trout as threatened species under the federal
Endangered Species Act, and the limitations on water from the Seaside Groundwater Basin
adjudication. California American Water Company (Cal-Am) has proposed the Monterey
Peninsula Water Supply Project, including a sizable desalination facility, to address the need for
new supply.
In order to meet the mandated reductions in water supply, Cal-Am has proposed a desalination
plant, plus conveyance and storage facilities that are estimated to cost $277 to $320 million.
SB 936 authorizes the California Public Utilities Commission to allow Cal-Am to collaborate
with the Monterey Peninsula Water Management District on the issuance of Water Rate Relief
Bonds to the public for the purpose of financing a portion of the Cal-Am Monterey Peninsula
Water Supply Project. Such use of Water Rate Relief Bonds will result in lower costs to
customers of Cal-Am as compared to traditional utility financing mechanisms.
Therefore, the Board of Directors (City Council) of ____________ supports SB 936 and
encourages its adoption by the California Legislature and Governor.
We appreciate all that you do to assist the Monterey Peninsula, including this effort to solve our
water supply needs at the lowest cost to our rate paying citizens.
On behalf of our entire Board of Directors (City Council), yours sincerely,
__________________
President (Mayor)
MPRWA Meeting, 2/13/2014 , tem No. 4., tem Page 3, Packet Page 49
Monterey Peninsula Regional Water Authority
Agenda Report
Date: February 13, 2014
Item No: 5.
06/12
FROM: Authority Clerk Milton
SUBJECT: Receive Verbal Report, Discuss and Provide Direction to Staff Regarding
the Bore Hole Permitting Process
DISCUSSION:
There is no written Report for this item. A verbal discussion will take place at the
meeting.
MPRWA Meeting, 2/13/2014 , tem No. 5., tem Page 1, Packet Page 51
Monterey Peninsula Regional Water Authority
Agenda Report
Date: February 13, 2014
Item No: 6.
06/12
FROM: Authority Clerk Milton
SUBJECT: Discuss Governor Brown's Proclamation Declaring a Drought State of
Emergency and the Potential Local Implications
DISCUSSION:
There is no written Report for this item. A verbal discussion will take place at the
meeting.
MPRWA Meeting, 2/13/2014 , tem No. 6., tem Page 1, Packet Page 53