HomeMy WebLinkAboutAgenda Packet - March 26, 2012 - UBAGENDA
REGULAR MEETING OF
AZUSA UTILITY BOARD
AZUSA LIGHT & WATER
729 N. AZUSA AVENUE
AZUSA, CA 91702
AZUSA UTILITY BOARD
KEITH HANKS
CHAIRPERSON
ANGEL CARRILLO
VICE CHAIRPERSON
URIEL E. MACIAS
BOARD MEMBER
6:30 P.M. Convene to Regular Meeting of the Azusa Utility Board
• Call to Order
• Pledge to the Flag
• Roll Call
A. PUBLIC PARTICIPATION
MARCH 26, 2012
6:30 P.M.
JOSEPH R. ROCHA
BOARD MEMBER
ROBERT GONZALES
BOARD MEMBER
(Person/Group shall be allowed to speak without interruption up to five (S) minutes maximum time,
subject to compliance with applicable meeting rules. Questions to the speaker or responses to the
speaker's questions or comments shall be handled after the speaker has completed his/her comments.
Public Participation will be limited to sixty (60) minutes time.)
001
B. UTILITIES DIRECTOR COMMENTS
C. UTILITY BOARD MEMBER
Election of Officers. Recommendation: Elect by majority vote a Chairperson and Vice Chairperson to
serve as officers of the Utility Board.
2. Comments
D. CONSENT CALENDAR
The Consent Calendar adopting the printed recommended action will be enacted with one vote. If Staff or
Councilmembers wish to address any item on the Consent Calendar individually, it will be considered under
SPECIAL CALL ITEMS.
Minutes. Recommendation: Approve minutes of regular meeting on February 27, 2012 as written.
Feb UB Min. pdf
2. Award of Contract for Feasibility Study for Sludge Handling Facilities to Civiltec Engineering Inc
Recommendation: Award a Professional Services Agreement to Civiltec Engineering Inc. to provide
engineering services for the preparation of a feasibility study of various sludge handling facility options
for the Hsu -Canyon Membrane Water Filtration.
KEEL.L�
Sludge Handling Civiltec Proposal. pdf
Study,pdf
Public Hearing to Consider Athens Services Refuse Rate Adjustment Recommendation: Schedule
public hearing for regular City Council Meeting on June 18, 2012 to consider refuse rate adjustment for
Athens Services, and authorize staff to prepare and mail public notice of said hearing.
u'
Refuse Rate Public
Notice. pdf
002
Election of
Ord01-07.pdf
Officers.pdf
2. Comments
D. CONSENT CALENDAR
The Consent Calendar adopting the printed recommended action will be enacted with one vote. If Staff or
Councilmembers wish to address any item on the Consent Calendar individually, it will be considered under
SPECIAL CALL ITEMS.
Minutes. Recommendation: Approve minutes of regular meeting on February 27, 2012 as written.
Feb UB Min. pdf
2. Award of Contract for Feasibility Study for Sludge Handling Facilities to Civiltec Engineering Inc
Recommendation: Award a Professional Services Agreement to Civiltec Engineering Inc. to provide
engineering services for the preparation of a feasibility study of various sludge handling facility options
for the Hsu -Canyon Membrane Water Filtration.
KEEL.L�
Sludge Handling Civiltec Proposal. pdf
Study,pdf
Public Hearing to Consider Athens Services Refuse Rate Adjustment Recommendation: Schedule
public hearing for regular City Council Meeting on June 18, 2012 to consider refuse rate adjustment for
Athens Services, and authorize staff to prepare and mail public notice of said hearing.
u'
Refuse Rate Public
Notice. pdf
002
4. Amendment of Lone -Term Power Purchase Agreement (Wind Power) with Iberdrola Renewables,
Inc. Recommendation: Approve Amendment No. 2 to Long -Term Power Purchase Agreement (Wind
Power) between Iberdrola Renewables, Inc. and City of Azusa, and authorize the Director of Utilities to
execute the agreement.
E. SCHEDULED ITEMS
Local Resource Adequacy Capacity Purchase for 2013 from Calcine/Shell. Recommendation:
Approve a Local Resource Adequacy Capacity purchase of 31 MW for calendar year 2013 from Calpine
(transacted through a "confirm" with Shell acting on Calpine's behalf), and authorize the Director of
Utilities to execute the associated Confirmation Agreement.
Purchase RA
Capacity.pdf
"No Cost" Letter of Intent with SAIC to Identify the Cost and Benefits of Installing a Local Smart
Grid. Recommendation: Authorize the Director of Utilities to finalize and execute a "no cost" Letter of
Intent with an engineering consultant, SAIC, to identify the cost and benefits of a potential smart grid
service procurement by Azusa Light & Water.
SAIC LOI.pdf
3. Award of Contract for Electronic Commerce Services to Wells Fargo. Recommendation: Authorize
the Director of Utilities to execute a three year contract with Wells Fargo for electronic commerce
services to improve utility customer service.
�.7-7
Itierdrola
IBERDROLA_AMDMN
Arrendment.pdf
TL_PPA.pdf
E. SCHEDULED ITEMS
Local Resource Adequacy Capacity Purchase for 2013 from Calcine/Shell. Recommendation:
Approve a Local Resource Adequacy Capacity purchase of 31 MW for calendar year 2013 from Calpine
(transacted through a "confirm" with Shell acting on Calpine's behalf), and authorize the Director of
Utilities to execute the associated Confirmation Agreement.
Purchase RA
Capacity.pdf
"No Cost" Letter of Intent with SAIC to Identify the Cost and Benefits of Installing a Local Smart
Grid. Recommendation: Authorize the Director of Utilities to finalize and execute a "no cost" Letter of
Intent with an engineering consultant, SAIC, to identify the cost and benefits of a potential smart grid
service procurement by Azusa Light & Water.
SAIC LOI.pdf
3. Award of Contract for Electronic Commerce Services to Wells Fargo. Recommendation: Authorize
the Director of Utilities to execute a three year contract with Wells Fargo for electronic commerce
services to improve utility customer service.
�.7-7
Welk Fargo
Welk Fargo E -Box
Wells PSA
Electronic Payments.)
PSA. pdf
Attach ment. pdf
003
F. STAFF REPORTS/COMMUNICATIONS
Electronic Vehicle Public Charging Stations -EV Connect
2. Automated Residential Trash Collection Update
Autoneted Trash
Service Update. pdt
G. CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: Water rights regarding Main San Gabriel Basin
Agency Negotiator: George Morrow, Utilities Director
Negotiating Parties: Reiner Kruger, Monrovia Nursery
Under negotiation: Price and terms of payment.
H. ADJOURNMENT
Adjournment.
"In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city
meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the
meeting or time when special services are needed will assist staff in assuring that reasonable arrangements
can be made to provide access to the meeting. "
"In compliance with Government Code Section 5495 7.5, agenda materials are available for inspection by
members of the public at the following locations: Azusa City Clerk's Office - 213 E. Foothill Boulevard,
Azusa City Library - 729 N. Dalton Avenue, and Azusa Light & Water -729 N. Azusa Avenue, Azusa CA. "
(104
EV Charging Station
Blink L2 Pedestal
Update. pdf
Charger.pdf
2. Automated Residential Trash Collection Update
Autoneted Trash
Service Update. pdt
G. CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: Water rights regarding Main San Gabriel Basin
Agency Negotiator: George Morrow, Utilities Director
Negotiating Parties: Reiner Kruger, Monrovia Nursery
Under negotiation: Price and terms of payment.
H. ADJOURNMENT
Adjournment.
"In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city
meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the
meeting or time when special services are needed will assist staff in assuring that reasonable arrangements
can be made to provide access to the meeting. "
"In compliance with Government Code Section 5495 7.5, agenda materials are available for inspection by
members of the public at the following locations: Azusa City Clerk's Office - 213 E. Foothill Boulevard,
Azusa City Library - 729 N. Dalton Avenue, and Azusa Light & Water -729 N. Azusa Avenue, Azusa CA. "
(104
March 26, 2012
Chair Keith Hanks
l�
AZUSA
LIGHT & WATER
Utilities Director Comments
° Water Supply Update
2
AZUSA
LIGHT & WATER
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o AMC requires annual election of Chair,
Vice Chair and Secretary (City Clerk)
o Not later than 2nd meeting after new
Mayor Pro Tem.
This is first meeting since new Mayor
Pro Tem was selected on March 19.
3
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AZrUSA
LIGHT & WATER
Ant
° February 27, 2012 Minutes
° Sludge Handling Feasibility Study Award to
Civiltec ($36,690)
• Public Hearing for Annual Refuse Rate
Adjustment (June 18, 2012)
° Iberdrola Wind Contract Amendment
AZUSA
LIGHT a WATER
2013 Local Resource
Capacity Procurement
Azusa Utility Board
March 26, 2012
5 AZUSA
LIGHT 6 WATER
In April 2006, the Utility Board adopted a
Resource Adequacy Program for AL&W
° Program provides that City procure sufficient
System Capacity for a 15% margin
° Per the CAISO, a portion of System Capacity
must be from local "in basin" resources
..l
AZUSA
LIGHT 9 WATER
° Azusa's Local Capacity requirement for
2013 is 36 MW
° Current wind and hydro resources
provide 5 MW
Net requirement is 31 MW
7
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AZUSA
LIGHT 6 WATER
RFP
° AL&W issued a request for local
capacity resource pricing on March 1
°Two (2) bidders responded with
Shell/Calpine submitting lowest price
0
AZUSA
L I G H T & W A T E R
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Staff recommends purchasing 31 MW purchase
of Local Capacity from Calpine/Shell for 2013
Price is $2.70 per KW -month ($1,004,400)
�61
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AZUSA
l 1 G H i 6 WATER
Si»�art GC Nic• MY
Azusa Utility Board
March 26, 2012
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AZUSA
LIGHT & WATER
In 2005, Azusa commissioned a study to develop
appropriate meter strategy
Based on study, utility began installing "one way"
AMR meters
° AMR meters may be read remotely by -handheld
unit, by vehicle drive-by or by stationary collectors
° Today, they are read by handheld unit only
Approximately 25% of Azusa electric meters are
AMR capable today
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11 AZy,USA
LIGHT & WATER
�ITI�•�It E"t�'�f-ti
Recently, there has been an electric industry push to
install "smart" meters
• Also called "AMI" or Advanced Metering Infrastructure
• These meters allow 2 way communications between
smart meter and utility
• Cost may be as much as $300 per customer for each
of water and electric
By year-end, over 75 % of California consumers will
have smart meters
12 AZUSA
LIGHT & WATER
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PIJE)!}.�e�uS pug JwNf
Some AMI Benefits
Enhanced customer service
Tamper detection
Papaver quality monitofing
Outage nigmt
Load forecati ng
Asset mgmt:including transformer Sizing
Reduce line losses
Premise device - load control interface or capability
Remotely change metering parameters
Price respvnisive DR
Interface with water or gas meters
Pricing event notification capability
M 10% 20% 30% V-4 50% GD% 70% 80 n
DYes, Entity Uses CapabiliRy i
3o-xce: FERC cin n
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AZUSA
LIGHT d WATER
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1
i
1
M 10% 20% 30% V-4 50% GD% 70% 80 n
DYes, Entity Uses CapabiliRy i
3o-xce: FERC cin n
14
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AZUSA
LIGHT d WATER
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In November 2010, the Utility Board authorized Staff to
evaluate/consider implementation of smart grid for Azusa.
Smart Grid implementation would be extremely complex and
inefficient for a smaller municipal utility like Azusa
Issues are capital investment (-$15 million), integration of a
variety of complex IT systems, availability of skilled internal
management and technical resources, etc.
Staff has been monitoring fast paced changes in the smart grid
area and has identified a "no cost" approach for analyzing smart
grid implementation in Azusa.
This approach involves obtaining third party smart grid services
versus "go it alone"
15
AZUSA
LIGHT b WATER
SAIC M�.���.�I
• SAIC is a Fortune 500 engineering and technology
consulting firm with roots assisting Azusa and other public
utilities
• SAIC is proposing "no cost" full implementation of smart
utility services
• "No cost" means that the cost of smart grid services would
not exceed Azusa's real monetary benefits
• SAIC would dedicate resources at no cost to assist Azusa
to identify real benefits and impacts of smart grid over a 3
to 4 month period
Goal of SAIC is to establish a smart grid demonstration
project in southern California
16 AZYUSA
LIGHT & WATER
L�-ltt�� r�•}� I r�t�rpt
To document the parties' interest and
responsibilities during the review period, a Letter
of Intent is proposed
There would be no cost to Azusa other than
internal time spent to assist SAIC
Assuming a business case can be made for
obtaining third party smart grid services, staff
expects to develop a .detailed services agreement
followed by issuance of an RFP to ensure a
competitive procurement
17
AZUSA
LIGHT & WATER
° Authorize the Director of Utilities to
,final ize/execute a no cost, no long-term
commitment, Letter of Intent with SAIC
for a smart grid cost/benefit study
AZUSA
LIGHT & WATER
Elti-�t:tr-�•}��i�:
am��ki���•� S�-�r�it.'.Z;
Azusa Utility Board
March 26, 201219
AZUSA
LIGHT & WATER
° About 2,500 utility customers use "home
banking" to make AL&W payments
0 Currently, the banks send a check for
such payments
° This can cause up to a week delay since
checks require manual handling
° The delay can result in late payments
and even shut -offs in some cases �.
20 AZUSA
LIGHT & WATER
IM
° The City's bank, Wells Fargo, now offers a
service called "E -Box".
Under E -Box, customer bank payments are
transmitted electronically in real-time to Wells
Fargo.
o Concurrently, an electronic file is uploaded to
AL&W's billing system
° The result is customer payments are credited
"instantly".
21
AZUSA
LIGHT d WATER
There is a one-time set-up charge of
$17500
° Monthly cost is $525.
22
AZUSA
L I G M i d W A T E R
It is recommended that the UB:
— waive competitive procurement for E -Box
services given Wells Fargo banking
relationship, and
— authorize Director of Utilities to enter into
an agreement with Wells Fargo for three
years of E -Box payment crediting service
23
AZUSA
LIGHT 6 WATER
atW11111 ic: f��. r �•� i fi�t•� St�.�tic•�r��
Azusa Utility Board
March 26, 2012',M
24 AZUSA
LIGHT 6 WATER
�.3�:k�•�r �•���I ,
At last month's UB meeting, Staff
provided a status report of its efforts to
procure local EV demonstration units
It noted that it had received 3 proposals
from RFP for EV Charging Units (~$7K
each)
Staff also noted that it had received a
proposal for free charging stations
25 AZ�USA
LIGHT d WATER
EC�t�ality Pr o�•��tiCIO
• ECOtality to provide 2-7 EV chargers to Azusa at no
cost ($3,500 value) under ARRA grant
• Level II "Blink" EV chargers
• Installation subsidy of $2,250 per unit ($4,500 for a
dual installation)
° ALM to oversee installation and contribute electricity
ALM to receive 50% of charging revenue
Automated billing services using RFID cards
Installation must be completed by June 30 under grant
26 �``✓.w
AZUSA
LIGHT d WATER
• Demonstration period ends on April 30, 2013
• ECOtality would control charge price during
demonstration period
° Chargers contain a small electronic screen
that ECOtality could use to display advertising
After demo term:
— chargers will become AL&W property if desired or
ECOtality would remove
— AL&W could negotiate longer term billing and/or �•,Ae
maintenance arrangement -�-
`4'Y�
27 AZUSA
L G n t 5 W H r[ q
Simply smarten
Level 2 Pedestal EVSE
Simply Smart Pedestal Design
EMaric Vehicle Supply Eyaipmem IME) provide, canvenlem means
m charge deceit vehicles. level 2 charging 1240 v 11 AC Inpml is the
ppnnmaty and preened method for dwrglng in residenXal and public
location+. The ECOmlity dmlgn provides Inleligenf, uwfdendly
hannes m aoaly and a!ely charge elecRtc vehicles
Benefits of ECC1lalVs Unique
Binary Design
• Dramatic, treeless, aytdA Opp...
• Ease al mtlallasan
• Specified a&.M.Ing +pace an pederml
• C—imt cable ina agement M big reach and sbrage
between .
• Cmnecmr WIfer for prWenian and 0".
• fi*fi • connMa "ng
SelenNe heghtd•ngn far convenient cacrMI ce wills
• ADA r.9uirefenh
• 360' beacon tight for easy-.Anding
J1772 Standard EV Connector
The SAE 17772 is da mar dard far elecnm vehlds charging in
da Unned Siam.
• E g. mk deegn
• flevern accidenml dlennrrecncn
• Grounded poli • fire m fele canmd, last m break canmm
• De+igned for aver 10.000 cycles
• Can wil imnd being driven aver by a+.hide
• Safe m wet u dry ua
Energy Meter
• Int.mal reeler m mcarw energy and demand u+age
• Suppab energy -sage dam mk coat
• Svpparh eleatic Obly EV biting when Wilted m ANSI
12.20 and IEC mardordr
Touch Screen
• C.n1eni, uaridandly much screen di -play
• Charge meta and+mhsec+
• find charging aotlons
• Smtu+ m•+agn dewed m oar's smart phone
F9
bink
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AZUSA
LIGHT b W A t E F
I
a�=�xt 5t�-3�•��
° AL&W to finalize agreement and .return
to City Council for approval
° AL&W
to work with
ECOtality
agent
called
EV Connect
to identify
suitable
installation sites
Site hosts will need to sign ECOtality
permission agreement
29
AZUSA
L 1 G 4 T & WATER
Coflecto'on Workshops
Azusa Utility Board
March 26, 2012
30
AZUSA
LIGHT b WATER
ALM will host four (4) automated trash
pick-up workshops in April 2012
— Pop-up canopy with Azusa logo
— Ten "story boards" on tripods, four key boards
in Spanish also
— Two barrels of each color, black & green -- one
each filled with normal trash.
— Athens to assist with questions and provide
sample truck for viewing
— Suggestion/comment box to be available
31
AZUSA
L I G H T b W A* E R
Workshops
April 5, 2011 (Thursday)
Easter Egg Hunt
5:00 p.m. -8:00 p.m.
Memorial Park
320 N. Orange Place
April 14, 2011 (Saturday)
11:00 a.m.-1:00 p.m.
Edgewood Center Parking Lot
121 E. Gladstone
April 21, 2011 (Saturday)
11:00 a.m.-1:00 p.m.
Jr. Olympic Meet
Azusa Pacific University Track & Field
901 E. Alosta
April 241h (Tuesday)
4:30 — 6:30 p.m.
Senior Center
740 N. Dalton
32
kA
AZUSA
LIGHT & WATER
Questions/Comments
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AZUSA
LIGHT b WATER
AZUSA
ELECTION OF OFFICERS
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THA UTILITY
BOARD
FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES
DATE: MARCH 26, 2012
SUBJECT: ELECTION OF OFFICERS
RECOMMENDATION
It is recommended that the Utility Board elect by majority vote a Chairperson and Vice Chairperson
to serve as officers of the Utility Board.
BACKGROUND
The Utility Board was formed in May 2001 pursuant to ordinance 01-03, which was later amended
by ordinance 0 1 -07 (attached). The Utility Board is composed of City Council Members acting as
Utility Board Members, with the Director of Utilities serving as executive advisor to the Board. The
Utility Board meets monthly on the fourth Monday of each month in the downstairs conference
room at Azusa Light & Water offices to conduct business related to the City's electric and water
utilities.
Section 2-415 of the Azusa Municipal Code requires the Utility Board to elect a Chairperson, Vice
Chairperson, and a Secretary annually no later than the second meeting following appointment of the
Mayor Pro Tem by the City Council. Since new Mayor Pro Tem was selected on March 19, 2012,
the Utility Board must elect by majority vote a Chairperson and Vice Chairperson. The functions of
Secretary are delegated to the City Clerk.
FISCAL IMPACT
There is no fiscal impact of electing officers.
Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities
005
ORDINANCE NO. 01- 07
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA,
AMENDING CHAPTER 2, ARTICLE V, DIVISION 5 OF THE
MUNICIPAL CODE REGARDING THE COMPOSITION,
OFFICERS, POWERS AND DUTIES OF THE UTILITY BOARD
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2, Article V, Division 5, Section 2-413 of the Azusa
Municipal Code is hereby replaced, in its entirety, with the following:
"See. 2-413 Composition. The board shall consist of five members. The city
council may choose by a majority vote of the council to appoint its five members
as the ex officio members of the board. All members shall be appointed by a
majority vote of the city council and shall serve pursuant to section 2-32.
Members of the board may be removed pursuant to section 2-32"
SECTION 2. Chapter 2, Article V, Division 5, Section 2-414, of the Azusa
Municipal Code is hereby replaced, in its entirety, with the following:
"Sec. 2-414 Powers and Duties. When the board members are acting in their
capacity as both members of the board and members of the city council, the board,
acting jointly with the city council, shall have the following powers and duties:
1. To establish electric power and water rates, capacity and connection
charges, meter charges and such other fees and charges as maybe appropriate and
to generally regulate, control, manage, renew, repair and extend the water system
and the electric power generation and distribution system of the City of Azusa.
2. To make rules and regulations governing the conduct of the board and its
members and the employees of Azusa Light and Water.
3. To control and order the expenditure of all money received from the sale
or use of water and electric power for defraying of expenses, maintenance, repairs,
construction, extension and operation of the water and electric power system and
for any expenses for additions to same.
4. To supply Azusa Light and Water's customers with water and electric
power for any and all purposes and adopt all necessary rules and regulations for
the provision of service.
5. To enter into contracts with any public or private agency for the exchange
RVPUBVFR618015
of water or electric power, provided that any such water or electric power so
exchanged by the city shall be repaid in full to the city within a reasonable period.
6. To hold, lease, acquire and purchase property in the name of the city.
7. To dispose of property surplus to the needs of the water or electric power
systems, provided that any sale, lease or disposal of its assets, including property
used in the generation of electrical energy, other than those unnecessary to the
operation of the water and electric power systems.
8. To engage such legal services as maybe required or require the services of
the city attorney."
SECTION 3. Chapter 2, Article V, Division 5, Section 2-415 of the Azusa
Municipal Code is hereby replaced, in its entirety, with the following:
"Sec. 2-415 Chairperson, Vice Chairperson and Secretary The board shall elect
one of its members as chairperson, one as vice chairperson, and one as secretary.
Each of these three (3) board officers shall hold office for one (1) year and until
their successors are appointed. Initially, officers shall be selected no later than the
second meeting of the board following its appointment. Subsequent selection of
officers shall occur no later than the second meeting following the selection of the
mayor pro tem of the city council. The secretary may delegate to the city clerk
duties such as making tape or other recordings of meetings of the board and
developing draft Minutes of such meetings for consideration and possible
approval by the board."
SECTION 4. Chapter 2, Article V, Division 5, Section 2-418 of the Azusa
Municipal Code is hereby replaced, in its entirety, with the following:
"Sec. 2-418 Budget. While the board members are acting in their capacity as
both members of the board and members of the city council, the board shall
initially adopt a budget for Azusa Light and Water within four months of its first
meeting, and thereafter shall annually adopt a budget for Azusa Light and Water,
showing the expected expenses and revenues of the water and electric power
enterprise. The city manager will present the budget to the board for adoption.
The annual budget shall be incorporated into the budget of the city."
SECTION 5. Chapter 2, Article V, Division 5, Section 2-419 of the Azusa
Municipal Code is hereby replaced, in its entirety, with the following:
"Sec. 2-419 Loans. While the board members are acting in their capacity as
both members of the board and members of the city council, the board may
approve and authorize loans to or from the funds subject to its control from or to
RVPUHUFF\61 8015
007
city funds on a temporary basis."
SECTION 6. Severability. If any section, subsection, sentence, clause,'phrase or
portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this ordinance. The city council hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
other portions might subsequently be declared invalid or unconstitutional.
SECTION 7. This ordinance shall be in full force and effect thirty (30) days after
its passage.
SECTION 8. A summary of this ordinance shall be published in the manner
required by law.
PASSED, APPROVED AND ADOP� day of October, 2001.
Cristina Cruz -Madrid
Mayor
ATTEST:
Vera Mendoza, City Clerk ell
RVPUBVM618015
M
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the
foregoing Ordinance No. 01-07 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 17 day of September2001, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 1 day
of October , 2001, by the following vote, to wit:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Vera Mendoza,
City Clerk
APPROVED AS TO FORM:
City Attorney
RVPUBUFF\618015
009
EXCERPTS FROM ORDINANCE 01-03
Sec. 2-416 Meetings. The board shall establish a regular time and place of meeting and
shall meet regularly at least once a month or more frequently as workload requires. The regular
place of meeting shall be in the Azusa Light and Water building. At least once every three (3)
months, or more frequently if the board desires, the board may meet in other places and locations
throughout the city for the purpose of encouraging interest and facilitating attendance by people in
the various neighborhoods in the city at the meetings.
Special meetings may be called by the chairperson or by three (3) members of the
board, upon personal notice being given to all members or written notice being mailed to each
member and received at least 36 hours prior to such meeting, unless such notice is waived in writing.
All board meetings, and agendas for such meetings, shall be publicized in advance
by written notice given to newspapers serving the city at least three (3) days prior to regular meetings
and at the same time as members are notified of special meetings. In addition, notice of meetings,
shall be posted regularly at locations normally utilized by the city for such purposes.
All meetings shall be open to the public pursuant to the provisions of the Ralph M.
Brown Act. (Gov. Code § 54950 et seq.) The board shall cause to be kept a proper record of its
proceedings. The records and files of the board and its officers shall include, but not be limited to,
all official correspondence, or copies thereof, to and from the board and its members received in their
official capacities and shall be kept open for inspection bythe public at reasonable times in the office
of the city clerk.
Sec.2-417 Technological Support. The members oftheboard may receive technological
support in the form of hardware, software or reimbursement for telecommunications services used
in connection with serving on the board. Members shall also be reimbursed for any reasonable and
necessary expenses incurred by them in the performance of their duties as members of the board.
01U
D-1.
CITY OF AZUSA
MINUTES OF THE REGULAR MEETING
OF THE AZUSA UTILITY BOARD/CITY COUNCIL
MONDAY, FEBRUARY 27, 2012 — 6:30 P.M.
it
AZUSA
The Utility Board/City Council of the City of Azusa met in regular session, at the above date and time, at the
Azusa Light and Water Conference Room, located at 729 N. Azusa Avenue, Azusa, California.
Chairman Hanks called the meeting to order. Call to Order
Ms. Peggy Martinez led in the Flag Salute. Flag Salute
ROLL CALL Roll Call
PRESENT: BOARD MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
ABSENT: BOARD MEMBERS: NONE
ALSO PRESENT: Also Present
City Attorney Ferre, City Manager Makshanoff, Director of Utilities Morrow, Assistant to the Director of
Utilities Kalscheuer, Assistant Director of Customer Service and Care Vanca, Assistant Director of Resource
Management Lehr, Public Works Director/Assistant City Manager Haes, Assistant Director of Electric
Operations Langit, Director of Economic and Community Development Christiansen, Police Captain Momot,
City Clerk Mendoza, Deputy City Clerk Toscano.
PUBLIC PARTICIPATION Pub Part
None None
UTILITIES DIRECTOR COMMENTS Dir Comment
Director.of Utilities Morrow provided an update on the Palo Verde Nuclear Generating Station stating that it is Dir of Util
largest in the United States, the second most productive in the world, it set the record for lowest outage in Palo Verde
nuclear history, and contains no GHG. Nuclear Plant
UTILITY BOARD MEMBER COMMENTS Brd Mbr Com
Director Rocha invited all to attend Banner Hanging by Target Store for two servicemen serving in Rocha
Afghanistan, Sunday at 9 a.m. He suggested the Azusa Senior Center.as one of the sites for the automated Comment
trash pick up demonstration.
011
The CONSENT CALENDAR consisting of Items D-1 through D-6, were approved by motion of Board Consent Cal
Member Carrillo, seconded by Board Member Gonzales and unanimously carried with the exception of item Appvd
D-2 which was considered under the Special Call portion of the Agenda.
1. The minutes of the regular meeting of January 23, 2012, were approved as written. Minutes appvd
2. SPECIAL CALL ITEM. Spec Call Item
3. Approval was given for the selection of De La Rosa & Co. to serve as underwriter to refund a portion Underwriters
of the long term debt issued by the water and electric utilities in 2003. De La Rosa
4. Approval was given for the addition of $10,000 to the blanket purchase order of Coastline Equipment, Coastline
Inc. Equip. P.O.
5. Approval was given for the addition of 42 days to the time of completion, Project W -266A, Water
Project W -
Main Replacement in Hilltop Avenue in Azusa, and San Bernardino Road in West Covina and Los
266A NOC
Angeles County and Workman Avenue in West Covina; Project was accepted and the City Clerk's
42 days add
Office was directed to execute the Notice of Completion and have the same recorded at the Office of
To complete
the Los Angeles County Recorder.
6. Approval was given to award a five year contract to Sequoia Financial Services for collection agency Sequoia Fin
services for unpaid closed utility bills and property damages. Collection
SPECIAL CALL ITEM Spec Call Item
2. Selection of Bond and Disclosure Counsel to Refund Water and Electric Utility Long Term Debt, Bond Cnsl
Discussion was held regarding the issue and the fact that there was only a $5,000 difference between the low Discussion
bidder and the City's legal Counsel Best Best & Krieger.
Moved by Board Member Macias, seconded by Board Member Rocha and unanimously carried to approve the Hawkins,
selection of Hawkins, Delafield & Wood LLP to serve as bond and disclosure counsel to refund a portion of Delafield &
the long term debt issued by the water and electric utilities in 2003. Wood LLP
SCHEDULED ITEMS Sched Items
Initiation of AB 2514 Mandated Study of Applicability of Energy Sy torage System(s) for Azusa Light & Water. AB 2514
Assistant Director of Resource Management Lehr presented and detailed the item stating that in 2010 AB 2514 Lehr
the Energy Storage Bill was signed into law which requires all electric utilities in California to undertake a Comments
study of the applicability of energy storage technologies. If technologies are cost effective, the utility must set
goals for procuring and installing, and the study must be initiated by March 1, 2012 and completed by October
1, 2014.
Moved by Board Member Carrillo, seconded by Board Member Macias and unanimously carried to authorize - Initiate Study
Azusa Light & Water to initiate a study of the feasibility and economics of procuring/installing energy storage Energy Storage
systems, as required by California Assembly Bill 2514. System
STAFF REPORTS/COMMUNICATIONS Staff Reports
Assistant to the Director of Utilities Kalscheuer presented the Second Quarter Financial Report for Water C. Kalscheuer
Utility; Fiscal year-to-date cash flow positive at $1.25 million. Water utility had a cash reserve of $22.7 FY12 Mid
million. Quarterly sales equal to prior year but down 25% from FY07, and debt service coverage of 2.19. Year Financial
Regarding Electric there is a positive cashflow of $2.2 million. Reserve level of $13.9 million. ($12.6 min) Report
Debt coverage of 10.9 is good, and sales equaled prior year level, but down about 10% from three years ago.
He responded to questions.
N.
012
102/27/12 PAGE TWO
Director of Utilities Morrow provided the Federal Legislative Report provided periodically by Morgan Dir of Utilities
Meguire to SCPPA. The purpose is to monitor Federal legislation and regulations in water/energy areas. The Federal
Federal budget for FY 13 and general energy policy are key items. Legislation
Director of Utilities Morrow provided an update on the Water Supply. To date, LA areas has received 6.5 Dir of Utilities
inches of rain and 16.3 is the historical average. Sierra snowpack is only 23% normal, State Water Project Update on
allotment has been reduced from 60% to 50%, key reservoirs in state are at high levels and Lake Mead is much Water Supply
improved.
Director of Utilities Morrow provided an update on Electric Vehicle/Charging Station Update stating that Dir of Utilities
L&W has solicited proposals for community electric vehicle charging stations and three bids were received. Electric Veh
Plans include purchase of two electric vehicles by L&W for demonstration. Discussions ongoing with a Charging Stn
vendor who may have grant funds for a couple of EV charging units.
Discussion was held regarding Automated Trash Collection Workshops and staff advised that they would be Automated
developing a formal contract amendment and the workshops would be held at the Azusa Senior Center, North Trash
Recreation Center, and Edgewood Shopping Center. Collection
Workshops
It was consensus of the Board Members to adjourn. Adjourn
TIME OF ADJOURNMENT 7:14 P.M.
SECRETARY
NEXT RESOLUTION NO. 12-C18.
02/27/12 PAGE THREE
013
AZUSA
U6Mi R Y,UiER
CONSENT CALENDAR
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY
BOARD
FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES
DATE: MARCH 26, 2012
SUBJECT: AWARD OF PROFESSIONAL SERVICES CONTRACT TO CIVILTEC
ENGINEERS TO PROVIDE ENGINEERING SERVICES - FEASIBILITY
STUDY FOR SLUDGE HANDLING FACILITIES
RECOMMENDATION
It is recommended that the Utility Board award a Professional Services contract to Civiltec
Engineers to provide engineering services for the preparation of a feasibility study of various
sludge handling facility options for the Hsu -Canyon Membrane Water Filtration Plant (WFP).
BACKGROUND
ALW has operated its low pressure membrane WFP for approximately two years and has found
that more sludge is produced by the treatment process than was anticipated during the design of
the WFP. Three sludge drying beds were constructed when the WFP was built which are
designed to dewater by evaporation, but the process of evaporation is complicated by the
location of the drying beds in the mouth of a canyon. The location of the ponds subjects them to
low temperatures and rainfall during the winter months. Consequently, full evaporative effect is
difficult to achieve, particularly during the winter.
Subsequent to approval by the Utility Board at its January 23, 2012 meeting, an RFP to select an -
Engineering consultant to conduct a feasibility study to examine various types of sludge handling
facilities was sent to ten qualified engineering consultants. Two consultants submitted proposals
to perform the feasibility study for the following fees:
Civiltec Engineers $36,690
Black & Veatch Corporation $89,200
Each of the responding consultants is well qualified and experienced to perform the necessary
engineering work. Staff recommends that Civiltec Engineers be awarded the contract to prepare
the feasibility study.
015
Consulting Engineer for Feasibility Study
March 26, 2012
Page 2
FISCAL IMPACT
The fiscal impact of the award of this contract is $36,690 to be funded from Fiscal Year 2011-
2012 Capital Improvement Project Budget Item No. 72112C.
Prepared by: Chet F. Anderson, P.E., Assistant Director- Water Operations
Attachment:
Proposed Scope of Services, Schedule and Fees
ois
City of Azusa, Azusa Light and Water
Chet Anderson, P.E., Assistant Director of Utilities — Water OperationsA
Proposal for Solids Handling Facilities Study k^'
C:). V F:)':
10
Hsu -Canyon Membrane Treatment Filtration Plant eemeerfT.
gng ire
March 5, 2012 „h
SCOPE OF SERVICES
PHASE I. RESEARCH
A. Meet with ALW Staff to discuss and finalize the project schedule and project needs. Obtain complete
as-builts of the plant facilities and all relevant studies and evaluations. All necessary base drawings
will be provided in the appropriate form to facilitate expedited analysis of the existing infrastructure.
B. Field review the existing treatment plant facilities to document and photograph current conditions and
to develop a better understanding of the system capabilities and operations,
C. Data collection and research will be performed by Civiltec to establish the base documentation
necessary to formalize the evaluation of the system. Civiltec will generate in tabular form an
advanced request for information that will assist in documenting requests. The items identified above
are inclusive of a preliminary list of information that will be necessary to formalize the effort.
Additional information may be necessary to finalize the effort as the work progresses.
PHASE Ii. REVIEW AND DATA ANALYSIS
A. Test particulate in water produced from the membrane backwash and sedimentation processes.
L'iviltec will perform tests to determine the solids concentration, total solids content, total weight,
bulk density, percent water content, pH, and alkalinity.
B. Work with ALW to prepare the Feasibility study of the system hydraulics, mass balance and solids
discharge options through and out of the solids handling facilities for the systems proposed and
studied. Our effort will prepare life cycle cost benefit for operation of the existing system compared
to the existing system. The study will entail preparation of a study considering the following:
1. Maintain wastewater treatment capability of existing wastewater treatment facility during
construction and change over to the new processes.
2. Project schedule updates and budget development updates.
3. Develop a Plan of Operation that substantiates staffing requirements, annual operational budget
and details, and approach to continue system operation during and after construction of the
upgrades.
4. Mechanical Treatment of settled solids through various treatment mechanisms.
5. Retrofit of existing evaporative ponds with underdrain, drying bed and decant system.
6. Conversion of the old sand filters and sedimentation tanks for installation of new structures and
equipment utilized for dewatering purposes.
7. Conversion of old sand filters and sedimentation tanks for filtration of decant and backwash
water.
8. Conversion of existing piping and pumping systems to discharge decant, filtrate and backwash
water directly to the spreading grounds.
017
City of Azusa, Azusa Light and Water
Chet Anderson, P.E., Assistant Director of Utilities Water Operations r>
Proposal for Solids Handling Facilities Study
Hsu -Canyon Membrane Treatment Filtration Plant eNX'" eY "x me
March 5, 2012
9. Conversion of existing foundation drain system of evaporative ponds to assist dewatering solids
placed in ponds and conveying water to the appropriate discharge locations.
10. Modifications to polymer dosing practices and controls to affect more optimal usage of polymer.
11. Review cost and practices associated with operation of system following current practices.
C. Prepare a site layout of the Solids Handling Facilities to determine the most efficient configuration
and location of the selected improvements. The conceptual site plans will be prepared at a scale of I -
inch = 40 feet, showing the location and layout, including major appurtenances and site utilities.
D. Permitting: Civiltee will evaluate, coordinate, and commence permitting requirements as necessary to
initiate communication with potentially affected agencies. This includes, but is not limited to the
following:
Coordinate with LARWQCB and Los Angeles Department of Public Works for feasibility study
report approval for potential discharge of decant, drain water and membrane backwash water to
the Spreading Grounds.
E. Civillec will solicit cost and performance information from equipment vendors. The equipment
desired to be analyzed is as follows.
1. Belt Press
2. Centrifuge
3. Screw Dewatering Press
4. Forced Air Ventilation and Solids Turning System (Conversion of Existing Sand Filters)
F. Civillec will perform an analysis and evaluations of equipment and improvement alternatives studied
and prepare a recommendation for consideration. Evaluation activities will focus on the following
criteria:
1.
Equipment Reliability
2.
Operability
3.
Installation Cost
4.
Equipment Cost
5.
20 -Year Present Value O&M
6.
Experience
7.
References
8.
Warranties
9.
Owner's Preference
10.
Availability
PHASE II. REPORT
A. Civiltee will document its efforts in establishing the conditions of the system as identified in the
Request for Proposal. We will prepare a report of the results of the studies and analyses identifying
the alternative studied. Submit the report summarizing the findings of the analysis performed. The
Report will contain a summary section, conclusions and recommendations along with all of the
backup support data. We will submit 3 draft copies initially for review and 5 final reports addressing
any ALW comments. All documentation will be prepared in Microsoft Word 2007 or later version.
Spreadsheets will be prepared in Microsoft Excel 2007 or later version and Exhibits will be created as
018
City of Azusa, Azusa Light and Water
Chet Anderson, P.E., Assistant Director of Utilities — Water Operations
Proposal for Solids Handling Facilities Study
Hsu -Canyon Membrane Treatment Filtration Plant
March 5, 2012
necessary in AutoCAD.
B. Meet with AL W Management and Staff representatives to discuss the Report.
The following is a preliminary outline of the Report:
PREFACE - EXECUTIVE SUMMARY
Summary
Conclusions
Recommendations
CHAPTER ONE — EXISTING CONDITIONS
Project Purpose, Scope and Need
Plant History
Existing Flows
Existing Treatment Systems
Abbreviations
Acknowledgments
CHAPTER THREE — DEVELOPMENT OF ALTERNATIVES
General Description
Evaluation Criteria
Criteria Analysis
Development of Mass Balance
Determination of Unit Process Capacities
CHAPTER FOUR — STUDY FINDINGS AND CONCLUSIONS
General Description
Findings and Conclusions
APPENDICES - LIST OF TABLES, FIGURES and PLATES
PROJECT DISCUSSION
Civillec will begin the initial phase of the Project by conducting a workshop with several members of the
City Management and Facility Operations Staff to review the project criteria, phasing objectives, and to
set guidelines for accomplishing the work in a timely manner. This initial phase will conceptualize and
formalize design criteria to be used in the up -front planning and obtain any information the City has in its
possession relevant to the Project.
After the workshop, we will commence several aspects of the upfront planning which include preparation
of an accurate base map for the planning efforts. We will prepare the study in accordance with the criteria
set herein and City input. The purpose of this study will be to determine the most feasible construction
methods for the solids handling system
The Civillec Engineering Team will meet with City Staff initially to begin the early phase of the study to
ensure that the City's goals are accomplished. Our primary goal is to maintain the City's confidence in
the planning concepts which can only be obtained with frequent communications.
M
avIi.&E
inp.bYN0.t
Civillec will begin the initial phase of the Project by conducting a workshop with several members of the
City Management and Facility Operations Staff to review the project criteria, phasing objectives, and to
set guidelines for accomplishing the work in a timely manner. This initial phase will conceptualize and
formalize design criteria to be used in the up -front planning and obtain any information the City has in its
possession relevant to the Project.
After the workshop, we will commence several aspects of the upfront planning which include preparation
of an accurate base map for the planning efforts. We will prepare the study in accordance with the criteria
set herein and City input. The purpose of this study will be to determine the most feasible construction
methods for the solids handling system
The Civillec Engineering Team will meet with City Staff initially to begin the early phase of the study to
ensure that the City's goals are accomplished. Our primary goal is to maintain the City's confidence in
the planning concepts which can only be obtained with frequent communications.
City of Azusa, Azusa Light and Water
Chet Anderson, P.E., Assistant Director of Utilities — Water Operations --
"4'Proposal for Solids Handling Facilities Study
CIVYI'1`13C.
Hsu -Canyon Membrane Treatment Filtration Plant a„gr„ee t„g „c
March 5, 2012 U
DESIGN SCHEDULE
Civi(tec is available to begin work on this project immediately and assuming a notice to proceed date of
April 25, 2012, will complete the scope of services according to the proposed schedule below (working
days are listed):
TASK
Notice To Proceed
Research
Review Data & Analysis
Draft Report
ALW Review
Final Report
DURATION
START
Od
Wed 4/25/12
5d
Wed 4/25/12
25d
Mon 5/1/12
15d
Tue 6/5/12
20d
Tue 6/26/12
l0d
Tue 7/24/12
ENGINEERING BUDGET
FINISH
Wed 4/25/12
Toe 5/1/12
Mon 6/4/12
Mon 6/25/12
Mon 7/23/12
Mon 8/6/12
Civi/tec proposes to provide the Scope of Services on a lump sum basis, not to exceed the following total
budget without written authorization from the City. Any additional scope of service will be performed
per the attached rate schedule.
PHASE I RESEARCH
$3,920.00
PHASE H REVIEW DATA & ANALYIS
$26,090.00
PHASE III REPORT
$6,680.00
TOTAL
$36,690.00
f10 ()
AZUSA
CONSENT CALENDAR
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE
UTILITY BOARD
FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES
DATE: MARCH 26, 2012
SUBJECT: PUBLIC HEARING ON JUNE 18, 2012 TO CONSIDER ATHENS
SERVICES REFUSE RATE ADJUSTMENT
RECOMMENDATION
It is recommended that the Utility Board schedule public hearing for regular City Council
meeting on June 18, 2012, to consider refuse rate adjustment for Athens Services, and
authorize staff to prepare and mail public notice of said hearing.
BACKGROUND
The City Attorney has advised that refuse rate adjustments are subject to Proposition 218,
which requires that the City Council adopt rate adjustments at a public hearing following
a 45 -day notice to the public of said hearing.
Since the calculation of refuse rates uses disposal data through March 2012, there is a
relatively small window to calculate final refuse rate adjustments and provide notice to
the public of the proposed rate adjustments. For this reason, staff is requesting early
authorization to notice the public of the proposed rate calculation so that it can be mailed
by the end of April.
While refuse rates are still being calculated, table on next page shows preliminary
adjustments. Both residential barrel customer rates and bin customer rates are expected
to be slightly lower, mainly due to prior year disposal credits, lower levels of disposal
tonnage, and Athens' ability to take advantage of volume discounts at the Puente Hills
landfill.
Commercial rates are expected to increase, largely due to an increase in disposal tonnage
and reduction in overall cubic yards of service. City staff is reviewing trend information
now with Athens' to verify that reported commercial service levels are accurate. Once all
information is verified a "Final" adjustment calculation will be prepared and mailed with
the Public Notice.
021
Refuse Rate Adjustment Public Notice
March 26, 2012
Page 2
Preliminary Refuse Rate Adjustments
July -June
July -June
2011-2012
2012-2013
2012-2013
Current
Proposed
Change
SERVICES
Total Monthly Rate
Total Monthly Rate
% $
Residential Barrel Service
$22.58
$22.10
-2.12% ($0.48)
Multifamily Bin
$17.91
$17.65
-1.47% $0.26
Commercial Bins
Size - 3 Cubic Yards
1 Day/Week
$116.74
$123.87
6.11% $7.13
2 DaysNVeek
$176.91
$190.01
7.40% $13.10
3 Days=eek
$237.17
'$266.22
8.03% $19.05
4 Days/Week
$297.27
$322.27
8.41% $25.00
5 Days/Week
$357.64
$388.59
8.65% $30.95
Size - 2 Cubic Yards
1 Day/Week
$102.51
$107.78
5.14% $5.27
2 Days/Week
$150.47
$159.88
6.25% $9.41
3 Days/Week
$198.22
$211.77
6.84% $13.55
4 Days/Week
$247.00
$264.68
7.16% $17.68
5 Days/Week
$294.52
$316.33
7.41% $21.81
Size - 1.5 Cubic Yards
1 Day/Week
$78.12
$82.11
5.11% $3.99
2 Days/Week
$131.95
$139.39
5.64% $7.44
FISCAL IMPACT
The cost of printing and mailing the public notice will be about $3,000. AB 939 fee
revenues will be used to pay these costs.
Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities
,5M
CONSENT CALENDAR
TO: HONORABLE CHAIRPERSON AND MEMBERS OF
UTILITY BOARD
FROM: GEORGE F. MORROW, DIRECTOR OF
DATE: MARCH 26, 2012
SUBJECT: AMENDMENT TO THE LONG-TERM POWER PURCHASE
AGREEMENT (WIND POWER) WITH IBERDROLA RENEWABLES,
INC.
RECOMMENDATION
It is recommended that the Utility Board approve Amendment No. 2 to Long -Term
Power Purchase Agreement (Wind Power) between Iberdrola Renewables, Inc. and City
of Azusa and authorize the Director of Utilities to execute the document.
BACKGROUND
In 2003, the City of Azusa executed a long term power purchase agreement for wind
power and an associated guaranty agreement with PacifiCorp Power Marketing (PPM).
PPM was subsequently acquired by Scottish Power and later by Iberdrola Renewables,
Inc. The agreement provides for Azusa to purchase renewable energy sourced from a
wind farm in Solano County, CA for 20 years at $53.50/MWH - a very competitive price
in light of current and projected renewable market conditions.
In October 2010, Azusa and Iberdrola executed Amendment No. 1 to the agreement
implementing changes of the counterparty and guarantor's names - from PPM to
Iberdrola Renewables Inc. and from PacifiCorp Holdings, Inc. to Iberdrola Renewables
Holdings, Inc., respectively. Moreover, in March 2009, in anticipation of potential
pricing uncertainties associated with the ISO's rollout of the new market structure —
MRTU, Azusa and Iberdrola agreed to change the point of contract energy delivery from
SPI 5 to the Mead 230 tie point.
To optimize the usage of contract energy for renewable portfolio standard (RPS)
compliance as well as to minimize potential exposure to "carbon tax" under Cap -and
trade, Azusa needs to change the delivery point from Mead 230 tie back to trading hub
SP -15. Accordingly, the attached amendment changes the contract energy delivery point
and provides updated sections on payment mechanism and transfer of associated
renewable energy credits via the Western Renewable Energy Generation Information
System (WREGIS) system as required by the California Energy Commission (CEC).
023
Iberdrola Amendment No. 2
March 26, 2012
Page 2
There are no changes to the commercial terms and conditions of the basic wind
transaction.
FISCAL IMPACT
There is no fiscal impact associated with the proposed contract amendments.
Prepared by: Yarek Lehr, Assistant Director of Resource Management
2 024
Amendment No. 2 to
Long -Term Power Purchase Agreement
(Wind Power)
between
Iberdrola Renewables, Inc.
And
City of Azusa
This Amendment No. 2 to Long -Term Power Purchase Agreement (Wind Power)
("Amendment') is entered into effective May 1, 2012, between the City of Azusa, a municipal
corporation created pursuant to the laws of the State of California ("Purchaser"), and Iberdrola
Renewables, Inc., an Oregon corporation (formerly known as PPM Energy, Inc.) ("Seller").
RECITALS
A. Seller and Purchaser are Parties to the Power Purchase Agreement dated as of August 11,
2003, as amended on October 13, 2010 (the "Agreement').
B. Under the Agreement Seller sells to Purchaser and Purchaser purchases from Seller
Delivered Energy and associated Environmental Attributes from the wind generation
Project.
C. The Project is located in the state of California and is interconnected with and delivers all
of its output into the CAISO.
D. The CAISO has implemented MRTU (as defined below).
E. The Parties desire to amend the Agreement to provide for the settlement of Delivered
Energy (as defined below) and the continued delivery of associated Environmental
Attributes to Purchaser from the Project, as set forth in the Agreement as hereby
amended.
ARTICLE 1 - DEFINITIONS
Unless otherwise defined herein, capitalized terms used in this Amendment shall have the
meanings ascribed to them in the Agreement.
A. The following definitions contained in the Article 1 — Definitions section of the Agreement
are hereby deleted in their entirety and are hereby replaced with the following:
"Delivered Energy" means the like volumes, as specified in Article 4, submitted by both
Purchaser and Seller for a given hour as an Inter -SC Trade at the Delivery Point, or a transaction
that most resembles an Inter -SC Trade transaction under the CAISO tariff if this method ceases
to exist in the future.
Amen threat to Pam cr Purchase Agreement —EXEC UTION COPY
Page 1 of 8
025
"Delivery Point" means the EZ Gen Trading Hub designated as SP -15 under the CAISO tariff.
If such definition of SP -15 changes in any material respect or the zone ceases to exist, Seller
shall promptly designate an alternate Delivery Point that most nearly resembles (in terms of
liquidity, homogeneity and relative economic impact on each Party) the previous definition of
SP -15; provided, however, that such designation shall be subject to the consent of Purchaser's
authorized representative, which such representative shall not unreasonably condition, withhold
or delay. In the event that the Parties cannot agree on an alternative delivery point, then the
Delivery Point shall be the 230kV side of the Mead substation.
"Installed Capacity" shall mean the nominal or nameplate number of MW each wind turbine is
capable of producing, multiplied by the number of wind turbines installed at the Project (or at the
Alternate Project). For example, as of the date of this Amendment the Project wind turbines have
a nameplate capacity of 1.8 MW per turbine multiplied by 90 turbines yields a Project Installed
Capacity of 162 MW. Seller shall notify Purchaser within 15 days of any changes in Project
installed Capacity.
B. The Definitions section in Article 1 is hereby further amended to add the following
definitions which are to be in addition to and supplement the Agreement:
"Inter -SC Trade (IST)" means a trade between Seller and Purchaser of Energy, as defined in
the CAISO tariff, in accordance with the CAISO tariff.
"LMP" means Locational Marginal Prices, as defined in the CAISO tariff, applicable to the
Delivery Point or the PNode, respectively, for the relevant hour.
"MRTU" means CAISO's Market Redesign and Technology Upgrade which took effect on
April 1, 2009.
"PNode" means the Pricing Node, as defined in the CAISO tariff, associated with the
interconnection point between the Project and the CAISO transmission system.
"Purchaser's WREGIS Account" has the meaning set out in Section 3.2.3(i).
"Seller's WREGIS Account" has the meaning set out in Section 3.2.3(1).
"WREGIS" means the Western Renewable Energy Generation Information System, operated by
an independent, renewable energy generation registry and tracking system for the region covered
by the Western Electricity Coordinating Council or any successor renewable energy tracking
program.
"WREGIS Certificate" has the meaning given in the WREGIS Operating Rules.
"WREGIS Certificate Modification" has the meaning set out in Section 3.2.3.
Amendment to Poaer Purchase Agreement— EXEC UPION COPY
Page 2 of 8
"WREGIS Operating Rules" means the rules that describe the operations of the WREGIS, as
may be amended, which are currently available at
httr):Pw�zw.",regis.org/unloads'fites1852. wREGIS'S'o200nerat in e9,20RuIes"620v%2013"4209"X2010 df.
ARTICLE 3 — PURCHASE AND SALE
3.1 Purchase and Sale of Delivered Energy. The body of Section 3. 1.1 is hereby deleted in
its entirety and replaced with the following language:
"In accordance with the terms and conditions hereof, commencing on the date on which
this Amendment becomes effective and continuing throughout the Term, Seller and
Purchaser shall provide and receive Delivered Energy according to the CAISO tariff."
3.2 Environmental Attributes: The body of Section 3.2.3 is hereby deleted in its entirety and
replaced with the following language:
"Seller will deliver Environmental Attributes under this Agreement from the Project or an
Alternate Project, with such delivery to be accomplished by (i) WREGIS Certificate
Transfers, as described in the WREGIS Operating Rules, transferring all such
Environmental Attributes to Purchaser's designated WREGIS account as WREGIS
Certificates in the manner set out below.
Unless both Parties otherwise mutually agree in writing to use a different tracking or
transfer method other than WREGIS, Seller shall, at its sole expense, take all actions and
execute all documents or instruments necessary to ensure that the WREGIS Certificates
associated with the Environmental Attributes are issued and tracked and transferred in a
timely manner to Purchaser for Purchaser's sole benefit. Seller shall comply with all
Applicable Law and the WREGIS Operating Rules regarding the certification and
transfer of such WREGIS Certificates to Purchaser and Purchaser shall be given sole title
to all such WREGIS Certificates. In addition:
(i) During the delivery Term, Seller shall establish and maintain an account
with WREGIS ("Seller's WREGIS Account"). Seller shall transfer the WREGIS
Certificates using "Certificate Transfers" (as described in the WREGIS Operating Rules)
from Seller's WREGIS Account to the WREGIS account(s) of Purchaser or the
account(s) of a designee that Purchaser identifies by Notice to Seller ("Purchaser's
WREGIS Account"). Seller shall be responsible for all expenses associated with
registering the Project with WREGIS, establishing and maintaining Seller's WREGIS
Account, paying WREGIS Certificate issuance and transfer fees, and transferring
WREGIS Certificates from Seller's WREGIS Account to Purchaser's WREGIS Account.
Notwithstanding the foregoing, Seller shall not be deemed to be in default of its
obligations under this Section 3.2.3 to the extent Seller's failure to effect or maintain any
of the WREGIS registrations required hereunder is attributable solely or in material part
to any act or omission of, or failure to perform by, CAISO (or any successor Qualified
Reporting Entity as defined in WREGIS Operating Rules) or WREGIS.
Amendment to Power Purchase Agreement - EXECUTION COPY
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027
(ii) Purchaser shall, at its sole expense, establish and maintain Purchaser's
WREGIS Account with WREGIS during the delivery Term sufficient to facilitate the
transfers of WREGIS Certificates from Seller to Purchaser as contemplated by this
Section 3.2.3. Purchaser shall be responsible for all expenses associated with (A)
establishing and maintaining Purchaser's WREGIS Account, and (B) subsequently
transferring or retiring WREGIS Certificates.
(iii) Seller shall cause Certificate Transfers to occur on a monthly basis in
accordance with the certification procedure established by the WREGIS Operating Rules.
Since WREGIS Certificates will only be created for whole MWh amounts of Metered
Output generated, any fractional MWh amounts (i.e., kWh) will be carried forward until
sufficient generation is accumulated for the creation of a WREGIS Certificate.
(iv) Seller shall, at its sole expense, ensure that the WREGIS Certificates for a
given calendar month are equal to the Metered Output for such calendar month (subject
to WREGIS Operating Rules regarding partial generation) as evidenced by the Project's
metered data. If there is any deficit or surplus in WREGIS Certificates delivered to
Purchaser for a calendar month as compared to the Metered Output for the same calendar
month (a "WREGIS Certificate Modification"), the Parties shall cooperate in good
faith to cause WREGIS to correct the error or omission resulting in the surplus or deficit.
Should a WREGIS Certificate Modification be required, Seller shall exercise
commercially reasonable efforts to provide Purchaser with prompt written Notice thereof
with any supporting documentation pertaining to the WREGIS Certificate Modification.
(v) Due to the ninety (90) day delay in the creation of WREGIS Certificates
relative to the timing of invoice payment under Article 5, Purchaser shall make an
invoice payment for a given month in accordance with Article 5 before the WREGIS
Certificates for such month are formally transferred to Purchaser in accordance with the
WREGIS Operating Rules and this Section 3.2.3. Notwithstanding this delay, Purchaser
shall have all right and title to all such WREGIS Certificates upon payment to Seller in
accordance with Article 5.
(vi) If WREGIS changes the WREGIS Operating Rules or applies the
WREGIS Operating Rules in a manner inconsistent with this Section 3.2.3 after the
Effective Date of this Agreement, the Parties promptly shall modify in writing this
Section 3.2.3 as reasonably required to cause and enable Seller to transfer to Purchaser's
WREGIS Account a quantity of WREGIS Certificates for each given calendar month that
corresponds to the Metered Output in the same calendar month.
(vii) Seller's compliance with this Section 3.2.3 shall be deemed to satisfy
Seller's obligation to convey Environmental Attributes to Purchaser.
If WREGIS is eliminated or materially changed such that this Section 3.2.3 cannot be
implemented in accordance with its terms, this Agreement shall remain in full force and
effect and the Parties shall take such steps as may be reasonably required in the
circumstances to effectuate the transfer of Environmental Attributes from Seller to
Purchaser in accordance with this Agreement and any successor to WREGIS. In the
Amendment 10 Power Purchase Agreement - EXECUTION COPY
Page 4 of 8
event that Purchaser and Seller are unable to transfer all or a portion of the
Environmental Attributes through WREGIS, the Parties shall take such steps as may be
reasonably required in the circumstances to effectuate the transfer of Environmental
Attributes from Seller to Purchaser in accordance with this Agreement."
ARTICLE 4 - BASE SCHEDULE; BASE SCHEDULE ADJUSTMENTS
4.1 Base Schedule: The body of Section 4.1 is hereby deleted in its entirety and replaced with
the following language:
"Base Schedule. During each month of the Tenn, commencing with the I" Day of the
first calendar month in which this Amendment becomes effective, (a) Seller shall submit
on a daily basis an Inter -SC Trade "from" the Seller's Scheduling Coordinator ID "to"
the Purchaser's Scheduling Coordinator ID to be executed at the Delivery Point in an
amount equal to the Base Schedule, with adjustments as set forth in Section 4.2, and (b)
Purchaser shall submit on a daily basis a matching Inter -SC Trade in every hour. Prior to
the Section 4.2 adjustments, the Base Schedule shall be a flat delivery of the Average
Annual Capacity in every hour."
4.3 Scheduling Practices: The body of Section 4.3 is hereby deleted in its entirety and
replaced with the following language:
(a) "The Parties shall adhere to scheduling procedures consistent with the
CAISO's Integrated Forward Market Inter -SC Trade protocols. The
authorized representatives of the Parties shall develop procedures as necessary
to account for changes to CAISO protocols.
(b) Each Party agrees that it will not abuse Scheduling Infrastructure Business
Rules (SIBR) or Inter -SC Trades in order to double bill or, double collect for
the same Delivered Energy, but will rather seek to use SIBR and Inter -SC
Trades in order to accomplish the essential intent and purpose of this
Agreement. To the extent any elections may be made as part of an Inter -SC
Trade submission, each Party covenants to make those elections that would
best fulfill the purpose of this Agreement. Each Party will submit Inter -SC
Trades to CAISO to provide that the Delivery Point is the delivery point for
each transaction.
(c) Each Party shall confirm prior to the Day Ahead Inter -SC Trade submittal
deadline that the Inter -SC Trade displays a "Matched" status within the
CAISO's SIBR system, and to take necessary action to revise the Inter -SC
Trade to ensure the trade is matched prior to the trade submittal deadline. If an
Inter -SC trade fails validation due to an error by one of the Parties, or, if the
CAISO does not accept an Inter -SC Trade in a circumstance where it should
according to the CAISO tariff, both Parties will either settle the transaction
pursuant to Section 4.3(d) or as is otherwise appropriate to accomplish the
Amendment to Power Purchase Agreement - EXECUTION COPY
Page 5 of 8
029
purposes of this Agreement or jointly bring the matter to the attention of
CAISO to be rectified pursuant to appropriate proceedings. If the Parties are
unable to cause CAISO to rectify the matter before payment for the
transaction is due under this Agreement, the Parties will settle the transaction
pursuant to Section 4.3(d) or as is otherwise appropriate to accomplish the
purposes of this Agreement.
(d) If the Parties do not use the Inter -SC Trade for a transaction, whether through
each respective Party's action or inaction or the unavailability of the Inter -SC
Trade process due to a force majeure event, change to or suspension of the
CAISO tariff or other event, or if the CAISO Inter -SC Trade process
otherwise does not function correctly, then subject to Section 4.3(e), Seller
shall owe Purchaser on the due date for payment for the transaction an amount
equal to the product of (i) the Base Schedule, and (ii) the Delivery Point Day
Ahead LMP, and an amount corresponding to the Base Schedule shall be
deemed Delivered Energy for purposes of the Balancing Account. If the
Delivery Point Day Ahead LMP is negative, Purchaser will owe Seller the
product of (i) the Base Schedule, and (ii) the absolute value of the Delivery
Point Day Ahead LMP, and an amount corresponding to the Base Schedule
shall be deemed Delivered Energy for purposes of the Balancing Account. If
after payment is made as provided in this Section the transaction does become
subject to the Inter -SC Trade process, the parnents made pursuant to this "
Section shall be refunded as appropriate to accomplish the purposes of this
Amendment.
(c) If the prices used to calculate the amount paid by Seller or Purchaser pursuant
to Section 4.3(d), or any other amount paid or payable by CAISO pursuant to
an Inter -SC Trade is subsequently changed by CAISO that results in the
amount of more than $25.00, the Parties shall within thirty (30) days of notice
thereof reconcile the payments made by each Party to the other hereunder to
account for such adjustment.
(f) By the 15`h day of each calendar month Seller shall provide to Buyer reading
of the total Project output for the preceding month as measured and recorded
by the ISO certified meter associated with the Project,"
ARTICLE 5 — BILLING AND PAYMENTS
5.1 Billine; and Pavment: The first full paragraph of Section 5.1 is hereby deleted in its
entirety and replaced with the following:
"Billing and payment of the Contract Rate for the Delivered Energy and all associated
Environmental Attributes sold and purchased under this Agreement and any other amounts
due Seller and payable hereunder shall be as set forth in this Section 5.1. All other IST
settlements and related charges will be between the Seller and the CAISO, and the Purchaser
and the CAISO, independently, through the CAISO IST settlement procedures."
Amendment to Power Purchase Agreement — EXECUTION COPY
Page 6 of 8
030
All provisions of the Agreement that this Amendment does not specifically modify shall remain
binding and legally enforceable. All references to the Agreement shall refer to the Agreement as
amended hereby. If a conflict or inconsistency arises between the provisions of this Amendment
and the Agreement, the provisions of this Amendment shall prevail.
This Amendment may be executed in one or more counterparts, each of which shall be deemed
an original executed document, and which, taken together, shall be deemed a single document.
[SIGNATURE PAGE FOLLOWS]
Amendment lu Power Purchase Agreement - EXECUTION COPY
Page 7 of 8
031
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed and
delivered as of the date set forth below.
IBERDRLA REN =NC.
By: J
Its: Kevin Devlin
Date: Aut
By:
Its:
CITY OF AZUSA
Date:
Amendment to Pou'er Purchase Agreement— EXECUTION COPY Page 8 of 8 032
AZUSA
AGENDA ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THESA
UTILITY BOARD
FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES
DATE: MARCH 26, 2012
SUBJECT: APPROVAL TO PURCHASE REQUIRED LOCAL RESOURCE
ADEQUACY CAPACITY FOR 2013 FROM CALPINE/SHELL
RECOMMENDATION
It is recommended that the Utility Board approve a Local Resource Adequacy Capacity
purchase of 31 MW for calendar year 2013 from Calpine (transacted through a "confirm"
with Shell acting on Calpine's behalf) and authorize the Director of Utilities to execute
the associated Confirmation Agreement once the executable copy is prepared.
BACKGROUND
On April 24, 2006, (in response to mandatory planning and operational requirements of
the CAISO), the Utility Board adopted a "Resource Adequacy Program" for the City of
Azusa. In general, the program provides that the City procure sufficient electric power
"capacity" plus 15% for reserve margin ahead of time to ensure adequate supply of
electricity. It should be noted that all Publicly Owned Utilities (POU) serving load with
the California ISO Balancing Authority Area adopted similar resource adequacy (RA)
programs.
Based on the ISO's annual engineering studies, a portion of the RA capacity has to be
derived from "local" resources — i.e. generating resources interconnected within or near
the Los Angeles Basin. Azusa satisfies a portion of its non -local RA capacity (i.e. system
RA capacity) through capacity associated with Azusa's external resources - San Juan,
Palo Verde, and Hoover; however, local RA capacity has to be obtained/purchased from
parties operating generating resources in the LA basin.
Azusa's local RA requirement for 2013 is projected to be 36 MW, 5 MW of which can be
satisfied through Azusa's rights in the Garnet Wind Project, the San Dimas Hydroelectric
033
Local Resource Adequacy Capacity Agreements
April 25, 2011
Page 2
Plant and the MWD Hydroelectric Project. As a consequence, the 31 MW balance of
local RA requirement must be procured from a third party.
Staff issued a request for indicative pricing for local (LA basin) RA capacity products for
2013 to six (6) private entities and three (3) LA area municipalities. Only two (2) entities
(both private) responded with pricing, the remaining entities advised that they had either
pre -sold their surplus capacity in the LA basin or will not be offering any for 2013. The
area municipalities did not any surplus capacity or were short themselves.
Of the two responses, Calpine responded with the lowest price for 31 MW of the local
RAC at $2.90/kw-month. The price was subsequently negotiated down by Staff to
$2.70/kw-month, lowering the overall cost of this potential transaction by about $74,000.
Accordingly, Staff recommends purchasing 31 MW of Local Resource Adequacy
Capacity from Calpine (transacted through Shell acting on Calpine's behalf) priced at
$2.70 /kw -month. (For reference purposes, Azusa purchased a similar quantity of local
capacity for 2012 at $2.65/kw-month.)
The purchase would be consummated under the Western Systems Power Pool (WSPP)
Agreement which has been previously approved by the Utility Board, Appropriate
Confirmation Agreements to memorialize the transaction will be prepared and signed by
the parties in the near future.
FISCAL IMPACT
The purchase of the aforementioned local Resource Adequacy capacity will cost about
$1,004,400 and will be paid for through the power resources portion of the Electric
budget
Prepared by:
Yarek Lehr, Assistant Director of Resource Management
034
I
A
TO: HONORABLE CHAIRPERSON AND MEMBERS
BOARD
FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES
DATE: MARCH 26, 2012
AGENDAITEM
UTILITY
SUBJECT: AUTHORIZATION TO NEGOTIATE AND EXECUTE A "NO COST"
LETTER OF INTENT WITH SAIC TO IDENTIFY THE COST & BENEFITS
OF INSTALLING A LOCAL SMART GRID
RECOMMENDATION
It is recommended that the Azusa Utility Board authorize the Director of Utilities to finalize and
execute a "no cost" Letter of Intent with an engineering consultant, SAIC to 'den i the oet
and benefits of a potential smart grid service procurement by Azusa Lit &Water
BACKGROUND
In California, most investor owned utilities (IOU'S) and other medium sized publicly owned
utilities (POU's), have completed the installation of advanced electric utility meters within their
respective service areas. This includes many areas around Azusa.
Advanced metering infrastructure is considered as the foundation for a utility's smart grid
service, and those utilities that have taken the lead at implementing smart grid have made
significant investments in automated meters, communications and IT resources, to deploy and
operate such systems. Such investments are easier for larger utilities due to their size which
enables them to utilize greater resources, and spread costs over a larger number of customers.
Smaller utilities like Azusa Light & Water would require a significant investment of time, money
and effort in order to effectively undertake and complete such a project, but it appears that
deploying a smart grid in the Azusa Light & Water service territory would have many
operational benefits to our customers and the electric and water utilities. One deployment
alternative is to contract with a third party for installation of new automated meters an advanced
wireless meter reading networ , and data management_services_ through a remote network
to serve other utilities in addition to
035
Smart Grid Service
March 26, 2012
Page 2
SAIC is a Fortune 500 scientific, engineering and technology applications consulting company
that desires to assist Azusa Light & Water to define the costs and benefits of installing a smart
grid in Azusa's utility service area under a deployment scenario in which SAIC, or another
service provider, would install all the equipment, and operate the meter reading network through
a remote network operations center.
The concept of an outside "smart grid" service provider is of interest to Azusa Light & Water
staff, mainly because it appears that this would be an efficient and cost effective way for a utility
our size to deploy a smart grid service offering.
Preliminary analyses by SAIC indicate that the cost of a smart grid deployment in Azusa may be
offset by cost savings on a "cash flow" basis. If this is true, smart grid services could be
deployed at no cost increase to ratepayers. However, more work is necessary to confirm this and
to determine a business model that Azusa could use to deploy a smart grid for Azusa Light &
Water.
SAIC has assisted a number of publicly -owned entities to deploy a smart grid including
Lakeland, Florida, and several communities in Alaska, and SAIC wishes to expand efforts in
other communities, especially California.
To facilitate assisting Azusa, SAIC has proposed a non-binding "Letter of Intent" (LOI) for the
purpose of mutually identifying smart grid costs and benefits. SAIC will perform this consulting
work at their own expense. Azusa will dedicate staff resources to assist SAIC gather/analyze
data.
If a business case can be made for entering into a smart grid services arrangement with a third
party, staff expects to seek the Utility Board's approval of a request for proposals (RFP) to solicit
proposals for smart grid services, including a proposal from SAIC.
FISCAL IMPACT
There is no fiscal impact for SAIC's proposed consulting work under the Letter of Intent.
Prepared by:
Federico Langit, Assistant Director of Electric Operations
Cary Kalscheuer, Assistant to the Director of Utilities
Chet Anderson, Assistant Director of Water Operations
n3f3
-3.
TO: HONORABLE CHAIRPERSON AND MEMBERS 01
BOARD
FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES
DATE: MARCH 26, 2012
AZtJSA '1
lI4XT R NAiit
I
AGENDAITEM
UTILITY
SUBJECT: AWARD CONTRACT FOR ELECTRONIC COMMERCE SERVICES TO
WELLS FARGO TO IMPROVE UTILITY CUSTOMER SERVICE
RECOMMENDATION
It is recommended that the Utility Board authorize the Director of Utilities to execute a three
year contract with Wells Fargo for electronic commerce services.
BACKGROUND
Approximately 2,500 Light & Water customers use home banking to make their Light & Water
payments. Currently Light & Water is not a merchant so all the banks involved in our
customers' home banking must send checks to us for these customers. This causes a week delay
from the time customers select a home banking payment date to the day we actually receive and
manually process these payments. If customers do not allow enough time for this additional mail
time and processing they could possibly be charged a late fee and/or shutoff.
Wells Fargo now offers an electronic commerce service called E -Box. All home banking
payments are sent there on the day customers select as the payment date. Then these payments
would be transmitted to our bank in real time and an electronic file would be uploaded to our
customer accounts. This would eliminate any delay in customer payments and reduce the
manual processing time for Light & Water.
Staff would ordinarily issue a Request for Proposals (RFP) for this professional service since it is
over $10,000, however, staff is requesting that the RFP requirement be waived since the City
already contracts with Wells Fargo for other related services.
FISCAL IMPACT
One-time set-up charge is $1,500 and monthly charges are approximately $525 for three years
for total cost of $20,400. These will be paid from account 31-40-711-903-6493.
Prepared by: Karen Vanca, Assistant Director - Customer Care & Solutions
037
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
L PARTIES AND DATE.
This Agreement is made and entered into this day of 20_ by
and between the City of Azusa, a municipal organization organized under the laws of the State
of California with its principal place of business at 213 East Foothill Boulevard, Azusa,
California 91702-1295 ("City") and Wells Fargo Bank, N.A. a Corporation with its principal
place of business at 707 Wilshire Blvd., 111h floor, Los Angeles, CA 90017 ("Consultant").
City and Consultant are sometimes individually referred to as "Party" and collectively as
"Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing electronic commerce
services to public clients, is licensed in the State of California, and is familiar with the plans of
City.
2.2 Project.
City desires to engage Consultant to render such services for the E -Box electronic
commerce services project ("Project') as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional electronic commerce services necessary
for the Project ("Services"). The Services are more particularly described in Exhibit "A"
attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations.
RVPUMNGMS44364
' 94.
3.1.2 Term. The term of this Agreement shall be from April 1, 2012 to March
31, 2015, unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains- Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant's conformance
with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: Lynn Love, Vice President and Relationship Manager.
RVPUBWGS\544364
2
039
3.2.5 City's Representative. The City hereby designates Azusa Light & Water's
Assistant Director Customer Care & Solutions, or his or her designee, to act as its representative
for the performance of this Agreement ("City's Representative"). City's Representative shall
have the power to act on behalf of the City for all purposes under this Contract. Consultant shall
not accept direction or orders from any person other than the City's Representative or his or her
designee.
3.2.6 Consultant's Representative. Consultant hereby designates Lynn Love,
Vice President and RelationshipManager, or his or her designee, to act as its representative for
the performance of this Agreement ("Consultant's Representative"). Consultant's Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes under
this Agreement. The Consultant's Representative shall supervise and direct the Services, using
his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employ. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub -consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
RVPUBWGS\544364
3
ME
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and harmless,
pursuant to the indemnification provisions of this Agreement, from any claim or liability arising
out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2. 10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scone of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by
the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident
for bodily injury or disease.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
RVPUMNGS\544364
4
041
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Work or operations
performed by or on behalf of the Consultant, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as respects
the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage. Any insurance or self-insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall
not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, employees, agents and volunteers for losses paid under the terms of the insurance policy
which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (B) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self -Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
RVPMNGS1544364
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.1 l Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation
shall not exceed Twenty-one thousand dollars ($21,000) without written approval of City's
Director of Utilities. Extra Work may be authorized, as described below, and if authorized, will
be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
RVPUBWGS1344364
6
043
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, 'Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
City, and Consultant shall be entitled to no further compensation. Consultant may not terminate
this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
RVPUBWGS1544364
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant:
Lynn Love, Vice President and Relationship Manager
Wells Fargo Bank
707 Wilshire Blvd., 11`" floor
Los Angeles, CA 90017"
213-614-2235
City:
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702-1295
Attn: Director of Utilities
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data: Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require
all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license
for any Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and 911 Documents &
Data. Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to Consultant by
the City. City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's
sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
RVPUBWGS1544364
045
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing parry reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees,
agents, consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys fees and other related costs and expenses. Consultant shall
defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials, officers,
employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant
shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for
any and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemrhty herein provided. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
RVPUBWGS\544364
046
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
RVPUBWGS\544364
10
047
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Consultant shall also comply with all relevant provisions of City's Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF AZUSA
RVPUBWG5\544364
WELLS FARGO BANK
M
By: By:
George F. Morrow [Name]
Director of Utilities [Title]
Attest:
City Clerk
Approved as to Form:
Best Best & Krieger LLP
City Attorney
RVPUBWGS\544364
12
See attached.
RVPUB\NGS\544364
EXHIBIT "A"
SCOPE OF SERVICES
[INSERT SCOPE]
A-1
050
See attached.
RVPUMNGS1544364
EXHIBIT "B"
SCHEDULE OF SERVICES
[INSERT SCHEDULE]
ME
0511
EXHIBIT "C"
COMPENSATION
[INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES]
RVPUMNGS1544364
C'1
052
AGENT AUTHORIZATION AGREEMENT — CREDIT SETTLEMENT ("Agreement')
"Merchant": CheckFree Services Corporation
Address: 4411 East Jones Bridge Road
City, State ZIP:
Contact:
Fax:
Merchant's Tax ID#
Norcross, Georgia 30092
Phone: 678.375.3000
Fax: 678.375.1150
CheckFree Services Corporation ("CheckFree') is hereby authorized by Merchant to transmit its payments' funds and
its payments' remittance data electronically to Wells Fargo Bank, N.A. ("Wells Fargo" or "Agent") (the "Service") in
accordance with the Direct Electronic Payment Delivery Agreement established with Agent. Wachovia Bank is a
division of Wells Fargo Bank, N.A. The following information is required to begin the Service.
Agent Authorization
Agent shall establish and maintain for the term of this Agreement an account at a financial institution for the
purpose of allowing CheckFree to credit funds to Agent.
Agent's Financial Institution to be credited: . Wachovia Bank
Agents' Account Number at Financial Institution: 5014190535528
Agent's ABA/ Routing Transit Number: 031000503
Mutually Agreed Upon Operational Details
Agent notification method: Wachovia E -Lock Box
Payment Processing
No payment transmitted hereunder may be rejected unless the account data for such payment is incorrect or
incomplete or the account is blocked or closed. It is Merchant's responsibility to ensure that Merchant and/or
Agent, as the case may be: (i) retrieves remittance data each day; (ii) promptly posts the payments; (iii) returns
to CheckFree in a mutually agreed upon format any payments that cannot be posted, (iv) maintains current
contact and notification information with CheckFree; and, (v) maintains security of any user ID and password
information.
Reversibility
Merchant accepts full financial and unconditional responsibility for returned items with the understanding that the
electronic payment from any single customer of the Merchant will be limited to ff eM—where CheckFree is not
able to verify availability of sufficient customer funds poor to submission of the el ctronic payment and funds to
Merchant. CheckFree has the sole right to lower this limit at any time and may require a replacement agreement
to acknowledge the new single electronic payment limit. A replacement agreement will be required in the event
that the single electronic payment limit is raised to a limit higher than listed above. Agent agrees to initiate an
ACH credit to CheckFree's designated account in the amount of the retumed items on the day CheckFree
notifies Agent of the retum. -
CheckFree's Financial Institution to be credited:
Wells Fargo
CheckFree's Account Number at Financial Institution:
4121711402
CheckFree's ABA / Routing Transit Number:
121000248
Notices
Any written notice required or permitted to be given hereunder shall be given by: (i) Registered or Certified Mail,
Return Receipt Requested, postage prepaid; (ii) confirmed facsimile; or (iii) nationally recognized overnight
courier service, to the other party at the addresses listed on page 1 (and, for CheckFree to the General Counsel,
Biller Solutions and to the Director, Payment Management, Biller Solutions) or to such other address or person
as a parry may designate in writing. All such notices shall be effective upon receipt.
Termination
The term of this Agreement is as of the Effective Date and shall continue for a period of three (3) years and shall
renew automatically for additional one (1) year terms unless:
• either party provides at least ninety (90) days written notice of non -renewal prior to the end of the
current term; or
either party shall fail to deliver any payments when due without cause or intervention of force, then this
Agreement may be terminated immediately; or
• either party shall default in the performance of any obligations other than payment obligations under
this Agreement and shall fail or refuse to remedy such default within thirty (30) days after written notice
of the alleged default, then either party may terminate this Agreement upon twenty-four (24) hours
written notice; or
either party shall cease doing business, or become insolvent or become a party to any bankruptcy or
receivership proceedings, or make an assignment for the benefit of creditors, then this Agreement shall
terminate immediately; or
• Merchant's remittance relationship with Agent terminates or expires, and in such event Merchant shall
provide immediate notice to CheckFree, and this Agreement shall terminate immediately; or
• CheckFree provides notice to Merchant of the termination or expiration of its remittance relationship
with Agent, and then this Agreement shall terminate immediately; or
• after the Effective Date of this Agreement, any law, regulation, or ordinance, whether federal, state, or
local, becomes effective which substantially alters the ability of either party to perform hereunder, then
the applicable party shall have the right to terminate this Agreement upon thirty (30) days written notice
to the other party.
If at any time CheckFree suspects or discovers that Merchant Is involved in any fraudulent or illegal activity, or
otherwise poses risk to CheckFree, CheckFree shall in its sole discretion have the right to terminate this
Agreement at any time.
If Agent is in breach of its contractual agreement with CheckFree, CheckFree reserves the right to suspend or
terminate the Service provided pursuant to this Agreement at any time.
Upon termination or expiration of this Agreement or the termination or expiration of the remittance relationship
between either: (i) CheckFree and Agent or (ii) Agent and Merchant, if CheckFree and Merchant desire to
maintain an electronic remittance relationship, the parties must enter into a separate mutually agreed upon
remittance agreement (with a mutually agreed upon remittance method, which may be different than that under
this Agreement, and with mutually agreed upon pricing, which may be higher than that under this Agreement)
prior to termination or expiration of this Agreement.
This Agreement may be executed in counterparts, each of which shall be deemed an original and which together
shall constitute one instrument. Facsimile execution and delivery and email delivery of a signed electronic copy of
this Agreement (e.g., a scanned image) is legal, valid and binding execution and delivery for all purposes.
IN WITNESS WHEREOF, the parties, each acting under due and proper authority, have entered into this Agreement
as of the last date signed below (the "Effective Date").
MERCHANT
Authorized
Signature:
CHECKFREE SERVICES CORPORATION
Authorized
Signature:
Print:
Print:
Title:
Title:
Date:
Date:
0.54_
M
Wells Fargo Treasury Management Proposal
Azusa Light & Water
Pricing as of November 2011
WF
Monthly
Activity
Code
Service Description
Price
Valymi
Charges
EDI PAYMENT SERVICES
ED500
E -BOX MONTHLY MAINT (W/CROSS REF
100.00000
1
100.00
ED470
E -BOX PAYMENT
0.10000
1,600
180.00
2822B
EC BILLPAY ON US ITEMS
0.08500
800
51.00
28019
RECEIVABLES MANAGER MONTHLY BAE
25.00000
1
25.00
2B000
RECEIVABLES MANAGER OUTGOING TR
750000
21
157.50
ED515
E -BOX PAYMENT RETURN
0.25000
1
0.25
Subtotal
513.75
Total Monthly
Activity Charges
513.75
Setup Charges
28043 &BOX SET UP 1.500.00000 1 1,500.00
Total Solve Charges 1.500.00
The above lancing estimate Is based on certain assumptions drawn Isom projectod volume, scope of
services anter. Other information you have provided. The pricing 5 subject to Change if the wool
volume antic, scope o1 smv"s differ from the assumption upon which the pridrg estimate "a based.
Customer Proposal Report
Faw-1 46
ALUSA
INFORMATIONAL ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THP USA UTILITY
BOARD / /
FROM: GEORGE F. MORROW, DIRECTOR OF
DATE: MARCH 26, 2012
SUBJECT: ELECTRIC VEHICLE PUBLIC CHARGING STATIONS
At the February 2012 Utility Board meeting, staff provided an update on the solicitation of
proposals (RFP) for installing Electric Vehicle Public Charging Stations at various locations
within the City of Azusa. At that time, staff mentioned it was in the process of reviewing other
proposals including one from a company named ECOtality which offered free charging stations,
and a subsidy for installation, due to its receipt of Federal ARRA grant funds_
The main features of ECOtality's proposal are outlined below:
• ECOtality to provide Level II "Blink" EV chargers at no cost to Azusa ($3,500/unit
value)
• Two EV charging units installed per location for 2 to 7 locations
• Installation subsidy of $2,250 per charging unit ($4,500 per site)
• AL&W_to "contribute" electricity for the chargers
• Payment to AL&W of 50% of the electric vehicle charger net revenue
• Automated billing services using RFID cards obtained via intemet.
• Installation must be completed by June 30, 2012
• Demonstration project through April 30, 2013 —
In return for "free" charging units, Azusa Light & Water must cooperate in gathering research
data on the usage of the chargers. AL&W will pay the cost for electric line extension, metering,
intemet connection or wireless communication to the charging devices in excess of the $2,250
per unit installation subsidy. Lastly, Light & Water will allow advertising by the vendor
(ECOtality) on the charger's electronic display.
At the conclusion of the demonstration project, the charging units will become the property of
AL&W or they will be removed at no cost to Light & Water. If desired, Light & Water can
EM
EV Connect Proposal
March 26, 2012
Page 2
negotiate a revised agreement for longer term operations and maintenance of the public charging
stations with ECOtality.
Assuming acceptable results of further discussions and due diligence of the proposed EV
charging demonstration program, Staff will return for City Council for approval of program
agreement(s) in April, 2012. Note that it will be challenging to identify suitable sites, obtain
installation permissions from site owners, and install the EV chargers and associated
infrastructure by the June 30 grant deadline.
Attached are the specifications for the Blink Level II EV charging unit
Prepared by: Federico Langit, Assistant Director of Electric Operations
George F. Morrow, Director of Utilities
057
Simply smarter.
Level 2 Pedestal EVSE
Simply Smart Pedestal Design
Electric Vehicle Supply Equipment (EVSE) provides convenient means
to charge electric vehicles. level 2 charging (240 volt AC input) is the
primary and preferred method for charging in residential and public
locations. The ECOtality design provides intelligent, user-friendly
features to easily and safely charge electric vehicles
Benefits of ECOtality's Unique
Binary Design
• Dramatic, timeless, stylish appearance
• Ease of installation
• Specified advertising space on pedestal
• Convenient cable management for long reach and storage
between uses
• Connector holster for protection and storage
• Intuitive connector docking
• Selective height design for convenient compliance with
ADA requirements
• 360° beacon light for easy wayfinding
J 1772 Standard EV Connector
The SAE J 1772 is the standard for electric vehicle charging in
the United States.
• Ergonomic design
• Prevents accidental disconnection
• Grounded pole - first to make contact, last to break contact
• Designed for over 10,000 cycles
• Can withstand being driven over by a vehicle
• Safe in wet or dry use
Energy Meter
• Internal meter to monitor energy and demand usage
• Supports energy usage data evaluation
• Supports electric utility EV billing when certified to ANSI
12.20 and IEC standards
Touch Screen
• Convenient, user-friendly touch screen display
• Charge status and statistics
• Find charging stations
• Status messages delivered to user's smart phone
b1hk
0581
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.Malea` '�'!�...' �..++�'+MRisars yn.awn1'�>la�`+na.
.Proven technology and reliable
afety�°�tality
Features A Additional Features,a K,
ri• Vii.!
Charge circuit interruption device (CCI D) with automatic test t
:. ;,
Smart Phone Appheat(ons for status o -
• Ground monitoring circuit ,. ,f -
��!
charges aid'notificaiion ofcompletionr'
• Nuisdncefripping avoidance dnd auto re-cur e _
*f or interruption of charge=
..
• Cold load pickup (randomized auto restart following-power outage)
•Controllable output to support utility q ,
'
• Ce'rtified energy and demand metering +'' .`
demand response requests=rt, •- *' •;
• Wireless IEEE 802.'1 lg ' i ; a
•' Revenue systems support
• LAN capable - ''
•¢ Multiple input current settings to
• ZigBee SEP 1 O,capable„conveniently
accommodate electric
•AM! interface Tapable
= =service capabilities
-'.Web based 6i diredwnal data:flow E -. §�'.
Communication systems, multiple. modes
• Cord management system Ail, -
a of communications including wireless,
'
cellulor LAN and Z., eeP
s ECOtPhV,s' Blink Level 2`Electnc Vehicle Supply.,;'
€; Safety
ecftcattn
ui os` yam`' `
Eq"mt enEVSE S�i
p ( .p •+Interlocks with EV dnve system so EV `-
Input Vohage `208 VAC to 240 VAC +/ .10% �r
p cannot drive when connector is inserted
s x sm
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Standards and Certifications
Exterior Dimensions Pedestal: 66 H x 20 W x.11 7-D
x Temperature Rating 22°'F-30° C) to +122° F (+50° C)
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AZUSA
.cni s'.•tn.
INFORMATIONAL ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF TVUSA UTILITY
BOARD //
FROM: GEORGE F. MORROW, DIRECTOR OF
DATE: MARCH 26, 2012
SUBJECT: AUTOMATED RESIDENTIAL TRASH COLLECTION SERVICE UPDATE
At the February 2012 Utility Board meeting, it was suggested that Light & Water host several
informational events on the proposed automated residential trash collection service in the City of
Azusa. One workshop will be held on April 24 (Tuesday), 4:30-6:30 p.m., at the Senior Center.
There will be a brief presentation by staff at 5:30 p.m. This event was advertised in the
Recycling Calendar to be mailed to residents last week of March.
Staff has scheduled three additional outreach efforts to provide information to the public under a
popup canopy. Poster boards will be used to present basic program information and some
Q&As. A suggestion box and cards will also be available for residents to write their comments
on and drop them in the box. Athens Services will have a representative on hand to answer
questions regarding the automated service. Athens Services will also make sure that sample 90 -
gallon barrels are available so residents can take a "test drive."
April 5, 2011 (Thursday)
Easter Egg Hunt
5:00 p.m. -8:00 p.m.
Memorial Park
320 N. Orange Place
April 14, 2011 (Saturday)
11:00 a.m.-1:00 p.m.
Edgewood Center Parking Lot
200 W. Paramount
April 21, 2011 (Saturday)
11:00 a.m.-1:00 p.m.
Jr. Olympic Meet
Azusa Pacific University Track & Field
901 E. Alosta
Prepared by: Liza Cawte, Sr. Administrative Technician
060