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HomeMy WebLinkAboutAgenda Packet - March 22, 2010 - CC * I- A_ZUS'r1'ATFR r LIGHT A AGENDA REGULAR MEETING OF AZUSA UTILITY BOARD AZUSA LIGHT & WATER MARCH 22, 2010 729 N. AZUSA AVENUE 6:30 P.M. AZUSA, CA 91702 AZUSA UTILITY BOARD URIEL E. MACIAS CHAIRPERSON ROBERT GONZALES JOSEPH R. ROCHA VICE CHAIRPERSON BOARD MEMBER KEITH HANKS ANGEL CARRILLO BOARD MEMBER 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 1. (Person/Group shall be allowed to speak without interruption up to five (5) 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.) 1 001 B. UTILITIES DIRECTOR COMMENTS C. UTILITY BOARD MEMBER 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. 1. Minutes. Recommendation: Approve minutes of regular meeting on January 25, 2010 as written. UB Min Jan-25-10.pdf 2. Minutes. Recommendation: Approve minutes of regular meeting on February 22, 2010 as written. cep- UB Min Feb-22-10.pdf 3. Award Contract to Perform Maintenance on Five Circuit Breakers. Recommendation: Approve the selection of Applied Engineering Concept (AEC) to perform maintenance on five Square D outdoor vacuum circuit breakers at the Azusa Substation at a cost not-to-exceed $11,900. AEC Approval.pdf 4. Adoption of Electric Division Rubber Glove Program. Recommendation: Adopt the Azusa Light & Water Rubber Glove Program Manual dated January 2010 as per the recently adopted International Brotherhood of Electrical Workers (IBEW) Memorandum of Understanding. Rpt-Rubber Manual-Ex-Rubber Gloving.pdf Gloving Prog.pdf 2 002 E. SCHEDULED ITEMS 1. Request to Award Contract for Walk-In Cash Payment Centers to IPP of America, Incorporated. Recommendation: Approve awarding of a three-year contract with a two-year renewal option to IPP of America, Inc. for walk-in cash payment centers. Rpt Walk-In Ex Agnnt w-IPP.pdf Ex-Map.pdf Pymts.pdf F. STAFF REPORTS/COMMUNICATIONS 1. Lodi Energy Center Update Lodi Energy Cntr Update.pdf 2. Quarterly Fuel Cost Adjustment for San Juan Resource Q- 11;211. Rpt-San Juan San Juan FCA_1.pdf FCA_1.pdf G. ADJOURNMENT 1. 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 54957.5, 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." 3 003 • S . e• �L AZUSA AGENDA ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO Ak— VIA: F. M. DELACH, CITY MANAGER DATE: MARCH 22, 2010 SUBJECT: FISCAL YEAR 2009-10 MID-YEAR BUDGET REVIEW RECOMMENDATION There is no recommendation. Staff will be providing a presentation at the meeting in order to provide Council with an update of the City's fiscal condition in preparation for the upcoming budget process. BACKGROUND The FY 2008-09 Budget was adopted in June of 2009 with an operating surplus in the City's General Fund. Since this time, events have taken place which impact the City's finances. The purpose of the mid-year review is to identify and explain these impacts to the Council and to seek direction with respect to both the remainder of the current fiscal year and the preparation of the budget for the upcoming year. Based upon the direction received from Council at the workshop, staff will prepare necessary actions to implement any changes and provide them to Council for approval. FISCAL IMPACT There is no fiscal impact as a result of this staff report. 1 1 � Mid -Year Budget Presentation March 22 , 2010 Mid -Year Overview • Progress towards major goals continues Despite Economic Downturn • Post Audit review of FY 2008-09 ending General Fund balance • Projected FY 2009-10 year end General Fund balance • Impacts from State Budget: Prop 1A and RDA Takings and Deferral of Payments for HUTA etc. • Continuing conservative fiscal practices are called for in light of slow economic recovery. Goal of Additional M&O reductions next year, hiring freeze excepting critical/ essential positions. . • Continuing Progress Improved Management of Workers Compensation program FY 2009-10 Budgeted Capital Projects on Track for Completion Target Groundbreaking and Initiation of Construction Completion of Vulcan mining permit EIR and Review by Planning Commission Atlantis Gardens Property Acquisitions Renewed Development Activity in Rosedale Purchase of Vacant Enterprise leasing Site on Azusa Ave Revised Adopted Revised Budget Net Revisions Budget Beginning Balance (June 30, 2009) 8,129,765 (522,720) 7,607,045 FY 09-10 Estimated Revenues 32,423,925 - 32,423,925 Transfers In 1 ,036,550 - 1,036,550 Total FY 09-10 Sources 33,460,475 - 33,460,475 FY 09-10 Estimated Expenses 29,111,250 193,650 29,304,900 Transfers Out 4,199,010 - 4,199,010 Total Uses 33,310,260 193,650 33,503,910 FY 09-10 Surplus/(Deficit) 150,215 (193,650) (43,435) Ending Balance 8,279,980 (716,370) 7,563,610 Economic Factors • Annual inflation rate Jan 09 to Jan 10 for the LA Area is 1 .8% • Interest rates remain at historic lows (LAIF rate below 1 % ) • Regional Unemployment Remains High ( 13.2% for January of 2010 as reported by EDD) • Housing Prices Appear to be Stabilizing Revenue Issues • Property Taxes • VLF in Lieu Taxes • Sales Tax • Utility Related Revenues • Interest Income • Business License Taxes • Building Permits Expenditure Issues • State Budget Takings and Deferrals- What's next? • Liability/ Workers Comp Expenses • Proposed Fire Safety Contract increase ($130,000) • Fuel price fluctuations (effect on contracts, etc.) • Employee contract cost impacts (Potential impact of negotiated COLA's) Fiscal Prudence Due to Fiscal Prudence for several years prior to the current economic downturn, the City had Revenues in excess of Expenditures. That surplus went back into the General Fund allowing reserves to increase and insure their availability for contingencies and economic downturns. Some Use of Reserves May be necessary to offset reduced revenues and maintain Service levels until Economic Recovery is Complete or New Revenues come On-line (Target, Vulcan, MRF). Preliminary Budget Directives • Reduce General Fund related M&O costs • Defer General Fund Capital Outlay Expenditures • Any new Program Expenditures must be matched with new revenues (Grants, etc. ) • Freeze all vacant positions until reviewed by City Manager to determine if immediate critical need exists for replacement • New positions only if supported by increase in ongoing revenues or mandated by Council policy Budget Philosophy • Align Department Budgets with Council Goals. • Prepare an easily understood working budget document that will be consistent from year to year and a reference document during the year. • Match operating revenues with operating expenses. • Use of reserves for capital , one time discretionary expenses and emergencies • Maintenance of essential services FY 2010- 11 Budget Issues • Preserving City services • Focus on cost cutting/ revenue generating measures • Impacts on City of continued State/ Federal response to recession conditions • Difficulty/ uncertainty of financial projection in the current economic climate • Possible Use of Reserves to Balance Budget FY2OIO- 11 • February 9 Budget materials distributed to Departments • March 4 Final date for Personnel Request Submittals • March 18 Departmental Budget requests returned to Finance • March 22 Mid-Year Budget review at Utility Board meeting • April 12-29 Budget meetings with Departments & City Manager • May 13 Preliminary Budget balanced by City Manager • June 1 City Council Budget Study Session (tentative date) • June 21 Final Budget adopted by City Council kr *. 'AZUS ,' CONSENT ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F. M. DELACH, CITY MANAGER DATE: MARCH 22, 2010 SUBJECT: RESOLUTION FOR THE SELECTION OF MAYOR PRO TEM RECOMMENDATION It is recommended that City Council approve the revised language in the resolution for selection of Mayor Pro Tern. BACKGROUND At the March 15, 2010 City Council meeting the City Council directed staff to bring forth a revised resolution for the selection of the Mayor Pro Tern. Resolution 97-051 was originally adopted in 1997. The Council asked that the resolution be changed with the following language (underlined): Selection Criteria. Annually, at the City Council meeting on the third Monday in March, the mayor pro tern shall be that council member with the greatest seniority, which has not previously served as mayor pro tem. However, if such council member does not accept the nomination for mayor pro tern, then the next most senior council member, which has not yet served as mayor pro tem, shall be offered the position of mayor pro tem. However, if two or more councilmembers qualify for the position of mayor pro tern by virtue of having equal seniority, then that council member who received the highest number of votes in the March general City election shall be the mayor pro tem. FISCAL IMPACT None l ATTACHMENT � `, LY Revised Resolution /1,) 0 *4 RESOLUTION NO. 10-C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING AND RESTATING RESOLUTION NO. 97-051 CONCERNING THE SELECTION CRITERIA AND TERM OF THE MAYOR PRO TEM. BE IT RESOLVED by the City Council of the City of Azusa as follows: SECTION 1. That the City Council of the City of Azusa hereby amends Resolution No. 97-051 in its entirety and adopts the following mayor pro tern selection criteria and term of office. (1) Intent. The primary intent of this Resolution is to ensure that the city's mayor pro tem is selected on objective criteria. Criteria such as seniority and public support as expressed in the number of votes received in an election are to be used as the basis for selecting the mayor pro tem. It is the Council's intent to ensure that each council member serving on the Council receives the opportunity to serve as mayor pro tern at least once during his or her four-year term as a council member. (2) Selection Criteria. Annually, at the City Council meeting on the third Monday in March, the mayor pro tern shall be that council member with the greatest seniority, which has not previously served as mayor pro tern. However, if such council member does not accept the nomination for mayor pro tern, then the next most senior council member, which has not yet served as mayor pro tem, shall be offered the position of mayor pro tern. However, if two or more councilmembers qualify for the position of mayor pro tern by virtue of having equal seniority, then that council member who received the highest number of votes in the March general City election shall be the mayor pro tern. (3) Selection Criteria in the Event All Have Served. If all council members have previously served as mayor pro tern, then the mayor pro tern shall be that councilmember with the greatest seniority. If such councilmember does not accept the nomination for mayor pro tern, then the next most senior councilmember shall be offered the position of mayor pro tem. However, if two or more council members qualify for the position of mayor pro tern by virtue of having equal seniority, then that council member who received the highest number of votes in the March general City election shall be the mayor pro tem. (4) Term. Mayors pro tern shall serve from March until March of each year succeeding year. A new successor shall be selected on the third Monday in March in even numbered years and at the reorganization meeting in March in odd numbered years. Notwithstanding this section, the mayor pro tern shall continue to serve until his or her successor takes office. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. ORANGE\MMARTINEZ\66404.I PASSED, APPROVED AND ADOPTED this 22nd day of March, 2010. JOSEPH R. ROCHA MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a special meeting thereof, held on the 22nd day of March, 2010,by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: VERA MENDOZA CITY CLERK ORANGE\MMARTINEZ\66404.1 Du_ • _ _ _ . _ A7__tTS A .IGNT R CITY OF AZUSA MINUTES OF THE REGULAR MEETING OF THE AZUSA UTILITY BOARD/CITY COUNCIL MONDAY,JANUARY 25,2010—6:30 P.M. 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 Pro-Tem Gonzales called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: BOARD MEMBERS: GONZALES,CARRILLO,ROCHA ABSENT: BOARD MEMBERS: MACIAS, HANKS ALSO PRESENT: Also Present City Attorney Ferre,City Manager Delach,Assistant City Manager Makshanoff,Director of Utilities Morrow, Assistant to Utilities Director Kalscheuer, Assistant Director of Water Operations Anderson, Distribution Supervisor Kjar, Assistant Director-Customer Care & Solutions Vanca, Senior Electric Engineer Langit, Electric Engineer Associate Vuong, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part None. UTILITIES DIRECTOR COMMENTS Dir Comments Director of Utilities Morrow stated that representatives of Lindsey Manufacturing have an item on the agenda G. Morrow and introduced Distribution Supervisor Kjar who stated that Lindsey is preparing to do research on and testing D. Kjar of one of their new products currently being developed for power lines and would like Azusa Light and Water Re: Lindsey to attach experimental monitoring devices on the Azusa-owned portion of the power lines to verify and test if Manufacturing their new innovative product would perform in actual conditions as designed, it is item D-2 on the agenda. UTILITY BOARD MEMBER COMMENTS Brd Mbr Cmts Board Member Gonzales asked that the meeting be adjourned in memory of Aurora Carrillo Wilson,mother of Adjourn in Chairman Uriel Macias. Memory A. Carrillo Wilson 004 The CONSENT CALENDAR consisting of Items D-1 through D-7, was approved by motion of Board Consent Cal Member Rocha, seconded by Board Member Carrillo and unanimously*carried D-1 & 2 I. The minutes of the regular meeting of November 23, 2009, were approved as written. Min appvd 2. SPECIAL CALL ITEM. Spec Call 3. Approval was given for the proposal by Utility Financial Services(UFS)to conduct financial review of UFS Financial electric fund;and the City Manager was authorized to execute professional services agreement for not- Review of to-exceed amount of$17,500 for phase one services. Electric Fund 4. Plans and specifications for Project LD2010-2 to furnish and install underground electric substructures Plans &Specs on Lark Ellen south of Gladstone were approved and the City Clerk was authorized to advertise for bids. Proj DL2010-2 5. The scope of work for an Electric Network Supervisory Control and Data Acquisition System(SCADA) SCADA appvd was approved and staff was authorized to prepare, issue, and solicit RFP. RFP 6. Approval was given for a one-time payment in amount of$172,844.72 to SCE for the certified metering One time pymt and communication facilities installed at the Azusa and Kirkwall Substations; and the following SCE resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,AMENDING Res. 10-C7 THE FISCAL YEAR 2009-2010 OPERATING BUDGET FOR THE ELECTRIC UTILITY TO FUND Amend A PAYMENT TO SOUTHERN CALIFORNIA EDISON FOR METERING SERVICES PROVIDED Bdgt Elect AT ELECTRIC SUBSTATIONS. Fund 7. Approval was given to extend contract for Civiltec Engineers for South Reservoir Demolition and Design Extend Civiltec Services to March 31,2010. Engr SPECIAL CALL ITEMS Special Call Research Participation and Confidentiality Agreement with Lindsey Manufacturing. Board Member Rocha questioned inconsistencies in the staff report and agreement regarding costs bore by Agmt Lindsey City and/or Lindsey. Director of Utilities Morrow responded that there would be no cost but if there was, Rocha under the agreement, Lindsey will be responsible. City Attorney Ferre concurred that under the agreement Questions Lindsey will bare cost, if any and City Manager Delach also agreed. Moved by Board Member Carrillo,seconded by Board Member Rocha and unanimously*carried that Staff be Research authorized to enter into Research Participation and Confidentiality Agreement with Lindsey Manufacturing; Participation and that the Director of Utilities be authorized to sign said agreement,subject to final review and approval by &Agmt w/ City Attorney. Lindsey Man. SCHEDULED ITEMS Sched Items Assistant to Utilities Director Kalscheuer presented request for funding by California Resource Connections, Request for Litter Clean-up and Smart Gardening Workshop, stating that the Smart Gardening workshop will be on Funding Saturday,April 10,2010,and is in the amount of$7,425 and$3,900 will be for compost bins,so the request California is lower than last year. The Think River!event will be held on Saturday,April 17,2010,and be in the amount Resource of$7,400,exactly the same as last year.He stated that the State reduced this grant 95%this year due to budget Connections cuts and so the water fund is proposed as a changed funding source. Moved by Board Member Carrillo,seconded by Board Member Rocha and unanimously*carried to approve a Funding funding request from California Resources Connections,Incorporated(CRC)to conduct said environmental Approved programs; and authorize payments to CRC in amount of$7,400 from Water Fund and$7,425 from AB 939 Environmental Fee Funds. Programs 01/25/10 PAGE TWO 005 Director of Utilities Morrow presented item regarding an initiative scheduled for the June 8t°Ballot Measure Dir of Util entitled "New Two-Thirds Requirement for Local Public Electricity Providers Act", stating that PG&E is New Two- behind the Act to reduce competition. It would impact the ability of public-owned electric utilities to expand Thirds Rqmt service beyond their current boundaries and would impact the ability of cities and counties to engage in Local Public community choice aggregation. Discussion was held regarding impacts of the issue. Elec Prov Act Moved by Board Member Carrillo,seconded by Board Member Rocha and unanimously*carried to adopt an Oppose OPPOSE position on the "New Two-Thirds Requirement for Local Public Electricity Providers Act" New Two- scheduled for vote on the June 8, 2010 state-wide ballot. Thirds,etc. Director of Utilities Morrow presented item regarding EPA Endangerment Finding Related to Greenhouse Dir of Util Gases,stating that in December EPA found that GHG are an endangerment and new power plants are subject Greenhouse to laws, regulations and control under Clean Air Act. Gas Moved by Board Member Rocha,seconded by Board Member Carrillo and unanimously*carried to adopt an Oppose OPPOSE position on EPA Administrator's Finding that, pursuant to Clean Air Act section 202(a), six EPA Findings greenhouse gases endanger the public health and welfare. GHG STAFF REPORTS/COMMUNICATIONS Staff Rpts Utilities Director Morrow presented the Monrovia Nursery Water Rights Update stating that Monrovia Nursery Dir of Util has decided not to sell its water rights to one or more outside entities and to instead "sell" such rights to its Monrovia Nurs stockholders. Water Rights Assistant Director- Customer Care & Solutions Vanca presented the Customer Service Annual Statistics Asst Dir Cust Update which included Total Field Visits(ons,offs,check reads,customer requests),bills mailed,online bills, Care Solutions reminder notices mailed,final notices mailed,customer calls,lobby customers assisted,payments received and Automated Hone System calls. Utilities Director Morrow presented an update on the Lodi Energy Center Update stating that the project is still Dir of Util awaiting issuance of a license to construct the Lodi Energy Center from the California Energy Commission Lodi Energy (CEC). Center Update Assistant Director of Water Operations Anderson presented the water supply status update which is C. Anderson summarized as follows: Spreading Grounds are currently gaining water at a rate of 3 feet per week;current Update on overall year to date is 14.41"vs. average of 9.97"— 145% of average; statewide snowpack water content is Water Supply 115%of average; San Gabriel River inflow has increase as has local snow pack,but the drought is not over. Environmental Protection Agency(EPA)Declaration that Carbon Dioxide is Toxic and a Hazardous Waste, Dec Carbon was not presented. Dioxide not presented Director of Utilities Morrow announced and invited Board Members to the American Public Power APPA Association (APPA)Annual Conference June 19-23, 2010 Orlando,FL Conference Moved by Board Member Carrillo,seconded by Board Member Rocha and unanimously*carried to adjourn. Adjourn TIME OF ADJOURNMENT: 7:06P.M. SECRETARY NEXT RESOLUTION NO. 10-C8. *Indicates Macias and Hanks absent. 01/25/10 PAGE THREE 006 D 1111 n. .r AZUSA :IG 9T & WATER CITY OF AZUSA MINUTES OF THE REGULAR MEETING OF THE AZUSA UTILITY BOARD/CITY COUNCIL MONDAY,FEBRUARY 22,2010—6:32 P.M. 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 Macias called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: BOARD MEMBERS: GONZALES, CARRILLO, MACIAS ABSENT: BOARD MEMBERS: HANKS,ROCHA ALSO PRESENT: Also Present City Attorney Ferre, City Manager Delach, Assistant to Utilities Director Kalscheuer, Assistant Director of Water Operations Anderson, Engineer Associate Vuong,Business Development/Public Benefits Coordinator Reid,Caption Momot, City Clerk Mendoza,Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part None. None UTILITIES DIRECTOR COMMENTS Dir Comments None. None UTILITY BOARD MEMBER COMMENTS Brd Mbr Cmts Board Member Gonzales requested that certificates of recognition be prepared in honor of the Azusa Varsity Cert of Rec Football Team as they made it to the semi-finals for CIF. This is in addition to the certificates of recognition to Azusa Football the Azusa High Aztec Band. Moved by Board Member Gonzales, seconded by Chairman Macias and &Band unanimously* carried to approve the preparation of the certificates to be presented at the regular Council Meeting of March 1, 2010. The CONSENT CALENDAR consisting of Items D-2 through D-6, was approved by motion of Board Consent Cal Member Carrillo, seconded by Board Member Gonzales and unanimously* carried. Item D-1, Minutes of D-2-6 January 25th were not approved due to lack of a quorum. 1. The minutes of the regular meeting of January 25,2010,were NOT approved since the Chairman Macias Minutes chose to abstain from voting due to prior absence which resulted in lack of quorum; it was agreed that Not Appvd minutes should be brought back for consideration at the meeting of March 22, 2010. 007 2. The contract for Project LD2010-2 for furnishing and installing underground electric substructures at Perry C. Lark Ellen and Gladstone was awarded to Perry C. Thomas, Incorporated in amount of$95,016.90. Thomas 3. Approval was given for an amendment to Hall&Foreman contract in amount of$23,625 for additional Hall & design engineering services for Project W-265,Pipeline Replacement Project. Foreman 4. Approval was given for an amendment of J. Fletcher Creamer & Sons, Incorporated contract for J. Fletcher additional work for Project W-263,Water Main Cement Mortar Lining Project in amount of$290,000. Creamer 5. Approval was given for modifications to the Distributed Solar Partnership Program Funding in Senate Bill 1 compliance with Senate Bill 1 (SB 1). 6. Approval was given for participation in Southern California Public Power Authority(SCPPA)Ice Energy Ice Energy Demand Response Program. Demand Res SPECIAL CALL ITEMS Special Call City Manager Delach addressed items D-3&4,stating that questions had been received on these items via the City Mgr e-mail and noted that in the areas that are in the old Azusa Valley Water system, it has old infrastructure and Comments its not uncommon for incidents like this to come about as engineers are making the best estimates they can. Further, the underestimated number of access holes, again is justifiable and understandable in an old water system. Assistant Director of Water Operations Anderson stated that one question was if it was a survey for the design purposes, but he clarified that it was the new alignment of the water line. STAFF REPORTS/COMMUNICATIONS Staff Rpts Assistant to Utilities Director Kalscheuer presented the Quarterly Financial Report for Water and Electric Quarterly Funds providing detailed information on the Cash/Reserve Prior Fiscal year End,Revenues/Expenses Capital Financial Rpt Expenditures/Debt Service,Adjustments and Total Expenditures and Transfers Out.Lengthy discussion was Water and held between Board Members and Staff regarding the information presented. Electric Funds Moved by Board Member Gonzales seconded by Board Member Carrillo and unanimously*carried to adjourn. Adjourn TIME OF ADJOURNMENT: 7:00P.M. SECRETARY NEXT RESOLUTION NO. 10-C16. * Indicates Hanks and Rocha absent. 02/22/10 PAGE TWO 008 D .3 AZUSA r.ur a Nsrry CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: MARCH 22, 2010 SUBJECT: AWARD CONTRACT TO PERFORM MAINTENANCE ON FIVE SQUARE D OUTDOOR VACUUM CIRCUIT BREAKERS AT THE AZUSA SUBSTATION RECOMMENDATION It is recommended that the Utility Board approve selection of Applied Engineering Concepts (AEC) at a cost not-to-exceed $11,900 to perform maintenance on five Square D outdoor vacuum circuit breakers at the Azusa Substation. BACKGROUND In the electric distribution substation, circuit breakers are one of the main components used in feeder protective scheme. It is used as an electric gate to allow or disrupt the flow of electricity on a feeder. Circuit breakers are normally in a closed position. When there is an electrical fault on a circuit, electronic sensor such as the relay will trigger the circuit breaker to open to disrupt the flow of the electrical current to protect lives and properties. Much like insurance policy, unless there is a fault, circuit breakers are there but are rarely being exercised. The Manufacturer's recommendation for circuit breaker maintenance interval is three years or 3,000 operations whichever occurs first. These five circuit breakers on the south bus at Azusa Substation were tested and maintained in September 2005 and are due to be re-tested and re- inspected. It will require approximately five working days to complete this project. 009 Circuit Breaker—Preventive Maintenance March 22, 2010 Page 2 The scope of work based on the guideline by the International Electrical Testing Association (NETA) has been used to solicit proposals from specialized contractors. Subsequently, staff received three comparable quotations as shown below for the circuit breakers preventive maintenance work: Company Bid Amount Square D— Schneider Electric $17,200.00 Pacific Industrial Electric $14,500.00 Applied Engineering Concepts $11,900.00 After careful evaluation of the three bids, staff has determined that the bid of AEC has met all requirements for this work and is hereby recommended for contract award. Staff will prepare the Maintenance Agreement to be entered by AEC and the City. FISCAL IMPACT Adequate funds are included in Electric Fund Capital Improvement Project budget for Fiscal Year 2009-2010 under project number 73010A. Prepared by: Hien K. Vuong—Electrical Engineer 010 V 4 . "5 d x ` , ,r 04#. . >, . F �` �" `�,: 3.�. � -t!- ? .. '! q7LNf AA . aur x j7e.rrr CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: MARCH 22, 2010 SUBJECT: ADOPT AZUSA LIGHT & WATER - ELECTRIC DIVISION RUBBER GLOVE PROGRAM MANUAL AS PER THE RECENTLY ADOPTED IBEW MEMORANDUM OF UNDERSTANDING (MOU) RECOMMENDATION It is recommended that the Utility Board adopt the Azusa Light & Water Rubber Glove Program Manual dated January 2010 as per the International Brotherhood of Electrical Workers (IBEW) MOU. BACKGROUND On December 21, 2009, the Azusa Utility Board approved a new three year MOU with IBEW. The MOU provides for the establishment of a formal "rubber gloving" program and for differential pay for rubber gloving for qualified employees in certain specified job classifications. The classifications are Electric Supervisors, Line Mechanics, and Apprentice Line Mechanics. Rubber Gloving allows the use of rubber gloves by certain trained electric line workers, under certain conditions, while performing work on energized lines/equipment in excess of 7,500 volts. The use of rubber gloves is intended to facilitate the safe performance of energized electric line work which would have otherwise been performed at length, by using the alternative but burdensome live line "hot-stick" tools. When properly trained workers safely use certified rubber gloves, the work is done efficiently thereby increase the service levels to customers while protecting the safety of employees. 011 Consent Item—Adopt Rubber Glove Program Manual March 22,2010 Page 2 The proposed Rubber Gloving Program Manual has been affirmatively reviewed by utility management and by the bargaining unit. It is similar to the programs that have been established by other municipal electric utilities in Southern California. It has the overall purpose of codifying the details of implementing the rubber gloving, which includes items such as glove certification, worker training, safety procedures and compensation for the designated employees authorized to use rubber gloves. Adoption of the Rubber Gloving Program Manual is considered as an administrative and procedural step towards implementing the program. Thereafter, Electric Division staff can commence with worker training, certification and the subsequent purchase thereof of new certified rubber gloves and related items. FISCAL IMPACT The rubber gloving program fiscal impact (5% differential to base monthly salary for the designated job classifications) has been accounted for, and reported as salary changes during the City Council meeting - agenda memo held on 21 December 2009. The accompanying fiscal impact component of program implementation consisting of the unit cost for new certified rubber gloves and associated training will be determined when quotes are solicited. These minimal costs will be covered in the electric divisions, annual operating budget, under Account#s 3340735830 -6566, -6220 & -6225 respectively. Prepared by: Dan Kjar,-Electric Operations Supervisor Attachment: Azusa Light&Water Rubber Glove Program Manual 012 aewosiev /Ati. LIGHT 0/ ATEA Rubber Gloving Mannal This Rubber Gloving Manual incorporates policy and procedures adopted by the City of Azusa-Rubber Gloving Committee. RUBBER GLOVING MANUAL - I - January 2010 013 INTRODUCTION The City of Azusa("City" or"Department") and the International Brotherhood of Electrical Workers, Local 18 ("the Union") are committed to working together to find ways to improve operational efficiencies and increase service levels while protecting the safety of employees. The use of rubber gloves on energized lines and equipment in excess of 7,500 volts is one such work practice that will help the City to achieve these objectives. In support of this goal, the City and the Union have developed this Rubber Gloving Program ("Program"), which addresses work procedures, training programs, certification, safety and equipment. A. OVERSIGHT COMMITTEE A permanent Oversight Committee consisting of two (2) members appointed by the Union and two (2) members appointed by the Light and Water Department shall be established to meet on a regular monthly basis for one year, then quarterly thereafter. The Oversight Committee will propose, evaluate, adopt, and interpret mutually acceptable safety rules, work procedures, training programs, certification procedures etc. as may be required and will provide overall guidance and direction for the Rubber Gloving Program. The Director of Utilities, or their designee and the Business Manager of local 18, or their designee shall be ex-officio members. The Oversight Committee will be responsible for reviewing the training to be provided to current employees and any new employees that may be hired after the Program is adopted. B. APPLICATION Unless otherwise stated, the Rubber Gloving Program will apply to only the following City of Azusa employee classifications: Electric Distribution Supervisor Electric Crew Supervisor Line Mechanic Apprentice Line Mechanic(during last six months of their apprenticeship) Rubber glove certification shall be required of all current and future employees listed in the classifications above. Apprentices shall be permitted to attend rubber gloving training and certification in the last six months of their apprenticeship with the approval of the Electric Crew Supervisors. Newly hired Journeyman Line Mechanics will be considered for attending rubber gloving training and certification after their first three month performance evaluation and the recommendation of the Electric Crew Supervisors. RUBBER GLOVING MANUAL - 2 - January 2010 0 Rubber gloves may be issued and used by other classifications as required by rules and policies that are outside the scope of this Program. Examples would include but are not limited to metering, control and electrical panel work, low voltage installations, water production and control sites, etc. The rubber glove certified employees who are to perform the work at the job site shall exclusively determine whether to perform the work with live line tools, rubber gloving methods or a combination of both. If rain develops after work has begun and the job must be completed, the live line tool method can be used. Rubber gloving in the rain is prohibited. C. MINIMUM CREW SIZE AND COMPLIMENT The Oversight Committee may discuss crew size and complement. Crew size and composition will comply with the requirements of the Memorandum of Understanding between the City and the IBEW, the state and federal laws as they apply. D. RETENTION OF LIVE LINE TOOLS Nothing in this Program will serve as the basis for a reduction in the number of live line tools that are to be carried on vehicles and/or available for issue to crews. E. CERTIFICATION The City retains the exclusive right to certify its employees for rubber gloving work. The Oversight Committee shall have the authority to accept or reject the training offered by other entities when considering rubber glove certification for City Employees. Employees certified in rubber gloving shall be recertified on an annual basis. R COMPENSATION Members of the Oversight Committee may discuss issues related to compensation; however those issues will be referred to the Human Resources Department and Union Business office in order to be addressed through the negotiation process. G. SUPPLIES AND EQUIPMENT RUBBER GLOVING MANUAL - 3 - January 2010 015 Rubber gloving procedures can begin once the appropriate number of employees on a crew have been trained and certified by the City and the proper tools and equipment are present. FL RUBBER GLOVING PROCEDURES While the Oversight Committee may review the supplies and equipment that are used or proposed for rubber gloving procedures, the City shall have the sole authority to execute requests for services and the purchase of supplies and equipment 1. These procedures shall govern all work on conductors and equipment energized above 7,500 volts through 15,000 volts nominal phase to phase. 2. Rubber glove work on voltages above 7,500 volts shall be done by utilizing the principals of"insulate" and "isolate". a. The worker is "insulated"by using rubber protective equipment and rubber gloves. b. The worker is "isolated"by using an approved insulating aerial device with bucket liners or an insulated work platform, which is an additional layer of insulation. 3. Personnel shall confine their work to one phase at a time and shall not make simultaneous contact with any part of the structure or any other phase. (second point of contact) 4. If rain develops after work has begun and the job must be completed, the live line tool method can be used. Rubber gloving in the rain is prohibited. 5. Certified rubber glove employees at the job site performing the work shall exclusively determine whether to perform the work with live line tools or utilize rubber glove procedures, or a combination of both. 6. The Electric Crew Supervisor in charge of the crew at the job site can overrule the decision to use rubber glove procedures. 7. All approved rubber protective equipment shall have the appropriate ASTM markings and have a valid test date before being used. 8. Rubber gloves and sleeves shall be rated class "2". All other rubber protective equipment shall be rated class "2"or higher. 9. Protective equipment shall be submitted for tests as required or at any time that they become suspect. The following testing intervals shall be followed unless more frequent inspection is deemed necessary: RUBBER GLOVING MANUAL - 4 - January 2010 016 Insulating Gloves 6 months Insulating Sleeves 6 months Blankets 6 months Insulating line hoses and other"soft" cover 12 months Tupperware and other"hard" cover When found to be damaged or defective Hot By-Passes and Mechanical Jumpers 12 months Aerial Devices 12 months Digger derrick booms 12 months Bucket liners ... 12 months 10. All rubber protective equipment shall be visually inspected prior to its use. 11. Rubber gloves shall be visually inspected and given an appropriate air and water test at the beginning of each work period or whenever their condition is in question. 12. Rubber gloves shall never be worn inside out. 13. Rubber gloves shall never be worn without approved protectors. 14. Rubber sleeves will be provided and may be used at the discretion of the employee performing the work. 15. Installing rubber protective equipment on energized lines in excess of 7,500 volts shall be done only when working from an approved aerial device or insulated platform. 16. When applying rubber protective equipment, an employee shall always cover the lowest and closest conductors first. In removing rubber protective equipment, the reverse order shall be followed. Protective equipment shall be applied from a position below the conductor whenever possible. 17. Poles, brackets, crossarms and all associated hardware within reach of the employee's body or tools shall be covered with approved protective equipment to prevent employees from contacting grounded surfaces. (second point of contact) 18. When work is to be done on or near energized lines or equipment, all energized or grounded conductors, guy wires or other equipment within reach of any part of the employees body or the aerial device shall be covered with rubber protective equipment, except that portion of the conductor or equipment on which the employee is working. 19. Intentional contact shall not be made with energized lines or rubber protective equipment with any part of the body except with rubber gloves. RUBBER GLOVING MANUAL - 5 - January 2010 017 20. Energized conductors shall not be moved without being properly controlled. 21. Aerial devices used for rubber gloving voltages above 7,500 volts shall be equipped with upper and lower controls. A minimum distance of three (3) feet of the insulated boom must be extended on all "stinger-type"booms to meet the dielectric capabilities required for rubber gloving. The insulated portion of "stinger-type"booms will be marked, and shall not be retracted to a position that would allow metal parts at the boom tip to come within three (3) feet of metal parts of the lower boom while working on energized lines. 22. Immediately prior to using aerial devices for high voltage rubber glove work, all insulated portions shall be visually inspected and wiped clean. Anything which adversely affects the insulation of the device shall be removed. This includes insulator washing hoses, rope or cable or other equipment. 23. While working from a bucket of an aerial device, all employees shall guard against the static and induced electrical charges that may be present on metal parts at the boom tip. 24. While working from an approved aerial device, the operator shall notify other employees prior to moving. 25. Approved insulated aerial devices shall not be used for rubber gloving procedures involving voltages above 7,500 volts unless it has passed a dielectric test and boom certification document is available for review. 26. Insulated booms of aerial devices, line washing trucks and digger derrick trucks shall pass periodic dielectric tests every 12 months and a certification document shall be available for review. Failure of the chassis isolating system will not prevent the use of a vehicle for rubber gloving; however, it should be repaired as soon a practical. a. Insulating devices shall have a periodic dielectric test performed in accordance with paragraph 5.4.3.2 (5) (a) (b) and 5.4.3.4 (5) (b) of ANSI Standard A92.2 dated 1990. b. A minimum distance of three (3) feet has been established for that portion of the insulated boom that must be extended on digger derrick trucks to meet the dielectric capabilities of the test. All conductive rope, cables or other items that bridge the insulated portion of the boom must be removed for this test. 27. Buckets of aerial devices shall have bucket liners with a liner pan installed prior to rubber gloving voltages above 7,500 volts. a. Insulated bucket liners shall have a periodic dielectric test every 12 months performed in accordance with paragraph 5.4.3.5 of ANSI Standard RUBBER GLOVING MANUAL - 6 - January 2010 018 A92.2 dated 1990 and a certification document shall be made available for review upon request. 28. At no time shall the insulated boom or bucket contact unprotected conductive or grounded objects when an employee is gloving energized lines. 29. Only approved live line tools shall be used to operate all fused cutouts or disconnects unless they have been electrically bypassed. 30. Fiber strap hoists are approved for use on distribution voltages provided that an approved insulating link stick is installed between the hoist and any other surface with a different potential. 31. Only approved devices shall be used for picking up or dropping load. 32. When a third person is utilized for a rubber gloving crew, that person shall be trained in the following: a. First aid b. Cardiopulmonary resuscitation c. Radio procedures d. Aerial lift operations: (Upper controls, lower controls and aerial rescue procedures) 33. The use of live line tools in conjunction with rubber glove procedures is to be limited to situations where safety margins are not decreased by the introduction of live line tools into the rubber glove environment. 34. The following combination of work methods is not allowed: One rubber glove certified employee on the pole using live line tools and another employee on an insulated platform using rubber gloves. 35. At no time shall rubber glove work above 7,500 volts be done except from an aerial device or insulated platform. 36. Only hydraulic tools connected to the boom tip tool circuit will be permitted to make contact with energized lines. This does not preclude the use of self- contained hydraulic and battery operated hand tools. Employees shall avoid contact with hoses. 37. A tailboard briefing shall be held prior to the commencement of work to establish the exact procedures to be used and the sequence of work steps. The tailboard briefing between the person in charge and the crew should address the factors that may affect the safety and progress of the work such as the weight of the RUBBER GLOVING MANUAL - 7 - January 2010 01 9 conductor, condition of the pole, cross-arms and other equipment on the pole, guying requirements and fully explain the following: a. WHY the work is to be done b. WHAT is to be accomplished c. HOW the work is to be carried out d. WHO will do what tasks e. Hazards present and precautions to be taken 38. The employee in charge shall ensure that adequate planning has been accomplished and that protection is in place to guard against the "second point of contact". No electrical accident is possible without a second point of contact and the severity of the electrical accident is directly related to the conductivity of the path to ground or another phase. 39. If additional employees arrive at the site to assist in the work or if a major change in work practice is necessitated after the work begins, additional discussions shall take place to clearly establish the procedures to be used and the relevant information from the original tailboard. 40. If live line tools are to be used in conjunction with rubber gloving procedures, the tailboard briefing shall clearly establish how the work is to be done so that safety at the worksite will not be compromised. 41. No-Test Orders on the circuit to be worked upon and any adjacent circuits shall be considered and requested before rubber gloving work begins. Reclosures shall be blocked (disabled) while work is in progress. 42. "Primary area" as used in the Rubber Gloving Program is defined as any area where any part of the body or any conducting object can be brought closer than twenty-five (25) inches to any energized line, regardless of the rubber protective equipment. 43. Rubber gloves shall be properly worn before entering the primary area and shall not be removed until the employee is completely out of the primary area. 44. During the time that a qualified employee is doing work in the proximity of any exposed energized high voltage equipment and/or conductors, another qualified employee shall act as an observer for the purpose of preventing an accident and for effecting a rescue in the event of an accident. (See the Electic Division Safety Manual Section 16 Worker Requirements 1602-5 on page 103) RUBBER GLOVING MANUAL - 8 - January 2010 020 45. Electric tools and their power cords shall be removed from the bucket when working on energized lines. 46. When using hot hoists, an approved insulated link stick shall be installed between the hoist and any other surface with a different potential. 47. When using the winch line of a material handling aerial device while working on energized lines, an approved link stick must be used. I. APPROPRIATE EQUIPMENT TO BE USED The following equipment and tools are approved for rubber gloving voltages 7,500 through 15,000 in addition to using existing live line tools and work methods: a. Aerial devices with bucket liners and pans b. Insulated work platforms c. Fiber strap hoists with insulated links d. Load pick-up jumpers e. Mechanical jumpers and by-passes (15KV) .L CERTIFICATION Training established by the Committee will certify who is authorized to perform rubber glove work on voltages above 7,500 volts but not higher than 17,000 volts. K. WEATHER CONDITIONS If rain develops after work has begun and the job must be completed, the live line tool method can be used. Rubber gloving in the rain is prohibited. L. RUBBER GLOVE INSTRUCTION The Committee will develop and recommend a list of candidates for consideration to perform rubber glove training. Representatives from the Union and the City will act as observers during the initial training sessions to ensure that the critical topics are addressed properly by the instructors. Minor modifications to the curriculum shall be made as soon as possible and reported to the Committee at its next meeting. If required, the observers may RUBBER GLOVING MANUAL - 9 - January 2010 021 request a special meeting of the Committee to address significant unresolved issues that cannot wait until the next scheduled meeting. Instructor qualifications shall include: a. A minimum of five (5) years at the journey level b. Strong leadership skills c. Superior safety record d. Variety of assignments e. Certification in rubber gloving procedures RUBBER GLOVING MANUAL - 10 - January 2010 022 g .' . , sae x' , AZUSA .IGiT 4 WATER SCHEDULED ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES 4.Th DATE: MARCH 22, 2010 SUBJECT: REQUEST APPROVAL TO AWARD CONTRACT FOR WALK-IN CASH PAYMENT CENTERS TO IPP OF AMERICA, INCORPORATED RECOMMENDATION It is recommended that IPP of America, Inc. be awarded a three-year contract with a two-year renewal option for walk-in cash payment services. BACKGROUND Some Light & Water customers come to our office to pay in cash on Fridays when we are closed. The security guard informs these customers to either get a money order and put the payment in the drop box or return on Monday when our office reopens. We want to expand payment service to these customers. Last year we searched for a vendor who contracts with certain local businesses that are open additional hours than Light & Water and accept utility payments. Western Union was unable to contract with any local businesses and we could not come to agreeable contract terms with Official Payments Corporation, which contracts with one local business. IPP of America, Inc. (IPP) already contracts with six local businesses to take walk-in utility customer cash only payments. Payments are then remitted electronically each business day to the City and customer accounts are electronically updated. IPP has contracted with over 4,000 businesses throughout California to take cash payments, including in our area: Azusa Wireless, 630 East Foothill Boulevard, Azusa Mon. — Sat. 10— 7; Sun. 10 - 5 Prime Services, 536 West Arrow Hwy., Covina Mon. —Fri. 10— 5; Sun. 10 - 4 Famsa/Dollar Express, 1421 Azusa Avenue, Covina 7 days per week, 10 - 7 023 Award Contract For Walk-In Cash Payment Centers March 22, 2010 Page 2 H&J Enterprise, 329 E. Gladstone Street, Azusa Mon. —Fri. 10—6; Sat. 10—4; Closed Sun. Ace Cash Express, 891 Citrus Avenue, Azusa Mon. —Thurs. 9— 7; Fri. 9— 8; Sat. 9—6; Sun. 10— 3 Azusa Exxon Gas, 478 West Arrow Hwy., Covina Mon. — Sun. 6 a.m. — 12:00 p.m. IPP will contract with other local businesses as those interested are identified and deemed viable. Azusa Wireless alone typically handles about 1,500 payments each month for cell phone, cable, gas, and credit cards. This is an added convenience for our cash-paying customers since they will be able to pay their Azusa Light & Water bill seven days a week. Attached is a service area map with the local IPP payment offices. Like customers who pay by credit or debit card, there would be a transaction fee of$2.50 which would be the sole responsibility of the customer. IPP contracts with Paymentus, the vendor we use for over the phone and internet credit and debit card payments, to share transaction information so they will show up in real time on our Customer Service Representatives' (CSR) online agent dashboard owned by Paymentus. This enables CSR's to immediately be able to answer any customer questions about their payments. Once approved and implemented, this new payment option will be communicated to customers by bill message, bill insert, Light &Water web site and poster in our lobby. The service agreement has been reviewed by our city attorney and is ready for signature. FISCAL IMPACT Since customers are paying for this service there will be no fiscal impact to Azusa aside from an occasional bill insert where we provide customers the locations of these payment offices. Prepared by: Karen Vanca, Assistant Director Customer Care & Solutions Attachments: Map—Cash Payment Center Locations IPP In-Person Payment Processing Agreement 024 CASH PAYMENT CENTER LOCATIONS: ".'""i A n°nq G r°uY ;,IUnrW,1 I j I 1 I 1 I i. • ..:ami, I , -¢'•r `ora^ s. c.4" r-L't ,�^• .0.....„..?: sTwlA rAmPt":srA 1'-frpj�E� ¢ ��.t°,fi'., ' . +=v; k_f.li''� l(c jr1 ttuo YK [Ad ni-- 1,¢y.rlU 1$ IIs,',. �IF f 3r .- R jZ ] lWrTYli:l.•.7 y d w.. E. rAf.' /111.."7 s• r 7111_ e @.?' 1 .W L‘ >`s., 6 W oT•ocHx ri b E.:;•+ 'IDilr^\, DT V. V- �1 e4e: atwapi fj. .. • �{5t �.,�¢, dY'•........'s..�V". sT 6111='^. i.Q...... • "moo I =Fit 4t-�It! L .. At 1. :A l _ .,;,. E I e s S ; — .'r:•zai" '''''..'D PEs' I:.ti ;: ..ft,' - .t' - °,i 7. 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Azusa Covina 025 IPP IN-PERSON PAYMENT PROCESSING AGREEMENT IPP CLIENT AGREEMENT dated March 23,2010,(the"Agreement")between IPP of America, Inc.,a New Jersey corporation,with an address at 330 Passaic Avenue,Fairfield NJ 07004 ("IPP"),and City of Azusa Light&Water with an address at 729 N.Azusa Ave.,Azusa,CA 917902("CLIENT"). WITNESSETH: WHEREAS,IPP is a bill payment facilitator whose primary business is providing bill payment facilities on behalf of its CLIENT'S through its authorized payment centers for use by CLIENT'S customers. Client has customers("Customers")who are required to make payments to Client on a periodic basis ("Bill Payments").Client requires an efficient system to allow Customers to make Bill Payments in person at convenient and easily accessible Payment Outlets. IPP has a network of Payment Outlets with Payment Terminals(the"Agent Network")to process Customer Payment Data and to report and remit Customer Payments to Client. This Agreement provides the terms and conditions of Client's and IPP'obligations in performing its duties hereunder. WHEREAS,IPP wishes to enter into the business association with CLIENT as set forth in this Agreement and to provide to CLIENT bill payment services for use by CLIENT'S customers. NOW,THEREFORE,in consideration of the foregoing,the mutual covenants and agreements contained herein,and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,the parties hereto hereby agree as follows: 1. Appointment as Authorized Vendor. CLIENT hereby appoints IPP to serve as an authorized vendor for the purpose of accepting cash from the CLIENT's customers on the terms and subject to the conditions set forth in this Agreement. 2. IPP Obligations. a) IPP shall provide retail locations for collection and processing of CLIENT's customer payments, including all POS processing equipment and complete management. b) IPP Agent locations shall accept payments from CLIENT's customers in the form of cash,or money orders in order to credit funds to customer's accounts in connection with CLIENT services and transmit such payment to CLIENT in accordance with required remittance processing and acceptance. c) Any addition to IPP agent locations in Schedule 2 must be with the consent of CLIENT. CLIENT must be notified 30 days in advance of any location closing or as soon as IPP is aware of a closing. d) The IPP Agent shall provide each customer with a receipt via the POS processing equipment. e) IPP shall provide training for each Agent,furnish the Agent with appropriate training literature, and support the Agent's during the term of the Agreement by communicating changes in the IPP system(if applicable)to the Agent's,maintaining a toll-free telephone number that Agent's may call for assistance. f) IPP shall transmit customer payment data to CLIENT based upon CLIENT's specifications(and at a mutually agreed upon timeframe)at least once each business day,unless stated otherwise by CLIENT (real-time, batch, etc). Transmission shall occur regardless of whether or not payments were taken by an Agent location. g) IPP shall notify CLIENT by way of daily remittance to report the number of items and the dollar amount transmitted. h) Within 2 business days from the date that an Agent receives a payment transaction from a CLIENT's customer, IPP shall initiate an Automatic Clearing House (ACH) electronic 026 transaction and shall credit the bank account designated by CLIENT in an amount totaling the sum of all payments equaling transmittal information. IPP assumes the risk of loss to the CLIENT for CLIENT's funds received by IPP or its Agent's from CLIENT's customers, until monies are received in CLIENT's bank. Funds received by IPP and its payment centers on behalf of CLIENT from CLIENT's customers are deemed to be held by IPP for and on behalf of CLIENT. In no case shall IPP's liability be more than the amount of the order cost due CLIENT. In no case will either IPP or CLIENT seek recourse from CLIENT's customers for monies paid by such customers to IPP or its payment centers which have not been received by CLIENT. i) IPP shall take steps to ensure that the processing of each transaction is in compliance with all applicable laws prohibiting money laundering or the transfer of funds to specified persons or entities, including the Bank Secrecy Act, USA Patriot Act, as well as the rules and regulations promulgated by the Office of Foreign Assets Control. IPP shall immediately notify CLIENT if it determines that the processing of any transaction would likely violate any of the Anti-Money Laundering Laws. I) Customer payment disputes, research and adjustments: 1. IPP shall adjust any discrepancies pertaining to the payment data file transmission process via an ACH debit or credit within three (3) business days of being made aware of the error. 2. IPP will research and attempt to resolve all disputed customer research items within three (3) business day. 3. Client Obligations. a) CLIENT agrees that cash, and money order payments will be the only form of payments accepted at an Agent. b) CLIENT shall provide information regarding customer bill statements (check-digit algorithm scheme, sample statements, banking information, etc.)for the purpose of electronically posting customer payment data to CLIENT. c) CLIENT shall provide a contact person to interface regularly(or when needed)with IPP. d) CLIENT shall provide bank account information(name and account number)in order to receive funds related to customer payments. e) CLIENT agrees to promote IPP Agent's to it's customers at no cost to IPP, including bill inserts, Azusa Light & Water web site, bill messages, office lobby posters. f) CLIENT shall provide a deposit slip with the ABA number and account number to which IPP shall submit funds under this Agreement. 4. Term and Termination. 4.1. The term of this Agreement will commence on the date hereof,will continue for a period of three (3) years, and will renew automatically for additional periods of two (2)years, unless otherwise terminated pursuant to the terms of this Agreement. 4.2. Termination. Either party may terminate this Agreement upon giving ninety(90) days written notice to the other party. 4.3. Notwithstanding Section 4.2 above, this Agreement may be terminated by either party on thirty(30)days prior written notice to the other party upon the occurrence of a material breach by the other party of any covenant, duty or undertaking herein, which material breach continues without cure for a period of fifteen (15) days after written notice of such breach is received by the breaching party from the non-breaching party. 5. Fees and Compensation to IPP (outlined within the Economic Summary portion of agreement). 6. Confidential Information/Non-Circumvention. 6.1 Each party agrees that it shall (i)take reasonable steps to protect the Confidential Information (as defined below)of the other party, using methods at least substantially equivalent to the 027 steps it takes to protect its own proprietary information, but not less than a reasonable standard, during the Term of the Agreement and for a period of one (1)year following expiration and termination of this Agreement and (ii)prevent the duplication or disclosure of Confidential Information, other than by or to its employees who must have access to the Confidential Information to perform such party's obligations hereunder, provided that each party shall make such employees aware of the restrictions of this section. 6.2 For purposes of this Agreement: "Confidential Information" means all confidential and proprietary information of a party, including, without limitation, information relating to: the business; trade secret information; client, investor, customer and supplier lists, and contracts or arrangements; financial information (including financial statements, budgets and projections); market research and development procedures, processes, techniques, plans and results (including inconclusive results); all information which may be included by the party in any patent or copyright application or amendment thereof or defense or litigation with respect thereto; marketing, licensing and distribution strategies, plans or projections; investment or acquisition opportunities, plans or strategies; products and asset composition; pricing information or policies; royalty or licensing arrangements; computer software, passwords, programs or data; and all other business related information which has not been publicly disclosed by the party or its affiliates, whether such information is in written, graphic, recorded, electronic, photographic, data or any machine readable form or is orally conveyed to or developed by the other party;provided that Confidential Information shall not include information which: (i)at the time of disclosure is generally known in the business and industry in which the party is engaged; or(ii) after disclosure is published or otherwise becomes generally known in such business or industry through no fault of the other party. As a result of receiving confidential information and otherwise becoming familiar with each others business affairs"IPP"or"CLIENT" may obtain knowledge of each other's employees, associates, partners, contacts, sources, contractors, investors, potential investors, CLIENT's, other service providers, customers and prospects (collectively the "Proprietary Relationships")and the others plan's and opportunities (collectively the " Proprietary Opportunities"). Therefore, neither"IPP" or"CLIENT" shall use its knowledge of any Proprietary Relationship or Proprietary Opportunity of the other(a)for any other purpose other than to operate under this agreement, (b)for their own advantage or economic benefit outside the scope of this agreement or(c) in any manner that would harm or otherwise be a detriment to the other. 6.3 User Information. CLIENT agrees that as between CLIENT and IPP, all information received, directly or indirectly, voluntarily or extracted through transactional activity from Payment Centers and all information created or derived there from and containing such information (either created or derived by CLIENT or IPP) is the property of both IPP and the CLIENT. 6.4 CLIENT also agrees from the date of this Agreement, and during the term of this Agreement, not to enter any Agreement with any retailer which is currently a Payment Center of IPP. CLIENT will not introduce or attempt to induce any of IPP's retailers, Payment Centers or employees to cease their relationship with IPP. 6.5 CLIENT shall not assist, directly or indirectly, any other party in any manner using or attempting to use the Payment Center list, and will not at any time disclose all or any portion of it to any other person or entity. 6.6 CLIENT may make disclosure to any governmental agency, following a court order or to a legal proceeding and to counsel of CLIENT. 7. Representations and Warranties of CLIENT. 7.1 CLIENT hereby represents and warrants that(i) CLIENT has the power and authority to enter into this Agreement and to perform its obligations hereunder and, upon execution and delivery hereof, this Agreement shall constitute the valid and binding obligations of CLIENT enforceable in 028 accordance with its terms; (ii) to the extent that CLIENT is required to obtain rights, licenses, permissions, clearances, approvals and/or attribution information necessary for IPP to resell its product, CLIENT will do so accurately and completely. 8. Representations and Warranties of IPP. 8.1 IPP hereby represents and warrants that IPP has the power and authority to enter into this Agreement and to perform its obligations hereunder and, upon execution and delivery hereof, this Agreement shall constitute the valid and binding obligations of IPP enforceable in accordance with its terms. 9. Indemnification. 9.1 Each party hereto shall indemnify, defend, and hold harmless the other party, its directors, officers, employees and agents with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that it is based upon a claim that, if true, would constitute a breach of any of the indemnifying parties' representations, warranties, or agreements hereunder. 9,2 In claiming any indemnification hereunder, the party claiming indemnification (the "Claimant") shall provide the other party with written notice of any claim which the Claimant believes falls within the scope of the foregoing sections. The Claimant may, at its own expense, assist in the defense if it so chooses, provided that the other party shall control such defense and all negotiations relative to the settlement of any such claim and provided further that any settlement intended to bind the Claimant shall not be final without the Claimant's written consent. 10. Miscellaneous Provisions. 10.1 Inspection of Records. Each party shall have a right, upon reasonable written demand, to examine the books and records of the other party with respect to products and services provided pursuant to this Agreement. 10.2 Retention of Records. IPP shall maintain the following records in hard copy or electronic image for the periods set forth below: Item On-Site Total Time Maintained ACH transmissions 12 months 7 years Agent deposit tickets as received destroyed after bank statement reconciliation Agent transmissions 12 months 7 years Client adjustment 12 months 7 years correspondence Client contract file life of contract life of contract plus 7 years Client correspondence as needed 2 years Debit/credit advice 2 months destroyed after 2 months Returned Items/Return Item 12 months 7 years Letters 10.3 Insurance. IPP shall procure, pay premiums, and at all times during the term of this Agreement maintain insurance coverage for: (i) commercial general liability with minimum coverage of not less than one million dollars ($1,000,000) per occurrence and two million dollars($2,000,000)in the aggregate; (ii)employee theft with minimum coverage of not less than one million dollars ($1,000,000), and (iii) automobile liability insurance with minimum coverage of not less than one million dollars ($1,000,000) per accident covering vehicles owned, leased or operated by IPP and its employees. IPP shall also maintain during the term of this Agreement all insurance policies required by law including Workers' Compensation insurance and coverage for Employer's Liability. 029 IPP shall maintain all of the foregoing insurance policies to protect the CLIENT from all claims, losses , demands, and causes of action arising by reason of any action undertaken or omitted by IPP or its e mployees. All such policies of insurance shall be primary and non-contributory. The policies may not be materially changed, reduced or canceled unless thirty(30) days prior written notice thereof is furni shed to CLIENT. Within fifteen (15) days of execution of this Agreement, IPP shall furnish CLIENT wi th certificates of insurance certifying that the appropriate insurance policies are in place. 10.4 Notices. All notices, requests, claims, demands and other communications given or made pursuant hereto shall be in writing (and shall be deemed to have been duly given or made upon receipt) by delivering in person, by cable, by telecopy(with confirmation, a copy of such telecopy material delivered in person or by registered or certified mail, postage prepaid, return receipt requested) or by registered or certified mail (postage prepaid, return receipt requested)to the respective parties at the address as set forth in the first paragraph of this Agreement(or at such other address for a party as shall be specified in a notice given in accordance with this Section). 10.5 Entire Agreement; Amendment. This Agreement and the exhibits hereto are the entire agreement among the parties hereto pertaining to the subject matter hereof. This Agreement shall not be amended except by a written document signed by all of the parties hereto. 10.6 Specific Performance. The parties recognize and acknowledge that in the event of a breach or default by either party hereto of the terms and conditions of this Agreement, the damages to the remaining party to this Agreement, may be impossible to ascertain and such party shall not have an adequate remedy at law. In the event of any such breach or default in the performance of the terms and provisions of this Agreement, any aggrieved party or parties shall be entitled to institute and prosecute the proceedings in any court of competent jurisdiction, either at law or in equity, and without the necessity to post a bond or prove special damages, to enforce the specific performance of the terms and conditions of this Agreement, to enjoin further violations of the provisions of this Agreement, and/or to obtain damages. Such remedies shall however be cumulative and nonexclusive and shall be in addition to any other remedies, which any party may have under this Agreement or at law. 10.7 No Waiver. No waiver of any breach of any terms hereof shall be effective unless made in writing signed by the party against whom enforcement of the waiver is sought, and no such waiver shall be construed as a waiver of any subsequent breach of that term or of any other term of the same or different nature. 10.8 Binding Agreement. This Agreement shall be binding upon the parties hereto and their respective successors. 10.9 Relationship of Parties. The parties are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Agreement to create an agency, partnership or joint venture between the parties. Notwithstanding the foregoing, to the extent required by applicable law, CLIENT's appointment of IPP as an authorized bill payment representative will establish an agency relationship, limited strictly to the rights, duties and obligations as set forth herein. Further, nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of the employer and employee between CLIENT and IPP. IPP shall not at any time represent its relationship with CLIENT's as anything other than an independent contractor. IPP shall not at be deemed an employee of CLIENT and shall not be entitled to participate in or receive any benefit or right as an employee under any CLIENT plan, including without limitation, CLIENT employee insurance, pension, savings, or profit sharing plans. As an independent contractor, IPP shall be responsible for paying and reporting all federal, state income tax, Social Security tax, and unemployment insurance applicable to IPP. IPP shall not be entitled to any health or disability insurance, retirement benefits, or any other welfare or pension benefits (if any)to which employees of CLIENT, its parent and affiliates may be entitled. 030 11. Use of Name and Logo. IPP may use the names and logos of Biller in reasonable and discrete advertising for its Agents (e.g., window stickers, service desk display cards) and for other reasonable business purposes after consultation with and prior written approval by Biller. 12. Severability. If any provision of this Agreement shall be held by any court of competent jurisdiction to be illegal, void or unenforceable, such provision shall be modified or narrowed so as to avoid such defect, but the illegality or unenforceability of such provision shall not impair the enforceability of any other provision of this Agreement. 13. Applicable Law. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles. 14. References. The headings in this Agreement are for convenience of reference only and not for any other purpose. 15. No Third Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and nothing herein, express or implied, is intended to or shall confer upon any other person or entity, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. 16. Counterparts. This Agreement may be executed in counterpart copies and each of which shall be an original but all of which shall constitute a single instrument. IN WITNESS WHEREOF, the undersigned have executed and delivered this Agreement as of the date first written above IPP of America, Inc. CLIENT By: By: Name: John Zaleskie Name: Joseph R. Rocha Title: CFO Title: Mayor 031 EXHIBIT I Economic Summary Amount Description Payment Description Mode Set-up Fee No Charge Includes integration with Paymentus Transaction & No Charge Customers are solely responsible for Agent Commission the payment of the Transaction Fee Fee ($2.50). Transfer No charge 100% by the second banking ACH transfer of Customer business day credit Payments from IPP to Client Adjustments Varies Include but are not limited to: ACH transfer Customer Payments entered twice, incorrect amount, incorrect utility, and/or incorrect payment type. Term of 3 years + 2 Beginning Effective Date Agreement two-year renewals Real-time or No Charge Customer payment information is Memo File Posting available to CLIENT in real-time or memo file posting if so desired. 15 032 EXHIBIT II LIST OF CURRENT IPP PAYMENT CENTERS Azusa Wireless, 630 East Foothill Boulevard, Azusa Prime Services, 536 West Arrow Hwy., Covina Famsa/Dollar Express, 1421 Azusa Avenue, Covina H&J Enterprise, 329 E. Gladstone Street, Azusa Ace Cash Express, 891 Citrus Avenue, Azusa Azusa Exxon Gas, 478 West Arrow Hwy., Covina 16 033 p abo ALuSA . CHI b 0•'4f11 INFORMATIONAL ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: MARCH 22, 2010 SUBJECT: UPDATE ON LODI ENERGY CENTER (LEC) The Project received some long-awaited good news when on March 10, 2010 the California Energy Commission issued its Presiding Member Proposed Decision (PMPD) on the project. The PMPD recommended formal approval by the full CEC. A final public hearing was set for April 21 when the CEC is expected to issue a construction license for the project. Assuming a favorable action by the CEC on April 21 , the next step involves Participant approval of the CEQA work performed by the CEC and of the two project agreements: a Power Sales Agreement and a Project Management & Operating Agreement. Presently, Staff expects to request Utility Board approval of these items at its April 26, 2010 meeting. Black & Veatch is finalizing its review of Azusa's participation in the project. Preliminary conversations with the principal investigator indicate that the project will compare favorably with (i) other power supply alternatives available to Azusa and (ii) the bulk power market. You may recall that the primary impetus for Azusa's involvement in LEC is to serve as a partial replacement for San Juan Unit 3 power that may eventually be phased out of use through divestiture, regulations or by policy. A difficult issue facing the project is the need to give the major equipment supplier, Siemens, a Final Notice to Proceed by March 30 or face possible additional costs and/or project delays. Assuming receipt of CEC approvals on April 21 and the need to allow time for participant execution of project documents, a delay of 2 to 3 months in the issuance of the notice to proceed is likely. LEC management is assessing the impact of this delay. For information, one of the key changes in the project since my last report is the reduction in participation by Modesto Irrigation District from 60 MW to 30 MW. MID stated that bond covenants regarding debt coverage required them to either increase rates or to reduce participation. At this point, the California Department of Water Resources and Santa Clara have increased their participation to keep the project fully subscribed. Prepared by: G. Morrow, Director of Utilities 034 • a a 4 AZUSA LIGHT 8 WATER INFORMATIONAL ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE USA UTILITY BOARD FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: MARCH 22, 2010 SUBJECT: QUARTERLY FUEL COST ADJUSTMENT FOR SAN JUAN RESOURCE On July 26, 2004, the Utility Board approved a fuel cost adjustment mechanism for San Juan power plant. This mechanism is intended to credit customers with cost savings that are realized when our power plant operates reliably and replacement power costs are avoided, and conversely, allow the Utility to increase revenues to recover a portion of our replacement power costs when the San Juan resource experiences outages. This report encompasses replacement power costs incurred for the San Juan resource during the period of December 15, 2009 through March 15, 2010. For reasons stated below, staff recommends that NO Fuel Cost Adjustment be assessed on customer electric billings for the period of April 1, 2010 through June 30, 2010. The availability of the San Juan unit #3 during the period of December 15, 2009 through March 15, 2010 was 76%, lower than the budgeted availability of 85%. The average cost of replacement power was $42.75/MWh as compared to the budgeted cost of$40/MWh, resulting in a net cost of $283,277 for Fuel Cost Adjustment for the quarter, and when combined with the carry over from the previous quarter of$421,611 it resulted in a total FCA credit of$138,333. Given the anticipated San Juan replacement power costs in the second quarter of 2010 due to a planned San Juan unit 3 maintenance outage staff recommends the FCA credits be carried over to offset the foreseeable large San Juan FCA charges next month. Prepared by: George F. Morrow, Director of Utilities Richard Tones, Power Resources Coordinator Tim Vuong, Power Resources Scheduler Attachment Si FCA Q2_10_20100315.xls 035 San Juan Fuel Cost Adjustment Calculation for Q2 2010 Dec 15-Jan February March' Actual SJ Output 27,878 12,260 8,940 Actual SJ Replac Energy Cost $282,055 $317,946 $72,077 $42.75 Maximum Output 34,560 20,160 10,080 Unavailable SJ Output 6,682 7,900 1,140 24.26% %Outage Rate 19.33% 39.19% 11.31% Base SJ Output @ 85% 29,376 17,136 8,568 Unavailable SJ Output 5,184 3,024 1,512 %Outage Rate 15.00% 15.00% 15.00% Base SJ Replac Energy Cost @$40/MWh $207,360 $120,960 $60,480 Actual-Base SJ Replac Energy Cost $74,695 $196,986 $11,597 San Juan Insurance Premium Recovery $0 $0 $0 San Juan Insurance Payout $0 $0 $0 Cumulative Quarterly Difference(CQD) $283,277 Q1 2010 Carry-Over -$421,611 If l(CQD)I<$100,000,then adjustment=0 If KCQD)I>$750,000,then adjustment=+-$750,000 or else adjustment=CQD -$138,333 April May June Forecast Retail Sales(MWh) 20,179 22,133 21,187 SJ FCA for Q2 2010(cents/KWh) -0.22 (*)Through March 15,2010 C ) C.4 Cn