HomeMy WebLinkAbout061919 - Agenda - Regular MeetingTRES HERMANOS CONSERVATION AUTHORITY
BOARD OF DIRECTORS REGULAR MEETING
JUNE 19, 2019 AGENDA
6:00 p.m.
CITY OF INDUSTRY
COUNCIL CHAMBER
15651 E. STAFFORD STREET
CITY OF INDUSTRY, CALIFORNIA
1. CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
Cory Moss, Chair
Carol Herrera, Vice -Chair
Catherine Marcucci, Board Member
Ray Marquez, Board Member
Peter Rogers, Board Member
Newell Ruggles, Board Member
Steve Tye, Board Member
2. PUBLIC COMMENTS: At this time, members of the public may address the
Authority regarding any items within the subject matter jurisdiction of the
Authority provided NO action or discussion may be taken on any item not
appearing on the agenda, except the Authority may BRIEFLY respond to
statements made or questions posed. Comments are limited to five minutes per
speaker.
3. CONSENT CALENDAR:
3.1 Consideration of the Minutes of the May 15, 2019 regular meeting
Recommended Action: Approve as submitted.
Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City
Clerk at Industry City Hall, and are available for public inspection. If requested, the agenda will be made available
in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act
of 1990. If you have questions regarding an agenda item, please contact the Authority Secretary at (626) 333-2211
during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the Tres
Hermanos Conservation Authority requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a public meeting, must inform the Authority Secretary a minimum
of 72 hours prior to the scheduled meeting.
1383679.1
June 19, 2019 PAGE 2 THCA Agenda
3.2 Consideration to approve the Treasurer's Report for the month of April
2019
4.
F
N.
7
RECOMMENDED ACTION: Approve the Treasurer's Report.
3.3 Consideration to approve the check register for the month of May 2019
RECOMMENDED ACTION:
OLD BUSINESS:
There is none.
NEW BUSINESS:
Approve the check register.
5.1 Official Bond for Fiscal Year 2019-20
RECOMMENDED ACTION: Authority to approve the Government
Crime Insurance Proposal from Alliant as the official bond for Fiscal Year
2019-20 and authorize the Treasurer to execute the Request to Bind
Coverage and pay the annual premium of $1,500.00.
5.2 Consideration of a Consultant Services Agreement with Mead & Hunt, Inc.
for Dam Inundation Mapping and Emergency Action Planning services at
Chino Ranch #1 Dam, No. 2025.000, in the amount of $18,000.00
RECOMMENDED ACTION: Approve the Agreement.
AUTHORITY DIRECTOR COMMENTS:
ADJOURNMENT: The next regular Tres Hermanos Conservation Authority
Meeting will be Wednesday, July 17, 2019 at 6:00 p.m.
TRES HERMA NOS CONSERVATION AUTHORITY
ITEM NO. 3.1
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MAY 15, 2019
PAGE 1
1. CALL TO ORDER
The Regular Meeting of the Tres Hermanos Conservation Authority, Board of
Directors, was called to order by Chair Cory Moss at 6:00 p.m. in the City of Industry
Council Chamber, 15651 East Stafford Street, California.
FLAG SALUTE
The flag salute was led by Chair Cory Moss.
ROLL CALL
PRESENT: Cory Moss, Chair
Carol Herrera, Vice Chair
Catherine Marcucci, Board Member
Peter Rogers, Board Member
Newell Ruggles, Board Member
Steve Tye, Board Member
ABSENT: Ray Marquez, Board Member
STAFF PRESENT: Troy Helling, Executive Director; David DeBerry, General
Counsel; Dan Fox, Deputy Executive Director; and Julie Robles, Authority Secretary.
Chair Moss made a motion to excuse Board Member Marquez from this meeting.
Motion was second by Vice Chair Herrera. Motion carried 6-0.
2. PUBLIC COMMENTS
There were none.
3. CONSENT CALENDAR
3.1 CONSIDERATION OF THE MINUTES OF THE MARCH 20, 2019 REGULAR
MEETING AND THE MARCH 27, 2019 SPECIAL MEETING
APPROVED AS SUBMITTED.
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MAY 15, 2019
PAGE 2
3.2 CONSIDERATION TO APPROVE THE TREASURER'S REPORT FOR THE
MONTH OF MARCH 2019
APPROVED THE TREASURER'S REPORT.
3.3 CONSIDERATION TO APPROVE THE CHECK REGISTER FOR THE MONTHS
OF MARCH AND APRIL 2019
Chair Moss requested the Payee be listed on future Check Registers. She would
like to see whose getting paid. Executive Director Troy Helling stated he would
mention it to Authority Treasurer Christina Buhagia.
APPROVED THE CHECK REGISTER.
MOTION BY VICE CHAIR HERRERA, AND SECOND BY BOARD MEMBER
MARCUCCI TO APPROVE THE CONSENT CALENDAR. MOTION CARRIED 6-0,
BY THE FOLLOWING VOTE:
AYES: BOARD MEMBERS: MARCUCCI, ROGERS, RUGGLES
TYE, V/C HERRERA, C/MOSS
NOES: BOARD MEMBERS: NONE
ABSENT BOARD MEMBERS: MARQUEZ
ABSTAIN BOARD MEMBERS: NONE
4. OLD BUSINESS
There was none.
5. NEW BUSINESS
5.1 CONSIDERATION TO ADOPT THE STATEMET OF INVESTMENT POLICY
CONSIDERATION OF RESOLUTION NO. THCA 2019-05 — A RESOLUTION
OF THE BOARD OF DIRECTORS OF THE TRES HERMANOS
CONSERVATION AUTHORITY ADOPTING THE STATEMENT OF
INVESTMENT POLICY FOR THE 2019-20 FISCAL YEAR
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MAY 15, 2019
PAGE 3
MOTION BY BOARD MEMBER ROGERS, AND SECOND BY BOARD MEMBER
MARCUCCI TO ADOPT RESOLUTION NO. THCA 2019-05. MOTION CARRIED
6-0, BY THE FOLLOWING VOTE:
AYES: BOARD MEMBERS: MARCUCCI, ROGERS, RUGGLES,
TYE, VC/HERRERA, C/MOSS
NOES: BOARD MEMBERS: NONE
ABSENT BOARD MEMBERS: MARQUEZ
ABSTAIN BOARD MEMBERS: NONE
6. AUTHORITY DIRECTOR COMMENTS:
Executive Director Troy Helling stated that he was working on a draft budget for next
month's meeting.
7. CLOSED SESSION
Authority Secretary Robles announced there was a need for Closed Session as follows:
7.1 Public Employee Appointment pursuant to Government Code Section 54957
Title: General Counsel
7.1 Conference with Legal Counsel pursuant to Government Code Section 54956.9 -
Existing Litigation.
San Gabriel Valley Water and Power, LLC v. City of Chino Hills, et al.
San Bernardino Superior Court Case No: CIVDS 1904434
There were no public comments on the Closed Session item.
Chair Moss recessed the meeting into Closed Session at 6:05 p.m.
RECONVENE CITY COUNCIL MEETING
Chair Moss reconvened the meeting at 6:36 a.m. All members of the Tres Hermanos
Conservation Authority were present.
TRES HERMANOS CONSERVATION AUTHORITY
REGULAR BOARD OF DIRECTORS MEETING MINUTES
CITY OF INDUSTRY, CALIFORNIA
MAY 15, 2019
PAGE 4
Chair Moss reported out of Closed Session.
With regard to Closed Session items 7.1 and 7.2, there is no reportable action.
8. ADJOURNMENT
There being no further business, the Tres Hermanos Conservation Authority (THCA)
Regular Board of Directors meeting adjourned at 6:36 p.m.
CORY MOSS
CHAIR
JULIE ROBLES
AUTHORITY SECRETARY
TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 3.2
TRES HERMANOS CONSERVATION AUTHORITY AGENDA NO. 3.2
STAFF REPORT
Date: June 19, 2019
To: Chair and Board of Directors
From: Troy Helling, Executive Director
Subject: Treasurer's Report for the Month of April 2019
Recommendation:
That the Authority receive and file the Treasurer's Report for the month of April 2019.
Backaround/Analysis:
Pursuant to the Amended and Restated Tres Hermanos Conservation Authority Joint
Powers Agreement Section 5.3 Accounts, the Treasurer must verify and report in
writing, at least quarterly, the amount of money held for the Authority, the amount of
interest earnings, revenues, and expenditures since the last report.
Attached for your information is the Treasurer's Report for the month of April 2019.
Respectfully submitted,
/60� -,�4/
ristina Buhagiar
Treasurer
Attachments
Reviewed by,
Troy Helling
Executive Director
TRES HERMANOS CONSERVATION AUTHORITY
TREASURER'S REPORT
April 30, 2019
I. Funds Held by Authority:
Cash
Citizens Business Bank - Premium Money Market
Total Funds Held by Authority
II. Cash Flow Transactions:
Fund
General Fund
Cost
$ 225,590 $
$ 225,590 $
Market Interest
Value Rate
225,590 0.05%
225,590
Beginning Ending
Cash Balance Cash Cash Cash Balance
04/01/19 Receipts Disbursements 04/30/19
$ 170,531 $ 101,395 $ (46,337) $ 225,590
III. Certifications:
In accordance with the California Government Code, the Treasurer certifies that sufficient
liquidity is available to meet the Authority's anticipated expenditure requirements for the six
months ending October 31, 2019.
Christina Buhagiar
Treasurer
Tres Hermanos Conservation Authority
Statement of Revenues, Expenditures and Changes in Fund Balances
April 30, 2019
Fiscal Year
Fiscal Year
18119
17118
Revenues:
Investment interest
$
115
$ 139
Rental income
1,599
-
Contributions from member agencies
209,591
-
Reimbursements
411
Total Revenues
211,716
139
Expenditures:
Audit services
1,970
1,910
Legal services
30,224
-
Security services
22,352
-
Insurance
15,998
-
Pest Control
5,700
-
Utilities
2,119
-
Miscellaneous
150
-
Total Expenditures
78,513
1,910
Excess of revenues over (under) expenditures
$
133,203
$ (1,771)
Fund Balances:
Beginning of fiscal year
$
92,387
$ 94,158
Excess of revenues over (under) expenditures
133,203
(1,771)
End of fiscal year
$
225,590
$ 92,387
TRES HERMA NOS CONSERVATION AUTHORITY
ITEM NO. 3.3
TRES HERMANOS CONSERVATION AUTHORITY AGENDA NO. 3.3
STAFF REPORT
Date: June 19, 2019
To: Chair and Board of Directors
From: Troy Helling, Executive Director
Subject: Check Register
Recommendation:
That the Authority receive and file the check register for the month of May 2019.
Backciround/Analysis:
Pursuant to the Amended and Restated Tres Hermanos Conservation Authority Joint
Powers Agreement Section 5.2 Disbursements, the check register of the Authority should
be periodically reviewed by the Board. Attached for your review is the check register for
the month of May 2019.
Respectfully submitted,
Christina Buhagiar
Treasurer
Attachment
Reviewed by,
Troy- Helling
Executive Director
Tres Hermanos Conservation Authority JPA
Transaction List by Vendor
May 2019
Date Check # Vendor
05/06/2019
1034
Southern California Edison
05/14/2019
1035
SoCalGas
05/14/2019
1036
Southern California Edison
05/14/2019
1037
Industry Security Services, Inc.
05/14/2019
1038
City of Industry - Trash
05/22/2019
ACH
Citizen's Business Bank
05/24/2019
1039
Woodruff, Spradlin & Smart
05/24/2019
1040
Department of Water Resources
05/24/2019
1041
Industry Security Services, Inc.
05/24/2019
1042
City of Chino Hills - Water
Memo/Description Amount
Electricity usage - 03/25/19-03/28/19
$ (5.87)
Gas usage - April 2019
(67.36)
Electricity usage - April 2019
(109.91)
Security - Week ending 05/02/19
(5,442.40)
Trash services - May 2019
(158.76)
Service charge - Check order
(21.69)
General Legal -April 2019
(11,814.78)
Chino Ranch #1 Dam Fees - FY 2019-20
(6,084.00)
Security - Week ending 05/16/19
(4,374.24)
Water usage - 04/10/19 - 05/13/19
(232.32)
Total
$ (28,311.33)
TRES HERMA NOS CONSERVATION AUTHORITY
ITEM NO. 5.1
TRES HERMANOS CONSERVATION AUTHORITY AGENDA NO. 5.1
STAFF REPORT
Date: June 19, 2019
To: Chair and Board of Directors
From: Troy Helling, Executive Director
Subject: Official Bond for Fiscal Year 2019-20
Recommendation:
That the Authority approve the Government Crime Insurance Proposal from Alliant
as the official bond for Fiscal Year 2019-20 and authorize the Treasurer to execute
the Request to Bind Coverage and pay the annual premium of $1,500.
Backa rou nd/Analysis:
Pursuant to the Amended and Restated Tres Hermanos Conservation Authority Joint
Powers Agreement Section 3.13 Bond, the Treasurer, auditor and such other persons
who may have access to, or handle, any revenue of the Authority shall be required to
file an official bond in an amount determined by the Board and consistent with the
provisions of Section 6505.1 of the Government Code.
Staff recommends obtaining a Government Crime Policy with a $1,000,000 limit and
a $2,500 deductible. The cost for FY 2019-20 will be $1,500. The Authority's attorney
has determined that the proposed policy meets the requirements of Section 3.13
Bond. Attached for your information is the Government Crime Insurance Proposal.
Respectfully submitted,
yee�,�
Christina Buhagiar
Treasurer
Attachments
Reviewed by,
Troy! lellin._``
Executive Director
2019-2020
ALLIANT CRIME INSURANCE PROGRAM (ACIP)
Government Crime Insurance Proposal
Presented by:
Tom E. Corbett, Senior Vice President
Mariana C. Salyer, CISR, Program Specialist- Lead
Alliant Insurance Services, Inc.
1301 Dove Street, Suite 200
New port Beach, CA 92660
O 949 756 0271
F 619 699 0906
CA License No. OC36861
www.alliant.com
2019-2020 Alliant Crime Insurance Program
Government Crime Insurance Proposal
Tres Hermanos Conservation Authority
Named Insured / Additional Named Insureds
First Named Insured(s)
Tres Hermanos Conservation Authority
Additional Named Insured(s)
As per Application on file
NAMED INSURED DISCLOSURE
■ The first named insured is granted certain rights and responsibilities that do not apply to other policy named insureds and is designated to
act on behalf of all insureds for making policy changes, receiving correspondence, distributing claim proceeds, and making premium
payments.
■ Are ALL entities listed as named insureds? Coverage is not automatically afforded to all entities unless specifically named. Confirm
w ith your producer and service team that all entities to be protected are on the correct policy. Not all entities may be listed on all policies
based on coverage line.
■ Additional named insured is (1) A person or organization, other than the first named insured, identified as an insured in the policy
declarations or an addendum to the policy declarations. (2) A person or organization added to a policy after the policy is w ritten with the
status of named insured. This entity w ould have the same rights and responsibilities as an entity named as an insured in the policy
declarations (other than those rights and responsibilities reserved to the first named insured).
■ Applies to Professional Liability, Pollution Liability, Directors & Officers Liability, Employment Practices Liability, Fiduciary Liability policies
(this list not all inclusive). Checkyour Policy language for applicability. These policies provide protection to the Named Insured for claims
made against it alleging a covered w rongful act. Coverage is not afforded to any other entities (unless specifically added by endorsement
or if qualified as a "Subsidiary" pursuant to the policy w ording) affiliated by common individual insured ow nership or tow hich
indemnification is otherw isecontractually owed. if coverage is desired for affiliated entities or for contractual indemnities ow ed, please
contact your Alliant Service Team w ith a full list of entities forw hich coverage is requested. With each request, include complete financials
and ow nership information for submission to the carrier. It should be noted, that the underw riters acceptance of any proposed
amendments to the policy, including expansion of the scope of "Insureds" under the policy could result in a potential diminution of the
applicable limits of liability and/or an additional prernium charge.
Alliant Insurance Services, Inc. Iwww.alliant.com I CA License No. OC36861 Page 1
2019-2020 Alliant Crime Insurance Program
Government Crime Insurance Proposal
Tres Hermanos Conservation Authority
Line of Coverage
Government Crime Coverage
INSURANCE COMPANY:
A.M. BEST RATING:
STANDARD & POOR'S RATING:
STATE STATUS:
PROGRAM POLICY/COVERAGE TERM:
RETROACTIVE DATE:
COVERAGE:
LIMITS:
DEDUCTIBLE:
ANNUAL PREMIUM:
National Union Fire Insurance Company of Pittsburgh, PA (AIG)
A (Excellent); Financial Size Category: XV ($2 Billion or greater)
Verified on May 14, 2019
A+, Strong Financial Security Verified on May 14, 2019
Admitted
July 1, 2019 — July 1, 2020
Policy Inception
Government Crime Policy on Discovery form including the
following coverages:
• Employee Theft — Per Loss Coverage - including Faithful
Performance of Duty
• Forgery or Alteration - including Credit, Debit, or Charge Card
Forgery
• Inside the Premises — Theft of Money and Securities
• Inside the Premises — Robbery & Safe Burglary of Other
Property
• Outside the Premises - Money, Securities and Other Property
• Computer Fraud
• Funds Transfer Fraud
• Money Orders & Counterfeit Money
$1,000,000
$2,500
$1,500
Alliant Insurance Services, Inc. Iwww.alliant.com I CA License %. OC36861 Page 2
2019-2020 Alliant Crime Insurance Program
Government Crime Insurance Proposal
Tres Hermanos Conservation Authority
Line of Coverage
Government Crime Coverage - Continued
MINIMUM EARNED PREMIUM:
POLICY AUDITABLE:
DESIGNATED AGENTS AS ENDORSED
ENDORSEMENTS (including but not limited
to):
None
No
None Reported
If your entity has a written agreement in place with any person,
partnership or corporation to act as your Designated Agent and
needs to be included for coverage, please contact Alliant to
request approval.
• California Changes
• Additional Named Insured — Identifies individual member limit
and deductible
• Add Faithful Performance of Duty Coverage for Government
Employees — Employee Theft Per Loss Limit
• Revision of Discovery and Prior Theft or Dishonesty $25,000
Sub -Limit, Risk Management Department or other department
designated to handle insurance matters for the named
insured.
• Cancellation of Policy Amended —120 Days
• Bonded Employees Exclusion Deleted endorsement
• Add Credit, Debit or Charge Card Forgery
• Include Specified Non -Compensated Officers as Employees -
ALL
• Include Chairperson and Members of Specified Committees —
ALL
• Include Designated Persons or Classes of Persons as
Employees — Any Directors or Trustees of any of those named
as insured; Any board members of any of those named as
insured, Any elected or appointed officials
• Include Volunteer Workers as Employees
• Include Treasurers or Tax Collectors as Employees
• Include Expenses Incurred to Establish Amount of Covered
Loss - $75,000 Sub -limit
• Employee Post Termination Coverage — 90 Days
• Cancellation Amendatory (Return Pro -Rata)
• Include Leased Workers as Employees Endorsement
• Notice of Claim Reporting by Email
• Economic Sanctions (excludes loss payments in violation of
economic or trade sanctions)
Alliant Insurance Services, Inc. I www.alliant.com I CA License No. OC36861 Page 3
2019-2020 Alliant Crime Insurance Program
Government Crime Insurance Proposal
Tres Hermanos Conservation Authority
ENDORSEMENTS (including but not limited
to) Cont.:
EXCLUSIONS (Including but not limited
to):
PROPOSAL VALID UNTIL:
• Omnibus Named Insured
• Vendor Theft - $1,000,000 Limit excess of vendor insurance
policy required by contract. If vendor policy is not valid or
collectible, this Coverage not applicable if crime insurance is
not required in a written agreement
• Conditions Amended — Subrogation of Faithful Performance of
Duty Claims — With respect to losses resulting from the failure
of any employee to faithfully perform his or her duties as
prescribed by law, the company may subrogate only due to
actual fraud, corruption, actual malice, or where the employee
or a person or entity was unjustly enriched as a result of the
employees failure to faithfully perform his or her duties as
prescribed by law.
• Third Party Coverage — Loss of or damage to 'Client Property'
arising out of your indemnification of your 'Client' for any
dishonest or fraudulent act(s) committed by your employee but
only when and to the extent that you are liable for such
indemnification pursuant to the terms of the policy. — Sublimit
$250,000 with a $25,000 Deductible.
• Impersonation Fraud Endorsement —Sublimit $250,000 with
$25,000 Retention — Does not apply to any losses prior to
07/01/2015
• Blanket Joint Loss Payable- Where legally permissible
• Unauthorized disclosure of confidential information
• Governmental Action
• Indirect Loss
• Legal Fees and Expenses
• Nuclear Hazard
• Pollution
• War and Military Action
• Inventory Shortages
• Trading losses
• Accounting or Arithmetical Errors or Omissions
• Exchanges or Purchases
• Fire
• Money Operated Devices
• Motor Vehicles or Equipment and Accessories
• Transfer or Surrender or Property
• Vandalism
• Voluntary Parting of Title to Possession of Property
June 30, 2019
Alliant Insurance Services, Inc. Iwww.alliant.com I CA License No. OC36861 Page 4
2019-2020 Alliant Crime Insurance Program
Government Crime Insurance Proposal
Tres Hermanos Conservation Authority
CLAIMS REPORTING PROCEDURE:
SUBJECTIVITIES:
BROKER:
AIG
Financial Lines Claims
P.O. Box 25947
Shawnee Mission, KS 66225
Fax: 866-227-1750
Email: c-claim(cDaig.com
Please forward a copy of the loss to the following Alliant Claim
Advocates:
Alliant Insurance Services, Inc.
Attn: Robert Frey, Senior Vice President
100 Pine Street, 11th Floor
San Francisco, CA 94111
Phone: 415-403-1400
Fax: 415-403-1466
E -Mail: rfrey(a alliant.com
Alliant Insurance Services, Inc.
Attn: Elaine Tizon, Assistant Vice President
100 Pine Street, 11th Floor
San Francisco, CA 94111
Phone: 415-403-1400
Fax: 415-403-1458
E -Mail: etizon(c)alliant.com
• Signed and currently dated `Request to Bind" page.
• Payment to Alliant is due within 25 Days of Binding
ALLIANT INSURANCE SERVICES, INC.
Newport Beach, CA
Tom E. Corbett, Senior Vice President
Mariana C. Salyer, CISR, Program Specialist- Lead
See Disclaimer Page for Important Notices and Acknowledgement
Alliant Insurance Services, Inc. Iwww.alliant.com I CA License No. OC36861 Page 5
2019-2020 Alliant Crime Insurance Program
Government Crime Insurance Proposal
Tres Hermanos Conservation Authority
Disclosures
This proposal of insurance is provided as a matter of convenience and information only. All
information included in this proposal, including but not limited to personal and real property
values, locations, operations, products, data, automobile schedules, financial data and loss
experience, is based on facts and representations supplied to Alliant Insurance Services, Inc. by
you. This proposal does not reflect any independent study or investigation by Alliant Insurance
Services, Inc. or its agents and employees.
Please be advised that this proposal is also expressly conditioned on there being no material
change in the risk between the date of this proposal and the inception date of the proposed policy
(including the occurrence of any claim or notice of circumstances that may give rise to a claim
under any policy which the policy being proposed is a renewal or replacement). In the event of
such change of risk, the insurer may, at its sole discretion, modify, or withdraw this proposal,
whether or not this offer has already been accepted.
This proposal is not confirmation of insurance and does not add to, extend, amend, change, or
alter any coverage in any actual policy of insurance you may have. All existing policy terms,
conditions, exclusions, and limitations apply. For specific information regarding your insurance
coverage, please refer to the policy itself. Alliant Insurance Services, Inc. will not be liable for any
claims arising from or related to information included in or omitted from this proposal of
insurance.
Alliant embraces a policy of transparency with respect to its compensation from insurance transactions.
Details on our compensation policy, including the types of income that Alliant may earn on a placement,
are available on our website at www.alliant.com. For a copy of our policy or for any inquiries regarding
compensation issues pertaining to your account you may also contact us at: Alliant Insurance Services,
Inc., Attention: General Counsel, 701 B Street, 6th Floor, San Diego, CA 92101.
Analyzing insurers' over-all performance and financial strength is a task that requires specialized skills and
in-depth technical understanding of all aspects of insurance company finances and operations. Insurance
brokerages such as Alliant Insurance typically rely upon rating agencies for this type of market analysis.
Both A.M. Best and Standard and Poor's have been industry leaders in this area for many decades,
utilizing a combination of quantitative and qualitative analysis of the information available in formulating
their ratings.
A.M. Best has an extensive database of nearly 6,000 Life/Health, Property Casualty and International
companies. You can visit them at www.ambest.com. For additional information regarding insurer financial
strength ratings visit Standard and Poor's website at www.standardandpoors.com.
Our goal is to procure insurance for you with underwriters possessing the financial strength to perform.
Alliant does not, however, guarantee the solvency of any underwriters with which insurance or reinsurance
is placed and maintains no responsibility for any loss or damage arising from the financial failure or
insolvency of any insurer. We encourage you to review the publicly available information collected to
enable you to make an informed decision to accept or reject a particular underwriter. To learn more about
companies doing business in your state, visit the Department of Insurance website for that state.
Alliant Insurance Services, Inc. Iwww.alliant.com I CA License No. OC36861 Page 6
2019-2020 Alliant Crime Insurance Program
Government Crime Insurance Proposal
Tres Hermanos Conservation Authority
NY Regulation 194
Alliant Insurance Services, Inc. is an insurance producer licensed by the State of New York. Insurance producers are
authorized by their license to confer with insurance purchasers about the benefits, terms and conditions of insurance
contracts; to offer advice concerning the substantive benefits of particular insurance contracts; to sell insurance; and to
obtain insurance for purchasers. The role of the producer in any particular transaction typically involves one or more of
these activities.
Compensation will be paid to the producer, based on the insurance contract the producer sells. Depending on the
insurer(s) and insurance contract(s) the purchaser selects, compensation will be paid by the insurer(s) selling the
insurance contract or by another third party. Such compensation may vary depending on a number of factors, including
the insurance contract(s) and the insurer(s) the purchaser selects. In some cases, other factors such as the volume of
business a producer provides to an insurer or the profitability of insurance contracts a producer provides to an insurer also
may affect compensation.
The insurance purchaser may obtain information about compensation expected to be received by the producer based in
whole or in part on the sale of insurance to the purchaser, and (if applicable) compensation expected to be received
based in whole or in part on any alternative quotes presented to the purchaser by the producer, by requesting such
information from the producer.
Other Disclosures / Disclaimers
FATCA:
The Foreign Account Tax Compliance Act (FATCA) requires the notification of certain financial accounts to the United
States Internal Revenue Service. Alliant does not provide tax advice so please contact your tax consultant for your
obligation regarding FATCA.
Claims Reporting:
Your policy will come with specific claim reporting requirements. Please make sure you understand these obligations.
Contact your Alliant Service Team with any questions.
Certificates / Evidence of Insurance
A certificate is issued as a matter of information only and confers no rights upon the certificate holder. The certificate
does not affirmatively or negatively amend, extend or alter the coverage afforded by a policy. Nor does it constitute a
contract between the issuing insurer(s), authorized representative, producer or certificate holder.
You may have signed contracts, leases or other agreements requiring you to provide this evidence. In those agreements,
you may assume obligations and/or liability for others (Indemnification, Hold Harmless) and some of the obligations that
are not covered by insurance. We recommend that you and your legal counsel review these documents.
Alliant Insurance Services, Inc. Iwww.alliant.com I CA License No. OC36861 Page 7
2019-2020 Alliant Crime Insurance Program
Government Crime Insurance Proposal
Tres Hermanos Conservation Authority
Other Disclosures / Disclaimers - Continued
In addition to providing a certificate of insurance, you may be required to name your client or customer on your policy as
an additional insured. This is only possible with permission of the insurance company, added by endorsement and, in
some cases, an additional premium.
By naming the certificate holder as additional insured, there are consequences to your risks and insurance policy
including:
• Your policy limits are now shared with other entities; their claims involvement may reduce or exhaust your
aggregate limit.
• Your policy may provide higher limits than required by contract; your full limits can be exposed to the additional
insured.
• There may be conflicts in defense when your insurer has to defend both you and the additional insured.
See Request to Bind Coverage page for acknowledgment of all disclaimers and disclosures
Alliant Insurance Services, Inc. Iwww.alliant.com I CA License No. OC36861 Page 8
2019-2020 Alliant Crime Insurance Program
Government Crime Insurance Proposal
Tres Hermanos Conservation Authority
Request to Bind Coverage
Tres Hermanos Conservation Authority
We have reviewed the proposal and agree to the terms and conditions of the coverages presented. We are
requesting coverage to be bound as outlined by coverage line below:
ACIP Government Crime Program Policy
Period: July 1, 2019- July 1, 2020
❑ $1,000,000 LIMIT $2,500 DEDUCTIBLE I $ 1,500
This Authorization to Bind Coverage also acknowledges receipt and review of all disclaimers and disclosures, including
exposures used to develop insurance terms, contained within this proposal.
Signature of Authorized Insurance Representative
Title
Printed /Typed Name
Date
This proposal does not constitute a binder of insurance. Sinding is subject to final carrier approval. The
actual terms and conditions of the policy will prevail.
Alliant Insurance Services, Inc. I www.alliant.com I CA License No. OC36861 Page 9
TRES HERMANOS CONSERVATION AUTHORITY
ITEM NO. 5.2
TRES HERMANOS CONSERVATION AUTHORITY AGENDA NO. 5.2
STAFF REPORT
Date: June 19, 2019
To: Chair and Board of Directors
From: Troy Helling, Executive Director
Subject: Consideration of a Consultant Services Agreement with Mead &
Hunt, Inc., for Dam Inundation Mapping and Emergency Action
Planning services at Chino Ranch #1 Dam, No. 2025.000, in the
amount of $18,000
Recommendation:
It is recommended that the Authority approve the Consultant Services Agreement with
Mead & Hunt, Inc. in the amount of $18,000.
Background/Discussion:
The City of Industry initially acquired the property known as Tres Hermanos in 1978 and
transferred the property to the Industry Urban -Development Agency ("IUDA") on
November 8, 1978. The property includes the Chino Ranch #1 Dam, Division of Dam
Safety ("DODS") No. 2025.000, which created Arnold Reservoir. The IUDA acquired a
license for diversion and use of water, Division of Water Resources ("DWR") License No.
12393 and grants the IUDA to use the water (125 Acer-feet/year) for the purpose of stock
watering, recreational, fire protection, and fish and wildlife preservation and
enhancement.
The state enacted legislation, effective July 1, 2017, in response to the February 2017
Oroville Dam spillway disaster. This act requires dam owners to prepare Inundation Maps
and Emergency Action Plans ("EAP") in the event of an uncontrolled release from the
dam. The City of Industry received a letter from the DWR, dated July 14, 2017, indicating
the Chino Ranch #1 Dam meets the 'Significant' hazard classification. Based on this
classification, Inundation Maps must be prepared and approved by DWR prior to submittal
of the EAP. The EAP, including the approved Inundation Maps, must be completed and
submitted to the California Office of Emergency Services ("Cal-OES") by January 1, 2021.
With the dissolvement of the IUDA, the property was transferred to the Successor Agency
to the Industry Urban -Development Agency. In early 2019, the cities of Industry, Diamond
Bar and Chino Hills formed a Joint Powers Authority ("JPA") to purchase the property
from the Successor Agency. The JPA established the Tres Hermanos Conservation
Authority ("THCA") in March of 2019 to oversee the preservation of the property, including
maintaining water rights to Arnold Reservoir. The THCA will need to be the lead agency
overseeing the development of the Inundation Maps and EAP.
Mead & Hunt will be responsible for the preparation and submittal to the appropriate
regulatory agencies. The EAP preparation will require coordination with jurisdictions and
other agencies and entities located downstream from the reservoir. Mead & Hunt will
identify these entities for inclusion in the EAP.
Staff seeks and recommends approval by the Authority to enter into agreement with Mead
& Hunt, Inc., for Dam Inundation Mapping and Emergency Action Planning services at
Chino Ranch #1 Dam, No. 2025.000.
Fiscal Impact:
On June 13, 2019, the City of Industry City Council authorized funding in the amount of
$18,000 for this study only, but not future studies. If the Tres Hermanos Conservation
Authority authorizes execution of the agreement, then the full cost of this first study only
would be funded by the City of Industry.
Exhibit:
A. Consultant Services Agreement with Mead & Hunt, Inc. dated June 19, 2019
TH:jv
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of June 19, 2019 by and
between the Tres Hermanos Conservation Authority, a joint powers agency ("THCA"),
and Mead & Hunt, Inc., a California corporation ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall
provide to the reasonable satisfaction of the THCA the professional engineering
services set forth in the attached Exhibit "A", which is incorporated herein by this
reference. As a material inducement to the THCA to enter into this Agreement,
Consultant represents and warrants that it has thoroughly investigated the work and
fully understands the difficulties and restrictions in performing the work. Consultant
represents that it is fully qualified to perform such consulting services by virtue of its
experience and the training, education and expertise of its principals and employees.
James Cramsie, PE (herein referred to as the "THCA's Project Manager"), shall
be the person to whom the Consultant will report for the performance of services
hereunder. It is understood that Consultant shall coordinate its services hereunder with
the THCA's Project Manager to the extent required by the THCA's Project Manager,
and that all performances required hereunder by Consultant shall be performed with the
ordinary degree of skill and care that would be used by other reasonably competent
practitioners of the same discipline under similar circumstances at the same time and in
the same or similar locality.
2. Term of Agreement. This Agreement shall take effect June 19, 2019,
and shall continue until June 19, 2022, unless earlier terminated pursuant to the
provisions herein.
3. Compensation. THCA agrees to compensate Consultant monthly, for
each service which Consultant performs to the satisfaction of THCA in accordance with
the payment rates and terms and the schedule of payment as set forth in Exhibit A,
attached hereto and incorporated herein by this reference as though set forth in full,
based upon actual time spent on the above tasks. Payment will be made only after
submission of proper invoices in the form specified by THCA. Total payment to
Consultant pursuant to this Agreement shall not exceed Eighteen Thousand Dollars
($18,000.00) for the total Term of the Agreement unless additional payment is approved
as provided in this Agreement.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to THCA an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
1 Professional Services - Mead & Hunt
1417314.1
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
C. THCA will pay Consultant -the amount properly invoiced within 35 days of
receipt, but may withhold 30% of any invoice until all work is completed, which sum
shall be paid within 35 days of completion of the work and receipt of all deliverables.
D. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in
the scope or complexity of work, or for any other reason, shall be made unless and until
such extra services and a price therefore have been previously authorized in writing and
approved by the THCA as an amendment to this Agreement. The amendment shall set
forth the changes of work, extension of time, if any, and adjustment of the fee to be paid
by THCA to Consultant.
6. Priority of Documents. In the event of any inconsistency between the
provisions of this Agreement and any attached exhibits, the provisions of this
Agreement shall control.
7. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to THCA, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of THCA or otherwise act on behalf of THCA as an agent. Neither
THCA nor any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of THCA.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold THCA harmless from any
and all taxes, assessments, penalties, and interest asserted against THCA by reason of
the independent contractor relationship created by this Agreement. In the event that
THCA is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between THCA and Consultant, then Consultant
agrees to reimburse THCA for all costs, including accounting and attorney's fees,
arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold THCA harmless from any failure of Consultant to comply with
applicable Worker's Compensation laws.
2 Professional Services - Mead & Hunt
1417314.1
D. Consultant shall, at Consultant's cost and expense fully secure and
comply with all federal, state and local governmental permit or licensing requirements.
E. In addition to any other remedies it may have, THCA shall have the
right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to THCA from Consultant as a result of Consultant's failure to promptly
pay to THCA any reimbursement or indemnification required by this Agreement or for
any amount or penalty levied against the THCA for Consultant's failure to comply with
this Section.
8. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions and represents that it and any subcontractors it may engage, possess
any and all licenses which are required to perform the work contemplated by this
Agreement and shall maintain all appropriate licenses during the performance of the
work.
9. Indemnification. To the maximum extent permitted by Civil Code section
2782.8, Consultant shall indemnify and hold harmless THCA, its officers, officials, and
employees ("Indemnitees") from and against liability, loss, direct damage, expense,
reasonable attorney fees of every nature arising out of or in connection with:
(1) Claims under Worker's Compensation acts and other employee benefit acts
with respect to Consultant's employees or Consultant's contractors;
(2) Claims arising out of Consultant's performance of work hereunder or its
failure to comply with any of its obligations contained in this Agreement. Should THCA
in its discretion find Consultant's legal counsel unacceptable, then Consultant shall
reimburse the THCA its costs of defense, including reasonable attorneys' fees, expert
fees and all other costs and fees of litigation. The Consultant shall promptly pay any
final judgment rendered against the Indemnitees. Except for the Indemnitees, this
Agreement shall not be construed to extend to any third party indemnification rights of
any kind; and
(3) Claims for loss, injury to or death of persons or damage to property caused
by the negligent professional act or omission in the performance of professional
services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the
THCA shall survive termination of this Agreement.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the THCA the following insurance:
3 Professional Services - Mead & Hunt
1417314.1
(1) a policy or policies of broad -form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non -owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000-00;
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater; and
(5) Professional liability insurance covering errors and omissions arising
out of the performance of this Agreement with a combined single limit of $1,000,000. If
such insurance is on a claims made basis, Consultant agrees to keep such insurance in
full force and effect for at least five years after termination or date of completion of this
Agreement.
B. The THCA, its officers, employees, shall be named as additional insureds
on the policies as to comprehensive general liability, property damage, and automotive
liability. The policies as to comprehensive general liability, property damage, and
automobile liability shall provide that they are primary, and that any insurance
maintained by the THCA shall be excess insurance only
C. All insurance policies shall provide that the insurance coverage shall not
be non -renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving THCA ten (10) day's prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage and in the event of any of
the same by the insurer to immediately notify the THCA.
D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and except for professional liability insurance, shall be
issued by an insurance company which is authorized to do business in the State of
California or which is approved in writing by the THCA; and shall be placed have a
current A.M. Best's rating of no less than A-, VII. In the case of professional liability
insurance, such coverage shall be issued by companies either licensed or admitted to
conduct business in the State of California so long as such insurers possesses the
aforementioned Best's rating.
E. Consultant shall submit to THCA (1) insurance certificates indicating
compliance with the minimum insurance requirements above, and (2) insurance policy
4 Professional Services - Mead & Hunt
1417314.1
endorsements or a copy of the insurance policy evidencing the additional insured
requirements in this Agreement, in a form acceptable to the THCA.
F. Self -Insured Retention/Deductibles. All policies required by this
Agreement shall allow THCA, as additional insured, to satisfy the self-insured retention
("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the THCA. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should THCA pay the
SIR or deductible on Consultant's due to such failure in order to secure defense and
indemnification as an additional insured under the policy, THCA may include such
amounts as damages in any action against Consultant for breach of this Agreement in
addition to any other damages incurred by THCA due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance
required under this Agreement in full force and effect, THCA may take out the
necessary insurance and any premiums paid, plus 10% administrative overhead, shall
be paid by Consultant, which amounts may be deducted from any payments due
Consultant.
I. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor
to the THCA for review and approval. All insurance for subcontractors shall be subject
to all of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access
to confidential data of THCA, private individuals, or employees of the THCA. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
THCA. THCA shall grant such authorization if disclosure is required by law. All THCA
data shall be returned to THCA upon the termination of this Agreement. Consultant's
covenant under this section shall survive the termination of this Agreement.
Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary
nature specifically for and in connection with certain projects, the THCA shall not,
except with Consultant's prior written consent, use the same for other unrelated
projects.
12. Ownership of Materials. Except as specifically provided in this
Agreement, all materials provided by Consultant in the performance of this Agreement
shall be and remain the property of THCA without restriction or limitation upon its use or
5 Professional Services - Mead & Hunt
1417314.1
dissemination by THCA. Consultant may, however, make and retain such copies of
said documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the "records") pertaining to the costs of and completion of
services performed under this Agreement. The THCA and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the THCA, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to
THCA as a result of the performance of this Agreement. Consultant's covenant under
this section shall survive the termination of this Agreement.
15. Termination. The THCA may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the
event of such termination, THCA agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The THCA shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under it supervision, and all personnel engaged in the work shall be
qualified to perform such services. Except as otherwise authorized by the THCA's
Project Manager, Nancy Moricz, PE shall be the person who primarily performs the
6 Professional Services - Mead & Hunt
1417314.1
work provided under this Agreement. Except as provided in this Agreement, Consultant
reserves the right to determine the assignment of its own employees to the performance
of Consultant's services under this Agreement, but THCA reserves the right in its sole
discretion to require Consultant to exclude any employee from performing services on
THCA's premises.
17. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of THCA relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the THCA to proceed and to
diligently prosecute completion as required by the Department of Water Resources
(DWR) and California Office of Emergency Services (Cal OES) from such date or as
may otherwise be agreed to in writing by and between the Project Manager and the
Consultant.
19. Time Is of the Essence. The Consultant recognizes the importance of
the services under this agreement be performed in a timely and professional manner in
the accordance with agreed upon schedule
20. Delays and Extensions of Time. Consultant's remedy for delays outside
its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of THCA. Any extensions granted shall be limited to
the length of the delay outside Consultant's control. If Consultant believes that delays
caused by the THCA will cause it to incur additional costs, it must specify, in writing,
why the delay has caused additional costs to be incurred and the exact amount of such
cost within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
7 Professional Services - Mead & Hunt
1417314.1
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the THCA or due to some other cause.
21. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of THCA, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
22. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by THCA of any payment to Consultant constitute or be construed as a
waiver by THCA of any breach of covenant, or any default which may then exist on the
part of Consultant, and the making of any such payment by THCA shall in no way impair
or prejudice any right or remedy available to THCA with regard to such breach or
default.
24. Reserved.
25. Reserved.
26. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
"CONSULTANT"
Mead & Hunt, Inc.
180 Promenade Circle, Suite 240
Sacramento, CA 95834
Attn.: Nancy Moricz
Phone: (916) 971-3961
E -Mail: nancy.moricz@meadhunt.com
"THCA"
Tres Hermanos Conservation Authority
15651 E. Stafford Street
City of Industry, CA 91744
Attn.: Troy Helling, Executive Director
Phone: (626) 333-2211
E-mail: thelling@cityofindustry.org
27. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
8 Professional Services - Mead & Hunt
1417314.1
28. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
29. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement
between Consultant and THCA. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writing signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the THCA will only
be valid if signed by a person duly authorized to do so under the THCA's Purchasing
Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement
as of the date first written above.
"Consultant"
Mead & Hunt, Inc.
Bv:
Printed Name:
Title:
By:
Printed Name:
Title:
Approved as to form:
la
David DeBerry, General Counsel
"THCA"
TRES HERMANOS CONSERVATION
AUTHORITY
Cory Moss, Board Chair
ATTEST:
Julie Gutierrez -Robles, Board Secretary
*NOTE: If Consultant is a corporation, the THCA requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant
Treasurer. If only one corporate officer exists or one corporate officer holds more than
one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to
the execution of the Agreement, must be provided to the THCA.
9 Professional Services - Mead & Hunt
1417314.1
10 Professional Services - Mead & Hunt
1417314.1
EXHIBIT A
Consultant Services Agreement with Mead & Hunt, Inc. dated June 19, 2019
[Attached]
EXHIBIT A
SCOPE OF SERVICES
All services described hereunder will be performed in accordance with the requirements in
California Water Code Sections 6160 and 6161 and California Government Code Section
8589.5 (all effective June 27, 2017), California Code of Regulations, Title 23 Section 335
et seq (DWR Inundation Mapping Regulations), and the California Governor's Office of
Emergency Services (Cal OES) requirements for EAPs.
After receipt of authorization to proceed, Mead & Hunt shall:
TASK 1— HYDRAULIC ANALYSIS, MAPPING, AND REPORTING
Mead & Hunt will request information from the THCA needed to complete the work. Mead
& Hunt will review available drawings, maps, terrain data, project information, and state
standards for deliverables.
Mead & Hunt will develop a hydraulic model to simulate failure of Chino Ranch #1 Dam in
accordance with DWR Inundation Mapping Regulations. Inundation area boundaries and
flood data will be produced using a two-dimensional, unsteady flow HEC -RAS hydraulic
model. Hydrologic assumptions and model boundary conditions will be developed to
represent a sunny day scenario. The failure scenario(s) will utilize breach parameters as
described in FEMA P-946.
Mead & Hunt will use the best available elevation data for the hydraulic model and
inundation mapping. Manning's n roughness coefficient values will be developed using
the National Land Cover Dataset (NLCD) grid data and refined as needed to represent
site-specific conditions. Hydraulic structures will be added to the 2D model where bridges,
culverts or other hydraulic structures are expected to significantly alter the inundation
area.
The geographic extent of the hydraulic model simulation is assumed to terminate in
accordance with FEMA P-946 at or above Brea Dam, on Brea Creek near Fullerton, CA.
The extent of the mapped inundation area may terminate in accordance with the DWR
Inundation Mapping Regulations upstream of this location.
A sequential dam failure scenario is required for an upstream dam system that causes the
failure of one or more downstream dam systems. There are no known downstream dams
that would be affected by a failure of Chino Ranch #1 Dam, so no sequential dam failure
will be analyzed.
Mead & Hunt will develop inundation maps for the modeled sunny day failure scenario.
Each map will plot contours showing flood wave arrival times, a classified raster showing
maximum depth, and labeled points with peak velocities. The maps will be produced for a
11 "x17" page size at a scale of 1:12,000
(1 inch = 1,000 feet).
Mead & Hunt will write a technical memorandum describing the methodology and
assumptions of the study. The maps and technical memorandum will include a
California -licensed professional civil engineer's seal, license number, and signature.
The draft maps and technical memorandum will be electronically submitted to the THCA
for review. After receiving comments from the THCA, the maps and technical
memorandum will be revised and submitted to DWR Division of Safety of Dams
(DSOD), including a hard copy and electronic versions. Digital files of the model results
will also be submitted to DSOD, as required in the DWR Inundation Mapping
Regulations, to include a vector file of the inundation area boundary and raster files of
the flood wave arrival time, maximum depth and peak velocity.
After receiving comments from DSOD, Mead & Hunt will revise the maps, technical
memorandum, and digital files and resubmit for DSOD approval, if necessary. Mead &
Hunt will electronically submit the final DSOD-approved maps, technical memorandum,
and digital files to the THCA.
Task 1 Deliverables:
• Draft inundation maps and technical memorandum, to the THCA (in Adobe
Portable Document Format (PDF) and MS Word)
• Draft inundation maps and technical memorandum, to DSOD (hard copy and PDF)
• Draft digital files, to DSOD (electronic files)
• Final DSOD-approved inundation maps, technical memorandum, and digital
files, to the THCA (PDF and electronic files)
TASK 2 — EMERGENCY A C TION PLAN
Mead & Hunt will provide a draft EAP with minimal information pre -populated, such as a
project description, dam name and number, and customization of some tables based on
the type of dam. Significant portions of the EAP will be incomplete and will need to be
finished by the THCA based on project -specific, location -specific, and organization -
specific information. Mead & Hunt will revise the draft EAP based on information and
comments provided by the THCA. Mead & Hunt will check for consistency,
completeness, and formatting. Mead & Hunt will coordinate with local public safety
agencies for their review and comments. Mead & Hunt will submit the EAP to Cal OES
for review. Mead & Hunt will address comments received from Cal OES and may rely on
the THCA to provide additional information as needed. Mead & Hunt will re -submit for
Cal OES approval, if necessary.
Task 2 Deliverables:
• Draft, Revised, and Final EAP, to the THCA (PDF and MS Word) and Revised
and Final EAP, with DSOD-approved inundation maps, to Cal OES (hard copy
and PDF)
Responsibilities of the THCA
Our Scope of Services and Compensation are based on the THCA performing or
providing the following, in addition to the respective responsibilities outlined in Task 2
above:
• A designated representative with complete authority to transmit instructions and
information, receive information, interpret policy, and define decisions
• Available data, drawings, and information related to the project
• Protection of Mead & Hunt -supplied digital information or data, if any, from
contamination, misuse, or changes.
Work Not Included in the Scope of Services
The following items are excluded from this agreement and will be provided by the THCA
or provided by Mead & Hunt as an Additional Service only as authorized by the THCA:
• Request from downstream dam owner(s) and deliver to Mead & Hunt any available
and relevant information related to downstream dam(s) which may be subject to
sequential failure. Information to be requested may include drawings, spillway
discharge rating curve, reservoir storage curve, and other information that may be
necessary to complete the Scope of Services.
• Production or distribution of the EAP to plan holders.
• Topographic survey or site visits.
• EAP notification exercise with local public safety agencies required annually in
accordance with California Government Code Section 8589.5 (effective June
27, 2017).
Project Schedule
• Mead & Hunt shall submit the draft EAP, inundation maps and technical
memorandum (PDF) to the THCA within ten months of receiving authorization to
proceed.
• Mead & Hunt shall submit revised draft and final deliverables to the THCA, DSOD,
and (optionally) Cal OES within one month of receiving comments or approval
from the THCA, DSOD, or Cal OES.
Compensation
The work described under this scope of work be performed for Tasks 1 and 2, as
outlined by task in Table 1, below. Total Compensation shall be paid in accordance with
the payment rates of Task 1.
Table 1: Cost Breakdown by Task and Option
Project
Engineer
$197/hr
Engineer III
$160/hr
Engineer II
$143/hr
Engineer I
$125/hr
Totals
Task 1 4 hrs
24 hrs
60 hrs
88 hrs
$788
$3,840
$7,500
$12,128
Task 2 12 hrs
4 hrs
20 hrs
36 hrs
$2,364
$640
$2,860
$5,864
Totals $3,152
$4,480
$2,860
$7,500
$17,992