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Agenda Packets - Board - 2012-03-22Costa Mesa Sanitary (District . an Independent Specia(Distfict AGENDA Robert 0otert President James Ferryman Vice President ames Fitzpatrick Assistarit Secretary Michael Scheafler Secrelai"y Arthur Perry D4,ectol Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to the Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non-agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non-agenda items except under special circumstances, Speakers must limit their remarks to three minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. Obtaining Agenda Materials: The public is entitled to copies of ail documents that are made part of the agenda packet. If any document or other writing pertaining to an agenda item is distributed to all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained at the District offices at 628 W. 191h Street, Costa Mesa, California, The Clerk of the District may be contacted at (949) 645-8400, ext. 223. In Compliance with ADA: Contact Joan Revak, (949) 645-8400, 48 hours prior to meeting if assistance is needed (28 CFR 35,102.35,104 ADA Title li). Regular Mr eefingr - 11111vursday, Ma,rch, 22, 2�01.2 I. CALL TO ORDER — 5:30 p. i,n. — 628 W. 191"' Street, Costa Mesa 11. PLEDGE OF ALLEGIANCE — President Ooten Ill. INVOCATION — Director Scheafer IV. ROLL CALL (if absences occur, consider whether to deem those absences excused based on facts presented for the absence — such determination shall be the permission required by law.) V. Ceremonial Matters and Presentations Awards for Environmental Excellence: CR&R. Citation of Merit: Costa Mesa Police Department, Corporal Julian Trevino CMSD Code Enforcement Officer, Isidro Gallardo ftoterting our community's heat h 6� providing solidivaste and'sewer coffection seroices. www. cmsdca.gov , Asta.Mesa S✓mitaq D-ist-riet AGENDA March 22, 2012 Page 2 1;31:101• 1� I &I gg 1111.1 BI r�IJLOIZM V1. Announcement of Late Communications NOTE: Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. VII. Resolution No. 2012-810 Appointing the General Manager as the District Clerk and Approve Specifying Certain Other Duties for the Executive Assistant/Deputy District Clerk Vill. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted in one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes on the motion, unless members of the Board request specific items to be removed from the Consent Calendar for discussion, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Reports A. M'inute Approval 1. Sewer System Committee Meeting — February 14, 2012 2. Recycling Committee Meeting — February 20, 2012 3. Regular Board of Directors Meeting — February 23, 2012 MIIWMEZ�� 4. Occupancy Report and payment to Costa Mesa Disposal — March 2012 Approve 5. Contract Payment to CR Transfer for Recycling Services & Disposal Ratify Payment for February 2012 6. Adoption of Warrant Resolution No. CMSD 2012-9 Ratifying Payment Ratify Payments for the Month of February 2012 in the amount of $692,461.96 7. Directors' Compensation and Reimbursement of Expenses for the Approve Compensation Month of February 2012 & Ratify Expenses Resolutions C. Resolution No. 2012-811 Ordering that Ordinance No 89 has been published providing authority for the recovery of abatement costs made necessary Approve by violations of the District's ordinances. ftotecting our community's heafth and the environment 6y providing sohdwaste and'sewer confection services, vww. cnudca.gov -itaq Distriet C. o s t a M a an AGENDA March 22, 2012 Page, 3 I V 9-OUS 11:0101 Ix. PUBLIC COMMENTS X. GENERAL MANAGER'S REPORTS A. Administration Reorganization Consider B. RTA First Amendment Consider C. Approve Contract Administration and Inspections for Project #171 Consider D. Reschedule April 26, 2012 Board of Directors Meeting Consider a. Brief History of CMSD Discussion b. CR&R Existing Contract Discussion c. 2012 Solid Waste Rate Survey Discussion d. Franchise Fee Discussion e. Proposed Rate Stabilization Plan Discussion & Direction f. CR&R Anaerobic (Digestive System and Proposed Contract Extension Discussion & Direction X1. RECYCLING COMMITTEE A. Monday, March 19, 2012, 10:30 a.m. (Directors Fitzpatrick and Director Perry) Note: The Recycling Committee will meet on the above date and time to discuss the matters on a separate agenda which is posted and made a part of this agenda. Members of the public should refer to that separate agenda for the items discussed and to be discussed. The Board may take action on any of those items on this agenda. Other Board members may attend but only as observers. X11. ENGINEER'S REPORTS A. Project Status Report B. CMSD Project #171- Irvine Force Main Rehabilitation Project Bid Opening and Award of Construction Contract C. Newport Banning Ranch Development — Sewer Service Provider XIII. SEWER SYSTEM COMMITTEE A. Tuesday, March 13, 2012, 10:30 a.m. CMSD Board Room, 628 W. 119t�Street, Costa Mesa (President Ooten and Director Perry) Receive & File Approve Contract Discussion & Direction Accept Report ftotecting our community's health andthe environment 6y providing so rd andsewercoffection semices, www. ansdca.gov Costa Mesa San-itaq District AGENDA March 22, 2012 Page, 4 RECOMMENDED ACTION Note: The Sewer System Committee will meet on the above date and time to discuss the matters on a separate agenda which is posted and made a part of this agenda. Members of the public should refer to that separate agenda for the items discussed and to be discussed. The Board may take action on any of those items on this agenda. Other Board members may attend but only as observer XIV. TREASURER'S REPORTS A. Review of February 2012 Investment Report Accept Report XVI. LOCAL MEETINGS Reminder: In accordance with AB 1234 (Gov. Code 53232.5), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per them compensation is sought, the Operations Code provides that such compensation is authorized for each day's service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation.) A. Orange County Sanitation District (OCSD) Accept Report (Director Ferryman) B. Santa Ana River Flood Protection Agency (SARFPA) Accept Report (Director Perry) C. Independent Special Districts of Orange County (ISDOC) Accept Report D. California Special Districts Association (CSDA) E. California Association of Sanitation Agencies (CASA) F. Other Meetings Qualifying for Reimbursement under CIVISID Report on Matters Ordinance No. 55, Operations Code Section 3.01.030 Pertaining to CMSD ftatecting our communit �'s heafth and the environment 6y providing sofidwaste andsewer colTection services. www.crnsdca.gov Costa Mesa Sanitaq District AGENDA A, Discussion to Waive Director Compensation until Quo Warranto Legal Costs are Recovered, Effective April 1, 2012 1. Compensation Waiver for Entire Board 2. Compensation Waiver for Individual Board Members B. Reconsider Board Officers and Committee Assignments XIX. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS EyFolk-SIM14 Ii, T11 Fgiffl March 22, 2012 Page 5 • "1 10 10161L Consider Consider ftotedinR our community Is heafthand the environment 6y providing sorid waste andsewercoffection services, unv-w. cmsdca.gov To: The Board of Directors From: Alan Burns, District Counsel Date: March 22, 2012 Subject: Adopt a Resolution Providing for District Clerk Duties The recent retirement of the District Clerk has created a need to appoint a person to take over those responsibilities. Those include posting notices, agenda preparation, and the responsibility for retaining District records as well as signing various official documents. The proposed resolution would assign the title to the General Manager while delegating most of the duties to the "Deputy District Clerk" who will be the new Executive Assistant. Staff Recommendation It is recommended that you adopt the proposed resolution establishing the General Manager as the District Clerk and establishing the Executive Assistant as the Deputy District Clerk. Analysis The District Clerk performed a variety of duties. By state law, she was required to file the annual charges with the Auditor for the tax roll. By ordinance, she was authorized to perform many of the duties normally associated with a city clerk. These would include preparing agendas, posting notices, and signing documents. The resolution provides that these duties have been distributed to the General Manager and to the new position of Executive Assistant. The job duties for that position are attached. The General Manager would be appointed the District Clerk, and the Executive Assistant would be the Deputy District Clerk. A deputy possesses the same authority as the officer, so each would be fully qualified to perform any legal duties required. In actuality, the Deputy District Clerk would be primarily responsible for performing the tasks, but the District would have two persons who could perform the role in case one person was sick, on vacation, or otherwise absent. 4-1rolecting our community's health sand the environment by providing solid andsewer coffection services. wwwc-nisdca,gov Board of Directors March 22, 2012 Page 2 of 2 Strategic Plan Element and Goal The Strategic Plan will be implemented by this action which will help the District meet its goals of ensuring a succession plan (6.5) and an organizational structure that is efficient in terms of flow and function (6.7). =t District Counsel has reviewed the legal requirements for the District Clerk position and duties and has prepared this agenda item with input from staff, Financial Review More information about the Executive Assistant/Deputy Clerk position will be presented in the General Manager's Reports. However, the new position is a savings of approximately $60,000 in salaries and benefits from the District Clerk position. Committee Recommendation Not applicable. Public Notice Process This proposed action has been noticed with standard regular meeting notice procedures. Alternative Actions 1 Keep the duties as is and hire a new District Clerk. This is not recommended as the salary range for District Clerk might be analogous to a city clerk but the duties of the District Clerk are less. This alternative is also not recommended because it does not provide a backup in case of unavailability. 2. Arrange these duties in another way. This is also not recommended since the proposed resolution takes advantage of other needed employees but has the advantage of providing a backup feature. WHEREAS, state law and the District Operations Code had established that certain duties be performed by the District Clerk; and WHEREAS, the Board of Directors of the Costa Mesa Sanitary District had appointed Joan Revak to be the District Clerk but she has now retired requiring those duties be performed by other persons; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby RESOLVE as follows: 1 General Manager as District Clerk. That the General Manager, Scott Carroll, is hereby appointed District Clerk in addition to his duties as General Manager and is authorized to execute any documents and certify official records of the District as District Clerk, That said authority includes, but is not limited to, processing claims, accepting service of process, accepting appeals of administrative citations, distributing agenda materials for Board and Committee meetings, and accepting communications from the public during such meetings, ensuring that the Treasurer's bond is on file, and filing the annual charges for the property tax rolls with the Auditor. 2. Executive Assistant/Deputy., District Clerk. That there is hereby created within the District the position of Executive Assistant. That the Executive Assistant shall perform those duties set forth in the District's job summary. Those duties shall include, but not be limited to, acting as the Deputy District Clerk with the authority to act in accordance with Section 1 above when convenient or necessary for the District. In addition, the Executive Assistant shall prepare Board meeting agenda packets, prepare notices of Board and Committee meetings in compliance with the Brown Act, publish official notices and ordinances, attend meetings and be responsible for preparing the minutes of such meetings, processing contracts, insurance forms, bonds and related documents, processing conflict of interest filings, and maintaining other District records. PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District at a regular meeting held on the 22nd day of March, 2012. Robert Ooten Mike Scheafer President of the Board of Directors Secretary of the Board of Directors STATE OF CALIFORNIA) COUNTY OF ORANGE SS CITY OF COSTA MESA 1, 1 of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2012- , was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 22nd day of March, 2012. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this _ day of 2012. Clerk of the Costa Mesa Sanitary District President Ooten called the meeting to order at 10:30 a. m. DIRECTORS PRESENT: Bob Ooteni, Jim Ferryman, Jim, Rtzpatrick, Art Perry, Mike Scheafer (Directors Perry, Scheafer, and Ferryman attending as observers only and did not participate in discussions.) STAFF PRESENT: Scott Carroll, General Manager; Rob Hamers, District Engineer; Joan Revak, Clerk of the District; Yefim Tsalyuk, Senior Engineer; Joe Limon, Senior Pnspector; Steve Cano, Maintenance Supervisor. OTHERS PRESENT: Ahmed Ali, President, Geo-Etka (soils engineer) STANDING REPORTS There were no sanitary sewer overflows (SSOs) to report. NEW DISCUSSION ITEMS Waste Discharge Requirements (WDR) Triennial Review Discussion was held on the Workshop held in Sacramento on January 24, 2012 to discuss proposed revisions to the statewide General Waste Discharge Requirements for Sanitary Sewer Systems (SSS WDR). The State tabled the proposed revisions and will begin obtaining stakeholder input on items proposed for revisions. Updates were given on new development including: Retail and Residential, Hamilton Street/Harbor Blvd. and Charle Street Segerstrorn Senior Housing: 1500 Mesa Verde Drive Vivante on the Coast Senior Housing: Monrovia Avenue Fresh & Easy, Chick-fil-A, Sonic, Auto,Zonie, Five Guys, Harbor Blvd COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING FEBRUARY 14, 2012 PAGE CMSD Plumber's Seminar An overview of the CMSD-sponsored Plumbers Seminars held on January 18, 2012 and February 9, 2012 was presented. CIP Overview and Lessons Learned Mr. Hamers presented CIP Overview, Lessons Learned and Future Risk Assessment. Mr. Ali from Geo-Etka presented findings from his soils report for the South Coast Drive sewer replacement:, Project #189, and Mr. Ali answered questions from the Board. Among other comments, Director Fitzpatrick requested written forms supporting the recommendation to perform additional upfront research during the design phase to find other agencies and contractors who may have experience in the streets where the proposed sewer construction will be. CMSD Facts and Figures Mr. Carroll presented facts and figures related to CMSD sewers, including miles of sewers and force mains, parcels served, etc., and discussion was held. CIVISD PROJECTS Project #101 West Side Pumping Station Abandonment - Status Mr. Hamers, reviewed and discussion was held on proposed preliminary engineering and overall scope of work for the preliminary engineering phase in order to prepare accurate engineer's estimates for the project. Mr. Harriers was requested to bring back a proposed engineering fee for the preliminary engineering. Project #129 Bristol Street Sewer Phase 11 - Status Mr. Hamers reported Contractor is potholing utilities prior to beginning construction. Project #171 Irvine Pumping Station Force Main - Status Mr. Hamers reported bid opening occurred on February 14, 2012 and the results will be provided at the March 2012 regular Board meeting. Project #185 System Wide Sewer Reconstruction Phase I - Status Mr. Harriers reported construction was completed on February 10, 2012 and 95 segments were reconstructed. Acceptance of improvements is scheduled for the March regular Board meeting. Project #190 Canyon Force Main Rehabilitation - Status, Mr. Hamers reported District Staff is submitting proposed traffic control plans to the City of Costa Mesa for review. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING FEBRUARY 114,20112 PAGE 3 Project #192 System-Wide Sewer Reconstruction Phase 2 - Status Mr, Lamers reported the design phase is 60% complete, Mr. Harriers reported the design phase is 15% complete. Structural engineering consultant will have plans by late March at which time all plans will be submitted for plan check. Project #164 Tree Root Abatement Program - Status Mr. Flamers reported the pre-construction meeting was held February 13, 2012. 61.11-ioi ME1119111111114 The next meeting is scheduled for March 13, 2012 at 10:30 a.m. There were no public comments. ADJOURNMENT The meeting was adjourned at 11:58 a.m. rOUT-T mil T, MAD COSTA MESA SANITARY DISTRICT MINUTES OF RECYCLING COMMITTEE MEETIN't February 21, 2012 The Costa Mesa Sanitn District Recycling Committee met on February 21, 2012 at 10:30 a.m. at 628 W. 19 Street, Costa Mesa. Directors Present: Jim Fitzpatrick, Robert Ooten Staff Present, Scott Carroll, AJ Cully, Isidro Gallardo item VIII. A. 2, Others Present: Dean Ruffridge, CR&R; Lawrence Jones, CR&R; Sean Fitzgerald, Discovery Science Center; Tony Silazano, Discovery Science Center; Debbie Morris, HF&H Consultants; Pooja Jhobdid-Relham, Goodwill of Orange County; Alma Reyes, City of Costa Mesa Public Services Department Chairman Fitzpatrick called the meeting to order at 10:30 am. Report accepted, Report accepted. III 1111�Il 111�11111!1111 9 HWMMTI�� -33= Isidro Gallardo, GMSD Ordinance Enforcement Officer (OEO), reported there were no calls to District Headquarters reporting scavenging activity in January 2012. However, there were incidents he observed directly. One citation was given on January 31, 2012. There was no graffiti to report. Mr. Ga[lardo reported he is continuing to meet with Costa Mesa Police Officer Julian Trevino twice a month to discuss and identify areas that are frequently targeted by scavengers. Areas where scavenging was observed by the OEO were 2010 Maple Ave., 300 Flower St., 2960 Royal Palm Dr., and 400 Magnolia St. Mr. Carroll reported the offender who was issued a citation on January 31, 2012 did pay his fine, which was lowered to twenty five dollars. Director Fitzpatrick mentioned the joint efforts by the CMSD OEO and Costa Mesa Police Officer is praiseworthy. Prvleclil�q ow- com'nlunity's fieal,tfi and'the environment ( )y and'sewer collection services,, Costa Mesa Sanitary District Minutes of Recycling Committee Meeting February 21, 2012 Page 2 The Costa Mesa Police Department scavenging statistics were provided. There were 9 calls in the month of January, V. Zero Waste Awards Mr. Carroll recommended the Environmental Excellence Award be presented to CR&R for their partnership with the District in achieving a high diversion rate, running successful recycling programs, and for promoting green energy and reduced carbon monoxide through innovative technology such as converting to CNG trucks. The award will be presented at the March 2012 meeting. V1. Discovery Science Center Mr. Sean Fitzgerald and IMr. Tony Silazano, of the Discovery Science Center gave a presentation on their Ecochallenge exhibit and education program. The Ecochalle,nge exhibit is a three part series of applied educational activities aimed at reinforcing positive diversion practices. The Discovery Science Center also hosts an educational program funded by a two year grant from the County. They intend to see over 15,500 sixth grade students over the next two years. The program has three parts; in class assembly that addresses the Resources element of CA Science Content Standards, in home activities provided to the students to continue to reinforce positive activity, and a field trip to the Ecochallenge exhibit. Mr. Fitzgerald and Mr. Silazano welcomed the opportunity for partnership with the Discovery Science Center to expand! the program reach. The cost is twenty five dollars per student. The Committee requested a proposal from Mr. Fitzgerald to determine if Costa Mesa students can get involved in the program. Mr. Carroll reported on the Telephone Book Recycling Program, stating that this year the participation rate in the program dropped. Mrs. Cully reported there were eighteen schools that participated, in which thirteen: received awards totaling $5,11010. The committee discussed possible reasons for the reported drop in participation and changing the dates and parameters of the program next year in order to garner more participation. The committee agreed to continue the program for now and reevaluate possibly ending the program in the upcoming years. The committee discussed possible new advertisements that will be put on CR&R trucks. Director Fitzpatrick suggested to have a detailed calendar for the dates of advertisements that will be rotated on the CR&R trucks. unvw ceusdcago'r M Costa Mesa Sanitary District February 21, 2012 Page 3 The committee discussed establishing new goals for the committee. Director Fitzpatrick suggested the committee take a look at the metrics of the overall tonnage of waste produced in the City. The committee agreed that monitoring this number and seeking a decrease in per household pounds of waste should be a goal. X Dailybulletin.com: Trash company's experiment turning restaurant leftovers into a saleable product Director Fitzpatrick provided an article regarding a local company's use of organics. Committee Chairman Fitzpatrick adjourned the meeting at 11:55 a.m. Next Meeting Date — Tuesday, February 21, 2012 at 10:30 a.m. Chairman 'irting our hearth anti 'the onvironment ir�y pi-oviding solid`,u)zte andsmver col?'ection yervices� rvww. rms&�,a,gov Item VIII. A. 3 PLEDGE OF ALLEGIANCE i • - I • ROLL CALL DIRECTORS PRESENT: President Ooten led the Pledge of Allegiance. Director Scheafer led the Invocation. -F�kobert Ooten, James Ferryman, Mike Scheafer, Jim Fitzpatrick, Art Perry STAFF PRESENT: Scott Carroll, General Manager; Anna Sanchez, Administration Manager; Robin S. Hamers, District Engineer; Alan Burns, District Counsel; Jacque Rogers, Treasurer; Teresa Gonzalez, Accounting Manager; AJ Cully, Management Analyst OTHERS PRESENT Dean Ruffridge, CR&R; Lisa Manfredi, Davis Magnet School; Pooja Jhobalia-Pelham, Goodwill of Orange County; Mike Carey, Orange Coast College; Richard Pagel, Orange Coast College; Kevin Shannon, Orange Coast College; Joe Serna, Daily Pilot; Robert Dickson, Resident. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS 'REGULAR MEETING FIELD FEBRUARY 23, 2012 CEREMONIAL MATTERS AND PRESENTATIONS AWARDS FOR ENVIRONMENTAL EXCELLENCE: DAVIS MAGNET SCHOOL GRANGE COAST COLLEGE GOODWILL OF ORANGE COUNTY ANNOUNCEMENT OF LATE COMMUNICATIONS CON'SENT CALENDAR REPORTS I me 1 1 - • "" -• . •. • • • ,r - 1 III Minutes of Sewer System Committee Meeting — January '17, 2012 Minutes of Recycling Committee Meeting January 23, 2012 .• :1 0 • ! FINANCIAL REPORTS "" -' • '-• • mss. ,• ' •• • Occupancy Report and Payment of $197,207.32 to Costa Mesa Disposal — January 2012 The Revised Minutes of the Regular November 30, 2011 Board Meeting were approved as distributed. The Minutes of the Sewer System Committee Meeting of January 17, 2012 were approved as distributed. The Minutes of the Recycling Committee Meeting of January 23, 2012 were approved as distributed. This item was pulled from the Consent Calendar for a separate vote. Director Scheafer motioned to approve the Minutes of the Regular January 26, 2012 Board Meeting as distributed. Vice President Ferryman seconded the motion. Motion carried 4 -0 There were no refund requests for the month of January 2012. The Trash Occupancy Count documented an increase of three units for the occupancy report for solid waste collection as of February 1, 2012. Therefore, the total for February is 2.1,540 and the payment of $197,207.32 was ratified. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF TIME BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 Contract Payment of $1012,082.01 to CR The contract payment of $162,082.01 to CR Transfer — January 2012 Transfer for recycling services and disposal for the month of January 2012 was ratified as submitted. Contract Payment of $8,469.57 The contract payment of $8,469.57 to CR to CR Transfer — Santa Ana Transfer for recycling services and disposal for Heights /Newport Beach — January 2012 Santa Ana Heights /Newport Beach for the month of January 2012 was ratified as submitted. Warrant Register for the month of January 2011 in the amount of $957,395,20. Directors Compensation & Reimbursement of Expenses for the month of December 2011. Investment Report for the month of January 201' 1. Warrant Resolution #CMSD 2012 -8 was approved, authorizing the President and Secretary to sign the warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $957,395.20. Director Compensation and Expense Reimbursements for the month of December 2011 were approved and ratified as follows: President Ooten: $1,326.00 + $684.99 Vice President Ferryman: $1326.00 + $771.92 Director Scheafer: $1,3261.00 + $879.30 Director Perry: $1,326.00 + $167.48 Director Fitzpatrick: $1,326.00 + $55.50 The Investment Report for the month of January 2011 was approved as submitted. Budget Transfer for Gladwell Services in The Budget Transfer for Oladwell Services was the amount of $5000.00. approved as submitted. Budget Transfer for EOC Equipment and The Budget Transfer for EOC Equipment and Supplies in the amount of $13,000.00. Supplies was approved as submitted. END OF CONSENT CALENDAR Director Ferryman imoved for approval of the Consent Calendar, pulling. Item VII. A. 4 for a separate vote. Director Scheafer seconded the motion. Motion carried 5 -0. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 Director Scheafer moved for approval of Item VI.A.4 Regular Board of Directors Meeting Minutes January 26, 2012. Director Ferryman seconded the motion. Director Ferryman seconded the motion. Motion carried 4-0-1, (Director Perry abstaining.) There were no written communications. President Ooten invited public comments. Mr. Dean Ruffridge presented an artist's rendering of the new graphics for the CNG collection trucks. CR&R enlarged the area to accommodate changeable copy from CMSD. Director Fitzpatrick did not approve of the sketch. He indicated CR&R's name was too large and requested a billboard: size space be provided to advertise CMSD programs. PERMANENT EMERGENCY EQUIPMENT AT PUMP STATIONS Mr. Carroll reported the results from the feasibility study conducted by Pacific Data Electric (PDE) to install permanent bypass pumps or generators at critical pump stations located at Eldon, 2.3`d Street, Mendoza, Victoria, Irvine, and Canyon. Discussion was held on the options available to fund the project, minimize downtime, avoid SSO's and protect the District in the event of a power outage or emergency. Director Perry moved to allocate $601,000 for the design phase. Director Ferryman seconded the motion. Motion carried 5-0. FRONT LOBBY EXPANSION. PROJECT Mr. Carroll presented the contract awarded to Slater Builders for the expansion of the front lobby. The design will improve security and safety for staff members and provide more room for members of the public to conduct business with the District. Director Fitzpatrick moved to award the contract for the front lobby expansion with Slater Builders. Director Perry seconded the motion. Motion carried 5-0. RESIDENTIAL FOG COLLECTION PROGRAM Ms. Cully reported the residential FOG collection program at Orange Coast College was a tremendous success and recommended the program be extended year round. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 Director Ferryman moved to extend the residential FOG collection program at Orange Coast College year round. Director Scheafer seconded the motion. Motion carried 5-0. Mr. Carroll presented updated information requested at the January 26, 21012 Board meeting regarding the fourth option for videotaping CMSD Board meetings. This option requires the purchase of minimal camera equipment and piggy backs on the City of Costa Mesa's Granicus account to upload the meeting onto our website. The estimated cost for this service is $10,000 and is the least expensive option to pursue. The Board requested staff verify any monthly costs associated with this service, Director Ferryman moved to approve videotaping of Board meetings contingent upon staff verification of costs with a maximum of $300 per month. Director Fitzpatrick seconded the motion. Motion carried 4-1. (Director Perry voting no.) ANNUAL HEALTH BENEFIT BROKER FEES AND COMMISSIONS DISCLOSURE Ms. Sanchez reported Section 1367.08 of the California Health and Safety Code and Section 10604,5 of the California Insurance Code require disclosure of any group health insurance premiums, fees, and commissions paid to all agents, providers, and brokers. Director Scheafer moved to receive and file the report. Director Perry seconded the motion. Motion carried 5-0. RECYCLING COMMITTEE The Recycling Committee meeting met on February 21, 2012. Director Fitzpatrick, Chairman of the Committee, gave a report on the meeting. PROJECT STATUS REPORT Mr. Hamers presented the Project Status Report, providing an update on all CIVISD projects. Director Scheafer moved to receive and file the report. Director Ferryman seconded the motion. Motion carried 5-0. #185 SYSTEM WIDE SEWER RECONSTRUCTION PHASE I - ACCEPTANCE OF IMPROVEMENTS Mr. Hamers reported construction improvements for this project were completed on COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 February 10, 2012. Director Perry moved to accept improvements, file Notice of Completion and exonerate labor and material bond. Director Scheafer seconded the motion. Motion carried 5 -0. SEWER SYSTEM COMMITTEE The Sewer System Committee met on February 14, 2012. President Ooten, Chairman of the Committee, gave a report on the meeting. There were no reports from the Treasurer. SEWER ABATEMENT AND COST COLLECTION ORDINANCE Mr. Burns outlined a proposed ordinance to provide staff with a procedure to abate and collect costs for sewer system overflows and a variety of other damaging situations that are caused by violations of our Operations Code. Director Perry moved for approval. Director Ferrymen seconded the motion. Motion carried 5 -0. GENERAL MANAGER'S EMPLOYMENT AGREEMENT - SECOND AMENDMENT Mr. Burns presented the General Manager's annual performance review as a stipulation of his employment agreement. Director Ferryman moved to approve the second amendment of the General Manager's Employment Agreement. Director Scheafer seconded the motion. Motion carried 5 -0. CLERK OF THE DISTRICT REPORTS CMSD RESOLUTION No. 2012 -809 ORDERING THAT PUBLICATION OF ORDINANCE No. 88 AMENDING THE DISTRICT'S OPERATIONS CODE To DELETE THE RgouIREIVIENT OF OVERSIGHT COMMITTEE REVIEW OF THE DISTRICT'S INVESTMENT POLICY HAS BEEN PUBLISHED. Mr. Carroll presented CMSD Resolution No. 2012-809. Director Perry moved to adopt CMSD Resolution No. 2012 -809. Director Ferryman seconded the motion. Motion carried 5 -0. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 LOCAL MEETINGS Director Ferryman attended an OCSD Committee meeting and reported most of the meeting was discussion of the dissolution of the redevelopment agencies. OCSD is in the process of selecting 14 representatives to serve on an Oversight Committee regarding this matter. Director Perry stated the meeting would be held next month. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) President Oaten reported. LAFCO was present at the meeting and will begin assisting cities who wish to dis-incorporate. ISDOC is currently working on social media policies. An update was provided on Cal Forward and the Shared Services Program Workshop. Governor Brown is considering reducing the number of Board members on the State Water Resources Board. President Oaten: We received a client confidential report from Meyers Nave. Director Perry: It was a confidential report and I would like to make it public record. I would like to make a motion to that effect. Director Ferryman: I second it just for discussion. Director Fitzpatrick: Mr. President, how can we do that? If the intention clearly is for the Directors to discuss this memo. We received it privileged and confidential. It wasn't part of the staff report, yet the first thing we do is try to make it something that we can discuss. I'm concerned that, based on that, we willfully and knowingly withheld it from the public with the intention of discussing here at the meeting. Is that possible? Alan Burns: Mr. IPresident, to have an action item on the agenda tonight, you should agendize it properly or say there is a need to take action that arose after the agenda was prepared. Alternatively, any Board member could make it public and waive the confidentiality of it. However, doing so might not make his fellow Board members happy if they received it in confidence and believe it should be held ,in confidence.. Those are your choices. It is a client's confidence to waive. You may choose to put it on for another agenda item or any Board member could choose to disclose it. It is my understanding lit was not prepared for a closed session, which would make it unlawful to give out. Given that fact, if anybody were to disclose it, you simply risk the wrath of your fellow Board members, for giving out something that was COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 confidential. I do not think it is appropriate to have a vote on tonight. If you are going to vote on it, you should put it on another agenda. President Ooten. Vote on what? Alan Burns. To make it public. There was a motion and a second. If you are going to vote on it, you should probably put that on a future agenda. President Ootein: That could be the motion. Alan Burns: Yes. You can have all kinds of follow up action based on this. It says discussion right now. I don't know where the discussion is going to lead. As a result, there may be all sorts of things that are put on a future agenda. Director Scheafer: Asked to direct a question to Counsel. The last time we discussed this, we asked to go forward to Meyers-Nave and ask for their opinion. That was the direction we had given staff. We have now gotten that report back. Why is it not acceptable to discuss that report? Alan Burns: I think you can discuss the opinion you were given. But, you are agendizing an item for a vote to disclose something and I don't think that would be appropriate. It is okay to discuss. You asked for advice, the advice was given and you want to have a discussion about it. I think that is appropriate. Director Scheafer: So the fact that Director Perry said he wanted to make it public, we can still discuss the memo without making it public? Alan Burns: Correct. Alternatively, you can walk over to a member of the public, give the memo out and say, I chose on my own to make this public, Everyone else can be mad at me, but I chose to do it. Director Perry: So we can discuss this with everyone present? Alan Burns: Yes. I just do not think you should take action on something that was not agendized. Director Perry: Would we take that in closed session if we did agendize it? Alan Burns: No. I am not sure where the discussion is going but right now, but it is not appropriate for a closed session. Depending on where the Board's discussion went, there might be a need for a closed session depending on what they wanted to discuss, but it is not ready for closed session tonight. Director Perry: Could we read parts of this memo that we received from Meyer's Nave tonight? Alan Burns: You could summarize it, certainly. Director Perry: Ok, I would like to try one part of this summary. Director Scheafer: Are you withdrawing your motion? Director Perry: Yes, I will withdraw that motion. Director Ferryman: I will withdraw the second. Director Perry: Can I continue? Stop me if I am doing something incorrect Alan. Alan Burns: I will, certainly. It is up to the President from now on. Director Perry: On page 2, the short answer from Meyers-Nave said that the Board member automatically forfeits his position with the District upon his appointment to the City Planning Commission, I think that is important to us. Incompatible for office, their short answer is yes. So, I think that is a very important thing for us to consider. I don't know if Mr. Fitzpatrick has looked at this. I'm sure he has. Would you be willing to resign tonight from your position? Or, have you considered that? COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 No response from Director Fitzpatrick. Director Perry: Hearing no answer, I am assuming that he is not. There are other parts of this that are really important. It says on Page 3, are the two offices incompatible? It says the Common Law Doctrine of Incompatibility of Offices prohibits the simultaneously holding of two offices when there is a significant clash of duties or loyalties between the officers. If the duel office holding will be improper for reasons of public policy, does not require an actual occurrence of divided loyalties but looks to whether the circumstances may recently be said to present a substantial latent tension between the two offices. On page 4, the Doctrine of Incompatibility of Office does not require an actual conflict, only a single potential significant clash of duties or loyalties is necessary for two positions be deemed incompatible. Those are really important items. I would like to make a suggestion. We have a meeting on Tuesday for Strategic Planning and I would like to put two other items on the agenda if I could, a Closed Session to discuss Conflict of Interest. Is that possible Alan? Alan Burns: The only times you can go into Closed Session would be to discuss personnel, which would not apply because this is an elected official or it would have to be litigation. Director Perry: Would a Quo Warranto action be a possible litigation item? Alan Burns: Yes. Director Perry: I would like to put that on the agenda for Tuesday's meeting if I could because we have 72 hours to present that agenda. Closed Session on Conflict of Interest, Director Scheafer: I'm sorry, Director, Conflict of Interest or Incompatibility of Office? Director Perry: Both, Conflict of Interest and Incompatibility of Office. The second item, which I would like to discuss with the Board, is the discussion of the Committee membership, before we get into the Strategic Planning. Alan Burns: May [ask what time that Closed Session would be because you have to be meeting with an Attorney to meet in Closed Session for litigation. Director Perry: It is 9:00 a.m. on Tuesday. Alan Burns: Normally, I have a conflict but this is a pretty important item so I will make arrangements for somebody else to cover my meeting. Director Perry: That is my motion to add those two things for the agenda. Do I need a second for that or just direct the Manager to have that on there Alan? Alan Burns: Either way. Director Fitzpatrick: Mr. President, as I expressed prior to the Meyer's-Nave, I think that Director Perry got his yes. Obviously, that is what has been sought for a while. One of the things that I now want to read in, when we were discussing compatibility of office, our Attorney, Alan Burns, when asked about the logic that I presented about the legislative carve out specifically allowing Gary Monahan to serve here and on City Council, Our other relevant, Midway City allows two Council Members to serve on their Board. It is specific to the Sanitary District. The memo that Director Perry read from, the privileged and confidential memo, that Director Perry read from verbatim, one of the things that we had been seeking was compatibility and the direction that the General Manager sent over, it was to seek compatibility or incompatibility and it COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 was to only look at the Sanitary District. I thought that was a very irresponsible memo and I'd like to consider not paying it because it didn't address our original questions and went way beyond the scope of what it is that we asked for. So, it didn't address compatibility. The case supports were School Board and Water District, which we agreed we didn't want to look at, we only wanted to look at this particular precedent. In the meeting when I presented my logic that the Health and Safety Code 6480 in urgency action by the Legislature, which is unheard of, made a specific carve out to allow a City's Legislative body to serve, because they wanted the benefit. Not that there was a conflict, but they wanted somebody with the knowledge that Mayor Monahan and somebody like myself, I believe, have. We've demonstrated the value here to the District by serving those two roles. When I asked Alan Burns, how does that logic work? He validated both at that meeting that it was possible that it could be compatible. In a follow up memo dated December 22, 2011, at the end, it says it was possible that the two offices could be found to be compatible. I'm concerned that Director Perry is summarily ignoring facts and evidence that suggests that there is the opportunity for compatibility. I did read the Daily Pilot today, Mr. President and several times, you talked about patience, patience, patience. I think this might be the time and place to share with Director Perry some of your wisdom around patience. This rush to judgment where clearly, he wants me off this Board and has expressed a willingness to spare no cost and I am very concerned at that. I just wanted to share, 1, know that Director Scheafer said that his vote in the last one was predicated off of, that he wasn't an attorney and he valued the opinion of an attorney. I just wanted to make the point that we have both the verbal and written opinion of our attorney that it says that it is possible that the two offices could be found compatible. President Ooten: Let me ask you (Fitzpatrick) a couple of questions. The memo does address half of what you've talked about. On page 4, item... Director Fitzpatrick: Mr. President, I don't have the memo. It was a privileged and confidential memo. I didn't know that the Board was going to deprive me of having an opportunity to discuss this with the 11,000 people that voted me into this office and any legal counsel, so I'd�on't have a reference to that document here. I didn't know that the Board was going to ambush both the residents in our community and me as a Board member. President Ooten: I have a copy here. Alan, Director Fitzpatrick has asked for support of legal opinion on compatibility of offices. Was that done in the Meyer's- Nave memo? Scott, did the contract ask for that to be done? Mr. Carroll: Yes, it did. President Ooten: I don't remember reading it but in the Meyers-Nave memo, they do address the Legislative carve out. It says a Planning Commissioner is not a member of a City's Legislative body so that would not apply to him or her. Director Fitzpatrick: Not necessarily Mr. President. I don't agree with that, President Ooten: I am just reading what they wrote. Director Fitzpatrick: But, I don't agree with your assessment that it addressed compatibility. The case law that it citied was both Water District and School Board. It had nothing to do with Council or Planning Commission. COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 Director Perry: Mr. President, there are a couple of statements that Mr. Fitzpatrick made. When I referred to the costs, I meant, to learn whatever we have to know legally as Board members. We represent other constituents too and we have to know what the law is. I am not after you (Fitzpatrick) personally. If Mike Scheafer was a Planning Commissioner and he was elected to this Board, I would do the same thing. We have to find out legally. That is what I meant by costs. It is not a personal attack on you. We need to make sure that we know what the law is. Director Fitzpatrick: Mr. President, again, I think your patience commentary is warranted here. We have a Director who wants to move so fast to have a Special Meeting next Tuesday. Nowhere in any one of these documents or anywhere else have the demonstration of harm been articulated. There is no harm to the District. I don't understand what the rush to judgment is, to take it to a closed meeting at this point. Last time, you and I voted yes, the other three Directors voted no, to allocate a small amount of resources to go out and specifically test the logic. Everyone I've tested it with says, absolutely, you report to these Council Members, you serve at their leisure, you're an Advisory Board to them. All my decisions are over-turnable to the guy who can sit over here. And, everyone I talk too finds that argument to be reasonable. President Ooten: Do you have any written information that would confirm that? Just for discussion. Director Fitzpatrick: Mr. President, maybe we should make a motion for the Board to support going and getting.. I'm concerned that whatever information I bring back, the Board won't accept. I haven't seen any recognition that the Board even recognizes that our Attorney, that historically they've put so much credence in says, it is possible that they two offices could be found compatible. The Director who is making this motion is summarily ignoring our own advice of Counsel that there is a possibility. President Ooten: Counsel, do you agree with that statement? District Counsel: My opinion has been that the Attorney General would likely find the offices incompatible. That is what I have to go by because the Attorney General would issue the Quo Warranto permission to file the lawsuit. That has been my opinion. Director Fitzpatrick: Mr. President, that differs than the December memo where the Attorney General would possibly. That's a much stronger statement and I'd ask our Attorney, is that a new finding from you? Alan Burns. No, I am being consistent. You asked if it was possible that you could be compatible and of course, it is possible. It is not 100% that you are incompatible. Nobody could say that right now. My opinion was, it is likely the Attorney General would find the two offices incompatible based on my review of the opinions to date. Director Fitzpatrick: Mr. President, when I talked to Mr. Burns yesterday, I believe he was surprised that Meyers-Nave went so far. To make the statement that he just made, I am concerned that the statement is being made. I have it in the minutes where he says that the logic that I presented could possibly be deemed compatible. I have it in writing that says the two offices could be found compatible. Alan Burns: Am I not being clear about this? I said the Attorney General would likely find the two offices to be incompatible. That allows the Quo Warranto to be COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 issued. Then a Superior Court Judge make a determination whether in fact, the two offices are incompatible. That is as far as I went. Director Fitzpatrick: Mr. President, because I remember you said, it is possible to be found. Then when I asked, is it also possible that it could be compatible, and you said yes. Alan Burns: I stand by all of those statements. I do not think they are inconsistent. Director Fitzpatrick: But now you are using the word likely. Alan Burns: My original version is my statement as to what the Attorney General would find. Because this is the opinion I tried to track when I gave my opinion to the Board. Director Fitzpatrick: Did you find any opinion specifically on Planning Commission? Alan Burns: Yes. Director Fitzpatrick: You did? Alan Burns: Not on Planning Commission and Sanitary District, on Planning Commission, yes. Director Fitzpatrick: Did you find any on Planning Commission and Sanitary District? The reason I ask is so important is the Sanitary District governs what we do. Alan Burns: There is not an opinion directly on point with the two offices. Director Fitzpatrick: Perfect. Is it incompatible for a Mayor to sit on Water? Yes. Or a Council Member? That is incompatible. Alan Burns: I am not sure. Director Fitzpatrick: Katrina Foley could not sit on Council and School Board; she had to resign so that was based off of precedent. My point is that there is a specific legislative carve out for the Sanitary District that nobody seems to want to acknowledge here. There is a debate over what is a legislative body but it has never been tested. I'd like to go, before we have this rush to judgment. Based off this memo, which I think is really weak, I have been asked to resign. I think that's wildly inappropriate because the other half of the information hasn't been presented. Again, Mr. President, I ask you to give your patience communication here. Remember what I said? They are going to get a yes. I talked to a lawyer, they're going to go down this path. We tried to structure the ask so that it wouldn't wind up in a memo written as such, but it did. And, now it's oops, I got my yes. I lawyer shopped and got my yes. Let's go, will you resign? No. Let's go straight into Special Session. That clearly is personal to me. President Ooten: Alan, does the District have any obligation to Director Fitzpatrick to follow through on either defending Director Fitzpatrick in court action? Alan Burns: Defending a Quo Warranto action or getting another? President Ooten: Is the District obligated to defend Director Fitzpatrick if a Quo Warranto is pursued. Alan Burns: No. President Ooten: Is the District obligated to provide or fund legal counsel to answer the question of compatibility? Alan Burns: No. Mike Scheafer: Mr. President, first of all, the characterization of this as an ambush is, as far as I'm concerned, way out of line. Director Fitzpatrick's use of semantics to try to confuse the issue to consider this an ambush and a rush to judgment is not COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 compatible with what I am thinking. We started this discussion back in November. (The other Directors corrected Mike stating this started back in June.) We have taken every step that we need to take. If you ask for an opinion as to whether something is incompatible or compatible which is the way we phrased it and they came back with the opinion it is incompatible, citing significant terms. Why would they then switch their findings to say he is now compatible? The Doctrine of Incompatible Offices does not require an actual conflict. The memo specifically states in bold type, "Only a single potential significant clash of duties or loyalties is necessary for two positions to be deemed incompatible." I have been saying that from the very beginning. I think the people who voted for me would like me to remove any gray area when it comes to whether myself or any other Director is acting according to the ethical standards that we put forward as elected officials. At the bottom of that same page, (interjected Director Fitzpatrick's comments that Mayor Monahan can sit here and hold both offices so that should be no different than a Planning Commissioner), based on the Health and Safety Code, the memo states, "Thus a Mayor or City Council Member of a city with the same boundaries of a Sanitary District could sit on the Sanitary District's Board. A City Planning Commissioner is not a member of a City's legislative body so the Healthand Safety Code would not apply to him or her." It is pretty clear in this memo that they addressed compatibility because they determined he is incompatible. So, that argument does not hold water with me. All through this memo, it talks about the potential clash of loyalties, it talks about acceptance of his reappointment to the Planning Commission, the Board member vacated his District Board position. The remaining members of the Board may determine that a vacancy exists and then fill the vacancy by appointing someone to fill the unexpired portion of the Board members' term. My question to Counsel is, that sentence that I just read, about the fact that this Board can now appoint someone to replace the Director, is that before or after the Quo Warranto is done? Alan Burns: My experience has been in certain cases where the person that is the object of incompatibility goes along with it, either quits showing up or has a mental defect, is incompetent, an alcoholic or an imbecile or something, that the Board can then declare the office vacant and appoint. But, if this Board were to declare the office vacant, I have a strong suspicion that Director Fitzpatrick might not agree with you. It is just going to be a question of who files the lawsuit. Mike Scheafer: If this Board chooses to go forward with a Quo Warranto action, at that point, if a majority of this Board votes to move forward with a Quo Warranto, action, does that then present a conflict between Director Fitzpatrick and the rest of the Board? Alan Burns: Yes, it does. Mike Scheafer: If this Board decides whether to go forward with the Quo Warranto, is that in open session. Alan Burns: You could decide that in Closed Session. Mike Scheafer: When we go into that Closed Session, is Director Fitzpatrick part of that discussion? Alan Burns: He should not be. He would have a conflict of interest at that point. COSTA MESA SANITARY DISTRICT PAGE 14 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 Mike Scheafer: Even though we have not decided to go forward with the Quo Warranto. Alan Burns: If the purpose of going into Closed Session, is to decide if you are going to initiate litigation against Director Fitzpatrick, then he has a conflict of interest. Mike Scheafer: Can we decide tonight to go into Closed Session on Tuesday to discuss the Quo Warranto action? Alan Burns: You can make a decision tonight to agendize it. We will have to sort a lot of things out between now and then. Mike Scheafer: To agendize it in Closed Session? Again, the newspaper was quick to point out that this appears to be a personal attack. I want to go on record that this is not a personal attack. I was voted into office just as Director Fitzpatrick was and I think my constituents, and I know the people that I've talked to over the last several months, have said to me, you need to do what's right, you need to make sure that the District is doing what's right. According to the two legal opinions that I have been given, we need to do the right thing. The action we are taking is not a rush to judgment, it is not an ambush against any Director. The fact that he chose not to bring this memo with him this evening was his choice. Just as it was his choice to accept the office of Planning Commissioner after he was counseled that there was a possibility of a conflict. As far as I'm concerned, there is no rush to judgment, there is no ambush, we are doing the business that we were elected to do. Jim Fitzpatrick: Director Scheafer, can you identify the harm that would be caused? What are your constituents telling you that the harm is, like what is this compelling action? Because as I understand it, no decision is overturnable, no decisions have to be re-heard. There are no fines to the District. I am just trying to understand. Mike Scheafer: I am not going to answer that because I think those are issues that need to be discussed in a Closed Session. Bob Ooten: The issue of harm had me confused for a long time. When we discussed harm, we discussed it in the context of the District. There is no harm to any of the decisions we make. In that context, there is no, harm. So, any of the decisions that the five of us make, there will be no consequences in the future. Alan had told us that. The harm comes from the approval authority of the Planning Commission over the Sanitary District and/or the approval authority of the Sanitary District over the Planning Commission or the City. Reading these two legal opinions and other things, the bar is pretty low. It said in the report, the potential harm of the approval authority of either the Planning Commission over the Sanitary District matters that Ihave to go before the Planning Commission of which there are probably three. If we did a master plan, we would have to submit it for Planning Commission approval and review in concert with the General Plan. We submit annually our CIP program to the Planning Commission and they review and approve that for conformance with the General Plan. Any other public works projects like our building, was submitted to the Planning Commission for their review and approval in conformance with the General Plan. The Planning Commission is responsible for the General Plan and its Amendments. If the District chooses to purchase property or dispose of property, that would be another thing that the Planning Commission would review. If there were a different Planning Commissioner in there doing that review, then I don't necessarily think Director Fitzpatrick would, but he could take umbrage to COSTA MESA SANITARY DISTRICT PAGE 15 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 any of those things, and not give Planning Commission approval. And, he is correct, that would then be or could be passed up to the Council. But, in fact, the Planning Commission could say this is not compatible with the General Plan and the Commission and the City most times would concur with it. I think that was my confusion on the harm. The harm is the approval authority. Say the City wants to build a building and they come to us and say, do you have sewer capacity and we could choose to say no. Then they could not build the building or they could not expand the building. That has been my confusion up to this date on what is harm. There is no harm to this District based on the decisions we make, but there is potential harm, The bar is pretty low. It says potential harm. I have reviewed this and the two legal opinions and actually, my daughter is in an entirely different context with the Water Conservation Board and the Planning Commission. It comes up in every one of these legal opinion contexts. I am dismayed that the City Attorney didn't weigh in on this and give Director Fitzpatrick sound legal advice. That may be where the additional inference could potentially be, there could be compatibility. Just as Director Fitzpatrick read into Counsel Burns' memo that there is a possibility. There is a possibility, but in my opinion, it is getting pretty minute. I am sorry to say. I respect you as a Director, but I think you are going down the wrong path. Jim Fitzpatrick: Mr. President, how do you explain the fact that a Council Member can sit here. Bob Ooten: That is a specific legislative carve out Jim Fitzpatrick: What it doesn't say is and it's unique, can we agree that it's unique? Bob Ooten: No. Jim Fitzpatrick: It's not unique? Bob Ooten: I don't know if it's unique Jim Fitzpatrick: Is there a legislative carve out for water? No. Is there a legislative carve out for School Board? Bob Ooten: That is not an issue here. Jim Fitzpatrick: I think when you bring up examples such as, it keeps coming up my daughter's thing which is Water, you make it an issue. Bob Ooten: Yes, that's true. Jim Fitzpatrick: I keep trying to tell you not to do that because it's inappropriate, just as the references to School Board and Water in both memos that we have, I believe are inappropriate. What the specific legislative carve out said is, we want, we value the input of both sides and we want to carve it out, to make sure that a legislative body can serve. It didn't say, we want a Council member and we don't want a Planning Commissioner. Bob Ooten: It did say that Mike Scheafer: It did say that. Jim Fitzpatrick: It did not say that. Bob Ooten: At least in the legal opinion we have says that. Jlim Fitzpatrick: It does not. In the Legislative opinion, it says a Legislative body, it does in no way, shape, or form, mention a Planning Commissioner, Bob Ooten: In the Meyers Nave report, 64 AB says, thus, a Mayor or City Council on a City with the same boundaries as the Sanitary District could sit on the COSTA MESA SANITARY DISTRICT PAGE 16 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 Sanitary District Board. A City Planning Commissioner is not a member of the City's Legislative body so it does not apply to him or her. I mean,, I heard you say Jim Fitzpatrick: It does not apply. In the examples you say, oh a decision of a Planning Commissioner, those are reviewable or over turnable by the individual who can sit here. So, one of the other alternatives is that we could go to our Assembly member and ask for an opinion from our Legislative Committee to actually consider this. Rather than hypothesize that therefore because they didn't specifically say it, the Legislature didn't intend for that to be there. Right? Now this guy is interpreting Legislative intent, I believe. Which, he doesn't have the facts and evidence to support that. There are so many other options and alternatives, that we don't have to go into Closed Session. I'm a little concerned that, it feels a little orchestrated to me here, all of a sudden. In talking with Alan Bums, he was concerned about this going to Closed Session. Mr. President, have you had any discussions with any of the other Directors regarding compatibility of office? Bob Ooten: Yes. Jim Fitzpatrick: I'm concerned about that because I've decided to speak with yourself about this and... Bob Ooten: And you're one of them. Jim Fitzpatrick: (Chuckling) And I'm one of them. Mr. Burns, could you just communicate that that is a Brown Act Violation? Alan Burns: I am not going to do that but I would remind everyone about the Brown Act and about the fact that... Jim Fitzpatrick: Mr. President, one of the concerns here is that, what I'm hearing is that, those guys are all in the Li�on's Club together, they're all talking behind your back Jim. And one of the concerns that I just heard, that the people who voted for me is just validated. I believe we just did have a Brown Act violation because I've been exclusively talking with President Ooten. Director Ferryman: President Ooten, may I say something? Director Fitzpatrick: Mr. Burns, if a Director speaks with more than one Director, on a very important item, isn't that a violation of the Brown Act? Alan Burns: I think everyone knows that if consensus is achieved by discussing matters amongst themselves, a violation of the Brown Act can occur if it regards public business whether it is serious or not. I think everyone knows the rules. Director Fitzpatrick: Does that mean ... what do I have to do to get a ruling on a Brown Act violation? Do I have to file a... Alan Burns: A ruling? Director Fitzpatrick: Yes. Alan Burns: Who are you asking for a ruling from? Director Fitzpatrick: I'm asking you. I thought it's pretty clear that if you talk to more than one person it's a violation: of the Brown Act. Is that not true? Alan Burns: About the same matter, yes. Director Fitzpatrick: Ok, so what we just heard was President Ooten said that he spoke with me and at least one other Director. Isn't that a violation of the Brown Act? Alan Burns: IIf it was to achieve a consensus, it would be. Director Fitzpatrick: I don't understand to achieve a consensus. I just thought it was that you couldn't speak to another ... I mean this is a very important issue. COSTA MESA SANITARY DISTRICT PAGE 17 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 Alan Burns: I am giving you a straight answer on this and I also want to remind the Board, that we have a rule about being cross - examined. There is no cross- examination in the Board, meeting, one question after another. Director Fitzpatrick: Mr. President, I'll make this the one final one because if I wasn't getting the answer out of the Engineer that I was looking for, I would try to triangulate it and we've done that several times. This will be my last question so there won't be a series of them. I just heard President Ooten, my concern, the people that I have talked to, is that there's been discussion, inappropriate discussion, relative to the Brown Act. By President Ooten stating that he has spoken with me and at least one other Director on this item, isn't that a violation of the Brown Act? Alan Burns: I'm not going to rule on a hypothetical like that. If the Board talked amongst themselves and a majority reached a concurrence on an item by discussing it outside of a Board meeting, that would be a violation of the Brown Act. There was also a discussion about this in an open and public meeting, so I don't know when they discussed it. It was a very robust discussion about this last time, in public, with an agendized matter. Director Scheafer- Mr. President, first of all, Director Perry is not a member of the Lion's Club. I will go on record saying at our Lion's Club meetings we have far more to discuss than the Sanitary District. There was no discussion, there has never been any discussion to achieve a consensus on this matter at a Lion's Club meeting or any other place. These little personal jabs about the Lion's Club are a personal attack. You (Fitzpatrick) go in the newspaper and say these people are attacking me personally, then you sit here as a Director and attack us for being members of the Lion's Club. That is pretty low. I guarantee you, and I will go on record as saying, there was no discussion of this matter at any Lion's Club meeting. Director Ferryman: I will second exactly what you (Scheafer) are saying and remind the Director (Fitzpatrick) that we have two opinions from legal firms. Where is your 'opinion? If this is so dear to you,, go get your opinion. I bet the City Attorney gave you an opinion and you didn't want to hear it. Director Fitzpatrick: Mr. President, I would like to make a motion. That the Board, based on Director Ferryman's strong suggestion that I go get an opinion and bring it back here, I would like to be provided the same opportunity as Director Perry was when the met a person who told him that yes, compatibility would be achieved, that the Board fund up to $5000 for an opinion to pursue the logic of AB 6480 and for once and for all, before we spend additional money, that we get a legal opinion on that finding. It seems very important to Director Ferryman. Director (Ferryman: Wouldn't it be for you on any other subject? Director Fitzpatrick: Mr. President, there's a motion on the floor. Alan Burns: It is the same rule Mr. President. That is a non-agenda item. If you want to discuss that on Tuesday, that would be the time after it is agendized, but not at this meeting. We did not hear the other matters because they were not agendized and there is not a need to take action that won't wait for the 72 hours. Director Fitzpatrick: Mr. President, in our last one, it wasn't agendized as such and there was a vote and a recommendation to go seek the Meyers-Nave. I don't know what is so different about this meeting. We actually made a motion at that time and I'd like to make that motion again because I think that's important and relevant. You COSTA MESA SANITARY DISTRICT PAGE 18 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 just saw a Director very strongly suggest that I go and get an opinion and present it to the Board. I am just looking for the option and the opportunity. Why would Director Perry be afforded that opportunity and not myself? Present Ooten: I believe that we heard this in November. We moved some of it to December. Is that what Director Fitzpatrick is talking about? Alan Burns: I don't know. Maybe you (President Ooten) should see if you can get a second. Director Fitzpatrick: I make a motion that the Board fund equally the opportunity to seek the legal opinion that can define this for us here of compatibility based off the legislative carve out looking at AB 6480 up to the same amount as it was presented in the last up to $5000. Alan Burns: My advice on that will be the same, but I will wait for a second to see if it is moved. President Ooten: I think the matter dies for lack of a second. Director Ferryman: Is there a motion about what to put on this agenda next Tuesday? Alan Burns: Where we left it was that it would either be a motion or the General Manager would come up with the agenda language. In the past that hasn't necessarily worked so well. Maybe the Board wants to let the Manager off the hook and try to formulate what you want on the agenda, so he is not in the cross hairs. Director Scheafer. Can we ask what the General Manager has? Scoff Carroll: Consider filing a Quo Warranto for conflict of interest and incompatibility of office during Closed Session. Alan Burns: I heard another discussion about committee assignments too. Director Fitzpatrick: Mr. President, what about committee assignments, I don't understand that. Director Ferryman: We will talk about it Tuesday. Alan Burns: How would we put that on the agenda though? What is the discussion about that item? Director Perry: I think that at any time we can look at committees. There are changes made periodically. I would like to just look at all of the committees from President on down to review and discuss. Alan Burns: So it should be, review and possibly reconsider committee assignments so we have a clear Brown Act notice of what is going to happen. That would be in Open Session. Director Scheafer: Closed session is only the Quo Warranto discussion. Again, I will reiterate, since there is a conflict here, Director Fitzpatrick will not be in that Closed Session. Alan Burns: Not in the Closed Session, he is welcome to the other session. If it is anything other than that, any kind of a censure or anything that goes with the reconsideration of the committee assignments, then Director Fitzpatrick would have a right to some kind of due process. If you are simply removing somebody or reassigning somebody, then there is no due process. Director Fitzpatrick: Mr. President, in the newspaper article, you said that you really want to understand compatibility. So, now you are going to exclude me from discussions? How is this not specifically addressing me? This isn't the broader issue COSTA MESA SANITARY DISTRICT PAGE 19 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 of compatibility. We're not talking about Director Perry and his last run for Mesa, which is clearly a violation of compatibility. We're not addressing that. We're specifically addressing me and me only. I don't understand your comment in the newspaper. This doesn't sound like you want to understand compatibility. Director Ferryman: May I say something? President Ooten. What I would like to understand is the ethics election process deals with incompatibility. The two legal opinions we have try to interpret the ethics election process and that is what I am interested in understanding, Director Scheafer: Mr. President, Director Perry did not win that seat on the Water Board so there was never a conflict. There was never an incompatibility question. Director Ferryman: Director Perry withdrew. Director Scheafer: He withdrew, but it was too late for him to withdraw his name from the ballot. He publicly stated and he publically campaigned for people not to vote for him. The difference here is, Director Fitzpatrick was elected to this office and then, contrary to an opinion from the District's Attorney, he accepted the Planning Commission. So, he attained both offices. Director Perry never attained both offices. Any discussion of Director Perry is moot as far as I'm concerned. Had he won the election to the Water District, accepted it, and tried to stay on the Sanitary District, I would be going after that as well because it is wrong. Director IFerryman: The fact is, he (Perry) stepped down because of that conflict of interest. Director Scheafer: (Perry stepped down) at the advice of Counsel. Having gone through that same scenario when li ran for City Council previously, because AB 6840 hadn't come into effect yet. He diiid not attain the Water District seat so to keep bringing that up is wrong. Director Perry: I spent not one cent. As soon as Alan told me that I would be incompatible, I told all my friends not to vote for me. I tried to get off the ballot, but it was too late. Director Scheafer: Art:, you don't need to explain yourself. Director Perry: I know, I am an ethical person. President Ooten: I don't think it is germane to this discussion. Director Fitzpatrick: Mr. President, I'd like to respond to that then. Director Perry is accusing me of getting a memo and moving forward against that memo. Prior to Director Perry filing for candidacy, he had possession of that same memo that he accuses me of not moving forward on. What is not in dispute is that the Water and Sanitary Districts are incompatible. I don't dispute that, I don't know if we've come to that conclusion here yet. So, what he (Perry) did was, he went forward based off of that information anyway. President Ooten: If you are you talking about December 10th memo, he had a different one. Director Perry: I registered for that position. Alan found out about it at a Board meeting and he told me I was i�ncompatible. That is when I stopped it (pursuing the Mesa Water office). I had no memo, it was a verbal conversation. Your timing is way off. I received no memo. Director Fitzpatrick: Mr. President, I have heard from Alan Burns on several occasions that he issues that memo regularly. To a Board member that has been on COSTA MESA SANITARY DISTRICT PAGE MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 1 the Board for decades, to say that he didn't get the December 1 oth memo, I believe he was in possession of that exact same information that we've heard before. You know, there are over a 1,000 people that voted for Director Perry in that election. I think he placed the District in significant peril by going forward with that action. The 1,000 people that did vote for Director Perry, I would think that they would be pretty disappointed that all of a sudden he did this about face. On October 29th, in the Daily Pilot, when asked why he didn't do a ballot statement, he said he didn't think he needed one and he would let the election show the results. Remember what happened in that race? Fisler and Worthington, that was the closest race I've ever seen. It went on for three weeks. A sitting Director here (Perry), I think put our District at peril for a known incompatibility of office issue and materially affected the outcome of an election. It was like 66 votes, 1'Y2 % of the votes that went back and forth. Director Perry got almost 25% of the vote, 1 out of 4. 1 think that is an egregious error that we are just skipping, over. President Ooten: He was not elected. If he had been elected, he would have had to make a choice to drop off the Sanitary District. He didn't get to the point where he had to make that choice. Director Fitzpatrick: He lost, I know, but he put the District at peril is my position on that. Now all of a sudden, he's got this newfound interest on ethics? I believe, because as I've escalated questions around putting our solid waste, contract out to bid, in an evergreen contract. Remember I've been around for over a year here. This issue was not addressed. Director Ferryman: I call for an adjournment of the meeting. President Ooten: What? Director Ferryman: I would like to call for adjournment. I'm sick of listening to this gibberish. Director Scheafer: We have a motion. Actually, it wasn't a motion, it was a direction, I'm sorry. Director Fitzpatrick: Mr. President, I still have the floor,. I'm concerned that that hasn't been discussed. Where does this newfound energy come from? It corresponds directly to my escalating the questions. We have an evergreen contract and every time I bring it up, I get the same energy coming from:, what part of this don't you understand, no. President Ooten: That is not where I come from. Director Fitzpatrick: The other Director (Ferryman) clearly has said that. So, as I escalate my calls for review of that contract, I just find it interesting that it corresponds with the escalation of compatibility of office. Having served for about a year, there wasn't this, my constituency wants me to understand this. That was never present. Only when I started saying, I'm concerned about our fiduciary calls on some of our sewer and our CIP projects. I don't think we did the best job, there. My concerns about rates, as I start to escalate that dialog, all of a sudden this starts coming forward. Director Scheafer: Mr. President, Director Fitzpatrick is trying to, as far as I am concerned, manufacture issues here. It was pretty specific in the paper that because he is a new Director and because he brings things up, the other three Lion's Club guys don't like it. Believe me, I respect Director Fitzpatrick immensely, his energy COSTA MESA SANITARY DISTRICT PAGE 21 MINUTES OF THE BOARD OF DIRECTORS REGULAR M1 EETING HELD FEBRUARY 23, 2012 and all the things he's brought forward. They are all excellent topics. They are all things that as a Board of Directors we need to discuss. We are getting away from the real issue here. Director Fitzpatrick consciously made a decision to accept what was potentially an incompatible office and still retain his old office.. That is the question here. Not whether he brings up issues regarding the evergreen clause or anything else. Those have never been in my thought process and I haven't discussed this with anybody else. My sole direction here is to make sure that this Board of Directors is acting completely legal. According to the two opinions expressed, we have an incompatibility which is a violation of the law. I want that resolved. I have no personal issue here. For this characterization of personal attacks that keep coming up and his little jabs about what we are talking about at a Lion's Club meeting is not part of this discussion. Director Fitzpatrick: Mr. President, to clarify, I never said that it occurred at a Lions Club ever. I said, what the community is telling me is that the Lions Club guys talk all the time Director Scheafer: I don't know what community you're talking too. Director Fitzpatrick: It's obvious to me that the Board wants to act outside and ignore our own legal opinion that says it is possible that the two offices could be found to be compatible. I had my discussion one on one with you, you said what do you need, and I said, just to fund this, and you said okay let's do that. I don't know what happened between now and then, but I am disappointed that you didn't support and seek that information. I think you are making decisions myopically only on the information you want to hear and you're not giving weight and the opportunity. What is $2000 to go get that opinion Mr. President, instead of a Quo Warranto of $40,000? We heard Director Perry earlier concerned about spending $2000 on the video as affecting rates, yet there is a willingness to move forward and spend $40,000 here. I find it interesting. I've talked to four of the Council Members and there are two sides to this ship. I find it interesting that none of those four Council Members have any of the issues that this Board has. None, whatsoever. They support it wholeheartedly. They agree with the Legislature that it's appropriate to have a City person over here for all the reasons that we talked about, facilitating the relationship and getting better outcomes for the District. I just want that part of the record that the four Council Members that I talked to. Alan Burns: I would caution you about making statements like that on the record about talking to four Council Members. Director Scheafer: Thank you Alan. Director Ferryman: I call for the question. Director Scheafer: There is no vote. I have a question for the President. Did you authorize expenditures for Director Fitzpatrick's legal action? He just said that you authorized expenditures to defend his side. President Ooten: He said that as we were discussing it, I apparently said I would support that. Director Scheafer: No, he said that you said, let's go forward and get this taken care of. Not in those words, but he just intimated that you said that we could go ahead and spend the money. Is that true or not true? I am sorry Mr. President, I am just asking the question. COSTA MESA SANITARY DISTRICT PAGE 22. MINUTES OF THE BOARD OF DIRECTORs REGULAR MEETING HELD FEBRUARY 23, 2012 President Ooten: I couldn't authorize it. Director Scheafer: Well, he (Fitzpatrick) just said you did. President Ooten: I could have said I was supportive of understanding whether there was compatibility. Director Scheafer: Ok, so we have a difference opinion there it sounds like. Director Fitzpatrick: Mr. President, allow me to clarify. I didn't say that you authorized, I said that we had a discussion and you said, what do you need for this Jim and I said, I just want the funds to be authorized and you said, that's something I can support. Director Scheafer: That is not what you said earlier. Director Fitzpatrick: Absolutely. President Ooten: Well that is potentially what I said. Director Fitzpatrick: That is exactly what. Director Scheafer: Okay, we are not getting anywhere with this. There is no reason to push this. Director Ferryman: Can we move along? Director Perry: Just one last thing. Almost everything that Director Fitzpatrick said about me and the timetable is completely fabricated and it was not true. Period. Director Fitzpatrick: Mr. President, I'd be happy to share the Daily Pilot comments. I'll go back and review the memos of Mr. Burns telling us that he routinely issues this same directive time and time again. I can do that but I'm not going to allow a Director again, I mean, I've been called a liar here. Alan Burns: Mr. President, may I clarify one small point? I do give routine memos on selected laws. They are generic and not to any fact pattern. I try to cover a broad range of laws that you (the Board) need to be aware of and I do issue that every year. I don't know if that's what we are talking about or not. Every year I do that, but it is a generic memo. Director Fitzpatrick: Mr. President, have you (Alan Burns) ever issued a memo on incompatibility of office before October 2010? Alan Burns: I don't know. I've done at least two memos on it. I don't know what the dates are. President Ooten: You may have when Director Monahan, City Councilman. Alan Burns: I know I have done at least two memos on it but I don't know if he (Fitzpatrick) is referring to the generic one II do every year. Director Fitzpatrick: I'm not referring to the generic memo. I am referring to when it was presented about incompatibility. It was presented to me as this is a routine discussion that occurs around every election. President Ooten: That may have been what you heard, but I don't think we can answer that question tonight. Director Fitzpatrick: If it's important to the Board, I can back up my facts because I have the facts to support my assertions. President Ooten: In future discussions, staff can leave if they would like or stay. 11 WiTA -111114 111 1 There was no new business to discuss. COSTA MESA SANITARY DISTRICT PAGE 23 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 23, 2012 Director Scheafer requested follow up regarding volume collected during the Westside large item pickups on April 21 and June 2. Director Scheafer moved to allow Director Perry to substitute at the City-District Liaison Committee February 24, 2012, in the event he cannot attend. Director Ferryman seconded the motion. Motion carried 5-0. Director Scheafer requested information from the City of Huntington Beach regarding their power outage. Director Scheafer requested Alan Burns provide a summation of the Brown Act policy regarding the use of cell phones during public meetings. 0-05F81 President Oaten adjourned the meeting at 8:30 p.m. Secretary President Boar d of Directors Robert Ooten James Ferrynian Mike Scheqfirr James Fitzpatrick Arthur Perry Salf Scott C. Carroll General Manuger Item VIII, B. 4 0 0 Costa Mesa Sanitla-q District ... an Idepembei4t Special District 181711101 Board of Directors Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92627-2716 Joan Revak There is I increase for the occupancy report for solid waste collection as of Q/ 9 ,lice M ana er March 1, 2012; therefore, the total occupancy count for March 1, 2012 is Clerk oj'fh,e District 21,541. -Robin B, Hamers District Engineer (94�) 631-1731 Alan R. Burns Legal Counsel Marcus 1.). Davis D-easurer Phone (949) 645-8400 Fax (949) 650-2253 Address 628 W 19th .Street Costa Mesa, CA 9'2627-2716 46W % 01'rinted on Recycled goner Staff recommends the following: 1. The Board of Directors accepts the occupancy count as presented using 21,541 as the correct number of units. 2. The Board of Directors directs staff to prepare a warrant to Costa Mesa Disposal for January collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement. Said payment in the amount of $197,216.47 to be ratified in the April 2012 warrant list. Sincerely, r p1 Janet Jackson Permit Technician cc: Costa Mesa Disposal CMSD Permit Processing Department Protecting our communiVy's bea4 a e aivi-ronmpnt �q provibing sobb maste anb sewer caffection servica, www.cmsbca,gov BILL TO; COSTA MESA SANI DIST-SA HGT 628 W 19TH ST COSTA MESA CA 92627 MAIL PA' CF, -TRAI\ P, O. BO) Item VIII. B. 5. STANTOr , TERMS: NET'10 DAYS 10" FOPAYBIGREDII CARID, PE EA-,�: FLL V� MrOF RMA'rjo�,j ON -WK OF HEIN141 1ANGL INVOICE v: INVOICE DATE. 19229 3/01/12 COSTA MESA SAKI DIST-SA HGT P.O. BOX 1.200 COSTA MESA CA 92627 CUSTOMER k 09- 11 8 :IREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES 'roTAL DUE E3, 469 57 8,469.57 ... . .. .......... 7, 913 12 2 with your payrnew CHECK CR TRANSFER, INC. Jim NO IN IN, WIN 2/01/12 RESIDENTIAL WASTE 2 9 19.33 52.22( 7 1,009.41 :1 2/08/12 RESIDENTIAL WASTE 2 19.0 - 52.220 996.88 2/15/12 RESIDENTIAT, WASTE 4 I 37.00 52.220 1,932.14 2/22/12 j RESIDENTIAL WASTE 4 37.51 52.220 1,961.91 2/29/12 RESIDENTIAL WASTE 4 Y -38.5q 52.220 2,013.08 TOTALS 16 1 151.5 � 7,913.42 IF YOU HAVE ANY QUESTIONS REG4ARDING" ANYPARTOF-1-HIS iNV=E, PLEASE CALL: (714) 826-904� R-6 ;'l Y 9 t§T 93 7 CIJRI E'5 ES INVO ......... . ... . --- 1 : -I.... 1� _3 r ... ......... .... ...... . . CUSTOMER 09- 11 8 INVOICE # 19229 P.O. BOX 1200 OVERDUE ANjl(-',LJNTS SUBJECT TO FINANCE C'WIAP,1(3II= COSTA MESA SANI DIST AREA 9 COSTA MESA SAKI DIST AREA 9 P.O. BOX 1200 628 W 19TIl ST COSTA MESA CA 92627 COSTA MESA CA 92627 CUSTOMER 09- 9 2 aREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES -- --------- --- TOTAL DUE 162,082.01 082 01 147,085-44 ........ . ....... ...... .... 147, 085.44 . ... . ..... .......... d,��lacfi h&ipaocy rew,n witl,a,yourpaymenf CFECK 4 - — — — — — ---- — — — — — — — — — - - — — — — — — — — — — — — — — -- — — — — — — — — — — — — — — — — — — — — — CR TRANSFER, INC. 2/01/12 RESIDENTIAL WASTE 14 132.5 52.2209 6,922.28 2/02/12 RESIDENTIAL, WASTE 15 139.4 52.220 1 7,284.17 2/03/12 RESIDENTIAL WASTE 13 126.50 52.2201 6,605,83 2/06/12 RESIDENTIAL WASTE 14 155.4E 52.220 2/07/12 RESIDENTIAL WASTE 16 147.3" 52.220 7,693.57 2/08/12 RESIDENTIAL WASTE 15 134.7 52,220 -7,036.12 2/09/12 RESIDENTIAL WASTE 14 131.7 5-21-220 6,879.46 2/10/12 RESIDENTIAL WASTE 14 131.2E 5.2.220 '6,855.44 2/11/12 RESIDENTIAL 14ASTE 2 52.220 I 532.64 2/13/12 RESIDENTIAL WASTE is 15 52.220 8,070.08 2/14/12 RESIDENTIAL WASTE 15 137.1 52.220 7,163.02 2/15/12 RESIDENTIAL WASTE 13 u 112.51 52.220 5,875.79 2/16/12 RESIDENTIAL WASTE 13 112.7 52.220 5,88.89 -9 2/17/12 RESIDENTIAL :WASTE 13 116.2� 52.220 6,071-62 2/20/12 RESIDENTIAL WASTE 16 152.4;' 52.220 7,960.42 2/21/12E RESIDENTIAL WASTE 13 121.94' 52.220 6,367.71 2/22/12 i RESIDENTIAL WASTE 11 104-61 52.220 I S,465.87 2/23/12 RESIDENTIAL WASTE 14 135.2 52.220!h 7,060-14 2/24/12 RESIDENTIAL WASTE p 13 Y 118.7$ 52.22 0 6,202.69 2/27/12 RESIDENTIAL WASTE 14 165,64 52.220: 8,649.72 2/28/12 RESIDENTIAL WASTE 1.7 52,220 8,272.69 2/29/12 RESIDENTIAL WASTE �12 116.9 52,2201 6,108-17 TOTALS 296 2816.5 147,085-44 IF YOU HAVE ANY QLJIEST`sONS REGARDING ANY PANT' OFTFItlS iNVO;CE, PLEASE' CALL- (714) 826-9045 PRE IN R95 iK�4-4- ............ ............. - ...... ..... ...... - -------- CUSTOMER it 09- 9 2 INVOICE 19228 P.O. BOX 1.200 OVE�9DU E AfMOUNTS .Si. BjECT -10 Vl NANC' E "CHARKU-JE Item VIII, B. 6. COSTA MESA SANITARY DISTRICT Warrant Resolution No. CMSD 2012 -9 A RESOLUTION OF THE COSTA MESA SANITARY DISTRICT RATIFYING THE PAYMENT OF CERTAIN CLAIMS AND DEMANDS, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME WERE PAID. "i ! i •"" • a j •' i Section 1. That the attached claims and demands totaling $692,461.96 have been audited as required by law and that the same were paid out of respective funds as hereinafter set forth. Section 2. That the General Manager of the District shall certify to the adoption of this Resolution and shall retain a certified copy thereof in his own records, B1111i1*43, i i +son i I •. . i Secretary President STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss COSTA, MESA SANITARY DISTRICT ) I, SCOTT CARROLL, General Manager of the Costa Mesa Sanitary District, hereby certify that the foregoing Warrant Resolution No. CMSD 2012 -9 was duly adopted by the Costa (Mesa Sanitary District at a regular meeting held on the 22nd day of March 2012. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Costa Mesa Sanitary District on this 22nd day of March 2012. 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C, WHEREAS, the Board of Directors on February 23, 2012 adopted Ordinance No. 89 adding Chapter 6.1' 0 to the District's Operations Code Providing Authority for the Recovery of Abatement Costs made necessary by Violations of the District's Ordinances has been published; and WHEREAS, the Ordinance was published in the Newport Beach/Costa Mesa Daily Pilot on March 3, 2012; and WHEREAS, Health and Safety Code Section 6490 provides that an order of the Board that publication has occurred is conclusive evidence that publication has properly been made. NOW, THEREFORE, the Board of Directors does hereby resolve. That it is hereby ordered and decreed that publication of Ordinance No. 89 adding Chapter 6.10 to the District's Operation Code Providing Authority for the Recovery of Abatement Cost made necessary by Violations of the District's Ordinances has occurred. PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District at a regular meeting held on the 22nd day of March, 2012. Robert Ooten President of the Board of Directors Mike Scheafer Secretary of the Board of Directors &SIOULgo]m I, of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2012-_, was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 22nd day of March, 2012. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this _ day of 2012. Clerk of the Costa Mesa Sanitary District To: Board of DirectotV Via: Scott Carroll, General Managpoz:iEr From: Anna Sanchez, Administrative Service Manager Date: March 22, 2012 Subject: District Organizational changes In late February, the District Clerk announced her retirement. The Clerk retired on March 5, 2012. This action signaled the need to reevaluate the organizational structure that had been in place in the District for the last several years. �1 M. Staff recommends the Board approve the new classifications as described below and direct staff to begin the recruitment process to fill these vacancies. Analysis Background: In late February, the District Clerk, after serving the District for 16 years, announced her retirement, effective March 5, 2012. This resignation prompted staff to evaluate the work load within the organization and the staffing level available to accomplish the District's goals. After a survey of surrounding special districts as well as reviewing a copy of the latest function and compensation survey offered by the California Special District Association (CSDA), staff determined that a Clerk position was not a typical occurrence among other special district organizations. Instead, the position that performs all of the functions the existing District Clerk position is performed by an Executive Assistant to the Board. This classification change would put Costa Mesa Sanitary District in alignment with other special districts in California, The re-classification of this position will allow additional funding available to fund a second position that will assist with the critical analytical functions now required by the Protects our community's heahh 6y providing sores waste and'sewer colrection services crnsdca.gov Board of Directors March 22, 2012 Page 2 of 2 Board as more high level analysis and work product are being requested. As a result of this increased workload, staff is recommending adding an additional position to the Administration division of the organization. Executive Assistant/ Deputy District Clerk: This position will continue to perform all of the functions the previous incumbent had performed. The position will report to the General Manager and will serve as a liaison with the Board of Directors, District staff, legal counsel, outside agencies, and the general public. Though riot a requirement during the recruitment process, it will be highly desirable for the Executive Assistant to serve as the Notary Public for the District. Within one year of employment with the District, the successful candidate must be a certified Notary Public. Other duties will include certifying and validating all District documents, administer oath of office to newly-elected Directors, and handle subpoenas and public records requests. Additionally, the position would be responsible for preparation of all meeting agenda and minutes, document management systems, and maintenance of all official District records for public, private, and government use. Management Assistant: This position will serve as an entry-level position to the Management Analyst series. The position would serve under the direction of the Management Analyst and assist with various detailed and technical analytical reports and gathering statistical data. The Management Assistant would be heavily involved in assisting with the marketing efforts of the District to achieve the District-wide branding goal. The position will be responsible for managing the District's website to ensure up to date and accurate information is available to the public. In addition, the Management Assistant will be responsible for coordinating, developing and formatting the District's newsletter, Finally, the position will be heavily involved in assisting the Management Analyst with solid waste program goals and grant management. Management Intern: The Management Intern program is being proposed by staff as a means of promoting the public administration career path as well as strengthening the District's internship program. The District currently participates in an internship program through the Santiago Canyon College, whereby, students apply for an internship with the District to earn credit towards their degree. The goal behind the Sewer Maintenance Internship program is to give the student "hands-on" experience in the waste water field so that they are better prepared for full-time employment. The Management Internship program would serve the same purpose. Staff proposes to work with various educational institutions that have a Public Administration program to promote the unpaid internship opportunity. This internship would give students "hands-on" experience working in the field of government to propel them into their future careers. The Management Intern would! also be a prime candidate to fill the entry-level Management Assistant position. Administrative Assistant 1: Lastly, as staff has re-evaluated the organizational structure, staff is recommending re-classifying the existing Office Specialist position to an Administrative Assistant I position. 4 `f- 0 The Office Specialist classification is incompatible with the current workload requirements. An Office Specialist's primary functions are to work under close and continuous supervision performing repetitive or closely related duties. Daily tasks would include serving as the receptionist, answering the phone and redirecting callers, provide general assistance to the general public, and distributing applications for permits, and other various forms. However, the current workload has a higher level of responsibility where the position is required to facilitate the administration of the District's Sewer Lateral Assistance Program, provide administrative support to management staff such as composing letters, either independently or in accordance with oral and written instructions, special survey projects, assisting with travel arrangements, tracking data, and maintaining insurance records and updates. These functions are clearly outside of the Office Specialist classification. Therefore, staff is recommending the position be reclassified to an Administrative Assistant 1. Strategic Element & Goal This item will achieve the objective and strategy of Strategic Plan Element 5.0, Administrative Management, which, states: Objective: To create, maintain and implement policies and procedures to ensure sound management of the District, Strategy. We will conduct periodic reviews, refine and implement policies and procedures, and assure the General Manager has the direction and tools necessary for successful District operations. This item has been reviewed by the District Counsel. Financial Review Currently, the District budgeted over $112,000 in salary for the District Clerk position. Once the position has been re-classified to an Executive Assistant to the Board, the District would realize a salary savings of over $60,000 just in the first year as the salary range has been adjusted to be in alignment with this classification in Region 6 of the CSDA. The reclassification of the District Clerk and the addition of two new positions will put the District's total personnel costs at under 20% of the $10 million operations budget. Board of Directors March 22, 2012 Page 2 of 2 Executive Assistant and Management Assistant positions will be under the new retirement formula of 2% @ 60 and each employee will pay his/her seven percent share of PERS costs, The reclassification of the Office Specialist position to an Administrative Assistant I position would incur an additional cost of approximately $7,000 annually. The reclassification of the District Clerk, reclassification of the Office Specialist, and the addition of two new positions will put the District's total personnel costs at under 20% of the $10 million operations budget, Committee Recommendation ZMES= Copies of this report are on file and will be included with the entire agenda packet for the March 22, 2012 Board of Directors regular meeting at District Headquarters and on District's website. Alternative Actions 1. Refer the matter back to staff Reviewed by: CID Uvemliq I a I I I Ip Riargiggom Attachment A: Executive Assistant/Deputy District Clerk job description Attachment B: Management Assistant job description Attachment C: Administrative Assistant I job description Costa Mesa Sanitary District Executive Assistant/D,epuly District Clerk Salary Range $27.63 - 37.02 Hourly $4,788.33 - 6,416.83 Monthly $57,460 - 77,001.90 Annual JOB SUMMARY CLASS CODE; 1003 Under limited supervision from the General Manager, performs a variety of specialized and complex administrative, management and clerk duties as prescribed by law and perform essential duties as required. Serves as liaison with District Board of Directors, General Manager, staff, legal counsel, outside agencies, and the general public, CLASS CHARACTERISTICS Under general direction this position performs a wide variety of confidential and complex administrative, technical and programmatic duties related to the Board of Directors. Ensures work quality and adherence to established policies and procedures. Responsible for the maintenance of official District records for public, private and government use. Management reserves the right to add, modify, change or rescind work assignments as needed. ESSENTIAL FUNCTIONS Prepare Board of Directors regular and committee meeting agendas and related documents in accordance with legal requirements; coordinate with departments for supporting documentation; and publish official notices as required; Attend regular and committee meeting for the Board of Directors; record actions taken at meetings; oversee preparation and distribution of minutes of meetings; process documents approved at Board meetings including agreement and contracts; Serve as Notary Public for the District; certify and validate all District documents, administer oath of office to newly-elected Directors; handle subpoenas and public records requests Handle administrative duties and follow through on directives of the General Manager in accordance with established District policies and procedures and applicable statues; Serve as District's records custodian and filing officer, process and monitor documents including conflict of interest filings in accordance with established procedures; Maintain official District records for public, private and government use; initiate, organize, maintain and control access to complex filing systems and records. Ensure all records and required retention information is included in the records retention schedule; provide direction to others in developing and maintaining official files and filing various documents; ensure compliance with records management policies and procedures-, Manage and/or co-ordinate various workshops, programs, and announcements, Costa Mesa Sanitary District CLASS CODE: 1003 Attend and participate in professional group meetings; stay abreast of new trends and innovations in the assigned areas of responsibility, and Communicate effectively orally and in writing and establish and maintain effective and cooperative working relationships. Prepare staff reports for Board of Director's regular Board meetings, EDUCATION, TRAINING, and/or EXPERIENCE Graduation from an accredited college or university with major coursework in business or public administration or a closely-related field. Three years of increasingly responsible public or business administration experience. Administrative experience supporting a Board of Directors, City council, or similar public agency environment is highly desirable LICENSE and/or CERTIFICATE Valid California Driver's License. Revocation of license during employment may result in disciplinary action or reassignment. A California Notary Public is highly desirable Requisite Knowledge and Skill Levels Municipal operations, procedures policies, laws, objectives and organization; knowledge of Brown Act and public meeting laws; Knowledge of modern office practices, procedures and equipment; including recordkeeping techniques and procedures, and computer programs; Knowledge of campaign disclosure laws as may be applicable to a local agency; Correct English usage, grammar, spelling, punctuation and vocabulary, Requisite Abilities Interpret specific rules, laws and policies and apply them in a variety of procedural situations. Perform responsible and difficult administrative work with accuracy, speed and initiative; Establish and maintain effective working relationship with staff, District officials, legal counsel, vendors and the public. Additional Requirement: Prior to employment, the prospective candidate must successfully complete a thorough background review, including being fingerprinted, Disaster Service Worker: In accordance with Government Code Section 3100, Costa Mesa Sanitary District Employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly, Costa Mesa Sanitary District JOB SUMMARY Jolifil IWMIRIRMM�M] Salpi:y-Range $23.62 — 31.65 Hourly $4,094.33 — 5,486.80 Monthly $49,132 — 65,841.58 Annual CLASS CODE: 078-1 Under supervision of the Management Analyst, performs a variety of responsible technical and administrative duties and special projects in support of the District functions and programs; provides responsible administrative assistance to management staff. CLASS CHARACTERISTICS This is an entry-level position in the Analyst series, This class is distinguished from the Analyst class by the degree of independence, responsibility, and accountability exercised in the fulfillment of duties and by the performance of more routine tasks and assignments. Employees at this level possess fundamental knowledge of research and analysis principles and administrative practices and procedures. ESSENTIAL FUNCTIONS Perform general administrative and technical work related to department operations. Parameters of area of work are well defined, but methods and procedures to be followed may be independently derived subject to higher level review. Most work is subject to review upon completion. Compiles, reviews, screens, and analyzes varied technical and administrative information in accordance with standard District procedures and guidelines to complete processes and records; develops record systems and maintains complex records. Manages the District website by posting important documents, pictures, announcements and making sure information on the website is up to date and easy to navigate for the public. Coordinate, format and distribute District newsletter Assist coordinating, implementing and managing various District programs that may include, but not limited to the Telephone Book Recycling Program, door-to-door household hazardous waste program, composting workshops, Sharps/Pharmaceutical Program, large item collection program, etc. Conducts routine surveys and studies which may involved the development of forms, telephone contacts and/or work in the field. Develop departmental budgetary data and requests and monitors approved operating budgets, coding purchase request, verifying availability of funds, preventing over expenditures, and advising Management Analyst of budgetary status. Researches purchase request, obtains price quotations, analyzes price and delivery data and makes purchases of supplies and equipment. Costa Mesa Sanitary District CLASS CODE: 078-1 Receives, researches, and responds to citizen requests and complaints. Assist in reviewing and proposing applicable changes to municipal ordinances regulating size and location of refuse and recycling pick-up areas. Ensures the operation of private hauler operating within District complies with exclusive franchise agreement; and May serve as primary representative for a program, project, or department, or act officially in the absence of a manager. Other duties as assigned QUALIFICATIONS GUIDELINES A typical way to obtain the requisite knowledge and abilities to perform the duties and responsibilities of this classification is as follows: EDUCATION, TRAINING AND/OR EXPERIENCE Graduation from an accredited college or university with major coursework in business or public administration or a closely-related field, A pertinent graduate degree can substitute for one year of the required experience; Minimum of six months of responsible technical and administrative experience. Ability to communicate effectively orally and in writing; establish and maintain effective and cooperative working relationships. LICENSE AND/OR CERTIFICATE Valid California Driver's License. Revocation of license during employment may result in disciplinary action or reassignment. R-EQUISITE KNOWLEDGE AND SKILL LEVELS Principles and practices of administration including program monitoring, personnel policy, project measurement and control administration; Municipal operations, procedures policies, laws, objectives and organization; Knowledge of modem office practices, procedures and equipment; including recordkeeping techniques and procedures, and computer programs; Correct English usage, grammar, spelling, punctuation and vocabulary. Website administration is highly desirable REQUISITE ABILITIES Interpret specific rules, laws and policies and apply them in a variety of procedural situations, Perform responsible administrative work with accuracy, speed and initiative; Costa Mesa Sanitary District CLASS CODE: 078-1 Establish and maintain effective working relationship with staff, District officials, legal counsel, vendors and the public. Additional Requirement., Prior to employment, the prospective candidate must successfully complete a thorough background review, including being fingerprinted. Disaster Service Worker: In accordance with Government Code Section 3100, Costa Mesa Sanitary District Employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly. Costa Mesa Sanitary District JOB SUMMARY ADMINISTRATIVE ASSISTANT I Salary Rang $19,00 — $25.46 Hourly $3,293.33 - $4,413.38 Monthly $39,520 - $52,960 Annual CLASS CODE: 005 Under general supervision, performs a wide variety of general clerical work of a routine nature, handles confidential information in a professional manner, and performs related duties as required. This is the entry level in this class series. The individual is expected to perform at a professional skill level. Responsibilities will include but not be limited to having daily contact with customers and employees. The position requires excellent organizational skills as well as good communication skills. Employees in this class normally work under close and continuous supervision preforming repetitive or closely related duties according to established procedures. Generally, work is observed and reviewed both during its performance and upon completion; any changes in procedure or exceptions to rules are explained in detail as they arise. ESSENTIAL FUNCTIONS Provide administrative support by maintaining calendar and assisting with travel arrangements etc. Must be proficient at managing multiple senior management meeting schedules, calendars and travel itineraries with thoroughness and accuracy. Support development and preparation of work product (weekly reports, presentations, etc), On- and off-site meeting set-up including securing rooms, catering, dinner reservations, equipment (audio/video), etc. Coordinate Personnel functions /activities with Administrative Service Manager, including employee recognition programs, company events, etc. Oversee ordering and maintenance of office supplies and forms. Maintain the District website. Set up and organizes filing systems. Create and maintain spreadsheets for (not limited to) trucking data for the following areas: payroll, uniform, gate access card recipients, invoices, attendance, etc. Maintain insurance records and updates for all District contractors/ consultants Processes personnel requisitions and transaction forms Composes letters, either independently or in accordance with oral and written directions; Costa Mesa Sanitary District CLASS CODE: 005 Maintain, revise, and coordinate a variety of cross-referenced personnel and other complex records and documents relating to personnel operations; Prepare fliers for job openings; maintains job classification and application files Schedule pro-employment physicals and maintains records of same; Schedule and scores job qualifying examinations; Arranges for applicant interview boards scheduling time, place and participants as directed; Establish and maintain City personnel files and a variety of other complex records; Record all requested vacation, sick and floating holidays, Performs a wide variety of administrative support work including word processing; checking and recording information; proofreading, filing, copying, scanning or faxing of documents. Serves as receptionist, answers the telephone; determines how incoming calls should be routed, answers routine questions; distributes and explains forms, educational materials, applications and permits; provides assistance to the general public. Participates in the work of an office unit; may provide temporary and vacation relief in support of occupation fields as necessary. Compiles routine reports; maintains calendar and visitor log. Performs related work as required. QUALIFICATIONS GUIDELINES Education, Training and/or Enerience Education and/or experience equivalent to graduation from high school, including or supplemented by computer related courses and office practices. Minimum three years of high level clerical experience including advanced word processing (e.g. merging, archiving, formatting, indexing, glossary creation, etc) and usage of spread sheet data processing applications. Prefer personnel/payroll management experience. Additional Requirement: Prior to employment, prospective candidate must successfully complete a thorough background review, including fingerprinting, Disaster Service Worker: In accordance with Government Code Section 3100, Costa Mesa Sanitary District Employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly. License and/or Certificate Possession or the ability to obtain a valid California Driver's License, Class C or higher, before date of appointment for designated positions. Revocation of license during employment may result in disciplinary action or reassignment. Costa Mesa Sanitary District Regulsite Knowlefte and Skill Levels Knowledge of: Thorough knowledge of general office methods/procedures and office equipment operation. Computers and related equipment including word processing and e-mail applications, Reception and telephone techniques. Reg dsite Abilities Ability to understand and follow oral and written instructions. Ability to establish and maintain effective working relationships with others. CLASS CODE: 005 Use correct English grammar, punctuation and spelling; alphabetize or numerically /chronologically sort materials, Physical Tasks and Environmental Conditions Essential duties require the following physical tasks and environment conditions: Ability to sit, reach, twist, lean; operate a computer keyboard; lift files and reports from desktops or file drawers. Ability to lift 25 pounds. Exposure to vibration, pitch and glare from a computer, To: Board of Directors From: Scott Carroll, General Ml�anagpor-� Date: March 22, 2012 Subject: RTA First Amendment The District entered into an agreement with Robert Thornton Architects, Inc. (RTA) for electrical engineering design services for the remodel addition at District Headquarters. A construction contract has been awarded to the responsive low bidder and construction is scheduled to begin at the end of March. Staff desires to amend RTA's agreement to provide contract administration services. MIJ04M. i-aw-119j� . ", M That the Board of Directors authorizes the General Manager to execute the First Amendment Agreement with Robert Thornton Architects, Inc. Analysis Construction work for expanding the front lobby is scheduled to begin by the end of March. Staff requires the experience of contract administrator to meet with the contractor on a weekly basis to ensure the work is being performed to the highest standards and completed on time. Because of RTA's knowledge of the project, staff is recommending an amendment to RTA's agreement to provide contract administration. Because the cost to' provide contract administration exceeds ten percent of the original agreement costs, Board approval is required. Strategic Element & Goal Not applicable T'ro tecting our community's health 6y providing solid waste and sewer co(fection services cmsdca.gov Board of Directors March 22, 2012 Page 2 of 2 K M. District Associate Counsel has reviewed and approved the attached First Amendment. Financial Review The total cost to provide contract administration services shall not exceed $3,0010. There is sufficient money in the Budget to pay for this service. 1-11 NIZI it zs... .• Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the March 22, 2012 Board of Directors regular meeting at District Headquarters and on District's website. Alternative Actions 1. Do not approve the Fist Amendment and refer the matter back to staff. Reviewed by: Teresa Gonzalez Accounting Manager Attachment A: First Amendment to Agreement Attachment A FIRST AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES Robert Thornton Architects, Inc. This First Amendment ("FIRST AMENDMENT") to the July 26, 2011 Agreement between the Costa Mesa Sanitary District and Robert Thornton Architects, Inc. for electrical engineering design services for the ground floor reception area remodel addition at District Headquarters ("AGREEMENT") is made and entered into this day of 2012„ by and between the Costa Mesa Sanitary District, hereinafter referred to as DISTRICT, and Robert Thornton Architects, Inc., hereinafter referred to as CONSULTANT. Recitals WHEREAS, on July 26, 2011 the DISTRICT and CONSULTANT entered into AGREEMENT for electrical engineering design services for the ground floor reception area remodel addition at District Headquarters; and WHEREAS, bids for the remodel addition have been opened and a construction contract has been awarded and approved to the lowest responsive bidder; and WHEREAS, the DISTRICT desires the services, of a contract administrator and inspection services; and WHEREAS, the CONSULTANT has submitted a proposal to provide said services; and WHEREAS, the DISTRICT and CONSULTANT now desire to amend the AGREEMENT to change the scope of work and increase CONSULTANT's compensation for services rendered. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 5 of the AGREEMENT shall be amended by adding the following subsection: "(d) DISTRICT agrees to pay CONSULTANT the sum of $3,000.00 for providing contract administration and inspection services for the remodel addition at DISTRICT Headquarters." 2. The term of this FIRST AMENDMENT shall become effective upon its adoption. 3. - Except as specifically amended by the terms of th!is FIRST AMENDMEN all provis,ions of the AGREEMENT shall remain in full force and effect. i IN WITNESS WHEREOF, the parties, hereto have caused this FIRST AMENDIVIENT'to be executed this day and year first above written, beneral Manager District Counsel Typed Name W444NE- REWT-2.1 WRIP", WE me 0 9 907-M no ron re-yr-Trasm Via: Scott Carroll, General Managerr,—,.F--- .I' From: Teresa Gonzalez, Accounting Manager/(le Date: March 22, 2012 Subject: Contract Administration/inspection Services for Project #171 Irvine Force Main Rehabilitation In addition to the construction contract, the District is required to contract out for the contract administration/inspection services to successfully administer this project. Staff obtained five informal written quotes from qualified engineering firms for contract administration/inspection services. M1'11;0�=U= That the Board of Directors receive and file this report On February 14, 2012, RFP's were due for contract administration and inspection services for Project #171, Irvine Force Main Rehabilitation. The following bids were received: Robin B. Harners & Assoc., Inc. $15,857 ProjectLine Technical Services, Inc. $27,114 RBF Consulting $38,424 Infrastructure Engineering Corp. $48,600 Dudek $54,065 Staff has reviewed each proposal and determined that Robin B. Hamers & Associates perform contract administration and inspection services for this project under his existing contract with the District. 02rotecting, our community's fieaftfi and the environment 6y providing soCidwaste andsewer cofirection, services. •www.ciiisdca.gov Board of Directors March 22, 201' 1 Page 2 of 2 Strategic Element & Goal This item supports achieving Strategic Element No. 1.0, Sewer Infrastructure Goal No. 1 .4, System wide sewer replacement and repair program. lammmull Financial Review The total cost for this service will not exceed $15,857. Funding for this service is budgeted in the project's CIP budget. Additional funding will be required and requested for this construction project along with the awarding of the construction contract. lommm., 0113 Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the March 22, 2012 Board of Directors regular meeting at District Headquarters and on District website. Alternative Actions 1. Refer the matter back to staff for additional information. Attachments A: Robin B. Harriers & Assoc., Inc. Proposal ROBIN B. HAMERS & ASSOC. � INC. CIVIL ENGINEERS PLANNERS SURVEYORS 'o;' K gg ... since 1981 January 27., 2012 Mr. Scott Carroll General Manager COSTA MESA SANITARY DISTRICT 628 West 19'11 Street Costa Mesa, CA 92627 RE: #171 Irvine Force Main Rehabilitation Proposal for Contract Administration/Inspection Services Dear Scott: Attachment A 234 E. 17TH ST., SUITE 205 COSTA MESA, CA 92627 Phone 949/548-1192 Thank you for the opportunity to prepare a proposal for contract administration/inspection services for the construction phase of subject project, which consists of partial sliplining and partial cured -in- place -pipe (CIPP) lining to extend the life expectancy of the force main. As you are aware, this office has been providing engineering services to the District since 1981 and is intimately aware of each and every pumping station, force main, and gravity sewer inside the District boundary. At the same time, the engineering rates charged by this firm to the District have been discounted substantially below normal engineering fees. The ability to charge less is due to performing a certain volume of work for the District while successfully managing a competitive engineering firm. The attached proposal includes all services necessary to successfully administer the project including management, engineering, and inspection. Services for the District are typically billed on an hourly basis with the not to exceed total as shown in the attached fee table. Thank you for the opportunity to prepare this proposal. Please call me at (714) 293-2727 (cell) if there are questions or comments. Sincerely, 7-4�- Robin B. Haniers Registered Civil Engineer RCE 31720 State of California V lUaU. gDelIv 1 I i O'. G4 X11 m � t tl � , A^ , ; • n , , o , , " 4., to + Lam' � C.i as a N a a r! e.i GL atk " a a a G.F E 4 o 1 G. as 4w sU a U d'. r.> aAi P D •..noo rz y# yr �p Y� oo C77e o o N M I '9 OCJ iJ CJ:c}oOO+:?C7 CaO(?4 N re [`i rty N CV dOOC,7 N 'N [V tV d. 41 m.., d A.«v as w 0 V lUaU. gDelIv lit Item k D. & AF jy To: Board of Directors From: Scott Carroll, General ManagW0;::--Z-10-` Date: March 22, 2012 , loll The California Association of Sanitation Agencies (CASA) is sponsoring their Spring Conference from April 25 to April 27, 2012 in Napa Valley, California. The District's April Board of Directors meeting is scheduled for April 26, 2012. mid That the Board of Directors reschedule the April 26, 2012 Board of Directors meeting CASA provides leadership, advocacy and information to its members, legislators and the public, and promotes partnerships on clean water and beneficial reuse issues that protect public health and the environment. The District is currently a member of CASA. The organization sponsor several conferences throughout the year to share important information with its membership such as pending state and federal legislation, new sanitation programs and ideas. Strategic Element & Goal This item supports achieving Strategic Element No 3.0, Partnerships and Strategic Goal No, 3.4, Participate in the activities of professional associations/ V= ig M =4 0 PlrotectiiW our community's heafth by providing sofid waste andsewer co((ection services cmsdca.gav Board of Directors March 22, 2012 Page 2 of 2 Financial Review The total cost to attend CASA's Spring Conference is approximately $1,500 per person, which includes costs for airfare, hotel, transportation, and meals. The total cost for all five Board members to attend is $7,500. There is sufficient money in the Budget for all five Board members to attend the Spring conference., Committee Recommendation Not applicable Copies of this report are on file and will be included with the entire agenda packet for the March 22, 2012 Board of Directors regular meeting at District Headquarters and on District's website. Alternative Actions 1. Do not reschedule the April 26, 2012 Board of Directors meeting, -Neviewed by: Teresa Gonzalez Accounting Manager Calffbrnia Association of Sanitation Agencies C , A IBM SPRING CONFERENCI April 25-27,2012 Marrbtt Napa Valley Hotel 3425 Solano Avenue Napa, CA 94558 www.napavalleymarriott.com Phone: 707-253-8600 Toll Free: 800-228-9290 (central reservations) Our Mission Statement ''rhemiss�on of the CaHfornIa AmaooaLionofSentmfiwn Agencies �otopromide |eadership. advocacy and informaflonto our membars. |wgie|atms.and the pmb|lc. and to promote partnerships mn dean womr and bame§uW reuse iaauam that protect pubho hmauh and the en0mnmemt, Dear CABAMembers: The 2012O/SA Spring Conference will be held im Napa, April, Q5-27,2[12. This conference will cover current topics impacting our industry and provide un opportunity for government officials, consultants, attorneys and decision makers to address the issues and discuss the facts and trends that will affect water quality now and in the future. The committee chairs have gathered the latest information om water quality resources and innovative ideas for energy efficiency and suoto|oabU|ty that help un safeguard both public health and the environment. Please join uncd the 2Q12CABA Spring Conference and get the facts you will need tm explore the path forward intackling today's economic and sustainable water challenges. The CASA conference is the place to network with colleagues and share information about the regulatory climate, innovative techniques and develop strategies to ensure clean water for the future. | look forward to meeting you there. Until then, best regards and please don't hesitate to call the CASA office with questions about the conference, Sincerely, ,L, � Q-J-� Gary W. Darling President Hotel Information CASA Spring Conference Apt-it 25 - 27, 2012, Please make your reservatioris as soon as possible, Marriott Napa Valley Hotel 3425 Solano Avenue Napa, CA 94558 Phone: 707-253-8600 Guest Fax 707-258-1320 'Toll Free: 800-228-9290 (central reservations) www.napavalleymarriott.com Group Reservation Code: caacaaa http://www.mar(iott.00m/hotels/traveVsfonp-napa-valley-maMott-hotel-and-spa/?toDate=4/26/12&groupCode--caacaaa&fromDate —4/24/12&app=resvlink Room Reservations - CASA Room Rate: $169.96 (including tax/fees) - for single/double occupancy *Piease Identify yourself as a CASA member to receive this special rate. a Cut-off date for reservations is Wednesday, April 4 o Check -in: 4:00 p.m. and Check-out: 12:00 p.m. a Deposit equal to room and tax for the first night for each reservation, 9 Ground Transportation: Evans Airport Service 707-255-1659 from San Francisco and Oakiand airports hffp:H evanstransportationxom/index.php. Individuals may cancel hotel reservations up to 24 hours prior to arrival with no penalty and deposits will be refunded. For information about the Spring Conference or the Marriott Hotel visit the CASA website, wwwcasaweb.org, CASA?s Hotel Wait List The CASA office maintains a "Waft List" for members who are not able to obtain a room reservation at the conference hotel. Any member canceling a reservation is requested to contact CASA Conference Coordinator Debbie Welch at the CASA office 916-446-0388 before contacting the hotel so she can arrange to re-assign your reservation to another member on the waftg list. CASA!s Late Cancelation/No Refund Policy: Deadline Friday, April 13 The contractual obligations with the hotel hold CASA liable if we do not meet our room guarantees, Please note CASAs Late Cancelation Policy on the bottom of the registration form. If you cannot attend, send a colleague in your place by notifying the CASA office, Overflow Hotel The Hilton Garden Inn is located at 3585 Solano Avenue next door to the Marriott and rates are based on availability, For reservations call 707-252-0444. 7:00 a.m. -12 :00 p,.m. CSRMA Training Seminar - 1 1. � I I I I I ............ ................... ...... ....... 9:00 a.m. - 5:00 p.m. Registration ...... ........ ......................... .......... ............ 9:00 a.m. - 12:00 p.m. CASA Executive Board & Budget Meetings ............. ...... ....... 12:00 p.m. -1:00 p.m. Lunch - On Your Own, or Burn Off Your FOG with Roland Williams -- Sign up for a lunchtime workout. ......... * ............................ * ...... 1:30 p.m. - 4:00 p.m. Joint 104ectors & Managers Session - Directors Chair Jean Mariani, Novato Sanitary District - Managers Chair Ed McCormick, East Bay Municipal Utility District - Directors Vice Chair Peer Swan, Irvine Ranch Water District - Managers Vice Chair Traci Minamide, City of Los Angeles, Bureau of Sanitation 1:45 p.m. - 2:45 p.m. Bay Area Community College Operator Training Program Roundtable Discussion SpeakersIGuests Invited) Chad Davisson, Wastewater Manager, City of Richmond Amy Chastain, BACWA Executive Director Program OGraduate" Working at a CASA Member Agency Current Student in the Program 2:45 p.m. - 3:00 p.m. "Networking/Plant Influent Production" Break 3.00 p.m. - 4:00 p.m. California PubIic Pensions Ira Summer, Public Pension Professionals .................................... 4.00 p.m. - 5:30 pm. Associates Committee Meeting - Chair Vivian Housen, West Yost Associated - Vice Chair Dave Bechtel, Lee & Ro .................. 5:30 p.m. - 6:30 p.m. President's Welcome Reception 7:30 a.m. - 9:00 a.m. Continental Breakfast .............. 7:30 a.m,- 5:00 pm., Registration ................ ....... ........ ........ ............ 7:30 a.m. - 8:30 am. Federal Legislative Committee Meeting - Chair Ann Farrell, Central Contra Costa Sanitary District - Vice Chair Michael Gold, Orange County Sanitation District .......... ............ ..... I . ......... ............ 8.30 a.m. -1200: p.m. - TECHNICAL SESSION - Air Forum Chair Lisa RothbK Orange County Sanitation District - Air Forum Vice Chair Omar Mogahaddam, City of Los Angeles, Bureau of Sanitation - Land Forum Chair Mike Sullivan, Los Angeles County Sanitation Districts - Land Forum Vice Chair Ruben Robles, Sacramento Regional County Sanitation District - Water Qua/0 Forum Chair Laura Pagano, San Francisco Public Utilities Commission - Water Quality Forum Vice Chair Eld, Shalaby West County Wastewater District Has the Electric Avenue Taken Us Higher? A Retrospective of the Electronic Reporting System (eSMR) Perspectives from the State Water Board, a business consultant and a public agency, who will take a look at how well California's required Electronic Reporting System (eSMR) has lived up to its promise to simplify reporting and reduce costs, Regulatory Updates, - Biosolids, Water Quality, Climate Change Programs - Greg Kester, CASA Blosolids Program Manager - Roberta Larson, CASA Director of Legal and Regulatory Affairs - Zeynep Erdal, CWCCG Program Manager ................ 12:00 p.m. - 2:00 p.m. • CONFERENCE LUNCF1 EON 12:30 p.m. - 1:00 p.m. THURSDAY CONJINUED APRIL 26, 2012 2:15 p.m. — 4:30 p.m. - GENERAL SESSION 1st Vice President John Hoagland presiding 2:15 p.m. — 3:30 p.m. Recycled Water Opportunities and Challenges in a Changing Environment - Associates' Innovation Panel 3:30 p.m. — 3:45 p.m. - BREAK 4:05 p.m,. — 4:30 p.m. Performance Measumment Using "Fiffective Utility Management" Framework Napa Sanitation District, CASA Organizational Excellence AchievernentAward Winner - Jeff Tucker, Director of Administrative ServiceslChlef Financial Officer ..................... 5:30 pm. — 7:30 p.m. CSRMA Executive Board Meeting ............... 5:30 p.m. — 6:30 p.m. Wine Reception ­ Hotel Lobby ........... 1­ ............ .......... ........................ 8:00 P.M. —11:00 P.M. After Dark with Ed McCormick and the Sludgetories Band Come sing and dance to the classic rock tunes of the Sludgetones! Indulge in evening dessert and drink while listening to these talented musicians perform tunes that are fondly loved by the CASA. Come by 8:16 p.m. to hear CASA Past Presidents sing wastewater classics such as Woody Guthtie's"This Sludge is Your Sludge" and Jimmy Buffet's "Wastewaterville.' Other CASA members and Mends will join in the singing and music-making for audience sing-alongs from 8:15 to 9:15 p.m. From 9:30 to 11:00 p.im., put on your dancing shoes as the Sludgetones rock the house with 1960s to 1980s rock'n'roll and Motown, "We Love that Dirty Water .. CASA, you're my homel" All this fun is for a good cause. Enter the 50150 drawing to support the CASA Scholarship Program. 7:30 a.m. — 9:00 a.m. CSRMA Breakfast & Board of Directors Meeting ........... I ......... 7-30, a.m. —10 :00 a.m. Registration .......... ....... ........ 7:30 a.m. — 9:00 a.m. State I ogiMative Committee Meeting - Chair Jeff Moorhouse, Carpinteria Sanitary District - Vice Chair Terrie Mitchell, Sacramento Regional County Sanitation District .............. ............... 8:00 a.m. — 9:00 a.m. Communications Committee Meeting -Chair Michele McKinney Underwooct Western Municipal Water District - Vice Chair Jeff Reinhardt, Las Virgenes Municipal Water District .... I ... ­ I ..................... ........ ........... 8-00 am. — 9:00 a.m. Closing Breakfast ........... 1 1. 1 1. 1 ­ ...... 91:00 a.m. —10 :30 a.m. - CLOSING SESSION President Gary Darling presiding From the Vineyard to the Bottler Napa Valley Vintners Leading the Green Movement The Napa Valley Vintners is the non-profit trade association responsible for promoting and protecting the Napa Valley appellation as the premier winegrowing region, From seven founding members in 1944, today the association represents nearly 420 Napa Valley wineries and collectively is a leader in the world-wide wine Industry, Reports a President's Report ® Executive Director's Report e Regulatory Report a State Legislative Report a Washington, D.C. Report s Closing Remarks ® Adjourn .............. ......................... 12:00 p.m. -4 :00 p.m. Attorneys Committee Meeting Chair Carl PA, Nelson, Bold, Polisner, Maddow, Nelson & Judson Vice Chair Bradley R. Hogin, Woodrut Spradlin & smart IMPORTANT Make checks payable to: v $25 cancellation fee on or before Friday, April 13, 2012 CASA a No refunds after Friday, ApLHI L 15,_2012 1215 K Street, Suite 2290 ® Send a colleague if you cannot attend, please notify the office. Sacramento, CA 95814 tel:916-446-0388 fax: 916- 231 -2141 SAVE THE DA 11 NOW CSRMA Risk Management Seminar at CASA.. Sponsored by. California Sanitation Risk Management Authority (CSRMA) Sessions and'lbpics CSRMA Invites Board Members and Your Entire Management Team to: 8:00 a.m. - 8:30 a.m. Sewer Puri Station Confingency Manning and Sanitary Sewer Managemenit Phan (SSMP) lihequiremients Sewer pump station failures can result in catastrophic sewer overflows, as evidenced by several CSRMA claims. The State Water Resources Control Board understands this and has increased their scrutiny of an agency's preparation for such faHures. It's no longer good enough to have a general idea of the necessary response. SSMP requirements and sound risk management demand detailed pre-planning in order to expedite response because minutes lost equals gallons spilled. - David Patzer, CSRMA Risk Control Advisor 8:30 a.m. - 9:15 a.m. Workers' Compensation Legal Update Workers' Compensation is an ever-changing playing field. Participants will learn what is new in workers' compensation for 2011 and ways CSRMA Member agencies can contain workers' compensation costs. Participants will learn about which laws changed in 2011, the benefits of joining the CSRMA Medical Provider Network (MPN) and how they can make a difference in keeping their workers' compensation costs down. - Heather Truro, Csrma Worker's Compensation Advisor . - 1. 1. 1 I ­ I ...................... .......... ....... ........ 9:25 a.m. -10:40 a.m. Are You Ready for Your Close Up? ­ Understanding the Risk of Disregarding Media Relations Who at your agency is responsible for being "on camera" when the media arrives? Are they ready? Does your agency have a plan for staying "on message" when subjected to media scrutiny? This seminar will explore lessons learned from recent failures of a public agency to understand - and prepare for - their close up. - Michelle Murphy, President, InnoPro Performance Solutions 10.50 a.m. - 12:00, P.m. Employment Law Update Keeping pace with the latest changes and developments in employment law is your best defense in today's litigious workplacel A survey conducted by the Society for Human Resource Management reveals that more than half of employers have been sued In employment-related cases. It is more critical than ever to have the knowledge necessary to comply with federal and state employment laws to prevent costly and time consuming litigation. - Liebert Cassidy Whitmore, CSRMA`s Employment Practices Hotline service provider When Wednesday, April 25, 2012 7:00 a.m. -12:00 p,ni (registration and catered breakfast begins at 7.*00 a.m.) Where Marriott Napa Valley Hotel 3425 Solano Avenue Napa, CA Phone: (707) 263-8600 cost The seminar is free to all CSRMA members. There will be a nominal fee of $50 for all non-CSRMA members (Cash or check only, payable to CSRMA either In advance or at the door). How to Register Register via the Internet at: http.,Ilwww.sipeonlinstraining.com/Csrmal VlewSaminars.cfm Questions Please Contact David Patzer, CSRMA Risk Control Advisor at losscontrol @sbcglobal.net or at 707.373.9709 Please Note: It is important we have an accurate headcount prior to the date of the seminar to ensure that breakfast is available for those attending the seminar. Please take a moment to pre-register If you plan to attend. California Association of Sanitation Agencies 215K Street, Suite 2290 Sacramento CA 95814 California Association of Sanitation Agencies PRE, 9 1111111110 go ri"o, IN Z Z= To: Board of Directoil From: Scott Carroll, General Mana9PV;;:--A Date: March 22, 2012 M. • • Iv Summa To obtain a good understanding of solid waste issues within the District, staff has provided several narrative topics in this report that includes the following: 0 Brief history of CMSD * CR&R existing contract 0 2012 Solid Waste Rate Survey a Franchise fee a Proposed rate stabilization plan a CR&R Anaerobic Digestive System and Proposed Contract Extension That the Board of Directors receives and files this report and provides staff with directions regarding the proposed rate stabilization plan, CMSD History CMSD was incorporated in 1944, nine years before Costa Mesa became an incorporated city. According to a 1974 written interview transcript of Claire Nelson, one of the founding CMSD Board of Directors and the second mayor of Costa Mesa, CMSD was formed to provide trash collection and disposal services because the community did not have a legal place to dispose of trash. According to Mr. Nelson, residents were throwing box of cans in ditches where it would be washed away in the rain. q1rotecting our community's fieaftfi 6y providing solidwaste andsewer cof(ection services cmsdca.gov Board of Directors March 22, 2012 Page 2 of 1' 3 The City of Newport Beach had a landfill site near Costa Mesa, but would not accept trash from Costa Mesa because the landfill was filling up quickly, so the first thing CMSD accomplished was purchasing 2.5 acres of property between Monrovia Street and Whittier Avenue on W 19th Street to be used as a dump site. However, soon after establishing the dump site, CMSD had to remove the refuse from the site because an airport was being built nearby. According to Mr. Nelson when World War 11 ended, the dump site the Air Force used on Bristol and Newport became available to all Orange County cities and CMSD took advantage of this opportunity. It is not clear who did the trash collection in the early years of CMSD. Staff is assuming it was self hauled. In fact, the earliest evidence that a private company was providing trash collection and disposal services is from a 1984 written article titled "Costa Mesa Sanitary District Past and Present" from Bruce Mattern who was at that time the District Manager and the City's Public Services Director. In the 1980's Orco Disposal was providing solid waste services for CMSD. Orco Disposal continued providing solid waste services until 1994, when CMSD awarded a contract to Costa Mesa Disposal. Costa Mesa Disposal continued providing solid waste services until 2006 when CR&R acquired Costa Mesa Disposal. Staff was unable to find any documentation (e.g. minutes, staff report, RFPs, contracts, etc.) that CMSD solicited formal bid proposals from private solid waste companies. Staff did find in the June 11, 1992 Board of Director minutes that an attorney was contracted to write an RFP for solid waste; however, staff could not find copies of the RFP nor could we find the RFP results. In previous Board of Director minutes there is information about CMSD going to an automated collection system, which is the system currently in place. Staff did find the RFP for purchasing automated trash containers in which CMSD was responsible for acquiring, maintaining and replacing. The cost to purchase the containers was $2.2 million and was purchased from a company called Roto Industries. But, when it comes to soliciting RFP's for collecting and disposing trash within CMSD, due to no substantial evidence in CMSD's document management system, staff believes this function was never performed in the 68 years since CMSD was first incorporated. However, that does not mean laws were violated. Solid waste collection is a professional service that does not fall under the strict California public works contract code where it is state statute that bids be solicited and awarded to the lowest responsive bidder for construction projects. Trash collection service is not considered a construction project. RFP policies and procedures are established by local legislative bodies at their own discretion. CR&R Existing Contract In July 2006, CSMD entered into an agreement with CR&R after the company acquired Costa Mesa Disposal. Below are the key points to the agreement. Attachment "A" of this report is copy of CR&R's Agreement. Board of Directors March 22, 2012 Page 3 of 13 The term of the Agreement was originally a six year evergreen, but because CMSD required CR&R to purchase the automated containers the term was extended to ten years, ending, on 2016, to ensure CR&R gets a minimum of ten year return on their investment for purchasing the containers. "Upon the expiration of the 4th year of the Agreement, the Agreement will thereafter reverts to a six-year evergreen contract with the contract renewing so that there is a perpetual six-year term..." In other words, if CMSD decides to terminate the contract between the 51h and 10" year of the contract, the six year evergreen would apply (therefore the term would be for six years). For instance, if the contract is terminated in 2012 (6th year of the contract), the term of the Agreement would end on 2018. However, if CMSD does not give notice to terminate the Agreement, the term always remains at six (6) years and renews each year maintaining the six-year evergreen term.. J "! If CMSD terminates the Agreement before ten years, CMSD is required to pay CR&R the depreciation value of the containers. The depreciation value for the next remaining years of the Agreement is provided below: 2012 $867:,583.34 2013 $688,083.34 2014 $508,58334 2015 $329,083.34 2016 $149,583.34 When the contract was implemented in 2006, CR&R agreed to freeze the rates for one year. In fact, the rates have been frozen for the past six years! In addition, CR&R agreed to put certain limits in place so that CMISD's rates do not increase to unacceptable levels with a goal of achieving rates that are at least "average in the County". Later in this report, I will explain how CR&R is complying with this stipulation of the Agreement. CR&R agrees to provide education program with components designed to inform current and future residents of the details of the automated collection program including the procedure for using the containers and a list of special recycling programs currently available to residents. CR&R will produce flyers with this information and shall distribute to new residents upon request from CMSD. Copies of the flyer shall be made available to CMSD for staff distribution as appropriate and revisions to the flyer shall be made by CR&R when mutually deemed appropriate. CR&R is required to distribute the flyer to every residence served at least once every two years. In the last two years, such a flyer has not been distributed. Board of Directors March 22, 2012 Page 4 of 13 CR&R is required to continue collecting trash within 48 hours after disruption of service was due to severe weather, an act of God or failure of equipment. Labor dispute among CR&R's employees is not considered an excuse for nonperformance and CR&R is required to provide collection services within one week of any disruption due to labor strike, lock out, walk out, and/or boycott. Basic service shall be defined as two 60-gallon containers with additional containers being subject to additional charges. Residents that presently have two 90-gallon containers are "grandfathered" for the life of those containers. New service shall be entitled to two 60 gallon containers. Note: Some residents have 35 gallon containers. Listed below is the current inventory of automated containers in CMSD: 35 gallon 415 households 60 gallon 14,842 households 90 gallon 7,911 households Residents that have a third container will be charged $8.00 a month per container. In the first year of the Agreement, CR&R received 90% of the revenue from the additional container charge. Since then, staff has renegotiated with CR&R where 86% of the third container revenues now go to CMSD and 14% goes to CR&R. The third container charge is billed directly to the customer and CR&R issues payment to CMSD from the total revenues generated from this charge. Note: Below is the number of households that have three or more containers. 1,033 3 containers 34 4 containers 3 5 containers 8 6 containers 13 more than 6 containers For new single family or small multi - family (4 units or less) developments, a standard delivery charged for the automated container is applied. The charge is as follows: 35-gallon: $55.04 60-gallonk $6&041 910-galloin: $70.04 Board of Directors March 22, 2012 Page 5 of 13 However, new owners to existing development will not be charged a delivery fee. In fact, CR&R will not charge a delivery fee if anyone of the following occurs'. • Missing container • Damaged container • Request to exchange of container • Disability hardship/economic factor • Only one container and requesting a second one • Missing or stolen container after customer provides police report number CR&R's refuse trucks operating in CMSD must have the name "Costa Mesa Disposal Inc." plainly visible on the outside of their trucks. In addition, CR&R trucks must display an identification number on both sides and all the trucks must be in a clean appearance. CR&R has been complying with this stipulation of the Agreement, but recently, Board members and staff have been working with CR&R to display "Costa Mesa Sanitary District" instead of Costa Mesa Disposal. CR&R must have a display (banner) meeting the approval of CMSD. New signage must be purchased every two years if requested by CMSD and signs must be rotated at least once per quarter to promote the appropriate recycling programs (e.g, Christmas Tree recycling collection with dates). Recently, CR&R have been working with Board members and staff on creating such banners, but said banners have not been approved by the Board yet. CR&R must implement an environmentally friendly fuel program for its trucks in which CR&R has implemented a Compressed Natural Gas (CNG) program for its fleet. Currently, three refuse trucks servicing CMSD are CNG with plans to put into operations two more CNG refuse trucks in April 2012. Nine collection vehicles are needed to fullfil the contract. CR&R plans on having its entire fleet servicing CMSD to be operating on CNG by 2014. No solid waste shall be permitted to leak, fall or be spilled: upon streets or alleys or onto private property. Any such leakage or spillage shall be immediately corrected and the area cleaned by CR&R. Not too long ago, CMSD was receiving complaints about a CR&R truck leaking fluids onto Palmer Avenue alley. CR&R was very responsive by not only cleaning up the stains, but its supervisor would visit Palmer Avenue and physically watch the truck in its operations to try to find and locate the leakage. After the supervisor located the leakage, the vehicle was quickly taken off the route and immediately repaired. CR&R must report any accumulation of trash observed not put out for collection. If the container is too heavy, or cannot be picked up due to obstruction, such as vehicles, CR&R drivers will tag the container indlicating the Board of Directors March 22, 2012 Paae 6 of 13 reason why it was not picked up. Often, however, CR&R will return to the location at a later time of the day to pick up, and'! empty the trash container. For approximately 90 days each year, CR&R will engage in a telephone book recycling program where CR&R will provide at no cost to CMSD a minimum of twenty bins placed at locations selected by CMSD for the collection. CR&R agrees to empty the bins and report the tonnage collected to CMSD. This program has been modified where CR&R will now place bins at local schools participating in CMSD's Telephone Book Recycling Program For approximately twelve days, CR&R will provide, at no cost to CMSD, a curbside Christmas Tree Recycling Program where the green waste will be used as alternative daily cover at the landfill, biomass fuel or mulch. This is currently being performed by CR&R. At the request of the General Manager, CR&R shall provide up to twelve p,ick ups per year of excess boxes or household furnishings left at a location vacated by a resident at no cost to CMSD. In the last two years, this type of request has not been made by the General Manager, On December 15, 2011, the Board of Directors approved the First Amendment to the Agreement that allows residents to receive up to three large item pick ups per year and up to ten items per pick up can be placed out in the curb. Attachment "B" to this report is a copy of the First Amendment, CR&R must submit an annual review of other cities comparable trash collection rates and a justification of CR&R's rates as being reasonable. Attached to this report is the latest trash collection rates performed by CR&R. More information about trash rates is discussed further in this report. If the landfill tipping fee increases, CR&R has the right to request a meeting with the Board of Directors to negotiate the share, if any, the fee will be paid by CMSD. CMSD is under no obligation to agree paying CR&R for the fee increase. For the last two years, the tipping fees at the landfill have been increasing, but CR&R has not request a meeting with the Board of Directors. CR&R must provide to CMSD on a monthly basis a log of complaints from our residents that include any communications related to CR&R's performance of the agreement. To my knowledge, in the past two years staff has not seen such a log from CR&R. If the General Manager has to report out in the field to verify and/or rectify a failure of service on the part of CR&R in solid waste collection that was not rectified by the company, then CMSD can charge CR&R up to $500 for the service call. In the last two years, there has not been a need for the General Board of Directors March 22, 201' 2 Paae 7 of 13 Manager to rectify a problem in the field, so CMSD has not charged CR&R a service fee. CR&R shall appoint a designated person where anyone from CMSD can readily contact for information. CR&R has always appointed someone from their company as the contact person for CMSD. If CR&R's transfer station no longer provides the services as set out in the Agreement, than CMSD has the right to take its solid waste flow to another transfer station. If the distance to the new transfer station is more than 10% of the mileage to the Stanton transfer station, then CR&R is entitled to additional compensation. CR&R will participate in the education program required by AB939 either in money or services at the option of CMSD with the level of participation to be set by CMSD, and CR&R will provide reports as required by the District. Education Programs can take on many forms to comply with AB 939. It may include brochures, flyers, workshops, awards, newspaper ads, media campaign, field trips, websites, Facebook and Twitter. To comply with this stipulation of the Agreement, CR&R has allowed Costa Mesa school children to visit and tour their transfer station and material recovery facility. In addition, CR&R pays CMSD $10,000 a year to help produce and distribute educational materials. CR&R shall have the exclusive right to market all recycled material collected in CSIVID and they are entitled to any and all income derived from the sale of those recycling goods. CMSD shall have no claim to the value recyclable materials CR&R collects from CMSD households. CR&R must provide CMSD with an accounting of the revenues received from CMSD recycling, which they have done in the past. The last time CMSD staff has seen an accounting of the revenues was in 2010. CR&R agrees to divert 50% of CMSD waste from the landfill. CR&R must prepare and maintain appropriate documentation showing how the diversion is being met, which they do by submitting monthly recycling reports and waste diversion reports. Both reports are part of CMSD's Recycling Committee agenda that meets once a month. CR&R must guarantee that CMSD's rate is the most favorable rate given to any customer using service similar to CMSD. If CR&R negotiates a more favorable rate with any customer, that rate shall become the rate for the District. Currently, the only CR&R customer that has co-mingled collections is the City of Stanton. Stanton's full rate is $20.64 compared to CMSD's full rate of $19.95 and their net rate is 18.95 compared to CMSD's net rate of $16.96, so CMSD has the most favored rate. Board of Directors March 22, 2012 Page 8 of 13 CR&• must participate in AB 939 education programs by taking the following actions- 1 . Provide tours of their transfer station and material recovery facility. 2. Conduct one seminar per year 3. If requested by CMSD, CR&R must prepare and mail one brochure to each resident once every two years. CR&R is to pay for postage. 4. CR&R will contribute $10,000 a year to CMSD for the purpose of buying promotional materials, publishing brochures, and/or advertisements. 5. CR&R will provide cash donations to support local recycling efforts in the amount of $500 per year, 6. Once every three years, CR&R shall work with CMSD on providing curbside household hazardous waste (HHW) pickups. CR&R will contribute $10,000 a year to CMSD for HHW collection efforts. 7. CR&R will provide static displays of baled recyclables at the annual City of Costa Mesa Safety EXPO event and shall provide $200 for prizes. CMSD does receive $20,500 a year from CR&R for the actions, described above. In addition, CR&R provides tours of their facilities and they have provided baled recyclables at the City's Community Run where participates when cash prizes for guessing the number of recyclables in the bale. In the last two years, CR&R has not conducted a seminar, but once a topic is determined CR&R can complete this action. Also, CMSD has not requested CR&R to prepare and mail a brochure in the last two years. However, CMSD will be requesting this action after our Zero Waste Plan has been developed and ready for implementation. CR&R shall have an agreement in place throughout the term of the Agreement for composting or processing green waste with a properly licensed facility. This is being done at CR&R's MRF in Stanton. CR&R shall make available to CMSD its audited financial statement, which shall be performed annually and will include internal trail reports supporting financial statements. The financial statements, must show revenue derived from all recycled materials. CR&R financial statement will not become a public record and CMSD must use its best efforts to protect such information from becoming available to competitors. In the past two years CMSD staff have seen one financial statement from CR&R. CR&R will contribute $5,000 annually to CMSD for anti-scavenging program. Beginning in 2007, the contribution will increase or decrease yearly according to February to February Consumer Price Index. Since 2007, the contribution has increased by $347. Last year, CMSD used this contribution to purchase lockable containers. CR&R will keep trash containers free of graffiti and will provide identification for such trash containers if requested by residents. CMSD's code enforcement Board of Directors March 22, 2012 Page 9 of 13 officer has been working with CR&R on identifying trash cans with graffiti. Once, identified, CR&R takes immediate action to remove the graffiti. Upon request from CMSD, CR&R must provide a master manifest of CM SD's waste that must include disposal volumes, nature of the waste, transporter and disposal site. CR&R must also document all tonnages by truck identification number, route and date. All such records must be kept for 50 years. In the last two years, CMSD has not requested a master manifest from CR&R, but if the Board desires such copies, staff will make the request. a If warranted, staff can inspect and test the scales at CR&R's facility. CMSD will complete an annual performance review of CR&R and both sides will meet to discuss and resolve problems that may be occurring in the programs. The review will look at collection services as well as administrative services that include report preparation, accuracy, timeliness of transmittal, responsiveness to inquiries, database management, service levels and helpfulness. CMSD's operations manager was performing this function; however, after his departure a review of CR&R's performance has not been completed. CMSD has the right, at reasonable times, to audit any facet of CR&R's performance of the Agreement. The audit will include a right of access to the site and equipment used to perform the services, a right to access CR&R's financial books and records relating to the business operations and a right to an annual audit of the performance of the Agreement. CMSD can use an independent certified audit at CR&R's cost. The audit will also include CR&R's subsidiaries, I don't believe CMSD has ever audited CR&R. If the Board wishes to do so, then direct staff to work with CR&R on hiring an independent certified auditor to perform this function and report back to the Board with the auditor's findings. 21012 Solid Waste Rate Survey When CMSD entered into an agreement with CR&R in 2006, the District had the highest solid waste rates in Orange County. Because CMSD rates have been stable for the past six years and other agencies have been increasing their rates to accommodate landfill tipping fee increases and cost of living increases, CMSD no longer has the highest rates. Attachment C of this report is the latest solid waste rate survey that was conducted by CR&R. CMSD now ranks the sixth highest solid waste rates. The difference between CMSD rates and the ninth highest rate, Yorba Linda, is only fifty cents. In fact, the average solid waste rate in Orange County is $16.74 a difference of $3.21 from CMSD rates and the median solid waste rate in Orange County is $17.30 a difference of $2.65. CR&R also performed a net solid waste rate survey. The net rate is the true cost to paying a hauler for collecting and disposing refuse. The net rate excludes franchise Board of Directors March 22, 2012 Page 10 of 13 fees and other assessments that pays for special programs, local government salaries and benefits, professional services, overhead, etc. For CMSD, the net rate is $16.96, which ranks fourteenth out of thirty-four agencies in Orange County. The average net rate is $15.92 a difference of $1.04 from CMSD net rate and the median net rate is $16.64 a difference of $0.32. Because the net rate is the actual cost to pay for CR&R services, I believe CR&R is achieving the goal of the Agreement of having rates that are at least "average" in the County. Furthermore, with the difference of the average and median full rate being a few dollars, I believe CMSD rates can be considered competitive solid waste rates in Orange County. Franchise Fee When an organization awards an exclusive franchise agreement with a solid waste company, typically the organization is going to want something in return. Most municipalities will apply a franchise fee to the rate to help pay for salaries and benefits, overhead, special programs, etc. Franchise fees municipalities will apply vary from organization to organization. In Orange County, the franchise fees vary from 5% to a high of 15%. The franchise fee is a percentage of the haulers gross receipts from their customers. Most agencies have their exclusive franchise hauler bill directly to the customer for services. The percentage of the franchise fee is applied to the total revenues received from the receipts and then the hauler 'issues a payment check to the municipality. Typically, the franchise fee is applied to the different types of services such as residential, commercial and bin rentals (3-yard bins, roll-offs and low boys). When you combine all three types of services, the revenues municipalities receive from the franchise fee can be substantial. In Attachment D is a survey of the franchise fee revenues agencies receive for having an exclusive solid waste franchise agreement. Some of the agencies did not return our calls, but as you can see, some agencies generate substantial revenues from a franchise fee. There have been some previous reports and discussions that CMSID's franchise fee is between twelve to seventeen percent. I want to emphasize that CMSD does not receive a franchise fee from CR&R. CR&R does not give CMSD a payment for a percentage of the gross receipts. In fact, there are no gross receipts from GIVISID residential customers because service is not billed directly, but instead it's assessed on the property tax roll. As mentioned above, the CR&R's net rate is $16.96, which is a $2.99 difference from the full rate of $19.95. The difference of $2.99 is not a franchise fee nor is it an administrative fee. The $2.99 is an assessment to help pay for CMSD salaries and benefits, special programs such as sharps/pharmaceutical disposal program, HHW collections, large item collections, along with other services related to solid waste including professional services, equipment maintenance, utilities, etc. It is simply the cost of doing business. The $2.99 assessment generates $771,420 out of the $5,309,660 revenue budget for solid waste. Board of Directors March 22, 2012 Paae 1' 1 of 13 Proposed Rate Stabilization Plan For several years, CMSD has not been budgeting the small amount of property taxes CMSD receives for fear that Sacramento might raid special district's property taxes to balance their fiscal problems. CMSD receives approximately $200,000 a year in property taxes, which represents 2% of the District's total budget. Just like property taxes for cities, it is nondiscretionary funds that can be used to pay for any type of local government services. For CMSD, property tax revenues can be used for solid waste and/or sewer expenditures. There are several options to consider for approving a rate stabilization plan. Option 1: CMSD uses $150,000 of property taxes to offset the assessment revenues of $771,420 ($2.99 assessment), Applying property taxes to pay for solid waste related expenditures will reduce the rates to $19.30 a month, which will make CMSD the 8th highest rate in Orange County. As seen in the Solid Waste Fund budget projections (Attachment E), by 2014-15, the Solid Waste Fund will experience a small deficit and that deficit will continue to grow in the proceeding years. As you know, CMSD has a very healthy unreserved fund balance of over $4.6 million. The recommendation is to use the unreserved fund to balance the deficit. This will allow the new lower rate of $19.30 to be stabilized for the remaining 10, years (four years remaining on the term plus six year evergreen) of CR&R's Agreement, assuming the Board decides to terminate the Agreement on the tenth year of the Agreement. In 2021-22, CMSD will still have a healthy unreserved fund balance of $3,765,120. In essence, CMSD would not have a rate increase in 16 years! Option 2: If you want to achieve a high diversion rate of at least 83%, CR&R is going to be operating a state of the art anaerobic digestive (AD) system by July 2014, More about the conversion technology will be presented to you tonight by CR&R officials, but needless to say, CR&R is going to want some type of commitment from CMSD for using this innovative technology. CR&R has indicated that it wouild cost an additional $1.00 per household to achieve an 83% diversion by using their AD. In Option 2, CMSD would use $150,000 in property taxes to offset assessment revenues and unreserved fund balance to offset the additional cost to use the AD. In staff's analysis we used an assumption that the AD will cost $1.50 more per household. As you can see in Attachment F, rates would be lowered to $19.30 for the first two years and then it would increase to the original rate of $19.95. However, if CMSD continues to use the unreserved fund balance, the $19.95 rate will be stabilized for the next twelve years and then if the Board chooses to do so, begin, soliciting bids to possibly lower rates. If you include the two years that had a rate decrease along with the six previous rate stabilized years, in essence, CMSD will not have a rate increase for 20 years! The drawback to this option is that CMSD would have to conduct a Prop 218 hearing to increase the rates from $19.30 to $19.95. There is a small cost associated with the preparation of Prop 218 hearings (printing and mailing notifications) at $5,000 to $10,000. Board of Directors March 22, 2012 Page 12 of 13 Option 3: Option 3 would be identical to Option 2, but with the following difference. Next fiscal year CMSD will lower the rates to $19,.85 and as you can see in Attachment G, the rate will be stabilized for the next fourteen years. This option avoids Prop 218 hearings and when you consider the rates have been stabled for the past six years, this option will give CMSD a rate stabilization plan for 20 years! I believe no organization in Orange County or probably the entire State of California can mention they have a 20 year rate stabilization: plan. There are some benefits to Option 3, which, are as follows: 1. Sold waste rates are lowered; 2. Achieve one of the highest diversion rates in California (83% or higher); 3. Solid waste rates stabilized for 20 years; 4. After several yeas Solid waste rates will be more aligned to the average and median rates in Orange County CR&R Anaerobic Digestive System and Proposed Contract Extension Attachment H of this report is a proposed change to the Agreement between CR&R and CMSD. CR&R officials will be present at tonight's meeting to further discuss the proposal and to answer any questions Board members may have. Strategic Element & Goal This item supports achieving the objective and strategy of Strategic Element No 2.0, Solid Waste, which states: Objective: Our objective is to manage the collection and recycling of residential trash in the most economical and environmentally friendly way. Strategy: We will do this by looking for ways to improve efficiencies, achieve high customer satisfaction, and considering prudent new recycling methods. District Counsel reviewed the Agreement between CR&R and CMSD. Financial Review Implementing Option 2 or 3 of the Rate Stabilization Plan will significantly reduce the amount of funds in the Solid Waste Unreserved Fund Balance, In twelve years, the Uneserved Fund Balance would be reduced from $4,613,790 in 2014-15 to $16,530 in 2025-26. Committee Recommendation Not applicable Board of Directors March 22, 2012 Page 13 of 13 . # 1 • Copies of this report are on file and will be included with the entire agenda packet for the March 22, 2012 Board of Directors regular meeting at District Headquarters and on District's website. Alternative Actions 1. Do nothing and refer the matter back to staff. 2. Implement Option 1 of the Rate Stabilization Plan. 3. Implement Option 2 of the Rate Stabilization Plan and authorize staff to negotiate with CR&R on extending the Agreement to end on 2025-26. Reviewed by: Teresa Gonzalez Accounting Manager Attachments A: B: C. D,: E: F: G., H: CR&R Agreement First Amendment to CR&R Agreement 2012 Solid Waste Survey Franchise Fee Revenue Survey Option 1 — Rate Stabilization Plan Option 2 - Rate Stabilization Plan Option 3 — Rate Stabilization Plan CR&R's Proposed Amendment to Agreement Attachment A M This AGREEMENT is made and entered into.this 246day of CIL 2006 by and between the Costa Mesa Sanitary District of Orange County, California, hereinafter referred to as 'DISTRICT", and CR&R, Incorporated, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, DISTRICT is a California Sanitary District organized and existing under the authority of Health and Safety Code Section 6400 Lt M.; and WHEREAS, Costa Mesa Disposal Incorporated (hereinafter "CMD") is a California corporation which was awarded and operated the exclusive franchise for single-family and small multi family residents utilizing curb side trash collection within DISTRICT's boundaries; and WHEREAS, CR Transfer Incorporated (hereinafter TRT") is a California corporation that operates a recycling facility and transfer station at 11292 Western Avenue, Stanton, California; M WHEREAS CR&R owns 100% of the stock of CRT; and WHEREAS, CR&R purchased 100% of the CMD stock; and WHEREAS, as a result of CONTRACTOR's purchase of 100% of CMD's stock, CMD 11 11 11 11 111 1 1 111;;!Iiij�IIIIIIIIII�1111 1, �Ii 11�1 11111r�j 1111111,211111 contract for itself and CRT and CMD (hereinafter sometimes referred to as its wholly-owned subsidiaries), and collectively referred to as "CONTRACTOR"; and WHEREAS, DISTRICT has in effect previous contracts with CMD and CRT; and WHEREAS, the DISTRICT currently has an agreement and four addenda dated June 9, 1994, June 18, 1997, April 20, 2001, and December 11, 2001 with CMD for trash collection, hauling, special services, and support of DISTRICT programs; and 11 WHEREAS, DISTRICT also has an agreement with CRT dated July 1, 2002 for recycling services; and WHEREAS, DISTRICT also has a Franchise Hauler and Transfer Station Acknowledgement dated April 10, 1997 with CMD and CRT that reflects the DISTRICT's waste disposal agreement With the Orange County Integrated Waste Management Department; and WHEREAS, there is no longer a legal relationship between CMD and Roto Industries, and Roto Industries solid the DISTRICT its standardized trash containers; and written permission from the DISTRICT prior to providing fully automated trash collection; and WHEREAS, fully automated trash collection is faster, more efficient, and safer for drivers, resulting in greater worker safety and satisfaction and faster collection for residents; and WHEREAS, workers' compensation costs are greatly reduced because fully automated trash collection results in a decrease of industrially related injuries; and WHEREAS, labor intensity is greatly reduced eliminating man hours required to perform the collection:, which should result in decreased labor costs; and WHEREAS, fully automated trash collection Is safer, for local traffic because the driver is not exiting the truck into the street, and safer for pedestrians and bicycle riders because the trucks will be spending less time on the street; and 01 E VMN IMF III ��� # costs allows CONTRACTOR to offer the service and a complete support program at no cost to the DISTRICT and may lower future rates; and WHEREAS, DISTRICT and CONTRACTOR recognize that changes of circumstances miake it necessary that the terms of the prior agreements and amendments to those agreements between DISTRICT and CMD and CRT be consolidated and updated in recognition of the 2 trash collection method to the.fully automated method; and WHEREAS, this contract is entered into in furtherance of the concern of the State of Califomia and the CIVISD for the public health, safety and well being of its citizens as expressed particularly in Sections 40002, 40058, 40059, and 49510 of the Public Resources Code of the State of Callfomla, as these sections relate to CMSD authority in the matter of Solid waste enterprises and the collection and disposal of solid waste; and WHEREAS, CONTRACTOR may perform some of the duties set forth in this contract through its wholly-owned subsidiaries but does agree-to remain ultimately responsible for each duty described herein; and WHEREAS, DISTRICT and CONTRACTOR have further been negotiating to reduce DISTRICT's rates to its customers, and desires to freeze its rates for one (1) year and put certain limits in place so that DISTRICT's rates do not increase to unacceptable levels with a goal of achieving rates that are at least "average" in the County; and WHEREAS, DISTRICT also desires to remove itself from the trash container ownership and management obligations that currently exists, and desires to sell its existing containers to CONTRACTOR and terminate the existing lease/purchase agreement that it has with Municipal Finance Corporation; and WHEREAS, in consideration of the above, DISTRICT is willing to cooperate with CONTRACTOR in instituting variable rate trash container charge for containers over and above the basic service provided by DISTRICT and charged to its customers through the annual tax rolls; and 9 WHEREAS, DISTRICT is further willing to agree to provide CONTRACTOR with an additional four-year term to said contract that will rove to the existing six-year evergreen'clause upon the expiration of the initial four-year term; .terformed and to be performed, DISTRICT and CONTRACTOR agree as follows: COMMON PRQVISIONS 1. Scope of Work. CONTRACTOR agrees to furnish all labor, material and equipmel necessary for the collection of all solid waste as hereinafter defined from single family dwellings and multi- family dwellings using curbside service within the boundaries of the DISTRICT except certain residences in the geographical limits of the City of Newport Beach, as said boundaries now exist or may hereafter exist and the disposal of such solid waste as hereinafter provided. CONTRACTOR further agrees to provide containers for all single-family and small multi family residents utilizing curb side collection inside DISTRICT as provided hereinafter in this AGREEMENT. CONTRACTOR further agrees to provide transfer station services for the acceptance of Solid Waste from DISTRICT for the purpose of recovery -and reclamation of recyclable materials and the transfer of un-recyclable residue to Orange County landfill sites, as hereinafter provided or otherwise as the DISTRICT may direct. 2. Corrigensati n. In consideration of the aforesaid things to be done by CONTRACTOR, DISTRICT agrees to pay CONTRACTOR the consideration set forth in Exhibit "A" and paragraph 11. 3. Term. The basic term of this AGREEMENT shall be six (6) years. However, because of the new consideration provided to the DISTRICT in the form of the purchase of the DISTRICT's trash containers and the management of that program,, the first term of the AGREEMENT shall be ten. (10) years. Upon the expiration of the fourth year of that term, the AGREEMENT will thereafter revert to a six-year "evergreen" contract with the contract renewing so that there is a 4 f perpetual six-year term unless said term is terminated as described herein. Said six-year term may be terminated at any time and without cause by the giving of notice of termination, in which case the agreement will terminate six (6) years thereafter, Said agreement may also be terminated for cause at any time in accordance with paragraphs 52 or 55 herein. 4. Definitions. 1) A single living unit per Assessor's parcel — one occupancy. 2) Multiple living units per Assessor's parcel — first Wing unit — one occupancy; each additional living unit —one occupancy. 3) Mobile home lots per Assessor's parcel — one occupancy per trailer lot, B. Initial 00unancy Calculation. The Occupancy for which CONTRACTOR will be compensated shall be determined from the special assessment roll for each fiscal year of July 1 through June 30 as the same is maintained on file in the DISTRICT office as the basic Occupancy, and will be readjusted annually based upon the special assessment roll for each The Occupancy count shall be increased or decreased monthly and it is understood and agreed by and between the parties hereto that said increase or decrease will be determined by CONTRACTOR on a continual basis based on a field survey of the residences .that are provided service. CONTRACTOR shall provide DISTRICT a written account of the monthly additions and deletions to the occupancy count. The occupancy count may be affected by occupancy permits and demolition permits issued by the building department of the City of Costa Mesa or other entity having such jurisdiction within the DISTRICT. The Occupancy count may also be increased whenever CONTRACTOR is able to determine to the satisfaction of DISTRICT that any parcel coming within the exemptions as hereinafter set forth is no longer exempt and that CONT13ACTOR is in fact actively engaged in the weekly collection of trash from said Occupancy. A C. QggUpangy Exemption-s. The following properties may be exempt from charges: 1) With respect to solid waste charges, certain property both within the boundaries of the DISTRICT and within the City of Newport Beach, (Certain property inside the DISTRICT and inside the City of Newport Beach receives service from the City of Newport Beach while other property inside the DISTRICT and inside the City of Newport Beach receives service from the DISTRICT.) 2) With respect to solid waste charges, multiple residential properties including mobile home parks contracting for or using private services and having qualified for DISTRICT exemption. 3) Undeveloped parcels until one or more living units are constructed thereon. 4) Parcels incapable of generating Solid Waste as defined herein. 5) Parcels with improvements requiring a type of service unavailable from CONTRACTOR. 6) Those parcels, which have applied for and been granted an exemption by DISTRICT, in accordance with DISTRICT rules and regulations. 7) Those parcels, irrespective of zoning, which are subject to commercial and industrial use. D. Solid Waste. Solid Waste shall be as defined in Section 40191 of the Public Resources Code as may from time to time be amended With the exceptions as set forth herein, and includes all "trash" as defined in the Costa Mesa Sanitary District Operations Code providing further that Solid Waste shall not include large item pickup provided for elsewhere in this AGREEMENT. Solid Waste shall include Christmas trees and telephone books not disposed of by separate event provided for elsewhere in this AGREEMENT. 5. Corvorate Structure. CONTRACTOR shall provide DISTRICT with the Articles of Incorporation, Bylaws and Stock Register, or equivalent, showing ownership for all entities 0 involved in providing services under this contract, and shall promptly provide District with any amendments thereto. On the anniversary date of the AGREEMENT, DISTRICT shall be provided with the latest Annual Statements of Domestic Stock Corporation as filed with the state. CONTRACTOR shall provide DISTRICT with an organization chart showing all related corporate entities providing services or having any interest in this AGREEMENT, showing the Board of Directors, Officers, Key Employees and ownership of assets. TRASH COLLECTION.SERVICES 6. Conversion, to gull v Autornated.Trasb Collection Service. DISTRICT agrees to permit CONTRACTOR to convert to fully automated trash collection service. CONTRACTOR and DISTRICT agree to work together in a cooperative manner to institute a successful and comprehensive fully automated trash collection program for residents of the DISTRICT. CONTRACTOR shall provide an education program with components designed to info lu current and future residents of the details of the fully automated'program including the procedure for using fully automated containers and a list of the special recycling programs currently available to residents. CONTRACTOR shall produce a flyer explaining the above information and shall distribute the flyer to each residence served in the DISTRICT. Thereafter, copies of the flyer shall be distributed to new residents upon request of the DISTRICT for a new resident. Copies of the flyer shall be made available to DISTRICT staff for distribution as appropriate and revisions to the flyer shall be made by CONTRACTOR when mutually deemed appropriate. CONTRACTOR shall distribute the flyer to every residence served at least once every two years. 7. Freauencv of Collection CONTRACTOR shall collect all Solid Waste from its respective residential areas once each week. "Residential Areal' is defined generally as any area located within the DISTRICT zoned for residential or agricultural use by the government body having jurisdiction over such area and used for residential purposes. 7 e t� O Tim A. Initial Sche_dylo Beginning with the data hereof, the existing routes, schedules and times for the collection of solid waste shall be maintained and continued by CONTRACTOR. B. From time to time during the period of this AGREEMENT, the Manager of DISTRICT may change the existing routes and schedules and time of collection and CONTRACTOR shall thereupon maintain such new schedule, The Manager of DISTRICT shall have the right at all times during the term of this AGREEMENT to require CONTRACTOR to maintain routes, schedules and tunes for collection of Solid Waste as required by said Manager. All notices required to be given pursuant to this AGREEMENT shall be given by CONTRACTOR at its own expense. 9. Days/Hours of Coll coon. The DISTRICT Manager shall have the right to direct CONTRACTOR to collect Solid Waste at scheduled hours that said Manager finds would not constitute a nuisance to the -neighborhood. Collection of Solid Waste shall not be made on Sunday. Collection of Solid Waste shall not be required on the following legal holidays": New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas, except in cases of emergency or as otherwise required by DISTRICT. Whenever a regular collection falls on such holiday, the collection shall be made on the following working day, and collections throughout the DI I STRICT shall become current within one week thereafter. 10. Disruption of Sch A. Hoiiday.,QQ]Lqctlon. Collection on holidays not set forth in Paragraph 9 must be collected on the regularly scheduled day unless DISTRICT Manager authorizes otherwise, B. DisruMlon. In the event of a disruption of service in any area due to weather, an act of God, failure of equipment or otherwise, CONTRACTOR shall make such collection within N forty-eight (48) hours. Labor disputes shall not be considered as excuses for nonperformance hereunder as defined in Section 1511, California Civil Code and CONTRACTOR shall provide for Solid Waste collection service within one week of any disruption due to strike, lock-out, walk- C. Continuation of Service after Disruption. In no event shall CONTRACT013 disturb the remaining schedule for Solid Waste collection or pickup. On the holiday mentioned, and in the event of a disruption of service by reason of an act of God, or otherwise, the regular schedule shall be maintained 'within one week and the missed pickup shall be made without disturbing in any way the rest of the regular schedule. D. Notice of Labor Disputes. CONTRACTOR shall forthwith advise DISTRICT in writing at the time any negotiations are undertaken between CONTRACTOR and its employees relating to wages and benefits and CONTRACTOR shall be obligated to report the status of said negotiations from time to time in a frequency established by DISTRICT, which said frequency shall not be burdensome upon CONTRACTOR but shall be sufficient to advise DISTRICT of the status of said negotiations including any pending strike; lock-out, walk-out, boycott or other labor dispute. CONTRACTOR may also be required, at the option of DISTRICT, to provide DISTRICT in writing with CONTRACTOR'S plan of procedure to serve DISTRICT in the event of a disruption of service by labor dispute. 11. Containers. CONTRACTOR shall purchase all trash containers presently being purchased by DISTRICT and shall thereafter maintain, a trash container program for DISTRICT's single-family residential customers w[th containers that are approved by DISTRICT. The details of the container purchase and management by CONTRACTOR are as follows: A. Purchase. CONTRACTOR shall pay to DISTRICT the sum of $1,795,000 by noon, Monday, July 24, 2006 by were transfer. DISTRICT shall hold said sum in trust for CONTRACTOR until DISTRICT terminates the lease and transfers title to the containers to CONTRACTOR. Those containers shall be described in the draft Bill of Sale attached hereto. if DISTRICT cannot transfer title to CONTRACTOR, or an alternate agreement cannot be reached, DISTRICT shall return said money to CONTRACTOR. Until said title transfers, CONTRACTOR shall be entitled to any interest collected on said sum. DISTRICT shall cause the lease With Municipal Finance Corporation to be paid off and shall take such further actions necessary to purchase the containers. Upon obtaining ownership of the containers, DISTRICT shall cause transfer of ownership of the containers described in the draft Bill of Sale attached hereto to be made to CONTRACTOR. DISTRICT shall further transfer any and all warranties that it possesses to CONTRACTOR. B. Maintenance. CONTRACTOR shall upon transfer of the containers by DISTRICT, provide and maintain the containers for all of DISTRICTs residential customers. Said maintenance obligation shall be met if CONTRACTOR provides at least two containers similar to those currently provided to each single-family residence. Basic service shall be defined as two 60-gallon containers with additional containers being subject to additional charges. Those residents that presently have two 90-gallon containers shall be "grandfathered" for the life of those containers. New service shall be entitled to two 60-gallon containers. Service over and above the basic service shall pay an additional container charge as described below. CONTRACTOR shall provide a bond or other security, including U.C.C. filing or lien rights, in an amount approved by DISTRICT to guarantee CONTRACTOR's performance of said container management program for a ton-year period, which may be in addition to the bond provided for in Paragraph 44. C. Container ChaEgeg. A container charge shall be implemented for "additional" containers (third or more) at a rate of $8 per container per month, or as the parties may later agree, said charge includes the cost of the containers. Charges for new and replacement containers shall be in accordance with DISTRICT's current policy or as the parties may agree in writing. 17C DfSTRICT's current policy is as follows: DISTRICT charges for containers fall under the following conditions and 1. Standard charges based on gallon size of container (subjectto increase as actual cost increases): a.35-gallon: $55.00 b. 60-gallon: $60,010 2. Now customer (Development): a. New owners/New residence: Standard charge for containers as specified above. 3. Existing customer a. New owners /Existing residence and missing containers): No charge. b. Damaged container(s): No charge. Replaced free of charge under manufacturer's warranty. c. Exchange of container(s): No charge. d. Disability hardship/economic factor No charge,, within reason. e, Only one container and requesting a second container: No charge. f,. Missing/Stolen container(s): No charge when customer provides police report number. Billing for new and replacement containers shall be by CONTRACTOR and the proceeds thereof shall be the property of CONTRACTOR. Billing for "additional" containers shall be by CONTRACTOR or an independent bonded billing service, as DISTRICT may direct, with all proceeds paid to DISTRICT forthwith. For the first year, CONTRACTOR shall be entitled to 11 90% of the money collected from the "additional" container charge. Revenue generated from said billings shall be DISTRICT's sole revenue to be used at the discretion of DISTRICT. Prior to the 2007-08 Budget Year Review, and every other year thereafter throughout the term of this AGREEMENT, DISTRICT and CONTRACTOR shall review in good faith the status of the "Additional" Container Charge Program. This review shall include, but is not limited to the following: total revenues generated and distributed between parties relative to establishing rate stabilization and the stated goal of charging an average rate for customers of that charged within the County, CONTRACTOR costs of administering and operating the Program, as well as a review of customer overall -satisfaction. D. RepuEchase Guarantee. In consideration of CONTRACTOR's purchase of the containers from DISTRICT, DISTRICT agrees that if DISTRICT terminates the contract for any reason before the expiration of ten (10) years from the effective date of this AGREEMENT, DISTRICT guarantees that it will repay CONTRACTOR for the depreciated value of the containers in accordance with how depreciation was calculated for CONTRACTOR's purchase. Upon payment, CONTRACTOR shall transfertitle and all warranties back to DISTRICT. 12. QgntractorsEggiW—ent. CONTRACTOR Shall provide adequate equipment for the collection of solid waste. Each vehicle used for the collection of Solid Waste shall have the name Costa Mesa Disposal Inc., plainly visible on the outside of said vehicle for the purpose of identification. All vehicles used for collection shall also prominently display an identification number on both sides of the vehicle. CONTRACTOR's trucks shall have a clean appearance, shall be driven, in compliance'with the Vehicle Code, and shall have a display meeting the approval of the DISTRICT, New signage shall be purchased every two (2) years if requested by DISTRICT. In addition, CONTRACTOR will rotate the signage at least once per quarter to promote the appropriate recycling program (i.e. Christmas Tree recycling collection with dates), special program (i.e. electronic waste collection event, date and iocafton) or as DISTRICT may request. H CONTRACTOR shall apprise the DISTRICT of the type of fuel used by each truck in the fleet assigned to the DISTRICT along with the status of legislation or court cases regarding the use of environmentally safer fuels. In accordance with current legal requirements pertaining to fleet requirements, CONTRACTOR Will implement an environmentally friendly fuel program for its trucks. All equipment used for collection of Solid Waste shall I be enclosed to. ensure that Solid Waste is not spilled on streets and private property.. CONTRACTOR shall comply with all requirements of the Vehicle Code, Health Department and the District Operations Code and all equipment used for collection of Solid Waste shall be watertight and shall be covered with suitable waterproof tarpaulins, metal covers or other satisfactory covers. No Solid Waste shall be permitted to leak, fall or be spilled upon streets or alleys or onto private property. Any such leakage or spillage shall be immediately corrected and the area cleaned by CONTRACTOR. CONTRACTOR shall provide DISTRICT with a list of all trucks and other vehicles including identification numbers to perform this agreement. All equipment used by CONTRACTOR for the collection of Solid Waste, pursuant to this AGREEMENT, shall be subject to inspection by the Manager of DISTRICT or designee and any defects in such equipment found to exist shall be Immediately corrected by CONTRACTOR. 13. LiLnitations on Solid Was Wlectiori. CONTRACTOR shall not be obligated to collect Solid Waste in the following cases: A. Where the Solid Waste is not placed in an adequate container. 'CAdequate container shall be any container approved by the DISTRICT from time to time as set forth in the B. in addition to the foregoing, reference is hereby made to the rules and regulations adopted by DISTRICT, for the collection of Solid Waste and regulations as set forth in the DISTRICT's Operations Code, as the same way be amended, and are incorporated herein as a part of this AGREEMENT. 13 14. J=L&qgu�l Accumulation. CONTRACTOR shall report any accumulation of trash observed not put out for collection. A. Telephone Directories - Annually. DISTRICT for approximately ninety (90) days each year engages in a telephone directory recycling program in conjunction with the AT&T Directory, publisher of the directory. CONTRACTOR agrees that it will, without cost to DISTRICT or the directory publisher, for so long as the program exists yearly, provide no less than twenty (20) bins, and as many more as may be needed from time to time placed at locations selected by DISTRICT for the collection of said directories. CONTRACTOR further agrees to service said bins as they fill, to count and report the contents to DISTRICT, and to periodically transport them to CRT'S recycling facility in Stanton or to such other recycling ! center as may be designated by DISTRICT, at no cost to DISTRICT. B. Christmag Trees-Annually. DISTRICT conducts an annual Christmas tree recycling program for Occupants within DISTRICT. CONTRACTOR agrees that it will, for a period of approximately twelve (12) days, without cost to DISTRICT, so long as the program is in effect, make a daily pickup of trees placed at curbside and will transport the trees to a location within the DISTRICT selected by DISTRICT for recycling into alternative daily cover,' biomass fuel or mulch. As an option, DISTRICT may choose to have CONTRACTOR dispose of said trees through its green waste program. C. Excess Boxes & Household Furnishbgs CONTRACTOR shall provide up to twelve (12) pick-ups per year of excess boxes or household furnishings left at a location vacated by a resident. The service shall be provided at no charge if requested by either the Assistant Manager or Manager of the DISTRICT. D. La[ge, item Pickug. , DISTRICT conducts programs for pickup of large items not normally eligible to be picked up as part of this AGREEMENT. Large Item Program includes annual summer collection plus one call-in per residence per calendar year. As part of this 14 AGREEMENT, and for the consideration set forth herein, CONTRACTOR will provide for the pickup of discarded mattresses, refrigerators, water heaters, washers, driers, sofas, stoves, tables, lumber of not more than four (4) feet in length, and other furniture and appliances on an annual basis. CONTRACTOR will not be required to pickup tires, tree limbs, asphalt, car bodies, chemicals, hazardous waste, concrete, oil drums, paint cans, building materials or soil. CONTRACTOR shall provide written notification to residents of DISTRICT of services to be provided no fewer than ton (10) working days prior to commencing such service. Notices of such service shall he either delivered by hand to each resident in person or placed on the door of each residence. The notices delivered to residents by CONTRACTOR shall contain CONTRACTOR's name and business telephone number. The notices shall specify those articles, which will and will not be collected, Large Item Program includes annual summer collection plus one call-in per residence per calendar year. CONTRACTOR pays all costs except landfill fees, which DISTRICT pays. Metallic or white goods shall be collected in a separate truck and taken to a reaycler with the salvage value paid to DISTRICT. Additionally, CONTRACTOR may be required to provide additional large item collections, not to exceed five per month, at the request and discretion of DISTRICT. Such Items shall be collected Within five days of the request by DISTRICT. 16. Pa ent for Trash "Collection" Services, As compensation for the performance by CONTRACTOR of the Trash Collection .and related Work as set out in this AGREEMENT, DISTRICT shall pay to CONTRACTOR each calendar month during the term of this AGREEMENT the rate specified in Exhibit "A" attached hereto. DISTRICT agrees to promptly process CONTRACTOR'S invoices, which shall be -supported by weight tickets. 17. Occuognp ,y Count. DISTRICT shall prepare and utilize an assessor's parcel based list for CONTRACTOR to conduct its occupancy counts. CONTRACTOR agrees to continually update the monthly occupancy count. Contractor payment shall be based upon occupancy count as approved by the Board of Directors each month, W, 18.. Jggtff gg&n 9f Rates. CONTRACTOR shall submit an annual review of other cities' comparable trash collection rates and a justification of CONTRACTOR's rates as being reasonable. Said review shall be made a part of CONTRACTOR's annual performance review. 19. Landfill Charges. In the event the County of Orange imposes a new charge by the day, or by the ton, or upon each truck, or upon each company for the privilege of disposing of solid waste in the County facilities, CONTRACTOR shall have the right to request a meeting with the Board of DISTRICT for the purpose of -negotiating with said Board to determine what share, if any, of said charge shall be paid by DISTRICT. The agreement to negotiate by DISTRICT is not to be regarded by CONTRACTOR as a commitment on the part of DISTRICT to pay any portion of said landfill charge imposed by County of Orange, and DISTRICT will be obligated to. pay only that portion, if any, of said landfill charges that are determined as the result of the negotiations as provided for herein. 20. Custo_Mer Satisfgoion. CONTRACTOR shall strive to make customer satisfaction its number one priority. CONTRACTOR shall employ an Operations Manager, to be approved by DISTRICT, to be assigned to the DISTRICT operation, to oversee the work and to handle complaints arising from the operation pursuant to this AGREEMENT. Said Operations Manager shall be assigned full time to the DISTRICT and his entire expenses shall be paid by CONTRACTOR. 21. Off ice Hours. Office hours shall be at least 8.00 a.m. to 5:00 p.m., Monday — Friday, excluding holidays. A responsible and qualified person shall be available by phone, toll -free, ,during all regular hours. Services shall be adequate to handle all calls on the busiest days. A recorder with voice mail message with next business day follow up shall be available for after hours calls. 22. ComDlaints. CONTRACTOR shall provide its log of complaints received to DISTRICT on a monthly basis. CONTRACTOR shall also provide DISTRICT with a copy of any report, In complaint, pleading or any other communication related to CONTRACTOR's performance of the AGREEMENT, 23. ILana-qer as Aggrit. DISTRICT hereby designates the Manager of DISTRICT, as its agent for the purpose of receiving complaints and investigating and rectifying failures of service to the extent CONTRACTOR has not satisfied a customer. DISTRICT shall have the right to charge CONTRACTOR for each service call, as hereinafter defined, made by Manager of said DISTRICT; provided however, that the maximum charge for service calls for any one month shall not exceed Five Hundred ($500.00) Dollars. The amount of such service charges for each month shall be deducted from the payment due CONTRACTOR by DISTRICT for the next month. "Service Call" as herein defined shall mean an actual trip made by DISTRICT Manager, or an employee of the DISTRICT, to verify and/or rectify a failure of service on the part of CONTRACTOR in solid waste collection that was not rectified by CONTRACTOR". 24. Contractor Interfagg. The parties shall jointly appoint a designated contact that a DISTRICT Director, staff member, or other officer or agent can readily contact who is familiar with the DISTRICT's program and who can readily assist the caller in a professional and knowledgeable manner. Calls shall be returned promptly and in no event later than twenty-four (24) hours after the call or other contact. 25. Information Cards. CONTRACTOR shall review the existing "Green Card" (the card left at a residence to explain violations of the program) and suggest revisions thereto. The revisions shall include producing a two part form that allows CONTRACTOR to track violations and keep records thereof on an individual parcel basis as is currently done for other agencies serviced by CONTRACTOR. CONTRACTOR shall produce said Green Cards at no cost to DISTRICT. 26. Driver Gondugi Z Uniforms. CONTRACTOR agrees that drivers will be properly outfitted with uniforms and name identification thereon, will be courteous and accommodating to residents of the DISTRICT, will not scavenge through trash left at the curb, and will not solicit or 17 accept gratuities for performing services. CONTRACTOR will provide its employee handbook to DISTRICT staff to demonstrate that these points are covered with the drivers. 27. Solid Waste [?Jtposal.- CONTRACTOR is to provide Transfer Station services for the acceptance of Solid Waste from DISTRICT for the purpose of recovery and reclamation of recyclable materials and the transfer of unrecycled residue to Orange County landfill sites, as set out in Paragraphs 1 and 29. In the event CONTRACTOR no longer provides Transfer Station Services as set out in this AGREEMENT, DISTRICT reserves the right to direct the flow of Solid Waste produced and collected hereunder to any succeeding recycling firm with which DISTRICT has contracted, provided however, that in the event mileage to the succeeding recycling firm has increased ten percent (10%) over the mileage presently in effect between DISTRICT and CR Transfer, CONTRACTOR shall be entitled to additional compensation based upon acceptable proof submitted to DISTRICT of actual increased cost; and provided further, that if the mileage decreases in excess of the same percentage, DISTRICT shall be entitled to a reduction in UMEM DISTRICT represents that it has in force a contract with the CITY OF COSTA MESA, dated November 5, 1993, exempting DISTRICT from certain fees'established by the City relating to the City's obligations under the Integrated Waste Management Act of 1989 (commonly referred to as AB-939). Certain provisions of that contract require that DISTRICT. rely upon the cooperation and performance of CONTRACTOR and CONTRACTOR agrees that such cooperation and performance, which is attributable to CONTRACTOR, will be performed. Specifically, CONTRACTOR will participate in the education program required by AB-939 either in money or services at the option of DISTRICT with the level of participation to be set by DISTRICT and will provide such reports as are required of the DISTRICT by the City. DISTRICT will provide CONTRACTOR with copies of all agreements, and amendments, thereto, which affect CONTRACTOR's performance hereunder including, but not limited to, IM-1 contracts with any other recycler transfer station or green waste facility With which DISTRICT may contract; and any subsequent contract with City of Costa Mesa or any other entity relating to DISTRICT's obligations affecting solid waste pickup and disposal. CONTRACTOR agrees to provide DISTRICT with copies of its contracts with others related to the performance of this contract. 28. Ownership of Solid Waste. CONTRACTOR shall become owner of all solid waste when collected and shall have the exclusive right to market all recycled material reclaimed from Solid Waste generated by DISTRICT pursuant to this AGREEMENT and shall be entitled to any and all income derived from said marketing over which DISTRICT shall have no claim. CONTRACTOR shall provide DISTRICT with an accounting of said revenue, as discussed below. OULAIUI-11��l Y �M 29. Repidue / Eigw Qojr-q—1 CONTRACTOR acknowledges that a Franchise Hauler and Transfer Station Acknowledgment dated April 10, 1997 provided for the ultimate disposal of any Residue of City Acceptable Waste to a County Designated Facility. (The capitalized terms are taken from that acknowledgment.) The purpose of these provisions is to provide flow control for the County's landfill operations, which will be in the DISTRICT's best interests. Towards that end, DISTRICT entered into a Disposal AGREEMENT With the County dated 1997, The following provisions supplement that flow control agreement. CONTRACTOR shall deliver or cause to be delivered all Controllable Waste (including all residue from the r processing, by any means, whenever conducted, of Controllable Waste), to the Transfer Station, and CONTRACTOR shall then deliver any Residue (as that term is described above) to a County Designated Facility and shall otherwise assist the DISTRICT in complying with its obligations. CONTRACTOR shall not haul Controllable Waste to any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other 19 I waste handling or management facility unless the contract or other agreement or arrangement between the CONTRACTOR and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or tonnage equivalencles) and the City Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Discovery Facility in compliance with the Waste Disposal Covenant. I I]S=llllllllllll I IllirIpIll;IIIIIIIIII I i I Ill I III III Disposal Facility for the disposal of all Controllable Waste, which rate shall be subject to potential adjustment necessary to reflect the circumstances set forth in the Disposal Fffe_1,014:ML 0 &J47LI DISTRICT and CONTRACTOR agree that the County shall be an express third party beneficiary of this paragraph, and shall be entitled to independently enforce the obligations of this paragraph. 30. Waste Dj erglgn CONTRACTOR acknowledges that each City must reduce its solid waste by 50% of amounts previously established pursuant to the California Integrated Waste Management Act. CONTRACTOR agrees that it will divert such amounts of the DISTRICT waste stream to comply with said 50% reduction. For purposes of this paragraph, only the amounts of waste processed by CONTRACTOR shall be considered both as the baseline and as the amount reduced. For example, amounts generated and collected by the City of Costa Mesa relating to commercial waste shall not be considered. CONTRACTOR shall prepare and maintain all appropriate documentation showing how those diversion requirements were met. If the state substantially changes those requirements, the patties may request renegotiation. 31. Most Favorable Rate. CONTRACTOR guarantees DISTRICT that its rate is the most favorable rate given to any customer using service similar to DISTRICT. If contractor negotiates a more favorable rate with any customer, that rate shall become the rate for the DISTRICT. ME 32. Education Pro I -argms CONTRACTOR shall participate AB 939 programs by taking the following actions: a) Providing tours of CONTRACTOR's facility each year. b) Conducting one seminar per year. c) Preparing and mailing one brochure to each resident every two years if 12 1 11111111111111111 ill 11 1111I, EEO !I, i'll I ilil l ll� 11 - CONTRACTOR to provide postage. Said brochure shall be prepared and mailed within six months of request by DISTRICT. It exceed Ten Thousand Dollars ($10,000) per year for the purpose of supplying public education and information about source reduction, recycling, and composting. Funds can be used by the D18TRICT for purchasing small giveaway items such as pencils, stokers, activity books, or publishing informational brochures or advertisements or for other public education Nalmm e) CONTRACTOR shall provide a cash donation to support local recycling efforts, in an amount not to exceed Five Hundred Dollars ($500) annually. 1011111 Ill s ll�!! 1111111 lilllpp•lllllil f Hazardous Waste residential pickup program for recyclable household hazardous waste (Antifreeze, Car Batteries, Used 011, Paint) approximately once every three years. CONTRACTOR shall be financially responsible for up to $14,000 per year in either financial consideration or services. g) CONTRACTOR shall provide static displays of baled recyclables (plastic, aluminum, paper, cardboard) at the annual City of Costa Mesa Safety EXPO event and shall provide $200 for prizes, 21 h) CONTRACTOR shall provide the AB 939 education program described in Paragraph 6 above. 1) All of said money shall have been paid or expended by CONTRACTOR by July 31 of each fiscal year. 33. Green Waste, CONTRACTOR shall have an agreement in place throughout the term of this AGREEMENT for composting.or processing green: waste with a properly licensed facility. CONTRACTOR shall use its best efforts to process green waste by composting. 34. Audit of ReUcling Revenue. CONTRACTOR shall make available to DISTRICT its audited financial statement, which shall be performed on at least a yearly basis including internal trail reports supporting the financial statements. Such financial statement shall show revenue derived from all recycled materials. Such financial statement shall not b000me a public. record and DISTRICT will use Its best efforts to protect such information from becoming available to competitors. 36. Tploohone Books. CONTRACTOR shall separate telephone books at its materials recovery facility at no additional cost to DISTRICT If DISTRICT determines to pursue such a program. 36. Anti-Scavenging and Other Special Programs. CONTRACTOR shall provide support to an anti-scavenging program up to $5,000.00 per year if so requested by DISTRICT. Said $5,000.00 to be increased or decreased yearly according to the U. S. Department of Labor February-to-February Consumer Price Index for all Urban Consumers for Los Angeles, Riverside and Orange (CM-U) beginning July 1, 2007 using the same procedure as specified in Exhibit A hereto, In addition, CONTRACTOR shall agree to keep its trash containers free of graffiti and will provide identification for such trash containers if requested by residents. 37. Master Manifests. CONTRACTOR shall maintain a master manifest in which the transportation and disposal of all waste from DISTRICT shall be logged. Such manifest shall show disposal volumes, nature of the waste, transporter and disposal sites. All of such records W shall be provided to DISTRICT upon request. CONTRACTOR shall also document all tonnages by truck identification number, route and date and provide this compiled data electronically to the DISTRICT on the first business day of each month for the previous month. All of such records shall be kept for 50 years. Such records shall be provided to DISTRICT upon request. 38. access to Site. CONTRACTOR will allow regular inspections by DISTRICT's personnel or agents to monitor the recycling of DISTRICT's solid waste. Said inspections shall include the right to test scales and review books and documentation, as further described In Paragraph 41. 39. Tours of the Site CONTRACTOR will arrange tours of the recycling; plant whenever requested by Board members or staff of the DISTRICT in addition to the annual tour established in Paragraph 32. gENERAL PBOVISIONS 40. Ye riy PerfgrM,ance Review. DISTRICT shalt complete a performance review of the trash collection and recycling program on a yearly basis and CONTRACTOR and DISTRICT shall meet to discuss and resolve problems that may be occurring in the programs. DISTRICT shall prepare a performance review form that allows for evaluation of services provided at the residences as well as administrative services Including report preparation, accuracy, timeliness of transmittal, responsiveness to Inquiries, database management, service levels and helpfulness. 41. Audit Rights. In addition to any other audit and access rights that DISTRICT shall have under this AGREEMENT (see Paragraph 34), DISTRICT shall have the right at reasonable times, to audit any facet of CONTRACTOR's performance under this agreement. Said rights shall include a right of access to the site and equipment used to perform this contract, a right of access to books and records relating to the business operations as it pertains to this contract, and a right to an annual audit of the performance of the contract and, if deemed warranted by DISTRICT, the right to demand an independent certified audit at CONTRACTOR'$ cost, CONTRACTOR agrees to cooperate with DISTRICT in all of the above. Such right to audit will 1 Include CONTRACTOR and its owned subsidiaries performing work under this CONTRACT. Such eights shall include a right of access to internal trail reports. 42, Indemnification cif DISTRICT. CONTRACTOR agrees to Indemnify, defend and hold DISTRICT, and Its offices, agents and employees, harmless from any and all liability arising out of the performance of this contract or the award thereof to CONTRACTOR, or the exclusive nature thereof or the rates charged, save and except any liability caused by the sole active negligence of DISTRICT. Said indemnification shall extend to payment for any penalties for failure to meet state mandated diversion rates, 43. CERCLA, CONTRACTOR agrees that its obligations to indemnify defend and hold DISTRICT and its officers, agents and employees harmless shall extend to all liability arising from the Comprehensive Environmental Response, Compensation and Liability Act (CERLA), the Resource Conversation and Recovery Act (RCRA), and the Hazardous Waste Control Act. 44. Bond. CONTRACTOR shall furnish a Faithful Performance Bond guaranteeing CONTRACTOR's performance of this 'AGREEMENT in the sum of Fifty Thousand ($50,000.00) Dollars written by a surety company licensed to do business in the State of California and in a form approved by the Attorney for DISTRICT. 45. Public Liabift and LPro g= Damage Insurance. CONTRACTOR shall be required to maintain in full force and effect during the term of this AGREEMENT a public liability policy with a combined single limit of Five Million Dollars ($5,000,000.00) for the benefit of third persons who may be injured or damaged as a result of any negligent operation of CONTRACTOR in the performance of work under this AGREEMENT, which said policy shall name DISTRICT as an additional insured thereunder. DISTRICT shall be provided with a current endorsement of such policy evidencing said coverage in a form approved by DISTRICT. CONTRACTOR further agrees to keep on file with DISTRICT a certificate or certificates of insurance, duly executed by CONTRACTORs insurance carrier or carriers, which shall serve as evidence of the continued existence of said insurance policies. 24 DISTRICT shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring in the CONTRACTOR's performance of work under this AGREEMENT, and CONTRACTOR shall indemnify and hold harmless the DISTRICT and its Board, officers and employees from any and all liability arising therefrom, including any attorney fees incurred in the defense of any such action• , DISTRICT and CONTRACTOR agree that the extension of this AGREEMENT' beyond' its due date for good and valuable consideration is not a DISTRICT project as defined by Section 20801, Public Contracts Code. In the event, however, that any action is instituted. raising the question of said requirements, the indemnity and hold harmless provisions herein include any attorney fees incurred in the defense of any such action. 46. Worker's Compensation Insurance. CONTRACTOR shall also maintain in full force and effect during the term of this AGREEMENT a workers' compensation policy and such other forms of insurance as shall be required by law, and shall provide a certificate or certificates of insurance naming DISTRICT as an additional insured in each case. CONTRACTOR agrees to indemnify DISTRICT for any damage resulting to DISTRICT from failure of CONTRACTOR or any SUBCONTRACTOR to take out or maintain such insurance. 47. C0mI2ligpce-with all, aws. CONTRACTOR shall abide by all the rules, laws and regulations of DISTRICT, the City of Costa Mesa., County of Orange, State of California and all other governmental agencies having jurisdiction. 48. Licenses and maintain during the [He of this Permits. CONTRACTOR agrees to main AGREEMENT all licenses and permits required by any governmental agency. CONTRACTOR further agrees to comply With such rules and regulations of the City of Costa Mesa adopted by ordinance or resolution relating to City's requirements under the California Integrated Waste Management Act of 1989 (Section 41070, et sect_, Public Resources code) and to promptly rectify any default, which may occur. 25 I 49. EmploMlent/ Non -LAggamindon. No regular employee of DISTRICT will be employed by CONTRACTOR while this AGREEMENT Is in effect. In performing this AGREEMENT, CONTRACTOR will not engage in, nor permit its agent to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. CONTRACTOR shall perform the services herein contemplated in compliance with the Federal and California laws concerning minimum hours and wages (Davis-Bacon Act, 40 U.S.C. 276a, et seq., and California Labor Code, Section 1171, et seq.), Occupational Health and Safety (29 U.S.C. 651, et seq., and California Labor Code, Sections 6300, et seq.), Fair Employment Practices (29 U.S.C. 201, et seq., and California Government Code, Section 12900, et seq.,), Workers' Compensation Insurance and Safety in Employment (Division 4 and 5 of the California Labor Code) and all amendments thereto, and all similar State or Federal laws to the extent they are applicable; and CONTRACTOR shall indemnify and hold harmless DISTRICT from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including attorney fees and costs, presented, brought or recovered against DISTRICT for or on account of any liability under any of the above-mentioned laws which may be incurred by reason of any work performed by CONTRACTOR under this AGREEMENT. CONTRACTOR is and shall be acting at all times as an independent contractor and not as an employee of DISTRICT. CONTRACTOR shall secure, at his expense, and be :responsible for any and all payment of income tax, social security, State disability insurance, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, that are required in connection with the services to be performed hereunder, W 5 0. Drug !Free Work gl ce. CONTRACTOR shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a DISTRICT contract must be notified of this Drug Free Awareness Program and must abide by its terms. Failure to establish a program, notify employees or inform the DISTRICT of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of this AGREEMENT by DISTRICT. 51. Non- Assignability. This AGREEMENT may not be assigned without the prior consent of DISTRICT. For purposes of this paragraph a transfer of 40% of the stock of the CONTRACTOR Corporation will be considered an assignment. 52. Qefau.It Failure on the part of CONTRACTOR to comply with the terms and provisions of this AGREEMENT shall be grounds for the DISTRICT to terminate the AGREEMENT. In the event of the breach of contract, or default on the part of CONTRACTOR, DISTRICT may, at its option, notify CONTRACTOR of its intention to terminate this AGREEMENT. Said notice shall be by certified or registered mail and by facsimile transmissions.. Said notice shall be given in writing and mailed to the address of CONTRACTOR on file with the DISTRICT or DISTRICT Manager. Said AGREEMENT shall thereupon be deemed terminated thirty (30) days thereafter if CONTRACTOR has not cured the breach within said thirty (30) days. In the event of such cancellation, CONTRACTOR shall remain liable for any damage and loss sustained by DISTRICT in the collection of solid waste, including all costs incurred by DISTRICT in the negotiation of a new contract. In the event of a default as herein described, DISTRICT shall have the authority to take whatever steps are necessary to ensure the collection of residential Solid Waste including, but not necessarily limited to, the employment of another contractor or contractors, employment of its own work force with rental equipment, or by such means as the DISTRICT, in its sole 27 discretion, may employ for this purpose. In the event of a default as heretofore set forth, because of work stoppage or for any other reason, DISTRICT reserves the right to be reimbursed for its expenses incurred in maintaining residential Solid Waste service as provided for in this AGREEMENT, and in the event after demand CONTRACTOR falls to reimburse DISTRICT, DISTRICT reserves the right to call upon CONTRACTOR's performance bond for said reimbursement. DISTRICT agrees to first make demands upon CONTRACTOR for said reimbursement prior to applying to CONTRACTOR's surety for this purpose. Addition6lly, in the event of a strike or non-performance of this AGREEMENT, DISTRICT shall have the right to use CONTRACTOR's equipment at no cost to the DISTRICT. The waiver of any breach of the terms of this AGREEMENT shall not be deemed a waiver of any recurrence of the same or any other subsequent breach of said AGREEMENT. 53. Venue. This AGREEMENT shall be interpreted and enforced-In accordance with the laws of the State of California. Any suit to enforce its provisions Shall be filed and prosecuted in the Orange County Superior Court or if a federal action, in the Central District of California. 54. Liaison. DISTRICT and CONTRACTOR shall each designate an individual to act as liaison between DISTRICT and CONTRACTOR as the respective agents of each which are named as follows: DISTRICT' Thomas A. Fauth 628 W. 19t" Street Costa Mesa, CA 92627 CONTRACTO Iwo 11292 Western Avenue I ZI AN I 714-826-9049 Said designated agents may designate alternates by notifying the other in writing of such 28 55. Franchise Allernadve. it is further understood and agreed by and between the parties hereto that certain legislative and Constitutional tax limitations may render DISTRICT unable to meet its financial obligations with CONTRACTOR. In such event and upon notice duly given by DISTRICT to CONTRACTOR in writing, this AGREEMENT shall be deemed null, void and of no further force or effect. In such event DISTRICT shall be obligated to pay CONTRACTOR through and including the last week of Solid Waste collection immediately preceding such termination date and DISTRICT shall not be obligated to make any payment to CONTRACTOR beyond said termination date. In the event of such termination, CONTRACTOR may apply to DISTRICT for a franchise for the collection of residential refuse within the DISTRICT and may be granted a franchise under terms and conditions as determined by the Board of Directors of DISTRICT at the time said franchise is granted. Any franchise granted shall comply with the California Integrated Waste Management Act of 1989 as amended (heretofore cited) and shall meet all lawful ) franchising requirements of the City of Costa Mesa. Said franchise shall, among other things, provide that CONTRACTOR shall be fully responsible for collection of fees from individual residences serviced and shall establish a system of invoicing and charges for said services. Said franchise shall also include, among other things, the right of DISTRICT to determine whether or not CONTRACTOR's charges are excessive and to require adjustments in said charges to ensure reasonable profit to CONTRACTOR and to ensure a fair and equitable charge to residences being served. 56. Cost of Notices, All notices required to be given pursuant to this AGREEMENT shall be given at CONTRACTOR's cost unless specified otherwise. 67. Legal Fees. In the event that litigation is brought by any party in connection with this AGREEMENT, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including attorneys' fees, incurred by the prevailing party in the exercise of any 97 E and expenses, including attorneys' fees, incurred by the prevailing party in the exercise of any of Its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof, all as authorized by Section 1717 of the California Civil Code. 58. 5ey@ blllty. If any portion of this AGREEMENT shall be invalidated on any ground by a court of competent jurisdiction, the balance of said AGREEMENT shall continue to be binding on the parties hereto. 59. Int earation. This AGREEMENT constitutes the sole and exclusive agreement between the parties and the intent is to supersede all' previous agreements unless a contrary intention is specified or the agreement is peripheral to and not directly related to the subject matter of this agreement. This agreement cannot be amended, changed or otherwise modified except in writing signed by both CONTRACTOR and DISTRICT. IN WITNESS WHEREOF, we have placed our hands and seals, maldng this AGREEMENT effective on the day and year first written. 11101901 ATTEST: By cl ? M W01411P, I !Exhibit A. 1. Example Calculation of Consumer Price'Index Annual Adjustment- Consumer Price Index Feb 2006*, 207.5 Consumer Price Index Feb 2005* 197.4' Total Change in CPI In,creasel(Decrease)** 512% * Source = Consumer Price Index for Los Angeles /Riverside /Orange County, California "Formula = Total Change in CPI Increase/(Decrease)'= (207,5-197A)II97.4=512% 2. Example Calculation of Consumer Price Index Cumulative cap: Feb,tD Feb Fiscal Year CPI 71112001 0.03000 71112002 U2830 711/2003 0,02080 7/1/2004 0.03000) 7/112005 0.03000 7/1/2006, c), 3000 Total 6 Year CP 1 0,1691,0 (A) (A) Amount exceeded- six year rolling cap of 16% therefore FY 7/1106 would be the 3% less the .09910 fo a CPI adjustment of, O 09.0. 3. Example Calculation of Hauler CKRato lndrea* Fiscal Year Base Rate per Occupancy 9.1554 Max CPI increase'Cap,of 3% 1.03% fiscal Year per Resident per month Trash.-Cost $ 9.4301 4. Example Cairulation of'Recyclin'g/DlsposaI CPI Rat a Increase: Fiscal -Year per Ton' Base Rate 41.22 Max CPI increase Cap of 3% Fiscal- Year per Ton Base Rate L013 /0 1 $ 42.46 Landfill Fee per Ton @ 509/6 Recypted Total -Recycling/Disposal Rate per Ton 63.46 S. Example Calculation Customer Trash .1 t = or < 2nd Highest- Estimated FY" XW 'CIVISD 19.95 Placentia 19-46 H8 18"62 Fount Val 17.83 Anaheim 16,61 Brea 16.77 Fuflerton 17.09 Garden Grove As of WXX these were the projected trash rites for FY XX/XX, One of these agencies would have to surpass CMSD and a second agency would have to, pass or equal CMSD's $19.95 rate before CR&R Would receive a CP1 increase on either the Hauler or Recycling/Disposal rates. Partial CPl increases will be split equally between the Hauler and Recycling /Disposal Base Rates, Pg 1 of 2 6. Example Calculation Ptsible Additional Monies Due CMSD to Frool'a Rate @ $19.96: Costa Mesa San.1tary District Budget with No CPI increase Revenue Secured Property Tax Investment Earnings Add'I Can Fees $81mo x 3060 (B) Spec Assessment Charges Contributions Other Reimbursements Other Financing Sources Total, Revenue , Expenditures Total Salary & Benefits Total Maintenance &Operations Trash Hauler Reqycling/Disposa[ Principle Payment Interest Payment Rate Stabilization Confingency, Sharps Pr6gram Household Hazardous Waste Telephone Bk Recycling Program Large Item Pick-up Used ' Tfre Roundup Edubational Tours Trash Containers Total Special Program Total E*ponditures. Net Profit,(Loss) Frozen 19.96 Frozen 19-96 Frozen 19.95 EY_2006-07 FY2007-08 FY 30,000 30,000 30,000 50,000 50,000 50,000 28,800 265,000 255,000 5,079,801 5,079,801 5,079,801 25,5110 25,500 25.500 11,000 1,000 1,000, 5,215,101 514411,301 5•,441,301 128,0171 134,476 1141099 176,269 187,182 1196,641 .2,340,120 .2,340,120 2,340,120 2,412,564 2,486,672 2,558,180 28,800 255,000 256,000- 36,000 36,000 35'.000. 101,000 10,000, 10,000 20,000 20J000 20,000- 15,000 15,000 15,0100 5,000 6"000 5,000' 500 600 500 .5,000 5,000 51000 4,871,984 5,171,292 5,244,400 5,178,3214 6,492,949 5,682,140 36,777 (51,646) (140,839) (13) Revenue will be split 00% CR&R/1 0%. CMSD it FY 2006-07, Thereafter 100% goes to CMSD Rate Stabilization Fund. Monies owed the District will be deducted from the last month of the fiscal years, contractor payments for Hauler and,lor Recy0finglDisposal services. "AdditionEil Container Fee" Revenue is not included in the calculation when CR&R is eligible for CPI increases. 7. Administrative Charges: Some part of the annual rate char " ged to customers constitutes a component to compensate DISTRICT for its administrative costs in operating its solid waste and recycling operations," This component Is currently $ . ' or % of the annual, charge for residential collection DISTRICT acknowledges that if the administrative charges substantially exceed d this percentage of the annual charges, CONTRACTOR shall be entitled t6 a review of rates so that monies previously allocated to CONTRACTOR out of the annual assessment are not unfairly absorbed by DISTRICT's administrative costs. Pg 2 of 2 BILL OF SALE FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, the Costa Mesa Sanitary District ("Transferor"), hereby transfers, conveys and assigns to CR&R ("Transferee"), its successors and assigns, all of Transferor's right, title and interest in and to those certain items of personal property described in "Exhibit 'A," attached hereto and incorporated herein ("Transferred Property"). 1 Transferor warrants and represents that Transferor is the sole owner of the Transferred Property and that the Transferred Property is free and clear of all lions, encumbrances, security interest and any claims to title. 2. This Bill of Sale may be relied upon as conclusive proof that each and all of the Transferred Property has b.een transferred to Transferee. 3. This Bill of Sale has been prepared, negotiated and executed, and shall be construed in accordance with, the laws of the State of Callfomia. 4. Any action or proceeding relating to or arising out of this Bill of Sale shall be filed, if a state action, in the Superior Court of the State of California for the County of Orange, or if a federal action, in the United States District Court for the Central District of California. 5. Except as may be otherwise provided in this Bill of Sale, Transferor and Transferee acknowledge and agree that this is a non-warranty Bill of Sale and that Buyer is ,purchasing the Transferred Property Without any warranties, whether express or implied, and whether pursuant to the California Uniform Commercial Code, or otherwise. To the extent any warranties would apply to the Transferred property of this transaction, Transferor unconditionally waives, and Seller disclaims, any such warranties. Transferee further expressly acknowledges that Transferee is purchasing the Transferred Property in an "As Is "'"where Is condition, with all its faults. Transferee has inspected the Transferred Property and is satisfied that the Transferred Property is completely as described in Exhibit "A" and is in good condition. Transferor makes no representation concerning the value of the Transferred Property. Transferor does not warrant the merchantability of the Transferred Property or whether it is fit for any particular purpose, or even if the Transferred Property is fit for the ordinary purpose for which it is normally used, and Transferee specifically waives any implied warranty of merchantability of the Transferred Property or warranty that the Transferred Property is fit for any particular purpose or the purpose for which it is normally used. Notwithstanding the above, Transferor will transfer any warranties that it owns to the containers described herein to Transferee. 6. If Transferor breeches its warranty of title, Transferee's sole and exclusive remedy shall be limited to the recovery of an amount equal to the fair market value of the Transferred Property as of the date hereof and, in no event, shall Transferee be entitled to consequential, exemplary or punitive damages of any kind or nature whatsoever, IN WITNESS WHEREOF, Transferor and Transferee have executed this Bill of Sale as Of LL Attachment B FIRST AMENDMENT TO AGREEMENT RECYCING SERVICES FIRST AMENDMENT to Agreement between the Costa Mesa Sanitary District and CR91 j�"' day of ---- bt&—k-- - 2011, by and between the Costa Mesa Sanitary District, hereinaft referred' to as DISTRICT, and CR&R,, hereinafter referred to: as CONTRACTOR, I PM-1 NT417311111 119T WHEREAS, on July 20, 2006, the DISTRICT and CONTRACTOR entered into AGREEMENT collecting residential solid waste witrMn DISTRICT service area boundaries; and I WHEREAS, the DISTRICT desires to amend the services provided by CONTRACTOR and amend the charges for containers; and WHEREAS, the CONTRACTOR has agreed to the amendment as provided hereinafter; and WHEREAS, by this FIrst Amendment, the DISTRICT and CONTRACTOR hereby amend the Agreement as provided hereinafter, 171 1561 7A-1 V. 1141 Tilm R 1 The Agreement is hereby arnencled by adding Section d said Agreement, to read a5 follows., E 'Large Items' means solid waste that cannot and/or would not, typically be accommodated within a trash container Including specifically: fumiture (including chairs, sobs, mattresses, and' rugs), appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashersplumbln-,% small household a I and p her known as 'white voods'); yard debris, green waste and small pieces of wood limited to one cubic yard of contained materlat; scrap metal including N limited • aluminum, iron, stainless steel and copper; and clothing. Large items do not include car bodies, tires, construction and demolition debris or iterns requiring more than two personsito remove, Other items not specifically included or excluded -above will be collected provided that they are not more than eight feet in length, four feet In width, or more than 150; Pounds. In the event a question ever arjs�es as to whether a specific Itern or category of items meets the definition of 0 Large ltt-ms, the DISTRICT shall be responsible to determine when said definition shall apply, which determination shall be final and binding on the Parties," 2, Section ILC, of the Agreement is hereby amended by deleting this section in its entirely and replacing it with the following- C. �—apt ner Q,3=5, A container charge shall be implemented for "additional' Na containers �,three of, more, at a rate of b op agree, said charge includes the cost, collection, and delivery of the containers, CONTRACTOR will not charge a delivery fee for additional containers nor will the CONTRACTOR charge a delivery fee to existing and/or new customers that are f9qWeSting hew and/or replacement containers. CONTRACTOR willcomply with DIMICTS Operations Code, Section 7.01.054, Billing for additional containers shall be by CONTRACTOR or an independent bonded billing service, as DISTRICT may direct, CONTRACTOR is entitled to fourteen percent 114%) of the money collected for the additional container charge. The DISTRICT will retain the remaining eighty-six percent (86%) of the revenues generated from the additional container charge and said revenues will be used' at the DISTRICT's discretiom Prior to the end of each fiscal year throughout the term of this Agreement, DISTRICT and CONTRACTOrR Shall review in good faith the status of the Additional Container Charge Program, This review shall include, but is not limited to the following; * total revenues generated and distributed between parties relative to establishing rate stabilization and the stated goal of charging an average rate for custN mers that are charged within the County; * CONTRACTOR costs of administering and openatingthe Program, and * Review of customer overall satisfaction. W 3. Section 15,D, of the Agreement Is h;ereby amended by deleting this section in its entirely and replacing it with the fo [lowing: lil 4. The term of this First Amendment shall become effective upon its adoption. w^ r IIIIIIIIIIIIIIII11111 Jill 3=1 , I 1 11 � I I 1 ;11111111111 ;, g IN WITNESS WHEREOF, the parties hereto have caused this Pirst Amendment to be executed this day and year first above written. 11KAM1,11,11 Robert J. Oo,teni, President 10141'keScheafer,45ecr- tary D4 rict Clork District Counsel 0 Dean Auffridge, Sen President m oommmmi- Low o r- m F m m S F S 4 37 7 3 3 4 o7mmNpr-<< m I'- m 14:t 0 It LO t`- w 0 w W co 0 t� m N m N rmo- 0 m 0 r r,- N 'It z z OR U� U. oi N 6 4 cli C6 fl, 4 qr' i,-' co, ,zr' ,zr- ml r- i, N �o o m m m r® m m w m r- r %"- ti LO LO Itt tt tt M M M M N N N N C,4 — — — — 0 C7 0 M M M M M M Lo ,t q V- T- V- -C 0 > LO m 0 0 0 0) CC 0— - > -0 (D LM L) �'U sn W 0 M m al c: as m Z -u C: 0 �5 < E :E 0 0 E M E co — n- U- CU 0 Lao) • o cc rm_ c C: > 0 M 0) 00 CL -,5 C m m J-- :3 C cu - CL CD r- 0 0) CY) W C: 0 CD m 0 u m (D to -,�e >, m CD m cu 0 0 M M Z M 0 M M m CO M--l- m m � 0) > 0 m U- < U) U) (9 CO LL >- -j U) CL M -j -j -j -j -j < CC3 0 M -j -i o EK z 0 > CN CY) 4• U*) M r-- 00 (M 0 T N 'co dt LO � Cl- 00 M C) T N M d' U-) (0 r- co 0) 0 , N ce) * — T- r T T T T N N N N N N C\l N N C14 CY) M Ce) Cr) M C) C) co Q0 N o N d CY) CD LO CD 0 It to m co m CD (D C) CO Izi- Iq m r- 0 co m w t-- CD < < 00 U*J, LO CO (D m (Y) C) U') 0) m 0) 0 m co N 4T (0 00 N rl- 00 CY) CY) (D LO 0) N C)) N z z ',� � 0) (Y) 0 co N m 6 4 C6 rl- N t W co r co r r r-- m 06 Lo , 0) co 00 wr CC) I- co LO Lf) el IT IZI- I;r I'll 14, -T CY) CY) N N C) C) C) C) C) CD 0) 0) Li) Lr) LO tl" 't cm 73 r' !' — U- c 0 (1) (D (D -C OL _0 2 0 > Ct) m 0 cu 0 0 (D > 0 (1) 0 a) co co 0 0 cu — m E E E u c: > E 0 0 co m < E m m cc; CL >1 F- m 0 0 W V- C: IL Vo CQO) SD > M 0 U- r- 0 Im M ma M E CD M < = 0 m m (D a) 0 0. CL T c 2 0 0) W 3: a. c C: C: 0) rn 0 m co (n CD (D M 0 W co o m m ca cu co m 3 u 0 LL 1: co (D < U) U- >0- C:03: -coi (W/ ) -j -j -i < _3 W -j -j W 0 z0 CCU N M 114- LO CD r. 00 0) C) r 'N Ce) `T LO QO rl- 00 M 0 r N Ce) 114' LO (0 t`- 00 M 0 , N Ce) qT N N N N N N N C14 C14 N M M M CO Ce) M LO N M Itt W (0 f- W 0 T T r N 0 M '-41 M M W r M r 0 LO 0 P, W W Co T N 0 • LO M W I- M 'T 'q M r r M N N 0 M M 0 M CD M M W I- I;T 0 LO N M 0 N U) Z 6 06 m m o6 o6 w x co CO r-- r- r,a r--~ r.6 Co 6 6 0* Lo' Lo' ,t* "t' tF tt t M' Ni CV T r r 06 0 0 c C M .0) m () (D 0 a) 0 W lie 0 (D > z ro Co rz E M m -5 T- E cn E < m 0 M (D tf -�5 n — Cu 0 E m m a) r_ M 0 W 0 C 0 '6 > LL CL V M M c C ;�! -50 =C3:000 m :3 (D a: 0) m -E CL = C: rZ W CM 0) W -0 c a) 0) C m m 0 W >, =- 0 M M M M " 0 M co m .Ui M Co 0 < 0 U) 0 >- 0- 0 > LL -i -j L.L -i 00)0(]10 -j -'M -i 0� -j0 N CO IT LO (D r-- co 0) 0 r N co v in CO rl• CO M CD T N CO 'IT to CO I•• CO M 0 T N M N N N N N N C14 N N N m m m co CN SI- 0) t- in M CO LO N M CQ r 0 CC (D M C) r U) N CO T LO T LO CO It 00 r 00 T 0 < I'• . CD 0) 0) CM U) LO 'qt 00 r- U) LO ' t CN — I- I- M CN U') (0 0) 00 1- rl, 04 N r M 00 0 Z 6 6 C6 06 06 m W 06 w t-- t-� h r-- > 0 o (D 0 > C) a co m Z 0 U) m , E m TZ L- E . r- C C < Co o m a) W E >, 0 o c cn m m m (D M o Fu :5 — LL 0 0 C) — V- -2 c " f 0) a) ca :3 0 W 0- m Co C Z) = c CCS M (D 0) CL 0 0 -2 W 2 Ca " 0 M M W W m M = Co m M 0 CTS iL) Ll C-0 o 0 u �0- a: U) -j U- -i co LL 0 U) U) -j -j m < r) -j W -j t� o N M 'T LC) (o r,- co m C) r CN co 4- Lo (D r- CO 0) C> — N co �t Lo (D I,. w 0) C) T N m N N N N N N N N N N M M CO CO CY)' Attachment D FY10 -11 Actual Franchise Fee Revenue for Solid Waste Franchise Fee Hauler Placentia 15!Q Placentia Disposal /Republic Stanton $ 401,923 10% CR&R Garden Grove $ 442,518 7% GG Disposal /Republic Cypress $ 546,592 8% Consolidated /Republic Villa Park $ 220,770 7% VP Disposal /Republic Yorba Linda 5% YL Disposal /Republic Lauuna Niguel 5% CR &R Fullerton $ 1,200,000 7% MG Disposal /Republic La Habra $ 644,561 8% Waste Management Brea 715,630 10% Brea Disposal /Republic Fountain Valley 5% Rainbow San Juan Cap $ 224,808 5% CR &R San Clemente $ 366,612 5% CR &R Seal Beach $ 186,704 7& Consolidated /Republic Laguna Beach 10% Waste Management La Palma 82,236 5% & 7% Park Disposal /EDCQ Buena Park 5% Park Disposal /EDCO Aliso Viejo 5% CR &R Dana Point Could not find. No record 8% CR&R Midway City 10% Rainbow /CR &R Lake Forest 5% Waste Management Rancho SM 5% CR &R Mission Viejo 5% Waste Management Irvine 5% Waste Management Laguna Wood's 5% Ware Disposal W 41 4-) -4 tl P I rz -4 -dn cz� n,=� C� C� 0 ll9 Pm C:� C! Iri Oi C� ll� CQ Zq CD 7- 0 Cl Iq O'� 'It -t 02 n n � n Ct O lz� O 0 0 CR ID m LTI 0) CL CO ui 0 '-o C t2 . E t: o E E d).E z w w OCW tl Option 1 pSolid Waste Fund Budget Project _ 7 - -_ Yr B _ k - ��. T J. CPO t 03 PPP BUIJ - BUDGET 12.13 TO __$BUl)Y^ig + Yr 9 Ll C1GET Yr tD BUU �6T a Yr 1 I BUDGET Yr 12 BUDGET 1 Yr E.3 BUDGET i Yr 14 .... BUDGET -- m� f -- -�- - 13'14 14 Il I6 i7 17 LS 58'19 19 -20 Re nmea Annaal Cha a 19.3 .. .. 19 19 30 - . _ 1 + $ . ., _ - ... 5,002,560 p $ d9 30 S DO 19'14 $' 19.34 $ i9 3D 19 3 4,988 660 2 560 5 502 560 5 402 560 r $ 19.30 _ ....121600 lnveslmanl Eamirl0a �... m . , ,. I -$ I : 5 002,565 - , S 002 564 _ 5-0-62,560 Propefly Taxes 1 54 044 54,040 50,000 ( ...150 Sp 040 .. 5D Ofl0 !,... 5D,g4q 50 500 .r. 50 404 iArld Banal Conlawnnr Chafe.. OOO 150,gOq 150 000 _- { - 96 DOD 96,465 96.044 154 004 95 040 150 0DD 150,00 -__, i 0 + 96 0D 96 150 040 ....r 150 444 .......,. Conlribullons f ....�.. 25 Oily 25,000 _ , ...... 0 400 _.... ..00 «- 96 000 . ,......., .. _.. Total 1&.evemaes 25 000 25 000 2s 004 I 2s i 2,5,560 il}"_ 1 5,309,665 5 23 550 5,323 560 5,323,560 X25 560 5 23 565 5 23 560 5,323 560 560 5A2,3,560 Peramnn 1 SALARIES I Goal _._. _. 297 509 _ ^_......132 319 240 ......,56 341 .._.. _ .. .�.. ` .. . -- .... ....442,255 4001 400E . -' '� 4003 SALARIES PART-TIME .. ..." SALARIEAS BOARD .... 9t' 28 2pQ ..._ __._.._,,.., 5 91 p _ 30 305 200 32 iD4 I 36 500 35 200 387 600 __ 36 300 a� 409 755 ,. _ 37 400 4]9 304 3$.,540 39,600 . 4mm5 _ 4aa7 OVERTIME A -.m AUTO ALLOWANCE T _t 16 4q0 16 Goo .- T ,^. x _.,_,.m _ 1 000 9q_0m _904 16 555 -=.. _. 1 000 16 4CJ0 1 b pOQ 16000 1T- _,- Z I pq 1 200 1 244 _ _Z 6 040 1 204 4908 CELL PhtOWE ALLOWANCE -.... .- 2.450 2 X99_ 2 400 2,400 2,400 -- - 2 440 -- 2,404 4{ 4 ._ 4019 INCENTIVE PAY 5 qO0 ;2309- __ 5 D4O 2,340 5 a0 2,100 F _ -5 400 2 300 S,DOD_ 2 344 ` 5 1700 2.350 5,450 - _ 2,300 154 A012 4040 4100 TUITIOW REIMBURSEMENT - COMPENSATED ABSENCES CAFETERIA PLAN .. _ --- ... _ 5 006 - ------- _m 4 000 46 00q _., _ 5700 4 30q. 45 900 5 505 4 640 ` 45,954 _ , 5 000 .... 4 900 J 4S 900 5 600 . -_ 5 3100 45T90p 5 Da0 Ir .. 5,600 1 45 900 . 5 -OOa 5.900 5 000 _... 6 DOD.. 4,OS MEDICARE 5 5pp _ _ 5800 6 200 SOD 6 900 7 300) 45,940 __ 45,992- 4„0 4t15 FICA PERS EMPLrJYER - ... _ 1,205 35,655 120U j ... 39,000_T _ �_- 1,204 50,GpD f _G I.2pp j 54,500 _ .. 1 200 4 ? 209 7,SO4 1.250 ( 7,Bgp I,-- 4120 _ PERS EMPLOYEE _ -. a- 16 000 , 1'6,900.,1 18,050 1 1.9 204 ..._58,900..;..__, 20,300 63,200 j 1.24q .67,'100 2;I,k8(Jp 22!dOQ 4125 41317 AWS _ .- BENEFITS ADMIN COSTS .__ 1 .� . _, _ .. 3 450 306 3 204 _., 300 _ 3.400 _ .3 700 i w. .. 3 950.1., ... _ 4,140 4,3k1q -_ .. 4,40q ._ 4140 .._._ �... WORKERS COMP } _.. - ...._.... ➢,944 2 000 300 _ + 2,X0 i { 354 .. �, 300 2 400 300 2 S00 t 304 1 _ _ 304 � 7U Benefits 12$ 10. 33 30q 146, 05 153,240 A70 720 499,700, 137,400 Sr,8,9pD 159,800 166,Ofl0 600,850 630300 .2.,606 171,406 l75,8DU ml Ex ondttares 8 871.. ., 947% d0,0� %t ^, 1,0 64 { 8 1 Z2l , 1.1 64 °d°_. 655,400 12,01 / 1235% 674 800F4300 PROFESSIONAL BERVICIS17 LEGAL SERVICES �. FISCAL SERVICES MEOICAUEMPLOY SERVICES CONTRACT SERVICES S (} 7 D 6 p 2 5 f 90 35 ODD 00 0 i 8 460 3S 404 _ ....0® D 19,010 3S D SD D 0,9 560 350tD34045 14 535 50 T 't4 175 _, H 4 970 .... 54 _ 20 780 T „35ODU �. -- 15,420 50 350i7g 1 15880 50 15,364 - 50 COUNTY COLLECTION FEE Rev --;- O D 0. 6320 20 C C-11 -1 R CDLLECT.- cOSr IZev _� _ 44970 __ 13,440. ISOtD 13 44C?_I IE 15016 Iu3,440 150t4rt �., I3 440 15010 13 440 X _ 15,010 13 440 15014 p I3 440 - ]S DID 13,440 4325 4330 4339 4404 EiECnOws BLDG MAINTENANCE EQUIP MAINTENANCE _ pFFICESUPPLiES 61 20 S 4 ODO ._ _9.. ,,., $0 2 ;460 Z 194 5 756 , U .,1,140 5 920 21 000 1 l70 6 105 IT _ 4 1,210 6_2 80 I 21 040 1,250 T 6 470 0 - 1 295 6 660 4+105 MULT MEDIAIBLUEPRINTICCE -PI POSTAGE - COMMUWlrYOUTREACFI 54 .. 40 .. 4.... _ 4 p _ 4p - -.� _ _.. 456 21 250 21 600 tl 464 _.,.- _...6 2H 254 _ Zd 6OD 9tD 470 __. 21 250 21 60 949-1. .._ 4811. _ _ I 21,250 s4a 976 . 495.. 21 250 1 ODD - ... SOU _ 21,250 1,030 __ 52(3 21 z5a 1,065 544 - Zi 2517 4410 4420 4 2 _.,- SMALL TOOLSIEOUIP . -_ 5 0 .. 40 4D D 21 � ...... 40 21 600 40 21,6}0 21,600 21 645. 4505 PROF MEMBERSHIPlDUES _ ., 3 p 1 _....N, __ I 1 l40 1 t 475 I 1 81 D 12,160 12 525 ,_ AO l2 9{]q, 40 2 3,294 40 13 690 4505 &TREE DEVELOPMENT TRAVELIMEALSILODGING 6 8 f- 3 - 4 660 5 750 - S 700 - ___ 5 700... 5,700 5 700 1,750 ._ S 704 4510 - 4520 4550 - MILEAGE REIMBURSE EILITY INSURAwCE D D I.D _ _ . 6,510, 4$D _ 6 710 490 l- 6 910 _ 540 7 125 526 _- 11 -. 30 '54-0 7 SSD S6D 7,7$0 580 6,014 _ S,SpD 5,674 5 8.40 , 6,0 2D 6,204 I 6,39D� 6, 80 6,780 4000 4670 TE TELEPtiQWE GAS BLDG _ { 1! 5.D 55 i. t __ 65q - -- $ _ 50 670 SD I 590 50 _ 710 50 735 SD.t..... 75J 7a { 50 l _.. 790 50 C3,5 4620 WATER BLDG _.. ELECTRIC BLDG 5 0 _ 5 .. -- 154 ..._ I SD 150 P 154 _ -. 1 SO ... .50.1. .... 3 50 _ 154 �- 150 _ - 5 " -. � t ` .. � 4720 A36Er REPLAC ME.NT 73 25 34084 14,000 1 I .. 9DD f .. 12 9aD 4 95 TRANSFEROLrr 2 0 - ..... 10,000 10,0 DU 14,454 Iq,640 d(7.,Og0 14000 .. _ 0. 4310 Sub Iota! M &O Other .. ,. ° of Ez endoturex -RASH H U-I (CRBR? 2 I )21604 _.. $ I SS 2:39 330 2 370 540 201,340 21P-3 QOD 224,310 4-20% 2 373 000 2115,350 1 2 373 400 226,450 4 23 / -.. 2 373 259130 tt . 3 87% 232,870 4 26 %1 .. 214,174 3 92 %, __„ 4315 RECYCLING DISPOSAL (CRBR} 2 5 4$1 Op rc $52.22 2 1 I5 OUO .2 O8$,8g0 2 488 804 Z 066,600 DD0 2,488 855 , 2,37 3,000 2 D66y800 2 373,004 2 G86,SDU 2 373 000_ 8t(_ 4317 ANAEROBICDIGESTER (CRBR} 2 0 $ ..... '_ 0 0 0 e 4 6 4.y ...2,088 0 Q Sub Tm 1 M &O IliAu[erlS2ecycbn J mfEx enditnres N)y isp 44$4 48 ° ° _ 4 484 57 q.. ... 4 463 (00 4 483x4 ® ✓a _ 461 _8 ° 82S6C�.. .. 4 461 800 8240/4 4 461 $qD _461,840 81.56 ° / 8] 65% _ a xtal SulrTmtalNl$ei) Outla 4,724 30 4,G63i90..,.,..._t,G86,110 4 *667,1e4,690250 4,671435 4,694x674 4,675x410 6795 EQUIPMENT j 0 1,900 1,000 1,000 1 UDD -I -- 1.000 1 000 1. 000 1,000 Sun-Tutai Capita! Out4av . __.. mfEx onditures -Ca �tal Outlay U t 044 °° 1 050 1 oDlr �.. -1000 .. 1 005 1 050 1,0011 r csal 100601 900002 Pro ramQ _ _ t� SNAPR$ PROGRAM HOUSEHOLD FL?v�.ARDDUS VWASTE .. ._ .. DD4% rSDDD _ .4D DOD oir2 15 000 40 OD4 o-oai° 152,000 40,004 0oz °r° _ . 15,000 40.400 .. D421�� I S oo0 40,000 oDZr °' 15 ooh, ..... 4q 440 ovo2 °1° I S,D4D - 4C1 o5zr° - -- 15,050 40000 ,00009 100004 TELEPNOWE BK RECYCLIwG ANTI 6CAUENGING . _4_2 ON 42 P 12,060 -} 1�DDO 12 pOLi _ 12,005... Q4D 12,000 .. 12 pQa . 10009$EDUCATIONALPROGRAM& 100008 PHARMACEUTICAL -. _. 12 SOU f 2 soo t _ 12,509, 22, 000 ... t,2,500 I 12.506 2,2,504 12 Sp4 2,a 5pp t,..,, .. 12,500. 2,540 12.500 r 22,500 12,500.. 22,5pa _ .... ..._ ., ..,.. to,x05 I -., -6. 1 a ppo. 100040 COMPOSTGRA_ .- ...... 4 D ,. 0 4 -'� .la a,.� -, 112444 II2,00p .. i 112,400 112,000 1 112,5U0 112054 112,800 TOTAL EXPENf1ITUKl 5 5 46 954. 5 75 845 ' 5036,510 5 49 050 5.404,050 1 5,414,730 -5464,070 S 463 770 lYatlncmme LmsS1 1.. 710 - 47x725 a (12,950) k2S',490)1 .... (807490) .. (91170){ (144,510) (140,210 ESt4mated lie inning Fund Balance - -- ..., _. 5,440 044 ._ .� 5 445,710 I . _ S 448,435 _ A 5.435,460 1 5,409,990 I .. S '129,500 _� 5,238330 1 5,097920 - - -.. ESlimated Bnd "rntAFund Balance _ _... 5,400 710 5 44$,430 5,435;464 5,409 990 5,329,504 5,238,334 5 497,820 4,957610 Rgserue for operatmq (15%) 77 X96 300) 791 450 ) ( 600 504 k61 - ODD) (Bt D 644) (812,200 ) (8196000 ._ (819 640) Ill fi _r....__,. _.... timated Unreserved Fund Balance 4,604,410 1 057,030 1 4 634,980 4 G51,S90 4,518,940 4,426,134 4, ?8,110 4 „038,014 Option 1 Solid Waste Found Budget Projections ttdlt 1 Y Yr t 5 - Yr 1 b Y Ys 17 _ Y Yr 18 - Y Yr 19 Yr 20 J_ Annual Olea,ge „ -- 1 193 $ 19.30, _ _$.. - -..... 1930 " "S 1 19.30 . $ 19.30 $ $ 19.301 1 19,30 .Investment Earn nos _ _ 5 50 006 . .,. 5 50 Opo - - 50 oqo 5 50 000 - - ... 50 000 _ 50 00C Property Taxes , ,,� i i5p 404 1 ._ 150,000 I .......... ' IS66U4.. 5 550,000, 1 _ 5 150,640 A4oitannat Conlasner Charge 9 96,000 9 96,()00 . '96000 9 96,000 1 9 96,000 .. 9 96,00C comaaullaas 2 25 000 2 25,040 2 25 000 2 i 2 m. ._ ..... . .. Total Revenues 5 _ _ � 5,323,560 5 5,323,560 5 5 23,560 5 25,000 i 25,000 2 25 000 .. - Goal SALARIES FULL TIME 4 - 469 000 4 483.100 i 4 497,600 5 512 500 .. 5 527,900 SALARIES PART TIME - 40 agq f -- 4 42.0 9 - 42 000 _ 4 42,000 i . ..... ���. 42.000 � -- a a2.OG0 SALARIES BOARD 1 -.�. - 16,0®4 I Ib,004 1 16,009. ,. _ 1 16,000 - _ 16,000 tOVERTIME 1 �, - 1 300 V V 300 1 1,394 1 1,300 , 1,300 .. d d,306 AUTO ALLOWANCE - _.. - ,° 2400 _ 2 2.400 _ 2,400 f _ , 1 ..,.. 2.400 - 2 2,400 -- .. . _. 2 - .. _ __. P_ERS - EMPLOYER PERS- EMPLOYEE ...........- ._.......__. R_H_ BENEFITS ADMIN C WORKERS' COMP ° o roI Expenditures5 4 "� " 022 7®D° 723 ?380 72 48 724'SDD4 725 540 793 2b 310 &d 4200 PROPESSIONAL SERVICES 1j } 4210 LEGAL SERVICES X50 35,0406 { 35 0000 ' 35 (}00 35,000 k 35,000 35 GOa . 4220 FISCAL SERVICES 7 D 16,850 17 340 o 880 18,420 f .. .. 18,970 y 19 540 ._ -.. L _ _. -_ ..... 4225 MEDICAL "LOY SERVfOES 6 6 ".. ..... -. 50 50 50 56 50 50 4366 CONTRACT SERVICES -.. 20 ® 0 0 0 0 _ D 4365 COUNTY COLLECTION FEE Rev 1 _ H 5 014 15 olo -- I5 614 I 15,010 4320 CONTAINER COLLECTION COST Rev - -. ..2 H360D .... _ ._. 0 21 440 ..... 0 TTT - _ 1 i 44(7+ .,....... _ l3 440 �_ 9s 410 15.414 .- -- ._. 13 440 9 3�44p I , 440 ! 3 444 _ 4325 ELECTIONS 6 1 .I. _.. _ - -- ......21.400 _Q 4336 BLDG MAINTENANCE 20 1,330 k 370 1410 _... 1,454 . ..,.,. 1,490 1,530 4335 EQUIP MAINTENANCE 5 4 -, ... _ 6 866 7 070 7"'80 �. 7,566 7 730 7,960 4460 OFFICE SUPPLIES .._.. 50 ... I090� 9,120 1150. 1,1.$0 I224� .. tl,2d6 4465 MULT MEDIAdBLUEPRYNTICOPIE 4 6 -, ....., 560 I ___ _ 58'0 60p 624 � 640. 6fi0 4410 POSTAGE -.. 40 - _21,250 21,250 ......,.21.254 .... 21,2501 21.250 212SU 4426 COMMUNITY Gt1TRF.ACH + 4 o I.- __21 600 21 6(70 21 604 __ 21.604 ...... 21,600 4425 SMALL TOOLSJEQUIP 5 6 46 ....._ 44 -. �GQ. 40 40 _:__. 4d ... _........ _ .._ - -- I _._. .._, d520PMILEAGE REIMBURSEMENT 4556 LIABILITY INSURANCE 4600 TELEPHONE 4610 GAS - BLDG 4615 WATER - BLDG 4626 ELECTRIC•BLDG 4720 ASSET REPLACEMENT 4990 CONTINGENCY 4985 TRANSFER OUT - Sub -Total M &ti - tlthw.r HAULER 431 431 4795 EQUIP? Sob 'Total CaDaital Uutla� / of Ex endltures Cafe 3.. vial Pro ram 100601 SHAPRSPROGRAM 16C002'HOUSEHOLD HAZARDOUS N IC0003 TELEPHONE B9( RECYCLING 1001104 ANTI - SCAVENGING 100008 EDUCATIONAL. PROGRAMS 100009 PHARMACEUTICAL 100010 COMPOSTiil` T Sub -7 oral Special Pro ral of'Exnenditures.- Prn¢i 5.0 5,_a 7, 3 1,550_ 0 U tia,o{�a � - -- 20 Q 0 237,53p 218980 pppppp 242,540 224,490 247 760 22J.: 11.1 f 431% ._ 398 mp 437 °fma 404 °n _ .4.43%1 4_ 2.q P2150� $9_I55� 2,373 aaa jC 2 373 OOii {144 2,373 000 2,373,000 2,3,73 440 I+ 2373,( 2 q A_0000�$52 22 2,088 800 f 2 4 88 800 2,f788 aQ0 2,688,860 2 088 R00 ! 2,088,1 - _. 4,461,800 4,4 800 1 4,461 800 4,161,800 4 461 800 � 4 461) ...,,.. -6103% _ 8102"% 8039%0 ..... ...80.37 °!� 79 ....._..... 79.7 . 4,fi'•;99zi3a 4 "68-0 L80 4704 00 4,685,$80 , 417!09,560 _ 4,691,: I 1,000 1 "UUO t ODD 1,000 - 1 000 I{ 1 000 _.. l,ali0 { .. ...........1�10D r .._. 1 °Oq0 , _........__ 1 =000 l Id .. 0 a2° /m 0 02% 0 a2 ✓ 1 D 02 °fin I . . 4 02 %� ..... .. o.( I 1182,G7a (1!83720) j22b144U�" (227,73D�� (21 7Uaj (274,: 4 957,61 0 4 774 „440 4 591,220 4,364,780 I 4,13 7 050 - 4774,94Q 4,591,220 4,364,780 1 4,137,050 3,865,350 3,590' (825 900) (826 ... (832,500 + j832 700) (839,300) ($39,'; Option 1 d520PMILEAGE REIMBURSEMENT 4556 LIABILITY INSURANCE 4600 TELEPHONE 4610 GAS - BLDG 4615 WATER - BLDG 4626 ELECTRIC•BLDG 4720 ASSET REPLACEMENT 4990 CONTINGENCY 4985 TRANSFER OUT - Sub -Total M &ti - tlthw.r HAULER 431 431 4795 EQUIP? Sob 'Total CaDaital Uutla� / of Ex endltures Cafe 3.. vial Pro ram 100601 SHAPRSPROGRAM 16C002'HOUSEHOLD HAZARDOUS N IC0003 TELEPHONE B9( RECYCLING 1001104 ANTI - SCAVENGING 100008 EDUCATIONAL. PROGRAMS 100009 PHARMACEUTICAL 100010 COMPOSTiil` T Sub -7 oral Special Pro ral of'Exnenditures.- Prn¢i 5.0 5,_a 7, 3 1,550_ 0 U tia,o{�a � - -- 20 Q 0 237,53p 218980 pppppp 242,540 224,490 247 760 22J.: 11.1 f 431% ._ 398 mp 437 °fma 404 °n _ .4.43%1 4_ 2.q P2150� $9_I55� 2,373 aaa jC 2 373 OOii {144 2,373 000 2,373,000 2,3,73 440 I+ 2373,( 2 q A_0000�$52 22 2,088 800 f 2 4 88 800 2,f788 aQ0 2,688,860 2 088 R00 ! 2,088,1 - _. 4,461,800 4,4 800 1 4,461 800 4,161,800 4 461 800 � 4 461) ...,,.. -6103% _ 8102"% 8039%0 ..... ...80.37 °!� 79 ....._..... 79.7 . 4,fi'•;99zi3a 4 "68-0 L80 4704 00 4,685,$80 , 417!09,560 _ 4,691,: I 1,000 1 "UUO t ODD 1,000 - 1 000 I{ 1 000 _.. l,ali0 { .. ...........1�10D r .._. 1 °Oq0 , _........__ 1 =000 l Id .. 0 a2° /m 0 02% 0 a2 ✓ 1 D 02 °fin I . . 4 02 %� ..... .. o.( I 1182,G7a (1!83720) j22b144U�" (227,73D�� (21 7Uaj (274,: 4 957,61 0 4 774 „440 4 591,220 4,364,780 I 4,13 7 050 - 4774,94Q 4,591,220 4,364,780 1 4,137,050 3,865,350 3,590' (825 900) (826 ... (832,500 + j832 700) (839,300) ($39,'; Option 1 4,461,800 4,4 800 1 4,461 800 4,161,800 4 461 800 � 4 461) ...,,.. -6103% _ 8102"% 8039%0 ..... ...80.37 °!� 79 ....._..... 79.7 . 4,fi'•;99zi3a 4 "68-0 L80 4704 00 4,685,$80 , 417!09,560 _ 4,691,: I 1,000 1 "UUO t ODD 1,000 - 1 000 I{ 1 000 _.. l,ali0 { .. ...........1�10D r .._. 1 °Oq0 , _........__ 1 =000 l Id .. 0 a2° /m 0 02% 0 a2 ✓ 1 D 02 °fin I . . 4 02 %� ..... .. o.( I 1182,G7a (1!83720) j22b144U�" (227,73D�� (21 7Uaj (274,: 4 957,61 0 4 774 „440 4 591,220 4,364,780 I 4,13 7 050 - 4774,94Q 4,591,220 4,364,780 1 4,137,050 3,865,350 3,590' (825 900) (826 ... (832,500 + j832 700) (839,300) ($39,'; Option 1 I 1182,G7a (1!83720) j22b144U�" (227,73D�� (21 7Uaj (274,: 4 957,61 0 4 774 „440 4 591,220 4,364,780 I 4,13 7 050 - 4774,94Q 4,591,220 4,364,780 1 4,137,050 3,865,350 3,590' (825 900) (826 ... (832,500 + j832 700) (839,300) ($39,'; Option 1 Option 1 F.. 41 G cft O ci v O In kl1 O VI wi 4 cl� In C7� m b9 G9 69 W � C� C� C� li C� C=L 0 a 1� oc� 0� cw� cnl� � C=� 69 EA 49 69 b9 COQQ0l In cN O wl c di CO cd LL m ID co ed N to - W o -o -P -a 1 7F O m m (a 12 0 > > E O O PE ry t O Solid Waste Fund Budget Proiections u IL 71ME297 -.. �,_.. 2Dp � 343,290 rc _, 363 500 -. CP(w 1.93 409 706 Yr 7 B[9DGET Yr 8 ,,,.BUDGET Yr 9 BUDGET Yr 10 StDDGET i Yr I I Yr 12 Yr 13 tLSUDET_ Yr 14 ,.. -.,� 32,700 � .,,_.. '12 "13.14 -- 'f4 38,500 I BUDGET.. -- BUDGET _. BUDGET -'13.. V6,.090 -'IS 'I$ --'16 '16 -'17 '17 =18 '18'19 "19.20 „ 29600 Annual Charge.. 19.3 Invesimen( Earnings �!® �� 1995 1930 4,988,669 sn nnn $ I9.3U 5 902560 -'_ sn nnn $ 14.95 _ 5 171,040 �o.'.A.,.. $ 1995 5,871 040 - $ 1995 $ 1995 5171 q4n_ 5 171 040 5,171 040 ,....° _ --_ �. _._.... 5,171,040 ..4__ u IL 71ME297 -.. �,_.. 2Dp � 343,290 rc _, 363 500 387,680" r 409 706 _ _ 42'1,300 442.200 4092 2 SALARIES PART FIME SALARIESBOARD - -Y 28 200 , __ 30 300 i +I ... 32,700 � 35 2qq j ___ 36 300 Y. -- " 37,400 38,500 I .. 39,600 4003 4905 OVERTIME . r V6,.090 1 36TC!q " 16,000 ... 16,0 ®Q.. 16,090 I bY2Dp ➢6 11107 AUTO ALLOWANCE it - ➢ DOU,J,_._ 099 ._ .200 �. „ 209 _ a993 _...._ CELL PHONEALLOWANGE 2,400 -.� 2,29{7 2,400 .t 2.300 ,..,. 2.309 _ . 2409 ��_ 2,400 j 2,4110 1490 M1 .' _. 2,400.. a918 4912 INCENTIVE Pa. _ TUITION REIMBURSEMENT --- d r 5 000 1 - 5 000 5,000 , 5 000 5,000 1 -- 5 000 2300 m 5'opq I 5,000 I 2,300 - 5 000 lm.., .. 5 002 2,399 Moo 1 2,309 5,000 2,300, 5,000 4040 COMPENSATED ABSENCES m .. . " ., ". _ 1 .... _ S.ODq S,ggq ,....., _ 5 999 T 4000 4 309 4 4 999 F S 300 ,.. 5,600 5,900 6 099. 4180 4105 CAFETERIA PLAN _ 46 U0q -- 45,900 45 9.OD k wo 4S 999 ..6,Sgp 4S 4)OO j A5,900 45,900 r 45 9p0 MEDICARE 5 500: 5 ,$DO.. 6,209 4 r 6,900 7,300 7,50p� 4110 PICA ➢ 209 I _ -_ .. 1 33 1,2gq, I 39 000 11200 i 50,109 .,, 1,200 54 500 ' 1.209 I . 58990 7,290 y 63 200 1,290 67,2001 ".... 1x200 b42o 4125 .--- PERS EMPLO!°EE .. _ �. RHS- .. ,, ._ _ .__ .. l$ pqp -_ 000. .... I6 900_ 3 200 I $ 000 3,400 1 " "-, 19 200 .. 3 700 y 2�0,30U ; 3 990 1 2I 200 4 100 21,800 I 4,3017 _70,4p(Y ,.,22,4007.. 4,400 4130 BENEFITS ADMIN CD5T5 _ ,_, L_. 300 30Q " 300 ' ._ .__ 300 .�.., .._1 4140 . m._, WORKERS`GOMP _- -- ., ........ ._ . ___....1, ➢ ._.. .. 309 _j „ 30®, 309 e 30(7 41n0�PRaFESSIONAL SERVICES 5 4 _ " LL .` I _ 20 780 I 21,40UU� .22 0411 _._ _ �.. 17920.. 1$469 l4OIq 19589 201701 4121 0 LEGAL SERVICES 35 000 3S 009 15,000 35 000 -. 35 000. .,. 35 O0 35 400 .. _35 00( 4220 FISCAL SERVICES 7 0 � 13,390 13 709 14,!.10 14 539 " . -. 14 970 I' 15 420 15,8$9 16 36( - _ 4225 MEDICA EMRLQY SERVICES 6 0 SU SCD 50 50� 50 .. 50 S0 SC 4300 CONTRACT SERVICES "� 2 (}. -. 0 " 9 -.9 q - -. 0 0 0 C 4395 COUNTY CQLLECTCQN FEE Rew ., I4 970 _� § 5 010 15 510 15 S 10 15,510 7 5 510 15 S 10 1 5,51 t 4329 CONTAINER COLLECTION COST R,av 13 440 13 4419..: 13 446 13 440 13,440 _ i § 440 13,449_j. 13,44[ 4325 ELECTIONS���� 6.1 __ 2.1_x00 9 21000 9 _21,009 6 M 21 00p - 2.0. x339 BLDG MAINTENANCE I USU 7,980 1..110 1 140 1,170' -. 1 210 1,250 ___1�29f. L 4 1 4335 EQUIP MAINTENANCE 5 f!- .'..... 5,4211 5,580....... _ S 750 5.9 0 I... 6x109 4400 OFFICE SUPPLIES 5 0 8S0 ; 880 f 910 94(1 970 1 000 1,030 1,060 4405 MULTMEDIVKUEPRINT,G' PIE 40 ^" 450 460.;, 47 "0 4$0 { _ - 43p SUO 520 540 11- _" , ..._ 4410 POSTAGE 46 21 250 _ 21 250 21x250 21 2S0 21 250 4 _ 21,250 21,2Sq 21,250 m. 4420 CQMMUNITYOUTRFJ4GH _ 40 21,600 21.6UG 2V,6UU 21,0109 21,609 21 600 Ib00 ` - 21,6Q6 _. 1 4425 SMALL TOOLSIEQUIP 50 40 r 40 40 40 } _ 40 q -_ 40 I 2 QO 40 4500 PROF MEMAERSHkP)DuES 3 0- -fl 1 140 I 1 47p I 1 810 12 160 _ 12,520 j J 2 900 13,290 _ l3 690 4505 STAFF DEVCLCPMENT - 6 g f . 4 669 _ 5,700 I 5 „709 _$ 700 I _._ 5,700 5 700 5 700 T - -5,700 4510 TRAVEUMEAI. BURSEME 3 D „ - 480 ., ",.,, .. 496 S4DD i _. _520 I .._1_..5410 560 ` 580 .. ... b0 4520 ARI{.EAGEREIIN &43RSEMENT _ 3.0 T_ mm _ 6510 1 6730 6,910 'J 120 7330 '_ a.S50..... 7,780 T .....$QlG 4550 LIABILITY INSURANCE °� l U _ 5 500 t 5 670 5,840 6 020 4 200 6 J90 6,580 _ 6780 4809 TELEPFtONE 50 _ 650 __ 670 690 710 -. 7301.., ", 750 .. 770 79(7 4610 GAS BLDG -� ,.� S p 111 Sq 50 50 ...,.,. SG - 50 50_ ....... _ _ _ .._ W. 50 SO 4645 WATER BLDG SA - .__.... 150 _...,� 150.1 ISU 159 _ 150 150 I_5U - - -m 150 _ _ _ 4820 ELECTRIC -BLDG 5.0 956 980 1 010 I. 940 1 076; --- 1 100 S I3U 7 164 4720 ASSET REPLACEMENT 7 3 - ". .... ._.._ ._ .. ._ ➢ 2 900 T _- 12 900 12 909 12. 990. _... _ 12 990 ._ 12 90Q,. 12 900 1 2,90(3 4880 CONTINGENCY 2.0 30 090 f 000..... V. 05,066_ 10 006 14 000 _.� 10 000.,. _ . 10 000 _ ".1 "D 900 4905 TRANSFER OUT 2.0 _. 0 0 0 Suh- T04a114f &f - Citlter iaiinn nr ann 2,0 DIGESTER Am,n - Qa bull a ,t 1 ia9tal 1y0. U 42724330 ,AtiGG3,14Q .. iL075 410 5,06x450 5,U7�50 I 5 ObOx790 S 083 9 itl Sz06 70 4795 EQUIPMENT _ 990 1 qOq } 0 -. _ i ----.. 5 0 DO 1 060 3 DUO 1 006 1 000 1 900 Sub- lCapltal Qatlay j �_. - _1900 1,000 LU4tl 8,000 _ 1,000 q 1000 1,0_00 7 UOD of Expandltares Capital outlay, _ f 0 U4 ° /a' 0.02 °fo. „ 0 42 %f 0.02 %dr .._.. U 02 °la 0 02 °!or 0 021n1 OU tto s eclal Pro r m9 � f - p .j " - - 190001SHAPRSPROGRAM ., � ^. . } �.. .:-j .- - I ... -- 15,000 ts9Rk1 IS,DOQ 15,gg6� _.__.15000 as.oa ©_ 15.6Qp� is00D 100902 HOUSEHOLD HA2ARDOU5 WASTE. _ m .40,000 40.000 !.. 40,000 40,000: 40,0100 40,090 40,000 1 4p 000.. 100003 TE%.EPHtlNE BK RECYCLING I 12,0(90 _. 12,000 � 12 000 & 2,000 I .._„ 12,000 12.OUO 12,000 122 900 190094 ANTW SCAWENGING" " 12 509 _ 12.500 1„ 125 06 I x.,509 ; 12 500 12,500 12.500 _12 SDO. 100005 EDUCATIONAL PROGRAMS 22,5n0 22.500 22,500 22,500 22,500 1 22.500 22,500 22 500 _OUG ._ __ e "_ 160008 PHARMACEUTICAL 10.000 � w,0U0 ]0,0p0 10,000 10.000 10.000 f 16,Q- 10,0DO 104010 COMPOST GRANT ._ .. - -p _ 0 _ki 0 } _. 0 j - 6..f 0 0 nfEx cnditures Pr9 ramp -'_" 112,001] 112900 112000 1]2,000 1,i2bD0U 112000 112y000 1121006.. 3 211% 212 0+ 19G °f 1 „45% 1 93010{...,. 1 93 °la 1 9]! 1 91 °fc Sub -Total Special Pra rartca _ .. i 720 7 Option 2 Solid Waste Fund Budget Projections 1 u 02 __.. 0 02 %a 0102% -' 0 02% - pat °lm ,- --- 0.62°a I + _ Yr 95 i..- Yr 1.6 - Y _ Yr 17 -. Yr 18 Ys 19 YT 20...- CPI 403 BUDGET BUDGET HUDG4T ` HI7DGET HUDGIT Bf1DGEf ' 21600 $ 20 21 19 95 $_ 2G -22 19,95 S 22 23 19 S "23 -24 '24225 2S'26 . kanuaN Charge I9 I2 SOp 1 f _ 95 19.95 I S 19 95 14 95 - 3 19951 5171 040 S 171 040 5,171 040 5171 04_0 5,17I 040 5171 040 nvesfinefYt Eamia s g °raPeAy Faxes _ � SO ODO I S0 000 fi Sp 000 150,990 _ 50 000 _ ~ 150,000 150,000 150 - " � 4ddr loual Coafaieer Ctrs e a 46 OOOt.. 9G,000 p f 0 f .... 000 %St7,0 0 .....-- . d ........ _1 I_ 112QOU IMP 9b,000... ....,_96 000 46 000 1 96,000 SAI.ARIEB PULL TIME W 455 400 469 000 483 100 . SALARIES PART TIME 42,000 SALARIES BOARD 16 000 16,000 16 000 OVERTIME AUTO ALLOWANOE 2 400 2 4, Up 2 4UU -. uELL PHONE ALLOWANCE _ 2 300 _y 2 340 INCENTIVE PAY 5,O4a� 5000 TUITION REIMBURSEMENT 50(7 wOMPENSATED ABSENCES 6 200 6 400 6 400I -.„ OAFETERIA PLAN �. ns csnn o rc c EMPLOYEE 73 $Ob. 77,300 I 81200 85,300 .. . 89,604.._ -- 94,100 4124 PERS EMPLOYEE.. 23 000 S 23,700 1 24'4 00 _ 251,100 25 900 t _._ 4128 RHS " 4600 I....._ 4.7t?'•0 .- 4300 _.... I .. . 4130 BENEFITS ADMIN COSTS ,,. ., 300 T 300 .- 5 0{10 -. 5 100 .,. 5 300 _ _ _._. 3001 300 _ 2 300_ 4140 WORKERS CC ?MP 2 70iY 2.806 _ 3,000 Moo 3,000 3,000 _ ._ ..- .... . _, Benefik5 1,817,40(1 IBS 200 r 190,300 195,506 200 900 20G 600 Suh Ietaf Per500aL1 713,500 1 732700 752,4 0_0 772 700 793 8 °% Of Ex 1}etrdikures 1 1 77% 12 I Oar' 12 34% 12 67 ✓n 12 911/6" - 42gq PROFESSIONAL SERVICES 54 { -... _,... 380 _ _.. 24 086 1... -- 24 800 25 546 }} 26 310.. 4210 LEGAL SERVICES 5 0 35 00(7 35 060 35 000 35 060 35006 1 35 000 4220 FISCAL SERVICES 7.0 16 850 17 360 17 880 18,420 8 970 8 19,540 . _ICE . _ .. P _. 4225 MEOICAUEMPLOY SERVICES 6.0 56 SR . 50 50 50 56 4300 CONTRACTaERVICES 2.p -. �, k} 0 0 p 0 0 x305 COUNTY COLLECTION FEE Rev I5 51 Q 15 510 I S S 10 15,510 15,510 4320 CONTAWNER COLLECTCQN COST Rcv 13 446 13 44lD 33 440 ] 3 „446 13 440 i ?,440 ® .. _ ._ 4325 ELECTIONS 6.1 21 bb0 p 21 pDO 0 21,000 0 4330 BLDG MAINTENANCE 2.0 1 33b 1 370 _ 1 410 1 450 d 49 ] 5'10 4335 EQUIP MAINTENANCE �5 4 6 860 T 7 070 _ 7 280 7,506 7 730 7 4b0 r 4400OFFICESUPPUES 50 090_ 1 120 1,150 1 S8D 1 220 1260 4405 MULTME6IABLUEPRINTiCOPIEy" 40 560 580 600 8 620 6411 _ 4A, 4410 POSTAGE 4O 21 25O 21 250 2H 250 I ,... 2I 250 2f 250_ 2l, SD ! .. _�- - _ 4a2o COMMUNITYOUTREACH 40 11600 21 600 21600 _ 2I 600 21,600_ _ 21 600 ... _ 4425 SMALL TOOLVEQUWP S 0 0 40 _ 40 40 40 40 4 x500 PROF MEMBERSHNP1DUES 3 0 _ i 4 1 p0 14 520 14 960 15 �d 1 Q -._15 870 16 350_, 4505 STAFF DEVELOPMENT G 8 _ „ s. - S 700 5 760 ,,. 5 700 S 704 .5700 .. 5700 w4510 TRAVEUMEALSILODGING _ 3 0 _ 8 250 fh �� 640 660 ^ 680 700 720 _,_ 4550 Lt4BILITY INSURANCE - I 0 6 9801 7,196 .............7 410... 7,630 _..... 7 86O " $�16tl 4800 TELEPHONE 5 0 I 410 940 _. 810. - -- 830 850 880 - ...._ 4810 GAS -BLDG 5 O... 50 50 ............. 50 . 50 _ 50 50 _._._ ----- - f_... ._. _. - ,.,. -P .........._ 491.5 WATER BLDG 5.p 150 - 9 50 150 ! 150 150 .. 150 4620 ELECTRIC BLDG 50 1 190 1,230 9,270 1 31.0 1 350 { _ 1 390 4720 ASSET REPLACEMENT 7 3 @ 2 900 12,9U6 12 966 12 900 12 900 I 12 90C} 4990 CONTINGENCY 2 0 _ 1 b 000 I0,00p_� .._ 10,®00 S _ 10,00671" 0 006 1 f 0,000 a9g5 TRANSFER OWT.. 2 0 .. p 0 0 Q ., 0 T .. Sub TotalPl &k? Other 23$030 294,486 243,00011 224,590 248,260 230,020 1. /- ufEx�le0dit0res 1„ - - ...... _ #04 °f __ 372.% 409 %, ., 378 ° /aI _.....4,15%a 3.$41/. - - a310 TRASH HAULER (CRaR} _ 2 p 21 fop all $9.155 2,313 000 2 373 O00 2 373 a06 2 373,000 2373,000 ... 2.,373.000 4315 RECYCLINOIDISPOSAL (CR &R) 2.0 40000 r(7r iR 22 2 _88,8p0 2,088 8O0 d 2,088 804 ,.f _,_ .. _ 2 088,800 I , 2,088,800 .- 2 6B8 800 4317 ANAEROBIC OWGESTER(CRaR) 20 89 Ro- -. [ Mk-res 88 800 388,8 388 R00 388 800 ... „- ,- ....�.� 4,850,6001.... 4850,006.. .... L1 I, 0 38228% 382.26 _- - -- 50b- TukPINI &D- Hauler/Rec clip lira 4,850600 #,850606 4,8,81.67 ° /a 81.65% St OS %r at of i 191 r0 ram, u 02 __.. 0 02 %a 0102% -' 0 02% - pat °lm ,- --- 0.62°a E00001 100002 sHAPRS ROGRAM MOUSEHOLO HAZARDOUS WASTE _ _ �., , IS OOQ _ 15 0b0 40 000 15 000 40 000 15 000 40 00t. mm 15 Qp0 4fl OpQ ,�- 15000 _ 100003 TELEPHONE BK RECYOLIN - _40y000 012 OC}D_ 12,000 k 2 OOp 12 400_ 12 000 40 000 9 2,000 100004 100008 ANTk- SCAVENGSN4 EDUCATIONAL PROGRAMS T _ 12 500 1 22 590 12 500 22,500 02.509 ' SOQ I2 5(YU I2 SOp 1 12,500 22 ...,. 22 5(Yb , 22.500 100009 PHARMACEUTICAL 1 _ 10,000 1 14 000 - 1 a 040 - _.. I O,tl00 _ „1,0 OpO 1 9,000 140fl10 m COMPOST GRANT a tl a p f 0 f .... SftfrTOGaI Sd me. al PruBram 112QOU IMP 112�OQU f 12,0110 1.12,(160 f f 2000 of xpead'otures Pr0$rama 1 9Q% [.90 °/a 1 89% , 1.89% i 187%1 1.87% _. TO AL EXPENDITURES S 895 530 5,896,580 5 939 da 5,940,590 S 984 560 5,987,420 NeG 10cOmu I uss) „ (403,4901 (494 540)1 (447,160), - (448,SS0)� (492,520) { (495 38Q� .StlN aked dunning Fund, Balance 3,632,690 3,229,200i 2,824,660 2,377,400 I 1,928,850 1,4 (891,1061{ �8 u 4J r cu ro 4-1 41 `4 Ca O U 0 Ra O C� Ck C% r b 007 (A fig Nf FH 6R I � b9 69 V 69 b3 lz� 0 C� � q q lc = c c� cc � et fH V3 6R 69 Ff3 CL c� M d Q .6 69 69 V3 6'S 69 -i cw� C:� c� c� c� 69 EA Vi EH 44 59 69 69 6J3 � Eft ol' C! C:� 4,; 69 E�9 Vi b9 EA I_p h 90 C=� C=� 00 � va v> rff In e3 v4 v r0 co ca .2 00 t2 Q) c o c co LLI IT M aj D 00 a OF z Wild WW M. r Option 3 5o11d Waste Fund Budget Projections $0n 3 _ CPI 1,03 Yr 7- B1JC3UET Yr 8 BUDGET Yr 9 � __ Yr 10 _ Yr ➢ I Yr 12 - - Yr 13 11 _ 14 __Kr 1 - BUR]GET Hl1F]GET HLiCtGET HUAG? BUDGET HU[3CET R v noes J 1,2➢f00 13 13 14 14- " ➢5 '15'16 16'17 $ 19 85 $ 19 8S $ 19 85 5 19 85 $ 19 65 '17-'18 1$ "fl9 '19 -'20 Annnal Ch a r4 -i 199 1985 5,130$30 .. _ -_ _ -_ _ , - r ➢9.$5 _ _ _ { .$ 19 85 19 BS . .._ Eam .. „ - 5 145 120 S 145.120 } 5 145 120 -. 5 ]45 120 .. 5,145,129 5 145 12q 5,.145 )20 Pmpemem ngs ,. 5D 000 1 - 50 900 Sq q00 SD 000 50 a0Q 0 00U fi -. 5fl 000,. 5D 0_00 5010-- Proparly Taxes. ... .... Au4rhoaal Canla�ner _ 1 ... 150 600 -.. ' 150 000 I SQ 000 150 q0a Char9a -- Cantnbulians m__ 96 000 96 000 _ 96,iDU0 96 aq0 ..... ... _ 96, 9-9 :., _ - -. 1 ...... ._ - - - -- 96 000 9fi OOa 96 000 .. r ,..... 25 000 25 000 LOW 25,000 2S OQfl 25,OQU 0 25,000 _ _ ....... 25 000 Tatal]ievenues 5,451830 5466,120 5,466,120 5,466120' 5,466,120 5466,120 5,466,120 54661.20 PerVon�,nel aoat isALARIEa FULL TrME Goa ..... l m... _ -- .. .._ ...., 297 500 -. .. �... 319,20) .. 341,200 I .... 363,500 .. ,_ J 600 _. 409,700 .. -... { 429,3Oa .,. l 4tlo2 4003 60.- SALARIES PART TIME SALARIES a0AR0 _ _ ---i ... - -15,910 ,._, J01100! _ -. 16 600„ 32.9aG 1 16,000 r 35 200 _16,000.1. _387 1 36,3U0 _ 16.000 ..- 37,40p .. 16,006 35,500 I 1, 6,000 442,200_ 39,600 C .._. i 6.QflQ OVERTIME _. ._ 1000 900 900 1,090+ 1,100 1,200, 1,200 1,200 aahz AU70 ALLOVUANGE 4qa __ 2 400 k 2,400 '7,400 4aras _�- ..` CELL PHONE ALLOWANCE _ _ { + 2 400 2.4 ®0 2,4{➢q IN PAY ,. Z,210 2 30q 2,300 2 300 I 2 3Q0 a 360 2,300 2,300__ 4010 S OOCl .._. S 000 5 000 5 000 . 5 000 5 (1007 'I 5,000 5,000 4012 4040 TUITION REIMBURSEMENT_ _ �. 5 QOi➢ _ 5,000 � 5,000 5,000 - -. 5 000 .�.. 1 S 000 { 4too COMFENSATED ABSENCES CAFETERRA PLAN MEDkCARE FICA 4 qaQ 4 3470 4,tiD0 _ 4 940 ,_46 qOQ 45 900 45 9aa 45 900 _ 5 SDQ, 5 8(70 6,20q _ 6 500 . . 5300 45 900 _..._ �. 6 9Qa ( S fi00 5,900 G 000 45 90(1 45900 45 900 7 304 8QC) 4105 4776 6915 4920 w.__. at25 - PERS EMPLOYER PERS EMPLOYEE .. ... RHS .._ 1 20 dD0„ 35 600 39000 16 Q00 16 90i"'_ --T - 1 200 jjj 50 100 7 1$$100 1 200 54 500 19 200 -- 1,200 I.., 58 900_ 20 304 1,200 3 20U 21 200 1.,200 67,200 Zi 800 ),200 Z0 406_ 22 400 4i305 .. ADMIN COSTS - 3 000 „` 11200 3.400 _. 300 39. _300 3,70 3 Sop ._- 340 3_00 I 4 100 300 4.300 300 4 4Qa 300 4946 WORKERS COMP Benefits _ l 900 128 1 t0, _ 2 133 2 ,200 f 2 3Q0� 2 400 _ Z 5017 � _ Su6TotalPorsonncl - _ 30Oi 146b00 . 1,53 2q6 1 1598070 ]66000 171,A00 875_800 1ufExyendttarea f 470720 499,700_ 537,400 568904 604 $a0 .. 630137111 4 65G400 67480© a200 PROFESSIONAL SERVICES. ..,. _I 887/ ...17 9ZQ .. 947°r..P 18 460 93j1 - 19 0➢ 0 _9 )1 /I 6, ... 19580 ..._ 1037% ..._- 20.170 20 784 .11..29 °l# ± 21,400 ..11.53! ._ .22.040 0274 LEGAL SERVICES S 0 3S 0017 35 000 35,000 35 35,000i 0226 FlscAt SERVrcES _ 0 13 300 - 1 13,700 f „060 35,000 35.000 35 Qfl6 ...16.360 4225 M_EDICA1 (EMPLOY SERVICES .7 6 ® ... 50 50 14.1 10 14,530 50 ➢4 970..1.. 50 , . I5.420 50 88U t 50 .,. S6 4309 4305 CONTRACT SERVICES COUNTY COLLECTION FEE Z q,. Rav 1111. _ ., 1 D. 1S_390 a 15440 .50.1 y 0 BS,440 ____ 0 d a ......15 - - 4320 .� CONTAINER COLLECTION COST _ Rew ... !ij{ 63,440 13 44q - ,1 13,440 15440 i 13 440 15,440 ➢ 3,440 �.. IS440r 13,440 15,440 13,446 154413 _I3 440 4325 ELECTIONS 6 I _. 2] 000 Q 21 000 0 i 21.000 Q-y 21,000 0 4330 _...�_ BLDG MAINTENANCE _. 2 0 t ... 1 QSO -... I,080A 1 110 1 140 -- 1 1,170 i .... 1.210 1,250 1 290 4335 4406 EOUIF MAINTENANCE OFFICE SUPPLIES _ __ 5 4 r S Q Sn420 - 3,5$6 ( ...... 5y75Q T __. 5 92.0 .....,.., 6,100 _ 6.280 7 6,970 .... 6,660 4405 aato MOLT MEDIAlSLUEPRINTfCC POSTAGE .'.. 40 4) - _ - -. 450 _�. _ 21 ,250 460 21,250 .590 470 21,250 .... 940 480 21 250 970 490 _ 21,25 _ I ,000 500 21,250 j 1,030 _. .SZOt r 2k, 50� 1,060 544 21,250 4420 _ COMMUNITY OUTREACIi _. 4 a __. -_q21 G01 21 600_ 21 604 ..... 21 600 21 600 1..... 21,600_ 21,fsgQ 21 600 _ 4425 SMALL TOOLSieQUIP ... $a 4D. ...4Q 40 40� 4500.PROP 4505 MEMBERSHIP76UE6 - - STAFF DEVELOPMENT T MILEAGE 3.0 6 8 3.q ._ - l 1 140 - 4 660 6 510 11,470 ._- S 7aQ.., ._._ 6 710 ] 1 81 Q _ 5.700 6,910 12 160 S 700 7 120 d 2 5, 20 5 70U . _ - 7 330 .__ _. - S 10_07 7 SSii 290 5 700 _7a 8p S 700_ _8 410 4510 TRAVEUMEALSitDDGING.. 4520 _ REIMBURSEMENT �...,,,, 5 © -T .. _ „_...�- _..__.... �. _490 .........:.... ..._._,. -- .___r. 455o LCABIL7TY 4600 TEL 4890 GAS INSURANCE BLDp l 0 50, _ _ __ 5 S00 ........... 650 -- S 670 670 5.84U - ..... -690 G9D __.M 6,02q ___ Vin.. ...., -.. 6 200 730 6 39p - -- 750.! j 6,580 778U_ 6 780 750. 50 ....,,.._ Std._ _ SO 5tl......, S4- 54 dory 4626 ELECTRIC 4726 ASSET WATER BLDG ...50 BLDG REPLACEMENT 5.0 7.3 50 ._.,_�N . 150 950 1511 980 + _ _ ---- 150 180 150 fl,01a I 04U ,,,,LL, 1 070... - 154 1 100, - _ - -50 __- _....50 154 15t7 V_ lap 1 160 _ - t 2 900 t2 900. 12,900 - 12,9 0 _ 12,9 12 900„ 12,900 12 900 4006 CONTINGENCY _ ...`.` 2 0 ?0000 10 090. 1 Q,000 l0,00D I !a ,000 10,000 10.000 10.000 4995 TRANSFER OUT {7 2 U _ _ D - ©1 - q salt Ta1aI M &� Dlller_- of Expcndctares 1 239 750. 4.52% ^ 20E,770 _ 6 224 740 205,780 3 59%1 210.060 231,3_00 228 580 7 _ 3,95% 362%1 3.991/ 214,bOn 3671A alto TRASH HAULER (GR&Ry 2 0 21600 Ca $9.1 SS 2.3- ,370 000 2 373 000 2 373,000 " 2,373 000 2,973 Q00 2 373,(Y06 2,371,()00 1 2,373 006 4315 REGYCLINGIOISPOSAL (CR8R1 2 0 40000 r3 $52 22 2, l 1 S 04Q 2 0$8,800 2,0$8,800 I 2,0$B,SflO _ 2.088,800.., 2, 88 8017 2 08d,800� 2,0788 8 ©0 4317 ANAEROBIC DIGESTER (CRaR)� 2 0 $ 1 50 6 0 38$ 860 398,800 . r 388's 0(7 388 800 7 , 399.800 388.800 $utrTatal M &(1 BanlerlRecycl,npfDls�t 4,485,000 4 461 800 4,650,600 4,850 600 1 4,850 600 4 8S0 600 4 „850,600 4 830640 of Exl end'atures $4 47% 8456% $4 72, °r° 84 53 J 1 $3 731 4 83 57/ 82 $7° /a $2 87 , _ Bair To1a1 d<i3 ti} f Il itIl1 a �_ T 4795 EQUIPMENT Sat 4724 750 1 900 4,663's 70. I .. ➢ 000 5,075 340 ➢ 000 r S,a56 380 1.000 5,479 X80 I 1,000 1 S 06q,66Q 1 5,083900 i m1.000 5(165 200 C T..l OOa . TotaC Ca &t a[ Oatla p� $_ s arP,t t�enc[ ➢[urea Capital tivda eclat Fir ram. _ ... / 940 a a4 °r° 1,004 D n2 °r° _ 1 0{lU 4 a D2�r , 0'" ° a2 fa ,gyp a a Q2l � t 044 0 029 1 oo0 a a o2 °r 1,000 r a o2% ^ T -- -10x4 -.,..1 900001 SHAPRS PROGRAM 10006� HOUSEHOLD t Oolwa TELEPI4CNE BK RECD ®LNG WASTE 1 S Qad 46 000 . _ 15.000 .. - 40 000 1 1 S CDC ➢ 4O aOr _ 1_ 5s000 40 000 yy l5 000 I '46'60-0 I S fl4)0 40 OD4 15 OU0 _4q 000 5,000 40,000 1..__ 100004 ANTI SCAVENGING 1, 2 q0a _ l2 OQO 12 OQO ] 2,000 [ 12 aaa 12_000 12 000 12,000 100008 EDUCATIONAL PROGRAMS 700069 PHARMACEUTICAL _ - 12500 ,,,t„ 22 SQa MOW OW -_ 12 SOD -- 22,500 10,0000 12 5(10 + ZZ 50Q 01001 12 500 �. F P,900 I "SQQ Saa 1_22 I q m I2 500 50{1 10 Ufl0__ 12 500 + 22,500 10 ti)00 12,500 22,500 .. ]_0 400 100090 COMPOSTGRANT '.22,500 ..,...,,.22 .,__ J_...._ 0 _ Suti ToC91 Sireetal Prorama LL tpaQ _...�112,0oD 112 aa[l + 11'2,660 tix,40a - 112 °400 112 000 112 of Ex renditurea Pro rams _�_. K ° 2I Im /n 212.!'.. a 1 95r _ 1.95 ... _ 7.93 °a� ._` 6 93 %, ._ 1,91 %a ..._199P 1.91 °fa _ _ - _ � TOTAL E7CPENDI I UItES 5,309,370 5 76 70 5J25,740 5 738 80 5,793280 S 803 960 5 853 to 5 853 004 742 460 ¢ 189 $5U } 1386,880 Net Intame Loss -� Estimated Be I nin Fund Balance €1 S� 5,400,000 51542A-66-'_ 542 460 5(732,3 0' 5�472,690p 5,200,530 6 4�873,�706 4iS35'S8D} 30 4,148,350 n m qn a anca - ......_.� 5,542,4b0 ° 5,732,310 5 472.690 5, 200,530 ! 4,873 370 -. 4 535,530 4,148,350 3,761 470 L . T ...,.. Calm 15f° _ Reserve for o -��9 �.._...) ,. 796400 (...._ :, b, -. 791400 ( ) BS$.900.f (. D .. (860,Z00p 1 I.. (869,QQ07, (870,600} t878,0aD1 _ r _. (876,000} Estimated Unreserved Fund Balance - -- L 4,746,060 4,940 910 ' 4,613,790 4,339 830 4,004270 3,664 »9311 3,270 5D :::T,7883,470 Option 3 1 Solid Waste Fund Budget Project' ans ` 5x008560 __> SrD70040 � i Q t1QD 3.,.__ _. ........ CPO fl.03 _ Yr 15 QUDGE'C YT 14 ._ ... . Yr 17 BUDGET BLDDCiET y __. Yr 18 BUDGET Yr 19 BIJDGLT Yr 2(} _}.... .,. 16,000, J '20221 '21222 ,2 "23 - °23 '24 BUDGE .. _..� - 21600 $ 1985 �, 5 1985 . $ 19.8_5 -'24 $ 19.85 25 4nnual Charge - 199 1985 5,..145 ltd ..__ _ .. _,..- 5 145__,_420 5 84S 12@ ...� ,.. 5 145,126 .- 5 145 fl20 5 145 I- nvmsimenl Eamrnps �aapeny Taxes 4_0,000 1 .- 2 300 50 OOd �_,_fl 5O UOD.._ 50,00@ Sd 600 __, 156,000 150,000 50,000 1S Odo 1 .. 5d 000 15560 50 rel Gr/a4� 5x008560 __> SrD70040 � i SALARIES FULL TIME SALARIES PART TIME „ i 455 400 40 $00 469,000 47,LDOd 483 1 UU 497,640 _.51 z sd0 527 5 0 42 000 42,000 42,000 42.000 S_A_L.ARIESSOARd7 .. ........ ......i1,02.10� _}.... .,. 16,000, J6011 _ 16.06 � `..,.�_H6,000.� 16.000 OVERTIME .. , _I6.OU0 _ 5HAPRS PROGRAM ____L300 1,300 ... 1,300...,,,,,,, 1360 _ 1,300 1.360 AUTO ALLOWANCE -. 15,000 - 15 000 1 2 400 2,4110 _ 2,400 ' 2.400 2,4Q0 2 406 -- , . .. -- CELL PHONE ALLOWANCE.. .. _ 40,000 4_0,000 1 .- 2 300 2.3Q0 ...., 2 360 -_ 2.30(1 A 2.300 2 300 INCENT1vC PAY - - -_ dl __ , �,DOC _ 5,000 5,000 f Kom , S.d00 S 000 ^- TUITION REIME9URSEMENT- 12,000 AN71 SCAVENGING S.0d0 .., 5,000 4 _ S 0041 5,000 5,000 S,0(YO COMPENSATED ABSENCES - H 2,50(} 12 500 1 __ 6 200 -. 6A00 ,... 6,400 6,400 6,400 J 6,460 CAFETERIA PLAN _ .. ... 22,500 1 45900 45,900 _45,900 r 45,900 45 900.1 ._ ... 45,900 MEDICARE FICA "-' _ ..... -. .. f .,,,. _ .. 8 400 8 690 _.. _Moo 9.0(60 _._ ..1.0,000 ; 1. -. 10,000 :OMPOBTGRANT 1 200 ,,,, I 4 200 1 206 1 200. .. 1,200 PERS EMPLOYER 0 I ,... 73 866 77,3.66 _- 81 200 �... _ 8,5 3i➢U f 89.600 4 9a,100 PERS EMPLOYEE 112,OaG1 + 7.12x0110 ..,..._ 23 OdD 23e700 _ 24,400 25,100 25 900 26,706 RHS ......____ -...._ BENEFITS' IN COSTS .._._.._ _ ..�..... 4 600 _.,....._.... a inn 4.700 ...._ inn .m . _.. 4,800 �...._. 5,000 5 3DO f .,. 5 306 ..... -- .__ _ . ,_. _.__-- �nn r n I- I -__ 4210 LEGAL SERVICES 5.0 35 000 � 35 000 ... 35,000 35 000 35 000 35 002E 4220 Flsc;aL SERVICES 7,0 16 850 47 360 17 880 18,420 48 970 19,540 _ 4228 MEDICALIEMPLOY SERVICES 60 _.I.___® -. _ 56 50 50 50 50 5© �. _ 43611 CONTRACT SERVICES 2.6 �. 0 @ , 0 Q d 4305 COUNTY COLLECTION FEE Rev __ 15 440 15,440 15 440 ➢ 5 440 15 440 15 40.0 4324 CONTAINER COLLECTION COST ,....13 440 13440 440 ,,......._ 13 440 - ... 13 444 .�,...,._` 13,440 I Y 3.440 4325 ELECTIONS - -.. 6 ( .,., 21 900 0 21 000 0 2i OU0 0 ___.... .._.._ ..N _ _. 4330 BLDG MAINTENANCE 2 d _ _ 1 330 I „370 1 410 1,450 4,490 _ 1 53Q 'i335 EQUIP MAINTENANCE 5 4 ,,. 6 $60 7,070 7,500 _.... 7.730 -._�. ... 4400'OFFICE SUPPLIES 50 .,.,., H 090 ._ -_. 1,120 1 ISO „_ 1,180 _ H,22U 1 2fiQ 4405 MULT MEDINiLUEPRINTICOPIE I 4_ _ -.. 560 580 1 .. ... 600 1 620 4 _ 640 -. 660 _- _.........._ _....._. I. ..._._.- �..._ ... .. --2-1,-6 _ . 4410 POSTAGE m _ 21_250 21,250 21 250 21 250 21 250 21 250 4420 COMMUNr7YOUTREACH 40 - 400 2J,60U 2],600 21 600 ' 06 21,600 4426 SMALLTOCLSlEQUIP 50 4@ t 40 4O 1. 40 -- 40 4500 PROF MEMBERSHTP(DUES - 3.0 1 fl4 100 14,S2Q r 14,940 15x410 } 15,870 r 16,3 517 u - _. I 4505 STAFF DEVELOPMENT 6 8 _ 5 70co 5 70ED f 5,700 f _ 5,70@ f 5 706 a 5 700 ._., _ 4510 TRAVEL MEALS LODGING 3 0 _8 2,50 8,500 T 8,740 9,020 9 290 9,570 4520 MILEAGE REIMBURSEMEN€ 5 d 620 640 _ 660 (Ap { ..200 720 4554 LIABILITY INSURANCE. [ U - -- ._ b 980 7,190 1 7 410 ) 630 7 860 " $ 100 4604 TELEPHONE _- .. 5 0 __ ., 870 _ 830 ..... 850 k $8U 1 .......,. 910 4810 GAS ELDC _ 5 i➢ ...,. _ 50 S9 50 I _ 50 50 50 -- .. _ ... 4615 WATER BLDG 5.0 150 150 150 j{ 150 150 I 150 4820 ELECTRIC. BLDG 5 U.. _ ] 190..,..... 4 230 , ..._ 1 270 ` ..... 131-6-1 1 350 {I 1 39{1 4720 ASSET REPtACMENT - 7 3 ._ �l2 900 12,900 12 9TO 12 90? I -- ..... .... ._ .. .. .._ 4990 00N71NGENCY 2.0 10 000 10,000 .1 U 0H0,000� 10 0110 J0 000 -. _ .. - 4995 TRANSFER OUT 2.0 0 0 0 0 1 0 Suh -Tntnl M&O - nthsar 4310 TRASH HAULER 101 6R 2 0 21400a S9 I SS 2 373 000 2 373 060 2.373 000 2 3�L' 0� I P L R�iI 2 0 00po A �� RE $52 22 X085 RO© 2,U_8S,8a0 2�88,SUd 2 04357 ANAEROBIC DIGESTER(CR &RD 20 $ 150 388800 , 38$.$00 I� 38$.$60 3Sufi -Totl M3c(D • Havllds d secn �,nn n acn <r,n I b oau +ocv 1 EOU'PMENT _ 50 1, rr _....,.,.,.._._. 5x008560 __> SrD70040 5,093,530 - ...,. 5T(k75112D i 5,098179@..... i -.. 1.000. - S�U8fYt550 ..... 1 000 ..1,000 ......... ].,BOB 1,000 ...._,,.. ] 000 * -- 1,000.. 1r.000 %otExaenrlitures�CnplkaiClutla P 1 ....- _..,_002 /oi .. ........ ......i1,02.10� .,....002fa1 ...., ._ 0:02" 0 0 02 °la .... 0.02 Proems 5HAPRS PROGRAM 451000 ..15,000 _ 15,000 -. 15,000 - 15 000 1 15,000 HOUSEHOLD HAZARDOUS WASTE ... 40,Q00 _ 40,000 4_0,000 1 4(),00 40,A00 _..12,OOd ....... �_ 40,000 TELEPHONE SK RECYCLING _ I 1.2 000 12,000 12.000 12,000 I 12,000 AN71 SCAVENGING 12 SOU 006 12,500 1 - H 2,50(} 12 500 1 12,500 OUGA ___RROGRAMS _ t. .. 22 509 .� 22,500 22,500 1 22500 ,22,500 I 22,500 HARMACEUTICAL I �_ m., _ ..... 10000 - -- -N � . I0s000 1 __.. ]0,0(00 10,000 _._ ..1.0,000 ; 1. -. 10,000 :OMPOBTGRANT ....... __,.....J_. 0 0 d 0 0 0 iv6 -Tota9 Special Prn$rams, L �_.... _....... ..., w 1,12000 112,OaG1 + 7.12x0110 .,..,. 112 000 1 11a100D. ...,.._ 112,000. 740 B 2,428,630 1 1,954,230 1 1 Option 3 Attachment H February 20, 2012 President Robert Ooten Costa Mesa Sanitary District 628 K 19th Street Costa Mesa, California 92627-2716 Re: Proposed Changes to the Solid Waste Agreement between, the Costa Mesa Sanitary District and CR&R Incorporated Dear President Ooten and Costa Mesa Sanitary District Board Members: The Costa Mesa Sanitary District ("CMSD") Board and CR&R Incorporated ("CR&R") have enjoyed a mutually beneficial relationship under the current Solid Waste Agreement which began in July of 2006. We have shared a number of projects together and, have succeeded in meeting the objectives of the District. As you rememiber, the Board and CR&R defined a number of goals with this new contract. Not the least of which was the goal of becoming a "Zero-Waste Community" while at the same time establishing residential solid waste service rates more in line with the median of all the municipalities in Orange County. The Zero Waste Goal is on track pending the Board's approval to proceed with the Anaerobic Digestion project currently receiving approvals from all regulatory agencies. The initial construction of this project is set to begin on July 1 of this year with a two year construction time table. The second major goal established by the Boards was to establish a residential rate more in line with current solid waste rate trends and to be in the median of all municipalities in Orange County. With that, the Board established a special "Rate Stability Fund" for monies collected from "extra barrel charges" in order to reduce or eliminate rate increases for the past seven years. In order to assist in accomplishing this goal, CR&R agreed to withhold and not request any cost of living increases for the past seven years. In addition, CR&R did not request a pass through of the 36% landfill increase by OC Waste and Recycling in July of 2010. Not only has this allowed the rates charged to Costa Mesa residents to come in-line with other Orange County communities, it has allowed the CMSD to continue to fund monies into the special fund to offset any cost of living increases in the future. I have enclosed a rate review and study illustrating that the "net revenue to hauler' for Costa Mesa rates, places CMSD collection and processing rates as 19th in the field of 34 municipalities. With the CMSD Board review and approval of the Zero Waste Initiative presented by CR&R some four months ago to utilize the Anaerobic Digestion (AD) Plant in Perris, CR&R now requests the Board's approval and commitment to CR&R to support the financing of the Plant. To exemplify how other municipalities are partnering with their waste provider to achieve long term objectives, I have attached a copy of a recent Anaheim City Council action that increased the seven-year evergreen contract with their solid waste provider to a twenty-year term with the last seven years continuing the evergreen clause, CP&R INCORPORATED 11292 WESTERN AVE P.O. BOX 125 SrANTON, CA 906810 800.826 9677 714.826.9049 714.890.6347 Fax CRIRWASTIESERVICES, CO M This was due largely in part to the contract provider's commitment to upgrade the processing center in the city and to provide additional off -site infrastructure improvements to meet the city's long-term waste objectives. A contract extension of this nature is being requested by CR&R for Board review and approval in order to meet the District's objectives which require a significant infrastructure investment of a long-term nature. CR&R suggests the following plan of action: 1. Freeze rates for two additional years (until July 2014). 2. With the CMSD Rate Stability Fund, illustrate a Recycling Credit of $12 annually on the County Parcel Charge billings for all residential customers of the District. 3. In July of 2014 when the AD pliant is operational, eliminate the Recycling Credit on the parcel charge to the residential customers, and use this same amount to pay for the AD diversion in Perris. This plan allows the District to achieve an 83% Diversion Rate compared to the current 54% while continuing the residential rate freeze for two additional years. Rates will have not changed to Costa Mesa residents for a total of nine (9) years. By approving this plan both of the major CMSD Board goals mentioned above will have been met. In addition, CR&R will work on other Franchise enhancements with your staff including the following: * Door -side FOG collection • Cooperation with other Costa Mesa projects, including Orange Coast College • Household Hazardous Waste door-side collection proposal • Added locking cart replacements • Others projects as may be defined by the District We thank you for your review and consideration of our proposed plan to meet the objectives of the District. Please do not hesitate to contact us with any questions. As always, it's a pleasure being of service to the residents of the Costa Mesa Sanitary District and the City of Costa Mesa. Respectfully submitted, Dean A. Ruff ridge, Senior Vice President CC Scott Carroll, CMSD General Manager David Ronnenberg, COO N r ► REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC, TUBA A AT SETT DISPOSAL M 6.1 Initial Term The initial Term of this Franchise shall commence on the date on which the ordinance granting this Franchise takes effect, and shall end at midnight on June 30, 2031, unless this Agreement is terminated sooner pursuant to Section 18 hereof. Subject to Section 6.3, on January Pt of each year commencing after July 1, 2024, the Term of this Franchise then existing shall be automatically extended for an additional one year period. 6.3 Right of City or Republic to Avoid Automatic Extension City or Republic shall have the right at any time to avoid the automatic extension provisions of Section 6.1 hereof. In order to exercise such right, City or Republic (as the case may be) shall provide written notice thereof to Republic or City (as applicable). Upon such notice, there shall be no further extension of this Franchise pursuant to Section 6.2 hereof, and the Term of this Franchise shall expire at midnight on June 30'11 of the last Franchise Year through which this Franchise has been automatically renewed pursuant to this Section. Any extension pursuant to subsection 6.2 hereof which occurred prior to giving of such notice shall remain in effective. In the event that either party exercises its rights under this Section 6.3, the parties may subsequently reinstate the automatic extension provisions of Section 6.2 by written agreement. 27 City of Anaheim Em o vS wV L z 6, El E E z 6 All F. 1 9 LL tj ...... . ....... -s �2 8 N 81 2 Z 1 <I E 91 vS wV STANDING REPQRTS I. Recycling Report- February 2012 0 Update on how meeting AB 939 goal,,; II. Waste Diversion Report - February 2012 a Update on t4varnOUnt of recycling materials diverted from the landfill Ill. Ordinance Enforcement Officer's February Report 0 Review OFO enforcei-nentactivitics for trasli cans, graffiti and scavenging IV. Scavenging Report 0 Review scavenging activities. reported to (,-,\IPD V. CM!SD Facts and Figures 0 Revie-%v, and discuss facts and figures regarding solid waste in C-NISD VL junk Mail Program -- Update VII. 2012 Events Calendar NE-W-D-ISCUSSION 171 EMS Vill, OC Recycling Grant 0 Discuss grant allocation to Ci\ISD and expenditure plan IX, Citizen Survey Update - Oral Report X. Solid Waste Measurements 0 Discuss developing measurable outcon-ics related to solid waste i Lejanum X1. Environmental Excellence Award Consider recommending to the Board of Directors the Environmental Fxcellence Award to Friends of the Libraiy XIL Citation of Merit Consider recommending to the Board of Directors Citation of Merit to Corporal j ulian Trevino, Costa Mesa Police Department and Code E-'nforcernent Officer Isidro Gallardo, CMSID ARTICLES OFJNTEREST XIlL None PUBLIC CCU MME-NTS XIV. This is the trine to receive any comments from niernber's of the public, xv. Discuss interns for neNt Rec\ cling Committee niecting. Next Meeting Date - April 23, 2012 Mi x E w 41 IN CD CM Gl 0 CL z 2w w W X. > 0 co 0 9 0 -j 0. 0 zo C%1 N 0) to 1 0 '. 4 .5 'D al Cc) z 0 cow, CJ a,, loz f co I— (b �C- I � E ol 9 oz 18 W 03 91 — J- fi 3:! 0 --. 112 0 . ....y . z 15 -F 0� 0 M 0 Cc CL OD co (D rn o a) cu .2 > to 0 U) , I as CL 0 4) . ..... 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C:) 01 6j 0 CL 0 < M, I z :3 -r ca E = 0 0 -C: C) w x > co C 2 Lid tf 0- QL E CL N 0 0) CL 0 CL 2 CL E C14 0 C;) .(n V- m U), 4�- c) yU CL 70 r Co M C LU -0 -0 1 m 16� m M! 0- 1 m ui > —M F- W 2 m z z 0) �z 1 m (h , io�— U) qj�5 .0 1-a -0 1 CLI (L) Fn I L) L) CL �W 0 ON f-i in -: Ct C,4 IM 04 uj ui �z 10 E CL j Q V4 M V- Cl) C4 W�� NIA 0) CL C L a. 1 11 1 cLi? 0 Q F-1 Via: Scott Carroll, General Managgr From: Robin B. Hamers, District Engineer Date: March 22, 2012 item X11. B Subject: #171 Irvine Force Main Rehabilitation Bid Opening & Recommendation for Award of Construction Contract Summary The District prepared plans and specifications for rehabilitating the existing force main by sliplining the existing 14" force main with a new 12" HOPE force main (high density polyethlyne). The results of bid opening are shown below with a recommendation for award. R�=111111;117-mm That the Board of Directors: 1. Award a contract to the lowest responsive and responsible bidder, GCJ Construction, Inc., in the amount of $293,500. 2. Approve a 10% contingency budget of $29,350, The Irvine Force Main sustained two ruptures in the past, one of which appeared to be corrosion related, and staff recommended the line be rehabilitated prior to additional breaks or ruptures. The force main begins at the Irvine Pumping Station, which is directly across Irvine Avenue from the Orange County Flood Control District Santa Ana Delhi Channel and Upper Newport Bay. If the force main were to become inoperable, T'rotecting ourromynuaity� ficartfi and tfie ayvvimnment �yprovidiqg solidwaste andsewercorrection seroices,, ,r,VWrW. cinsdca.gov Board of Directors March 22, 2012 Paae 2 of 3 there would be large flows to bypass to prevent wastewater from entering the Upper Newport Bay. This rehabilitation is being considered in order to prevent a possible major emergency from occurring. The Santa Ana Regional Water Quality Control Board would likely fine the Costa Mesa Sanitary District should a spill occur that reached the Upper Newport Bay. This might also lead to an audit of the District's sewer operations and Sewer System Management Plan (SSMP). When the County of Orange realigned the Irvine Avenue/Mesa Drive intersection and the District relocated the Irvine Purnping, Station, the District also constructed the first portion of this rehabilitation project by installing new 12" force main from the pumping station, up Mesa Drive to the County border. Project #171 will rehabilitate the remaining approximate 3,000 feet of force main. It should also be noted that GCl had a math error in their proposal and staff met with GCI and was provided confidential bid documents, supporting the bid being $293,500 as opposed to $290,500. Therefore, the award is being recommended for the corrected bid of $293,500. Bids were opened' on 2/14112 and the results are as follows: Engineer's Estimate GCI 293,500 Repipe-CA, Inc. 406,100 Spinello Co. 518,200 Charles King Co. 694,497 Mocon Corp. 701,000 Staff checked the licensing requirements and references for the low bidder, GC1 Construction, Inc., and found everything in order, therefore, a recommendation to award the bid is being made. Strategic Plan Element & Goal This item complies with Strategic Plan Element 1.0, Sewer Infrastructure and Goal No,. 1.4, System Wide Sewer Replacement and Repair Program. The strategy for this Strategic Element states: "We will do this be the careful management of the collection infrastructure using prudent planning and maintenance, with financial strategies to maintain sufficient capacity and respond to changing regulatoty demands," Board of Directors March 22, 2012 Pape 3 of 3 Legal Review District counsel has reviewed and updated the 1998 version of the construction contract and has signed the proposed contract attached hereto, Financial Review Staff estimates the total remaining project costs, including the construction contract, contingency and engineering contract administration/inspection services to be approximately $339,000 compared to current available funds in the amount of $288,000, therefore a budget adjustment in the amount of $51,000 is required. Additional funding needs to be transferred from the Asset Management Fund and requires the following budget adjustment: Account Sewer Fund Proj. #171 — Irvine PS Force Main Transfer In Account Number I I; 11 U101,1111 110 00 Asset Management Fund Transfer Out 50-500000-4995 lanipfra Increase Decrease Copies of this report are on file and will be included with the entire agenda packet for the March 22, 2012 regular Board of Directors meeting at District Headquarters and on the District websfte. Alternative Actions 1. Do not award the project to GCI Construction, Inc. 2. Refer the matter back to staff for additional information. Attachment: Contract between GCI Construction, Inc. and CMSD Reviewed by: C>19 Teresa Gonzalez Accounting Manager nom THIS AGREEMENT is made and entered into this - 22nd day of March, 2012 , by and between the COSTA MESA SANITARY DISTRICT, hereinafter referred to as "DISTRICT" and, GCI Construction, Inc., a California Corporation, hereinafter referred to as "CONTRACTOR," WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, DISTRICT and CONTRACTOR mutually agree as follows: 1. Scope of the Work. That CONTRACTOR shall perform all the work and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to construct: PROJECT #171 IRVINE FORCE MAIN REHABILITATION 2. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with the plans and specifications entitled Specifications for PROJECT#171 IRVINE FORCE MAIN REHABILITATION, and CONTRACTOR agrees to do everything required by this Contract and the Contract Documents including the plans and specifications and any general conditions. All labor, materials, tools, equipment and services shall be furnished on work performed, and under the direction, administration and subject to the approval of DISTRICT or its authorized representatives. CONTRACTOR warrants that it will not purchase mined construction material for this PROJECT except from a mining operation that is currently identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code. Refer to the current 3098 list for qualified mining operations at www.consrv.ca.gov/OMR/ab-3098-1ist/current—list. 3. Time of Completion. CONTRACTOR agrees to commence the work to be performed under this Contract within five (5) days of receipt of the "Notice to Proceed" and to diligently prosecute the work to completion before the expiration of SIXTY (60) WORKING DAYS from the date of,commencement. "Working days" means all calendar days except Saturdays, Sundays, and legal holidays. 4. Time of the Essence. Time is of the essence of this Contract. 5. Liquidated Damages/Delay Damages,. It is agreed by the parties hereto that in case the total work called for hereunder in all parts and requirements is not finished or completed within the number of working days as set forth herein, damage will be sustained by the DISTRICT, and that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which the DISTRICT will sustain in the event of and by reason of such delay; and it is therefore agreed the CONTRACTOR will pay to the DISTRICT the sum of TWO HUNDRED FIFTY and 00/100 Dollars 250.00) per calendar day for each and every day of delay in finishing the work in excess of the number of days prescribed in paragraph 3 and the CONTRACTOR agrees to pay said liquidated damages herein provided for, and further agrees that the DISTRICT may deduct the amount thereof from any monies due or that may become due the CONTRACTOR hereunder. The CONTRACTOR will be granted an extension of time and will not be assessed with liquidated damages for any portion of the delay in completion of the work beyond the time named herein for the completion of the work due to unforeseeable Causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strike, and unsuitable weather, or delays of subcontractors due to such causes, provided CONTRACTOR submits timely notification and a written Request for Change Order as required herein. The CONTRACTOR shall within ten (10) days from the beginning of any such delay (unless the DISTRICT shall grant a further period of time prior to the date of final settlement of the Contract) notify the District Engineer in writing of the cause of the delay, and the District Engineer shall extend the time for completing the work if in the District Engineer's judgment the cause so merits. The District Engineer's determination on this matter shall be final and conclusive on the parties hereto. CONTRACTOR shall also be required to submit a written Request for Change Order to District Engineerwithin fifteen (15) days of the date of such delay. No adjustment shall be allowed for such delay unless strict compliance with this contractual provision is effected. CONTRACTOR's remedy shall be limited to the extra days granted and to any damages that he may be entitled to using the formula agreed to by the parties for all damages as provided in Paragraph 28. 6. The Contract. Sum. DISTRICT agrees to pay and CONTRACTOR agrees to accept in full payment for the work above agreed to be done the sum of: two hundred ninety three thousand five hundred dollars ($293,500.001. 7. Progress Payments. Prior to the 25th day of the month next following the commencement of the work, there shall be paid to CONTRACTOR a sum equal to 95 percent of the value of the work completed since the commencement of the work as determined by the District Engineer and thereafter prior to the fifteenth day of each successive month as the work progresses. CONTRACTOR shall be paid such sum as will bring the payments up each month to 95 percent of the value of the work completed since the commencement of the work as determined by the District Engineer, less all previous payments, provided that CONTRACTOR submits his request for payment prior to the 25'h day of each preceding month. DISTRICT shall make the final payment, if unencumbered, or any part thereof unencumbered, 35 days after the acceptance of the work and the filing of a Notice of Completion. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the District Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. 8. Prompt Payments. DISTRICT agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30) days and to comply with the provisions of Public Contract Code Section 20104.50. 9. Retention Securities. Pursuant to California Contract Code Section 22300, CONTRACTOR will be entitled to post approved securities with the DISTRICT or an approved financial institution in orderto have the DISTRICT release funds retained bythe DISTRICT to insure performance of the Contract. 10. Specifications, The Standard Specifications for Public Works Construction, also known as the Greenbook, latest edition, shall be controlling unless a different specification is called out in the Contact Documents, including the Costa Mesa Sanitary District's Standard Plans and Specifications forthe Construction of Sanitary Sewers and the PROJECT #171 IRVINE FORCE MAIN REHABILITATION, 11. Change Orders. Change order requests shall be submitted to the District Engineer in writing who shall have discretion to determine the merit of the change order request. The District Engineer may approve or disapprove change orders in his discretion except that any change order resulting in an increase of the Contract price shall be co-signed by the District Manager and/or approved by the Board of Directors. No amendments, modifications, orwaivers of Contract terms or the Contract Documents, including additional compensation for extra work, will be allowed absent a written Change Order signed by both parties, 12. Prevailing Wage Rates. DISTRICT has ascertained the general prevailing rate of per them wages and the general prevailing rate for legal holidays and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and the same has been placed on file with the District Clerk at the District's principal office. Said per them wages can be obtained on the Internet at http://www. dir.ca.gov/dlsrfDPreWageDetermination htm. Said per them wages are deemed to include employer payments for health and welfare, pension, vacation, and travel time and subsistence pay, all in accordance with sections 1773.1 and 1773.8 of the Labor Code of the State of California. 13. Discrimination, Minorities, Aliens. The CONTRACTOR shall not unlawfully discriminate nor allow its employees, agents, principals, or subcontractors to unlawfully discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. 14. Compliance with Davis-Bacon Act. This provision does not apply to this Contract. 15. Payroll Records. The provisions of section 1776 of the Labor Code of the State of California regarding the preparation, maintenance and filing of payroll records are applicable to this Contract. Specifically, each CONTRACTOR and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per them wages paid to each journeyman, apprentice or worker employed by him in connection with the public work, THE CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE SUBMITTED TO THE DISTRICT ENGINEER FOR REVIEW ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUB-CONTRACTOR'S PAYROLL RECORDS. 16. Penal . CONTRACTOR shall, as a penalty to the DISTRICT, forfeit up to $50.100 for each calendar day or portion thereof for each workman paid (either by him or any subcontractor under him) less than the prevailing rate set forth herein on the work provided for in this Contract, all in accordance with section 1775 of the Labor Code of the State of California. 17. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONTRACTOR. 18. Legal Dg)Ls Work. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person unless the CONTRACTOR complies will all applicable Labor laws. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (section 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the DISTRICT as a penalty the sum of $25.00 for each workman employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said article. 19. Subcontracting. CONTRACTOR acknowledges that he is aware of the provisions of the "Subletting and Subcontracting Fair Practices Act" (Public Contract Code Section 4100 et seq.) and that he agrees to comply with all applicable provisions thereof. If any part of the work to be done under this Contract is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with this Contract. Upon request, certified copies of any or all subcontracts shall be furnished to the District Engineer or DISTRICT. The subcontracting of any or all of the work to be done will in no way relieve the CONTRACTOR of any part of his responsibility under the Contract. Breach of any of the above provisions will be considered a violation of the Contract, and the DISTRICT May: cancel the Contract, assess the CONTRACTOR a penalty of not more than 10 percent of the subcontract involved, or cancel the Contract and assess the penalty. All persons engaged in the work, including subcontractors, will be considered employees of the CONTRACTOR. He will be held responsible for their work. The DISTRICT will deal directly with and make all payments to the CONTRACTOR. 20. Workers' Compensation, CONTRACTOR shall Garry Workers' Compensation Insurance and require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. CONTRACTOR, by executing this Contract, hereby certifies: 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract." 21. Drug-Free Work. CONTRACTOR agrees to provide a drug-free workplace in accordance with 24 CFR part 24, sub-part F. Under 24 CFR part 24 sub-part F., the CONTRACTOR will provide certification in writing that it will provide a drug-free workplace by: (a). Publicizing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the action it will take against employees for violation of such prohibition; (b). Establish an ongoing drug-free awareness program to inform employees about- 1. Degrees of drug abuse in the workplace; 2. The policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs-, 4. The penalties which may be imposed on employees for drug abuse violations occurring in the workplace. (c). Making it a requirement that every employee to be engaged in the performance of the Contract be given a copy of the statement required by paragraph (a); (d). Notifying employees in the statement required by paragraph (a) that as a condition of employment under the Contract the employee will - 1. Abide by the term of the statement; and 2. Notify the employer in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. (e). Notify the DISTRICT in writing, within ten (10) calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employer of said convicted employee must provide notice, including conviction title, to the DISTRICT; (f), Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted - 1. Taking appropriate action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended-, or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. (g). Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). 22. Bonds. CONTRACTOR shall, prior to the execution of the Contract, furnish bonds approved by DISTRICT, one in the amount of one hundred percent (100%) of the Contract price, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by DISTRICT. Ali bonds shall be issued by an admitted surety insurer and the DISTRICT reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660. 23. CONTRACTOR'S Affidavit. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the District Engineer his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or material, except certain items, if any, to beset forth in an affidavit covering disputed claims, or items in connection with a Notice to Withhold, which have been filed underthe provisions of the statutes of the State of California. 24. CONTRACTOR'S Waiver. CONTRACTOR agrees to execute a Final Close Out Agreement and Release of All Claims. The execution by CONTRACTOR of the Final Close Out Agreement and Release of All Claims shall constitute awaiver of all claims against DISTRICT under or arising out of this Contract unless otherwise stated in said document. 25. Notice to Proceed. No work, services, material or equipment shall be performed or furnished under this Contract unless and until a "Notice to Proceed" has been given to the CONTRACTOR by the District Engineer and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by DISTRICT. 26. Termination. A. If CONTRACTOR should fail to comply with any of the provisions hereof, or in the event CONTRACTOR should become the subject of a proceeding under state or federal law for relief of debtors, or if CONTRACTOR makes an assignment for the benefit of creditors, DISTRICT shall have the right to hold CONTRACTOR in default and cancel this Contract in whole or in part. B. Should CONTRACTOR, at any time during the progress of the work, refuse or neglect to supply sufficient material or labor, or fail to comply with any provision of this Contract, DISTRICT shall have the right, without prejudice to any other right or remedy it may have, to provide such materials and labor, or make good such deficiencies as DISTRICT may deem expedient after three (3) days notice in writing, delivered or mailed to CONTRACTOR at his last address on file with DISTRICT, and CONTRACTOR shall be liable for the cost and expense thereof which may be deducted by DISTRICT from any money that may be due CONTRACTOR. C. Without limiting any rights which DISTRICT may have by reason of any default by CONTRACTOR hereunder, DISTRICT reserves the right to terminate this Contract in whole or in part at its convenience. In such event DISTRICT shall compensate CONTRACTOR, subject to deduction for previous payments (i) by reimbursing CONTRACTOR for 211 actual expenditures and costs incurred in per-forming under this Contract (H) by reimbursing CONTRACTOR for all expenditures made and costs incurred with DISTRICT'S prior written approval in settling or discharging outstanding commitments entered into by CONTRACTOR in performing under this Contract and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder, an amount equal to the profit on the entire Contract estimated at the time of termination, multiplied by the percentage of completion of the work. In no event, however, will the compensation to CONTRACTOR exceed the total Contract price less payments previously made and less the Contract price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all orders and subcontracts in connection with this Contract, (ii) immediately cancel all existing orders and subcontracts made hereunder and (iii) immediately transferto DISTRICT all materials, supplies, work-in-process, appliances, facilities, equipment, machinery and tools acquired by CONTRACTOR in connection with the performance of this Contract. 27. CONTRACTOR'S Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by District Engineer and/or DISTRICT for purposes of letting this Contract out to bid, will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of the Contract Documents. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 28. Dama-geslExtra Work Compensation. The parties have agreed to modify the formula for damages set forth in the Standard Specifications for Public Works Construction. The parties agree that the damage formula shall be used to measure all of CONTRACTOR's damages or extra work required by this job. CONTRACTOR shall be limited to the following: Direct costs Mark-up Labor 20% Materials 15% Equipment Rental 15% Other items 15% Subcontracted work 10% (first $5000) Subcontracted work 5% (work in excess of first $5000) Specialty Subcontracting (required by extra work) 5% (Provided at least three competitive bids are obtained and contractor selected the lowest bidder) Excluded from recovery shall be so-called "Eichleay damages" including, but not limited to, home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and lost interest. CONTRACTOR acknowledges that his recovery for damages or extra work is limited as provided in this paragraph, CONT ! MA Initials 29. Other Documents Included. It is further agreed by the parties hereto that the following documents are incorporated into this Contract by reference and are to be read and construed together as the full, complete and integrated terms of this Contract: A. Notice Inviting Bids B. Supplementary Bid Addenda or Bulletins, if applicable C. Proposal Packet D. Standard Specifications for Public Works Construction "Greenbook," latest edition E. Costa Mesa Sanitary District Standard Plans and Specifications for the Construction of Sanitary Sewers F. Construction Plans and Specifications for Project #171 Irvine Force Main Rehabilitation G. Standard Drawings (Costa Mesa Sanitary District Drawings and City of Costa Mesa Drawings) K Soils Report 1. City of Costa Mesa Encroachment Permit J. Faithful Performance Bond K. Payment Bond L. Approved Change Orders, if applicable M. Contractor's Affidavit N. Final Closeout Agreement and Release of All Claims The documents listed in this Paragraph, including this Contract, shall be known and referred to collectively as the "Contract Documents." 30. Interpretation. In the event of any conflict, inconsistency or incongruity between the provisions of this Contract and the provisions of any of the Contract Document(s) referenced in Paragraph 29 hereof, or amendments thereto, the provisions of this Contract shall control in all respects, 31. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. If any action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the DISTRICT as a partyto said action, DISTRICT shall be entitled to reasonable attorney's fees, costs and necessary disbursements. 32. Additional Costs. CONTRACTOR shall be responsible to reimburse DISTRICT a sum equal to the expenses of administration and legal services required to be expended by DISTRICT in processing Notices to Withhold, Stop Notices, orsimilar legal documents arising out of a failure of the CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in the payment bond required by the CONTRACTOR. The DISTRICT shall further have the right to offset any such costs and expenses incurred by DISTRICT against any sums owing to CONTRACTOR. 33. Insurance. CONTRACTOR agrees to provide insurance in accordance with the requirements set forth herein. If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The following coverages will be provided by CONTRACTOR and maintained: on behalf of the DISTRICT and in accordance with the requirements set forth herein. Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISO- CGL form No. CG 00 01 11 85 or 88 or equivalent, as determined by District Counsel. Total limits shall be no less than one (1) million dollars per occurrence for all coverages and three (3) million dollars general aggregate. DISTRICT and its employees and agents shall be added as additional insured using ISO additional insured endorsementform CG 2010 with an edition date prior to 1992 or equivalent, as determined by District Counsel, Coverage shall apply on 2 primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to DISTRICT or any employee or agent of DISTRICT. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a "drop down" provision providing primary coverage above a maximum $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be on the following form to any underlying coverage. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. Policies shall have concurrent starting and ending dates. District Counsel shall have the authority to make determinations on the acceptability of forms of insurance coverage. A determination that the form of coverage is not acceptable shall cause the award to go to the next lowest responsible bidder. Business AutolUmbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto Coverage form CA 00 0106 92 including symbol 1 (Any Auto) or equivalent, as determined by District Counsel. Limits shall be no less than one (1) million dollars per accident. Starting and ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable, Workers'Compensation/Employers' Liability shall bewritten on a policyform providing workers' compensation statutory benefits as required by law. Employers' liability limits shall be no less than one (1) million dollars per accident or disease. Employers' liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the DISTRICT, its employees or agents. CONTRACTOR and DISTRICT further agree as follows.- 1. This Section supersedes all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 2. Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Contract. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Contract and shall be interpreted as such. 3. All insurance coverage and limits provided pursuant to this Contract shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Contract or any other agreement relating to the DISTRICT or its operations limits the application of such insurance coverage, 4. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to, be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 5. For purposes of insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Contract. 6. All general or auto liability insurance coverage provided pursuant to this Contract, or any other agreements pertaining to the performance of this Contract, shall not prohibit CONTRACTOR, and CONTRACTOR'S employees, or agents, from waiving the right of subrogation priorto a loss. CONTRACTOR herebywaives all rights of subrogation against DISTRICT. 7. Unless otherwise approved by DISTRICT, CONTRACTOR'S insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best's" Insurance Guide rating of "AM11". Self-insurance will not be considered to comply with these insurance specifications. & In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, DISTRICT has the right but not the duty to obtain the insurance it deems necessary and CONTRACTOR will promptly reimburse any premium paid by DISTRICT. 9, CONTRACTOR agrees to provide notarized evidence of the insurance required herein, satisfactory to DISTRICT, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to CONTRACTOR'S general liability and umbrella liability policies (if any) using ISO form CG 2010 with an edition priorto 1992 or equivalent, as determined by the District Counsel. Certificate(s) are to reflect that the insurer will provide 30 days notice of any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such certificates of any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. CONTRACTOR agrees to provide complete copies of policies to DISTRICT upon request. 10. CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished within 72 hours of the expiration of the coverages. 11. Any actual or alleged failure on the part of DISTRICT or any other additional insured under these requirements to obtain proof of insurance required under this Contract in no way waives any right or remedy of DISTRICT or any additional insured, in this or any other regard. 12. CONTRACTOR agrees to require all subcontractors or other parties hired forthis project to provide general liability insurance naming as additional insured all parties to this Contract. CONTRACTOR agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts CONTRACTOR enters into on behalf of DISTRICT, will reserve the right to charge back to DISTRICT the cost of insurance required by this Contract. CONTRACTOR agrees that upon request, all agreements with subcontractors or others with whom CONTRACTOR contracts with on behalf of DISTRICT, will be submitted to DISTRICT for review. Failure of DISTRICT to request copies of such agreement will not impose any liability on DISTRICT, or its employees. 11 If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insured., 14. CONTRACTOR agrees to provide immediate notice to DISTRICT of any claim or loss against CONTRACTOR that includes DISTRICT as a defendant. DISTRICT assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve DISTRICT. 34. Indemnification. CONTRACTOR and DISTRICT agree that DISTRICT should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Contract, Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the DISTRICT, except for liability attributable to the DISTRICT'S active negligence. CONTRACTOR acknowledges that DISTRICT would not enter into this Contract in the absence of this commitment from CONTRACTOR to indemnify and protect DISTRICT asset forth here. To the fullest extent permitted by law and excepting only the active negligence of DISTRICT, established by a court of competent jurisdiction or written agreement between the parties, CONTRACTOR shall defend, indemnify and hold harmless DISTRICT, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by DISTRICT, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Contract. All obligations under this provision are to be paid by CONTRACTOR as incurred by DISTRICT. Without affecting the rights of DISTRICT under any provision of this Contract or this Section, CONTRACTOR shall not be required to indemnify and hold! harmless DISTRICT as set forth above for liability attributable to the active negligence of DISTRICT, provided such active negligence is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the DISTRICT is shown to have been actively negligent and not in instances where CONTRACTOR is solely or partially at fault or in instances where DISTRICT'S active negligence accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be for that portion or percentage of liability not attributable to the active negligence of DISTRICT as determined bywritten agreement between the parties or the findings of a court of competent jurisdiction. The obligations of CONTRACTOR under this or any other provision of this Contract will not be limited by the provisions of any workers" compensation actor similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to DISTRICT, its employees and officials. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor, sub-tier contractor or any other person or entity involved by, for, with, or on behalf of CONTRACTOR in the performance of the subject matter of this Contract. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required here,. CONTRACTOR agrees to be fully responsible according to the terms of this section. Failure of DISTRICT to monitor compliance with these requirements imposes no additional obligations on DISTRICT and will in no way act as a waiver Of any rights hereunder. This obligation to indemnify and defend DISTRICT as set forth herein is binding on the successors, assigns, or heirs of CONTRACTOR and shall survive the termination of this Contract or this section. 35. Permits. The CONTRACTOR shall obtain from DISTRICT, City, County, State, Federal or other responsible public agencies all licenses and permits, and pay all fees related thereto, necessary to complete the job. 36. Assignment. No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the DISTRICT unless such assignment has had prior written approval and consent of the DISTRICT and the Surety. 37. Safety and Site Condition. CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR'S responsibility to keep the site in a dean, neat and orderly condition. It shall also be CONTRACTOR'S duty to dust-palliate 211 working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created, 38. Utility Location. DISTRICT acknowledges its responsibilities with respect to locating facilities pursuant to California Government Code Section 4215. 39. Trenching. If this Contract involves digging trenches or other excavations that extend deeper than four feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the District Engineer in writing, of any: (a) Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class 1, Class 11, or Class III disposal site in accordance with provisions of existing law. (b) Subsurface or latent physical conditions at the site differing from those indicated. (c) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. (d) The District Engineer shall promptly investigate the conditions, and if he finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR'S cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with the procedures described in this Contract. (e) In the event that a dispute arises between District Engineer and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The CONTRACTOR shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. 40. Notices. The parties hereto agree that all formal notices required by this Contract may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows: DISTRICT: District Engineer Costa Mesa Sanitary District 628 W 19th Street Costa Mesa, California 92627-2716 CONTRACTOR: GCI Construction, Inc. 245 Fisher Ave,, Suite B3 Costa Mesa, CA 92626 41. Effect of Invalidity. The invalidity in whole or in part of any provisions hereof shall not affect the validity of any other provision. 42. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents or representatives has offered or given any gratuities to DISTRICT'S employees, agents or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 43. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any architect, engineer or other preparer of the plans and specifications for this project, 44. Copeland "Anti-Kickback" Act. If applicable to this Contract, CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each Contractor shall be prohibited from requiring, by any means, any person employed in the construction, completion or repair of any public work, to give up any part of the compensation to which he is otherwise entitled. 45. Final Closeout Agreement and Release of All Claims. Prior to filing the Notice of Completion the CONTRACTOR and DISTRICT shall execute and record a Final Closeout Agreement and Release of All Claims. 46. Guarantees, CONTRACTOR shall and hereby does guarantee all work for a period of one (1) year after the date of filing of the Notice of Completion and shall repair and replace any and all such work, together with any other work which may be displaced in so doing that may prove defective in workmanship and/or materials within the one (1) year period from date of the filing of the Notice of Completion, without expense whatsoever to the DISTRICT, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions within five (5) days after being notified in writing, the DISTRICT is hereby authorized to proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who shall pay the cost and charges therefore immediately on demand. 47. Job Progress, CONTRACTOR agrees to maintain a critical path analysis throughout the project. CONTRACTOR agrees to meet with the District Engineer on a weekly or other periodic basis, or as requested by the District Engineer to review job progress. CONTRACTOR agrees to provide District Engineer with critical path analysis documentation wheneverjob progress is impacted so that the completion date may be affected or whenever delays or other impacts may give rise to CONTRACTOR'S claim for additional days or additional damages. Delay and other claims of damages based on CONTRACTOR'S planned early completion are prohibited. 48. Resolution of Claims. For all claims that are less than Three Hundred and Seventy Five Thousand Dollars ($375,000.00), the provisions of Public Contracts Code Section 20104 et seq. (Article 1.5 — Resolution of Construction Claims) shall be followed. 49. Notice to Contractor of Claims. DISTRICT shall provide notice to CONTRACTOR upon receipt of any third-party claim related to the Contract. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the date and year first above written. F.11190 Mike Scheafer Secretary of the Board of Directors Colin R. Burns Associate District Counsel Robert Ooten President of the Board of Directors NOINKEDFUSIN"I Name: GCI Construction, Inc. Address: 245 Fischer Avenue Ste. B3 Costa Mesa, CA 92626 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h d d official sea]. otary Public) JANET L. RUSSELL Commission # 1872135 z z Notary Public - California z Z Orange County My Comm. Expires Dec 21, 2013 FAITHFUL PERFORMANCE BOND PAGE I EXECUTED IN TRIPLICATE Bond No. 0474324 PREMIUM: $4,226.00 KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation and sanitary district, by minute order of the Board of Directors, adopted on March 22, 2012, has awarded to CONTRACTOR GCI Construction, Inc. 245 Fisher Ave,, Suite B3, Costa Mesa, CA 92626 hereinafter designated as the "Principal", Contract No. CMSID #171 for the work described as follows: PROJECT #171 RRVNIE FORCE MAIN REHABILITATION. Said Contract and all of its obligations, covenants, terms and conditions are fully incorporated herein by reference. WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract, including a one year guarantee of the work performed. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and International Fidelity Insurance Company One Newark Center, 20'h Floor, Newark, New Jersey 07102 - 5207(973) 624-7200 (NAME AND ADDRESS OF SURETY) Duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: two hundred ninety three thousand five hundred dollars ($293,500.00), said sum being not less than one hundred (100%) percent of the Contract price for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burdened Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the said Contract and any alteration thereof made as therein, provided, on his or their part, to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Costa Mesa Sanitary District, its offices and agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. This obligation, covers a one year guarantee on work performed after said work has been completed. The one year period shall commence on the date the Notice of Completion has been recorded. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees as fixed by the court, FAITHFUL PERFORMANCE BOND PAGE 2 Bond No. 0474324 And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the work. IN WITNESS WHEREOF, we have hereunto set our hands and seals this Ist day of MARCH 2012. GC1 CONSTRUCTION, INC. Contractor Name 245 FISCHER AVENUE, B3 Street Address COSTA MESA, CA 92626 City, State, Zip Code By signing below, Surety certifies that the bonds are issued by an admitted surety. INTERNATIONAL FIDELITY INSURANCE COMPANY Name ONE NEWARK CENTER 20TH FLOOR, Street Address NEWARK NEW JERSEY 07102 M Colin R. Burns, Associate District Counsel Costa Mesa Sanitary District By /s/ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Commission JANET L. RUSSELL 41 18�721� r935 Notary Public - California zZ Z Orange County t MY Comm. Expires Dec 21, 2013 who proved to me on the basis of satisfactory evidence to be the person(k) whose name() is/ W6 subscribed to the within instrument and acknowledged to me that heXWDQW executed the same in hjs/iWMW authorized capacity(f), and that by his/XWD;Msignature(.1!4 on the instrument the person((), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official se Signature Piece Notary Seat AbcyB OPTIONAL 4" -Signatuia of NZ!!! Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Dccument: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s). 0 Partner — 0 Limited 0 General 0 Attorney in Fact Cl Trustee El Guardian or Conservator 0 Other: Signer Is Representing: FIIGHTJMUMBPRINT, Number of Pages: Signer's Name: 0 Individual D Corporate Officer — Title(s): — El Partner — 0 Limited El General 0 Attorney in Fact C Trustee ❑ Guardian or Conservator C Other: Signer [s Representing: RIGHUTTHUMERIPRM111 i, FISIGNSW1'111111,""' k"'! Top of thumb here (D2007 National No;ary AssocfaUon - 9350 De Solo Ave., P.C. Box 24U2 - Chatsworth, CA 51313-2402- vAymNationalNorary.org lemM5907 ReortderCa]lToti-Fteal-800-67"B27 I If AII, State of California County of RIVERSIDE On '3 —1 before me, R. NAPP I "NOTARY PUBLIC" (Here insert name and title ofthe of personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persoRWwhose name(sris/am subscribed to the within instrument and acknowledged to me that he/sheMtey executed the same in his it authorized capacity�ies.� and that by hMw44h#k signature(<on the instrument the personX, or the entity upon behalf of which the personwacted, executed the instrument. DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER 0 Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) * Attorney-in-Fact ❑ Trustee(s) [J Other 2008 Version CAPAv]2.10.07800-873-9865 wwwNtilaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California nuert contain verbiage exactly as appears above in the notary section or a separate acknorti,ledginew form must he properly completed and attached to that docotnew. The only exception is if a document is to he recorded outside of California, ht sari) instances, an), alternative acknmyledgmenj verbiage as may be printed on such a document so long as The verbiage does not require the notary to do something that is illegal for a notary in California (i.e, certifying The authorised capaciV of the signer). Please check fire document carefidly for proper nararial wording and attach thisforni if required • State and County information must be the State and County where the document signur(s) personally appeared before the notary public for acknowledgment, • Date of notarization must he the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed, • The notary public must print his or her name as it appears within his or her commission followed by a comma and them your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/dw y—, is/am ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re•scal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the offee or the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document PAYMENT BOND EXECUTED IN TRIPLICATE PAGE 1 PREMIUM INCLUDED IN PERFORMANCE BOND Bond No. 0474324 FIVIVYFRINT FL-T. - -�l �*,� PAYMENT BOND (LABO• AND MATERIAL BOND) THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation and sanitary district, by minute order of the Board of Directors, adopted on March 22, 2012, has awarded to CONTRACTOR GCI Construction, Inc. 245 Fisher Ave., Suite 133, Costa Mesa, CA 92626 hereinafter designated as the "Principal", Contract No. CMSD PROJECT NO. 171 for the work described as follows: PROJECT #171 IRV[NE FORCE MAIN REHAB LITATION, Said Contract and all of its obligations, covenants, terms and conditions are fully incorporated herein by reference. WHEREAS, said Principal is required by the provisions of said Contract and of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and lnternationall Fidelity Insurance Company One Newark Center, 201h Floor Newark, New Jersey 07102-5207, (973) 624-7200 (Name and Address of Surety) Duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: two hundred ninety three thousand five hundred dollars (�2P3 0. 01, said sum being not less than one hundred (100%) percent of the estimated amount payable under the terms of the Contract for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his subcontractors, or the heirs, executors, administrators, successors or assigns thereof, shall fall to pay any of the persons named in Section 3181 of the Civil Code of the State of California for any materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor performed by any such claimant or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, then said Surety will pay for the same, in an amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought upon the bond, will pay a reasonable attorney's fee to be fixed by the court. 'This bond shall inure to the benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to give a right of action to them or their assigns in any suit brought upon the bond. PAYMENT BOND PAGE 2 Bond No. 0474324 Further, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligation on this bond; and it hereby waives notice of any and all such changes, extensions of time, and alterations or modifications of the Contract Documents and/or of the work to be performed thereunder. IN WITNESS WHEREOF, we have hereunto set our hands and seals this —1st day of MARCH 2012. GCI CONSTRUCTION, INC. Contractor Name 245 FISCHER AVENUE, B3 Street Address COSTA MESA, CA 92626 City, State, Zip Code By signing below, Surety certifies that the bonds are issued by an admitted surety. INTERNATIONAL FIDELITY INSURANCE COMPANY Name ONE NEWARK CENTER 20TH FLOOR_ Street Address NEWARK NEW JERSEY 07102 City, State, Zip Code SURETY By:_ Company Repre' r ntative MIC L D. STTONG, 0 ATTORNEY-IN-FACT Colin R. Burns, Associate District Counsel Costa Mesa Sanitary District By /s/ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT WITNESS my and and official sea SignaturezpE Place Nalaxy Seal Above Slgnaluie of No a OPTIONAL Though the inrcrmation below is riot required by law, it may prove valuabte to persons relying on the docurnent and could prevent ft uduJ&nt removal and reattachment of this form to another docurnent. DeSGription of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: El Individual 0 Individual * Corporate Officer — Title(s): Q Corporate Officer — Title(s): * Partner — E) Limited D Generan 0 Partner -0 Limited 0 General * Attorney in Fact 0 Attorney in Fact 0 Trustee Top of lhumtt here [I Trustee Top of lhLmb here El Guardian or Conservator 0 Guardian or Conservator El Other: 17 C3 Other:—..-. Signer Is Representing, Signer Is Representing: 02007 National Nalary Assodadon - 9350 De Sato Ava. P.O. Box 2402 -Ch2trimr1h, CAL 91313-2402, Nv6v%vNaHanaJNcLary.arg lferngb907 Sporder.COATiji[•Ffueil-GW676�6827 State of California County of RIVERSIDE On before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and tide of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person whose narrie(eis/am subscribed to the within instrument and acknowledged to me that he/she,44-t" executed the same in hisAwf*ireiT authorized capacitykie4 and that by his/lwx4hak signaturcKon the instrument the personK, or the entity upon behalf of which the person�<acted, executed the instrument. DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.0780D-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment coniplered in California must contain verbiage exactly as nppeary above in the notary section or a separate acknowledgment jam; must be properly completed and attached to that document, rile only exception is if a document is io be recorded outside of California, [it such instances, an), ofternative acknowledgment verbiage as may he printed on such a document so long as the verbiage does not require the notary to do something that is illegal far a notary in California (U certifying the outhorked capacity of the signer). Please check fire document carefully for proper notarial warding and attach lhisforin t(required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary publir for acknowledgment • Date of notarization most be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and than your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural Forms by crossing off incorrect forms (i.e. helsheAhe),,— is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If sea] impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on rile with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate tide or type or attached document, number of pages and date, Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary), • Securely attach this document to the signed document Tel (973) 624-7200 WE HOME OFFICE` ONE NEWARK CENTER, 20rH FLOOR NEWARK, NEW JLRSEY 07102-5207 KNOINALL MIEN BY THESE PRESENTS: That INTERNATIONAL FIDLIJTY INSUR%,NCE COMPANY, a coeporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Nc,,xark, New Jersey, does hctebg+"onstiiaiW and appoint MICHAEL D, STONG, JEREMY PENDERGAST Riverside, CA, its true and lawful atteincy(ss-in-fact to ekecute.ical and deliver for and on its behalf as,;ureLv an and all bonds and undertakings uornracts of indemnity and other Nvriting,, obligatm) in the nature thereof, which arc of may be allowed required or perinitted by lair,,, statute, rule, regldtion, contrau or otherwise, and the execution of such inswiment(O in pursuance of these presents, ,hall be as binding upon the said 1N'1%RNAT1 NAL FIDFLITV INSURANCE COMPANY, as fully and ,amply -, to' all intents and purpose;,, as if the same had been duly exeured anti acknowledged by its reguhijbi elected offy�ers at its PTHILIPAI office, I his power of Attoine as CXLCUted, and nial be rcvoked,, pursuant to and b) authority of Article 3- Section 3, of the 13y Laws ado red by the Board of Director i'JONAL FIDELITY NSURANCE COMPANY at a meeting called and held on the 7th day of February, N974, The President or any Vice President, Lxtcutrvt.- Vroe President, Sceretaiy or Assistant St,,,;retaiy , shall have po�vei and authority (fi To appoint Attorneys -in-tact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and irndeT�Uk'i'ngs. conhacts of indemnity and �,ther writings obligatory in the nature thereof and, 12) To remove, at any time any such attorney. -in fact and revoke the authority given Further this Po+k ei of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Diretrit,,; of said Cotriparry adopted at 3 meeting duly caHe(i and held on the 29th day of April, 1()92 of which the following is a true C xCCTPL Now therefore the siszriatuross of such officers and the seal of the Company may bt, affixed to any such power of attoijie, or any ;=fifiate relating tho- etri by facsimile and ariN stich po%ver of It[Orney or certificate bearing suLb facsimile signatures or facsimile seal shall he valid and binding pon tht� Company and any I any such power so executed and certified by NLSLITHIe signatures and facsimile seat shall be valid and binding upon (fie Company in rNic future with tospe(t to any bond or rrndertad<mg to which it is attached. 0 <jCN&—v1 T Y )i IN I LS1 INIONA' WHEREOF, INTERNATIONAL FIDELITI INSURANCE COMPANY has oair,4cd this instrument to be k D, 2007� signed and its corporate seal to be affixed by its authorized officer. thv,, 10th da,. Of OLtObeL INTERNATIONAL FIDELITY INSURANCE: COMPANN '61�&EAL STAT F OF NhVo` JERSEY j 904 County (if F7,' Lx Secretar,,, on this l('ith ciav of oLtober 2007, bef1jre Me came the indavidudl vho f—ii.t.,uted the recedw� iristrument. to me, pvrsorialh known, And. being by me duly, ivioin, said the he Jr the ilierein descrilmd air(,] audaotizL4 officer of the INTERNATIONAL IDELITY INSURANCE COMPANY; that the seas affixed to said instrument is the ( orpotatt Seal of said Cumpariy I that the ,aid Cotporate Seal and his signature were duly affixed by order of the 13(taid of DjTecvtr�. of said Company. w, 0 Al ­ V IN TESTINIONY WHEREO1,, I have hereunto set in) hand;iffixed my Offiwal seal, o "\ di and year fort above v,,i taco, the City of NevN ark, N," Jersey th -, �, Z Or., Nes A NOTARY PI IBLIC OF NDA JERSEY (TRTIFICA FION N4y Commission E\pirts March. 27. 2014 1, the utideysjgncd OffiLel Of INTERNATIONAL FIDETFFYJNSURANCE COMPANY deg hereby certify I have eaompated the foregoing c-opy of the Pvotei of �,ktrorne) aird affidant. and the cop) of the Section of the BN -Laws of �,aid Cornpan� a,� set toith in said Power of Attornej, , imtb the, ORIGINALS ON ICs `l HF HoNll-'Or:FfCL OF SAID COMPANY, and that the saute arc ,:otrec�t ttdnscnpt�. thereot, and of tire whole of the .ard oi iginals, and that the said Porter tit Attorney has not been revoked and 11, 1)0',N in full force and effect '10 ), IN TTSTIMON)' WHEREOF, I have hereunto in), hand this; 614 day of L 1 — ASSIStAnt SeLletdae r. s ' QATE YYYY) CERTIFICATE F LIABILITY INSURANCE 03102/ 12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 855 -403 -9800 CONTACT Compass Direct Ins Svc, Inc. 13681 Newport Ave., Ste 8 #622 714-665-9801 PHONE FAx (N9, Nq,.Ext):..- _ - - - -__ _ Tustin, CA 92780 E -MAIL _ m ADDRESS:. _... _....... .... LIMITS PRODUCER - - -- - —.., CUSTOMER IQ St: GCIC0 -1 _ --- ---_ -- - --- -._ ._... INSURED GCI Construction Inc _ INSURER(S) AFFORDING COVERAGE NAIC # ,. Great American AssuranceCa. INSURERA d/ 26344 245 Fischer Ave., ate B3 INSURER B Wesco InsurancemCompany Y 25011 Costa Mesa, CA 92626 1k- ....... ._ ... ...' - . Everest National Insurance Co INSURER C r°` 10120 µ 1 1. AGCS Marine Insurance Company " l 83 lv iNSuRER Q 1 (1411)1111 �22��r7 INSURER E Ass Co. of America (Zurich) _. ... .............. .. ....... 'DAMAGE TO RENTED INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE - POLICYEFF....POLICYEXA LTR N IryN. POLICYNUMBER �- _ (MMaDD,rYYYY MMtQQIYYYY _... _....... .... LIMITS -._._ .. ............._.. 1. GENERAL LIABILITY , EACH OCCURRENCE $ 11000,000 A ! X j COMMERCIAL GENERAL LIABILITY X X L 1 21 11}779 1 (1411)1111 04f41112 'DAMAGE TO RENTED .. ° 5 5 0,000 CLAIMS -MADE X OCCUR I k pREfUiISES (Ea occurrence) _ _ Excluded L— OCUIDeductible MED EXP (Any one person) PERSONAL&ADVINJURY $ j$ 1,000000 $ro — ._. —_ -- p GENERAL AGGREGA rE $ 2 000,000 GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS - COMPPOP AGG $ 2,000,000 POLICY X �ECT LOC jEmp. Ben. S 1,000,00 AUTOMOBILE LIABILITY X X COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO WPP1020640 i 04101111 04701112 (Ea accident) , - — - - . _ - -- - - -._. BODILY INJURY (Per person) $ ALL OWNED AUTOS � ' -- BODILY INJURY (Per accident) $ SCHEDULED AUTOS NO LIABILITY DEDUCTIBLE - X PH OP DAMAGE $ HIRED AUTOS (Perr a ddenI) X NON -OWNED AUTOS __. _....... $_ k.� X I Corn pfColl Ded $1000 — — Ih a $.._._ _ '...... X..I UMBRELLALIAB j X„ OCCUR ... EACH OCCURRENCE $ 4,000,000 EXCESS LIAR CLAIMS-MADE, A _ _ X iUM62100779 04/01711 04101112 +_ AGGREGATE $_ 4,000,000 DEDUCTIBLE RETENTION $ 1 WORKERS, WC STAT4J� OTH AND MPL.OXERSELIABILlTTY YIN I�. t TORY LIMITS ..X. i ER C ANY PROPRIETORIPARTNERJEXECUTIVE 7500001466181 0371'7111 03117112 OFFICERIMEMBER N A X E L. EACH ACCIDENT $ 1,000,000 EXCLUDED, (Mandatory in NH E L DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under ........ .. .. -,. _... . ........... .— .. . . DESCRIPTION OF OPERATIONS below i E.L DISEASE -POLICY LIMIT $ 1,000,..000 D ;IM- EgpdLesd- Hrd -ft IMXI98401780 04/01111 04101/12 Sch Limit 641k710 E ,COC - Zurich V IBR70274487 05117111 ( 05117112 I Limit 198,52 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Certificate holder and its employees, agents and officials are named as additional insured as per attached endorsements with respects to work performed by the insured as per contract. Project: 171 Irvine Force Main Rehabilitation. *10 day notice for non - payment of premium* CERTIFICATE HOLDER CANCELLATION Should'' any of the above described policies be cancelled before the expiration date therof, the issuing insurer will mail 30 days Costa Mesa Sanitary District written notice to the certificate holder named to the left. 628 W. 19th Street Costa Mesa, CA 92627 AUTHORIZED REPRESENTATIVE O 1988- 9 A OR ORP TI All rights reserved. ACORD 25 (2009109) The ACORD name and logo are reg r d marksACO D �4 ,f _Cf tttj State of California County of 0 n before me, Ck-1 C 0��, N C) tos ,\ Date Here Insert Name and Trfla of the Officer personally appeared 1k, e t r Name(&) of Signor(p) SANDRAill, KOOK,ER R ;o #188 Commission # 18,86919 LS otary Pu I I Z Notary Public • California County r Orange County M r y Comm. Expires A r 24, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(a) whose name(p) is /are subscribed to the within instrument and acknowledged to me that he/&heA43y executed the same in his/ °r authorized capacity (Las), and that by his/#e##w-* signature(s) on the instrument the person(s), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature_ SignaluTrOW Notary PuVrc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Title or Type of Document: Signer(s) Other Than Named Above, Signer's Name: E Individual ❑ Corporate Officer— Title(s): ❑ Partner — [::.I Limited LL General ❑ Attorney in Fact BEEN D Trustee Top of 11hUmb here ❑ Guardian or Conservator F-1 Other: Signer Is Representing: ................. Number of Pages: Signer's Name:_ 0 Individual Ll Corporate Officer — Title(s): L Partner — LJ Limited L General El Attorney in Fact ❑ Trustee D Guardian or Conservator [".­J Other: Signer Is Representing: "Rio AR V V E 02007 National Notary Association- 9350 De Sato Ave., PO Box 2402 -Chatsworth, CA 91313-2402-www.NatfionaiNotaryorg Item #5907 RecI Call Toll-Free 1 -800-876-6627 insured: GCI Construction, Inc. Policy # GLP2100779 Policy Period: 04/0112011 - 04/0112012 CG 20 37 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Additional Insured Person(s) or Organ ization(s): Any person or organization that '.you'" and such person or organiza- tion have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on "your "` policy, but only for "your work" perfnrmed during this policy per i od . Schedule Location and Description of Completed ('operations: Per Certificate(s) of Insurance "Your work" performed during this policy per i od . Additional Premium: Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION 11 - WHO IS AN INSURED is amended to include as an Additional Insured the person(sI or organization(s) shown in the Schedule, but only with respect to liability for "'bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that Additional Insured and included in the "products— completed operations hazard." Copyright, ISO Properties, Inc., 2.004 CG 20 37 (E6 07104) PRO (Page 1 of 1) Great American Assurance Company GC1 Construction, Inc. CG 20 33 Policy # GLP2100779 (Ed 07 04) Effective: 04/01/11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION 11 - WHO IS AN INSURED is amended to include as an Additional Insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an Additional In- sured on your policy. Such person or or- ganization is an Additional Insured only with respect to liability for "bodily injury," prop- erty damage" or "personal and advertising in- jury" caused, in whole or in part, by: 1. your acts or omissions; or 2. the acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the Additional Insured. A person's or organization's status as an Ad- ditional Insured under this endorsement ends when your operations for that Additional In- sured are completed. B. With respect to the insurance afforded to these Additional Insureds, the following addi- tional exclusions apply. 1,M7i!J W jv� This insurance does not apply to: 1. "Bodily injury," "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including a. the preparing, approving, or 'failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications, or b. supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," or "property damage" oc- curring after: a. all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insuredis) at the location of the covered operations has been completed, or b. that portion of "your work!' out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project Copyright, ISO Properties, Inc., 2004 CG 20 331 (Ed, 07104) XS Insured: GCI Construction, Inc. Policy # GLP2100779 Policy Period: 04/01/2011 - 04/01/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM GAC 3649CG (Ed. 1' 1 06) This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non—contributory. GAC 3649CG (Ed. 11/06) XS Insured: GCl Construction, Inc. CG 24 04 Policy # GLP2100779 (Ed. 05 09) Policy Period: 0410112011 - 04/01/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule Name of Person or Organization: Any person or organization for whom or on whose behalf "you" are performing operations when "you" and such person or organization have agreed in writing in a contract or agreement to waive any right of recovery "we" may have against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV - CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the " "products— completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. Copyright, ISO Properties, Inc., 2008 CG 24 04 (Ed. 05/09) PRO (Page 1 of 1) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: i • �11 1WI111110191WO] Any construction project where "you" are performing operations when "you" have agreed in writing in a contract or agreement that a separate General Aggregate Limit shall apply to such construction project, but only if "your work" on or at the construction project is performed during the period of this policy, (If no entry appears above, information reqUred to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A. (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C. (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that Fmit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A. except damages because of "bodily injury" or "property damage" included in the "products—completed operations hazard," and for medical expenses under Coverage C. regardless of the number of: a. Insureds; b. claims made or "suits" brought; or c. persons or organizations making claims or bringing "suits." Copyright, Insurance Services Office, Inc., 1996 CG 25 03 (Ed. 03/97) PRO (Page 1 of 2) Any payments made under Coverage A. for damages or under Coverage C. for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the apphcable Designated Construction Project General Aggregate Limit B. For all sums which the Insured becomes legally obligated to pay as damages caused by 'occurrences" under COVERAGE A. (SECTION 1), and for all medical! expenses caused by accidents under COVERAGE C. (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: any payments made, under Coverage A. for damages or under Coverage C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. such payments shall not reduce any Designated Construction Project General Aggregate Limit, C. When coverage for liability arising out of the "products - completed operations hazard" is provided, any payments for damages because of "bodily injury," or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate �Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables. the project will still be deemed to be the same construction project. E. The provisions of LIMITS OF INSURANCE (SECTION 111) not otherwise modified by this endorsement shall continue to apply as stipulated. Copyright, Insurance Services Office, Inc., 1996 CG 25 03 (Ed. 03197) PRO (Page 2 of 2) ASA129� POLICY NUMBER., WPPI020640 00 COMMERCIAL AUTO CA 20 48 02 99 ��mj 4F 11 im This endorsement modifies Insurance provided under the following: I I SIVI 10121 ; I Z, RA 0 Loll Ar With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi. sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below, Endorsement Effective: Countersigned By: 11/01/11 Named Insured: GCI CONSTRUCTION, INC. I� Name of Person(s) or Organization(s): ANY PEkSON OR ORGANIZATION WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT, EXECUTED PRIOR TO LOSS, TO NAME AS ADDITIONAL INSURED. (If no entry t.ppears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown In the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. SUCH INSURANCE AS IS AFFORDED BY "[TITS POLICY SHALL BE PRIMARY INSURANCE, AND ANY INSURANCE OR SELF-INSURANCE MAINTAINED BY THE ABOVE :ADDITIONAL INSURED SHALL BE p ,XCESS OF THE INSURANCE AFFORDED TO THE NAMED INSURED AND SHALL NOT CONTMUTE To Irr. 'WAIVE R OP SUBROGATION APPLTS CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 INSUASO FT-119 WA il rJy*J 1 WTJ A 1 5 4 F-A C 11111 1110 ILI &I IT-17-511"ki 14 is 2014 WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce Our right against the person or organization named in the Schedule- (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM BLANKET WAIVER OF SUBROGATION THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS QLAX1111011011, This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated, (The infon nation below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03 -17 -11 Policy No. 7600001466111 Endorsement No. 001 Insured GCI CONSTRUCTION, INC. Premium $ INCL- Insurance Company EVEREST NATIONAL INSURANCE COMPANY Countersigned By .1998 by the Workers'Compensafion Insurance Rabng SLIMaU of California. Ali rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manua[ - 1999, INSURED C, Py f FROMImt, I M1 Via: Scott Carroll, General Manag err :::1?: From: Robin B. Harmers, District Engineer I iYA IM, R 111 Pi "WT11 i VA Subject: Newport Banning Ranch Developme Sewer Service Provider i RM7=5 The question has arisen as to whether the Costa Mesa Sanitary District could be the sewer service provider for the proposed Newport Banning Ranch development. The report below provides an analysis of the proposed sewer system and whether the District could own and operate the system. In short, it appears the Costa Mesa Sanitary District could successfully own and operate the sewer system so long as approval from the City of Newport Beach and Orange County LAFC0 are received. Mi That the Board of Directors consider the information below and the attached Sewer and Water Facilities Plan excerpt from the Banning Ranch Draft EIR and direct staff on how to proceed amending CMSD's sphere of influence. Analysis The Sewer and Water Facilities Plan for the Newport Banning Ranch provides a tentative sewer layout that generally consists of small local sewers serving the development. As shown lin (Figure 4 of the Plan, after the wastewater flows are collected, the flow drains to the Orange County Sanitation District's Bitter Point rilrotecting our community' heaftfi andthe environment by pi-o✓iding sofidwaste andsewer collection services, www. msdca.gav Board of Directors March 22, 2012 Page 2 of 3 Pumping Station adjacent to Coast Highway where it is pumped along with other flows to the OCSD treatment plant in Huntington Beach (Plant 2). The concept of local sewers draining by gravity to a nearby OCSID facility exists throughout the Costa Mesa Sanitary District and the gravity sewers in the Plan are 8", 10", and 12", all well within the range of typical sewers owned and maintained by the District. Therefore, from a size, length, and layout standpoint, the District could indeed successfully own and operate the proposed sewer system. For the District to become the sewer system owner, it appears approval from both the City of Newport Beach and Orange County LAFCO would be required. Years ago, the City of Newport Beach protected its interests by owning a one-foot wide strip of land along the western border of the City of Costa Mesa, ostensibly to prevent the City of Costa Mesa from annexing the Banning Ranch and other properties west of the western City border. Although there has been no legal analysis by District Counsel as to whether this strip of land precludes the District from leaping into the ranch property (the ranch is currently in unincorporated Orange County) it is safe to assume that the District and the City of Newport Beach, or the District and the County, would have to agree to District service. If the land is eventually annexed into the City of Newport Beach, the area could be added to the existing District/City sewer service agreement. Should the Board desire further analysis of the legal positions of the agencies involved, it should consider an analysis by the Attorney for the District. With regard to Orange County LAFCO, the Newport Banning Ranch is outside the current District boundary and sphere of influence. The District would likely have to submit an application to LAFCO to amend the sphere of influence as a first step towards providing sewer service. Since the ranch property is currently in unincorporated Orange County and bounded on one side by the one-foot wide strip of Newport Beach, it appears joint approval by Newport Beach, the County, LAFCO, and the District would likely be required as opposed to the District attempting to provide service by asserting its rights. When the Draft EIR was first published, the District was not provided the opportunity to comment because the Draft EIR identified the City of Costa Mesa as the local sewer service provider, not the Costa Mesa Sanitary District. The District's General Manager transmitted a letter clarifying this and other points. This above is a brief analysis of the factors affecting sewer service and as the Board of Directors is aware, the City of Costa Mesa and City of Newport Beach have squared off a number of times in an attempt by each to annex the ranch property. None of these discussions included the Costa Mesa Sanitary District. Board of Directors March 22, 2012 Page 3 of 3 This item complies with Strategic Plan Element 1.0, Sewer Infrastructure with the objective: "Our objective is to collect and transport wastewater to meet the needs of existing and future customers. '° The strategy for this Strategic Element states: "We will do this be the careful management of the collection infrastructure using prudent planning and maintenance, with financial strategies to maintain sufficient capacity and respond to changing regulatory demands." Leg all Review District counsel has reviewed this staff report only as part of the Board packet and has not ben requested to provide input or analysis. Financial Review A financial analysis of owning and operating the sewer system has not occurred, but from a general standpoint, the developer would typically fund and construct the sewer system to District standards before the Board assumed ownership. For a development of this size, the cost to maintain the sewers is generally lower than the yearly sewer fees collected. Copies of this report are on file and will be included with the entire agenda packet for the March 22, 2012 regular Board of Directors meeting at District Headquarters and on the District website. Alternative Actions 1. Refer the matter back to staff for additional information. Attachment: Sewer and Water Facilities Plan for the Newport Banning Ranch NEWPORT BANNING RANCH SEWER & WATER FACILITIES PLAN Section June 30, 207 7 |. Introduction ..................................................................................................... l 1.1 Purpose ofStudv__ ........ --------...... ........ ... ........ --..... —.. l 1.2 Location of the Project Site .......................................................................... l 1.3 Proposed Land Uoe— .... .......... .... ... ................ ... ........ --... --. ] N. Sanitary Sewers ............................................................................................... 1 2.1 Existing Condition .............................................. .................................. .... l Figurel -Vicinity Map ..................... —................ —...................... ........... 2 Figure 2-Land Use Plan ........................................... .............................. .3 Figure 3-Existing Sewer Systems .......................... —................ .................. 4 Table l-2O06 Strategic Plan Dry Weather Flow ............ ----------.5 2.2 Project Impacts ........................ .............. ........ .................. 6 Table 2-Proposed Land Use Plan Dry Weather Flow ...... ............ —.... --6 Figure 4- Sewer Facilities Plan ...................... ......................... ........ ......... 7 Ill. Domestic Water ...... .^..... .-........................................................ _.^................... 8 3.1 Existing Condition ....................................................... ............................... 8 12 Prnimc|nmpoctm-...---_--_--_---------.--..—.-.-.—..8 Figure 5- Existing Water Systems ................. ................ --...... ............... 9 Figure 6- Proposed Water Facilities Plan ............... .................................... l A/. Reclaimed Water .... ........................................................................................ 12 4.1 Existing Condition ................................................................ ..................... l2 4.2 Project Impacts ...... — ............ .............. ---........... ....... ............... ...... l2 FUSCOE ENGINEERING, INC, NEWPORT BANNING RANCH SEWER & WATER FACILITIES PLAN June 30, 2011 Introduction 1.1 Purpose of Study The purpose of this report is to provide a conceptual level utilities servicing plan for the proposed Newport Banning Ranch project. The results of this report will be integrated into the Environmental Impact Report as applicable. 1.2 Location of the Project Site Newport Banning Ranch is a 402-acre site located near the mouth of the Santa Ana River north of West Coast Highway. To the north is the Talbert Nature Preserve, To the south is West Coast Highway and residential areas of Newport Beach. To the cast are commercial and residential developments in the cities of Costa Mesa and Newport Beach (see Figure 1). 1.3 Proposed Land Use The Land Use Plan includes 1,375 residential units, a 75 room coastal inn, 75,000 sf of visitor- serving commercial, private and public parks, and open space (see Figure 2). IL Sanitary Sewers 2.1 Existing Condition 2,1,1 City of Newport Beach Facilities The City of Newport Beach has facilities adjacent the project on West Coast Highway, along 19" Street, and on Ticonderoga Street (see Figure 3). Discharge from the Ticonderoga and West Coast Highway sewer systems conned to the Orange County Sanitation District (C)CSD) Bitter Point Pump Station (near the southwest corner of the site — see Figure 3). Discharge from the sewer in 19th Street flows northerly to a City operated pump station at the end of Walkabout Circle from which the discharge is directed to conned with OCSD facilities. Treatment of the effluent for these systems occurs at OCSD Wastewater Treatment Plant 2 in Huntington Beach. 2.1.2 City of Costa Mesa Facilities The City of Costa Mesa has facilities along the eastern edge of the project site (see Figure 3). Discharge from these systems connects into interceptor sewer lines maintained by OCSD. The system of interceptor sewers or trunk lines carry wastewater along Newport Boulevard and West Coast Highway to Wastewater Treatment Plan 2 via the Bitter Point Pump Station. FUSCOE ENGINEERING, INC. I If Costa Mesa Sewer Line If Newport Beach Sewer Line le County Sanitation District e Facility 24" Force Main 30" Force Main 36" Force Main County Pump Station 16th STREEI VE NEWPORT BANNING RANCH SEWER & WATER FACILITIES PLAN 2.7.3 Orange County Sanitation District (OCSD) The OCSD operates facilities in West Coast Highway as well as the Bitter Point Pump Station and three force mains located within the project site. The trunk system in West Coast Highway is part of the Newport Beach Trunk Sewer system which serves the southeastern portion of OCSD Districts No. 5 and No. 6. From the Bitter Point Pump Station the effluent is pumped through the force mains on site and then flows via a siphon under the Santa Ana River to the Wastewater Treatment Plant 2, The OCSD is currently processing construction documents, reports and specifications for improvements to the Bitter Point Pump Station and the force mains. The planned capacity for the Bitter Point Pump Station is 40 mgd. 2.1.4 Existing Project Site Sewer Facilities The project site is currently used for oil operations. An operations building exists near the 17 "r Street entrance to the site. Discharge from this building and the other outbuildings goes to a septic system. The oil extraction operation produces water which is treated and then directed to a 12" pipe that joins the County Sanitation District Facility upstream of the siphon at the Santa Ana River (see Figure 3). Approximately 168,000 gallons of 'produced" water is discharged annually. 2.1.5 OCSD Strategic Plan Update The OCSD April 2006 Strategic Plan Update includes a capacity evaluation and recommendations for assuring trunk system capacity through the year 2030. Buildouf flow projections for the Banning Ranch project assumed estate residential development for the entire project area, Table 1 shows the Dry Weather Flow for the assumed land use. Table 1 2006 Strategic Plan Da Weather Flow Dry Weather Land Use Acres Unit Flow Rate Flow gpd1ac mgd Estate Residential 402 727 0.29 Total 0.29 FUSCOE ENGINEERING, INC, 5 NEWPORT BANNING RANCH SEWER & WATER FACILITIES PLAN June 30, 207 1 2.2 Project Impacts The Dry Weather Flow for the proposed land use with the strategic plan flow rates is shown in Table 2. Table 2 Prop sed Land Use Plan Dry Weather Flow Land Use Acres Unit Flow Rate gpd/ac Dry Weather Flow rngd Open Space/Parks 295 0 0 Commercial 6 2,262 0.014 Low Density Res. 26 1,488 0.038 Medium Density Res. 60 3,451 0,207 Roadway 16 0 0 Total 403 0.26 Based on the above estimates the total sewage generation for the proposed project using the 2006 Strategic Plan generation factors is 0.26 million gallons per day. This amount is 94% of the total sewage generation allocated to the project in the 2006 Strategic Plan. The City of Newport Beach Master Plan of Sewers (August 1996) includes the entire project site in its service area. The Master plan indicates a mixed use development including 2,329 new dwelling units and 65,000 square feet of commercial. The City is in the process of updating the sewer master plan to reflect the General Plan land uses approved by the City. Further analysis of the City Master Plan is not included because the project will connect to the City system immediately above the OCSD trunk line. Figure 4 shows a conceptual layout for the on-site sewer collection system. The City of Newport Beach will be the servicing agency and that the on -site sewer system will connect directly to the OCSD facilities upstream of the Bitter Point Pump Station. Consideration has also been given for a potential city operated sewer lift station in the event a gravity system cannot be incorporated through the open space and consolidated oil operation site at West Coast Highway. FUSCOE ENGINEERING, INC. 6 18th Street UOS(PTF SP i Is MUIUIR ! i i i 17th Street iP IP LM ip 4 / UOS/PT �" - Newhall Stree L�k�� LM M . -' 16th StreE LIVI .�r CP UO fPTF � o,. - � Y�_olllll llllU�UIJJJ IIII � I,` %" � C P 1 VSPJ ✓ UOSIPTF ° ° !CP mot, 1. e� U ©51PTF Bitter Point ump Station NEWPORT BANNING RANCH SEWER & WATER FACILITIES PLAN June 30, 2011 Ill. Domestic Water 11 Existing Condition 3.7.1 City of Newport Beach Facilities The project site is included in the City of Newport Beach's service area. Newport Beach distribution facilities are adjacent to the site in West Coast Highway, 16" Street and Ticonderoga Street. A transmission main exists at the north edge of the site, which transports well wafer to the treatment facility and reservoir on 16" Street (see Figure 5). The City operates a reservoir and treatment facility at the terminus of 16'h Street at the project boundary. Seventy -five percent of the City's water supply is from well water with the remaining supply derived from the Metropolitan Water District. 3.1.2 Mesa Consolidated Water District (MCWD) MCWD has facilities adjacent to the project site in 19"' Street and the surrounding residential, commercial and industrial area of Costa Mesa. Seventy-five percent of MCWD's water is developed from ground wafer sources and I % from reclaimed water received. The balance of the wafer is from Metropolitan Water District, 3,7.3 Project Site Services The existing oil operations domestic water needs are currently being supplied by both MCWD and the City of Newport Beach. Current annual usage is approximately 2,119,000 gallons and 64,000 gallons from MCWD and Newport Beach respectively. 3.7.4 Municipal Water District of Orange County (MWDOC) The project lies within the MWDOC service area although if is not in a retail water agency boundary. It is anticipated that the property will be annexed into the City of Newport Beach and the City's water agency boundary. 3.2 Project Impacts Domestic wafer needs for the project will include temporary construction water use, landscaping and irrigation needs, fire flow requirements and all associated consumption required from normal operation and occupancy of the project. FUSCOE ENGINEERING, INC. 8 9 1 C 18th, Street V 6 a 17th Street s Newhall Street 6o 3611 isdidated Water District Water (Line City of Newport Bead rpart Bead Water Line 3.0 MG reservoir 15t 0 is NEWPORT BANNING RANCH SEWER & WATER FACILITIES PLAN June 30, 2011 It is proposed that the City of Newport Beach be the serving agency for the following reasons: • The development area is concentrated on the upland areas adjacent West Coast Highway and the City of Newport Beach. • The availability of the existing City of Newport Beach water infrastructure. • The plan for the development to be processed through the City of Newport Beach and ultimately annexed, See Figure 6 for Proposed Domestic Wafer Facilities Plan. A Water Supply Assessment has been prepared as part of the CEQA process and was approved by the City of Newport Beach in October 2010. FUSCOE ENGINEERING, INC. 10 f I I 18th Street -- _ 1 i " rJOS /PTF 8P ! I r Pf I. ry, LOS /PTF 8" MIS /R 6 6 17th Street IF, IP b f9 1 UCS /PT rl, � Newhall Street a L 0 Join Existing 16" t-M M M NMUS0 Zone 2 Line m �u +� 12" 16th Street w BP L/ M 0 12" M LM L 1 A eed Water Main - u ariseNoted } CP Join ZC ig Water Main ure Reducing Station UOS /PTF 12" M r O I ,Q "mad f 1 BP 1 y} y 12" t.CS /PTF V 12 Join Exis a [ VSR/R J `• done . 8 or 12" � 12" Proposed Permanent Connection to Sunset Ric � UOS /PTI= 1% coo P e s t r /— IOS F Proposed r Co. - /, Reducing S NEWPORT BANNING RANCH SEWER & WATER FACILITIES PLAN IV. Reclaimed Water 4.1 Existing Condition 4.1. 7 City of Newport Beach The City does not currently have reclaimed wafer facilities. 4.1.2 Mesa Consolidated Water District June 30, 2071 MCWD has reclaimed water facilities. The nearest reclaimed water line to the site roughly follows Adams Street, approximately three miles north of the project site. 4.2 Project Impacts At this time, neither the City of Newport Beach nor the Mesa Consolidated Water District plan to extend reclaimed wafer to the project vicinity and therefore a reclaimed water system is not proposed, FUSCOE ENGINEERING, INC. 72 E CMSD BOARD OF DIRECTORS SEW, ITTEE AGENDA Board of Directors Schedule for Attendance Chairman Ooten and Director Perry Alternate: Director Fitzpatrick March 13, 2012,10:30 a.m. Costa Mesa Sanitary District, 628 W. I 9th Street, Costa Mesa, STANDING REPORTS 1, Monthly Spill Statistics — One new sanitary sewer overflow (SSO) to report NEW DIISCUSSiOfl ITEMS 11, OCSD Proposed Transfer of Fairview Trunk to CMSD 11L Lessons Learned (cont.) Item XIII, a. Sewer improvement plan design checklist; new Section III b, Change Order procedure C. Memo to MCWD and CC M regarding feedback on past street excavation projects — Oral Report cl. Attorney memo on soil issues IV, SSO Contingency Planning — Oral Report 0 4 pumping stations are near OCSD trunk sewers 0 Can overflow be directed into OCSD trunk sewer? 0, Gisler, California, Iowa, Mendoza calculations Only Mendoza has potential for overflow to OCSD trunk but cost is $450,000. Backup pumping or standby generator are better options V. 1/1 Program a, Benefits to OCSD b. Benefits to CMSD C. Rain Ingress Calculations Vii. Sewer Lateral Assistance Program * Program allows up to $1,800 reimbursement * Fees waived calculation for 2010-2011; $1,115 average fees waived x 86 applications = $95,890 total fees waived * Fees waived are now being tracked * Consideration of adding reimbursement parameters into Operations Code SeMir SySteff) Comr"nittee March '13, 2012 All 323W =Nzmigamml Vill. WDR Survey of Cleaning and Televising Sewer Systern IX. Clean Water Summit Partners Letter to International Association of Plumbing and Mechanical Officials (IAPMQ) Letter, Dated February 28, 2012 X. Letter to City Arborist xl Articles of Interest a. Sewage Treatment Plant Operator Given Prison Time b. OC Sewage Spill Costly for Water District ghhLs —DE-rqft—ct§.-- XH. A. Project #101 West Side Pumping Station Abandonment – Status 0 CMSD District Engineer is providing preliminary engineering fee for Board consideration Contractor has met with IRWD regarding protection/relocation of their water lines. Project will: start on March 12, 2012 and will take approximately two weeks to complete. C. Project #171 Irvine Pumping Station Force Main – Status 0 Award of contract is on the 3122112 agenda for Board consideration D. Project #190 Canyon Force Main Rehabilitation – Status 0 District staff and City staff are discussing traffic control plans for the project a The plans and specifications are 90% complete F. Project #193 Purnping Station Seismic Study and Retrofit – Status a The plans and specs are approximately 50% complete 0 Staff is obtaining more information from OCSD and will be implementing due diligence steps anuummuo Xill, This is the time to receive any comments from members of the public. 111 Fill Kill 111 11111pillplillip I iiiii To: Board of Directors Via: Scott Carroll, General Manag,%,— :!:'. From: Marc Davis, Treasurer Date: March 22, 2012 Subject: Investment Report for the Month of February 2012 Item XIV. A. lv� Attached is the Investment Report for the month of February 2012. As required by the District's Statement of Investment Policy, the Investment Report delineates all investment activity during the month. Approve the Investment Report for the month of February 2012. This report lists the types of securities held in the District's portfolio, the institutions from which the securities were purchased, maturity dates and interest rates as of February 29, 2012. The District's investments are in compliance with the Statement of Investment Policy adopted by the Board at the July 28, 2011 regular meeting, as well as the California Government Code. The market values in this report were provided by our third party custodian, Bank of New York, except for the Local Agency Investment Fund (LAIF). The market value of LAIF was provided by the State Treasurer's Office. It does not represent the value of the underlying securities within the pool, but rather the par or cost amount, which is the amount the District is entitled to withdraw. This reporting practice is consistent with industry standard practices for similar funds. Board of Directors March 22, 2012 Page 2 of 3 The weighted average stated rate of return (current yield) for the District's investment portfolio as of February 29, 2012, was 1.056%. The yield to maturity of the portfolio was 1.081 %. The District's weighted' average interest rate was 67 basis points (0.667%) above the daily effective yield of LAIF, which was 0.389% as of February 29, 2012. The weighted average number of days to maturity for the District's total portfolio was 1,057 days (2.90 years). The average duration of the underlying securities in LAIF as of February 29, 2012, which is the most current information available, was 239 days. The District's investment portfolio is in compliance with its liquidity limitations, which requires that a minimum of 20.00% of the portfolio must mature within one year. The percentage of the portfolio maturing in less than one year as of February 29, 2012 was 34.97%. As of February 29, 2012, the District has adequate operating reserves necessary to meet its obligations for the next six months. Strateigic Plan Element & Goal This item supports achieving Strategic Element No. 7,0, Finances, by ensuring the short and long-term fiscal health of the District. Legal Review Legal review is not required. Financial Review The portfolio is budgeted to earn an average rate of 1.100% for the year ending June 29, 2012. Through February 29, 2012, the portfolio has earned a weighted average interest rate of 1.174%. Staff anticipates that the District will be on budget with its estimated investment earnings. Nm= Review by the Investment Oversight Committee is not required this month. P41 Board of Directors March 22, 2012 Paqe 3 of 3 Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the March 22, 2012 Board of Directors regular meeting at District Headquarters (628 W. 1 9th Street) and on the District's website at www.cmsdca.gov. Alternative Actions 1. Refer the matter back to staff Attachments Treasurer's Report of Pooled Cash and Investments as of February 29, 2012 3 COSTA MESA SANITARY DISTRICT Treasurer's Report of Pooled Cash and Investments February 29, 2012 Active Accounts: Bank of America Total Active Accounts Investments: Local Agency Investment Fund Money Market/Sweep Account Federal Agency Securities Total Investments Total Pooled Cash & Investments CMSID Solid Waste Activities CMSD Liquid Waste Activities Sewer Construction Fund Facilities Revolving Fund Asset Replacement Fund Asset Management Fund Total Pooled Cash & Investments Bank Balance 44,791.07 44,791.07 Deposits Outstanding In Transits Checks Book Balance 195,931.68 $ (151,140-61 195,931-68 (151,1140,61) Market Adiustment Market Value Increase Decrease Cost $ 4,894,255.57 - $ 4,894,255.57 1,021,843.60 - - 1,021,843.60 11,018,228.75 - 19,778.75 10,998,450.00 16,934,327.92 - 19,778.75 16,914,549.17 $ 16,979,118.99 $ $ 215,710.43 $ 16,763,408-56 ............ Costa Mesa Sanitary District Pooled Cash and Investments by Fund February 29, 2012 Marcus D. Davis Treasurer /Director of Finance 1 3/13/1' 2 EM COSTA MESA SANITARY DISTRICT Investment Activity Summary February 29, 2012 Total investments outstanding as of January 31, 2012 Additions: Gain on sale of investment Investment purchases Deductions: Investment maturity/sale proceeds Loss on sale of investment Investments called Net increase (decrease) in Sweep Account Net increase (decrease) in LAIF Total investments outstanding as of February 29, 2012 PEI 11282MM � r. (1,000,000.00) 1, 019, 768.26 (535,000.00 $ 16,914,549.17 W a W a �Ln LU u 4- N C) E CV L y�� r 0 ^; c co (n Z3 co cn w H 0U.S W, O 6 Q O O O � ® � Cs 8-0 f7 8 O O O O O d Off r. ,- 0) C> 0 0 LO C) 0 O C) C) C? LO Q = M W 0 C) "t N Lf 3 C) 0 U') C) N 1- 0 o " CCY) C Cn7. t Ux (c) CSI q LO t-- �i) T 4(Y) (Y) C3 O N '�'°' T "' T T T T' T T T dU r -m— *+ T co C> CCS CiJ Ci7 C--Y) C1 C� C C °- N N 1, ! 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U- U- LL LL LL, LLLy U- VJ CL (D ca==,. � C� T Fn - � tt3inNccCN�3�LL Y oio z CO CO co co CO co m CO co co co T cz co COSTA MESA SANITARY DISTRICT Summary of Policy Limitations February 29, 2012 Description U.S. Treasury Bills U.S. Treasury Notes Federal Agency Issues: FICB FLB FHLB FHLMC FNMA FFCB Other Banker's Acceptances Certificates of Deposit Negotiable Certificates of Deposits Commercial Paper Medium Term Corporate Notes LAIF (Local Agency ]investment Fund) Shares of Benefical Interest Current % of Market Value 01/31/12 0.00% 1 1111 I 0.00% 0-00% 5.92% 29.58% 17.74% 11.82% 0.00% 0.00% 0.00% 0.00% 0.00% 0.,00% 28-90% 0.00% Money Market/Mutual Funds (Sweep Acct) 6.03% Total 100.00% % of portfolio maturing under one year 34.97% % of portfolio maturing over one year 65.03% 100.00% Maximum % Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited 25%(1) 25% 25%(1) 25%(1) 20%(1) 40,000,000 20% 10% per fund (2) no less than 20% (1) Further limited to 10% in any single issuer (2) Also limited to 20% in total. *These securities are not considered for purchases: SBA, GNMA, TVA and SALLIEMAE .19 LO U) E 4) w co 0 C) C) Q M Co E o w -j 5 5; 5 0 0 E 0 -j -j -j m M = :1 z z z LL LL LL U- LL Li- LL U- LL UL LL U- LL .0 —0 -0 0 co oj co N C� � C$ m LA7 00 0� 0 co C6 ui m IL N C\j r-I rl 0 0 0 C) CD ol 0 0 C:) C) CD Cl O C3 0 C\j U? 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