Contract - OC Sanitation - 2017-04-13OCSD-CMSD Lending Agreement Extension 2017
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AND AMENDMENT TO EMPLOYEE LENDING AGREEMENT
This Extension and Amendment is made this � day of Prl9h 1 _ 2017, by and between
Orange County Sanitation District, a special district, (hereinafter, "OCSD") and Costa Mesa Sanitary
District, a special district, (hereinafter, "CMSD").
A. CMSD and OCSD entered into a mutually beneficial Employee Lending Agreement on May 25,
2016 allowing OCSD employee Rudy Davila, RE ("Alternate") to serve as Alternate District
Engineer ("Position") for CMSD on an as -needed basis for up to 12 months as a workforce
development opportunity;
B. The Employee Lending Agreement expires on May 24,2017;
C. The Employee Lending Agreement provides for a 12 -month extension upon mutual agreement by
the Parties;
D. The Parties mutually agree to extend the terms of the Employee Lending Agreement for another
12 -month period, subject to the Amendments set forth in this Extension and Amendment to the
Employee Lending Agreement;
E. Extending the current arrangement will provide a public benefit to both Parties as it will allow
CMSD to provide ongoing sewer -related project design and approval when conflicts of interest
exist with current CMSD employees as well as providing ongoing opportunities beneficial to OCSD
and its employees; and
F. The purpose of this Extension and Amendment to the Employee Lending Agreement is to set forth
the terms and conditions governing the understanding between the Parties for this extension.
THE PARTIES AGREE AS FOLLOWS:
GENERAL TERMS
A. Pursuant to the provisions of the Employee Lending Agreement, executed on May 25, 2016, the
Parties mutually elect to exercise the one-time option set forth in Section I.C. and extend the
Employee Lending Agreement another 12 months' All terms in the Employee Lending Agreement
will remain in full force and effect, save for those provisions that are hereby amended below.
B. This Extension shall continue the Employee Lending Agreement from May 25, 2017 through May
24, 2018, unless terminated earlier as provided in the Employee Lending Agreement. The Parties
agree that a new agreement will be drafted should they desire to continue the employee lending
arrangement beyond the expiration of this extension.
C. The Parties hereby replace Section II.A. of the Employee Lending Agreement to read as follows:
A. CMSD shall pay to OCSD based on the time worked by Alternate in the Position
and at the rate of $82.03 per hour and any fraction thereof. Should the Alternate's pay
structure at OCSD increase, CMSD agrees to engage in good faith discussions with OCSD
to adjust the above pay rate to reflect any increase,to Alternate's OCSD-based wage rate.
In no event shall Alternate provide services in the Position in excess of five hours per
month without the express written approval of OCSD.
OCSD-CMSD Lending Agreement Extension 2017
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II. EXECUTION
By signing below, each of the following represent that they have authority to execute this Extension and
Amendment and to bind the party on whose behalf their signature is made.
COSTA MESA SANITARY DISTRICT
�GG
By:
Name: Scott Carroll
Title: General Manager
Date: March 30, 2017
ORANGE COUNTYSANITATION
DISTRICT
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