Oceano Community Services District

Transcription

1 Oceano Community Services District Board of Directors Meeting Agenda WEDNESDAY, September 10, :30 P.M. Oceano Community Services District Board Room 1655 Front Street, Oceano, CA All items on the agenda including information items, may be deliberated and become subject to action by the Board. Circumstances or a committee's or Board's judgments may require deliberation or, if necessary, action on these items. Any member of the public with an interest in one of these items should review the background material and request information on the possible action that could be taken. All persons desiring to speak during any Public Comment period are asked to fill out a Board Appearance Form to submit to the General Manager prior to the start of the meeting. Each individual speaker is limited to a presentation time of THREE (3) minutes per item. Persons wishing to speak on more than one item shall limit his/her remarks to a total of six minutes. This time may be allocated between items in one minute increments up to three minutes. Time limits may not be yielded to or shared with other speakers. 1. CALL TO ORDER: 2. ROLL CALL: 3. FLAG SALUTE: 4. AGENDA REVIEW: 5. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA: The agenda provides an opportunity for members of the public to address Committees and Board on matters of interest within the jurisdiction of the Committee or Board that are not listed on the agenda. Public comment is limited to three (3) minutes. 6. SPECIAL PRESENTATIONS: Jeff Lee P.E., San Luis Obispo County Public Works Department, Utilities Division on the status of the Arroyo Grande Creek Waterway Management Program, funding and permits. 7. REPORTS: A. Sheriff s South Station Commander Jay Donovan B. Five Cities Fire Authority Fire Chief Riki Heath C. OCSD Operations - Field Supervisor Tony Marraccino 8. BOARD OF DIRECTORS AND OUTSIDE COMMITTEES 1. Director Angello 2. Director Blackburn 3. President Guerrero 4. VP Lucey 5. Director White 9. CONSENT AGENDA: The agenda contains items listed on a consent calendar which is for matters considered routine or otherwise not requiring further deliberation. If a member of the public wishes to speak about a consent calendar item, please notify the General Manager before the Consent Calendar is called. Public comment is limited to three (3) minutes. A. Review and Approval of Minutes for the August 27, 2014 Regular Meeting B. Review and Approval of Cash Disbursements( C. Submittal for Approval a Mutual Assistance Agreement for Utility Support Services pursuant to the California Water/Wastewater Agency Response Network September 10, 2014 Agenda Page 1 of 113

2 10. BUSINESS ITEMS: Public comment on Special Presentations, Reports, and Board of Directors and Outside Committees, should be made at this time, so that members of the public have an opportunity to hear the reports prior to commenting. Members of the public wishing to speak on business items may do so when recognized by the Presiding Officer. To facilitate public comment we request persons wishing to speak to fill out a speak request form and give it to the General Manager. Public comment is limited to three (3) minutes. A. Submittal for Approval recommendations to a) approve a resolution to purchase a Multi-purpose Utility Vehicle in the amount of $55,625, b) approve financing with De Lage Landen (Rabobank) in an amount not to exceed $40,000, and c) approve a budget adjustment in the amount of $65, B. Submittal for Approval a Resolution Authorizing the General Manager to Execute Reimbursement Agreements for Costs Associated with Utility Service Requests 11. HEARING ITEMS: Discussion for staff direction on the application for water service by Ken Mar Gardens Mobile Home Park 12. UTILITY ITEMS: None 13. CLOSED SESSION: A. Pursuant to Government Code : Conference with Labor Negotiators. Agency designated representative: Vice President Mary Lucey; Employee Organization: Service Employees International Union RECEIVED WRITTEN COMMUNICATIONS: 15. LATE RECEIVED WRITTEN COMMUNICATIONS: None 16. FUTURE AGENDA ITEMS: 17. ADJOURNMENT: Board is adjourned to the next Regular Board of Directors Meeting on Wednesday, September 24, 2014 at 6:30 p.m. This agenda was prepared and posted pursuant to Government Code Section Agenda is posted at the Oceano Community Services District, 1655 Front Street, Oceano, CA. Agenda and reports can be accessed and downloaded from the Oceano Community Services District website at ASSISTANCE FOR THE DISABLED If you are disabled in any way and need accommodation to participate in the Board meeting, please call the Clerk of the Board at (805) for assistance at least three (3) working days prior to the meeting so necessary arrangements can be made. ASISTENCIA A DISCAPACITADO Si usted está incapacitado de ninguna manera y necesita alojamiento para participar en la reunión de la Junta, por favor llame a la Secretaría de la Junta al (805) para recibir asistencia por lo menos tres (3) días antes de la reunión para que los arreglos necesarios puedan ser hechos September 10, 2014 Agenda Page 2 of 113

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16 Oceano Community Services District 1655 Front Street, P.O. Box 599, Oceano, CA (805) FAX (805) Date: September 10, 2014 To: From: Subject: Board of Directors Paavo Ogren, General Manager Agenda Item 9(C) - Submittal for Approval a Mutual Assistance Agreement for Utility Support Services pursuant to the California Water/Wastewater Agency Response Network Recommendation It is recommended that your Board approve the attached Mutual Assistance Agreement for Utility Support Services and direct the President to execute. Discussion On August 27, 2014, your Board s agenda included a discussion item on the attached Mutual Assistance Agreement. At that time, your Board s general feedback to staff was supportive. As a result, the agreement is now submitted for approval. The CalWARN program exists to promote inter-agency mutual aid during emergencies. For OCSD, the mutual aid efforts will benefit utility services and provide us with the structure under which we can provide assistance to other agencies during emergencies. The Board discussion on August 27, 2014 also recognized that OCSD does not have a Local Hazard Mitigation Plan (LHMP), but that the Mutual Assistance Agreement is one step in moving forward with LHMP efforts. Without an LHMP, OCSD is not eligible for certain funding from the Federal Emergency Management Agency (FEMA), especially non-emergency mitigation funding. Without a Mutual Assistance Agreement, OCSD could lose reimbursements from FEMA for costs paid by OCSD to other agencies who provide us emergency response during disasters that are declared by the President. Whether OCSD provides assistance to others as a Responding Agency, or receives assistance as a Requesting Agency, cost incurred by the Responding Agency are paid by the Requesting Agency. In September 10, 2014 Agenda Page 16 of 113 Agenda Item # 9(C) - Page 1 Staff Report

17 Oceano Community Services District Board of Directors Meeting general, the Requesting Agency carries the liability except for workmen s compensation, which is maintained by the Responding Agency for their employees. More information on the CalWarn program can be found at Other Agency Involvement The following water and/or wastewater agencies operating in South San Luis Obispo County have executed the agreement: Atascadero Mutual Water Company Avila Beach Community Services District California Cities Water Company (Golden State Water Company) Central Coast Water Authority City of Arroyo Grande City of San Luis Obispo Nipomo Community Services District South San Luis Obispo County Sanitation District Other Financial Considerations n/a Results Establishing mutual aid for utility system operations promote responsive government when unforeseen needs arise. Attachments: Cal WARN Mutual Assistance Agreement September 10, 2014 Agenda Page 17 of 113 Agenda Item # 9(C) - Page 2 Staff Report

18 Articles of Agreement California Water/Wastewater Agency Response Network WARN 2007 Omnibus Mutual Assistance Agreement This AGREEMENT is made and entered into by those water and wastewater utilities which have adopted and signed this agreement to provide mutual assistance in times of emergency in accordance with the California Emergency Services Act and the California Disaster and Civil Defense Master Mutual Aid Agreement; and to provide reimbursement for equipment, supplies and personnel made available on an emergency basis. All of said water and wastewater utilities being herein referred to collectively as "the parties." In consideration of the mutual covenants and agreements hereinafter set forth, the parties agree to provide mutual assistance to one another in times of emergency as follows: ARTICLE I. PURPOSE Recognizing that emergencies may require assistance in the form of personnel, equipment, and supplies from outside the area of impact, the signatory utilities hereby establish an Intrastate Program for Mutual Aid and Assistance. Through the Mutual Aid and Assistance Program, Members coordinate response activities and share resources during emergencies. This Agreement sets forth the procedures and standards for the administration of the Intrastate Mutual Aid and Assistance Program and is available to all water and wastewater utilities, public and private, in the State of California. ARTICLE II. DEFINITIONS A. Authorized Official An employee or officer of a Member who is authorized to: (1) request assistance; (2) offer assistance; (3) refuse to offer assistance or (4) withdraw assistance under this. B. Emergency A natural or human caused event or circumstance causing, or imminently threatening to cause impact to the operations of a member utility s system, loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, flood, severe weather, earthquake, civil disturbance, riot, explosion, drought, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation emergencies, disease, blight, infestation, intentional acts, sabotage, declaration of war, or other conditions which is, or is likely to be beyond the control of the services, personnel, equipment, and facilities of a Member and requires mutual assistance. C. Member Any public or private water or wastewater utility that manifests intent to participate in the Mutual Aid and Assistance Program by executing this, the California Water/Wastewater Agency Response Network (CalWARN) Agreement. D. Associate Member Any non utility participant, approved by the State Steering Committee, that provides a support role for the WARN program, for example State Department of Public CalWARN Mutual Aid/Asst Agreement 1 Approved and Adopted September 30, 2007 by Vote of Members September 10, 2014 Agenda Page 18 of 113 Agenda Item # 9(C) - Page 3 Agreement

19 Health, or associations, who are members of the Regional or State Steering Committees and do not officially sign the WARN agreement. E. Confidential Information - Any document shared with any signatory to this Agreement that is marked confidential, including but not limited to any map, report, notes, papers, opinion, or which relates to the system vulnerabilities of a Member or Associate Member. F. Non-Responding Member - A Member that does not provide assistance during a Period of Assistance under the Mutual Aid and Assistance Program. G. Requesting Member A Member who requests assistance under the Mutual Aid and Assistance Program. H. Responding Member A Member that responds to a request for assistance under the Mutual Aid and Assistance Program. I. Period of Assistance A specified period of time when a Responding Member assists a Requesting Member. The period commences when personnel, equipment, or supplies depart from Responding Member s facility and ends when the resources return to their facility (portal to portal). All protections identified in the Agreement apply during this period. The specified Period of Assistance may occur during response to or recovery from an Emergency. J. National Incident Management System (NIMS) - A national, standardized approach to incident management and response that sets uniform processes and procedures for emergency response operations. K. Standardized Emergency Management System (SEMS) - A standardized approach to field command and jurisdictional management and response set forth by State of California Code of Regulations for multi-agency or multi-jurisdictional response to an emergency. ARTICLE III. ADMINISTRATION The administration of the Water/Wastewater Agency Response Network (WARN) will be through WARN Regional Steering Committees (RSC) and the WARN State Steering Committee (SSC). The WARN RSCs will be established by representatives from the Members in that region. A chair and co-chair will be elected and act as administrators for that region. The chair will represent the region on the WARN SSC. Each WARN RSC will sponsor an annual meeting for Members, maintain a data base of all water and wastewater utilities who have signed this Agreement, and meet as a committee to address concerns and procedures for requesting mutual assistance in that region. The regions will be comprised of one or more of the six Office of Emergency Services (OES) mutual aid regions. The WARN SSC will include the chairs of the regional steering committees, and a representative from the California Department of Public Health (CDPH), California Utilities Emergency Association (CUEA), Department of Water Resources (DWR), the American Water Works Association (AWWA) Emergency Planning Committee, California Rural Water CalWARN Mutual Aid/Asst Agreement 2 Approved and Adopted September 30, 2007 by Vote of Members September 10, 2014 Agenda Page 19 of 113 Agenda Item # 9(C) - Page 4 Agreement

20 Association (CRWA) and California Sanitation Risk Management Authority (CSRMA). The SSC will identify a Chair for the purpose of leading the SSC and act as a point of contact for the WARN SSC. At a minimum, the WARN SSC will meet annually and issue a list of participating utilities. The database will be maintained on the WARN website, managed by a volunteer Member, as appointed by the SSC. ARTICLE IV. PROCEDURES A. In coordination with the Regional Steering Committees, emergency management and public health system of the state, the State Steering Committee shall develop operational and planning procedures for the Mutual Aid and Assistance Program. These procedures shall be consistent with the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS), reviewed at least annually and updated as needed by the State Steering Committee. B. Requests for emergency assistance under this Agreement shall be directed to the appropriate Authorized Official(s) from the list of Members. C. Consistent with SEMS, when more than one County is impacted by a disaster, requests for mutual assistance under this Agreement may be channeled through the CUEA Utility Operation Center to ensure maximum effectiveness in allocating resources to the highest priority needs. ARTICLE V. REQUESTS FOR ASSISTANCE In general, assistance will be in the form of resources, such as equipment, supplies, and personnel. Assistance shall be given only when Responding Member determines that its own needs can be met while rendering assistance. The execution of this Agreement shall not create any duty to respond on the part of any party hereto. A potential Responding Member shall not be held liable for failing to provide assistance. A potential Responding Member has the absolute discretion to decline to provide any requested assistance. A. Member Responsibility - Members shall identify an Authorized Official and alternates; provide contact information including 24-hour access; and maintain resource information made available by the utility for mutual aid and assistance response, as allowed by utility policy. Such information shall be updated annually or as changes occur (whichever is sooner), provided to the State Steering Committee, and uploaded into the statewide database. B. Member Request - In the event of an Emergency, a Member s Authorized Official may request mutual aid and assistance from a participating Member. Requests for assistance can be made orally or in writing. When made orally, the request for personnel, equipment, and supplies shall also be prepared in writing and submitted to the participating Member as soon as practicable. Requests for assistance shall be directed to the Authorized Official of the participating Member. Specific protocols for requesting aid shall be provided in the procedures developed under Article IV. CalWARN Mutual Aid/Asst Agreement 3 Approved and Adopted September 30, 2007 by Vote of Members September 10, 2014 Agenda Page 20 of 113 Agenda Item # 9(C) - Page 5 Agreement

21 C. Response to a Request for Assistance Members are not obligated to respond to a request. After a Member receives a request for assistance, the Authorized Official evaluates whether or not to respond, whether resources are available to respond, or if other circumstances would hinder response. Following the evaluation, the Authorized Representative shall inform, as soon as possible, the Requesting Member whether it will respond. If the Member is willing and able to provide assistance, the Member shall inform the Requesting Member about the type of available resources and the approximate arrival time of such assistance. D. Discretion of Responding Member s Authorized Official Execution of this Agreement does not create any duty to respond to a request for assistance. When a Member receives a request for assistance, the Authorized Official shall have sole and absolute discretion as to whether or not to respond, or the availability of resources to be used in such response. An Authorized Member s decisions on the availability of resources shall be final. ARTICLE VI. RESPONSE COORDINATION When providing assistance under this Agreement, the Requesting Member and Responding Member shall be organized and shall function under the Standard Emergency Management System and National Incident Management System protocols and procedures. A. Personnel Responding Member retains right to identify the employees who are willing to participate and the resources that are available. B. Control While employees so provided may be under the supervision of the Responding Member, the Responding Member s employees come under the direction and control of the Requesting Member, consistent with the NIMS Incident Command System to address the needs identified by the Requesting Member. The Requesting Member s Authorized Official shall coordinate response activities with the designated supervisor(s) of the Responding Member(s). Whenever practical, Responding Member personnel must be self sufficient for up to 72 hours. The Responding Member s designated supervisor(s) must keep accurate records of work performed by personnel during the specified Period of Assistance. C. Food and Shelter When possible, the Requesting Member shall supply reasonable food and shelter for Responding Member personnel. If the Requesting Member is unable to provide food and shelter for Responding Member personnel, the Responding Member s designated supervisor is authorized to secure the resources necessary to meet the needs of its personnel. Except as provided below, the cost for such resources must not exceed the State per diem rates for that area. To the extent Food and Shelter costs exceed the State per diem rates for the area, the Responding Member must demonstrate that the additional costs were reasonable and necessary under the circumstances. Unless otherwise agreed to in writing, the Requesting Member remains responsible for reimbursing the Responding Member for all reasonable and necessary costs associated with providing food and shelter, if such resources are not provided. D. Communication The Requesting Member shall provide Responding Member personnel with radio equipment as available, or radio frequency information to program existing radio, in order to facilitate communications with local responders and utility personnel. CalWARN Mutual Aid/Asst Agreement 4 Approved and Adopted September 30, 2007 by Vote of Members September 10, 2014 Agenda Page 21 of 113 Agenda Item # 9(C) - Page 6 Agreement

22 E. Status - Unless otherwise provided by law, the Responding Member s officers and employees retain the same privileges, immunities, rights, duties and benefits as provided in their respective jurisdictions. F. Licenses and Permits To the extent permitted by law, Responding Member personnel who hold licenses, certificates, or permits evidencing professional, mechanical, or other skills shall be allowed to carry out activities and tasks relevant and related to their respective credentials during the specified Period of Assistance. G. Right to Withdraw Resources - The Responding Member s Authorized Official retains the right to withdraw some or all of its resources at any time for any reason in the Responding Member s sole and absolute discretion. Notice of intention to withdraw must be communicated to the Requesting Member s Authorized Official as soon as soon as is practicable under the circumstances. ARTICLE VII. COST REIMBURSEMENT Unless otherwise mutually agreed in whole or in part by both parties, the Requesting Member shall reimburse the Responding Member for each of the following categories of costs incurred while providing aid and assistance during the specified Period of Assistance. A. Personnel Responding Member will make such employees as are willing to participate available to Requesting Member at Requesting Member s expense equal to Responding Member s full cost, i.e., equal to the employee's applicable salary or hourly wage plus fringe benefits and overhead, and consistent with Responding Member s collective bargaining agreements or other conditions of employment. All costs incurred for work performed during the specified Period of Assistance will be included. The Requesting Member shall be responsible for all direct and indirect labor costs. B. Equipment Use of equipment, such as construction equipment, vehicles, tools, pumps and generators, shall be at Responding Member's current equipment rate and subject to the following conditions: The Requesting Member shall reimburse the Responding Member for the use of equipment during the specified Period of Assistance, including, but not limited to, reasonable rental rates, all fuel, lubrication, maintenance, transportation, and loading/unloading of loaned equipment. All equipment shall be returned to the Responding Member as soon as is practicable and reasonable under the circumstances. (a) At the option of Responding Member, equipment may be provided with an operator. (b) Equipment shall be returned to Responding Member within 24 hours after receipt of an oral or written request for return. (c) Requesting Member shall, at its own expense, supply all fuel, lubrication and maintenance for furnished equipment. (d) Responding Member s cost related to the transportation, handling and loading/unloading of equipment shall be chargeable to Requesting Member. (e) In the event equipment is damaged while being dispatched to Requesting Member, or while in the custody and use of Requesting Member, Requesting Member shall reimburse Responding Member for the reasonable cost of repairing said damaged equipment. If the equipment cannot be repaired, then Requesting Member shall CalWARN Mutual Aid/Asst Agreement 5 Approved and Adopted September 30, 2007 by Vote of Members September 10, 2014 Agenda Page 22 of 113 Agenda Item # 9(C) - Page 7 Agreement

23 reimburse Responding Member for the cost of replacing such equipment with equipment that is of at least equal capability as determined by the Responding Member. If Responding Member must lease a piece of equipment while Requesting Member equipment is being repaired or replaced, Requesting Member shall reimburse Responding Member for such lease costs. C. Materials and Supplies Requesting Member shall reimburse Responding Member in kind or at actual replacement cost, plus handling charges, for use of expendable or nonreturnable supplies. Other supplies and reusable items that are returned to Responding Member in a clean, damage-free condition shall not be charged to the Requesting Member and no rental fee will be charged; otherwise, they shall be treated as expendable supplies. Supplies that are returned to the Responding Member with damage must be treated as expendable supplies for purposes of cost reimbursement. D. Payment Period The Responding Member shall provide an itemized bill to the Requesting Member for all expenses incurred by the Responding Member while providing assistance under this Agreement. The Requesting Member shall send the itemized bill not later than (90) ninety dates following the end of the Period of Assistance. The Responding Member may request additional periods of time within which to submit the itemized bill, and Requesting Member shall not unreasonably withhold consent to such request. The Requesting Member agrees to reimburse the Responding Member within 60 days from receipt of an invoice for assistance provided under this Agreement. The Requesting Member may request additional periods of time within which to pay the itemized bill, and Responding Member shall not unreasonably withhold consent to such request, provided, however, that all payment shall occur not later than one-year after the date a final itemized bill is submitted to the Requesting Member. E. Records - Each Responding Member and its duly authorized representatives shall have access to a Requesting Member s books, documents, notes, reports, papers and records which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, maintenance or regulatory audit. Each Requesting Member and its duly authorized representatives shall have access to a Responding Member s books, documents, notes, reports, papers and records which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, maintenance or regulatory audit. Such records shall be maintained for at least three (3) years or longer where required by law and as needed for federal reimbursement practices. ARTICLE VIII. ARBITRATION If any controversy or claim arises out of, or relates to, the Agreement, including, but not limited to an alleged breach of the Agreement, the disputing Members shall first attempt to resolve the dispute by negotiation, followed by mediation and finally shall be settled by arbitration in accordance with the Rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. CalWARN Mutual Aid/Asst Agreement 6 Approved and Adopted September 30, 2007 by Vote of Members September 10, 2014 Agenda Page 23 of 113 Agenda Item # 9(C) - Page 8 Agreement

24 ARTICLE IX. REQUESTING MEMBER S DUTY TO INDEMNIFY Pursuant to Government Code Section 895.4, and subject to Article X, Requesting Member shall assume the defense of, fully indemnify and hold harmless Responding Member, its Directors, Council Members, Supervisors, officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the Requesting Member s work hereunder, including, but not limited to, negligent or wrongful use of equipment, supplies or personnel provided to Requesting Member or faulty workmanship or other negligent acts, errors or omissions by Responding Member, or by personnel provided to Requesting Member from the time assistance is requested and rendered until the assistance is returned to Responding Member s control, portal to portal. ARTICLE X. SIGNATORY INDEMNIFICATION In the event of a liability, claim, demand, action or proceeding, of whatever kind or nature arising out of the rendering of assistance through this Agreement, the parties involved in rendering or receiving assistance agree to indemnify and hold harmless all Members whose only involvement is the execution and approval of this Agreement, in the transaction or occurrence which is the subject of such claim, action, demand or other proceeding. Such indemnification shall include indemnity for all claims, demands, liability, damages and costs, including reasonable attorneys' fees and other costs of defense, for injury, property damage and workers compensation. ARTICLE XI. WORKER S COMPENSATION CLAIMS The Responding Member is responsible for providing worker s compensation benefits and administering worker s compensation for its employees. The Requesting Member is responsible for providing worker s compensation benefits and administering worker s compensation for its employees. ARTICLE XII. NOTICE Each party hereto shall give to the others prompt and timely written notice of any claim made or any suit instituted coming to its knowledge, which in any way, directly or indirectly, contingently or otherwise, affects or might affect them, and each Member shall have the right to participate in the defense of the same, as it considers necessary to protect its own interests. CalWARN Mutual Aid/Asst Agreement 7 Approved and Adopted September 30, 2007 by Vote of Members September 10, 2014 Agenda Page 24 of 113 Agenda Item # 9(C) - Page 9 Agreement

25 ARTICLE XIII. INSURANCE Members shall maintain an insurance policy or maintain a self insurance program that covers activities that it may undertake by virtue of membership in the Mutual Aid and Assistance Program. ARTICLE XIV. CONFIDENTIAL INFORMATION To the extent allowed by law, any Member or Associate Member shall maintain in the strictest confidence and shall take all reasonable steps necessary to prevent the disclosure of any Confidential Information provided to it by another Member pursuant to this Agreement. If any Member, Associate Member, or third party requests or demands, by subpoena or otherwise, that a Member or Associate Member disclose any Confidential Information provided to it under this Agreement, the Member or Associate Member shall immediately notify the owner of the Confidential Information and shall take all reasonable steps necessary to prevent the disclosure of any Confidential Information by asserting all applicable rights and privileges with respect to such information and shall cooperate fully in any judicial or administrative proceeding relating thereto. ARTICLE XV. EFFECTIVE DATE This Agreement shall take effect for a new party immediately upon its execution by said party. ARTICLE XVI. WITHDRAWAL Any party may terminate its participation in this Agreement by written notice to the Chair of the appropriate RSC and to the SSC Chair. Withdrawal takes effect 60 days after the appropriate officials receive notice. Withdrawal from this Agreement shall in no way affect a Requesting Member s duty to reimburse a Responding Member for cost incurred during a Period of Assistance, which duty shall survive such withdrawal. ARTICLE XVII. MODIFICATION No provision of this Agreement may be modified, altered or rescinded by individual parties to the Agreement. Modifications to this Agreement require a simple majority vote of Members within each region and unanimous agreement among the regions. The State Steering Committee will notify all parties of modifications to this Agreement in writing and those modifications shall be effective upon 60 days written notice to the parties. CalWARN Mutual Aid/Asst Agreement 8 Approved and Adopted September 30, 2007 by Vote of Members September 10, 2014 Agenda Page 25 of 113 Agenda Item # 9(C) - Page 10 Agreement

26 ARTICLE XVIII. SEVERABILITY If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. ARTICLE XIX. PRIOR AGREEMENTS To the extent that prior agreements among signatories to this Agreement for mutual assistance are inconsistent with this Agreement, such agreements are hereby superseded. This Agreement supersedes the 1996 Omnibus Mutual Aid Agreement, the WARN 1997 Omnibus Mutual Aid Agreement, and the WARN 2001 Omnibus Mutual Aid and Assistance Agreement. ARTICLE XX. PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES This Agreement is for the sole benefit of the Members and no other person or entity has rights under this Agreement as a third party beneficiary. Assignment of benefits or delegation of duties created by this Agreement to third parties that are not Members is prohibited and without effect. ARTICLE XXI. TORT CLAIMS This Agreement in no way abrogates or waives any immunity or defense available under California law. ARTICLE XXII. INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS To the extent practicable, Members retain the right to participate in mutual aid and assistance activities conducted under the State of California Intrastate WARN Mutual Aid and Assistance Program and the Interstate Emergency Management Assistance Compact (EMAC) and similar programs. CalWARN Mutual Aid/Asst Agreement 9 Approved and Adopted September 30, 2007 by Vote of Members September 10, 2014 Agenda Page 26 of 113 Agenda Item # 9(C) - Page 11 Agreement

27 California Water/Wastewater Agency Response Network (CalWARN) 2007 Omnibus Mutual Assistance Agreement WHEREAS, the California Office of Emergency Services (OES), the Department of Water Resources (DWR), the Department of Public Health (DPH) and the California Utilities Emergency Association (CUEA) have expressed a mutual interest in the establishment of a plan to facilitate and encourage water agency mutual assistance agreements between water agencies; and WHEREAS, the California Water Agency Response Network (CalWARN) was originally created to provide a forum for the development of mutual assistance agreements between water agencies in the OES Coastal Region of California; and later expanded to all water and wastewater agencies in the State of California, and WHEREAS, the CALIFORNIA WATER/WASTEWATER AGENCY RESPONSE NETWORK (CalWARN) 2007 OMNIBUS MUTUAL ASSISTANCE AGREEMENT is a continuation of the WARN 1996 OMNIBUS MUTUAL AID and 2001 OMNIBUS MUTUAL AID AGREEMENT and sets forth the mutual covenants and agreements for water and wastewater agencies to provide mutual assistance to one another in times of emergency; and WHEREAS, State OES regulates the SEMS program, and this agreement is consistent with SEMS, and that it is necessary to have a mutual assistance agreement in place to support requests to FEMA for costs of using assistance during an emergency, and WHEREAS, the water or wastewater agency hereto has determined that it would be in its best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the agency whenever emergency personnel, equipment and facility assistance are provided from one agency to the other; and WHEREAS, no water or wastewater agency should be in a position of unreasonably using its own resources, facilities, or services providing such mutual assistance; and WHEREAS, it is the intent of WARN to revise this agreement as necessary and to annually publish a list of all water and wastewater agencies participating in this agreement, as posted on and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Articles 14 and 17 (Section 8630 et seq.) of the Act. NOW, THEREFORE, in consideration of the conditions and covenants contained therein, the (Utility) agrees to become a party to the CalWARN 2007 Omnibus Mutual Assistance Agreement. Date: By: Title: Please return a signed copy of this page, plus the information requested on Emergency September 10, 2014 Agenda Page 27 of 113 Agenda Item # 9(C) - Page 12 Agreement

28 Contacts List to: Raymond Riordan CalWARN, State Steering Committee 2662 Marsh Drive San Ramon, California September 10, 2014 Agenda Page 28 of 113 Agenda Item # 9(C) - Page 13 Agreement

29 Oceano Community Services District 1655 Front Street, P.O. Box 599, Oceano, CA (805) FAX (805) Date: September 10, 2014 To: From: Subject: Board of Directors Paavo Ogren, General Manager Agenda Item # 10(A) - Submittal for approval recommendations a) to approve a resolution to purchase of a Multi-purpose Utility Vehicle, b) to approve financing with De Lage Landen (Rabobank) in an amount not to exceed $40,000, and c) to approve a budget adjustment in the amount of $65, Recommendations It is recommended that your Board: 1. Approve a resolution (Attachment A ) approving a Purchase Order with Wondries Fleet Group, Alhambra CA, directing the President to sign, and making findings consistent with District Ordinance , Section Approve the attached financing proposal (Attachment B ) with De Lage Landen (Rabobank) a. Direct the President to sign, b. Direct the President to execute final lease/purchase documents provided that the terms and conditions are consistent with Attachment B c. Approve the first check disbursement in the amount of $755.60, which is required at loan closing. 3. Approve the following budget adjustment: a. Increase the appropriations in the Governmental Fund for equipment purchases in the amount of $57,743.61, for debt payments in the amount of $7,556.00, for a total increase of $65, b. Increase financing sources for the Governmental Fund from debt proceeds in the amount of $40,000.00, from cancellation of designated reserves for equipment and infrastructure in the amount of $17,743.61, and from transfers in from other funds by $7,556.00, for a total increase of $65, September 10, 2014 Agenda Page 29 of 113 Agenda Item # 10(A) - Page 1 Staff Report

30 Oceano Community Services District Board of Directors Meeting Discussion For the past few months, the District has been considering the purchase of a Multi-purpose Utility Vehicle. Most recently, on July 23, 2014, your Board considered financing options and final purchasing processes. At that time, your Board also referred the matter to the Finance and Audit Committee, who met on August 1, 2014, to develop recommendations on the terms of financing. Procurement The District s procurement processes were adopted pursuant to Resolution Policies, Procedures and Regulations Governing Purchase of Supplies and Equipment by the District Pursuant to Ordinance Section 7 requires formal bids on purchases in excess of $20,000. Section 9 establishes an alternative procedure by providing that the District Board of Directors may approve the purchase of supplies and equipment by accepting a proposal submitted by a vendor to another public agency for similar equipment upon Resolution of the District Board of Directors making the following findings: 1) The other public agency's procedures for the purchase were substantially similar or more stringent than the District's procedures as set forth herein; 2) The supplies or equipment to be purchased by the District are substantially similar to the supplies or equipment purchased by the other public agency, so that the submitted proposals would be responsive to the District's specifications; and 3) The proposed purchase is consistent with the policy of awarding the contract to the most responsive vendor with the consideration of price and delivery date. The attached resolution recognizes the use of the State of California s equipment bidding process through the Department of General Services Procurement Division Contract # E. As previously reported on July 23, 2014, the use of the State s procurement contract had identified the ability to purchase a 2014 Ram 5500 for $59, Further research revealed that the State s procurement process also had a lower bidder for similar equipment, and the attached Purchase Order has been prepared to obtain a 2015 Ford F550 for $55, As a result, the estimated costs are now $3, less than previously estimated. September 10, 2014 Agenda Page 30 of 113 Agenda Item # 10(A) - Page 2 Staff Report

31 Oceano Community Services District Board of Directors Meeting Rabobank Financing On July 23, 2104, your Board reviewed terms of financing offered by De Lage Landen (part of Rabobank Group) and referred the options to the Finance and Audit Committee. The committee met on August 1, 2014 and recommends the 60 month (5 year) term for financing. The attached Proposal for Tax Exempt Lease Purchase Financing also has a slightly reduced interest rate from the prior proposal, from 5.06% to 5.04%. The terms require that the first installment is due at closing. As a result, the first check of $ is also recommended for your Board s approval. Budget Adjustment In approving the District s Final Budget for fiscal year , your Board established a designated reserve in the Governmental Fund for equipment and infrastructure in the amount of $60,000. Of that amount, $17, needs to be cancelled as a funding source for the truck s procurement. The following is a summary of costs and financing sources: Costs Truck and appurtenances $55, Truck safety and work lights 2, Total Costs $57, Source of Funds De Lage Landen Financing $40, Use of Reserves 17, Total Sources of Funds $57, The truck safety and work lights are procured separate from the Truck and not part of recommended action. (See attachment C for the bid received on the lights). Nevertheless, the budget adjustment also needs to cover the cost of the lights. Since the Governmental Fund is purchasing the truck, it will be included in the District s General Fixed assets. Repayment to the Governmental Fund from the Water and Sewer Funds will be based on quarterly depreciation charges (amortized over 5 years to match the term of the loan), plus interest. Usage of the truck will be tracked by fund so that quarterly charges to each fund will be based on actual costs and actual usage. Cost allocations distributed to the funds, and reimbursement of those September 10, 2014 Agenda Page 31 of 113 Agenda Item # 10(A) - Page 3 Staff Report

32 Oceano Community Services District Board of Directors Meeting costs to the Governmental Fund, will be accounted for in a manner that is similar to the District s allocation of administrative costs. Other Agency Involvement State of California Department of General Services Procurement Division provides equipment and supply bids that are available for local agencies throughout California. Other Financial Considerations Purchase of the multi-purpose utility vehicle by the Governmental Fund will help promote establishing equipment replacement funds. The allocation of costs for use in the water and sewer funds do not require budgetary adjustments, and overall, will provide for a current year budget savings in comparison to continue rental of a truck at $1, per month. Results Attachments: A. Resolution approving purchase order with Wondries Fleet Group and findings consistent with District Resolution B. Proposal for Tax Exempt Lease Purchase financing from De Lage Landen C. Bid for truck safety and work lights September 10, 2014 Agenda Page 32 of 113 Agenda Item # 10(A) - Page 4 Staff Report

33 OCEANO COMMUNITY SERVICES DISTRICT RESOLUTION NO. RESOLUTION APPROVING THE PURCHASE ORDER FOR A MULTI-PURPOSE UTILITY VEHICLE AND ADOPTION OF FINDINGS FOR USE OF THE DISTRICT S ALTERNATIVE PROCUREMENT PROCEDURES PURSUANT TO SECTION 9 OF RESOLUTION The following resolution is now offered and read: WHEREAS, the Oceano Community Services District (hereinafter referred to as District ) operates a community water system and a community wastewater system; and WHEREAS, the need exists to purchase a Multi-purpose utility vehicle; and WHEREAS, Section 7 of District Resolution established a formal bid process for purchases of supplies and equipment with estimated costs in excess of $20,000; and WHEREAS, Section 9 of District Resolution provides an Alternative Procedure by utilizing proposals submitted by a vendor to another public agency for similar equipment provided that the District s Board of Directors makes specific findings; and WHEREAS, it is in the public interest to purchase a Multi-purpose utility vehicle pursuant to the District s Alternative Procedure. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Directors of the Oceano Community Services District, as follows: 1. That the following findings are valid and true: a. That the State of California Department of General Services Procurement Division procedures for establishing formal competitive bids are substantially similar to or more stringent than the District s formal bid procedures. b. The equipment specified in State Contract # E is substantially similar to the District s needs and is responsive to the District s specifications. c. The proposed attached purchase order is based on the #1 rank and lowest bid from the State s competitive procurement process and can be delivered in a time responsive to the District s needs. 2. That the attached Purchase Order to procure a Multi-purpose utility vehicle is approved and the President is directed to sign. September 10, 2014 Agenda Page 33 of 113 Agenda Item # 10(A) - Page 5 Attachment "A"

34 Upon motion of, seconded by, and on the following roll call vote, to wit: AYES: NOES: ABSENT: ABSTAINING: the foregoing Resolution is hereby adopted on the day of, 20. ATTEST: President of the Board of Directors September 10, 2014 Agenda Page 34 of 113 Agenda Item # 10(A) - Page 6 Attachment "A"

35 Oceano Community Services District 1655 Front Street, P.O. Box 599, Oceano, CA (805) FAX (805) PURCHASE ORDER Purchase Order #: Purchase Order Date: 09/03/2014 Customer ID:: Bill To: OCEANO COMMUNITY SERVICES DISTRICT P. O. BOX 599 OCEANO, CA ATTN: TONY MARRACCINO Ship To: OCEANO COMMUNITY SERVICES DISTRICT 1655 Front Street Oceano, CA Date Your Order # Our Order # Sales Rep. FOB Ship Via Terms Tax ID Quantity Item Units Description Discount % Taxable Unit Price Total 1 See Attached Specifications for a 2015 Ford - F550 Subtotal 51, Approved by: Tax 3, REMITTANCE Customer ID: Shipping Miscellaneous Balance Due 55, Front Street Oceano, CA Phone: Fax: tony@oceanocsd.org September 10, 2014 Agenda Page 35 of 113 Agenda Item # 10(A) - Page 7 Attachment "A"

36 September 10, 2014 Agenda Page 36 of 113 Agenda Item # 10(A) - Page 8 Attachment "A"

37 E-TIPPER ~o V'J \,..iq~~ September 10, 2014 Agenda Page 37 of 113 Agenda Item # 10(A) - Page 9 Attachment "A"

38 More Lifting Capacity The time-tested and field-proven Lo-Boy hoist is engineered for easy installation, ease of operation, safety and long service life. Its low profile adds no body height, keeping the load low. Four models are available for 8 to 14-footbodies. All feature premium cylinders made from high-strength honed steel tubing and have chromed shafts, close-tolerance pistons and high-pressure seals. High-pressure hydraulics produce more power with less weight. The durable Lo-Boy hoist is backed by a 5-yearwarranty. Full Length Subframe LB400, LB500, LB510and LB520 hoists include a full length subframe for added strength and for added safety a body prop is factory installed. Each model is specifically designed to fit between the body longbeams for lower mounting heights and a lower center of gravity. High Pressure Hydraulics Double acting hydraulics provide power both up and down for better control of the load and for achieving exact dump angles Precision cylinders are high strength steel tubing, honed for a precise fit Hard chromed cylinder shafts Tetlon" composite bearings on main hoist pivot and cylinder cross head never needs lubrication or maintenance l Body Length (ft) f Cab to Axle (in) B B Rear Overhang (in) " 16" 28" " 28" LB400 Capacity (tons) N/R N/R N/R N/R N/R LB500 Capacity (tons) B.1 9.B B N/R LB510 Capacity (tons) B.7 9.B B B N/R LB520 Capacity (tons) r LB400. LB500. LB510 & LB520 Specifications Holst Model NTEAClass Cylinder Bore Oparstlng Mounting Min. Longbeam Subframe Approximate BodyLangth Stroka Shaft (in) Pressure PSI Height (in) Height (in) Height (in) Weight (lbs) (ft) LB LB500 20/C LB510 30/C LB520 40/C All La-Boy hoists mount low. September 10, 2014 Agenda Page 38 of 113 Agenda Item # 10(A) - Page 10 Attachment "A"

39 De Lage Landen Public Finance LLC 1111 Old Eagle School Road Wayne, PA Tel: Proposal for Tax Exempt Lease Purchase Financing Date: September 30, 2014 Customer: Oceano Community Services District The following is a proposal for financing for Oceano Community Services District, CA ( Customer ) regarding the equipment described herein ("Equipment) by De Lage Landen Financial Services, dba De Lage Landen Public Finance LLC ( DLL ) for discussion purposes only. This proposal is an indication of interest regarding a possible financing transaction on the general terms and conditions outlined herein and should not be construed as a commitment. This is a finance/ownership contract. $1.00 purchase option at contract end. Title to the equipment must be in the name of the Customer, with a security interest granted to DLL. Fixed interest rate for the term of the contract. Cancellation for convenience or vendor non-performance is not permitted. Payment invoicing and contract servicing will be in the name of DLL Public Finance. Equipment: 2014 Dodge Ram 550 Dump Truck Transaction Overview Term: 3 Years 4 Years 5 Years Acquisition Cost: $40,000 $40,000 $40,000 Down Payment: $0.00 $0.00 $0.00 Buy Out: $0.00 $0.00 $0.00 Principal Balance: $40,000* $40,000* $40,000* Payment Mode: Monthly Monthly Monthly Interest Rate: 4.63% 4.83% 5.04% Payment Factor: * * * Payment: $1,192.16* $918.12* $755.60* *1 st payment due at signing **Estimated. Subject to change. Interest Rate Lock: Interest Rate Indexing: Interest rates and rate factors are valid for funding prior to 9/30/14 and indexed thereafter. The transaction must be funded prior to 9/30/14, or DLL reserves the right to adjust and determine a new Fixed Interest Rate If interest rate indexing is required as per the paragraph above, the interest rate will be indexed to the Securities Industry and Financial Markets Swap/Ask Index (formerly the BMA Swap/Ask Index) ( SIFMA Swap Ask Yield ). The interest rate and resulting payments will be determined ten (10) days prior to closing. De Lage Landen has offices in more than 20 countries throughout Europe, the Americas and Asia Pacific. The company September is part 10, of 2014 the Rabobank Agenda Page Group. 39 of 113 Agenda Item # 10(A) - Page 11

40 General Terms and Conditions De Lage Landen Public Finance LLC must fund this transaction prior to 9/30/14, or DLL reserves the right to adjust and determine a new Fixed Interest Rate. This transaction must be designated as tax-exempt under Section 103 of the Internal Revenue Code of 1986 Failure to consummate this transaction once credit approval is granted and the financing documents are drafted and delivered to Customer may result in a documentation fee being assessed. All financing is subject to verification that all costs are eligible for inclusion in a tax exempt financing. Any proceeds used to payoff an existing lease or lease purchase agreement must be done via direct payment to the existing leasing company or finance company and based upon a written buyout quote. If state sales tax is applicable to the sale of the Equipment to the Customer, such tax is explicitly NOT the responsibility of DLL. Either DLL or Customer may terminate discussions at any time in its sole discretion. If made, an approval by DLL would be in a separate writing and would be subject to legal and business due diligence and credit review, with results satisfactory to DLL, in its sole discretion. Customer acknowledges that the terms of the financing (if approved) may change before the parties execute final documentation. No financing terms will be binding on either party until Customer and DLL sign definitive documentation. This Letter is not a statement of all terms and conditions of the financing, which terms and conditions would be contained fully in final documentation and would supercede the terms of this Letter. This Letter is intended for the use of the Customer only, and no other party may rely upon or derive any legal rights from this Letter. This Letter is valid for acceptance and funding prior to 9/30/14 and thereafter shall automatically be deemed to be null and void. Thank you for the opportunity to present this proposal and for your thoughtful consideration. De Lage Landen Financial Services John J. D Angelo ACCEPTED: Oceano Community Services District, CA Signature: Name & Title: Date: De Lage Landen has offices in more than 20 countries throughout Europe, the Americas and Asia Pacific. The company September is part 10, of 2014 the Rabobank Agenda Page Group. 40 of 113 Agenda Item # 10(A) - Page 12

41 September 10, 2014 Agenda Page 41 of 113 Agenda Item # 10(A) - Page 13 Attachment "C"

42 Oceano Community Services District 1655 Front Street, P.O. Box 599, Oceano, CA (805) FAX (805) Date: September 10, 2014 To: From: Subject: Board of Directors Paavo Ogren, General Manager Agenda Item #10 (B) - Submittal for approval a Resolution Authorizing the General Manager to Execute Reimbursement Agreements for Costs Associated with Utility Service Requests Recommendation It is recommended that your Board approve the attached resolution Authorizing the General Manager to Execute Reimbursement Agreements for Costs Associated with Utility Service Requests Discussion From time to time, individuals, businesses and other organizations apply for utility service from the District. Existing District ordinances, including , require the applicant to pay an application fee and other fees associated with obtaining utility services. In essence, the applicant is required to pay 100% of the District s costs. Some applications are complex and require significant engineering, financial, administrative and legal evaluations and other work to determine any conditions that may be necessary to accommodate a particular applicant s request before recommendations can be developed for consideration by your Board. Approval of the attached resolution, and reimbursement agreement, will enable District staff, the District engineer, and District legal counsel to address the details of an application in a timely manner. It will also help to ensure that the costs associated with the application are paid by the applicant and not the District s taxpayers or utility customers. September 10, 2014 Agenda Page 42 of 113 Agenda Item 10B - Page 1 Staff Report

43 Oceano Community Services District Board of Directors Meeting Other Agency Involvement Examples of other agencies involved in reviewing and evaluating applications for services include the San Luis Obispo County Local Agency Formation Commission, the County of San Luis Obispo, the City of Arroyo Grande, the South San Luis Obispo County Sanitation District and various regulatory agencies. Other Financial Considerations n/a Results Approval of the attached resolution will help ensure timely and responsive government which promotes well governed communities in a fiscally equitable manner. Exhibit A - Resolution Authorizing the General Manager to Execute Reimbursement Agreements for Costs Associated with Utility Service Requests September 10, 2014 Agenda Page 43 of 113 Agenda Item 10B - Page 2 Staff Report

44 OCEANO COMMUNITY SERVICES DISTRICT RESOLUTION NO. RESOLUTION AUTHORIZING THE GENERAL MANAGER TO EXECUTE REIMBURSEMENT AGREEMENTS FOR COSTS ASSOCIATED WITH UTILITY SERVICE REQUESTS The following resolution is now offered and read: WHEREAS, the Oceano Community Services District (hereinafter referred to as District ) operates a community water system and a community wastewater system; and WHEREAS, from time to time, individuals, businesses and other organizations (hereinafter referred to individually as the applicant ) request the ability to connect to such systems and obtain the applicable utility service from the District; and WHEREAS, engineering, financial, administrative and legal evaluations and other work (hereinafter referred to as District Services ) are often required in order to determine any conditions that may be necessary to accommodate a particular request for utility services before recommendations can be developed for consideration by the Board of Directors; and WHEREAS, the costs incurred by the District in performing the District Services can vary depending on the nature of the request; and WHEREAS, District Ordinance requires that all costs and expenses incident to the installation and connection of water or other work shall be paid by the Applicant; and WHEREAS, establishing a reimbursement agreement between the District and the applicant that describes the scope of the District Services and the obligation of the applicant to pay all costs incurred by the District in connection with the District Services is necessary to ensure that the general District-wide taxpayers and/or existing utility customers do not pay these costs; and WHEREAS, it is in the public interest to authorize the General Manager to enter into a reimbursement agreements for such District Services subject to the approval as to form and legal effect by District Counsel. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Directors of the Oceano Community Services District, as follows: 1. That the General Manager is authorized to sign reimbursement agreements for District Services associated with utility service requests in substantially the same form as the template attached hereto as Exhibit A and incorporated herein by this reference provided that the reimbursement agreements are approved as to form and legal effect by the District s legal counsel. September 10, 2014 Agenda Page 44 of 113 Agenda Item 10B - Page 3 Resolution

45 Upon motion of, seconded by, and on the following roll call vote, to wit: AYES: NOES: ABSENT: ABSTAINING: the foregoing Resolution is hereby adopted on the day of, 20. ATTEST: President of the Board of Directors September 10, 2014 Agenda Page 45 of 113 Agenda Item 10B - Page 4 Resolution

46 Oceano Community Services District Exhibit A DISTRICT SERVICES REIMBURSEMENT AGREEMENT This Agreement is entered into on this day of 20 by and between (hereinafter referred to as Applicant ) and the Oceano Community Services District (hereinafter referred to as District ). W I T N E S S E T H WHEREAS, Applicant has requested (insert description of requested review) in connection with its proposal to (insert description of activity/project) (hereinafter referred to as Project ); and WHEREAS, (insert background or history of Project) ; and WHEREAS, (insert any applicable legal authority) ; and WHEREAS, the Board of Directors of the Oceano Community Services District authorized the General Manager to execute and enter into a District Services Reimbursement Agreements on (insert date) per Resolution No. XX-XXX; and WHEREAS, the purpose of this Agreement is to set forth the terms and conditions under which the Applicant will reimburse the District for its review, analysis, recommendations, comments and critique in connection with (insert description of requested review) NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, Applicant and District mutually covenant and agree as follows: A. TYPE OF ACTIVITIES ELIGIBLE FOR REIMBURSEMENT Applicant will provide reimbursement to District for any and all expenses incurred by District related to its review, analysis, recommendations, comments and critique in September 10, 2014 Agenda Page 46 of 113 Agenda Item 10B - Page 5 Resolution

47 connection with (insert description of requested review) including, but not limited to (insert description of specific work items if applicable) B. OBLIGATIONS 1. Applicant shall submit to District and maintain a deposit account in the amount of equal to the application fee established by District Ordinance Article (2)(2). District will provide a monthly invoice to Applicant for costs incurred by District which amount shall become due and payable within fifteen (15) days. If Applicant fails to make the requisite payment within thirty (30) days of the District s invoice, the District, in its sole discretion, may terminate this Agreement, impose a late fee equal to one half of one percent per month of the outstanding balance and/or utilize the deposit to reimburse District for work performed in accordance with the provisions of this Agreement. Upon termination or completion of the work performed in accordance with the provisions of this Agreement, the District will return any remaining portion of the deposit to Applicant. 2. For all services rendered by District personnel, Applicant shall be charged and pay District the actual cost. 3. Applicant shall defend, indemnify and save harmless District, its officers, agents and employees from any and all claims, demands, costs, expenses, or liability occasioned by the performance or attempted performance of the provisions hereof, or in any way arising out of this Agreement, including, but not limited to, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of Applicant or of its agents, employees, or independent contractors directly responsible to Applicant, providing further that the foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by Applicant, Applicant s agents, employees, or other representatives. Nothing contained in the foregoing indemnity provisions shall be construed to require Applicant to indemnify District against any responsibility or liability in contravention of Section 2782 of the Civil Code. 4. Applicant shall be responsible for acquiring any landowner permission needed to accomplish any work related to (insert description of requested review). C. GENERAL TERMS 1. Applicant s obligation to reimburse District is not contingent or in any way dependent on any approval by the District, the County or any other regulatory body required in connection with the Project. Any approval of the (insert description of requested review) September 10, 2014 Agenda Page 47 of 113 Agenda Item 10B - Page 6 Resolution

48 pursuant to this Agreement shall not be deemed an approval of the Project as a whole. 2. Unless otherwise provided, all notices herein required shall be in writing and delivered in person or sent by United States first class mail, postage prepaid. Notices required to be given to District shall be addressed as follows: General Manager, Oceano Community Services District, 1655 Front Street, Oceano California, Notices required to be given to Applicant shall be sent to Applicant s billing address as set forth below. Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 3. It is understood and agreed by and between the Parties, hereto, that this Agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this Agreement. 4. This Agreement will remain in effect until the (insert description of requested review) is completed. Notwithstanding the foregoing, the District retains the right to terminate this Agreement at any time effective immediately upon notice to Applicant. IN WITNESS WHEREOF, District and Applicant have executed this Agreement on the day and year first hereinabove set forth. DISTRICT By: General Manager Oceano Community Services District APPROVED AS TO FORM AND LEGAL EFFECT: District Legal Counsel By: (Insert Name) (Insert Title) Dated: APPLICANT By: Dated: (Insert Name) September 10, 2014 Agenda Page 48 of 113 Agenda Item 10B - Page 7 Resolution

49 Oceano Community Services District 1655 Front Street, P.O. Box 599, Oceano, CA (805) FAX (805) Date: September 10, 2014 To: From: Subject: Board of Directors Paavo Ogren, General Manager Agenda Item #11 - Discussion for staff direction on the application for water service by Ken Mar Gardens Mobile Home Park Recommendation It is recommended that your Board review the application for services from Ken Mar Gardens Mobile Home Park and provide staff direction as you deem appropriate. Discussion Correspondence from Ken Mar Gardens MHP (Attachment A ) indicates that their existing well is going dry and that they are seeking approval for hook-up and the costs of the services. The following are issues that have been identified and must be addressed prior to service being approved: In June 2009, the San Luis Obispo County Local Agency Formation Commission (LAFCo) considered annexing Ken Mar Gardens MHP into the District boundaries. The LAFCo agenda item from June 18, 2009 is included as attachment B together with LAFCo s certificate of completion on the annexation. The City of Arroyo Grande s water distribution infrastructure is immediately adjacent to the property. o Neighboring mobile home parks which are within the District s boundaries and are District customers are connected to the City s water distribution system. o Attachment B also includes an agreement between the District and the City to establish the City s wheeling arrangement. A similar arrangement for Ken Mar Gardens MHP would need to be approved, which may require LAFCo approval. September 10, 2014 Agenda Page 49 of 113 Agenda Item #11 - Page 1 Staff Report

50 Oceano Community Services District Board of Directors Meeting o The City has provided an estimate of the cost of connecting Ken Mar Gardens, which is included in Attachment C, but the final approval would need to be included in an agreement between the District and the City. o Assuming that the water service connection is accomplished through a wheeling agreement with the City, attachment D includes the estimated fees that Ken Mars MHP would owe to the District. If the actual costs of engineering, financial, administrative and legal evaluations and other work to accomplish the connection exceed the application fee, those additional costs would also be due to the District from Ken Mar Gardens MHP. As an alternative to establishing connection through the City of Arroyo Grande, Ken Mar Gardens MHP could be required to extend the District s infrastructure to their property, at their cost, in addition to all other fees and costs associated with obtaining water service. In summary, the following are the options for providing water services to Ken Mar Gardens MHP. These options have been developed to obtain general direction from your Board but do not represent final recommendations on conditions. Final conditions would need to be established in a will-serve letter approved by your Board at a subsequent hearing. Option #1: Option #2: Establish a permanent service with Ken Mar Gardens MHP, with a connection to the City of Arroyo Grande s water system infrastructure, an agreement with the City, consideration of LAFCo requirements, and payment of District fees. Establish a permanent service with Ken Mar Gardens, with a requirement to extend the District s existing water system infrastructure, consideration of LAFCo requirements, and payment of District fees. As a result of conditions adopted by LAFCo in June 2009, the ability to provide emergency water only to Ken Mar Gardens MHP does not appear to be an option. LAFCo s conditions of annexation provide that Ken Mar Gardens can continue to use their existing well until they are connected to the community s water system. Likewise, once connected, they can no longer use their well and the water service from the District must be on a permanent basis. September 10, 2014 Agenda Page 50 of 113 Agenda Item #11 - Page 2 Staff Report

51 Oceano Community Services District Board of Directors Meeting Other Agency Involvement The two sources of supply available to provide water through a connection with the City of Arroyo Grande include the District s State Water Supply and the District s Lopez Water Supply. Both supplies are obtained from the San Luis Obispo County Flood Control and Water Conservation District under contracts between the Districts. The attached agreement in Exhibit B with the City relating to neighboring properties only identifies Lopez Water. If the District s infrastructure is extended to Ken Mars MHP, then the District s groundwater would also be available. Other Financial Considerations n/a Results Providing water service to Ken Mar Gardens MHP will help ensure a reliable supply to the property and its residents and promote healthy and livable communities Attachments: A. Correspondence from Ken Mar Gardens MHP B. LAFCo item R-1-09 dated June 18, 2009 and Certificate of Completion C. Estimated costs of connection from the City of Arroyo Grande D. Estimated District fees (based on Option #1) September 10, 2014 Agenda Page 51 of 113 Agenda Item #11 - Page 3 Staff Report

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