Hornbrook Community Services District P.O. Box 29, Hornbrook, CA 96044 DIRECTORS Robert Puckett, President Patricia Slote, Secretary Melissa Tulledo Bryant Schauffler Vacant (5 th seat) Regular Meeting of the Board of Directors Hornbrook Community Hall 220 Main Street, Hornbrook, CA 96044 July 25, 2017, at 6:30 p.m. AGENDA 1. CALL TO ORDER: Presiding Officer: Establish Quorum, Pledge of Allegiance: 2. PUBLIC COMMENT: Any person may address the Board at this time on any matter within the jurisdiction of the District. A maximum of three minutes is allowed each person and a maximum of 10 minutes per topic. The presiding officer has discretion to extend the time and/or reasonably limit the length of time for any individual comments. Written comments may be presented to the Board of Directors. Any person wishing to address the Board on an item ON THE AGENDA will be given the opportunity at that time. Speakers are encouraged to consult District Management or Directors prior to agenda preparation regarding any District matters, as no action will be taken on non-agenda issues. 3. PRESENTATION ONLY: a. General Manager s Report for the Month of July 2017 4. APPROVAL OF CONSENT AGENDA: The following items may all be approved in one motion or considered separately as determined appropriate by the President a. Approval of the Minutes Regular Meeting of June 27, 2017 and Special Meeting of June 21, 2017 and July 6, 2017 b. Approve bills and authorize signatures on Warrant Authorization Form for District expenses received through July 25, 2017 (Initial draft warrant list attached) c. Approval of receipt and filing of Siskiyou County Auditor-Controller June 2017 Budget/Financial Reports 5. DISCUSSION AND ACTION ITEMS: a. Adoption of a Resolution approving an agreement with Kevin Dixon for services as a State Certified Water Treatment and Distribution Operator b. Discussion and action regarding the indemnification and related actions for District employees, consultants and contractors acting in the course and scope of their duties c. Discussion and action regarding the requirements for notification of a Newspaper of General Circulation within the District of regular and special Board meetings d. Discussion and action regarding the establishment of a District fee schedule for miscellaneous services including, but not limited to the sale of bulk water, discontinuance of service and account delinquency charges e. Discussion and action regarding a recommended contract for utility accounting and bookkeeping duties, including the need for utility billing software 6. ANNOUNCEMENT OF AND PUBLIC COMMENT ON CLOSED SESSION ITEMS CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code sec. 54856.9(a)) Hornbrook CSD V. Olson, Harrell, No. 14-0797: Olson v. Hanson, e t. a l., No. 14-0672 Harrell v. Hanson, e t. al., No. 14-0671 Harrell v. Hornbrook CSD, No. 15-0006 Gifford v. Hanson, No. 15-205 Gifford v. Dingman, No.15-044 Harrell v. Hornbrook CSD, No. 1 5-0847 Gifford v. Hornbrook CSD, No. 15-0982 Page 1 Gifford v. Hornbrook CSD, No. 15-1392
Olson v. Hornbrook CS D, No. 15-1393 Gifford v. Hornbrook CSD, No. 16-1088 Olson v. Hornbrook CSD, No. 16-1089 Gifford v. Hornbrook CSD, No.16-1292 Olson v. Hornbrook CSD, No. 16-1293 Gifford v. Hornbrook CSD, No. 17-0323 Olson v. Hornbrook CS D, No. 1 7-0327 Gifford v. Hornbrook CSD, No. 17-561 Harrell v. HCSD 2:14-cv.0 1595-KJM-GGH Olson v. HCSD 2:15-cv-00646-MCE-CMK Olson v. HCSD 2: l 6-c v-00956-kjm-efb Gifford v. HCSD 2:15-cv- 01274-MCE-AC Gifford v. HCSD 2:16-cv-00955-KJM-GGH 7. RECONVENE TO OPEN SESSION AND REPORT OUT (Immediately following Closed Session) 8. ADJOURNMENT AGENDA ITEM 4B - This list of payables is staff's preliminary recommendation. At the board meeting, there may be additions, deletions, and other corrections Payable To Amount Pacific Power $ 758.45 Basic Laboratory - Routine Coliform+Annual $ 600.00 Clint Dingman - Payroll $ 600.00 Sum It Up $ 799.00 G&G Hardware $ 32.29 Chemquip $ 1,028.00 Siskiyou Sanitary $ 75.90 State Water Resources Control Board $ 194.00 AT&T $ 97.93 IRS - Payroll $ 1,175.87 Pat Slote, Reimbursement $ 60.98 Siskiyou Daily News, Publication of Ordinance $ 144.12 Murphy, Pearson, Bradley & Feeney, P.C. (per agreement) $ 1,000.00 Kirsher, Winston, & Boston (Per Statement) $1,500.00 Kampa Community Solutions - (per agreement including 7-6-17 Special Board Meeting) $ 2,500.00 Digital Deployment - Streamline - website $ 50.00 Total $ 10,616.54 Meeting agendas and written materials supporting agenda items, if produced, can be received by the public for free in advance of the meeting by any of the following options: A paper copy viewed at the District office during business hours or mailed pursuant to a written request and payment of associated mailing fees An electronic copy received by email. Note if you would like electronic copies please email Peter Kampa at pkampa@kampacs.com prior to the Board meeting. A limited number of copies of agenda materials will also be available at the meeting Americans with Disabilities Act Compliance: If you require special assistance to participate in Board Meetings, please contact any HCSD Board Member. Advance notification will enable the District to make reasonable arrangements to insure accessibility. Page 2
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HORNBROOK COMMUNITY SERVICES DISTRICT P.O. BOX 29, HORNBROOK, CA. 96044 SPECIAL MEETING MINUTES OF 7/6/17 HORNBROOK COMMUNITY ASSOCIATION HALL BOARD OF DIRECTORS: Robert Puckett, Patricia Slote, Melissa Tulledo, Bryant Schauffler 1. Call to Order, Pledge of Allegiance, Roll Call and Establishment of Quorum: The meeting was called to order at 10:08 am by President Puckett. Pledge of Allegiance recited. Roll Call: Present: Robert Puckett, Patricia Slote, Bryant Schauffler.. Quorum Established. Pete Kampa, General Manager in attendance. Melissa Tulledo present at 10:25 a.m. 2. Public Comment Period: None 3. Discussion and Action Items: a. The Board discussed with Mr. Kampa the individual items on the proposed bylaws, including the authority of the Board and it's board members, duties of the Board and officers, employees and consultants, employee duties, meeting time and place, meeting protocol, minutes of the board, rules of order for board and committee meetings, actions and decisions, board conduct, committees, and board representation. Mr. Kampa will prepare amended bylaws, based on this discussion and will present those at a future regular meeting. b. The Board discussed adopting revised rules and regulations. GM Kampa presented and discussed with the Board each section of the draft regulations, which were initially reviewed with the Board in May 2017. Some changes of the rules as presented were discussed and will be reflected in the future presentation of these rules and regulations at a regular meeting. 4. ADJOURNMENT: The special meeting was adjourned at 2:10 p.m. Submitted by: Patricia E. Slote, Board Secretary Page 5
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Kampa Community Solutions, LLC PO Box 3221 INVOICE NO. 72217 Sonora, CA 95370 DATE July 22, 2017 (209) 694-7023 CUSTOMER ID HCSD pkampa@kampacs.com INVOICE TO Hornbrook Community Services District PO Box 29 Hornbrook, CA 96044 SERVICE PROVIDER PROJECT PAYMENT TERMS DUE DATE Peter J. Kampa General Management Services Due upon receipt 8/15/17 BILLING PERIOD DESCRIPTION UNIT PRICE TOTAL June 2017 General Management Services, Per Agreement $ 1,500.00 $ 1,500.00 Special Board Meeting planning, preparation, presentation, July 6, 2017 $ 1,000.00 $ 1,000.00 travel, per agreement Make all checks payable to Kampa Community Solutions, LLC THANK YOU FOR YOUR BUSINESS! SUBTOTAL $ 2,500.00 SALES TAX TOTAL THIS INVOICE $ 2,500.00 Page 17
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AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT is made and entered into this 1st day of July 2017, by and between the HORNBROOK COMMUNITY SERVICES DISTRICT, formed and operating pursuant to California Government Code 61000 et seq., hereinafter referred to as District and KEVIN DIXON, an individual, hereinafter referred to as Consultant. RECITALS WHEREAS, District desires to obtain services from Consultant as specified in Section 1; and WHEREAS, Consultant is duly licensed, qualified and equipped to perform said services for the benefit of District; and WHEREAS, the performance of such services by Consultant has been determined by District to be in the public interest. NOW, THEREFORE, District and Consultant agree as follows: 1. Scope of Work. District engages the services of Consultant as an independent contractor to perform the work and render the services described herein. The Work is generally described as follows: Serve as Operator of Record for the District: a. Providing expertise serving as lead plant operator using the district groundwater wells only, consulting as a minimum Grade 2 Water Treatment Plant Operator certified by the State Water Resources Control Board b. Providing direction, guidance, coaching, and reporting assistance to District staff c. Providing responsible control of the water system and responding to inquiries from District staff for assistance in operations d. Ensuring compliance with state sampling and reporting requirements and providing related recommendations to the General Manager and/or the District Board of Directors Consultant shall (a) provide all advice, consultation, analysis, administration, and preparation of policies, procedures and documents required or necessary to properly, competently and completely perform the Work; (b) determine the method, details and means of doing the Work; and (3) perform the Work in a manner commensurate with the highest professional standards of qualified and experienced personnel in Consultant s field. 2. Payment. In exchange for the Work, District shall pay to Consultant a fee based on: Payment of a monthly stipend in the lump sum amount of $100 which shall compensate Consultant for serving as Operator of Record. Authorized work including, but not limited to on site operation, maintenance or repair of the groundwater wells or distribution system in excess of the consulting effort associated with serving as Operator of Record, shall be compensated at a rate of forty dollars ($40.00) per hour, mileage reimbursed at the then current IRS mileage rate; billed monthly. Additional hours may only be billed by Consultant and approved by the District's Board of Directors or General Manager if authorized by either of them in advance, unless emergency conditions exist which make it impracticable to obtain such prior approval. The General Manager shall be notified at the earliest possible time of the need to do any emergency work. Page 36
3. Term. a. This Agreement shall take effect on the above date and shall continue in effect through June 30, 2018 unless extended in writing, or sooner terminated as provided below. b. Time is of the essence in this Agreement. c. This Agreement may be terminated for any or all portions of the Work by either party upon written notice to the other party in the event of a substantial failure of performance by such other party. d. In the event of default in performance by Consultant, the provisions of Section 4 hereof shall apply. 4. Default by Consultant. If Consultant fails to expeditiously advance the Work, or performs work that does not comply with the requirements of this Agreement, or fails to perform any task or produce any documents required by this Agreement, or is guilty of any other material breach of the terms of this Agreement, District may (1) suspend payment until such time as the default is remedied by Consultant; or (2) by written notice to Consultant terminate Consultant s right to perform all or any portion of the Work. Consultant hereby agrees to pay District all damages sustained as a result of default by Consultant. If District terminates Consultant s right to perform the Work, District may have the work performed by others and charge the cost to Consultant. 5. Ownership of Documents. Every document prepared by Consultant under this Agreement shall be the exclusive property of District. By this Agreement, Consultant transfers all of its right, title and interest in such documents to District. Documents prepared or held by Consultant under this Agreement may be subject to production pursuant to the California Public Records Act. Consultant agrees to produce such documents promptly, if so directed by District. 6. Compliance with Laws. Consultant shall perform the Work in compliance with all applicable federal, state and local laws and regulations regarding safety of persons and property and their protection from damage, injury or loss, including applicable Cal-OSHA regulations. Consultant also shall possess and maintain all permits, licenses and certificates that may be required for it to perform the Work. Consultant shall comply with all laws and regulations as required by local, state and federal agencies regarding nondiscrimination including, but not limited to, Title VII of the Civil Right of 1964, the Americans with Disabilities Act, the Age Discrimination Employment Act of 1967, and the California Fair Employment and Housing Act. The Consultant is aware of the District s antiharassment policy and agrees to abide by the policy, practices and procedures set forth and established by the District. 7. Indemnification. Consultant is entitled to all liability defenses, immunities, and indemnities that are allowed by law to public officials appointed as Operator of Record. District shall indemnify, defend, protect, and hold harmless Consultant from and against any and all liability, losses, claims, damages, expenses, demands, and costs (including, but not limited to, attorney, expert witness and consultant fees, and litigation costs) in carrying out the provisions of this Agreement. This indemnification shall not include any claim arising from the sole negligence or willful misconduct of the Consultant or its employees. District s obligations under this indemnification provision shall survive the termination, or completion of Work, under this Agreement. 8. Public Official; Independent Contractor. Page 37
a. By the appointment of Consultant to the District office of Operator of Record, the parties agree that Contractor is intended and deemed to be a public official, entitled to all liability defenses, immunities, and indemnities that are allowed by law to such persons. b. Consultant provides services as an independent contractor, and not as an employee of District. Consultant shall have control over the means, methods, techniques, sequences, and procedures for performing and coordinating the Work required by this Agreement. District shall have the right to control Consultant only insofar as the result of Consultant s services rendered pursuant to this Agreement. If, in the performance of this Agreement, any third parties are employed or contracted by Consultant, such employees or subcontractors shall be entirely and exclusively under the direction, supervision and control of Consultant. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or contract shall be determined by Consultant, and District shall have no right or authority over such persons or the terms of their employment or contract. Therefore, neither Consultant or any third persons employed by or contracted by Consultant to perform services pursuant to this Agreement shall be entitled to workers compensation benefits from District should Consultant or any of its employees or contractors sustain an injury in the course of performing services specified in this Agreement. Furthermore, neither Consultant nor any third persons or contractors employed by Consultant shall be entitled to any other benefits payable to employees of District. Consultant hereby agrees to defend and hold District harmless from any and all claims that may be made against District based on any contention by any third party that an employer/employee relationship exists or that a contractual relationship exists between District and that third party by reason of this Agreement. Consultant represents that it, and its employees and contractors, if applicable, are properly licensed and will remain so during the progress of the Work contemplated by this Agreement. 9. Entire Agreement. This writing and the documents incorporated herein by reference represent the sole, entire, exclusive and integrated contract between the parties concerning the Work, and supersedes all prior oral and/or written negotiations, representations or contracts. Each party to this Agreement acknowledges that no representations or promises have been made by any party hereto which are not embodied herein, and that no other agreement or promise not contained in this Agreement or in the incorporated documents shall be valid or binding. This Agreement may be amended only by a subsequent written contract approved and executed by both parties. 10. Successors and Assignment. This Agreement shall bind and inure to the benefit of the heirs, successors and assigns of the parties; however, Consultant shall not subcontract, assign or transfer this Agreement or any part of it without the prior written consent of District. 11. No Waiver of Rights. Any waiver at any time by either party of its rights as to a breach or default of this Agreement shall not be deemed to be a waiver as to any other breach or default. No payment by District to Consultant shall be considered or construed to be an approval or acceptance of any Work or a waiver of any breach or default. 12. Severability. If any part of this Agreement is held to be void, invalid or unenforceable, then the remaining parts will nevertheless continue in full force and effect. 13. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. 14. Notice. Any notice, invoice or other communication that is required or permitted to be given under this Agreement shall be in writing and either served personally or sent by prepaid, first class U.S. mail addressed as follows: District: Hornbrook CSD Page 38
PO Box 29 Hornbrook, Ca 96044 Attention: Peter Kampa, GM Consultant: Any party may change its address by notifying the other party of the change in the manner provided above. HORNBROOK COMMUNITY SERVICES DISTRICT By: Name Title CONSULTANT By: Name Title Title Page 39
HORNBROOK COMMUN ITY SERVICES DISTRICT DRAFT WATER RULES AND REGULATIONS MISCELLANEOUS FEE SCHEDULE Bulk Usage from Fire Hydrant Type of Service Meter Size - 2 " Meter Size - 1" Meter Rental Charge per Day $5.00 $2.00 Usage per 100 Cubic Foot ($5.00 minimum charge) $5.00 $5.00 Meter Deposit $1,550.00 $500.00 Administration Fee per Rental $35.00 $35.00 Treated Water Meter Set Charge Meter Type Installation of Meter and Valve Only If New Box and Lids are Also Required ¾ inch meter $380.00 $564.00 1 inch meter $510.00 $689.00 1 ½ inch meter $655.00 $821.00 2 inch meter $892.00 $1,058.00 3 & 4 inch meters Actual Cost Actual Cost Service Charge for Privately Owned Fire Protection Systems Based on Meter Size. See Metered charges. Request for Service Location, Temporary Shut Off or Turn On Each time the District is required to locate the customer's service connection or make a temporary shut off or turn on, a service charge may be charged, in accordance with the following provisions, shall be paid by the user. These charges will not apply when there is an emergency request by the customer due to a leak. Service charge with a minimum notice of two (2) full work days and with the location or shutoff to be accomplished between 7:00 a.m. and 4:00 p.m. on a regular day (not including 6-month maximum suspensions). Service charge with less than the required minimum notice and with location or shutoff to be accomplished between 7:00 a.m. and 4:00 p.m. on a regular day. No Charge $50.00 Service charge with the location or shutoff to be accomplished between 4:00 p.m. and 7:00 a.m. Service charge with the location or shutoff on Saturday, Sunday or District Holiday. $130.00 $130.00 Unlawful Acts Charge $150.00 Meter Removal Fee $80.00 Page 40
Delinquency and Impending Service Termination Notice $10.00 48 Hour Service Termination Notice $10.00 Service Reinstatement, Monday Friday prior to 5:00 pm (Lockoff Fee) $50.00 Service Reinstatement, After 5:00 pm or weekends (Lockoff Fee) $150.00 New Account Administration Fee The New Account Administration Fee is a one-time charge to a new connection for water service to be paid at the time of application that covers staff time involving information data input and account management. $240.00 Meter Accuracy Tests Customers requesting meter tests shall be charged $ 50.00 for all tests beyond one test per year. Service Line Charge Actual Cost Security Deposit Amount $ 80.00 Lien Fee $ 15.00 Notary Fee $ 10.00 Page 41