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HomeMy WebLinkAboutAGENDA BACKUP 04-01-99 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 1, 1999 No.: 4. CONSENT CALENDAR h. Date: March 18, 1999 Type of Action: ACCEPT ANNEXATION FOR PROCESSING Subject: AUTHORIZATION FOR P.A. 99-8 (DANVILLE) AND 99-9 (ALAMO) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT Submitted By: Dennis Hall, Associate Engineer REVIEWED AND RECOMMENDED FOR BOARD Initiating Dept./Div. : Engineering Dept./Environmental Services Div. ~L JSM DH Parcel Owners/ Address Lead No. Area Parcel No. & Acreage Remarks Agency 99-8 Danville Randal P. Kesler Existing house with a (9883) 8 Sky Terrace failing septic system; CCCSD Danville, CA 94526 must connect to the 208-110-007 (1.55 AC.) public sewer system. Project is exempt from CEQA. 99-9 Alamo Anne Dorfmus The five petitioned CCCSD (78A7 892 Forest Lane properties have failing 98A1) Alamo, CA 94507 septic systems and 201-082-002 (0.45 AC.) want to connect to the public sewer system. Daniel V. Callahan This District is forming 888 Forest Lane the Forest Lane Alamo, CA 94507 Contractual 201-082-003 (0.52 AC.) Assessment District (CAD 99-1) to finance John J. and Irene D. Marchetti the required public 880 Forest Lane sewer improvements. Alamo, CA 94507 201-082-004 (0.50 AC.) This project is exempt from CEQA. U:\PPr\Auth.PA 99-8 and 99-9PP.wpd Page 1 of 4 POSITION PAPER Date: April 1, 1999 Subject: AUTHORIZATION FOR P.A. 99-8 (DANVILLE) AND 99-9 (ALAMO) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT 99-9 Alamo Marc and Susan Mazer (See previous page for CCCSD (Cont'd) (78A7 887 Forest Lane remarks) 98A1 ) Alamo, CA 94507 201-082-006 (0.52 AC.) Guy and Anne Marie Morgante 893 Forest Lane Alamo, CA 94507 201-082-007 (0.44 AC.) RECOMMENDATION: Authorize P.A. 99-8 and 99-9 to be included in a future formal annexation. U:\PPr\Auth.PA 99-8 and 99-9PP.wpd Page 2 of 4 ,- / , ~:T^~~ !I.~~ "''' i<lt Of .," HIGHLAND CT ~ N , PROPOSED ANNEXATION o , 80 FEET P .A. 99-8 Page 3 of 4 ~. ~ ,-"-... , l :' ,'. 24 "~'\ ~~" \. ,.~ ,I '--"\,-- , '" ~A. '. ~ _ 'l ........ 1_; j '. t.- "\ ::~;~~-~.~~::~;F;' OERNESS " PROPOSED ANNEXATION .~~\'",~: P .A. 99-9 Paqe 4 of 4 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 1, 1 999 No.: 4. CONSENT CALENDAR i. Type of Action: AUTHORIZE CONFERENCE ATTENDANCE Subject: AUTHORIZE THE ATTENDANCE OF TAD J. PILECKI, SENIOR ENGINEER, AND KENT VON ASPERN, SENIOR ENGINEERING ASSISTANT, AT THE CALIFORNIA WATER ENVIRONMENT ASSOCIATION CONFERENCE IN ONTARIO, CALIFORNIA, APRIL 28, 29, AND 30,1999, AT A COST OF $1,400 Submitted By: William E. Brennan, Capital Projects Division Manager Initiating Dept.lDiv. : Engineering Dept./Capital Projects Div. REVIEWED AND RECOajR BOARD ACTION, u;() , WEB B ISSUE: Approval of the Board of Directors is required for unbudgeted tra I when the expense will exceed $500. BACKGROUND: The California Water Environment Association Conference is being held in Ontario, California, on April 28-30, 1999. The conference focuses on all aspects of the wastewater industry and includes extensive manufacturer's exhibits. The technical sessions will cover collection system issues, biosolids, innovative treatment, water reuse, odor control, design build, and bench marking. Tad J. Pilecki, Senior Engineer, and Kent Von Aspern, Senior Engineering Assistant, have been invited to present a paper on the District's recent microtunneling experiences on the South Orinda and Martinez Projects. Tad has worked extensively with microtunneling on the South Orinda Sewer Improvements Project and the Pleasant Hill Relief Interceptor Project. Kent is the designer of the Martinez East Side Trunk Sewer Project. Both Tad and Kent will also be attending other technical presentations and the manufacturer's exhibits. Tad will also be attending the Awards Banquet where the South Orinda Sewer Improvements Project has been nominated for the State Engineering Achievement Award. Participation in this specific conference was not anticipated at the time the training budget was compiled, however, there are adequate funds in the Capital Projects Division's Technical Training, Conference, and Meetings Account to cover the cost of attendance. RECOMMENDATION: Authorize attendance of Tad J. Pilecki, Senior Engineer, and Kent Von Aspern, Senior Engineering Assistant, at the April 28-30, 1999, California Water Environment Association Conference in Ontario, California, at a total cost of $1,400. H :\Design\PP\CWEA-99 Conf. T J P. wpd Page 1 of 1 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 1, 1999 Type of Action: AUTHORIZE SIGNATURE Subject AUTHORIZE THE PRESIDENT OF THE BOARD TO SIGN THE EMPLOYMENT RECRUITMENT AGREEMENT AND INDEMNIFICATION WITH DELTA DIABLO SANITATION DISTRICT No.: 7. HUMAN RESOURCES a. Submitted By. CATHRYN R. FREITAS, HUMAN RESOURCES MANAGER Initiating Dept./Div.: ADMINISTRATIVE/HUMAN RESOURCES REVIEWED AND RECO~NDED FOR BOARD ACTION: Ybf ~ CRF PM ISSUE: Agreements with other agencies require Board approval. BACKGROUND: In November, 1998, Delta Diablo Sanitation District (DDSD), the sewerage agency serving the majority of the population in East Contra Costa County, approached the Human Resources Division staff of Central San about the possibility of CCCSD providing recruitment consulting services to DDSD. DDSD has two staff members to perform Human Resource and Public Information services and they are having a difficult time meeting the demands of their workload. Moreover DDSD, as a District, is attempting to downsize and they are reluctant to hire additional staff for sporadic and infrequent recruitments. As a result they have attempted to use outside recruitment firms, but have had minimal success given DDS D's location, needs and types of vacant skilled and technical positions. Consequently, since CCCSD is familiar with the recruitment sources for the types of jobs in our industry, DDSD inquired as to our availability and willingness to be an entrepreneurial resource for them. Concurrently, as part of the strategic planning process undertaken by the CCCSD Board and staff, the concept of partnering with other agencies in the area received broad support. The proposed collaboration with DDSD is an opportunity for the two Districts to share staff services and for CCCSD to participate in an entrepreneurial activity. The proposed agreement with DDSD is only for a one year period, April 1, 1999-March 31, 2000, and has been discussed by the staffs of the agencies as a pilot project. Costs to DDSD will be calculated on a staff time, overhead and expenses basis. CCCSD retains the right to refuse to undertake a recruitment for any reason. Obviously, the needs of our agency must be met before we are able to assist DDSD. At this time, DDSD is not anticipating any recruitments in the near future and is aware of our current heavy recruitment schedule. 3/19/99 C:\WPDocsldeltadiablo.ppr.wpd Page 1 of 13 POSITION PAPER Board Meeting Date: April 1, 1999 Subject. AUTHORIZE THE PRESIDENT OF THE BOARD TO SIGN THE EMPLOYMENT RECRUITMENT AGREEMENT AND INDEMNIFICATION WITH DELTA DIABLO SANITATION DISTRICT The DDSD Board of Directors has approved the attached agreement as proposed by CCCSD. The office of District Labor Counsel prepared the agreement with review by District Counsel. RECOMMENDATION: Authorize the President of the Board to sign the Employment Recruitment Agreement and Indemnification with Delta Diablo Sanitation District. 3/19/99 C:\WPDocs\deltadiablo.ppr.wpd Page 2 of 13 EMPLOYMENT RECRUITMENT AGREEMENT AND INDEMNIFICATION THIS SERVICE AGREEMENT is entered into by and between Central Contra Costa Sanitary District ("CCCSD") and Delta Diablo Sanitation District ("Delta Diablo") on April I, 1999. RECITALS A. Delta Diablo desires to retain CCCSD to perform certain employment recruitment activities on its behalf, including but not limited to placing advertisements, interviewing, screening, checking references and developing a list of potential candidates for any and all positions, as requested and assigned by Delta Diablo. B. CCCSD desires to provide those services, provided that it can be indemnified and held harmless by Delta Diablo for any potential or contingent liabilities, claims, charges or grievances that could arise out of the provision of such services. AGREEMENT In consideration of the recitals and the promises set forth in this Agreement, the parties agree as follows: 1. Services. During the "Term of Services, II as defined in Section 2, CCCSD agrees, in consultation with Delta Diablo, and on a position-by-position basis, to provide the following services to Delta Diablo to assist it in recruiting and hiring regular, Part- time and temporary employees upon request: creation and placement of advertisements for employment positions with Delta Diablo, screening of applications and applicants, interviewing candidates, providing recommendations for further interview or hiring, and other related services agreed upon between the parties. 1 668437.1 Page 3 of 13 2. Term of Services. The Term of Services shall commence on April!, 1999, and end on March 31, 2000 (the "Termination Date"), unless earlier terminated or extended by the parties pursuant to the Agreement. 3. ~ As consideration for CCCSD's services, Delta Diablo agrees to pay CCCSD an hourly consulting fee (per attached letter dated 1/27/99). Delta Diablo also agrees to reimburse CCCSD for any reasonable out-of-pocket expenses incurred while rendering the Services, including but not limited to advertising fees, postage and delivery fees, long distance or toll telephone charges, photocopying, private investigation expenses, parking and mileage. Unless other arrangements are made, costs incurred by CCCSD shall be itemized and included as part of the fee statement for each position. 4. Termination. The parties may terminate this Agreement and the Services at any time and for any reason, effective upon thirty (30) days advance written notice. If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non-breaching party may terminate this Agreement by giving written notification to the breaching party. Termination under those conditions will take effect immediately on receipt of notice by the breaching party or five days after mailing of notice, whichever occurs first. Delta Diablo agrees to pay all fees and costs incurred by CCCSD up to and including the date of termination, regardless of the reason for termination. CCCSD agrees that all information and work product developed by CCCSD up to and including the date of termination will be provided to Delta Diablo in a timely manner and will be considered the property of Delta Diablo. 5. Relationship of Parties. CCCSD is providing consulting services to Delta Diablo and is a contractor to Delta Diablo for purposes of providing those services only. 2 668437.1 Page 4 of 13 CCCSD shall be an agent of Delta Diablo for purposes of placing advertisements and providing Services, but shall not have the authority to bind Delta Diablo to any contract or agreement without first obtaining approval from the Human Resources Manager or . his/her designee. CCCSD is not an agent of Delta Diablo for any other purpose and shall have no authority to hire, promise to hire, promote, promise to promote, enter into any employment agreement, or make any other promises or decisions concerning regular, part-time or full-time employment of any person at any time. 6. Authority to Assign Employees. CCCSD reserves the right to determine in its sole discretion who will conduct the Services on its behalf. CCCSD shall have the sole right to engage, retain or assign employees, including temporary employees, of its own choosing and as it deems appropriate to provide the Services. 7. Consultation. CCCSD shall make itself available to consult with Delta Diablo, its directors, officers, department heads and employees, at reasonable times concerning matters pertaining to the Services. 8. No Right To Assign A~eement. Notwithstanding the provisions of Section 6 herein, CCCSD agrees not to assign this Agreement without prior written approval of Delta Diablo. . 9. Indemnification. Delta Diablo agrees to indemnify, defend and hold harmless CCCSD and its officers, agents and employees, from and against any and all claims, demands, liability, loss, damage, costs, expenses, recovery or deficiencies, including extracontractual and punitive damages, interest, penalties and attorneys fees and costs, that CCCSD may incur in connection with claims or demands for damages of any nature whatsoever, to the extent they arise from or are caused by any act or omission, 3 668437.1 Page 5 of 13 tortious or otherwise, ofCCCSD, its officers, agents or employees, during the term of this Agreement, excluding acts or omissions that arise from the sole negligence of or intentional conduct by CCCSD or its representatives. This provision specifically includes, but is not limited to, any claims, grievances, actions or causes of action by any applicant, employee or former employee arising out of or relating to any laws, case law, statutes, regulations or wage orders of the United States or any state thereof. 10. Cooperation. Each of the parties agrees to cooperate with the other throughout the term of this Agreement. Delta Diablo agrees to comply with all reasonable requests of CCCSD that CCCSD deems necessary to the performance of its duties under this Agreement. 11. Liability Insurance. Delta Diablo shall maintain an insurance policy with coverage for General Liability, including but not limited to Employment Practices Liability, during the term of this agreement. The policy shall be in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. The policy shall name CCCSD, its officers, directors, employees and agents as additional insured with respect to the work performed under this Agreement. The policy shall be primary and shall not be materially changed or cancelled without thirty (30) days written notice to CCCSD. Delta Diablo may choose to self-insure the above referenced coverage, and will then provide CCCSD with a letter evidencing its decision to self-insure for General Liability, including but not limited to Employment Practices Liability. 12. Dispute Resolution Process. In the event of an unresolved dispute between CCCSD and Delta Diablo relating to any of the obligations that may arise from the Agreement as set forth herein, the parties agree that it will be submitted to mediation 4 668437.1 Page 6 of 13 upon written request by either of the parties. The cost of the mediation, including mediator, court reporter, and related fees, will be shared equally by the parties. 13. Section Headings. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. 14. Inte1P"ation. This Agreement embodies the entire agreement and understanding between the parties relative to the subject matter hereof, and supersedes all prior agreements and understandings relating to the relationship described herein. 15. Binding Effect. Except as otherwise provided to the contrary, this Agreement shall be binding and inure to the benefit of the parties and their respective successors, assigns and personal representatives; provided, however, that neither party may assign its rights or obligations without prior written consent of the other party. 16. Severability. The invalidity or partial invalidity of any portion of this Agreement shall not invalidate the remainder of it, and that remainder shall remain in full force and effect. 17. Notices. All notices, requests and other communications shall be given in writing and deemed to have been duly given or served if personally delivered, or sent by first class mail to the party at the address as provided below, or to such other address as each party may hereafter designate by written notice to the other party: a. Cathryn Freitas Human Resources Manager Central Contra Costa Sanitary District 50191mhotTPlace Martinez, CA 94553 5 668437.1 Page 7 of 13 b. Michael Robles-Wong Personnel and Information Officer Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, California 94509 18. Modifications. This Agreement shall not be modified or amended except by written instrument signed by the parties. Dated: Board President, Central Contra Costa Sanitary District Acknowledged By: Dated: Secretary , Central Contra Costa Sanitary District Dated: March 10. 1999 Acknowledged By: Dated: March 10. 1999 ftlA,) tLe,~ ? ~ Secretary, Delta Diablo Sanitation District 6 668437.1 Page 8 of 13 Central Contra Costa Sanitary District 5019 Imhoff Place, Martinez, Ca 94553 (925) 228-9500 . www.centralsan.org January 27, 1999 RECEIVED BY DfLTA DrARla FAX: (925) 676-7211 JAN 2 8 J9fE ROGERJ. DOlAN G6n~ral Maruzgcr Chief Engineer Mr. Michael Robles-Wong Human Resources, Manager Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509 PERSONNEl D[PT KENTON L AIM Counsel for 1M District (925) 938-1430 JOYCE E. MURPHY SecT'f!mry of the District Dear Mike: Enclosed is an Employment Recruitment Agreement and Indemnification for your review. Our labor counsel drafted the agreement and is willing to work with us on achieving a contract that provides the services you desire and still protects Central San legally. I assume both of our agencies are concerned about the costs associated with recruitments. Attached to this letter is a list of sample recruitment activities that Central San may perform for a recruitment. The activities vary depending on the type of position, the number of applications requested and received, the amount of advertising ordered, and the tests administered. It is my suggestion that we would develop a written document of tasks prepared for your signature prior to starting any recruitment for you and you would determine the level of involvement you would want from your office. Of course, the amount of activity affects the price of the recruitment; therefore, I think it would be best if your agency was charged an hourly fee rather than a consulting fee per position. Simply stated, some recruitments take more staff time than others and your office may want to participate to greater or lesser degrees to reduce the cost. This billing method should be cheaper for your agency. The current rate structure for regular staff through April 30, 1999, including salaries, benefits and administrative overhead, would be as follows: Human Resources Manager Cathryn Freitas=$79.34 per hour Human Resources Analyst Darlene Ross=$59.31 per hour Human Resources Assistant Judy Rivers=$47.85 per hour I would not expect that much of my time would be billed to your District; however, I would provide general staff direction and management as required. Also, it should be noted that Central San Human Resources staff will receive a minimum of a three percent cost-of-living salary increase in April, 1999 in accordance with the formula outlined in the Memoranda of Understanding with our bargaining units. Our rates would need to be adjusted to reflect the Page 9 of 13 C:\WPOocs\dettadiablo.cntrct. wpd @ Recycled Paper . . additional salary increases effective May 1, 1999. Our benefit costs will change effective July 1, 1999; however, I am not proposing to adjust our billing rates to your agency to reflect those increased costs during the life of this agreement. Please contact me with any questions or concerns at 229-7308. In order for the Central San Board to consider the agreement at their first meeting in March, I will need to have it back by February 22,1999. I look forward to working with you. Sincerely, Cathryn R. Freitas Human Resources Manager enclosure cc: P. Causey D. Clovis R. Dolan P. Morsen c:\WPOocs~eltadiablo.cntrct.wpd Page 10 of 13 SAMPLE RECRUITMENT ACTIVITIES Human Resources Analyst Darlene Ross would charge her time at $59.31 per hour through April 17, 1999 for any of the following typical activities. I. Develop recruitment plan and schedule II. Review job classification for accuracy; update if necessary (including conducting interviews) III. Consult with hiring department representatives, HR representatives IV. Develop and produce recruitment flyer/brochure V. Develop and produce supplemental questionnaire (if applicable) VI. Obtain appropriate mailing lists VII. Develop and produce advertisements VIII. Research potential advertising sources (professional organizations, journals, etc.) IX. Place advertisements (newspapers, journals, web sites, newsletters, etc.) X. Screen applications; contact applicants with any questions XI. Review and order standard examinations or develop written examinations (if applicable) XII. Validate written examination materials with incumbents, as required XIII. Proctor/conduct any written examination (if applicable) XIV. Create statistical analysis and pass point for examinations XV. Develop and administer skill tests (if applicable) XVI. Develop multiple letters XVII. Develop oral interview questions and in-basket exercise, if utilized 1 Page 11 of 13 XVIII. Obtain oral panel raters from own and/or other agencies XIX. Prepare and send rater packets, consult with raters XX. Schedule oral interviews and place necessary phone calls XXI. Administer oral interview process (includes briefing raters, department representatives, proctor intervie.ws, note taking, lunch with raters, and debriefing) XXII. Consult with applicants, candidates; answer questions, provide instructions XXIII. Supervise other duties as necessary Human Resources Assistant Judy Rivers would charge her time at $47.85 per hour through April 17, 1999 for any of the following typical activities: I. Prepare job flyer for printing II. Order recruitment materials III. Prepare recruitment packets for applicants IV. Prepare bulk mailing to local agencies and any additional mailing lists (e.g., professional organization mail lists, etc.) V. Preparing and administering hotline and TOO message VI. Creating mailing labels from messages retrieved from hotline and TOO VII. Consult with interested applicants, answer questions, give directions VIII. Review applications for completeness and enter into applicant database IX. Copy applications for screening review process X. Create and mail multiple letters in response to applicants, etc. (at each stage of process) XI. Proctor/conduct written and/or skill examinations XII. Score written examinations 2 Page 12 of 13 XIII. Set up interview room and materials for oral panel interviews XIV. Copy applications and prepare rater books Xv. Greet raters, candidates at oral interview XVI. Conduct in-basket examination, if utilized XVII. Prepare eligibility list XVIII. Update data base for candidate status XIX. Prepare statistical reports from data base XX. Organize and close file XXI. Assist or assume Analyst's duties, as necessary Typical expenses associated with recruitment and selection process: Advertising Graphics and reprographics costs associated with flyers, brochures, ads, applications, etc. Copying costs (applications for review, oral rater books, etc.) Room rental if required for written examination Standardized examination rental costs, if utilized Office supplies as needed (folders, binders, pads, pencils, etc.) Lunch, snacks and beverage costs for raters Airfare, hotel and rental car for applicants (if desired by DDSD) 3 Page 13 of 13 - . Delta Diablo Sanitation District OFFICE AND TREATMENT PLANT: 2500 PITTS BURG-ANTIOCH HIGHWAY, ANTIOCH, CA 94509-1373 TELEPHONE: (925) 778-4040 ADMIN. FAX: (925) 778-8513 ENG. FAX: (925) 706-7156 MAINT. FAX: (925) 778-8565 March 16, 1999 Cathryn Freitas Human Resources Director Central Contra Costa Sanitary District 5019 Imhoff Place Martinez CA 94553 SUBJECT: EMPLOYMENT RECRUITMENT AGREEMENT AND INDEMNIFICA nON Dear Cathryn: At its March 10, 1999 meeting, the Delta Diablo Sanitation District Board of Directors approved the execution of the Employment Recruitment Agreement with Central San. Attached are a copy ofthe approved Board action item, and two duplicate original Agreements, signed by the Board Chair, and Board Secretary, Delta Diablo Sanitation District. Please have these Agreements signed by the Board President, and Secretary, Central Contra Costa Sanitary District, return one fully executed duplicate original to my attention, and keep one original for your files. If you have any questions, please call me at (925) 778-4040 ext. 208. Thank you. Sincerely, Dtm'p- be ~4- Denise Demo Egbert Assistant to the General Manager Attachments (3) cc: Chron file District file \\melvin\users\ddegbert\Data\General Correspondence\031699 CCCSD Recruitment Agmt xmittalltr.doc ITEM E/8 &,,~@W~~ March 10, 1999 AUTHORIZE THE GENERAL MANAGER/DISTRICT ENGINEER TO EXECUTE EMPLOYMENT RECRUITMENT AGREEMENT, CENTRAL CONTRA COSTA SANITARY DISTRICT We have recently recognized that due to the press of upcoming labor negotiations, committee work pursuant to labor agreements signed last year, a~ well as other personnel related projects associated with the District becoming more competitive, certain of the normal workload performed by Personnel was at risk for getting completed within normal levels of expectation. In response to this temporary situation, a strategy for engaging in a partnership with sister agencies emerged as a partial solution to the circumstance. To this end, we have completed discussions with the staff of the Central Contra Costa Sanitary District (CCCSD) and are pleased to report that they are willing to provide our District temporary support for the outside recruitment of future vacancies for approximately 1 year. Delta Diablo Sanitation District (DDS D) will retain selection and offer of employment discretion. CCCSD staff will be paid on an hourly basis to conduct recruitment, testing, and notification activities in cooperation with DDSD personnel. Comparison of CCCSD staff wages are competitive to that of our own compensation. District Counsel has reviewed the Agreement for conformity . RECOMMENDATION Authorize the General Manager/District Engineer to execute the Employment Recruitment Agreement and Indemnification with Central Contra Costa Sanitary District. Signature: Attachment: Employment Recruitment Agreement and Indemnification cc: District File Personnel Dept. Source of Funding Budget Availability Current Budget Amount ~ General Fund (060) Capital Asset (099) Capital Asset Replacement (089) Expansion (049) Discovery Bay (194) ~ Project No. Funds Already Budgeted x Budget Amendment New Appropriation . Other $10,000 Expenditures to Date $0 t:\ddsd\district board\current\approve cccsd recruitment agmt.doc Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway, Antioch, CA94509, (925) 778-4040, Admin. Fax: (925) 778-8513, Eng. Fax: (925) 706-7156, Maint. Fax: (925) 778-8565 EMPLOYMENTRECRIDTMENTAGREEMENT AND INDEMNIFICATION THIS SERVICE AGREEMENT is entered into by and between Central Contra Costa Sanitary District ("CCCSD") and Delta Diablo Sanitation District ("Delta Diablo") on April 1, 1999. RECITALS A. Delta Diablo desires to retain CCCSD to perform certain employment recruitment activities on its behalf, including but not limited to placing advertisements, interviewing, screening, checking references and developing a list of potential candidates for any and all positions, as requested and assigned by Delta Diablo. B. CCCSD desires to provide those services, provided that it can be indemnified and held harmless by Delta Diablo for any potential or contingent liabilities, claims, charges or grievances that could arise out of the provision of such services. AGREEMENT In consideration of the recitals and the promises set forth in this Agreement, the parties agree as follows: 1. Services. During the "Term of Services," as defined in Section 2, CCCSD agrees, in consultation with Delta Diablo, and on a position-by-position basis, to provide the following services to Delta Diablo to assist it m recruiting and hiring regular, part- time and temporary employees upon request: creation and placement of advertisements for employment positions with Delta Diablo, screening of applications and applicants, interviewing candidates, providing recommendations for further interview or hiring, and other related services agreed upon between the parties. 1 668437.1 2. Term of Services. The Term of Services shall commence on April 1, 1999, and end on March 31, 2000 (the "Termination Date"), unless earlier terminated or extended by the parties pursuant to the Agreement. 3. ~ As consideration for CCCSD's services, Delta Diablo agrees to pay CCCSD an hourly consulting fee (per attached letter dated 1/27/99). Delta Diablo also agrees to reimburse CCCSD for any reasonable out-of-pocket expenses incurred while rendering the Services, including but not limited to advertising fees, postage and delivery fees, long distance or toll telephone charges, photocopying, private investigation expenses, parking and mileage. Unless other arrangements are made, costs incurred by CCCSD shall be itemized and included as part of the fee statement for each position. 4.' Termination. The parties may terminate this Agreement and the Services at any time and for any reason, effective upon thirty (30) days advance written notice. If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non-breaching party may terminate this Agreement by giving written notification to the breaching party. Termination under those conditions will take effect immediately on receipt of notice by the breaching party or five days after mailing of notice, whichever occurs first. Delta Diablo agrees to pay all fees and costs incurred by CCCSD up to and including the date of termination, regardless of the reason for termination. CCCSD agrees that all information and work product developed by CCCSD up to and including the date oftermination will be provided to Delta Diablo in a timely manner and will be considered the property of Delta Diablo. 5. Relationship of Parties. CCCSD is providing consulting services to Delta Diablo and is a contractor to Delta Diablo for purposes of providing those services only. 2 668437.1 CCCSD shall be an agent of Delta Diablo for purposes of placing advertisements and providing Services, but shall not have the authority to bind Delta Diablo to any contract or agreement without first obtaining approval from the Human Resources Manager or hislher designee. CCCSD is not an agent of Delta Diablo for any other purpose and shall have no authority to hire, promise to hire, promote, promise to promote, enter into any employment agreement, or make any other promises or decisions concerning regular, part-time or full-time employment of any person at any time. 6. Authority to Assign Employees. CCCSD reserves the right to determine in its sole discretion who will conduct the Services on its behalf. CCCSD shall have the sole right to engage, retain or assign employees, including temporary employees, of its own choosing and as it deems appropriate to provide the Services. 7. Consultation. CCCSD shall make itself available to consult with Delta Diablo, its directors, officers, department heads and employees, at reasonable times concerning matters pertaining to the Services. 8. No Ri~t To Assign Agreement. Notwithstanding the provisions of Section 6 herein, CCCSD agrees not to assign this Agreement without prior written approval of Delta Diablo. 9. Indemnification. Delta Diablo agrees to indemnify, defend and hold harmless CCCSD and its officers, agents and employees, from and against any and all claims, demands, liability, loss, damage, costs, expenses, recovery or deficiencies, including extracontractual and punitive damages, interest, penalties and attorneys fees and costs, that CCCSD may incur in connection with claims or demands for damages of any nature whatsoever, to the extent they arise from or are caused by any act or omission, 3 668437.1 tortious or otherwise, ofCCCSD, its officers, agents or employees, during the term of this Agreement, excluding acts or omissions that arise from the sole negligence of or intentional conduct by CCCSD or its representatives. This provision specifically includes, but is not limited to, any claims, grievances, actions or causes of action by any applicant, employee or former employee arising out of or relating to any laws, case law, statutes, regulations or wage orders of the United States or any state thereof. 10. Cooperation. Each of the parties agrees to cooperate with the other throughout the term ofthis Agreement. Delta Diablo agrees to comply with all reasonable requests of CCCSD that CCCSD deems necessary to the performance of its duties under this Agreement. 11. Liability Insurance. Delta Diablo shall maintain an insurance policy with coverage for General Liability, including but not limited to Employment Practices Liability, during the term of this agreement. The policy shall be in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. The policy shall name CCCSD, its officers, directors, employees and agents as additional insured with respect to the work performed under this Agreement. The policy shall be primary and shall not be materially changed or cancelled without thirty (30) days written notice to CCCSD. Delta Diablo may choose to self-insure the above referenced coverage, and will then provide CCCSD with a letter evidencing its decision to self-insure for General Liability, including but not limited to Employment Practices Liability. 12. Dispute Resolution Process. In the event of an unresolved dispute between CCCSD and Delta Diablo relating to any of the obligations that may arise from the Agreement as set forth herein, the parties agree that it will be submitted to mediation 4 668437.1 upon written request by either of the parties. The cost of the mediation, including mediator, court reporter, and related fees, will be shared equally by the parties. 13. Section Headings. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. 14. Integration. This Agreement embodies the entire agreement and understanding between the parties relative to the subject matter hereof, and supersedes all prior agreements and understandings relating to the relationship described herein. 15. Binding Effect. Except as otherwise provided to the contrary, this Agreement shall be binding and inure to the benefit ofthe parties and their respective successors, assigns and personal representatives; provided, however, that neither party may assign its rights or obligations without prior written consent of the other party. 16. Severability. The invalidity or partial invalidity of any portion of this Agreement shall not invalidate the remainder of it, and that remainder shall remain in full force and effect. 17. Notices. All notices, requests and other communications shall be given in writing and deemed to have been duly given or served if personally delivered, or sent by first class mail to the party at the address as provided below" or to such other address as . each party may hereafter designate by written notice to the other party: a. Cathryn Freitas Human Resources Manager Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 5 668437.1 b. Michael Robles-Wong Personnel and Information Officer Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, California 94509 18. Modifications. This Agreement shall not be modified or amended except by written instrument signed by the parties. Dated: 4/; Iff I ! ~~~/k/( Central Contra Costa Sanitary District Acknowledged By: Dated: ~ It /9Cf / I SJ1CL{~C Cen I Contra Costa Sanitary District Dated: March 10. 1999 Acknowledged By: Dated: March 10. 1999 fI1 41/7 !4L_ f4~. Secretary, Delta Diablo Sanitation District 6 668437.1 -, . # . . . Central Contra Costa Sanitary District Mr. Michael Robles-Wong Human Resources Manager Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, CA 94509 r F RECEIVED BY DElTA DIABlO JAN 2 8 1999 PERSONNEl DEPT .... L AX: (925) 676-7211 January 27, 1999 ROGERJ. OOLAN General M<JNJger ChiefEnginHr KENTON L AIM Cowudfor the District (925) 938-1430 JOYCE E. MURPHY !kcr.fQry of the District Dear Mike: Endosed is an Employment Recruitment Agreement and Indemnification for your review. Our labor counsel drafted the agreement and is willing to work with us on achieving a contract that provides the services you desire and still protects Central San legally. I assume both of our agencies are concerned about the costs associated with recruitments. Attached to this letter is a list of sample recruitment activities that Central San may perform for a recruitment The activities vary depending on the type of position, the number of applications requested and received, the amount of advertising ordered, and the tests administered. It is my suggestion that we would develop a written document of tasks prepared for your signature prior to starting any recruitment for you and you would determine the level of involvement you would want from your office. Of course, the amount of activity affects the price of the recruitment; therefore, I think it would be best if your agency was charged an hourly fee rather than a consulting fee per position. Simply stated, some recruitments take more staff time than others and your office may want to participate to greater or lesser degrees to reduce the cost. This billing method should be cheaper for your agency. The current rate structure for regular staff through April 30, 1999, including salaries, benefits and administrative overhead, would be as follows: Human Resources Manager Cathryn Freitas=$79.34 per hour Human Resources Analyst Darlene Ross=$59.31 per hour Human Resources Assistant Judy Rivers=$47.85 per hour I would not expect that much of my time would be billed to your District; however, I would provide general staff direction and management as required. Also, it should be noted that Central San Human Resources staff will receive a minimum of a three percent cost-of-Iiving salary increase in April, 1999 in accordance with the formula outlined in the Memoranda of Understanding with our bargaining units. Our rates would need to be adjusted to reflect the C:\WPDocs\deltadiablo.cnlrct.wpd @ Recycled Paper . _,_____,,_,_____~_M___._._,____~.~__._~__._"___~'_,._"". ~--.~-._..--..".__.,_.._._.----.-'-"-----~+~.-.--.,,-. ,',. .,. additional salary increases effective May 1, 1999. Our benefit costs will change effective July 1, 1999; however, I am not proposing to adjust our billing rates to your agency to reflect those increased costs during the life of this agreement. Please contact me with any questions or concerns at 229-7308. In order for the Central San Board to consider the agreement at their first meeting in March, I will need to have it back by February 22,1999. I look forward to working with you. Sincerely, Cathryn R. Freitas Human Resources Manager enclosure cc: P. Causey D. Clovis R. Dolan P. Morsen C:\WPDocs~eltadiablo.cntrct.wpd .' . SAMPLE RECRUITMENT ACTIVITIES Human Resources Analyst Darlene Ross would charge her time at $59.31 per hour through April 17, 1999 for any of the following typical activities. I. Develop recruitment plan and schedule II. Review job classification for accuracy; update if necessary (including conducting interviews) III. Consult with hiring department representatives, HR representatives IV. Develop and produce recruitment flyer/brochure V. Develop and produce supplemental questionnaire (if applicable) VI. Obtain appropriate mailing lists VII. Develop and produce advertisements VIII. Research potential advertising sources (professional organizations, journals, etc.) IX. Place advertisements (newspapers, journals, web sites, newsletters, etc.) X. Screen applications; contact applicants with any questions XI. Review and order standard examinations or develop written examinations (if applicable) XII. Validate written examination materials with incumbents, as required XIII. Proctor/conduct any written examination (if applicable) XIV. Create statistical analysis and pass point for examinations XV. Develop and administer skill tests (if applicable) XVI. Develop multiple letters XVII. Develop oral interview questions and in-basket exercise, if utilized 1 XVIII. Obtain oral panel raters from own and/or other agencies XIX. Prepare and send rater packets, consult with raters XX. Schedule oral interviews and place necessary phone calls XXI. Administer oral interview process (includes briefing raters, department representatives, proctor intervie.ws, note taking, lunch with raters, and debriefing) XXII. Consult with applicants, candidates; answer questions, provide instructions XXIII. Supervise other duties as necessary Human Resources Assistant Judy Rivers would charge her time at $47.85 per hour through April 17, 1999 for any of the following typical activities: I. Prepare job flyer for printing II. Order recruitment materials III. Prepare recruitment packets for applicants IV. Prepare bulk mailing to local agencies and any additional mailing lists (e.g., professional organization mail lists, etc.) V. Preparing and administering hotline and TOO message VI. Creating mailing'labels from messages retrieved from hotline and TOO VII. Consult with interested applicants, answer questions, give directions VIII. Review applications for completeness and enter into applicant database IX. Copy applications for screening review process X. Create and mail multiple letters in response to applicants, etc. (at each stage of process) XI. Proctor/conduct written and/or skill examinations XII. Score written examinations 2 . .' XIII. Set up interview room and materials for oral panel interviews XlV. Copy applications and prepare rater books XV. Greet raters, candidates at oral interview XVI. Conduct in-basket examination, if utilized XVII. Prepare eligibility list XVIII. Update data base for candidate status XIX. Prepare statistical reports from data base XX. Organize and close file XXI. Assist or assume Analyst's duties, as necessary Typical expenses associated with recruitment and selection process: Advertising Graphics and reprographics costs associated with flyers, brochures, ads, applications, etc. Copying costs (applications for review, oral rater books, etc.) Room rental if required for written examination Standardized examination rental costs, if utilized Office supplies as needed (folders, binders, pads, pencils, etc.) Lunch, snacks and beverage costs for raters Airfare, hotel and rental car for applicants (if desired by DDS D) 3 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 1, 1 999 Type of Action: RECEIVE BUDGET No.: 7 . HUMNAN RESOURCES b. Subject: RECEIVE AND CONSIDER PERSONNEL REQUESTS FISCAL YEAR 1999-2000 Submitted By: Initiating Dept./Div. : Cathyrn Freitas, Human Resources Administrative/Human Resources Manager REVIEWED AND RECOM~ FOR BOARD ACTION: ~~ CRF PM 7 ISSUE: Staff has analyzed its personnel needs for Fiscal Year 1999-2000 and' submitting its requests for Board consideration at the April 1, 1999, Board Meeting. Board approval is scheduled for the May 6, 1999, Board Meeting. BACKGROUND: Each department has reviewed its staffing requirements for Fiscal Year 1999-2000. The Personnel Budget includes departmental overviews providing summary information, a philosophical overview prepared by the General Manager Charles Batts, request justification pages with detailed explanations on the effect of these recommended staffing changes, organizational charts reflecting current staffing and proposed changes, and new job classification descriptions. The attached summary sheet highlights the effect of each department's staffing requests on the number of total authorized positions in the District and the reduced cost in salaries and benefits. As shown in the summary, the total number of authorized regular positions in the District will decrease by one part-time position from last year. Ten Co-op student positions are requested this year which is two fewer than last year. The salaries and wages in the 1999-2000 0 & M Departmental Budgets will increase from the previous year due to the anticipated cost-of-Iiving salary adjustments and any merit and longevity increases scheduled in 1999-2000. The departmental requests for positions are as follows: Administrative 1. Create and add a Network Technician (G-59, $3311-$4006) and adopt the job classification description. 3/25/99 H:\BUDGET\Budget 99-pp.wpd Page 1 of 6 POSITION PAPER Board Meeting Date: April 1, 1 999 Subject: RECEIVE AND CONSIDER PERSONNEL REQUESTS FISCAL YEAR 1999-2000 Plant Operations * 2. Add one Plant Operator III (G-65, $3815-$4623). Delete two Plant Operator 1/II's (G-59, $3311-$4006; G-62, $3558-$4305). 3. Add two Mechanical Supervisors (S-71,$4424-$5353). Delete one Mechanical Maintenance Supervisor (S-71, $4424-$5353) and one Machine Shop Supervisor (S-71, $4424-$5353). Reclassify Mr. Rick Smith, Mechanical Maintenance Supervisor, to Mechanical Supervisor. 4. Add one Electrician/Electrical Technician (G-65, $3815-$4623; G-69, $4202-$5080). Delete one Instrument Technician (G-69, $4202-$5080), * Based on input from the Board Personnel Committee, staff is developing a proposal to be submitted as a position paper for the Board to consider at a future meeting which wi/I delete one Pumping Station Supervisor and one Pumping Station Operator 1/11 and add two Pumping Station Operator 11/ positions. The proposed changes will be revenue neutral. Staff is in the process of creating a new job classification description for the Pumping Station Operator 11/ position and establishing a salary range. Collection System Operations 5. Delete one Operations Support Supervisor (S-71, $4424-$5353). 6. Add one part-time Vehicle and Equipment Service Worker (G-45, $2382- $2872). Engineering 7. Create and add two Engineering Assistant 1/II's (G-60, $3388-$4101; G-65, $3815-$4623). Adopt the job classification description. Delete two Permit and Services Technicians (G-64, $3731-$4513). Reclassify Ms. Molly Mullin and Ms. Donita Hohenstein, Permit Services Technicians, to Engineering Assistant II's. 3/25/99 H:\BUDGET\Budget 99-pp.wpd Page 2 of 6 POSITION PAPER Board Meeting Date: April 1. 1999 Subject: RECEIVE AND CONSIDER PERSONNEL REQUESTS FISCAL YEAR 1999-2000 8. Create and add one Senior Engineering Assistant (G-72, $4513-$5464). Delete one Engineering Assistant (G-69, $4202-$5080), Reclassify Mr. R. Wayne Griffiths, Engineering Assistant, to Senior Engineering Assistant. 9. Create and add one Supervising Engineering Assistant (S-72, $4534- $5489), Adopt the job classification description. Delete one Real Property Specialist (G-69, $4202-$5080). 10. Create and add four Engineering Assistant Ill's (G-69, $4202-$5080). Adopt the job classification description. Delete four Construction Inspector positions (G-67, $4006-$4847). Reclassify Messrs. Kim Best, Glen Descans, and Don Cast, Construction Inspectors, to Engineering Assistant Ill's. 11. Create and add five Engineering Assistant Ill's (G-69, $4202-$5080). Adopt the job classification description. Delete five Engineering Assistants (G-69, $4202-$5080). Reclassify Messrs. Dave Baldi, Kevin Collins, Rick Hernandez, and Harry Vaile, and Ms. Lesley Klein, Engineering Assistants, to Engineering Assistant Ill's. Secretary of the District None Co-op 12. Authorize the hiring of students to fill ten positions in the Co-op program. MISCELLANEOUS CLASS DESCRIPTIONS: Changes to job classification descriptions require Board approval. In the budget under the Classification Descriptions tab, staff has updated various job classification descriptions and deleted one job classification description for non-compliance with the State law pertaining to affirmative action. Deletions to the job classification descriptions are denoted by strikeouts and additions are found in bold print. 3/25/99 H:\BUDGET\Budget 99-pp.wpd Page 3 of 6 POSITION PAPER Board Meeting Data: April 1, 1999 Subject: RECEIVE AND CONSIDER PERSONNEL REQUESTS FISCAL YEAR 1999-2000 MEET AND CONFER: The staff will meet and confer with the official bargaining units on the budget prior to Board adoption. RECOMMENDATION: Receive and consider the Personnel Budget for Fiscal Year 1999-2000 herein identified by items 1 - 12. The Personnel Budget will be submitted for final approval at the May 6, 1999, Board Meeting. 3/25/99 H:\BUDGET\Budget 99-pp.wpd Page 4 of 6 0 ra1 C> N Z H H ~ fzl 0 ~ II: E-4 ~ fJ) ~ ~ ~ = C4 rLl 0 I ~ 0 U = < ~ ~ 0 0 rLl 0 (\I ~ ~ 0\ 0\ ~ 0\ ..... ~ ~ ~ 0 rLl = ~ ~ , - III III ^ ^ Ql ~ 0 0 r-- f'1 .... .... 0 10 0 \D ~ .... en en r-- \D III CD , , , , I .... d r-- en N r-- 0 III Ql 10 \D r-- ..-i I f1) IQ (I). 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Q ~~ Po 0 U l'zl -rl Cl)Q Page 5 of 6 ^ M 0\ o \0 \0 CI) V ." N .., ." N 10 r-- .., ." N o .... N .... .... as ~ o E-l 10 10 10 l' N . . 0\ en qo qo .... ..-i 10 10 N N 0 0 0 .. N 0\ 0\ 0\ ..-i 0\ 0\ 0\ ..-i en 0\'0 0\ Ql ..-i~ III O'tQl ~g. .... Ql ....11:: III ell !:: ~ 0'1 o CI) !:: Ill.... .... >O~~'O'I-f ~ 0 .... Ql 'I-f as .... III N III ; ~ 0.... ~ .... Po ~ CI) III 0 Cl)Or-l.c'O Poell~Ql ~ ~::3N U'OO~'''' .... Ql .... \.l 1ol~~r-10 ~ Ql -rl ell .c 1IIr-1'O~~ ....Ql'OO::3 QQ~E-i~ PERSONNEL BUDGET OVERVIEW Budget Philosophy The budget philosophy is based on past Board input, Strategic Planning workshops, and current management practices. The budget philosophy focuses on the following four areas: . Contain costs Be competitive Avoid rate increase Reduce unneeded positions Reduce overtime Improve efficiency . Create flexibility Review single function positions Broaden job classification descriptions Provide cross-training Maintain expertise Flatten organization . Provide adequate staffing level Ensure compliance Safe, reliable operations Customer service issues Anticipate future needs . Maintain "Public" support Maintain "Public" focus Communicate with stakeholders Page 6 of 6 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 1, 1 999 Type of Action: HUMAN RESOURCES No.: 7. HUMAN RESOURCES c. Subject: AUTHORIZATION TO HIRE SEASONAL EMPLOYEES Submitted By: Cathryn Freitas, Human Resources Manager REVIEWED AND RECOM~ FOR BOARD ACTION: (J~ ~ CRF PM Initiating Dept./Div. : Administrative/Human Resources ISSUE: District staff has assessed its needs for seasonal employees in 199 .., BACKGROUND: Each year, the District hires students during the summer months for seasonal maintenance, vacation relief, cleanup, and special projects; and during the school year or semester breaks for additional assistance. Authorization was given for thirty- seven student positions last year. Approval is requested for thirty-two seasonal positions in Fiscal Year 1999-2000. Salaries for seasonal employees have not been modified since 1990. Consequently, the Board at its February 4, 1999, meeting, authorized increasing the hourly rates for seasonal employees as follows: Student Positions Clerical, Laborer (No experience necessary) Technical (Drafting) Professional (Chemist, Engineer) ProDosed Salary. $10.00 $11.50 $13.50 * For every year a student returns, add $1.00 per hour to a maximum of three additional summers: For example, a student laborer who has worked here for the past two summers would receive $12.00 per hour this summer. The extra dollar an hour recognizes the experience and serves as an incentive for returning students. The approximate cost of this action will be $250,640 from departmental 0 & M Budgets. 3/25/99 H:\BUDGET\Summer 99-pp.wpd Page 1 of 3 POSITION PAPER Board Meeting Date: April 1, 1999 Subject: AUTHORIZATION TO HIRE SEASONAL EMPLOYEES A summary of the requests for seasonal employees is attached. Department Managers will be prepared to answer any questions regarding the following requests: Administrative The Administrative Department is requesting five summer student positions in 1999-2000. The positions are located in Materials Control for inventory and vacation relief, Building Maintenance for vacation relief and general maintenance, Communication Services for technical support, MIS for project-related work, and Safety for office emergency preparedness and Plant project work. Collection System Operations The Collection System Operations Department is requesting nine summer student positions--six laborers, one Network Support Assistant, and two clericals. This is four less laborer positions and one less clerical position than last year's request. The laborer positions will work on field crews to supplement staffing during vacation periods and to expand the number of construction crews for repair work in easements. The two clerical positions are for vacation relief and to assist with special projects. The Network Support Assistant will assist in maintaining and upgrading computer workstations. Plant Operations The Plant Operations Department is requesting one less position than last year; therefore, this year's request is for fourteen students. Six of the summer student laborer positions will provide coverage for the vacant regular position in Buildings and Grounds and will aid in the Aeration and Nitrification Tank Project, and do seasonal maintenance. The Plant is also requesting one relief position in the Laboratory, one drafter, two laborers in the Pumping Stations, three Shop Assistants, and one laborer to assist the maintenance staff. Engineering The Engineering Department requests authorization to hire two engineering assistant summer student positions. This is one less position than last year's request. One of the engineering assistants will be assigned to work on pollution prevention for the Source Control Section and the other will be assigned to the District's Planning Section and will work on nitrification studies and wet weather capacity evaluations. 3/25/99 H:\BUDGET\Summer 99-pp.wpd Page 2 of 3 POSITION PAPER Board Meeting Date: April 1, 1 999 Subject: AUTHORIZATION TO HIRE SEASONAL EMPLOYEES The Secretary of the District The Secretary of the District is requesting one student to assist with records management and one student for the Clerical Support Section to help with large projects, switchboard backup, and vacation relief. This is the same number of positions requested last year. RECOMMENDATION: Authorize the hiring of thirty-two students for seasonal employment which is five students less than last year. 3/25/99 H:\BUDGET\Summer 99-pp.wpd Page 3 of 3 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 1, 1999 No.: 10. BUDGET AND FINANCE a. Type of Action: APPROVE EQUIPMENT BUDGET Subject: APPROVE THE 1999-2000 EQUIPMENT BUDGET FOR INCLUSION IN THE 1999- 2000 DISTRICT BUDGET Submitted By: Debbie Ratcliff, Controller Initiating Dept./Div. : Administrative/Finance & Accounting n REVIEWED AND RECDM~ED FOR BOARD ACTION, ~~. D PM ISSUE: The District's 1999-2000 Equipment Budget is submitted for approv I. BACKGROUND: The 1999-2000 Equipment Budget was submitted for review at a Board Capital Projects Committee Meeting/Board Workshop on March 12, 1999 and is scheduled for approval by the Board on April 1, 1999. The Committee did not suggest any changes to the submitted Equipment Budget. The approved 1999-2000 Equipment Budget will be scheduled for adoption with the 1999-2000 Personnel, Operations and Maintenance, Self-Insurance Fund, and Capital Improvement Budgets at the June 17, 1999 Board Meeting. RECOMMENDATION: Approve the 1999-2000 Equipment Budget for inclusion in the 1999-2000 District Budget to be adopted at the June 17, 1999 Board Meeting. 3/24/99 S :\ADMIN\POSP APER\EquipBudgApproval. wpd Page 1 of 1 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 1, 1 999 No.: 10. BUDGET AND FINANCE b. Type of Action: RECEIVE ANNUAL REPORT Subject: RECEIVE THE 1998 ANNUAL REPORT OF THE DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE Submitted By: Debbie Ratcliff, Controller REVIEWED AND RECOM~ED FOR BOARD ACTION, ~~ ~ DR PM ISSUE: The Deferred Compensation Plan Advisory Committee (Committee) submits its 1998 Annual Report. BACKGROUND: The Board of Directors approved the establishment of the Committee in January 1982. The scope of activities of the Committee includes: · Establishing internal administrative procedures · Educating participants regarding the Plan · Reviewing emergency withdrawal requests · Reviewing investment performance of the Plan · Submission of an annual report to the Board of Directors and Plan participants The Committee is made up of the following Departmental representatives: Debbie Ratcliff, Controller - Chairperson David Rolley, Accounting Technician III - Administrative Dennis Hall, Associate Engineer - Engineering Ron Galloway, Maintenance Crew leader - Collection System Operations Bill McEachen, Assistant Control Systems Engineer - Plant Operations At the Board Meeting of October 15, 1998, the 1997 Annual Report of the Deferred Compensation Plan Advisory Committee was submitted. This Annual Report had been revised to reflect only 1997 calendar year financial results as opposed to the fiscal year. At that time, staff proposed that in the future, the Annual Report would continue to be reported on a calendar year basis. The board authorized this change in format. Therefore, the current Annual Report reflects the financial results for calendar year 1998. RECOMMENDATION: Receive the Annual Report of the Deferred Compensation Plan Advisory Committee for 1998 and provide any comments to staff. 3/17/99 5 :\ADMIN\POSP APER\annrpt.pp. wpd Page 1 of 9 -~-<._-_.__._--.__._,._._._,..._."-_.._._--_..._.,_.~.,,------~--, -,._--_._~- Central Contra Costa Sanitary District DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE ANNUAL REPORT JANUARY 1998 - DECEMBER 1998 The Deferred Compensation Plan Advisory Committee (the Committee) was established by the Board of Directors to facilitate the internal administration of the District's Deferred Compensation Plan. The scope of the Committee's activities encompass the following: · Establish internal District administrative procedures within the provisions of the Deferred Compensation Plan document. · Educate participants regarding the Plan provisions by issuing a handbook which summarizes the Deferred Compensation Plan and responding to questions from participants. · Review accountability by the Program Administrators, Hartford Life Insurance Company (Hartford), Washington Mutual Bank (Washington Mutual), and ICMA Retirement Corporation (ICMA) and respond to participants' queries regarding accuracy or propriety of account balances. · Review participants' requests for emergency withdrawal of funds and make recommendations for acceptance or denial to Board of Directors. · Review investment performance of the Deferred Compensation Plan on an annual basis. During the period January 1998 through December 1998, the Committee addressed all of the activities included in its scope of responsibilities through the conscientious efforts of all of the Committee members. The performance of Hartford, Washington Mutual, and ICMA in administering the Deferred Compensation Plan during the 1998 report period is considered to be satisfactory. The performance results of the Hartford, Washington Mutual, and ICMA stock and bond investments for the calendar year 1998 follow. S :\ADMIN\RA TCLlFF\DEFCOMP\ANNUAL.RPT Page 2 of 9 Please note the following when reviewing Plan results: · Dow Jones Industrial Average is the most commonly followed index of the U.S. stock market. It is comprised of 30 corporations spanning many different industries. It is price weighted meaning that a $2 change in a $100 per share stock will have a greater affect than a $2 change in a $20 per share stock. Measuring the Dow Jones Industrial Average is used to gauge the direction of the stock market. · Standard & Poors 500 is an index which measures broad-based changes in stock market conditions based on the average performance of 500 widely held common stocks. · Lehman Brothers Bond Index, an unmanaged list of U.S. Treasury/Agency and investment grade corporate debt securities, is used as a general measure of performance of fixed income securities. · T-Bill is the common name for a U.S. Treasury bill and is a short-term (with a maturity of up to one year) discounted government security. · Stock indices named through out this report include reinvestment of dividend and interest income. · All rate of return performance results are net of annual asset-based fees, which include fund manager fees, marketing fees, and administrative fees. S :\ADMIN\RA TClIFF\DEFCOMP\ANNUAL.RPT Page 3 of 9 CCCSD Deferred Comp Llistribution BY ADMINISTRATOR AND INVESTMENT TYPE % ICMA 457 ICMA 401A HARTFORD TOTAL 66.6% $10,530,653 $10,241,061 $2,021,457 $7,659,797 $30,452,968 3.0% 671,039 187,822 15,045 479,618 1,353,524 30.4% 2,362,166 4,618,336 362,754 6.574,776 13,918,032 100.0% $13,563,858 $15,047,219 $2,399,256 $14,714,191 $45,724,524 CCCSD Deferred Comp Distribution BY ADMINISTRATOR December 31,1998 HARTFORD $14,714,191 32.2% WASHINGTON MUTUAL $13,563,858 29.7% ICMA 401A $2,399,256 5.2% ICMA 457 $15,047,219 32.9% I_WASHINGTON MUTUAL _ICMA457 OlCMA401A o HARTFORD I CCCSD Deferred Comp Distribution BY INVESTMENT TYPE December 31, 1998 SAVINGS $13,918,032 30.4% STOCK $30,452,968 66.6% BONDS $1,353,524 3.0% I-STOCK -SONDS o SAVINGS I Page 4 of 9 CCCSD Deferred Comp Stocks and Mutual Funds Calendar Year Ended December 31,1998 Rate of Return (%) Market Indices Standard & Poors 500 Dow Jones Industrial Average 28.80% 18.13% Washington Mutual Vanguard US Growth* Janus Fund 20th Century Ultra Fund Fidelity Magellan Fund* Growth Fund of America Fidelity Contrafund Dreyfus Third Century Fund Vanguard Institutional Index Fidelity Growth & Income Fund* Janus Worldwide Fund Vanguard Primecap* Investment Company of America American Washington Mutual Fidelity Puritan Fund* Vanguard Windsor 11* EuroPacific Growth Fund Fidelity Equity Income Fund Vanguard Wellington Fund* Kemper-Dreman High Return Equity A Income Fund of America Neuberger & Berman Partners Trust Franklin Mutual Beacon Fund I Kaufmann Fund PBHG Growth Fund Templeton Foreign Fund I DFA US 9-10 Small Company Portfolio 39.71% 38.50% 34.16% 33.34% 31.41% 31.15% 29.80% 28.36% 28.02% 25.51% 25.15% 22.48% 19.00% 16.30% 16.07% 15.21% 12.18% 11 .77% 11.64% 9.15% 5.84% 1.72% 0.42% 0.30% -5.16% -7.59% Info only: (Existing balances will remain in the phased-out funds until moved by the participant.) 20th Century Growth Fund* Fidelity Retirement Growth Fund* 20th Century Select Fund* 20th Century Balance Fund* Fidelity Overseas Fund* Vanguard Wellesley Fund* 36.48% 35.60% 35.36% 16.00% 12.55% 11.55% * Returns were obtained from the fund manager, less .29% Washington Mutual administration fee Page 5 of 9 CCCSD Deferred Comp Stocks and Mutual Funds Calendar Year Ended December 31, 1998 Rate of Return (%) Market Indices Standard & Poors 500 Dow Jones Industrial Average 28.80% 18.13% JCMA Fidelity Blue Chip American Century Ultra Fidelity Magellan Fund Fidelity Contra Fund 500 Stock Index Fund Fidelity Growth & Income Fund Putnam Voyager Gabelli Value Broad Market Index Fund Asset Allocation Fund Growth Stock Fund Overseas Equity Index Fund Fidelity Puritan Fund Equity Income Fund Neuberger & Berman Aggressive Opportunities Fund Vanguard Wellington Fund Mid/Small Company Index Fund International Fund American Century Value Lindner Dividend Growth & Income Fund** MFS Mass Investors Growth Stock** 33.70% 33.60% 32.50% 30.50% 27.40% 27.20% 23.20% 22.30% 22.00% 21.80% 19.20% 19.10% 15.60% 15.40% 13.90% 10.90% 10.90% 6.70% 4.40% 4.10% -5.00% N/A N/A ** Fund inception October 1998. Page 6 of 9 CCCSD Deferred Camp Stocks and Mutual Funds Calendar Year Ended December 31,1998 Rate of Return (%) Market Indices Standard & Poors 500 Dow Jones Industrial Average 28.80% 18.13% Hartford Janus Twenty American Century 20th Century Ultra Hartford Stock Fidelity Advisor Growth & Income Hartford Index American Century Income & Growth Janus Worldwide Hartford Advisers Fidelity Advisor Growth Opportunities Putnam Vista Hartford Dividend and Growth Calvert Social Balanced Putnam International New Opportunities Fidelity Advisor Balanced Hartford Capital Appreciation Hartford International Opportunities Scudder Growth & Income American Century Value Skyline Small Cap Value Plus 71.93% 33.39% 32.38% 29.34% 26.92% 26.64% 24.80% 23.54% 23.06% 18.52% 15.38% 15.18% 14.91% 14.59% 14.44% 12.15% 5.18% 4.10% -7.45% Page 7 of 9 CCCSD Deferred Comp Bond Performance Market Indices I Lehman Brothers Bond Index 8.70% Washington Mutual Vanguard Bond Market Index Bond Fund of America Kemper High Yield Fund A 8.27% 4.32% 0.99% JCMA I Core Bond Fund 7.80% Hartford Hartford Bond Hartford Mortgage Securities Putnam High Yield Advantage 7.18% 5.76% -10.29% Page 8 of 9 CCCSD Deferred Comp Saving Performance Market Indices I 90 Day T -Bill 4.44% Washington Mutual Stable Value Fund 5 YR CDs 3 YR CDs Liquid Savings 5.93% 4.97% 4.89% 4.33% lC.MA U.S. Treasury Securities Fund Plus Fund (401A) Plus Fund (457) Cash Management Fund 9.10% 5.93% 5.93% 4.60% Hartford I Savings HV A Money Market 5.95% 4.33% Page 9 of 9 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 1, 1999 No.: 10. BUDGET AND FINANCE c. Type of Action: REVIEW SELF-INSURANCE FUND BUDGET FOR FISCAL YEAR 1999-2000 Subject: REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF-INSURANCE FUND AND APPROVE THE ALLOCATION OF $150,000 TO THE FUND FROM THE 1999-2000 O&M BU DG ET Submitted By: Initiating Dept./Div. : David J. Clovis, Safety & Risk Manager Administrative/Safety & Risk Management REVIEWED AND RECOMMENDED FOR BOARD ACTION: DJC Nt!- ISSUE: The Self-Insurance Fund (SIF) is to be reviewed each year by the Board of Directors with the staff presenting funding recommendations for the upcoming fiscal year. BACKGROUND: The District has self-insured most of its liability and some of its property risks since July 1, 1986, when the Board approved the establishment of the Self- Insurance Fund. The SIF has effectively funded District losses over its twelve year history and it remains financially sound. In 1994, a new Government Accounting Standards Board Statement No.1 0 (GASB-1 0) set forth requirements on how public agencies must fund their self-insured risks. To assure compliance with GASB-1 0, the District restructured the SIF into three sub-funds. Each of the three (3) sub-funds were established for funding specific risks: . SUB-FUND A: GASB-10 Actuarially-based risks. These include general liability and automobile liability risks. Under the requirements of GASB-1 0, risks that could be actuarially studied must be funded based on an actuarial study which must be done every two years. General liability and automobile liability are readily studied throughout the insurance and self-insurance world to determine funding levels for these liabilities. The District last obtained an actuarial review of its self-insured general liability and automobile liability in 1996 which projected losses for these risks. The actuarial estimate of $675,000 was designated as Actuarial Reserve for liability of these risks and Sub-Fund A was established to insure these risks based on the District's having a $10,000,000 excess liability policy with a $500,000 self- insured retention. Budget planning for the 1999-2000 fiscal year has resulted in an allocation of $675,000 to Sub-Fund A. 3/24/99 C:\My Documents\sifpp99.wpd Page 1 of 7 POSITION PAPER Board Meeting Date: April 15, 1999 Subject: REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF-INSURANCE FUND AND APPROVE THE ALLOCATION OF $150,000 TO THE FUND FROM THE 1999-2000 O&M BUDGET An actuarial study is currently in progress to meet the requirements of GASB-1 O. The final allocation of funds in Sub-Fund A may be adjusted prior to the final budget adoption to comply with the standard. . SUB-FUND B: GASB-10 Non-actuarially-based risks. These include employment related and pollution related risks. GASB-10 requires that all potential risks, including employment related and pollution related, be adequately and soundly funded even though these risks are not actuarially reviewed. An actuarial study was not required for these risks since losses for employment related and pollution related risks are often predicted with less accuracy because these types of cases occur infrequently but may result in extremely high costs and losses. With guidance from risk management and insurance specialists, the District established Sub-Fund B at $2,450,000 to fund employment related and pollution related risks based on the purchase of the above mentioned excess liability insurance policy. The liability policies provide limited coverage in the areas pollution and employment related risks. A further review by staff indicated that allocating $2,450,000 to Sub-Fund B in fiscal year 1999-2000 is appropriate. . SUB-FUND C: Non-GASB-10 risks. This Sub-Fund covers risk management program insurance premiums, potential losses from uninsurable risks, and the costs of initiating claims and lawsuits against others who have damaged the District. The District established this Sub-Fund to finance non-GASB-10 risks under our risk management program. Specific costs include: insurance premiums for a $10,000,000 excess liability policy; and insurance premiums for insuring District properties for fire, explosion, water damage, etc. for losses above $500,000. This Sub-Fund should be maintained at a level to support these defined costs as well as to cover the required $250,000 property damage self-insured retention and provide adequate funds to replenish Sub-Fund A or B and was initially established at a level above $2,000,000. Sub-Fund C is projected to be at a level of $1,893,352 ending June 30, 1999 and $1,566,852 ending June 30, 2000. Exhibit I (attached) presents a recent financial history and projection of the SIF and shows that the total reserves are projected at $5,018,352 ending June 30, 1999. This is a decrease of $350,160 over the total SIF reserves of $5,368,512 at the beginning of the 1998-1999 budget year. 3/24/99 C:\My Documents\sifpp99.wpd Page 2 of 7 POSITION PAPER Board Meeting Date: April 15, 1999 Subject: REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF-INSURANCE FUND AND APPROVE THE ALLOCATION OF $150,000 TO THE FUND FROM THE 1999-2000 O&M BUDGET During 1998-1999, the District experienced settlements of a long term case and a large overflow loss. The costs of these cases resulted in major charges against both Sub-Fund A and Sub-Fund C of the SIF and required the transfer of funds out of Sub-Fund C to reestablish the funding requirements of Sub-Fund A. Since several major lawsuits have been resolved, a more normal loss experience is expected in the upcoming year as reflected in the 1999-2000 budget. The 1999-2000 SIF budget estimates total revenues of $430,000 and total expenses of $756,500, which will bring the projected 1999-2000 total SIF to $4,691,852 on June 30, 2000. The budgeted revenues include a recommended allocation of $150,000 from the 1999-2000 O&M budget to the SIF. The $150,000 allocation would help maintain the SIF at a funding level as directed and approved by the Board in the 1998-1999 fiscal year budget process. Budgeted revenues do not include any recovery from prior insurance coverages but only interest earned on the fund. In summary, the funding reserves for the SIF, as established by GASB-1 0 is the sum of Sub-Fund A and Sub-Fund B which totals $3,125,000, as well as Sub-Fund C of $1,566,852, to achieve the total SIF of $4,691,852 on June 30, 2000. Therefore, in keeping with the Board's direction last year, staff recommends that $150,000 be allocated from the O&M budget to maintain the SIF at its current level and provide prudent reserves for funding District losses. RECOMMENDATION: Review the financial history and projection for the Self-Insurance Fund and approve the allocation of $150,000 from the 1999-2000 O&M budget. 3/24/99 C:\My Documents\sifpp99.wpd Page 3 of 7 Exhibit I CENTRAL CONTRA COSTA SANITARY DISTRICT SELF-INSURANCE FUND (SIF) July 1, 1995, Ending June 30, 2000 Actual Actual Actual Projected Budget 1995-1996 1996-1997 1997-1998 1998-1999 1999-2000 Revenues SIF Allocation from O&M Fund $ 150,000 $ 0 $ 100,000 $ 100,000 $ 150,000 Subrogation Recovery 266,670 1,055,413 1,292,231 30,000 0 Franchise Fee 188,175 0 0 0 0 CCCSWA Acme Lit. Payments 79,911 319,644 186,459 0 0 Interest Income 262,363 258,712 343,074 299,340 280,000 Total Gross Revenues $947,119 $1,633,769 $1,921,764 $429,340 $430,000 Less Payment to CCCSWA (586,014) (1) Total Net Revenues $1,335,750 Expenses Claims Adjusting 7,969 0 0 2,000 5,000 Insurance Consulting 0 0 0 3,500 7,500 Loss Payments 100,827 1,173,325 74,677 375,000 175,000 Legal Services 455,372 476,344 230,086 75,000 150,000 Technical Services 77,438 180,233 22,332 25,000 75,000 Insurance Premiums 273,943 288,895 355,554 299,000 344,000 Total Expenses 915,549 2,118,797 682,649 779,500 756,500 (2) Revenues Over Expenses $31,570 ($485,028) $653,101 ($350,160) ($326,500) Reserves Beginning of Year 5,156,643 5,188,213 4,703,185 5,368,512 5,018,352 Revenues Over Expenses 31,570 (485,028) 665,327 (350,160) (326,500) End of Year $5,188,213 $4,703,185 $5,368,512 $5,018,352 $4,691,852 Uncommitted Reserves 4,514,728 0 0 0 0 Actuarial Reserves - GASB 10 (Fund A) 673,485 675,000 675,000 675,000 675,000 Non-Actuarial Reserves - GASB 10 (Fund B) 2,450,000 2,450,000 2,450,000 2,450,000 Non-GASB 10 Reserves (Fund C) 1,578,185 2,243,512 1,893,352 1,566,852 Total Reserves $5,188,213 $4,703,185 $5,368,512 $5,018,352 $4,691,852 Footnote (1): Per Board direction, $586,014 was paid to CCCSWA on 2/27/98, the total amount received from 95-96 forward. Additionally, a payment was also made on 2/27/98 to CCCSWA in the amount of $419,458 to refund surplus funds held in the Acme Legal Impound Fund. Total Payments to CCCSWA were $1,005,472. Footnote (2): Total Expenses Budgeted for 1999/2000 is $756,500 Page 4 of 7 SELF-INSURANCE FUND Projected Actual 1998-1999 SUB-FUND A: GASB-10 ACTUARIALL Y BASED RISKS GENERAL LIABILITY AND AUTOMOBILE LIABILITY Actuarial Reserves-GASB 10: $675,000 Revenues O&M $0 Recovery $0 Interest $38,116 TOTAL REVENUES $38,116 EXDenses Losses $165,000 Legal $12,000 Technical $15,500 TOTAL EXPENSES $192,500 Revenues over eXDenses -$154,384 Reserves: Transfer from Sub-Fund C $154,384 TOTAL RESERVES PROJECTED 7/1/99 $675,000 Exhibit II Page 5 of 7 SELF-INSURANCE FUND Projected Actual 1998-1999 SUB-FUND B: GASB-10 NON-ACTUARIALL Y BASED RISKS EMPLOYMENT RELATED AND POLLUTION RISKS Beainnina Reserves $2,450,000 Revenues O&M $0 Recovery $0 Interest $155,385 TOTAL REVENUES $155,385 Expenses Losses $0 Legal $37,500 Technical $0 TOTAL EXPENSES $37,500 Revenues over expenses $117,885 Reserves: Transfer to Sub-Fund C $117,885 TOTAL RESERVES PROJECTED 7/1/99 $2,450,000 Exhibit III Page 6 of 7 SELF-INSURANCE FUND Projected Actual 1998-1999 SUB-FUND C: NON GASB-10 RISKS RISK MANAGEMENT PROGRAM INSURANCE PREMIUMS AND COSTS OF INITIATING CLAIMS/LAWSUITS AGAINST OTHERS BeainninQ Reserves $2,243,512 Revenues O&M $100,000 Recovery $30,000 Interest $105,839 TOTAL REVENUES $235,839 EXDenses Excess Liability $175,000 Property $124,000 Losses $210,000 Legal $25,500 Technical $9,500 Claimsllnsurance Consulting $5,500 TOTAL EXPENSES $549,500 Revenues over eXDenses -$313,661 Reserves: Transfer to Sub Fund A -$154,384 Transfer from Sub Fund B $117,885 TOTAL RESERVES PROJECTED 7/1/99 $1,893,352 Exhibit IV Page 7 of 7 Expense 1998-99 vs 1999-00 fn ... co - - o C $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 . Losses . Adj,/Consult . Legal o Tech Servo o Insurance . Total Costs 1998/99 $375,000 $5,500 $75,000 $25,000 $299,000 $779,500 1999/00 $175,000 $12,500 $150,000 $75,000 $344,000 $756,500 o o o 00/66 en en a:: I- 66/B6 ~ en 0 >- 0 B6/ L6 >- w 0 0 - L6/96 ...I z 0 <C a.. a:: 96/96 ::) tn 0 o 0 Z 0 0 o 0 - 0 0 o 0 - - - - 0 0 o 0 0000 ~r')N~ [i]