HomeMy WebLinkAboutBUDGET & FINANCE AGENDA 11-01-10 •
Central Contra Costa Sanitary District
Protecting public health and the environment 5019 Imhoff Place, Martinez, CA 94553-4392
REGULAR MEETING OF THE
CENTRAL CONTRA COSTA BOARD OFDIRECTORS:
dOCNAEL R. ,I1CG /LL
SANITARY DISTRICT President
BUDGET AND FINANCE COMMITTEE BARBARA D.HO
President Pro ro Tem Tem
GERALD R. LUCEY
MARIO A. NE/E M. JfENE
Chair Nejedly DLY
JAMES DLY
Member Hockett PHONE: (925)228 -9500
• FAX: (925) 676 -72/1
• Monday, November 1, 2010 www.centralsan.org
3:00 p.m.
Executive Conference Room •
5019 Imhoff Place
• Martinez, California
INFORMATION FOR THE PUBLIC
ADDRESSING THE COMMITTEE ON AN ITEM ON THE AGENDA
Anyone wishing to address the Committee on an item listed on the agenda will be heard when the
Committee Chair calls for comments from the audience. The Chair may specify the number of minutes
each person will be permitted to speak based on the number of persons wishing to speak and the time
available. After the public has commented, the item is closed to further public comment and brought to the
Committee for discussion. There is no further comment permitted from the audience unless invited by the
Committee.
ADDRESSING THE COMMITTEE ON AN ITEM NOT ON THE AGENDA
In accordance with state law, the Committee is prohibited from discussing items not calendared on the
agenda. You may address the Committee on any items not listed on the agenda, and which are within their
jurisdiction, under PUBLIC COMMENTS. Matters brought up which are not on the agenda may be
referred to staff for action or calendared on a future agenda.
AGENDA REPORTS
Supporting materials on Committee agenda items are available for public review at the Reception Desk,
5019 Imhoff Place, Martinez. Reports or information relating to agenda items distributed within 72 hours
of the meeting to a majority of the Committee are also available for public inspection at the Reception
Desk. During the meeting, information and supporting materials are available in the Conference Room.
AMERICANS WITH DISABILITIES ACT
In accordance with the Americans With Disabilities Act and state law, it is the policy of the Central Contra
Costa Sanitary District to offer its public meetings in a manner that is readily accessible to everyone,
including those with disabilities. If you are disabled and require special 'accommodations to participate,
please contact the Secretary of the District at least 48 hours in advance of the meeting at (925) 229 -7303.
Budget and Finance Committee
November 1, 2010
Page 2
1. Call Meeting to Order
2. Public Comments
3. Old Business .
4. Claims Management
*a. Review new and outstanding claims
*b. Status report on Wilkinson claim
*5. Review Position Paper regarding District Counsel contract renewal (Item 7.b. in
Board Binder)
*6. Discussion of employee events
7. Reports and Announcements
*a. Report on HighMark Capital's fees charged and investments used for the
GASB 45 Trust
*b. Report on uniform contract
c. Report on homeless near District property (Item 6.a.4) in Board Binder)
8. Review Expenditures (Item 3.a. in Board Binder)
*a. Review P -Card expenditures
9. Review September 2010 Financial Statements and Investment Reports
(Item 3.b. in Board Binder)
10. Adjournment
* Attachment
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Central Contra Costa Sanitary District
October 28, 2010
TO: Budget and Finance Committee
VIA: Randall Musgraves, Director of Administration ,Q/
FROM: Shari Deutsch, Safety & Risk Management Administrator (�
SUBJECT: Update on Wilkinson Claim
At the October 21, 2010 meeting the Board voted to deny a claim submitted by Rob
Wilkinson for damages to his vehicle that resulted from driving over a sunken area of
pavement in front of a manhole on Mayhew Way. Staff recommended the claim be
denied because the manhole was not a part of the sewer system. This determination
was based on three considerations.
First, the manhole was not shown on the District system map. Second, while the
manhole cover was engraved with "CCCSD ", it is not uncommon for non - District
manholes to have such covers. Since other agencies use the District's standard
specifications for other underground piping projects, there have been circumstances
where manhole covers with our name have been placed on manholes owned and
maintained by other agencies. Third, CSO staff visually inspected the manhole and saw
a large diameter pipe with no flow in the line. Since this is not a normal condition for our
pipes, they determined that it was not part of our system. Based on these three
considerations, staff recommended denial of the claim.
However, while following up on related matters, Engineering staff indicated that the
manhole could be part of the sewer system. They researched old project files and
found that two manholes were installed to bridge a section of sewer pipe on Mayhew
Way that was cut out to accommodate installation of a storm drain running
perpendicular to our line. Since CSO staff determined that the line was not ours from a
visual inspection, they went out with Engineering staff to recheck the line. During this
second inspection they found a recessed gate in the line that blocked the flow.
Engineering staff have since updated the system maps to show the two additional
manholes.
Safety and Risk Management staff was promptly advised that the manhole was part of
the sewer system so the claim denial could be reconsidered. Staff then contacted the
claimant and advised him that the District would pay his claim of $981.35. No denial
letter was sent to the claimant. The claimant signed a release and received a check this
week.
.014" Central Contra Costa Sanitary District
B= _
BOARD OF DIRECTORS S
POSITION PAPER
Board Meeting Date: November 4, 2010
Subject: CONSIDER RENEWAL OF CONTRACT FOR LEGAL SERVICES WITH
KENTON L. ALM AND MEYERS, NAVE, RIBACK, SILVER & WILSON FOR THE
PERIOD FROM OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2012 AND
AUTHORIZE THE BOARD PRESIDENT TO EXECUTE THE CONTRACT
Submitted By: Initiating Dept ✓Div.:
RANDALL M. MUSGRAVES ADMINISTRATION
DIRECTOR OF ADMINISTRATION
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
. graves James M/ elly,
General anager
ISSUE: The contract renewal for legal services with Kenton L. Alm and Meyers, Nave,
Riback, Silver & Wilson requires approval by the Board of Directors. The term of the
contract is for two years (October 1, 2010 through September 30, 2012).
RECOMMENDATION: Approve the contract with Kenton L. Alm and Meyers, Nave,
Riback, Silver & Wilson for legal services and authorize the Board President to execute
the contract.
FINANCIAL IMPACTS: The negotiated rates represent a cost -of- living increase for Mr.
Alm over the current rate structure for each of the two years of the agreement.
ALTERNATIVES /CONSIDERATIONS: The Board could elect not to renew the contract
for legal services, although this is not recommended.
BACKGROUND: The District has been receiving general legal services and Counsel
for the District services from Mr. Kenton L. Alm since 1985 by a contractual
arrangement. The term of the contract renewal is for two years (October 1, 2010
through September 30, 2012) and is on the same schedule as the performance review.
The District's current contract with Kenton L. Alm and Meyers, Nave, Riback, Silver &
Wilson for legal services expired September 30, 2010. The proposed contract renewal
is very similar to the current contract. Hourly rates are modified to reflect increased
costs for service. Meyers Nave voluntarily waived CPI increases provided for under the
existing contract that would have been due in July 2009 and 2010. A small hourly rate
increase for the Senior Principal, Mr. Alm, is reflected in the contract.. Other hourly
rates either had a small CPI increase or remain the same based upon Meyers, Nave,
Riback, Silver & Wilson rates.
The Blended Rate is used for calculating the charges for the specified retainer services
and will not be increased for the first year of the contract. The Blended Rate represents
POSITION PAPER
Board Meeting Date: November 4, 2010
Subject. CONSIDER RENEWAL OF CONTRACT FOR LEGAL SERVICES WITH
KENTON L. ALM AND MEYERS, NAVE, RIBACK, SILVER & WILSON FOR THE
PERIOD FROM OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2012 AND
AUTHORIZE THE BOARD PRESIDENT TO EXECUTE THE CONTRACT
a 5% to 10% discount to the projected averaging of rates for the attorneys most
commonly providing District legal services.
A CPI increase equivalent to that provided to CCCSD employees is requested by
Meyers Nave for the second year of the contract.
RECOMMENDED BOARD ACTION: Approve the contract with Kenton L. Alm and
Meyers, Nave, Riback, Silver & Wilson for legal services and authorize the Board
President to execute the contract.
555 12th Street, Suite 1500 Kenton L. Alm
Oakland, California 94607 Attorney at Law
tel 510.808.20 kalmt@meyersnave.com
fax 510.444.1108
• www.meyersnave.com
meyers nave
October 29, 2010
Via Electronic Mail
Michael McGill, Board President
• Honorable Board Members
Central Contra Costa Sanitary District
5019 Imhoff Place • •
Martinez, CA 94553
Re: Engagement of Legal Services
Dear Board Members:
Thank you for retaining Meyers, Nave, Riback, Silver & Wilson ( "Meyers Nave ") to perform
legal services in connection with the Central Contra Costa Sanitary District ( "CCCSD or the
District ") of which you are the Board President. We appreciate the opportunity to serve as • •
your lawyers and look forward to working with you.
This letter sets forth our agreement concerning the legal services we will provide and our fee •
arrangements for those services.
•
1. Scope of Engagement. We will provide legal services as required by law and as
directed by the District, and will attend meetings of the Board Directors, Agenda Review,
Risk Management and other staffed and Board Committee meetings on an as needed basis.
We will provide the legal services reasonably required to represent and advise the District in
connection with public-law, environmental matters, administrative matters, public works
construction and such other matters as would be subject of general counsel services. To the
extent it is requested by the District, we will provide on -site District Counsel Services for
• one -half day per week (four hours per week) pursuant to an agreed upon schedule. We will
also provide legal services for additional matters, including litigation, which you request of
us, provided we agree to perform that work. Any litigation services or special assignment to '
be provided by Meyers Nave shall be pursuant to the terms of this agreement, unless a
written document modifies the terms of this agreement for such litigation assignments.
2. Term of Agreement. Meyers Nave shall serve as the District Counsel and provide
such legal services from October 1, 2010 through September 30, 2012 in accord with the
hourly rates and retainer fees and definitions set forth in Attachment 1. This agreement may
be extended by unilateral action of the District for an additional two years, or annually for
•
•
A PROFESSIONAL LAW CORPORATION OAKLAND L05 ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
Michael McGill, Board President
October 29, 2010
Page 2
MO additional years, following September 30, 2012 at the hourly rates and retention fees set
forth within Attachment 1.
3. Fees and Personnel. As compensation for our services, our fees will be based on
our current billing rate for the personnel performing services under this agreement at the
time such services are rendered for hourly work and services for retainer work shall be as
specified. Billing rates for attorneys and paralegals hourly and for retainer work, are set forth
in Attachment 1.
Kenton L. Alm will be the principal in charge of representing your interests as District
Counsel. If other attorneys and /or paralegals are assigned to work on your matter, the then
current hourly rates of those individuals will be utilized for assignments not covered by the
retention. This agreement retains the legal services of our law firm. The hourly rates and •
retainer fees are subject to change, during the term of this agreement as set forth in
Attachment 1.
4. Basis for Fees. Any adjustment to the fees set forth in Attachment 1 must be •
agreed to in writing by the District and Meyers Nave. While the hourly rates are the most
important factor we use in determining fees for legal services, the amount we actually charge
•
may be adjusted to reflect a variety of these factors, including any unusual time constraints
or other special demands imposed by the engagement, the novelty or complexity of the •
issues raised, efficiencies achieved by us, the amounts involved and the results obtained.
5. Disbursements and Expenses. In addition to hourly fees, we may incur out -of-
pocket expenses related to your representation. Our Statement of Fee and Billing
Information, which sets forth the details of our disbursement and expense policy, is attached
(Attachment 2).
6. Billing and Payment Responsibilities. We will send monthly statements which
are due within 30 days of receipt. If you have any questions about an invoice, please
promptly telephone or write me so that we may discuss these matters. Our Statement of Fee
and Billing Information sets forth the details of our fee and billing policy.
7. Termination of Services. You may terminate our services at any time by giving 60
days written notice. After receiving such notice, we will be providing such services as
directed and otherwise cease providing services. We will cooperate with you in the orderly
transfer of all related files and records to your new counsel.
We may terminate our services at any time with your consent or for good cause on 90 days
written notice. Good cause exists if (a) any statement is not paid within 60 days of its date;
(b) you fail to meet any other obligation under this agreement and continue in that failure for
15 days after we send written notice to you; (c) you have misrepresented or failed to disclose
material facts to us, refused to cooperate with us, refused to follow our advice on a material
matter, or otherwise made our representation unreasonably difficult; or (d) any other
A PROFESSIONAL LAW CORPORATION OAKLAND L05 ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
•
Michael McGill, Board President
October 29, 2010
Page 3
circumstance exists in which ethical rules of the legal profession mandate or permit
termination, including situations where a conflict of interest arising. If we terminate our
services, you agree to execute a substitution of attorneys promptly and otherwise cooperate
in effecting that termination.
'Termination of our services, whether by you or by us, will not relieve the obligation to pay
for services rendered and costs incurred before our services formally ceased.
8. Insurance. During the term of this engagement, this law firm shall take out and
maintain general liability and property damage insurance in the amount of $1,000,000;
professional errors and omissions insurance, in an amount of $2,000,000 per occurrence; and
$4,000,000 aggregate, which insurance may not be canceled or reduced in required limits of
liability unless at least ten days advance written notice be given to you.
Automobile insurance coverage will be provided by Meyers Nave through its general liability
coverage or by the individual members of Meyers Nave pursuant to their.personal
automobile policies, and such coverage shall be at levels acceptable to the District.
9. Indemnification. Neither the District nor Meyers Nave shall be required to
indemnify the other party to this Agreement as specifically set forth herein. Nothing in this
Agreement, with the exception of the specific terms of this paragraph, is intended to limit or
.alter the rights of each party against the other party as such rights may exist under the laws
of the State of California.
When, and only when the District requests Meyers Nave to retain the services of a
consultant on behalf of the District, then the District agrees to indemnify and hold harmless
the Meyers Nave, its agents and employees, for any expense, loss, or damage, including
attorneys' fees, to which the Meyers Nave may be subjected arising from any suit or claim,
which suit or claim arises out of Meyers, Nave engaging said consultant's services on behalf
of the District.
10. Confidential Relationship. All dealings of the parties under this Agreement shall
be confidential and no report, data, information, or communication developed, prepared, or
assembled by District Counsel under this Agreement shall be revealed, disseminated, or
made available by Meyers Nave to any person or organization other than the District
without the prior knowledge and concurrence of the District. This confidentiality provision
shall not extend to documents which are subject to public review under the California Public
Records Act (Government Code Section 6250, et seq.)
11. Exempt Employee Status. Pursuant to Chapter 2.16.020 of the District Code,
District Counsel shall act as attorney for the District in all matters affecting the affairs and
administration of the District, except in those matters where special counsel are from time to
time retained for specific responsibilities. The District will not be required to pay
Workmen's Compensation benefits for Counsel or any firm member of Meyers Nave.
A PROFESSIONAL LAW CORPORATION OAKLAND L05 ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
Michael McGill, Board President
October 29, 2010
Page 4
12. Joint Representation. Our film maintains of counsel agreements with certain legal
specialists. Because these individuals are deemed independent contractors under the
applicable provisions of the tax laws and not employees of the firm, it is necessary that you
consent to dual representation by the firm and the specialist in the event any matter which
you have engaged us to handle requires the use of that specialist. This arrangement has no
affect whatsoever on the cost of your legal services, rather it is an ethical requirement that
we disclose this fact and that you consent. You are consenting by signing this letter.
13. Assignment and Laws. Meyers Nave shall not subcontract any of the work or
assign any of its rights or obligations without the prior written consent of the District other
than assignment of work to of counsel as provided for in Paragraph 12 above.
14. Notices. All notice or other official correspondence relating to contractual matters
between the parties hereto shall be made by depositing same in fast- class, postage -paid mail
addressed as follows:
To Counsel for the District: Kenton L. Alm
Meyers, Nave, Riback, Silver & Wilson
555 12th Street, Suite 1500
Oakland, CA 94607
To the District: Board of Directors
c/o General Manager
Central Contra Costa Sanitary District
5019 Imhoff Place •
Martinez, CA 94553
•
•
• or to such other address as either party may designate hereinafter in writing delivered to the
other party.
15. Records. Meyers Nave shall at time keep a complete and thorough records of the
time expended in performing services on behalf of the District as herein agreed upon and
Meyers Nave shall also make available to the District for audit all of such records so
maintained for a period of 7 years from the date of performance if services.
16. Article Headings. Article headings in this Agreement are for convenience only and
are not intended to be used in interpreting or construing the terms, convenants, and
conditions of this Agreement.
17. Survival. Notwithstanding the District's acceptance of the services or termination
thereof and payment therefore, Meyers Nave shall remain obligated under all clauses of this
Agreement which expressly or by their nature extend beyond and survive such acceptance,
termination and payment.
A PROFESSIONAL LAW CORPORATION OAKLAND L05 ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
Michael McGill, Board President
October 29, 2010
Page 5
•
Notwithstanding the acceptance of the services of Meyers Nave or termination thereof and
payment therefore, the District shall remain obligated under all clauses of this Agreement
which expressly or by their nature extend beyond and survive such acceptance, termination
and payment.
18. Attorney's Fees. In the event of a dispute arises under this agreement which results
in a judgment or final arbitrator's decision, reasonable attorney's fees and costs may be
awarded to the prevailing party.
19. Entire Agreement; Full Understanding; Modifications in Writing. This letter
contains our entire agreement about our representation. Any modifications or additions to
this letter agreement must be niade in writing.
20. Conflicts. Our firm represents many public agencies in California. The services •
provided under this Agreement are for the benefit of the District only. Though we do •
represent many other public entities, Meyers Nave is not aware of any actual conflicts
pending matters where the firm represents clients in matters adverse to the District.
Since 1986, we have represented over five hundred public clients, including numerous cities,.
redevelopment agencies, special districts, counties and other public entities, and we are
accepting new engagements all the time. Meyers Nave performs a variety of professional
services for its clients and it is possible that we will represent clients on other matters with
objectives or positions inconsistent with those of the District. Ordinarily, continuing to
represent the District would not create an actual legal conflict. If an actual conflict of
interest does arise; however, we will promptly advise the District of the legal conflict of
interest and obtain a waiver of the conflict from the District and other entity. Alternatively,
if the situation requires it, we will withdraw from representing either the other party, the
District, or both as may be required by the Bar Rules concerning legal ethics.
By signing and returning this agreement to us, you acknowledge that we have discussed these
•
matters and you confirm that District does not object to our representation of clients on
matters where their legal, governmental or political objectives and /or positions may be
different from or adverse to those of District, and that District consents to our
representation of such clients with differing legal, governmental or political interests where
no actual legal conflict of interest exists. While you would certainly be free to terminate our
relationship, you agree that this firm nonetheless would be free to represent such clients
even on those matters which you consider inconsistent with your objectives or views
provided that no actual legal conflict of interest exists. •
•
These acknowledgments do not permit our firm to represent another client in opposing any
matter for which we have provided legal advice without your specific written legal consent.
•
A PROFESSIONAL LAW CORPORATION OAKLAND L05 ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO-
•
•
Michael McGill, Board President
October 29, 2010 •
Page 6 •
If this letter agreement is consistent with your understanding of our respective
responsibilities, please sign below and return this letter agreement to me. An additional copy
of this letter is enclosed for your records. Again, we thank you for allowing us the
opportunity to serve as your lawyers.
Very truly yours,
Kenton L. Alm, Principal
.Attachments
661024.3
•
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
Michael McGill, Board President _
October 29, 2010
Page 7
These terms are accepted and agreed to as of the date of this letter by the Central Contra
Costa Sanitary District,
By:
Central Contra Costa Sanitary District
Michael McGill, President
Board of Directors
Acknowledged.
•
By:
Central Contra Costa Sanitary District
Secretary of the District
Elaine Boehme
•
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO
ATTACHMENT 1
MEYERS, NAVE, RIBACK, SILVER & WILSON
RATE SHEET
Year 1 (October 1, 2010 to September 1, 2011)
Sr. Principal (Kenton L. Alm) $290
Principal $240
Sr. Of Counsel $290
Sr. Associate $235
Associate $220
Paralegal $110
• Law Clerk $150
Blended Hourly Rate /Retainer $235 •
•
The hourly rates set forth above will be reviewed and amended annually as of September
of each year. For the contract year beginning October 1, 2011, the rates will be adjusted
• by the same indexed amount as is provided to District Local 1 employees for the
immediately prior MOU adjustment, if any. For each year of adjustment, the rates for
each category shall be computed by the District and approved by Meyers Nave
consistent with this methodology. At the opinion of the District, the rates can be
rounded to the nearest $5 increment.
Retainer Services will be billed on the basis of the "Blended Hourly Rate /Retainer"
services category set forth above and escalated as set forth for other hourly rates.
"Retainer Services" for the purposes of this Agreement are defined as those certain
services that are customarily provided on a regular basis and specifically include the
following:
(a) Attendance at and preparation for board meetings, agenda review meetings,
board committee meetings, risk management meetings, engineering legal
meetings, CASA conferences and CASA legislative meetings;
(b) All legislative review and comment and support activity for CASA and other
ordinary District Counsel services in support of wastewater related industry
groups;
(c) All telephone calls lasting less than 12 minutes and /or the first 12 minutes of
telephone calls exceeding 12 minutes in length, excepting calls on assigned
litigations matters;
66 1024_3 DOC
(d) Initial receipt and review of all correspondence, documents, faxes and e- mails,
except on assigned litigations matters; •
•
(e) Preparation of and presentation of advice to Board and Board Members
(including customary ancillary activities related to representing the Board);
(f) Participation in all CASA activities duties traditionally undertaken on behalf of
the District; and
(g) Four hours per week of on -site ( "District Counsel Office Hours ") legal services
to be provided by an attorney acceptable to the District. "On- Site" legal services
or District Counsel office hours shall be provided based on a flat four hour
charge without compensation to the firm for travel to and from the District site.
"Retainer Services" will initially be billed at the blended hourly rate based on 56 hours
per month. Either party to this Agreement can on six month intervals ask that this
hourly amount be evaluated and adjusted to reasonably reflect ongoing use of Retainer
Services, including adjustments to the services included, such as District on -site office
hours. A commensurate adjustment to the retainer fee will be implemented at that time.
•
•
66102
•
ATTACHMENT 2
MEYERS, NAVE, RIBACK, SILVER & WILSON
STATEMENT OF FEE AND BILLING INFORMATION
The following is a general description of our fee and billing policies. These general
policies maybe modified by the specific engagement letter or agreement to which this
summary is attached.
Professional Fees. Our fees for professional services are based on the fair value of the
services rendered. To help us determine the value of our services, our attorneys and
paralegals maintain time records for each client and matter. Our attorneys and paralegals
are assigned hourly rates which are based on years of experience, specialization, training
and level of professional attainment. We adjust our rates periodically (usually at the
beginning of each year) to take into account inflation and the increased experience of our
professional personnel.
To keep professional fees at a minimum, legal work that does not require more •
experienced attorneys will be performed, where feasible, by attorneys with lower billing
rates. Of course, the quality of the work is paramount, and we do not sacrifice quality to
economy.
Before undertaking a particular assignment, we will, if requested, provide you with a fee •
estimate to the extent possible. Estimates are not possible for some matters, however,
and cannot be relied on in many others because the scope of our work will not be clear
at the outset. When a fee estimate is given, it is only an estimate; it is not a maximum or
minimum fee quotation. The actual fee may be more or less than the quoted estimate.
Billing And Payment Procedures. Unless other arrangements are made at the time of the
engagement, invoices will be sent monthly. Invoices for outside services exceeding $100
may be billed separately. Occasionally, however, we may defer billing for a given month
or months if the accrued fees and costs do not warrant current billing or if other
circumstances would make it appropriate to defer billing.
Our invoices contain a brief narrative description of the work performed; if requested,
the initials of the attorney who performed the work will appear on the statement. The
invoice will include a line item reflecting in -house administrative costs. The firm's in-
house administrative costs include, but are not limited to, duplicating, facsimile charges,
telephone charges, E -mail, postage, mileage and other administrative expenses. We have
determined that the most effective method of accounting for these administrative costs is
to charge a flat 3 of the professional fees incurred.
The firm will be reimbursed for all outside services incurred in the course of providing •
legal services to our client(s). Outside services will include, but are not limited to, all
661024 a.uoc
•
. third -parry expenses, delivery charges, travel expenses outside of the San Francisco Bay
Area, outside research services, filing fees, expert witness and expert consultant fees.
•
If you have any questions regarding an invoice, the billing manager, controller or
shareholder in charge are available to answer your questions. For any unresolved •
matters, the Bar Association has an arbitration mechanism that can be used to resolve
such matters.
Late Payments. Statements for services are payable upon presentation and, in all events,
within thirty (30) days after receipt. Occasionally a client has difficulty in making timely
payments. To avoid burdening those clients who pay their statements promptly with the
•
added costs we incur as a result of late payments, a late charge will be assessed on
statements not paid within thirty (30) days. The maximum monthly late payment charge
will be 1.5% per month. In the unlikely event we are required to institute legal
•
proceedings to collect fees and costs, the prevailing party will be endued to reasonable
attorneys' fees and other costs of collection.
•
•
661024_3 DOC
�.
Central Contra Costa Sanitary District
October 29, 2010
TO: BUDGET AND FINANCE COMMITTEE
FROM: JAMES M. KELLY, GENERAL MANAGER�,�G/�� _ �"
SUBJECT: PROPOSED DISTRICT PARTIAL FUNDING OF HOLIDAY PARTY
The Employees Activities Organization (EAO) is a non - profit organization created to
provide activities for District employees. It was originally established in 1997 as a
means to obtain corporate rates for health club memberships and has evolved into an
organization that sponsors activities throughout the year, including an annual holiday
party that is free to all District employees. The cost of the party is budgeted at $14,000
this year and has been paid for by the EAO.
For nearly the past 10 years, the District has donated revenue received from the sale of
scrap metal to the EAO as a contribution to the party. On average, for the past five
years, approximately $4,400 per year has been received by the EAO from the sale of
scrap metal. This contribution has been one of the major sources of revenue for the
party.
This practice of donating the scrap metal revenue to the EAO came to the attention of
the District's Counsel, Kent Alm. Staff was advised that this practice could be a gift of
public funds and the practice was immediately stopped. Mr. Alm further advised that
the District could support the party directly as it contributes to employee moral in a
similar fashion to the District's Annual Service Awards Recognition Luncheon.
In surveying other local Districts, all fund one event of some type to contribute to
employee moral during the year which is open to all employees. The only funded
District event is the Service Awards Luncheon, which is limited to those receiving a
service award. I request concurrence with an annual contribution of $4,400 to the EAO
to offset a portion of the cost of the annual holiday party, as it is one District -wide event
which occurs each year. Again, District Counsel has stated that he is comfortable with
such a contribution as it serves to improve employee morale.
JMK/slc
Central Contra Costa Sanitary District
October 29, 2010
TO: BUDGET AND FINANCE COMMITTEE
VIA: RANDY MUSGRAVES, DIRECTOR OF ADMINISTRATION P
FROM: STEPHANIE KING, PURCHASING & MATERIALS MANAGER K
SUBJECT: CONTRACT WITH G &K SERVICES, INC. FOR UNIFORM SERVICES
Currently, uniform services are provided for District facilities both in Walnut Creek and
Martinez by Aramark Uniform Services. For fiscal year 2009/2010 the District spent
approximately $136,817 for uniform services. District staff determined it was in the best
interest of the District to competitively price the service and seek proposals for uniform
services rather than extend Aramark's contract.
Purchasing and personnel from each department participating in the uniform program
analyzed the current scope of work and current service provider to identify the needs of
the District. Purchasing developed a Request For Proposals (RFP) which was reviewed
by Directors, Managers, Superintendents, and Supervisors of departments participating
in the uniform program.
A Uniform Services RFP Evaluation Team was formed consisting of representatives
from Purchasing, Buildings and Grounds, CSO and Engineering — Environmental
Services.
The following criteria was used for proposal evaluation: 1) Pricing, 2) Knowledge,
Expertise and Overall Strategy, 3) Quality, 4) Record of Past Performance, 5) Tracking
System, 6) Reporting /Invoicing, 7) Conformance to RFP Requirements, and 8) Financial
Stability.
A formal Request for Proposals process was initiated and publicized on July 21, 2010
by the Purchasing Division.
The three proposals submitted to the District were from:
G &K Services, Inc. $69,516 annually
Aramark Uniform Services $86,503 annually
Prudential Overall Supply $91,311 annually
After extensive review of the three proposals and interviews with the two top ranked
Offerors, G &K Services Inc. and Prudential Overall Supply, the Evaluation Team scored
G &K Services, Inc. as the highest proposal based on the RFP criteria. Prudential
Overall Supply ranked second, and Aramark Uniform Services ranked third.
•
•
G &K Services, Inc. is the only one of the three Offerors with an automated garment
tracking system which should result in tighter inventory control. G &K Services, Inc. also
scored the highest of the three Offerors on the Record of Past Performance category
based on references.
The contract will be a three (3) year uniform services contract with G &K Services, Inc.
The total estimated cost of this three -year contract is $210,000. The contract will
contain options to extend the contract for an additional two (2) one -year periods, upon
mutual agreement, totaling a maximum of five years.
This is an Operations and Maintenance (O &M) contract and is within the Board
approved O &M budget for these services. Authorizing the execution of this contract is
within the General Manager's authority. An announcement was previously made to the
Board to inform them that we will be soliciting proposals for this particular service and
that more information would be presented when a selection is made. Now that a
selection has been made, staff is bringing this to the Budget & Finance Committee for
informational purposes. The General Manager also has the authority to bring O &M
contracts to the Committee or Board based upon significant cost, operational impact or
political sensitivity.
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