HomeMy WebLinkAbout09.(Handout) Memo and Amendment to MOUBOARD OF DIRECTORS
MEMORANDUM
MEETING
DATE:
FEBRUARY 1, 2024
SUBJECT: ADOPT RESOLUTION NO. 2024-003 TO AUTHORIZE A REVISION
TO THE MEMORANDUM OF UNDERSTANDING (MOU) FOR THE
DEVELOPMENT OF A STUDY RELATED TO A POTENTIAL MERGER
BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT
(CENTRAL SAN) AND MT. VIEW SANITARY DISTRICT (MVSD)
SUBMITTED BY:
PHILIP LEIBER, DEPUTY GENERAL
MANAGER - ADMINISTRATION
DANEA GEMMELL, PLANNING AND
DEVELOPMENT SERVICES
MANAGER
INITIATING DEPARTMENT:
DEPUTY GENERAL MANAGER
REVIEWED BY: GREG NORBY, DEPUTY GENERAL
MANAGER - OPERATIONS
Roger S. Bailey
General Manager
ISSUE
Consider adopting a revision to the MOU related to the development of a study
on a potential merger with MVSD. (UPDATED 1/29/2024)
BACKGROUND
The Board package distributed on January 26, 2024 contained a position paper proposing
Board adoption of Resolution No. 2024-003 to authorize an amendment to the
MOU with MVSD.
Attached to this memorandum is an updated version of the Amendment, with edits by MVSD,
on January 28, 2024. Such edits are shown in bold. Also attached is a clean/edits accepted
version. Such additions have been reviewed by Central San legal counsel and are viewed
as acceptable.
Item 9 (Handout)
4859-4981-0331 v1
FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN
CENTRAL CONTRA COSTA SANITARY DISTRICT AND MT. VIEW SANITARY
DISTRICT FOR A FEASIBILITY EVALUATION OF A POTENTIAL MERGER
This First Amendment to the Memorandum of Understanding Between Central Contra
Costa Sanitary District and Mt. View Sanitary District for a Feasibility Evaluation of a Potential
Merger, dated October 5, 2024, is entered into by and between the Central Contra Costa Sanitary
District and Mt. View Sanitary District .
WHEREAS, the parties have met and conferred over changes to Section 4 –
Responsibility of the Parties contained in the MOU;
NOW THEREFORE, the parties hereto agree to add a new subsection (a)(6) to Section 4
– Responsibilities of the Parties of the MOU as follows:
6. In recognition of the joint selection process noted above, Central San shall promptly
share with MVSD all proposals, requests for information, protests and protest
resolutions and shall not award a contract, renegotiate price, or materially amend
terms of any contract with any prospective or hired consultant(s) without MVSD’s
prior written consent.
All other sections or provisions of the MOU not modified herein shall remain in full force and
effect.
The Parties hereto have caused their duly-authorizedduly authorized representatives to execute
this Memorandum of Understanding effective _______________, 2024.
Representative of the Mt. View Sanitary District:
_____________________________ _______________________ ____________
Signature Title Date
Representative of the Central Contra Costa Sanitary District:
_____________________________ _______________________ ____________
Signature Title Date
4859-4981-0331 v1
FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN
CENTRAL CONTRA COSTA SANITARY DISTRICT AND MT. VIEW SANITARY
DISTRICT FOR A FEASIBILITY EVALUATION OF A POTENTIAL MERGER
This First Amendment to the Memorandum of Understanding Between Central Contra
Costa Sanitary District and Mt. View Sanitary District for a Feasibility Evaluation of a Potential
Merger, dated October 5, 2024, is entered into by and between the Central Contra Costa Sanitary
District and Mt. View Sanitary District .
WHEREAS, the parties have met and conferred over changes to Section 4 –
Responsibility of the Parties contained in the MOU;
NOW THEREFORE, the parties hereto agree to add a new subsection (a)(6) to Section 4
– Responsibilities of the Parties of the MOU as follows:
6. In recognition of the joint selection process noted above, Central San shall promptly
share with MVSD all proposals, requests for information, protests and protest
resolutions and shall not award a contract, renegotiate price, or materially amend
terms of any contract with prospective or hired consultant(s) without MVSD’s prior
written consent.
All other sections or provisions of the MOU not modified herein shall remain in full force and
effect.
The Parties hereto have caused their duly authorized representatives to execute this
Memorandum of Understanding effective _______________, 2024.
Representative of the Mt. View Sanitary District:
_____________________________ _______________________ ____________
Signature Title Date
Representative of the Central Contra Costa Sanitary District:
_____________________________ _______________________ ____________
Signature Title Date