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AP 09-04-14 �o�TH rqNoF ,, - - - -� .:,�..:._ 0� A�Ie`k'er . 19 5 0 . �9`�� k'l►7'ILIT'Y D�� SOUTH TAHOE PUBLIC UTILITY DISTRICT REGULAR BOARD MEETING AGENDA Thursday, September 4, 2014 - 2:00 P.nn. District Board Room 1275 Meadow Crest Drive, South lake Tahoe, California Richard Solbrig, General Manager Eric W.Schafer, President BOARD MEMBERS Randy Vogelgesang, Vice President Chris Cefalu, Director James R. Jones, Director Kell Sheehan, Director 1. CALL TO ORDER REGULAR MEETING— PLEDGE OF ALLEGIANCE(At this time, please silence phones and other electronic devices so as not to disrupt the business of the meeting.) 2. COMMENTS FROM THE AUDIENCE (This is an opportunity for members of the public to address the Board on any short non-agenda items that are within the subject matter jurisdiction of the District. No discussion or action can be taken on matters not listed on the agenda, per the Brown Act. Each member of the public who wishes to comment shall be allotted five minutes, and no more than three individuals shall address the same subject.) 3. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR �For purposes of the Brown Act, all Action and Consent items listed give a brief description of each item of business to be transacted or discussed. Recommendations of the staff, as shown, do not prevent the Board from taking other action.) 4. ADOPTION OF CONSENT CALENDAR (Any item can be removed to be discussed and considered separately upon request. Comments and questions from members of the public, staff or Board can be taken when the comment does not necessitate separate action.) S. CONSENT ITEMS BROUGHT FORWARD FOR SEPARATE DISCUSSION / ACTION 6. ITEMS FOR BOARD ACTION a. Memorandum of Understanding between Stationary Engineers, Local 39, and South Tahoe PUbIiC Utility DiStriCt (Nancy Hussmann, Human Resources Director) Pg.41 Adopt Memorandum of Understanding between Stationary Engineers, Local 39, and the South Tahoe Public Utility District for a contract term of July 3, 2014, through June 28, 2017; b. Operations and Maintenance (08�M) Services for City of South Lake Tahoe's (City) Bijou Stormwater Pump Station (�uiie Ryan, Senior Engineer) Pg. 43 Provide direction regarding the City's request to the District for providing 08�M Services to the City for their Bijou Stormwater Pump Station, and authorize staff to develop an agreement for Board and City approval; c. Memorandum of Understanding (MOU) Adopting the Revised Tahoe Sierra Integrated Regional Management (TSIRWM) Plan (�ynn Noian, Grants Coordinator) Pg. 51 Adopt attached MOU for the revised Tahoe Sierra Integrated Regional Water Management Plan; REGULAR BOARD MEETING AGENDA-September 4, 2014 PAGE-2 d. Approve Payment of Claims ��ebbie Henderson, Accounting Manager) Pg. 57 Approve Payment of Claims in the amount of $2,227,920.06 7. STANDING AND AD-HOC COMMITTEE REPORTS (Discussions may take place; however, no action will be taken.) a. LPA Ad-Hoc Committee Update 8. BOARD MEMBER REPORTS (Discussions may take place; however, no action will be taken.) 9. EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT 10. GENERAL MANAGER REPORT (Discussion may take place; however, no action will be taken.) a. Water Bond 1 1. STAFF/ATTORNEY REPORTS (Discussions may take place; however, no action will be taken.) 12. NOTICE OF PAST AND FUTURE MEETINGS/EVENTS Past Meetings/Events 09/Ol/14-Labor Day Holiday (District Closed) 08/21/14-2:00 p.m. Regular Board Meeting at District Future Meetings/Events 09/10/14- 10:00 a.m. EDCWA Meeting 09/15/14-3:30 p.m. Water and Wastewater Operations Committee Meeting 09/17/14-8:00 a.m. Employee Communications Committee Meeting (Schafer Representing) 09/18/14-2:00 p.m. Regular Board Meeting at District 13. CLOSED SESSION (The Board will adjourn to Closed Session to discuss items identified below. Closed Session is not open to the public; however, an opportunity will be provided at this time if inembers of the public would like to comment on any item listed-three minute limit.) a. Pursuant to Government Code Section 54956.9�a)/Conference with Legal Counsel Existing Litigation re: EI Dorado County Superior Court Case SC20120227 GRCLT Condominium vs. South Tahoe Public Utility District (Filed 10/22/12) ACTION REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION ADJOURNMENT (The next Regular Board Meeting is Thursday,September 21, 2014 at 2:00 p.m.) The South Tahoe Public Utility District Board of Directors regularly meets the first and third Thursday of each month.A complete Agenda packet is available for review at the meeting and at the District office during the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday. A recording of the meeting is retained for 30 days after Minutes of the meeting have been approved.Items on the Agenda are numbered for identification purposes only and will not necessarily be considered in the order in which they appear.Designated times are for particular items only.Public Hearings will not be called to order prior to the time specified,but may occur slightly later than the specified time. Public parficipation is encouraged.Public comments on items appearing on the Agenda will be taken at the same time the Agenda items are heard;comments should be brief and directed to the specifics of the item being considered.Please provide the Clerk of the Board with a copy of all written materials presented at the meeting.Comments on items not on the Agenda can be heard during "Comments from the Audience;"however,action cannot be taken on items not on the Agenda. Backup materials relating to an open session item on this Agenda,which are not included with the Board packet,will be made available for public inspection at the same time they are distributed or made available to the Board,and can be viewed at the District office,at the Board meeting and upon request to the Clerk of the Board. The meeting location is accessible to people with disabilities.Every reasonable effort will be made to accommodate participation of the disabled in all of the District's public meetings.If particular accommodations are needed,please contact the Clerk of the Board at(530) 544-6474,extension 6203.All inquiries must be made at least 48 hours in advance of the meeting. REGULAR BOARD MEETING AGENDA-September 4, 2014 PAGE -3 yo�TH Tq/iOF - --..�:. - _- - :�= �p ' e� Ve��r • 1950 ' �9��i UT7LITY D� SOUTH TAHOE PUBLIC UTILITY DISTRICT CONSENT CALENDAR September 4, 2014 ITEMS a. SADDLE KELLER WATERLINE REPLACEMENT PROJECT (Julie Ryan,Senior Engineer) Pg. 1 Authorize staff to enter into a Reimbursement Agreement with the City of South Lake Tahoe to provide improvements to pavement within the Saddle Keller Waterline Replacement Project Area, with potential minor modifications to be made by staff; b. WATER SYSTEM OPTIMIZATION PLAN (John Thiel, Principal Engineer) Pg.3 Approve Contract Amendment B to existing Task Order 2 to Kennedy Jenks in the amount of $36,380 for continued consulting services. c. CRITICAL WATERLINE EVALUATION PROJECT �John Thiel, Principal Engineer) Pg. 1 1 Approve Contract Amendment A to existing Task Order 5 to HDR, Inc., (HDR) in the amount of $15,000 for continued field work. d. DIAMOND VALLEY RANCH IRRIGATION IMPROVEMENTS PROJECT (Ivo Bergsohn, Hydrogeologist) Pg. 15 Authorize an increase in the amount of $165,657 to Purchase Order P23221 for pomenichelli and Associates for additional engineering services. e. AL TAHOE PUMP STATION PUMP NO. 2 REBUILD �Randy Curtis, Manager of Field Operations) Pg. 21 Authorize payment to All Electric in the amount of $17,789.82, for complete rewind and pump rebuild of AI Tahoe Pump Station Pump No. 2. f. ASSOCIATION OF CALIFORNIA WATER AGENCIES (ACWA) REGION 3 BOARD OF DIRECTORS NOMINATION �Richard Solbrig, General Manager) Pg. 23 Adopt Resolution No. 2960-14 nominating Dennis Cocking to the ACWA Region 3 Board of Directors. g. ASSOCIATION OF CALIFORNIA WATER AGENCIES (ACWA) REGION 3 FEDERAL AFFAIRS COMMITTEE NOMINATION (Richard Solbrig, General Manager) Pg. 27 Adopt Resolution No. 2961-14 nominating Dennis Cocking to the ACWA Region 3 Federal Affairs Committee. REGULAR BOARD MEETING AGENDA-September 4, 2014 PAGE-4 h. REGULAR BOARD MEETING MINUTES: AUGUST 7. 2014 (Melonie Guttry, Executive Services Manager/Clerk of the Board) Pg.31 Approve August 7, 2014 Minutes i. SPECIAL BOARD MEETING MINUTES: AUGUST 15. 2014 (Melonie Guttry, Executive Services Manager/Clerk of the Board) Pg.35 Approve August 15, 2014 Minutes j. REGULAR BOARD MEETING MINUTES: AUGUST 21, 2014 �Eileen Eidam, Assistant Board Clerk� Pg. 37 Approve August 21 Minutes 6eneral Manager Kichard H.5oibrig � • 1950 • w � O � ✓ a o e Directors GhriS Cefalu James R.Jones -...�� F RanAy Vogelgesang 1�ublic Utifity District ��YSheehan Eric 5chafer 1275 Meadow Crest Dr+ve•South Lake Tahoe•CA 96150-7401 Phone 530 544-6474•Fax 530 541-0614•www.5tpud.u5 BOARD AGENDA ITEM 4a TO: Board of Directors FROM: Julie Ryan, Senior Engineer MEETING DATE: September 4, 2014 ITEM-PROJECT NAME: Saddte Keller Waterline Replacement Project REQUESTED BOARD ACTION: Authorize staff to enter into a Reimbursement Agreement with the City of South Lake Tahoe to provide improvements to pavement within the Saddle Keller Waterline Replacement Project Area,with potential minor modifications to be made by staff. DISCUSSION: The District is currently constructing the Saddle Keller Waterline Replacement Project. As part of this project, the District's contractor will make improvements to a portion of the asphalt pavement within the project area, as required by the District's Encroachment Permit with the City of South Lake Tahoe, and Detail SD62 of the City's Engineering Standards. However, due to the degraded condition of the remaining pavement within the project area, staff has worked with the City to define additional improvements that will provide a better product to the community. The cost of these additional improvements is the responsibility of the City, not the District, but the work will be performed under the District's contract with Herback General Engineering.To formalize this arrangement, staff is working with the City to prepare an agreement for the City to reimburse the District's costs for the additional pavement improvements.This Reimbursement Agreement will include two work items: 1) 2" Mill and Overlay within 125%of the Contract Quantity:The contract price to install 90,800 sf of 2" Mill and Overlay within the project area is $148,912.00 at$1.64 per square foot. Under the reimbursement agreement, the District will add up to 22,700 sf of 2" Mill and Overlay to the Contract quantity to be installed at locations within the project orea at the direction of the City. Per City requirements, a polymer modifier needs to be added to the asphalt, but was omitted from the contract mix design, so there will be an additional incremental cost on top of the $1.64/sf price.The Contractor will provide this price on a cost per square foot basis prior to the Board Meeting; and 2) 2" Mill and Overlay in the remainder of the Project Area: adding 22,700 sf will not complete the paving within the project area,which is the City's interest.Staff has requested a price from the Contractor to provide up to 75,000 sf additional 2" Mill and Overlay using polymer modified asphalt. -�- Julie Ryan,Senior Engineer September 4,2014 Page 2 The prices for these items will be forthcoming, and the terms of the Agreement will be finalized by staff and provided prior to and at the Board meeting. Staff recommends that the Board authorize staff to enter into the Agreement for reimbursement. SCHEDULE: September to October 2014 COSTS: $0 ACCOUNT NO: 2029-7011/SADLWL BUDGETED AMOUNT AVAILABLE: $371,903 AITACHMENTS: Reimbursement Agreement (to be provided prior to and at the meeting) CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -2- General Manager Richard H.5olbrig �` �-----is5o;w � � �� Directors ChriS Cefalu Jamee R.Jones Randy Vogelge5ang ��" �`` �'ub�ic Utiii�y DiStrict KellySheehan Eric Schafer 1275 Meadaw Crest Drive•South Lake Tahoe•CA 96150-740j f'hone 53Q 544-�474•Fax 530 541-0614•www.5tpud.u5 BOARD AGENDA ITEM 4b TO: Board of Directors FROM: John Thiel, Principal Engineer MEETING DATE: September 4, 2014 ITEM- PROJECT NAME: Water System Optimization Plan REQUESTED BOARD ACTION: Approve Contract Amendment B to existing Task Order 2 to Kennedy Jenks in the amount of $36,380 for continued consulting services. DISCUSSION: The Water System Optimization Project (WSOP) is being completed through a joint effort of District staff, Kennedy Jenks, and West Yost Associates. During the course of this project, additional and expanded work tasks have been identified by staff (and the District has requested such additional work) finding it necessary and beneficial for the effective completion of the project. The additional effort will add significant value to the final product and cost savings to the District's Capital Improvement Projects (CIP). The major additional work items are based on the expansion of the number of operational scenarios from one to five and the evaluation of adding potential demands from Lukins, Tahoe Keys, and Lakeside water systems. The additional operational scenarios reflect the District's ability to change water sources and booster pumps depending on various system demands and potential system failures. The end result of this additional work is the substantial reduction of proposed CIP. These are projects that were eliminated or reduced in priority because operational changes to the water system will mitigate potential failures within the distribution system. This additional work has extended the project by over 6 months and required major modifications of two tech memos, TM4- Hydraulic Analysis, and TMS- CIP. The District has received the final TM4 and is now reviewing the Draft TMS. While staff review has been somewhat delayed due to our current construction work, the WSOP will be final and complete in October, 2014. This contract amendment to Kennedy Jenks reflects all additional work and will result in sufficient funds to complete the WSOP in its entirety. Please refer to the attached project status report from Kennedy Jenks which includes a budget evaluation and request for the budget amendment. -3- John Thiel,Principal Engineer September 4,2014 Page 2 SCHEDULE: Upon Board Approval COSTS: $36,380 ACCOUNT NO: 2029-7097/WTRSMP BUDGETED AMOUNT AVAILABLE: <$10,441> ATTACHMENTS: Project Status Report, Amendment Request from Kennedy Jenks. CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES � NO CHIEF FINANCIAL OFFICER: YES NO -4- Kennedy/Jenks Consultants Engineers&Scientists 10850 Gold Center Drive,Suite 35U Rancho Cordova,California 95670 22 August 2014 916-858-2700 FAX:416-858-2754 Mr. John Thiel, PE, MBA Principal Engineer South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150-7401 Subject: Project Status Letter for 28 June 2014 to 25 July 2014 2012 Water System Optimization Plan Praject K/J 1270004*00 - Dear Mr. Thiel: We are sending you these project repo�ts now that Paul Sciuto has left the department. This project status report covers the work completed for the 2012 Water System Optimization Plan (WSOP) Project for the period of 28 Jur�2014 to 25 July 2014. Invoice number 85488.for the amount of$10,441.25, covers the work completed for the period described above under the Master Agreement Task Order No. 2, Purchase Orde�No. P24864, and Project Code(1N'fRSMP). Budget Evaluation We are providing a summary of the actual work completed to date compared to the budget as shown in the enclosed Table 1 —Project Status Workshee#. In a conference call with John Thiel and Julie Ryan with the District on 24 January 2014,we discussed the estimated cost to complete the remaining work, what the level of effort of that cost and compared with the budget remaining. An updated to the amount of budget required vs. �emaining is provided based on Kennedy/Jenks assessment of the level of effort required to complete the project wo�lc as shown in Table 2. Table 2—Estimated Cost to Complete WSOP Task# Task Description Estimated Cost to Complete WSOP 1 Project Management— Internal and External $4,000 Project Management, and Two to Three Conference Calls 2 Project Meetings and Board Presentations—One $4,000 Board Presentation 3 Existing Data Collection Assume complete t=."vl�ti7�.e?:C�}STG�.AJ_1'.z'i�S�sf}:f:�81Gz!t;.;fl<�241-F�.nr�A�.;.rn�.a_:t-�r:�,�trir�..�ztfnx�5r<r3-1ra�->!f'rt -5- Kennedy/Jenks Consuitants Mr. John Thiel, PE, MBA South Tahoe Public Utility District 22 August July 2014 Page 2 Task# Task Description Estimated Cost to Compiete WSOP 6 Well, Storage, and Distribution System Evaluation $5,000 —Attend draft TM4 review conference call;finalize TM4. There is about$1,900 of effort expended from 6-26-14 to 8-19-14 that was provided to support West Yost Assoc to complete final TM 4. 7 Capital Improvements Projects—conduct draft $9,900 TM5 review conference cail; and finalize TMS. There is about$6,400 of effort expended from 6- 26-14 to 8-19-14 that was provided to complete updated final draft TM 5. 8 Report Preparation and Review—prepare draft $16,000 WSOP report; conduct draft review meeting; and finalize WSOP report Total Estimated Cost to Compiete Remaining Work $38,900 Amount of Budget Remaining $2,520 Budget Amendment#2 Request $36,380 Actions we plan to take to address this budget stressed candition: We have discussed a need for a second budget amendment with the District. We request that budget amendment#2 be processed in the amount of$36,380.00.With the$8,300 of level of effort under Tasks 6 and 7 not yet billed completed, we have exceeded the budget limit of the contract and request that a budget amendment#2 be processed as soon as possible. � The reasons for exceeding the budget have been: • Extending the project significantly beyond the original completion date due to additional work requested by the District including expanded ope�ational scenarios. The inclusion and evaluation of the expanded operational scenarios has resulted in substantial reductions to the proposed CIP. This causes K/J to stop and start the project multiple times, which lead to an increased effort on our part to complete the work within the original budget. • Providing additional support on the hydraulic modeiing scenario development and review than planned. F�ao,a�z�aoo�.�:a,a_.a�c,c�s caaan,o�<�w�a+2o��►xne�eye�.rn�+aat��r,a�a�e��rzre�iaca.ax Kennedy/Jenks Consultants Mr. John Thiel, PE, MBA South Tahoe Pubiic Utility District 22 August July 2014 Page 3 • Providing a more in-depth evaluation of the Dist�icYs water system demands vs. source capacity than was planned. The end result is that we have provided a tool for the District to use in the future to manage and plan improvements to the water system. • Completing additional work as requested, including additional drafts of TM 1 and TM 5 three times to incorporate information provided as the Task 6 work was completed and to provide the latest information for the District to use for their budgeting planning pu�poses. Summary of Work Completed The work completed during this billing period covered by this report and invoice is described below. � Task 1 —Project Management • Conference call with the District on the status of the wo�lc and then intemal conference calls with project team and West Yost Assoc to direct work to be completed. � Percentage Work Completed this month—5.5% of Task 1 budget. Task 2—Project Meetings and Board Presentations • No activity. Task 3—Existing Data Collection • Finalized TM 1. We have exceeded the budget that we had estimated it was going to take to complete this task and incorpo�ated those costs in tM�buckjet amendment request. , • Percentage Wo�lc Campleted this month— 19.0%of Task 3 budget. Task 4—LOS Study • No activity. Task 5— Hydraulic Model • No activity. � Task 6 —Well, Storage, and Distribution System Evaluation • Supported West Yost Assoc in updating TM 4. • Percentage Work Completed this month— 1.9°k of Task 6 budget Task 7 —Capital Improvement Projects • Began to prepare final draft TM 5 by incorporating TM 4 and TM1 additional projects. �1Z012N2IOOW.00yyid_w�1er sIB W�P��-W��'�9Kamead i2��enlf2 rtao65tk.doc Kennedy/Jenks Consultants Mr. John Thiel, PE, MBA South Tahoe Public Utility District � 22 August July 2014 Page 4 • Percentage Work Completed this month—2.5°k of Task 7 budget. Task 8-Report Preparation and Review � • No activity. Future Work for August and September 2014 Task 1 -Participate in project status conference calis as necessary and prepare next project status report and invoice; continue to manage staff internally. Task 6—Respond to District comments on draft TM4 related to Kennedy/Jenks p�epared sections. Task 7—Finalize TM 5 by addressing District comments. Task 8—Complete a draft of the appropriate sections of the WSOP report. Address any comments on TM-1. Schedule The project is currently estimated to be completed by late September or October 2014 depending on the current progress of the work and anticipation that the District will be focusing on construction projects until mid-October 2014. Items of Concern K/J is concem about the project budget and extending the schedule out to 2014 as expressed above. With the District's inputs we have made our best estimate of completing the project based on the current status of this project. We look forvvard to resolving both the budget and schedule with the District. E1201212100W.00_s�id_wa�r sys opl pianSD2trtyclsayrtRs1201-prinr.alax6budpetanend iT6�p�dmailt2 requesttr.doe Kennedy/Jenks Consuitants Mr. John Thiel, PE, MBA South Tahoe Public Utility District 22 August July 2014 Page 5 If you have any questions on this repo►t or the invoice, please do not hesitate to contact me at (916)858-2722. It is our pieasure to continue to work with the District on this project. Very truly yours, KENNEDY/JENKS CONSULTANTS �� l�t� � .t�y,., Tim wlliams, P.E. Project Manager cc: File 1270004"00/5.03 John Thiel, South Tahoe PUD E11o12lltraool.�apud_,nOxsrsuWvean+O2cnfcKagrtis�2.��u�lm�d��nrcqueua.aoc General Manager Richard H.5olbrig �i 1550 s � � �� Director5 ChriS Cefalu James R.Jonee � � �'ubiic LJ�1�� V�/ ��/r��j�j RandyVogelge5ang Kelly 5heehan �r Eric Schafer 1275 Meadow Crest Drive•Sauth take 7ahoe•GA 96150-740t Phone 531�544�-6474•Fax 530 541-0614•www.5tpud.u5 BOARD AGENDA ITEM 4c TO: Board of Directors FROM: John Thiel, Principai Engineer MEETING DATE: September 4, 2014 ITEM- PROJECT NAME: Criticai Waterline Evaluation Project REQUESTED BOARD ACTION: Approve Contract Amendment A to existing Task Order 5 to HDR, Inc., (HDR) in the amount of $15,000 for continued field work. DISCUSSION: The District has identified specific segments of the water distribution piping system which are critical due to relatively high risk of failure and/or relatively high consequence of failure. HDR has completed the condition assessment and evaluation of the most critical waterline segments. Since we have achieved some cost efficiencies in completing this initial work, and because additional funds are available through the EI Dorado County Water Agency Grant that is being utilized for this project, staff is requesting additional work from HDR. The additional work includes excavations, collection of physical samples, additional condition assessments, tests for electrical conductivity and corrosion potential, and the installation of test stations which will allow for the monitoring of corrosion over time, and provide data for the addition of cathodic protection systems in the future if found to be necessary. Please refer to the attached proposal and cost estimate from HDR. SCHEDULE: Upon Board Approval COSTS: $15,000 ACCOUNT NO: 2029-8452/WTRSMP BUDGETED AMOUNT AVAILABLE: $ 20,900 ATTACHMENTS: Proposal from HDR. CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO —11— August 27, 2014 Mr.John Thiel, PE South Tahoe Public Utility District 1275 Meado�v Crest Drive South Lake Tahoe,CA 96150 Subject: Field Work Budget Amendment-STPUD Critical Waterline Assessment Dear Mr.Thiel; Follo�ving up on the budget and the field activities�ve talked about last month,belo��is the general format for ALL the segments in reference to the field�vork amendtnent: -Conduct visual observation,�vall thickness ofexposed pipeline(12-15 potliotes) -Perfonn elech�ical conductivity bet�veen pothotes(6 to 9 spans) -Provide technica) support to construct 2-wire test stations -Obtain and evaluate test coupon from AC pipeline at 2 pothole locations Looking at the approximate budget remaining($26.SK)-and the field work/testing for all the segments ($41.SK)-�ve ivould anticipate a$i 5K budget amendment(attached)to get everything evaluated and documented. Sincerely, ADR Engineering,Inc. G��li( Paul Pettersen Senior Project Manager s�s o�,n�e R a+�:� �e� ��s�s�4�co NDREn4ine�tiay.lnc. ;..�t i��i sa, ;�sa3.s:ra Fctr±u hv rz��,t� Mr m�+wn -13- rav °^ �� g �� F �v�...: .....,: a E+ �+p I�o — Y' C V1 L � �.�y N'H H,H N H K H Vf Y �p �D YJ � �� b JOl�6'[-UO i" = K K N O � s�us��nsaoaqn H H «�a�e'a a v � aS�e9J 9� H H H H m�N �N C 8 Jpqg �� r� H H H N (a�dmes�i6i �p�dmes)sa�dmeS 1!� � . �798�u/60I °' '' �c c�qS�u)80�8 ' ��eP/ILS , � s,Csp)ma�Q�ad SRNO �al!NVSZI N , '� 8 ry�sa��a8sa1. — _ �N Q �,�'� �r r SJ110H�BJO� , ��H/SGS _ �,_, ,,� �p ZOSfd-3�oddes Wafw ' ' . i � � �o em �oo , '�'' s� � �H/SOZS)/ i p �, �� — w ^ � �afwd loap�ra ; , �, �& W ��H/SZTS �� Y� TOJ3.L-9�.L oo�soLo �� m ax LL m m o e ��H/ObT$ � . 3s ZOJ3.L-�aao�Su3 PN! . ��H/OSIS)OZIJ � , ' -�aamSag oo�so.uo�•� ��H/O£ZS 0£1J3-�8a�a�e!a '� � '�� H/OSZ$)�aaa�Sug•� • , NH/S) s � a' v�,Q ' r � � �'s � a.�.;F o '�! v � C $a;'�';� N � c ��' e5� � N G� 6 ,o c,� y' � a, y' " �'$ !i. v Pw � � � ,'�,�. v a a�7 A �y��°Q SS 8 ee «',a.3 o'a�'S � F. -ci �, �ce F h � �g o .,� c „ v � < ;� d C � .y ��,�V�o 0 y�Y� $ ffia a '� � ��$€ �F � e - �.q� � aa v o ; v �� `^ E 3 .°e o �>'a 403 � � � E, w �F',.,m m�e E. e °� �! �'��,��2�� A a� $ vFi � '.S� � ' F C7 :3 �o �� -14- �" General Manager Richard H.5olbrig � !�� 8t Directors � -•a�' �'"� r ,� /'j /"� /'� ChriS Cefalu � N�� James R.JoneS ♦�./ �/1 ti��/ L�� Randy Vogelgesang "" �re*� �� ` , [�� KellySheehan �� V Eric Schafer 1275 Meadow Crest Drive•South Lake 7ahoe•CA 96150-7405 Phone 530 544-6474•Fax 530 541-0614•www.�tpud.u5 BOARD AGENDA ITEM 4d TO: Board of Directors FROM: Ivo Bergsohn MEETING DATE: September 4, 2014 ITEM - PROJECT NAME: Diamond Valley Ranch Irrigation Improvements Project REQUESTED BOARD ACTION: Authorize an increase in the amount of$165,657 to Purchase Order P23221 for pomenichelli and Associates (D8�A) for additional engineering services, raising the contract ceiling to $680,188.31. DISCUSSION: In October, 2012, DB�A completed engineering plans, specifications and estimates of probable cost (PS8�E) for construction of the Diamond Valley Ranch Irrigation Improvements Project (DVRIIP). The PS8�E were completed to the 97% level and were used for permitting and grant funding applications. During this process, permitting requirements necessitated changes to the engineering plans and require the addition of construction-related permit conditions. Over the past nearly two years, District staff has also completed improvements at Diamond Valley Ranch that are not reflected in the 97% plans. In January, 2014, District staff submitted the environmental documents to assist the State Water Resources Control Board, Division of Financial Assistance (SWRCB-DOFA) complete its environmental review for Clean Water State Revolving Fund (CWSRF) funding. In July, 2014, District staff submitted the project application for this funding. Should the District receive this funding, the construction bid phase for this project is anticipated to start during the fourth quarter of 2014 and will require an update of the 97% PSB�E. In order to update and prepare the final PS8�E for bidding, the District requested that DB�A prepare a cost proposal to complete this work, as well as additional engineering support services to: (1) update construction-related encroachment permit and storm water pollution prevention plan applications; (2) update the project farm management plan; and (3) provide engineering support during the bid and construction phases for this project through June, 2016. -15- Ivo Bergsohn,Hyrdogeologist September 4,2014 Page 2 District staff also requested a cost estimate to assist staff to compiete Items IIIA and IIIB of the Lahontan Regional Water Quality Control Board (LRWQCB) Monitoring and Reporting Program No. 2011-0061 requirements for this project, which are provided as Task bf. Staff recommends that the Board not include expenditures for Task bf., as part of this authorization. Approval of Contract Amendment #3 fee shall the raise the contract ceiling of PO #P23221 to $680,188.31. SCHEDULE: August, 2014-June, 2016 COSTS: $165,657 ACCOUNT NO: 1029-8161 BUDGETED AMOUNT REMAINING: ATTACHMENTS: Request for Contract Amendment #3 (D8�A, August 27, 2014) CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -16- • DOMENICHELLI AND ASSOCIATES, INC. . CML ENG/NEER/NG CIVIL ENGINEERING Ivo Bergsohn August 27,2014 South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe,CA 96150 Subject: DVR Irrigation Improvements Project Request for Contract Amendment#3(PO#P23221) Dear Ivo, Due to the significant period of inactivity on the project(almost 2 years) and updating the plans to conform with all permit requirements and work completed to date by the District,we are requesting this Amendment#3 to our contract. The delay in the project timeline and updates to the design have impacted the effort for D&A and our sub-consultants leading to a request to increase our budget by $306,852. This also includes increases in our standard billing rates over the last two years. Per your request this also includes a contingency of$20,000 for unforeseen items to be used only as approved by the District. A task has also been included for monitoring and reporting during the first year of operation. A standard markup of 5%has been included for all sub-consultants. The following scope items describe work to be completed through final design document preparation, bid assistance and construction services for the project. Our estimate for engineering services during construction includes time to assist the District with review of submittals, questions from contractors, change order review and site visits (up to one per month for the estimated 6 month construction schedule). This scope and fee assumes that the District will provide construction management and inspection services. This also assumes that either the District or Sunrise Engineering will provide all design and construction services related to the hydroelectric facilities. T'he attached spreadsheet shows a breakdown of our budget for Amendment#3. The budget reflects our costs to complete the project minus a credit for our current budget balance. If you have any questions on this request feel free to contact me at any time. Sincerely, �� Joseph Domenichelli,PE President, Domenichelli & Associates 1101 Investment Boulevard,Suite 115 El Dorado�-I,jlls,CA 95762 [916]933-1997 [916]933-4778 Fax 1/ ; DOMENICHELLI AND ASSOCIATES, INC. CML ENGINEER/NG CIVIL ENGINEERING Task 1 — Site Walk and Review of Project Components This task includes a meeting with District staff to review the project components and outstanding issues (August 5, 2014). This also includes a one day site walk of the project with District staff (August 11, 2014). Task 2 — Final Design Document Preparation Task 2a. Draft Final Design—The draft final design documents (100%) will incorporate all comments from the District on the 97% submittal and construction-related permit conditions and will be ready for bidding. D&A will also incorporate any updated plans for the hydroelectric bid alternate provided by Sunrise Engineering. An updated Engineer's estimate will be provided. The 100% submittal will include all front end documents in the specifications. Plans and specifications will be provided in electronic (pdf format) for review. Task 2b. Final Bid Document Preparation—Once comments are received on the 100%plans any remaining changes will be incorporated into a final bid document set. D&A will provide a final stamped and signed set of plans and specifications for use in electronic bidding. Task 3 — Permitting Support and Updates This task will include reviewing all permits and providing support as necessary to update all permit documents (e.g. CalTrans and Alpine County Encroachment Permit Applications). This also includes updating the SWPPP document originally prepared by AECOM to be included in the final bid documents. Task 4 — Farm Management Plan Update This task will include updating the farm management plan to include the final Phase 1 project components. The plan will also incorporate the new CIMIS station installed at the site. The plan will include a draft plan for review by the District. Once final land grading takes place soil samples will be taken to determine the final nutrition and crop plan for the project. The plan will then be finalized to include any comments received from the District. Task 5 — Bidding Support Task 5a. Pre-bid meeting—Conduct a pre-bid meeting and site walk. D&A and team members will attend to review important project components with the contractors. Task 5b. Response to questions and Addenda preparation—D&A will respond to questions received during the bidding process and prepare up to three addenda. Task 5c. Review of the contractors' bids—D&A will review the bids and make a final recommendation for award. 1101 Investment Boulevard,Suite 115 El Dorado Hills,CA 95762 [916]933-1997 [916]933-4778 Fax ; DOMENICHELLI AND ASSOCIATES, INC. CMLENG/NEER/NG CIVIL ENGINEERING Task Sd.Preparation of Conformed drawings ready for construction.—D&A will incorporate the addenda into the plans to prepare a conformed for construction set of drawings. Task 6 — Construction Support Services The following scope and fee assumes that the District and/or Sunrise Engineering will review any submittals, RFIs, change orders, etc. related to the hydroelectric facilities and will provide as-built drawings for those facilities. Task 6a.Review and respond to Contractor Submittals—All contractor submittals will be reviewed and approved by D&A engineers. Task 6b.Review and respond to Contractor requests for information(RFIs)and Change Order requests—D&A will respond to all RFIs and change order requests made by the contractor. We will make recommendations for change orders and assist the District with contractor negotiations if necessary. Task 6c.Completion of Record Drawings—D&A will obtain all red-lines from the District and prepare the as-built drawings. Task 6d.Meetings with contractors and 5TPUD staff—This task includes time for D&A and the ITRC to consult with contractors and STPUD staff during construction. Task 6e.Verify Proper Irrigation System Specifications—This task includes time for ITRC to verify the irrigation system specifications following construction. Any changes make during construction will be incorporated into the final farm management plan. ITRC staff will attend 1 pre-bid walkthrough and 6 site review visits during construction. Task 6f.Year 1 Monitoring&Reporting—This task includes time for ITRC to assist District staff with preparing protocols, spreadsheets, and a monitoring program to complete the Annual Summary Report, Annual Cropping Report, and Authorized Disposal Site Monitoring Reports for Year 1, as required under Items IIIA, IIIB, and IIIC of the District's Monitoring and Reporting Program No. 2011-0061 requirements. Place on- hold for ask 7 — Project Management and Coordination further deliberation; &A will manage the overall efforts of the team and coordinate with all sub-consultants,the Staff istrict's hydroelectric engineer(Sunrise)and District staff. This task includes efforts for overall recommends anagement and coordination for the remainder of the project. that the Board not ask 8 —As directed task authorize Task 6f. his task includes a budget of$20,000 to be used on a time and materials basis for additional under this sks beyond the scope items presented above. 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W o O c O O m ' m w m m m v ' m m m i m C o�i � $m w a�i o m i � � `-� m o m o�i a a � � o � ,`oa 4 t E � � v `o_ a ? ` c m� o � � N �o E ' +- S $8 s E a �ti a�.�-.c� m c o y `n m `° m �c E a w � o Y� ccmo � �� E � n � � o 0 aE C o S a � € Ev�m o � v` m� v 10F�i o ia a� a q � �w �� c c m a�Ot �� c � a o o `o n � �'o �� vqqa ol�- g _ ■o �- E '„ � 0 m � LL � ��i � c 3'E f o y c t� � c 27LL�t 3a 888 �C�N 'E�C c�€ c o 3 n` y � o �.� `o, � o y E E C o° 7 e a � �a C m C a-� y� e o � �U a � a Q Q c p o 0 0� 1 r q m LL LL m a C LL m�N �� O � � U � O E� a � a m J o 9 � � �c TO . . � - p .� � v m �v � 5 '+ � e o w.c n � o o L� m 'o 0 o m o m " m E � Y �' Y� � Y Y R F IL Y d 2' Y LL' K 2'�1 Y Y� F V • s= i m a i o � �a d i a a i d a o d o i > w 9 O P � O Q F W f N N F K F Y T O F N in N N F aD (O!O ID(O F O F Q F U Q General Manager �� Richard H.Solbrig � • 1$.�'�0 s w LL � � ( ��` I"1 /� /'� Director5 �� f""� ChriS Cefalu ��! �% ��Ji L/ �..% James R.JoneS �� • � Randy Vogelgesang �ub[�c Ut�fity D�5-Gric-� KellySheehan Eric Schafer 1275 Meadaw CreSt Drive•South Lake Tahoe•CA 9615�-7401 Phorre 53U 544�-6474•Fax 530 541-06i4•www.5tpud.us BOARD AGENDA ITEM 4e TO: Board of Directors FROM: Randy Curfis, Manager of Field Operations MEETING DATE: September 4, 2014 ITEM- PROJECT NAME: AI Tahoe Pump Station Pump No. 2 Reb�ild REQUESTED BOARD ACTION: Authorize payment to All Electric in the amount of $17,789.82, for complete rewind and pump rebuild of AI Tahoe Pump Station Pump No. 2. DISCUSSION: The AI Tahoe Sewer Pump Station experienced numerous power flickers and outages a few weeks ago while in service. Lightning strikes had hit nearby, possibly affecting the electrical surge and contributing to the motor going to ground and burning up pump windings. AI Tahoe Pump Station is the highest GPM flow station in the District's collection system with three 90 horse power pumps, and it is best to have all pumps operational. The pump was driven out to All Electric Motors, who has proven their expertise and fairness in repairing other motors for the District through the years. It is not practical to send the damaged pump to various vendors for analysis and quote which is the usual procedure for most orders over $10,000. The pump and motor were completely rebuilt with new bearings and seals, and motor rewound and lacquered dipped. SCHEDULE: ASAP COSTS: $17,789.82 ACCOUNT NO: 1002-6051 BUDGETED AMOUNT AVAILABLE: $23,327 ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES 1 NO General Manager Richard H.Solbrig � • 19�s �y. /'1 �"�` /'� /'1� Directors `�� j `� ChriS Cefalu JameS R.Jones �+ �~ �'u b I i c U ti i i�� n i 5tri�-� �ndy Vogelgesang Kelly 5heehan Eric 5chafer 1275 Meadow Crest Drive•Soutfz Lake Tahoe•CA 96150-7401 Phone 53D 544-64-74•Fax 530 541-06�4•www 5tpuct.u5 BOARD AGENDA ITEM 4f TO: Board of Directors FROM: Richard Solbrig, General Manager MEETING DATE: September 4, 2014 ITEM- PROJECT NAME: Association of California Water Agencies (ACWA) Region 3 Board of Directors Nomination REQUESTED BOARD ACTION: Adopt Resolution No. 2960-14 nominating Dennis Cocking to the ACWA Region 3 Board of Directors. DISCUSSION: ACWA requires a Board Resolution in order to accept the nomination of Dennis Cocking to the ACWA Region 3 Board of Directors. SCHEDULE: COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: Resolution No. 2960-14 CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -23- 1 RESOLUTION NO. 2960-14 2 3 A RESOLUTION BY THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT PLACING 4 IN NOMINATION DENNIS COCKING AS A MEMBER OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES 5 REGION 3 BOARD OF DIRECTORS 6 7 WHEREAS, the Board of Directors of the South Tahoe Public Utility District does encourage and supporf the participation of its members in the affairs of the Association $ of California Water Agencies (ACWA); and 9 WHEREAS, Dennis Cocking has indicated a desire to serve as a Board Member of 10 ACWA Region 3; 11 NOW,THEREFORE BE IT RESOLVED that the Board of Directors of the South Tahoe �2 Public Utility District: 13 1. Does place its full and unresenred support in the nomination of Dennis Cocking as a Board Member of ACWA Region 3. 14 15 2• Does hereby determine that the expenses attendant with the service of Dennis Cocking as a Board Member of ACWA Region 3 shall be borne by the South 16 Tahoe Public Utility District. �7 WE, THE UNDERSIGNED, do hereby certify that the above and foregoing �$ resolution was duly and regularly adopted and passed by the Board of Directors of the South Tahoe Public Utility District at a regular meeting d�ly held on the 4th day of 19 September, 2014, by the following vote: 20 21 AYES: 22 NOES: 23 ABSENT: 24 25 26 Eric Schafer, Board President 27 28 ATTEST: 29 Melonie Guttry, Clerk of the Board 30 -25- General Manager Richard H.5olbrig s'-- 1950 i �� "'�w�. /'1 ( ,� ^ /"'t /^y Directors �� `'f `� l.f ChriS Cetalu JameS R.JoneS �� ~`� pub�ic Uti[it�r DiStric� RandyVogelge5ang Kelly 5heehan Eric 5chafer 1275 Meadow Crest Drive•Sauth f..ake Tahoe•CA 96150-740t Phone 530 544�-64-74•Fax 530 541-0614•www.5tpud.u5 BOARD AGENDA ITEM 4g TO: Board of Directors FROM: Richard Solbrig, General Manager MEETING DATE: September 4, 2014 ITEM- PROJECT NAME: Association of California Water Agencies (ACWA) Region 3 Federal Affairs Committee Nomination REQUESTED BOARD ACTION: Adopt Resolution No. 2961-14 nominating Dennis Cocking to the ACWA Region 3 Federal Affairs Committee. DISCUSSION: ACWA requires a Board Resolution in order to accept the nomination of Dennis Cocking to the ACWA Region 3 Federal Affairs Committee. SCHEDULE: COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: Resolution No. 2961-14 CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES � NO CHIEF FINANCIAL OFFICER: YES NO -27- 1 RESOLUTION NO. 2961-14 2 3 A RESOLUTION BY THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT PLACING 4 IN NOMINATION DENNIS COCKING AS A MEMBER OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES 5 REGION 3 FEDERAL AFFAIRS COMMIITEE 6 7 WHEREAS, the Board of Directors of the South Tahoe Public Utility District does encourage and support the parficipation of its members in the affairs of the Association 8 of Califomia Water Agencies (ACWA); and 9 WHEREAS, Dennis Cocking has indicated a desire to serve as a Federal Affairs 10 Committee Member of ACWA Region 3; 11 NOW,THEREFORE BE IT RESOLVED that the Board of Directors of the South Tahoe �2 Public Utility District: 13 1. Does place its full and unreserved support in the nomination of Dennis Cocking 14 Qs a Federal Affairs Committee Member of ACWA Region 3. 15 2• Does hereby determine that the expenses attendant with the service of Dennis Cocking as a Federal Affairs Committee Member of ACWA Region 3 shall be 16 borne by the South Tdhoe Public Utility District. �� WE,THE UNDERSIGNED, do hereby certify that the above and foregoing �$ resolution was duly and regularly adopted and passed by the Board of Directors of the South Tahoe Public Utility District at a regular meeting duly held on the 4T" of 19 September, 2014 by the following vote: 20 21 AYES: 22 NOES: 23 ABSENT: 24 25 Eric Schafer, Board President 26 2� ATTEST: 28 Metonie Guttry, Clerk of the Board 29 30 -29- �OVTH TAHp� _ - '� ��( �eN'er • 1850 'W'`�i' ��r SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbrig, General Manager Paul Sciuto, Assistant General Manager Eric W.Schafer, President BOARD MEMBERS Randy Vogelgesang, Vice President Chris Cefalu, Director James R. Jones, Director Kelly Sheehan, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT August 7, 2014 MINUTES The South Tahoe Public Utility District Board of Directors met in a regular session, 2:00 p.m., at the District Office, located at 1275 Meadow Crest Drive, South Lake Tahoe, California. ROLL CALL: Board of Directors: President Schafer, Directors Cefalu, Jones, Vogelgesang, Sheehan Staff: Tim Bledsoe, Ivo Bergsohn, Melonie Guttry, Paul Hughes, Attorney Brad Herrema, Chris Skelly, Julie Ryan, Nancy Hussmann, Paul Sciuto, John Thiel Guests: Shane Romsos, Spatial Informatics Group, Wayne Vinciguerra, Vinciguerra Construction CONSENT CALENDAR: Moved Vogelqesana / Second Cefalu / Schafer Yes / Cefalu Yes / Jones Yes / Voqel4esanct Yes / Sheehan Yes to approve the Consent Calendar as presented. a. Computer Equipment for Fiscal Year 2014-2015- Authorized purchase of budgeted computers 8� equipment for the estimated amount of $46,000 (including tax). b. 2014 States Streets Waterline Project- Approved Change Order No. 2 to Gerhardt and Berry Construction (G8�B) for a credit to the District in the amount of $81,203.51 . c. Uniform 8� Linen Service Contract- Authorized a 2-year contract renewal with AmeriPride Uniform Services in an estimated amount of $33,000 per year. d. Tallac Creek Sewer Crossing - Authorized an increase to Purchase Order No. P27374 in the amount of $4,900 for additional engineering services. e. Upper Truckee Marsh Sewer Facilities Protection Project- (1) Approved License No. 2014-0801 LT No. 131 between the State of California, California Tahoe Conservancy (CTC) and South Tahoe Public Utility District (District) to enter onto CTC property in order to implement the Upper -31- REGULAR BOARD MEETING MINUTES-August 7, 2014 PAGE-2 Truckee Marsh Sewer Facilities Adaptive Management Plan (AMP); and (2) Approved payment of License Fee to CTC in the amount of $500. f. Upper Truckee Marsh Sewer Protection Project - Accept the cost proposal from Northwest Hydraulic Consultants (NHC) to provide as-needed engineering and environmental monitoring services through July, 2015, for the Truckee Marsh Sewer Facilities Protection Project (TMSFPP). g. Liability Claim Against South Tahoe Public Utility District from Gary Silvestri - Rejected Claim as recommended by Carl Warren 8� Company. h. Regular Board Meeting Minutes - Approved July 17, 2014 Minutes ITEMS FOR BOARD ACTION: a. Sewer Interfie with Douglas County Sewer Improvement District I-Staff gave a presentation on the project. Moved Cefalu /Second Voqelqesanq /Schafer Yes / Cefalu Yes/Jones Yes / Vogelgesanq Yes / Sheehan Yes to agree in concept to an emergency sewer intertie with Douglas County Sewer lmprovement District I (DCSID), and authorized staff to develop an agreement for the Board's approval with DCSID to construct an emergency sewer intertie. b. Request to Appear Before the Board Received from Fenn (Buck) Barkley, Jr. Concerning Customer's 2" Water Service Line-Staff provided information regarding the customer request and further recommended denying the request as it violates the District's Administrative Code. Moved Schafer / Second Sheehan / Schcafer Yes / Cefalu Yes/ Jones Yes / Voyelgesang Yes / Sheehan Yes to allow the customer to select which size meter he would like installed and will pay the appropriate fees for that size meter. c. Upper Truckee Marsh Sewer Facilities Protection Project - Staff gave an overview of the project bid minor deviations. Moved Voaelctesanq / Second Schafer / Schafer Yes / Cefalu Yes/ Jones Yes /Vogelqesanq Yes /Sheehan Yes to (1) Waive minor bid deviation; and (2) Award Bid to lowest responsive, responsible bidder, V8�C Construction, Inc., in the amount of $659,246. d. Management Position Vacancies - Richard Solbriq provided information on several position vacancies including the current Land Application Manager position vacancy and the Assistant General Manager position becoming vacant soon. In addition, the District Public Information Officer position was divided between the General Manager managing the outreach portion and the Assistant General Manger managing the legislative side after the retirement of Dennis Cocking last year. The Land Application Manager position is currently being managed by the Assistant General Manager. The Board directed staff to: • Continue with the division of duties of the Public Information Officer between the General Manager and Assistant General Manager. -32- REGULAR BOARD MEETING MINUTES-August 7, 2014 PAGE-3 • Bring recommendations to the August 21, 2014 Board meeting for search firms to manage the recruitment process for hiring a new Assistant Generai Manager and Alpine County Land Application Manager. • Proceed with bringing a contract forward to the August 21, 2014 Board meeting to contract with Dennis Cocking to provide temporary assistance for legislative affairs and train the new Assistant General Manager in these duties once the new Assistant General Manager is hired. e. Payment of Claims Moved Voqelgesang / Second Sheehan / Schafer Yes / Cefalu Yes/ Jones Yes /Vogelqesan4 Yes / Sheehan Yes to approve Payment of Claims in the amount of $2,243,931.93. STANDING AND AD-HOC COMMITTEE REPORTS: Nothing to report. BOARD MEMBER REPORTS: President Schafer encouraged all to review the current ENS Report. EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT: The next meeting is Wednesday, August 13, 2014 at 9 a.m. STPUD staff will give an update on projects that are being funded by EI Dorado County Water. GENERAL MANAGER REPORT: Richard Solbriq gave an update on public outreach efforts. He will prepare a contract for the August 21, 2014 meeting to continue working with Rauch Communications. STAFF/ATTORNEY REPORTS: Staff reporfed on several items: a. Discussions are taking place regarding the City's stormwater operation and maintenance including potential changes to the agreement. This item will be discussed at the upcoming Operations Committee meeting. b. The State Water Resources Control Board adopted emergency regulations on July 28, 2014, and STPUD's current water conservation efforts comply with these regulations. c. The Tahoe Summit is August 19, 2014 and Eric Saperstein will be attending. BREAK AND ADJOURNMENT TO CLOSED SESSION: 3:36 p.m. RECONVENED TO OPEN SESSION: 4:50 p.m. a. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel Existing Litigation re: EI Dorado County Superior Court Case SC20120227 GRCIT Condominium vs. South Tahoe Public Utility District (Filed 10/22/12). No reportable Board action. b. Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel Anticipated Litigation (one potential case). No reportable Board action. -33- REGULAR BOARD MEETING MINUTES-August 7, 2014 PAGE-4 c. Pursuant to Government Code Section 54957(a)/Conference with Labor Negotiators re: Memorandum of Understanding with Stationary Engineers, Local 39. Present at this Closed Session will be Agency Negotiators: Richard Soibrig/General Manager, Nancy Hussmann/Human Resources Director, and Paul Hughes/Chief Financial Officer. No re�ortable Board action. ADJOURNMENT: 4:50 p.m. Eric Schafer, Board President South Tahoe Public Utility District Melonie Guttry, Clerk of the Board South Tahoe Public Utility District -34- yo�TH TqhOF _ : �� e• ��'er . 195� •Ws� �(TLITY SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbrig, General Mcnager Paul Sciuto, Assistant General Manager Eric W.Schafer, President BOARD MEMBERS Randy Vogelgesang, Vice President Chris Cefalu, Director James R. Jones, Directo� Kelly Sheehan, Director SPECIAL MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT August 15,2014 MINUTES The South Tahoe Public Utility District Board of Directors met in a special session, 8:50 a.m., at the District Office, located at 1275 Meadow Crest Drive, South Lake Tahoe, California. ROLL CALI: Board of Directors: President Schafer, Directors Jones, Sheehan, Vogelgesang Staff: Melonie Guttry, Paul Hughes, Nancy Hussmann, Richard Solbrig ADJOURNMENT TO CLOSED SESSION: 8:50 a.m. RECONVENED TO OPEN SESSION: 9:30 a.m. a. Pursuant to Government Code Section 54957(a)/Conference with Labor Negotiators re: Memorandum of Understanding with Stationary Engineers, Local 39. Present at this Closed Session will be Agency Negotiators: Richard Solbrig/General Manager, Nancy Hussmann/Human Resources Director, and Paul Hughes/Chief Financial Officer. No reaortable Board action. ADJOURNMENT: 9:30 a.m. Eric Schafer, Board President South Tahoe Public Utility District Melonie Guttry, Clerk of the Board South Tahoe Public Utility District -35- ypuTH TqMOF` _ ,-�.� � �`�� • 1950 ' �� L��- SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbrig, General Manager Paul Sciuto, Assistant General Manager Eric W.Schafer, President BOARD MEMBERS Randy Vogelgesang, Vice President Chris Cefalu, Director James R. Jones, Director Kelly Sheehan, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT August 21, 2014 � MINUTES The South Tahoe Public Utility District Board of Directors met in a regular session, 2:00 p.m., at the District Office, located at 1275 Meadow Crest Drive, South Lake Tahoe, California. ROLL CALL: Board of Directors: Present: Directors Jones, Sheehan and Vogelgesang Absent: Director Cefalu Excused: President Schafer Staff: Chris Stanley, Nancy Hussmann, Shannon Cotulla, Linda Brown, Tim Bledsoe, John Thiel, Ivo Bergsohn, Julie Ryan, Lynn Nolan, Debbie Henderson, Randy Curtis, Cuz Cullen, Doug Van Gorden, Paul Sciuto, Paul Hughes, Richard Solbrig, Eileen Eidam, Gary Kvistad Guests: Charles R. Goldman, Ph.D., Emeritus Distinguished Professor of Limnology, UC Davis Kay Reed, Lake Tahoe News.net, Wayne Vinciguerra, Vinceguerra Construction, Dave Eggerton, Executive Director, EI Dorado County Water Agency Duane Wallace, Liz Hansen, Lynne Paulson, Shane Romsos, Steve Baugh PRESENTATION: Charles R. Goldman, Ph.D., Professor of Limnology @ UC Davis, gave a presentation on Climate Change and Global Warming. CONSENT CALENDAR: Moved Jones /Second Sheehan / Vo4elqesang Yes / Schafer Excused / Cefalu Absent to approve the Consent Calendar as presented. a. Saddle Keller Waterline Replacement Project Approve Change Order No. 2 to Herback General Engineering in the amount of $20,31 1.52; b. Bijou Area Phase 1 Erosion Control Project Amend Agreement with the City of South Lake Tahoe to provide the relocation of water and sewer utilities; -37- REGULAR BOARD MEETING MINUTES-May 15, 2014 PAGE-2 c. Labor Compliance Program Services � Authorize Task Order No. 1 to Contractor Compliance and Monitoring, Inc. (CCMI) in an amount not to exceed $10,000 for labor compliance program services; d. Capital Outlay Accounts Rollover Authorize staff to direct rollover funds budgeted in 2013/2014 fiscal year to the 2014/2015 fiscal year; and, ' e. GIS Consulting Services 'i Approve Task Order No. 20 in an amount not to exceed $40,010 for geographic information system consulting services for the 2014-2015 fiscal year from Arete Systems. ITEMS FOR BOARD ACTION: I a. Recruitment for Assistant General Manager and Land Application Manager Positions - Richard Solbrig presented information from four executive search firms offering assistance with recruitment efforts for the Assistant General Manager and Land Application Manager positions. Moved Sheehan /Second Jones / Vo4elgesang Yes /Sheehan Yes / Jones Yes /Schafer Excused / Cefalu Absent to approve the contract from Koff and Associates to provide recruitment assistance for the positions of Assistant General Manager and Land Application Manager in the estimated amount of$40,000; b. Legislative Affairs Temporary Assistance -Solbrig discussed the need for a temporary legislative affairs liaison (recommending Dennis Cocking, past District Legislative Liaison and Public Information Officer) due to the deparfure of the Assistant General Manager. Solbrig explained the importance of maintaining momentum with District associations with CASA, ACWA, EDCWA, and the upcoming Washington, DC legislative conference. This would be a temporary contract and only in place until someone is hired and up to speed with legislative affairs as they affect the District. Moved Jones/Second Sheehan / Vogel4esang Yes / Jones Yes / Sheehan Yes /Schafer Excused / Cefalu Absent to approve contract with Dennis Cocking to provide temporary assistance for legislative affairs in an amount not to exceed $40,000. c. Public Outreach Program Assistance-Solbrig discussed the importance of renewing the contract with Rausch Communication Consultants (RCC) for continued public outreach program assistance. RCC would continue to maintain public outreach with District customers, assist with quarterly newsletters, expand involvement with social media and evaluate the District's web site. The public outreach services will be on an add-needed basis only. Moved Sheehan /Second Jones / Vogelctesang Yes / Sheehan Yes / Jones Yes / Schafer Excused / Cefalu Absent to approve contract with Rauch Communication Consultants for assistance with the District's Public Outreach Program in an amount not to exceed $30,000. -38- REGUTAR BOARD MEETING MINUTES-May 15, 2014 PAGE -3 d. Payment of Claims Moved Vogelgesan4 / Second Sheehan / Jones Yes / Voqelgesan4 Yes / Sheehan Yes / Schafer Excused / Cefalu Absent to Approve Payment of Claims in the amount of $879,654.33. STANDING AND AD-HOC COMMITTEE REPORTS: Director Vogelgesang reported that Mr. Trevor Coolidge with the City of South Lake Tahoe (CSLT) attended the Operations Committee Meeting on August 18th. The CSLT would like the District to participate in the development of an MOU (between the District and the CSLT) on the emergency maintenance of the City's stormwater system in the Bijou area. Further discussion will take place at a meeting on September 4th. BOARD MEMBER REPORTS: Nothing to report EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT: An EI Dorado County Water Agency meeting was held last week at the District offices. Director Jones gave updated reports on the Weather Modification for the UNR Desert Research Institute and the Bay Delta Conservation Plan. He also reported on the ACWA Summit and stated there is a meeting planned for early October to include other area utility Districts regarding general water resources. GENERAL MANAGER REPORT: Solbrig gave an update on the Tahoe Summit held at Valhalla on August 19th. He also discussed the results of a private study on fire protection initiated by the Lake Valley Fire Protection District, stating that due to District improvements on waterlines, fire protection ratings have improved, possibly leading to a reduction in fire insurance costs for residents. STAFF/ATTORNEY REPORTS: Sciuto reporfed on several issues: 1) The California Legislature has passed the water bond in the amount of $7.5 billion; 2) Dennis Cocking will resume membership in Sciuto's place on the Legislative and Governmental Affairs Committee with MCWRA as well as a Regional 3 ACWA member; Resolutions will need to be drafted; 3) Ivo Bergsohn is currently serving on the Groundwater Committee for ACWA; and, 4) The District is currently working on a ground water management plan update. BREAK AND ADJOURNMENT TO CLOSED SESSION: 4:00 pm a. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel Existing Litigation re: EI Dorado County Superior Court Case SC20120227 GRCLT Condominium vs. South Tahoe Public Utility District �Fiied �0/22/�2) No reportable Board action. b. Pursuant to Section 54956.9(a)/Conference with Legal Counsel Existing Litigation re: False Claims Act Case: United States, the States of California, Delaware, Florida, Nevada, and Tennessee and the Commonwealths of Massachusetts and Virginia ex rel. John Hendrix v. J-M Manufacturing Company, Inc. and Formosa Plastics Corporation, U.S.A., Civil Action No. ED CVO6-0055-GW, United States District Court for the Central District of California (intervened 02/04/10). -3 9- No reportable Board action. REGULAR BOARD MEETING MINUTES-May 15, 2014 PAGE-4 I c. Pursuant to Section 54956.9(a)/Conference with Legai Counsel- Existing Litigation re: Los Angeles County Superior Court, Case No. BC459943, State of Nevada, et al. v. J-M Manufacturing, et C11 (Intervened 02/04/10). No reportable Board action. d. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel Existing Litigation re: EI Dorado County Superior Court Case SC 20140042 Cynthia Knight, David Klecker vs. South Tahoe Public Utility District (Fi�ed o3/03/�4). No reoortable Board action. I e. Pursuant to Government Code Section 54957(a)/Conference with Labor Negotiators re: Memorandum of Understanding with Stationary Engineers, Local 39. Present at this Closed Session will be Agency Negotiators: Richard Solbrig/General Manager, Nancy Hussmann/Human Resources Director, and Paul Hughes/Chief Financial Officer. No re�ortable Board action. RECONVENED TO OPEN SESSION: 4:55 pm ADJOURNMENT: 4:55 pm Eric Schafer, Board Member South Tahoe Public Utility District Eileen Eidam, Assistant Clerk of the Board South Tahoe Public Utility District -40- 6eneral Manager Richard H.5olbrig � • 1950 • W � � O � V a o e Director5 ChriS Cefalu JameS R.Jonee � pu b I i c U ti I ity D i 5tri ct �ndy Vogelge5ang Kelly 5heehan Eric 5chafer 1275 Meadow Crest Drive•South Lake Tahoe•CA 96150-7401 I'hone 530 544-6474•Fax 530 541-0614•www.stpud.u5 BOARD AGENDA ITEM 6a TO: Board of Directors FROM: Nancy Hussmann, Human Resources Director MEETING DATE: September 4, 2014 ITEM-PROJECT NAME: Memorandum of Understanding between Stationary Engineers, Local 39, and South Tahoe Public Utility District REQUESTED BOARD ACTION: Adopt Memorandum of Understanding between Stationary Engineers, Local 39, and the South Tahoe Public Utility District for a contract term of July 3, 2014 through June 28, 2017. DISCUSSION: The current Memorandum of Understanding between the parties expired on July 2, 2014. The parties conducted twelve negotiating sessions and reached agreement on August 20, 2014. Charlie Solt, Business Representative, conducted a Union meeting on Tuesday, August 26, 2014, to inform the membership of the Tentative Agreement that had been reached. The Union members ratified the new Agreement by an official vote at the August 26, 2014 meeting. The next step in the process of finalizing the labor contract is for the Board to adopt the Memorandum of Understanding for the term of July 3, 2014 through June 28, 2017. SCHEDULE: Inform Union of Board adoption of Memorandum of Understanding COSTS: ACCOUNT NO: BUDGETED AMOUNT AVAILABLE: ATTACHMENTS: Redline version of Memorandum of Understanding CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water and Sewer GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -41- MEMORANDUM OF UNDERSTANDING �.�vuir��.��1.�— ��., 9 9n�A r � July 3, 2014 —June 28, 2017 SOUTH TAHOE PUBLIC UTILITY DISTRiCT AND , INTERNATIONAL UNION OF OPERATING ENGINEERS STATIONARY LOCAL 39 AFL-CIO 1 TABLE OF CONTENTS SECTION TITLE PAGE Memorandum of Understanding � 1 Recognition � 2 Administration � 3 Union Representation � 4 Definitions 5 5 Types of Employees g 6 Supervisors' Rights and Responsibilities g 7 Employment g 8 Employment of Relatives g 9 Promotion g 10 Reinstatement g 11 Fitness for Duty Exams g 12 Assignments Requiring Motor Vehicles 10 13 Uniforms 10 14 Employee Training 11 15 Certification Reimbursement Program �2 16 Educational Reimbursement Program 13 17 Performance Evaluations 13 18 Code of Conduct 14 19 Disciplinary Procedure 15 20 Layoff 17 HOURS OF WORK 21 Hours of Work �g 22 Standby and Emergency Assignments �g 23 Rest Periods 22 24 Lunch Period 22 COMPENSATION 25 Salary Step Upon Appointment to a Class 22 26 Merit Increases in Salary Step 24 27 General Salary Adjustments 25 28 Out-of-Class Salary Adjustments 26 29 Premium Pay 27 30 Overtime 28 31 Payment of Salary 28 EMPLOYEE BENEFITS 32 Employee Benefits 30 33 Holidays 34 34 Vacation Leave with Pay 35 35 Sick Leave with Pay 37 36 Industrial Accident Leave 40 37 Leaves of Absence 41 2 38 Bereavement Leave 42 TABLE OF CONTENTS SECTION TITLE PAGE 39 Jury Duty Leave 43 40 Military Absence 44 41 Absence Without Leave 44 42 Grievance and Arbitration Procedure 44 TERMS OF MEMORANDUM OF UNDERSTANDING 43 Management Rights 46 44 Entire Agreement 47 45 Separability of Sections 47 46 Term of Agreement 48 47 No Strike Agreement 48 EXHIBITS A. Annual Salary Resolution �, B. Flexible Work Schedule Agreement � C. Agreement Implementing Section 29.B. of the MOU � D. Study Implementation ' E. Grievance Form 3 MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING is made and entered into by and between the SOUTH TAHOE PUBLIC UTILITY DISTRICT, hereinafter referred to as the "District", and the INTERNATIONAL UNION OF OPERATING ENINGEERS, STATIONARY LOCAL 39, AFL-CIO, hereinafter referred to as the "Union", and has as its purpose the promotion of harmonious labor relations between the District and the Union; establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rate of pay, hours of work, and other conditions of employment. SECTION 1. RECOGNITION A. The District recognizes the Union as the exclusive negotiating agent for all employees, except management and confidential employees. The term "employee" or"employees" as used herein shall refer only to employees employed by the District in the classifications listed in Exhibit A- "Salaries and Classifications". B. Nothing in this article shall preclude employees from exercising their individual rights under State law. SECTION 2. ADMINISTRATION A. The General Manager shall be responsible for the administration of this Memorandum of Understanding, except as specifically provided herein, and shall specify such administrative procedures, forms, records, reports, and audits he/she deems necessary for proper administration of the Memorandum. The General Manager may assign to other District employees such duties in connection with this Memorandum as he/she ' deems proper and expedient. B. Except as specifically provided herein, the General Manager shall be responsible for the proper application of the provisions of this Memorandum, and he/she or such person as he/she may designate shall rule on the application of the provisions of this Memorandum which are within the scope of his/her authority. C. It shall be the duty of the General Manager to keep, or cause to be kept, accurate records of the application of this Memorandum. SECTION 3. UNION REPRESENTATION A. Union Securitv 1. Each Employee covered by this Memorandum shall either acquire or maintain membership in the Union or shall be required as a condition of employment, beginning on the 31St day following the beginning of such employment or the effective date of this Memorandum of Understand, to pay the Union a service fee in an amount not to exceed the costs of administration of this Memorandum and the representation of the employee for the duration of this agreement. 1 2. Notwithstanding the foregoing, in accordance with Government Code section 3502.5(a), any Employee who is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support the Union as a condition of employment. Such Employee shall, in lieu of the service fee, pay sums equal to the service fee to a nonreligious, non-labor charitable fund exempt from taxation under Section 501(a)(3) of the Internal Revenue Code chosen by the Employee. Proof of such payments shall be made on a monthly basis to the District as a condition of continued exemption from the service fee or membership requirement. 3. The Union shall keep records as required by Government Code section 3502.5(d) and shall make available annually to the District and to its members, within 60 days of the end of its fiscal year, those reports required by Government Code section 3502.5(d). 4. The Union agrees to accept new Employees into membership at an initiation fee not in excess of that established by its bylaws. 5. The District agrees to advise new Employees of the existence of this Memorandum of Understanding. 6. Objections to Agency Fee A. An Employee who is subject to the payment of an agency fee hereunder shall have the right to object to any part of that fee payable by him or her which is claimed to represent activities which are not germane to collective bargaining activity and/or that he/she claims to represent expenditures by Union that are in aid of activities or causes of a partisan political or ideological nature and/or that are applied toward the cost of benefits available only to members of the Union and/or that are utilized for expenditures that are not necessarily or reasonably incurred for the purpose of performing the duties incident to meeting and conferring or administering this Memorandum of Understanding. B. The Union shall provide non-Union members of the bargaining unit with a statement reflecting the expenditures of the Union, specifically setting forth activities which are germane to the representation of the bargaining unit and upon which the agency fee is based, and the amounts expended on these activities and the other financial information discussed below, and the right of the non-Union member to object to the amount of that fee, including a copy of the administrative appeals procedure described below. The Union must have given sufficient explanation of the basis for the agency fee to objecting Employees to allow them to gauge the p�opriety of the agency fee. This information must be updated by the Union and provided to Employees of the District and the District at least annually. Financial information must itemize and adequately describe all categories of expenses. The information must be verified as accurate by a qualified, independent auditor. The financial information must include the Union's local expenditures as well as a verified apportionment of each of the chargeable and non-chargeable activities of such county, state, national or international organization(s) with which the Union is directly or indirectly affiliated and to which the Union transmits a portion of its dues and/or agency fee funds. 2 Information contained in the aforementioned package shall be consistent with the provisions of this section and shall be developed, paid for, and distributed to the District and non-Union members of the bargaining unit by Stationary Engineers Local 39. C. Union shall make available, at its expense, an expeditious and impartial administrative appeals procedure to Employees who object to the payment of any portion of the agency fee. Employees may avail themselves of this procedure within thirty (30) days of the Union providing any statement of information about expenditures as set forth in paragraph B above. Such a procedure shall provide for a prompt decision to be made by an impartial decision maker jointly selected by Union and the objecting Employee(s). A copy of such procedure shall be provided by the Union to the District and to any Employee who is alleged to have the obligation to pay agency fees hereunder. D. During the pendency of the resolution of any objection by an Employee to the payment of any portion of the agency fee, the objecting Employee shall be obligated to any agency fees pursuant to the terms of the Memorandum of Understanding; however the Union must establish an escrow account into which the amounts reasonably in dispute shall be deposited during the pendency of the challenge(s) of objecting Employee(s). E. Reauirement while on Leave of Absence No Employees covered by this provision shall be required to pay any dues, fees or charitable contributions during any unpaid leave of absence of thirty (30) days duration or longer, if said Employees are on said leave due to exhaustion of all paid leave benefits for which the Employee is eligible from the Agency. F. Indemnification The Union agrees to indemnify, defend and hold the District harmless against any claims made of any nature and against any suit instituted against the District arising from its check-off for the dues and/or contribution to a charity, insurance, or benefit programs of the Union, and shall pay any judgments against the District as a result of any such claims or suits. G. Reaular Part-Time Emplovees 1. Regular part-time employees who are employed for a period of not less than eighty (80) hours monthly shall become covered under this Agreement. The District shall not hire or utilize regular part-time or temporary employees to fill a full-time position for the sole purpose of saving money on wages and/or benefits. 2. The intent of this language is to provide security for regular full-time Employees by not allowing the District to fill full-time positions with any combination of part-time and/or temporary employees, except as allowed by other parts of this Agreement. 3 3. The District agrees to consider regular full-time Employees for the assignment of duties before assigning regular part-time or temporary employees such duties, as long as the efficiency of the District is not adversely impacted. B. Shop Stewards' Riqhts and Responsibilities 1. The District recognizes and agrees to work with designated Stewards and representatives of the Union on all matters relating to the interpretation, application, enforcement or grievance of the express terms of this Memorandum. 2. There may be up to six (6) Stewards designated to represent the following areas: Administration, Plant Operations, Pumps/Lab, Underground Repair, Heavy Maintenance/Equipment Repair/Electrical/ Diamond Valley, and Supervisors. When Stewards are designated, the Union Business Representative will provide a letter to the General Manager notifying him/her of the appointment(s) and shall furnish the District with a list of same. 3. No Shop Steward can be forced to act as Steward, or representative by the District or the members. Stewards will not be recognized by the District until such a list is received by the General Manager. 4. Typical duties of the Shop Steward(s) may include: a. Contacting the Business Representative if any condition or situation which has caused or is likely to cause a breakdown in the usually harmonious relationship with the District. b. Serving as the usual primary point of contact between the Union (specifically the Business Representative) and the members. c. Keeping the Union Business Representative informed of any developing conditions or concerns. d. Representing members in employee-management meetings and advising the members in the areas they represent. e. Representing members at Safety Meetings if so designated by the Union Business Representative and advising the members in the areas they represent. f. Representing members at Insurance Committee Meetings if so designated by the Union Business Representative and advising the members in the areas they represent. g. Representing members at Contract Negotiations if so designated by the Union Business Representative. h. Upon the request of the aggrieved Employee and the Business Representative, all Stewards may investigate grievances provided it is in their 4 assigned area of responsibility and may assist in its presentation. There is no specific time limitation as to the investigation; however if more than an hour is necessary, the Union Business Representative would customarily be contacted to conduct the investigation. 5. The Steward has no independent authority to seek adjustments of violations of this MOU, the International Constitution or Bylaws, or to collect any money due or payable to the Local Union from any member of applicant for membership. 6. Shop Stewards should notify their supervisor of time needed beyond 15-minutes for Union-related activities, keep track of the time spent on Union related activities and contact the immediate supervisor of any additional time needed beyond initial release time. At the request of the Union, a Steward may be allowed reasonable time off without loss of pay to represent the Union in meetings with representatives of the District. Such time off shall be subject to prior notification and approval as provided above. 7. It shall be the responsibility of all Stewards to discuss first with the appropriate manager any question regarding interpretation of application of this Memorandum prior to filing a formal grievance. 8. Th,e Union Business Representative should be contacted prior to the District conducting an investigation after Weingarten Rights have been invoked. 9. Shop Stewards may not represent members in disciplinary actions. It is the Union Business Representative who should represent the member in any Skelly Hearing. 10. Other than to use e-mail for District-related Union business, Shop Stewards shall follow the provisions of the District's Personal Computer Policy. SECTION 4. DEFINITIONS For the purpose of this Memorandum of Understanding, certain words and phrases are hereby defined as follows: A. Alternative Work Schedule Any schedule which involves a variation of the regular work schedule for a total of an average of 40 hours per week. B. Class/Classification Any classified or unclassified position as described in the applicable job description. C. Classification Series Any classified or unclassified group of positions identified by the same title. D. � A calendar day. E. Demotion A change in position to a position with a lower range. F. Fringe Benefits Holidays, sick leave, vacation, health and welfare benefits, deferred compensation plan(s), flexible benefits plan and retirement benefits. 5 G. General Manager The person having the lawful authority to appoint or to remove persons from positions in the District service, and to designate persons to perform those duties which legally may be delegated. H. Hourlv Rate The amount of individual compensation for a full hour's service, which either is computed by dividing monthly salary by the number of working hours in a month or is specifically established in the Annual Salary Resolution. I. Monthly Salarv The amount of individual compensation for a full month of service, which is established specifically in the Annual Salary Resolution. J. Promotion A change in position to a position with a higher range. K. Range A sequence of salary steps used to identify the minimum, maximum, and intermediate salary rates which may be paid to employees within a class. L. Regular Emplovment Date For Employees hired on or after July 1, 1993, the Regular Employment date is the date an Employee becomes a regular or probationary Employee occupying a permanent position. The Regular Employment Date for all Employees hired before July 1, 1993 shall be the accrual date on payroll records as of June 30, 1993. M. Reqular Work Schedule Eight hours per day, five days per week. N. Scale The rate of compensation, for a class, which is established specifically in Exhibit A. O. Step One of the salary rates identified in the Annual Salary Resolution by the letters A, B, C, D, E, F, G, and H, which are used to identify the specific compensation of an employee within the established range for the class. P. Transfer Movement to a position with the same range. Q. Work Dav A regular business day from 8:00 a.m. to 5:00 p.m., Monday through Friday. R. Y-Rate A monthly salary rate, for an individual Employee, which is greater than the established range for their class. SECTION 5. TYPES OF EMPLOYEES A. Classified Emplovees All Employees filling positions within the approved table of organization that are responsible to the General Manager rather than the Board of Directors. B. Confidential Emplovees The following positions shall be considered confidential and are excluded from the bargaining unit: General Manager/Engineer Assistant Manager/Engineer Executive Services Manager Engineering Department Manager Public Information Officer Principal Engineer 6 Human Resources Director Senior Engineer Accounting Manager Manager of Plant Operations Information Systems Manager Manager of Land Application Purchasing Agent Manager of Field Operations Customer Service Manager Hydro-geologist Laboratory Director C. Full-Time Emqloyee Employees who regularly work at least an average of 40 hours per week. D. Part-Time Emplovees Any regular or temporary employees who work less than full time. Regular part-time employees will accrue sick leave, vacation and holiday pay on a proportional basis. Part-time regular employees may work longer than 40 hours per week on a case-by-case basis, with the approval of the General Manager, to fill in for a regular Employee who is on leave, for limited training, or for extraordinary special projects. E. Probationarv Emplovee Those persons employed for a classified position, but who have not been in District service for a consecutive six-month period. Alt new Employees shall serve as Probationary Employees for the first six months of their employment. Completion of a satisfactory probation period is mandatory before becoming a permanent Employee. During this time, the Employee must demonstrate they can and will perform the duties of the position satisfactorily. It is the responsibility of the Employee's supervisor to give them proper orientation and training during this period. The supervisor is also to rate their performance, and if unsatisfactory, to dismiss them before the Employee is given a permanent position with the District. F. Reqular Employee Any Employees who have completed a probationary period and who occupy a permanent position, whether part-time or full-time, established in accordance with the Annual Salary Resolution, in a class which is intended as a ; permanent employment; and any regular Employee who temporarily transfers to a ' temporary position. G. Temporary Emplovee Those employees who are employed for a period not to �, exceed 180 continuous days. Temporary Employees may work in excess of the 180 ' day term of employment on a case-by-case basis, with the approval of the General Manager, if filling in for a full-time Employee who is on leave or in training. Temporary Employees are not entitled to fringe benefits. H. Limited Term Employee Any Employee(s) who have completed a probationary period and who occupy, either full-time or part-time, a Limited Term Position, as established in Exhibit A— "Salaries and Classifications", and any Regular Employee who temporarily transfers to a Limited Term Position. Said Limited term Employee shall be required to satisfactorily complete a six-month probationary period. If probation is not satisfactorily completed, Limited Term Employee will be able to return to previously held position at the District. 7 SECTION 6. SUPERVISORS' RIGHTS AND RESPONSIBILITIES A. Trainin Supervisors shall be provided initial professional training of at least 40 hours or equivalent in the Principles of Supervision within 18Q days of initial hire or promotion date. Additional training, either professional or in-house, shall be provided at least once per year. B. Disciplinary Resqonsibilities Except as otherwise specifically provided in this MOU, Employees in Supervisory classifications covered under this Agreement may discipline subordinates alone, up to the level of a written warning. The District shall provide management level staff to perform discipline beyond the written warning level, with Supervisor assistance. Supervisors shall not be required to perform discipline on a subordinate at a place other than District property, unless special conditions warrant. SECTION 7. EMPLOYMENT A. It is the policy of the District that its Employees shall be selected on the basis of education, experience, skill, fitness, merit and efficiency. The District is an Equal Opportunity Employer. Job openings are to be anticipated and well publicized throughout the District so that qualified Employees and others will have full opportunity ,to present applications for consideration. Employment shall be the responsibility of the General Manager, and he/she shall prescribe such tests and examinations for job positions as he/she deems appropriate. B. .Job openings shall be posted for a minimum of one week within the Plant. Internal candidates are defined as Regular full-time, Regular part-time, or Limited Term Employees. At the General Manager's discretion, said posting may be prior to or concurrent with advertisement to the general public. The Manager hiring for a position in the Bargaining Unit will generally recruit externally and internally concurrently, except the Manager will have the discretion to forego the external advertising and proceed with the recruitment process with internal candidates. SECTION 8. EMPLOYMENT OF RELATIVES A. Relatives of present Employees may be hired by the District only if: 1) the individuals � concerned will not work in a direct supervisory relationship, and 2) the employment will not pose difficulties for supervision, security, safety or morale. "Relatives" are defined as spouses, children, sisters, brothers, mothers, or fathers, and persons related by marriage. � B. Present Employees who marry, or who become related by marriage after July 1, 1996, will be permitted to continue employment with the District only if they do not work in a direct supervisory relationship with one another, or otherwise pose difficulties for supervision, security, safety, or morale. C. If employees who marry, or who become related by marriage, do work in a direct supervisory relationship with one another, the District will attempt to reassign one of the 8 � Employees to another position for which he or she is qualified, if such a position is available. If no such position is available, then one of the Employees will be required to leave the District. The decision as to which Employee will leave is left to the involved Employees. If the involved Employees refuse to decide which Employee will leave the District, the District may determine which Employee will leave based upon the needs of the District, and considering seniority, training requirements and other pertinent factors. SECTION 9. PROMOTION A. The relative merit of applicants for appointment to, or promotion within, the classified service shall be determined by examination. Examinations will include consideration of any or all of the following factors: education, experience, knowledge, skill, special aptitude, general adaptability, personal characteristics, physical fitness, promotability, and other such qualifications as are considered necessary by the General Manager for , the satisfactory performance of work of the classification being examined. Examinations may consist of written tests, performance tests, evaluation of qualifications, oral examinations, interviews and assessments of the applications submitted. B. If a selection interview board is appointed for the purpose of considering the merits of applicants, it will include a District management level employee and an individual outside the District experienced in the work area being considered, barring any unforeseen circumstances. Said selection interview board will make recommendations to the General Manager. C. Any Regular Employee who is promoted to a higher level position in the District shall serve a six-month probationary period in the new position. If such Employee fails to satisfactory complete the probationary period in the new position, the Employee shall have the right to return to his/her previous position in which he/she held regular status. 'I D. Any probationary Employee may be rejected at any time during the probationary period. Rejection during the probationary period shall result in termination of employment by the District, except in promotional situations as set forth above. SECTION 10. REINSTATEMENT Any regular Employee who has resigned while in good standing, may, at the discretion of the General Manager, be reappointed to any position in the same class where there is a vacancy. SECTION 11. FITNESS FOR DUTY EXAMS A. Any Employee may be required to submit to a medical and/or psychological examination whenever, in the sole and exclusive judgment of the General Manager or his/her designee, there is a need to determine whether an Employee is still able to perform the essential functions of his/her job, or is unable to perform the essential functions of his/her job safely or without posing a danger to himself/herself or others Said examination(s) shall be conducted by a physician designated by the District and any cost for such examination(s), beyond that covered by health insurance, shall be paid by District. In accordance with applicable state and federal disability laws, the District may 9 obtain job-related medical or psychological information that allows the District to determine the effects of the condition on the Employee's ability to perForm the essential functions of his/her job, and/or perform those functions without posing a direct threat to the safety of the Employee or others, with or without reasonable accommodation. B. All Employees in positions for which the job duties require the use of self-contained breathing apparatus and/or commercial driver's license shall be required to submit to job-related medical examinations as required by law. C. Employees who, in the opinion of the designated physician, are physically or mentally incapable of ineeting essential requirements of their position even with reasonable accommodation, are subject to transfer or reassignment to non-promotional positions, the essential functions of which the designated physician indicates the Employee may safely perform without posing a danger to himself/herself or others, and for which the Employee meets the minimum qualifications. If, after engaging in any required interactive process, the General Manager determines that no reasonable accommodation can be made nor can transfer or reassignment to a position for which the Employee is physically and mentally qualified be made, the Employee may be medically separated for inability to perForm the essential functions of the position. SECTION 12. ASSIGNMENTS REQUIRING MOTOR VEHICLES A. Whenever it is necessary for Employees to use a motor vehicle in the performance of assigned duties, they shall have such vehicle furnished to them or they shall be compensated for the use of their personal vehicle at a rate for mileage established by the District. B. No Employee shall use a District vehicle or claim compensation for mileage, except in connection with the performance of official District business. C. Employees shall be assigned duties requiring use of motor vehicles, in accordance with the motor vehicle code and other applicable laws. D. Seat belts, which are furnished in District vehicles, shall be properly used, and by this Memorandum of Understanding, every Employee is fully informed of this requirements. Employees using personal vehicles shall be required to have and use seat belts at all times when using such vehicles on District business in accordance with California laws. Failure to use seat belts shall be cause for discipline. E. All Employees who are required to maintain a valid driver's license in accordance with I their job description, shall maintain their insurability at all times. If an Employee is required to drive as part of his/her job duties, lack of insurability shall be cause for discipline. ' SECTION 13. UNIFORMS A. When required for convenience and benefit of the District, Employees may be required to wear uniform clothing as specified by the General Manager. 10 B. The General Manager may authorize the provision or partial provision for such clothing and/or the cleaning and maintenance of such clothing. C. All clothing provided by the District shall be returned to District on termination of employment. Any Eemployee who loses uniform in laundry shall report such loss to Accounts Payable within five (5) days of such loss. SECTION 14. EMPLOYEE TRAINING It is the policy of the District to encourage and facilitate a program of training in the interests of Employee efficiency and as an aid to qualifying Employees for advancement. The General Manager may take any of the following steps to develop and facilitate training programs. A. Give counsel and advice to Employees, when requested, and information regarding � possibilities of advancement in their field of work, and suggest any additional training of �� value. ' B. Develop and establish mandatory and voluntary training programs for Employees, � including supervisory personnel. C. Promote Employee training programs sponsored by educational institutions. D. Record the completion of training programs on the Employee service record. E. For management approved training programs that Employees attend, compensation shall be the appropriate rate for the actual training time and actual travel time. F. Any Employee may participate in special educational and training programs with District approval. G. Such assignments shall be limited to programs which are directly related to the District and which provide knowledge and ability which cannot reasonably be provided on the job. H. All training assignments conducted outside District facilities or which include a District payment for tuition, registration fees, transportation, or other costs, shall be approved in advance by the General Manager. I. All training assignments expenses shall be recorded and/or reported in the manner prescribed by the General Manager. The District shall pay the full cost of all tuition, examinations, and books in accordance with District policy. J. Whenever Employees are ordered or authorized to travel for approved training, they shall be compensated for the necessary travel expenses including transportation, lodging, and meals in accordance with District policy. K. The District shall fix maximum allowable travel expenses which shall apply, uniformly, to all bargaining unit Employees. 11 SECTION 15. CERTIFICATION REIMBURSEMENT PROGRAM A. The District will pay for job-required mandatory certifications and their renewal, licensing and their renewal, and Continuing Education Units required to maintain certification(s) as follows: Expenses that will be covered are: 1. Travel Time 2. Travel Expenses 3. Employee Time during class or exam 4. Certification Preparation Class 5. Certification Test for an unlimited number of times for mandatory certifications. B. The District will pay for approved advanced level or out-of-classification certifications and their renewal as follows: Expenses that will be covered are: 1. Travel Time 2. Travel Expenses 3. Employee Time during class or exam 4. Certification Preparation Class � 5. Certification Test, up to three attempts, pass or fail for above level or out-of- classification certifications. C. Wastewater Oqerator Certification ; Plant Operator I shall receive a five percent (5%) salary adjustment upon receipt of California State Water Resources Control Board Grade II Wastewater Treatment Plant Operator Certification. Plant Operator I's that skip the Grade II exam and pass the Grade III exam will get a minimum of a 10% increase when moving to the Operator III position. D. New Employees shall have two years from date of hire (unless otherwise specified in their job description to obtain either the State or District-required certification and/or proficiency requirements. If required certification/proficiency is not obtained within the allotted time period, the Employee shall be terminated from employment with the District. E. Existing Employees whose classification requires a certification level and/or proficiency requirement higher than the level they possess as of June 26, 2008, shall have twenty- four (24) months from June 26, 2008 to obtain the required level of certification and/or proficiency. In addition, existing Employees who are due for a promotion to the next higher level in the series, may promote to that next higher level, but must also obtain the required level of certification within twenty-four (24) months from June 26, 2008. If the required level of certification is not received by June 23, 2010, the Employee shall be "redlined" and receive no salary adjustments or cost of living increases until the salary scale for the next lower classification for which they are qualified, catches up to the 6/23/10 salary level. 12 F. Any qualified in-house Employee who is at a lower pay scale will go to the top step of Inspector I and will be given a 5% salary increase from their current position. They will then be Y-rated at that rate until such time as they receive their Backflow Tester certification and have the functional knowledge of all other requirements of the Inspector II job description. They will be given 24 months from date of promotion to obtain the Cross Control Specialist certification once they become an Inspector II. SECTION 16. EDUCATIONAL REIMBURSEMENT PROGRAM When approved by the General Manager or his designee, regular Employees shall be reimbursed for expenses incurred for educational training in a field that is related to the employee's job and career path. Educational expense reimbursement shall be provided to reimburse an Employee for out-of-pocket expenses for educational training that is not otherwise provided or paid by the District. All of the following expenses shall be reimbursed: A. Registration Fee B. Tuition/Enrollment Fee C. Required Books Employees will not be reimbursed for travel time, travel expenses, class time and study time. District vehicles may not be used for travel unless the Employee is on standby. Employees will be reimbursed for the above expenses, upon successful completion of their class work, up to a maximum of$1,600 per year. SECTION 17. PERFORMANCE EVALUATIONS A. Performance evaluations shall be rendered every six months until Employee reaches G Step and shall then be rendered annually for all regular Employees. For Employees hired on or after January 1, 2013, performance evaluations shall be rendered every twelve (12) months until Employee reaches the top step, except for probationary Employees, which shall be a six-month evaluation. Probationary Employees shall receive a performance evaluation prior to the conclusion of the six-month probationary period and may receive several such evaluations during the probationary period. Supervisors shall report on the nature of the service rendered by each of their subordinates. The supervisor shall review the report with the Human Resources Director and the Employee before submitting it to the Program Manager and the General Manager. B. If Employees are dissatisfied with their performance evaluation, they may confer successively with their immediate supervisor and the head of their division. If the Employee believes the evaluation does not correspond to the facts, he/she may then appeal to the General Manager who shall make the final decision regarding performance evaluations. Any appeal to the General Manager shall be in writing and shall contain the basis for the appeal and specific facts supporting the appeal. C. A performance evaluation of"Not Acceptable" shall be considered unsatisfactory and failing to meet minimum perFormance standards. Employees receiving a "Not 13 Acceptable" rating may be dismissed from District service and, if two consecutive performance evaluations of"Not Acceptable" are made, the Employee shall be dismissed from District service. Such dismissals shall be in accordance with the disciplinary procedure. SECTION 18. CODE OF CONDUCT In the interest of promoting harmonious labor relations between the District and Employees, and to provide a positive work environment, the following Code of Conduct is required of all District Employees. A. Code of Conduct All Employees shall exhibit behavior that encourages mutual respect, teamwork, and positive attitudes, during their term of employment. All Employees are expected to exhibit financial and reputable Stewardship toward the District and the public that the District serves. B. Anv Employee may be suspended, dismissed, demoted or otherwise disciplined for cause, includinq failure to abide by the above Code of Conduct and including but not limited to the followinq: 1. Willful or persistent violation of District policies adopted by the Board of Directors. 2. Willful failure of good conduct, tending to injure the public service. 3. Theft, or attempted theft. 4. Vandalism or willful conduct which damages real or personal property. 5. Use of fraud, deception, or misrepresentation of material facts in obtaining employment, or during the course of employment with the District. 6. Dishonesty. 7. Discourteous treatment of the public or of fellow Employees. 8. Physical attack, fighting, or verbal altercations toward fellow Employees or the public, or violation of the District's Workplace Violence Prevention Policy. 9. Drunkenness, immoral conduct or addiction to the use of narcotics, or violation of the District's Drug-Free Workplace Policy or Substance Abuse Policy. 10. Failure to observe the requirements of the District's Illness & Injury Prevention Program, including failure to use seat belts in accordance with Section 12. 11. Violation of the DistricYs Sexual Harassment Policy. 12. Failure to report to calls when on standby. 14 13. Incompetency or inefficiency. 14. Inattention or dereliction of duty. 15. Insubordination. 16. Absence without leave. 17. Abuse of Sick Leave or excessive absenteeism. 18. Tardiness. 19. Accepting any gift or fee in connection with District work when such gift or fee is given in expectation of receiving favored treatment, or violation of the Gift& Gratuities or Conflict of Interest Policies. 20. Removal, borrowing, or use of District property, equipment, tools or vehicles for non- District purposes without prior written authorization from the General Manager or his/her designee. 21. Political activities engaged in by Employees during their assigned hours of employment. 22. Using or attempting to use political influence in securing promotion, leave of absence, transfer, change of pay, or character of work. 23. Failure to initially obtain, or maintain any required licenses or certifications, or failure �� to maintain insurability. ! 24. Continuing illness of a disabling nature after the exhaustion of sick leave and leave of absence privileges where the District is unable to accommodate the disability in accordance with Section 10. 25. Any physical or mental ailment such as to prevent the Employee from performing the duties of his/her position or any other position available for which the Employee is qualified, in accordance with Section 10. 26. Inability to perform the essential functions of the Employee's position as set forth in Section 10. 27. Failure to keep District informed of current home phone number and address. SECTION 19. DISCIPLINARY PROCEDURE A. Notice of Proposed Discipline District shall, prior to taking disciplinary action to demote, dismiss, or suspend a regular Employee, provide the Employee with a written notice of proposed disciplinary action which shall contain the charges, all documentation on which the decision was based, 15 and the specific factual basis for the charges and the nature of the proposed disciplinary action. Said notice shall inform the Employee of his/her right to respond to the charges. B. Response The Employee shall have the right to respond to the charges set forth in the Notice of Proposed Discipline, orally or in writing, within five calendar days of receipt of said notice. Any written response shall be delivered to the office of the General Manager within the time allowed. If the Employee desires to respond orally, the Employee shall make an appointment with the General Manager or his/her designee for a response meeting within the time allowed. The Employee may bring a representative of his/her choice to a response meeting. The Employee or his representative shall provide a detailed written or verbal statement to the Skelly Officer at this Skelly Hearing. C. Disciqlinary Action After the Employee's response is received, or if no response is received, after the five- day period expires, the General Manager shall determine whether to proceed with the proposed disciplinary action and will notify the Employee in writing. D. Notice of Disciplinary Action If the General Manager determines to proceed with the disciplinary action, a Notice of Disciplinary Action shall be sent to the Employee by certified mail. Said notice shall contain the charges, the factual basis for the charges, the disciplinary action imposed, and the effective date of the action which shall not be earlier than five days after the , Notice of Proposed Disciplinary Action was sent to the Employee. This notice shall � inform the Employee of the right to appeal the action. E. Appeal The Employee may appeal any disciplinary actions of demotion, dismissal, or suspension, by filing a Notice of Appeal, along with a statement of reasons for the appeal, with the General Manager within ten days of Notice of Disciplinary Action. F. Selection of Arbitrator Within 10 days of receipt of the detailed statement, the District shall request the American Arbitration Association to provide a list of arbitrators from which the parties shall select one to hear the matter. 1. In the event the parties are unable to agree within ten days of receipt of the list of arbitrators, the arbitrator shall be selected by the American Arbitration Association. 2. Both the General Manager and the Employee shall be represented at said hearing by a representative of their choice, who may be an attorney. The District shall present its case first at the hearing. Each side shall have the right to present witnesses and documentary evidence and to cross-examine the other party's witnesses. G. Decision 1. The decision of the Arbitrator shall be final. 16 2. The arbitrator shall have no authority to add to, delete or alter any provisions of this Memorandum, but shall limit his/her decision to the application and interpretation of its provisions. H. Costs The fees and expenses of the arbitrator and the court reporter, if required by the arbitrator or requested by a party, shall be shared equally by the parties. I. Witnesses The District agrees that Employees shall not suffer loss of compensation for time spent as a witness at an arbitration hearing held pursuant to this Memorandum. The Union agrees that the number of witnesses requested to attend and their scheduling shall be reasonable. J. Leave Pending Action The General Manager shall have the power to place the Employee on Administrative Leave, with pay, during the investigation, until the Notice of Disciplinary Action becomes effective, or the Employee is returned to work. K. Probationarv Employees Probationary Employees are not entitled to notice or hearing in the event they are terminated during the probationary period, except as provided by law. L. If an employee receives a Counseling Memo or a Written Warning, the Employee will have the right to appeal such disciplinary action by requesting a meeting with the General Manager. This meeting will allow them the opportunity to present their information pertinent to the incident in question. The Employee may bring a representative of his/her choice to the meeting. The decision of the General Manager shall be final. SECTION 20. LAYOFF A. In the event that the District determines to lay off Employees, the Union and the Employees affected shall receive notice of the layoff sixty (60) calendar days prior to the effective date of layoff, except where immediate layoff is required by circumstances beyond the control of the District. Layoff and recall shall be based on seniority. Seniority will be determined by department and then by District as a whole. Employees who are laid off shall be placed on a layoff and rehire list, which shall be provided to the Union Business Representative and updated as changes occur. B. The least senior employee in any classification which is being reduced shall be noticed of layoff. The Employee shall have the right to bump into any classification in which he/she previously worked, based on his/her seniority as compared with incumbents in that classification. Any Employee who has no bumping rights may displace a less senior Employee in any other classification provided that he/she is qualified for that position. 17 C. Limited Term Employees shall receive a minimum of two weeks' notice of the end of their Limited Term Position and shall have the right to return to their previously held position with the District. Such end of the Limited Term Position shall not be considered a layoff. Any Employee(s) hired to replace existing employees on Limited Term Assignments shall be given a minimum of two weeks' notice of the end of their employment with the District, and this shall not be considered to be a layoff. Such employees will have the right to apply for any future openings at the District. SECTION 21. HOURS OF WORK A. The General Manager shall determine the hours of work for each Employee in accordance with the needs of the Department. B. The hours of work, including authorized absences with pay, of all full-time Employees, shall be an average of forty (40) hours per week. C. The normal work schedule in the District is eight (8) hours per day, five (5) days per week. At the District's discretion, it may establish certain 10-hour or 12-hour shifts on temporary or continuing basis. Assignments to such shifts shall be made solely by the District without regard to seniority. D. The District may, on a determination that certain existing 10-hour or 12-hour shifts are detrimental to a particular operation, reassign Employees on 10- or 12-hour shifts to a normal work schedule on 30 days' notice to the Employee and the Union. Employees will be given two (2) weeks' notice for shift changes (while still remaining on 10- or 12- hour schedules) that are expected to last more than 30 days. Shift changes of less than 30 days will not be made solely for the purpose of avoiding payment of overtime. E. The hours of work, including authorized absences with pay, of all part-time Employees shall be established by the General Manager and shall normally be less than eight (8) hours per day and less than forty (40) hours per week. F. Employees who are allowed a lunch period as part of each shift may be excused at the end of the shift at the discretion of the General Manager; provided, however, that any such shift shall be extended to include a full shift of work for an Employee, without additional compensation, whenever the needs of the department so require. G. The General Manager may require any Employee to work in excess of the normal hours of work whenever the needs of the department so require. Such additional work shall be compensated in accordance with the provisions of this Memorandum which govern emergency assignments. H. The General Manager may require any Employee to work assigned shifts with hours other than 7:00 a.m. to 6:00 p.m., or days other than Monday through Friday. I. For purposes of the FLSA, the workweek is defined as follows: 12-hour Employees 4:00 a.m. Thursday through 3:59 a.m. Thursday 18 Pumps Employees 12:01 a.m. Friday through 12 midnight Thursday 8-hour Employees 12:01 Thursday through 12 midnight Wednesday 10-hour Employees 12:01 Thursday through 12 midnight Wednesday 9/80 Employees Refer to individual Flexible Schedule Agreements J. An alternative work schedule will be available on a voluntary basis to administrative employees (Administration, Engineering, Customer Service, Finance, Information Systems) with the approval of the department manager. New employees must have completed their probationary period in order to participate in the alternative work schedule program. Employees who have transferred to a new department must have completed a minimum of three months in their new position to participate in the alternative work schedule program. Employees not electing to participate will remain at their present weekly work schedules. The hours worked must include 8:00 a.m. to 5:00 p.m. The 9/80 work week schedule is defined as a two-week 80 hour schedule of eight nine-hour days, one eight-hour day typically worked on Monday or Friday during the finro-week period, and the other Monday or Friday off. Each manager will coordinate the day off and/or make variations in scheduled days off to maximize productivity. The eight-hour work day and day off are not subject to change unless approved by the Department Manager. Prior to participation in the program, an alternative work schedule policy agreement shall be completed. (See Exhibit B) Overtime will be paid only if an Employee is asked to work on a scheduled day off, or if required, works beyond their regularly scheduled hours of work. Out-of-class pay will apply per Section 28 of the MOU, except no out-of-class pay will apply on a supervisor's or manager's regularly scheduled flex day off. An Employee having a regularly scheduled Monday off, falling on a holiday, shall take the following Tuesday off; should a holiday fall on a Friday on a regularly scheduled day off, the Employee will take the preceding Thursday (or Wednesday in the case of Thanksgiving) off. The Department Manager will monitor the level of service to external and internal customers, and added cost to the District (if any), to determine whether any adjustments need to be made concerning the individuals participating or the structure of the flexible work schedule. While it is anticipated that the alternative work schedule will be a long- term arrangement, it can be terminated, either for any individual, or for a department, by the Department Manager or General Manager, if they believe present service and productivity levels have deteriorated or if other circumstances arise that make it untenable. The employer agrees to provide a minimum of two (2) weeks' notice when terminating an alternative work schedule. This notice requirement will not apply to temporary suspension of an alternative work schedule arrangement due to immediate operational need. SECTION 22. STANDBY AND EMERGENCY ASSIGNMENTS Whenever it is necessary for the protection of public health, safety, or welfare, Employees may be required to remain on standby for emergency work and/or to perform 19 emergency work during off duty hours, and will be paid for such services, in addition to their regular salary, as provided in this section. A. Primarv Standbv 1. Employees on Primary Standby shall live within, or use accommodations in, the DistricYs service area or the Lake Tahoe Basin portion of Douglas County Sanitary Improvement District (DCSID). The District will provide reasonable accommodations at or near the District for those Employees not residing within the above service area. 2. Employees on Primary Standby will be assigned a District vehicle equipped with the basic tools of the trade and appropriate communications devices, and will be required to be immediately available at all times during the standby period, subject to all provisions of Section 18 of this Memorandum. 3. Employees who are on Primary Standby for emergency work shall be paid $4.50 per hour for each hour on standby, whether or not they are called to work. Holiday standby will be paid at the rate of$4.50 per hour multiplied by the appropriate holiday rate. B. Secondarv Standbv 1. Whenever the General Manager or his/her designee deems it necessary for the safety and well-being of the general public, Employees may be assigned to Secondary Standby. 2. Those Employees assigned to Secondary Standby will be assigned a District vehicle equipped with the basic tools of the trade and appropriate communications devices, and will be required to be immediately available by phone or pager at all times during the standby period, subject to all provisions of Section 18 of this Memorandum. 3. Employees assigned to Secondary Standby must stay within a sixty (60) mile radius of the District's Main Plant Facilities in South Lake Tahoe at 1275 Meadow Crest Drive and shall be able to respond to the Main Plant or specific locations as requested, within a reasonable period of time. 4. Employees who are on Secondary Standby for emergency work shall be paid $3.50 per hour for each hour on standby, whether or not they are called to work. Holiday standby will be paid at the rate of$3.50 per hour multiplied by the appropriate holiday rate. 5. Employees who are assigned to Secondary Standby duty then reassigned mid- duty to Primary Standby duty shall receive the Primary Standby rate for all hours assigned. C. Tertiary Standby 1. Whenever the General Manager or his designee deems it necessary for the safety and well-being of the general public, Employees may be assigned to Tertiary Standby. 20 2. Those Employees assigned as Tertiary Standby are required to be able to be contacted within one hour, subject to all provisions of Section 18, Code of Conduct, of this Memorandum, and will be provided appropriate communications devices. 3. Employees who are on Tertiary Standby for emergency work shall be paid $2.00 per hour for each hour on standby, whether or not they are called to work. Holiday standby will be paid at the rate of$2.00 per hour multiplied by the appropriate holiday rate. 4. When a telephone conversation can eliminate the need for a physical response on a "Call Back" to the District Plant, the Employee shall receive a minimum of fifteen (15) minutes (or the actual amount of time spent on the telephone if that time is greater than fifteen (15) minutes) of 1 'h times the appropriate rate of pay. 5. Employees who possess a Water Distribution Operator Certification of at least a D-3, thereby eliminating the need for a Tertiary Standby assignment, shall be paid both the Primary and Tertiary rates stated above. D. The District and the Union agree to work together within individual departments regarding terms and conditions implementing the standby policy. Standby duty assignments shall be posted in writing with at least a 10-working day notice whenever possible. In order to maintain flexibility for all parties, crew members may trade or give their standby assignment to another trained and qualified crew member. E. When possible, Plant Operators will be used as,the Attendant for a confined space entry. If not available, or if a third person is necessary, an additional trained and qualified Employee will be called out. F. Standby pay is in addition to any pay for actual work time during standby. G. Whenever Employees are ordered to perform emergency work in excess of the I normal working hours per week, whether or not they are on standby duty, they shall be paid for such work at the hourly equivalent of their hourly salary times one and I one-half. i H. For emergency work calls, Employees shall receive a minimum of two hours pay. For work performed over two hours, but less than four hours, employees shall receive four hours pay. 1. All time is to be paid at 1 '/2 times the basic rate. 2. An Employee will not be paid for more than two call-outs in a two-hour period per calendar day. 3. Portal to portal pay shall be paid when a standby Employee is called back. I. A meal allowance of$7.50 shall be granted when an employee works at least two hours overtime after his/her regular shift for that day has been completed. The allowance shall be $10.00 if he/she works two complete shifts without a break. 21 1. When an Employee works at least four hours on a regularly scheduled day off and he/she receives less than two hours' notice to report to work, he/she will receive a meal allowance of$7.50. If he/she works a complete shift, the allowance will be $10.00. 2. To qualify for the meal allowance on a standby shift, the Employee must actually work at least four continuous hours or one continuous shift and have received less than two hours' notice to report to work. J. Any exceptions to the above will be just that, and are not to be construed as a change in the policy or the setting of precedent to be followed in the future. SECTION 23. REST PERIODS A. Subject to the discretion and control of the General Manager, all Employees may be allowed rest periods not to exceed 15 minutes during each four consecutive hours of work. B. Such rest periods shall be scheduled in accordance with the requirements of the department, but in no case shall rest periods be scheduled within one hour of the beginning or the ending of a work shift or lunch period. SECTION 24. LUNCH PERIOD A. All District Employees normally shall be allowed a lunch period of not less than thirty minutes nor more than one hour which shall be scheduled generally in the middle of the work shift. B. Whenever it is necessary for Employees to work overtime in excess of two consecutive hours, they shall be granted an additional lunch period, the taking of which is optional with the Employee. C. Lunch periods shall not be counted as part of total hours worked, except for those Employees for whom lunch periods include the actual performance of assigned duties. SECTION 25. SALARY STEP UPON APPOINTMENT TO A CLASS A. New Emplovee Except as otherwise provided herein, any person appointed to a class shall receive the ' entry step of the range for such class and shall accrue other benefits as a new � Employee. ', B. Reemqlovment 22 Any persons re-employed following layoff shall receive compensation and benefits as though they had been on leave without pay. C. Reinstatement Any persons appointed in accordance with the contractual provisions governing reinstatement following resignation in good standing shall be considered as new Employees; provided, however, that at the discretion of the appointing authority, such Employees may receive a starting salary higher than Step A. D. Return to Former Class 1. Whenever Employees are returned to their former class following promotion or transfer, they shall be placed on that step of the range which they held when they left the former class. 2. This section shall not apply to existing Employees who return from the Limited Term Position. Any merit increases received during the Limited Term Position shall apply to the Employee's return to their previous position. Therefore, Limited Term Employees shall receive the same step upon their return to their previous position as they received in their Limited Term Position. E. Whenever Employees are promoted, they shall receive the lowest step in the higher range which provides a minimum increase of 5%. This salary shall not exceed the top step. 1. A promotion in the same job class will not change the Employee's merit increase date. F. Transfer Whenever Employees are transferred to a class, the range for which is less than five percent (5%) or the equivalent of one step difference from the range of their former class, such employees shall receive the same step in the new range as they received in the former range, adjusted in accordance with subsection H, if applicable. G. Demotion 1. Whenever Employees are demoted, due to layoff, to a class having a lower salary range, their salary range shall be that step in the new range which provides equal or, in the absence thereof, the nearest lower salary to that which they received prior to the demotion. In all cases of voluntary demotion, the Employee shall receive the same step in the lower range as they received in the higher range. There shall be no change in merit increase date on demotion (keep current date). 2. Employees demoted as a result of rejection during a probationary period in a promotional position shall revert to the merit increase date they previously held in the lower class. 3. In all cases of demotion for cause, the salary placement shall be determined as part of the disciplinary action. 4. Employees may demote into prior bargaining unit positions held in the District. 23 H. Adiustment for Length of Service The salary advantage of an entry step above Step A shall apply only to the class for which it is established and shall not apply to any Employees who change to another class. The salary step for Employees who voluntarily change to a class with a lower entry step shall be reduced to the step that is commensurate with their length of service in the former class. I. Return Following Leave Without Pay Return following leave without pay is not an appointment, but is a continuation of service; however, salary and benefits, other than employment status, shall be based on actual service. This provision shall not apply to Employees returning from military leave. J. Apqointment of Exceptional Applicant The General Manager may approve a salary above the established entry step for the class in order to recruit an individual who has demonstrated superior knowledge and ability in the hiring process and whose combined education and knowledge and experience represents substantially better preparation for the duties of the class than required by the minimum employment standards. In the application of this provision, consideration also shall be given to current employees in the same class who possess comparable qualifications and if determined equivalent, adjustments shall be made in accordance with the provisions of Section 26 of this Memorandum. K. Any change to job descriptions for a classification shall be subject to the meet and confer process. SECTION 26. MERIT INCREASES IN SALARY STEP A. Increases in steps above the entry step shall not be automatic but shall be based on performance and length of service and shall be granted to eligible Employees at the discretion of the General Manager. The following are requirements for granting a merit increase: 1. For Employees hired before January 1, 2013, the Employee must have earned the equivalent of at least six months of full-time eligible service since their merit increase date for increases from Step A, C, D, E; twelve months service from Step B and twelve (12) months service from Step G. For Employees hired on or after January 1, 2013, Steps A and B will be eliminated. Step C will become the new Step A, and the steps will go through Step F. The Employee must have earned the equivalent of at least twelve months of full-time eligible service since their merit increase date for increases between each step, except for the initial probationary step, which shall be at six months, regardless of which step hired into. An Employee moving from a I to a II position shall be placed at the next lower step on the 24 new position as they were on in the old position. This does not apply to Plant Operators, as there is no Operator II position. Plant Operators that skip the Grade II exam and pass the Grade III exam shall move to Operator 191 with a minimum 10% increase. 2. The General Manager must specifically approve the merit increase for which an Employee is eligible. B. Except as otherwise provided herein, Employee's merit increase dates shall be computed from the first day of service in any class or the date of their last merit increase, whichever is most recent. 1. Upon promotion, an employee will receive a new merit increase date. This shall not apply to movement from I to II in the same class. C. Extra help employment shall not be considered eligible service for merit increases. SECTION 27. GENERAL SALARY ADJUSTMENTS 4 Cffen4ive I.+n��+ni 7 7(1')A .+II omnl�vee� /ovnl��rlinn �ht�ec iri�he I nl�c•c�ifin�4i�n r��rr , o--r�-u„- .��r.�.,�....,., �..,..,..,..,....y .......�. ... ..... . .,..........._�_._.. �+nr) .+n�i II err�r�l�vco ��ihi+ ic� rerllinerll ��ih� ronoi�icrl loc�c 4h�n-'L�.O/ frnm �hc ...�,,...�.... ...... ... �.�............/ .'.... ...�...�.'__. '___ _..�.. .._ ._ ..-••• _••- m�+rL �i-lv c�h.+ll roncivc �he �ifFerenne 4� oir��I 'I �0/ {nr 2�i+��+l �{ n�4 mi+re rrr�lric � v w v..�...�..� �.v.v �v� ... ........ .... ..... ........ �� Beginning July 3, 2014, the District will provide a cost-of-living wage increase of up to 9% that is based on Small West Coast Cities CPI (for each year measured April to April) and that is implemented incrementally over a three-year period up to a 9% cumulative adjustment cap. If the 9% cap is reached, there shall be no further wage increases during the contract term. The projected incremental implementation (subject to the noted CPI levels and cap) is as follows: Effective July 3, 2014, a wage increase of 2% will be implemented. Effective July 2, 2015, subject to the 9% cap, a wage increase based on Small West Coast Cities CPI, but not less than 2% will be implemented. Effective June 29, 2016, subject to the 9% cap, a wage increase based on Small West Coast Cities CPI, but not less than 2% will be implemented. In no event will the cumulative total wage adjustments for the 3-year period exceed 9%. B. Reclassification Process Whenever the scope, responsibility, or assigned job duties for any position substantially change, a request for salary range adjustment, with all supporting 25 documentation, may be presented to the General Manager. All decisions shall be documented by stating the reason(s) for approval or denial. Decisions by the General Manager shall be final. If the District wishes to change the salary range of a position, it shall be done on a meet and confer basis with the Union, pursuant to the above process. ��^}�� li�ne '�') 7�1'17 �nr) r�rn�iirloi-1 4h�� he flic4rin4 h.�e. irr�nlemon4or) Cen4inn v a r � crrrvcrp rv a-rcrccrrrrrn-r� rrrpr�-rrcrrcccr'v�rnvrr . . . ., 0 Imr�lemen+�ii�n Dr�r��c+nl �eii�h 7�.0% �{}he rlifFeronno �..�+h +he rv�.+.L..� .......J�.�.. i +��oi-1 i n +h e fi rc��c�r /�r�r��C�-1-��G�-T�'�i�i't�tYF��rc ..�. � h-FCtMc� merli�n imr��cn4e�,�p ��r�r�""'! Y�i7�G��. T�I;��T:v7p t 0 0 ��rle��r�Lc+ �nnoi Iw,.,l��c.�l�� o�e_�coie ,�,nQor�o} AIn4 Imnl�� 0 re�+er ��niJ a} 7�.0% I lemon+ o�r (lne• 7 0/ in Ve r T�u . ,e�.?F�rccrcc,-�r,cr2F-R�Fkc�r--rv-rv-,{��rc�-rTcrrt�--�ca�--vrrc,z�d�v-n-rrctn--r-.r6 D. Y-Rate Adjustments 1. Whenever an Employee would suffer an actual decrease in salary as a result of action taken by the District, without fault or inability on the part of the Employee, the General Manager may adopt a Y-rate to apply only to the Employee so affected. 2. Any Employee for whom a Y-Rate is established shall not receive any increase in salary until such time as their rate of compensation is within the established range for their class. E. Emergency Salary Adjustments 1. Whenever exceptional recruitment and/or retention difficulty is encountered in a class due to the established salary range, the Board of Directors may establish a temporary recruitment and/or retention pay allowance for the class. 2. Such temporary pay allowance shall be the equivalent of one or more salary steps for the class. 3. The Board of Directors shall designate the step or steps of the established salary range for the class to which the temporary pay allowance shall apply, 26 and the pay allowance shall apply uniformly to every Empioyee in the salary steps so designated. 4. Such temporary pay allowance shall automatically terminate upon the effective date of the new Annual Salary Resolution. 5. The establishment and termination of such temporary recruitment pay allowance shall not affect any Employee's merit increase date or step within the established salary range for the class. 6. When an Employee's change in class and/or salary occur simultaneously with adjustment in salary, the Employee's change shall precede the annual Salary Resolution adjustment in application. SECTION 28. OUT-OF-CLASS SALARY ADJUSTMENTS A. Employees assigned responsibility not required of their classification and required of a classification whose salary range is five percent (5%) or more than the Employee's classification, excluding non-specified tasks, shall be paid at a rate of five percent (5%) greater than their classification for time actually spent perForming the out-of-classification responsibilities. B. Employees assigned responsibility as Acting Supervisor, or assuming responsibility thereof when not specifically assigned (i.e., when supervisor is sick), shall be paid at a rate of seven and one-half percent (7 '/z%) greater than their classification for time spent having the Acting Supervisor responsibility and being available to perForm the duties. Such Action Supervisor pay will be for the entire work shift that the employee is available to perform the Supervisor responsibilities. Lab personnel supervising the Part-Time Lab Aide shall receive Acting Supervisor pay during that assigned weekend shift. C. Acting Supervisor pay shall be paid on an interim basis for 60 days, and may be extended by the General Manager for another 30 days. Thereafter, Supervisor pay shall apply and Employees will be placed at the step in the Supervisor's range that corresponds with their step in their current range for the remainder of the acting assignment. Employees filling in for management positions on a long- term basis, as stated in the above paragraph, will receive an additional 7.5% for a total of 15°/o over their regular base pay. SECTION 29. PREMIUM PAY A. When regular Employees are assigned to work specified shifts regularly with hours other than 7:-00 a.m. to 6:00 p.m., or days other than Monday through Friday, such regular employees shall receive a rate of pay equal to their hourly 27 rate plus five percent (5%) premium payment. The premium shall appty to any overtime pay earned due to extra hours worked. The provisions of this paragraph shall not apply to any Employees assigned to 12-hour shifts or working Monday through Friday on a regular basis. B. Effective September 17, 1999, the Union was certified by the National Labor Relations Board (NLRB) as bona fide under Section 7(b) of the Fair Labor Standards Act (FLSA). As a result of collective bargaining, the parties have reached an Agreement regarding implementation of a plan under Section 7(b)(2) of the Fair Labor Standards Act. Therefore, in conjunction with the terms of the Agreement, Employees who work 12-hour shifts in the Operations department, shall receive an 8.37% premium pay. The 8.37% premium pay will replace paid overtime for the extra eight hours worked on the third week of the schedule rotation. The premium pay shall apply to all hours worked. This premium is a combination of the following: 1. 6.05% premium pay received prior to 1985 when no overtime was paid for the extra eight hours in the third week of the rotation. 2. 1.5% Solids system premium, derived by incorporating the average solids system premium and senior solids system premium. 3. .82% premium pay (estimated cost of$5960) understood to offset holiday pay practice losses. C. Employees assigned to the solids system shall be paid a three and one-half percent (3 '/z%) differential when working in the solids system one full shift, or for actual time spent in the solids system. This premium shall not apply to 12-hour Employees in the Operations department, whose solids system differential is included in paragraph B above. SECTION 30. OVERTIME A. Overtime pay shall be one and one-half (1-1/2) times the Employee's basic rate of pay. All hours worked in excess of designated daily shift shall be compensated at the overtime rate. Hours worked in excess of the designated daily shift shall be approved in advance by the Employee's supervisor. B. Employees may elect to accumulate overtime hours at one and one-half (1-1/2) times the Employee's basic rate of pay. These hours may be accumulated for future use by the Employee. The total accumulated compensatory time shall not exceed sixty (60) hours. All overtime worked by Employees exceeding the total accumulated compensatory time of sixty (60) hours shall be paid at the end of the pay period when accrued. 2s 1. The accumulation of compensatory time is not mandatory; the discretion lies with the Employee. 2. The District shall maintain a record for each Employee of the accumulation and use of compensatory time. 3. Compensatory time off shall be approved in advance by Employee's immediate supervisor, who may deny such time off if the supervisor determines the use of this time would be unduly disruptive. C. No employee shall receive overtime pay for attending voluntary schooling or conferences. If attendance is mandatory and hours exceed normal shift, the Employee shall be compensated at the appropriate rate. D. Part-time Employees shall not receive overtime pay until they have worked at least eight (8) hours in one work day. SECTION 31. PAYMENT OF SALARY A. The pay period for all Employees shall be based on a biweekly period. B. Salaries shall be computed in accordance with the following provisions: 1. The regular salary for each Employee shall be based on the actual number of days or hours worked in the period, including authorized absences with pay, multiplied by the Employee's hourly rate. Except for Holiday situations and use of Safety Incentive Pay for 9/80, 10, or 12-hour Employees, and subject to Section 37, all Employees must utilize accrued paid leave, unless on approved FMLA leave, to cover any absences, so that he or she will be paid for his or her normal schedule each work week (i.e., no short checks). This shall not apply to short checks when an Employee may take only the 8 hours of holiday or Safety Hour pay. 2. Special payments, including standby, overtime, premium and other special payments, shall be calculated in accordance with the pertinent provisions of this Memorandum and the Annual Salary Resolution. 3. New Employees, as a condition of employment, shall be required to participate in the District's Direct Deposit program for all compensation. C. Salaries shall be paid to all Employees in accordance with the following schedule, provided, however, that Employees who are not paid pursuant to the regular biweekly payroll may be paid on a different date: 29 1. Regular salaries for each pay period shall be �aid not later than the 5th work day of the following week; except that if the 5t work day of the following week falls on a non-work day, but is preceded by a work day, the salaries provided for herein shall be paid on the 4th work day of said week; and except that if the 5th work day of the following week falls on a non-work day and is preceded by a non-work day, the salaries provided for herein shall be paid on the first following work day of said week. 2. Special payment, including standby, overtime, premium and other special payments, shall be made not later than the regular payroll for the period following that in which such payments are earned or accrued. D. The compensation provided in this Memorandum shall be payment in full for all services rendered in a District position and no Employee shall accept any other compensation for services performed in such position. E. The District agrees to allow up to two (2) Union members to participate in the Board of Directors' two-member Finance and Operations Committees. Said Union Employee representative(s) may be on a rotational basis, depending on the committee agendas and Employee interest. It is understood by both parties that said committees are advisory only, and do not take any Board action, other than making recommendations to the full Board. SECTION 32. EMPLOYEE BENEFITS A. Eliqibility 1. Regular Full-time Employees who work (or receive paid leave) for a minimum of 80 hours per month will receive full accrual/pay for holiday, sick leave, vacation, and compensatory time, and are eligible for full participation in the District's health and welfare insurance benefits programs and retirement programs. 2. Regular Part-time Employees who regularly work less than 80 hours per month will receive proportional accrual/pay for holiday, sick leave, vacation, and compensatory time, and are not eligible to participate in the District's health and welfare insurance benefits programs or retirement program. 3. Regular Full-time Employees who work (or receive paid leave) for less than 80 hours per month due to medical leave or layoff will receive proportional accrual/pay for holiday, sick leave, vacation, and compensatory time. At such time that a Regular Full-time Employee works, or receives paid leave for less than 80 hours per month, health insurance benefits will be continued for a period of three months (beginning on the first of the month following the first month of reduced hour status). 30 4. Regular Full-time Employees who are on Pregnancy Leave and work (or receive accrued paid leave for) less than 80 hours per month will receive proportional accrual/pay for holiday, sick leave, vacation, and compensatory time for a period of four (4) months. At such time that such Employee works or receives paid leave for less than 80 hours per month, health insurance benefits will be continued for a period of three months (beginning on the first of the month following the first month of reduced hour status). 5. Regular Full-time Employees who are on unpaid leave of absence will receive no accrual/pay for holiday, sick leave, or vacation leave. Health insurance benefits will be continued for a period of three months, beginning on the first of the month following the first month of unpaid leave status. B. Insurance Benefits Committee The District will form an Insurance Benefits Committee which includes representation by either the Shop Stewards or elected representatives, to discuss matters pertaining to the health insurance benefits program(s). Such discussions shall uphold the confidentiality of individual Employees, and shall be for the purpose of discussing plan document and/or claims administration issues , in general. The process for addressing individual concerns regarding claims processing is contained in the Health Insurance Plan Document. C. Health and Welfare Benefits Programs 1. Health Insurance Plan First and foremost, the District and the Union desire Employees and their families to maintain good health by encouraging personal responsibility, while utilizing insurance resources efficiently. In order to promote a wellness culture in the workplace, the health insurance plan will provide incentives to maintain the current level of benefits. Employees are encouraged to carefully read and refer to the Plan Document for the details of all the benefits listed in this section. a. Each Eligible Employee as defined in Section 32.A., above, their eligible dependents or their Registered Domestic Partner as defined by California state laws, shall be provided with hospitalization, prescription drug, medical and dental insurance coverage in conjunction with the District's self-insured plan through December 31, 2012. Effective January 1, 2013, Employees shall be covered by the ACWA Prudent Buyer Classic Plan for medical and prescription coverage, with the District fully funding the premium for the Employee and their dependent(s). Dental coverage will continue to be provided under the District's self-insured plan. 31 b. Prescription Program Every Employee is encouraged to utilize the prescription program in the most cost efficient manner. The prescription program will provide financial incentives to utilize generic and mail order prescriptions whenever possible. Higher co-pays will be charged for brand name prescriptions and for not utilizing the mail order service for maintenance medications unless there is no generic available or a medically necessary waiver is obtained from the doctor. c. Dentallnsurance Employees and their eligible dependents are encouraged to obtain their routine dental exams and cleanings twice per year, which are provided in accordance with the Health Insurance Plan Document. Employees complying with the Preventive Dental Program outlined in the Plan Document will maintain the current level of benefits payable for Major Dental care. If the Preventive Dental Program is not followed, Major dental care will be paid at a lower co-insurance percentage. d. The District will contract out to a third party matters pertaining to dental claim determinations, including the filing of dental claims and review of dental claim denials, except that the District may be consulted on matters involving potential exceptions to Plan exclusions. Information pertaining to medical condition and treatment will not be disclosed to any District employee, except when agreed to by the Employee or necessary in conjunction with a determination of potential exceptions to Plan exclusions. e. When requested by an Employee, the Human Resources Director will provide Claims Assistance for an Employee, upon written authorization for same. Such claims assistance may include verifying accuracy of claims processing, verification of amount(s) owed by Employee to provider, and clarification of benefits provided under the applicable Plan Document. f. Except for the District's obligation to provide health insurance coverage in a manner consistent with this section, matters pertaining to the health insurance plan, including but not limited to eligibility determinations and the denial or processing of claims, are not subject to the grievance procedure under this Memorandum. g. Vision care insurance coverage premiums will be fully paid by the District for eligible Employees, their eligible dependents, or their Registered Domestic Partner, and will provide eye examinations and lenses every twelve months and frames every twenty-four months with no deductible pursuant to plan terms. 2. Long-Term Disability Plan 32 The District will provide a Long-Term Disability Plan (LTD) to all eligible Employees as defined in Section 32.A. above. 3. Life Insurance The District will provide a Life Insurance Plan with benefits of$70,000 to all eligible Employees as defined in Section 32.A. above. 4. CaIPERS Retirement Plan a. For Employees hired before January 1, 2013, the Union and the District agree to maintain participation in the California Public Employees' Retirement system (CaIPERS) for the Miscellaneous Plan 2.7 Percent at Age Fifty-five (2.7% @ 55), Supplemental Formula, Zero Percent (0%) Prior Service, in the Risk Pool effective July 1, 2006, and that the District shall remit to CaIPERS the entire required contribution for each eligible Employee. i. The District shall pay the first ten percent (10%) of the required contribution. All required CaIPERS contributions exceeding ten percent (10%) shall be split evenly befinreen the District and the Employees so that the District pays one-half of the cost exceeding ten percent (10%) and the Employees pay the remaining one-half of the cost exceeding ten percent (10%) via payroll deduction (pre-tax), up to a maximum cap of 8% paid for by Employees. ii. Should the CaIPERS required contribution drop below ten percent (10%), Employees shall be paid a bonus of one-half of the percentage below ten percent (10%). Such bonus shall be paid at the first pay period following the end of the fiscal year. The District shall retain the other one-half of the percentage below ten percent (10%). b. Effective January 1, 2013, new Employees as of January 1, 2013 will be under the CaIPERS plan allowed by AB 340 Public Employees' Pension Reform act. New members to CaIPERS, as defined by law, will be at the 2% @ 62 formula and be subject to the new cost-sharing formula as defined by CaIPERS. The District will comply with all laws pertaining to this new pension reform. 5. IRS 125 Flexible Benefits Proqram District shall continue to provide the voluntary flexible benefits program in effect as of June 30, 1996. District will allow additional payroll deductions for 33 a flexible benefits program and for other ancillary Employee-paid insurance programs. Costs for administration of all aspects of the flexible benefits program shall be equally shared by the Participants and the District. 6. Deferred Compensation Plan District shall continue to provide the voluntary Deferred Compensation program in effect as of the date of this Memorandum of Understanding. District will allow payroll deductions for such Deferred Compensation program, in accordance with applicable law. The Deferred Compensation Plan will allow participant loans from individual accounts, with a loan maturity date consistent with the deferred compensation plan provider's loan procedures. Great West, for example, allows mortgage loans for a period not to exceed fifteen years. 7. Retirement Health Savinqs Plan The Union and the District agree to form a joint committee to implement a Retirement Health Savings Plan for all Employees. As of June 21, 2012, the District will contribute $100 per month per employee toward the above Retirement Health Savings Plan. SECTION 33. HOLIDAYS A. All Regular Employees of the District shall be entitled to the following holidays with pay: 1. January 1, Martin Luther King's Birthday, � �^�^^�„� ��, 3�d Monday of February, Memorial Day, July 4, Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving, December 24, December 25. 2. �ee Eight hours to be used on Good Friday or any other time selected by the Employee and approved by his/her supervisor. B. Observed Holidavs All Employees shall observe the holiday on the federal or state-recognized holiday, with the exception of Employees regularly assigned to work on Saturdays or Sundays. Employees regularly assigned to work on Saturdays or Sundays shall observe the holiday on the actual date (Saturday or Sunday). C. Pay Rate Schedule 34 All Employees who work on the observed holiday shall receive the appropriate rate, as indicated below, for all hours worked that day. Time and '/2 Hourly Rate Hourly Rate times 2 L innnln'c Rirthi-l�v Martin Luther King Birthday January 1 3�d Monday in February Memorial Day Veterans Day July 4 Friday after Thanksgiving Labor Day December 24 Thanksgiving Day December 25 D. Holiday Time Off and Holiday Pay Holiday Time Off and Holiday Pay shall occur according to the following three scenarios: 1. Holiday falls on Regular Work Day— Employee Takes Day Off. a. Employee receives 8 hours of Holiday Pay at straight time. 2. Holiday falls on Regular Work Day— Employee Works. . a. Employee receives appropriate pay according to the above pay rate schedule for hours actually worked on the holiday. b. Employee also receives eight (8) hours of Holiday Pay at Straight Time, or; c. Employee accrues eight (8) hours Holiday Pay Straight, to take off later. 3. Holiday falls on Regular Day Off. a. Employee may take either preceding or following work day off and receive 8 hours Holiday Pay Straight for day taken off, or; b. Employee receives eight (8) hours Holiday Pay, or; c. Employee accrues 8 hours to take off before the end of the contract year. E. Holida�Scheduling& Pav 35 1. Scheduling Employees to work holidays, or to take Holiday Time Off, is the sole discretion of the District. Accrued Holiday Time Off shall be taken with prior supervisory approval. 2. All accrued days, as of the last pay period of the contract year shall be paid, and no accrued days shall be carried past the end of the contract year. SECTION 34. VACATION LEAVE WITH PAY A. Vacation with pay shall be earned by regular Employees based on the equivalent of full-time service from their regular employment date of appointment. 1. Vacation credit shall accrue to the Employee on the first of the pay period following the pay period in which it is earned. 2. All Employees who have less than three (3) years of service shall accrue vacation on the basis of 6-2/3 hours for each full month of service (80 hours per year). 3. All Employees who have more than three (3) but less than ten (10) years of service shall accrue vacation on the basis of ten (10) hours for each full month of service (120 hours per year). 4. All Employees who have more than ten (10) but less than fi��^��fifteen (15) years of service shall accrue vacation on the basis of 13-1/3 hours for each full month of service (160 hours per year). 5. All Employees who have more than *�•��^�. *��fifteen (15) years of service but less than twenty (20) years of service, shall accrue vacation on the basis of fourteen (14) hours for each full month of service (168 hours per year). 6. All Employees who have more than fi�,�^+„ f�.,� �'�` twenty (20) years of service shall accrue vacation on the basis of 14-2/3 hours for each full month of service (176 hours per year). 7. Vacation may be accumulated to a maximum of two (2) years' service on any accrual date. Thereafter, no further vacation will accrue until the Employee uses a portion of accrued vacation. Subject to the discretion of the General Manager, vacation may be bought back on a one-time per year basis, to be paid on the first pay period in December, in an amount not to exceed 50% of annual accrual. 36 8. Vacation shall be scheduled a minimum of finro (2) weeks and a maximum of twelve (12) months in advance. Vacations with less than two weeks' notice may be granted by department Manager or Supervisor. B. All Employees who have more than six (6) months of service shall be eligible to use accrued vacation. 1. The General Manager shall determine the period when accrued vacation time may be taken by each Employee, consistent with the requirements of the department. 2. Employees who separate or are terminated from District service or who take military leave in excess of 180 days without providing notice of intent to return to work after the military leave, shall be paid the monetary value of their accrued vacation. C. During any pay period in which an employee does not work full time or does not receive a full paycheck (by using sick, vacation, or compensatory accrued hours) vacation leave accrual will be applied in accordance with Section 32. This shall not apply to 10- or 12-hour Employees who elect to receive their 8 hours holiday pay and not use additional vacation, sick, or compensatory pay to equal a full check for a holiday. Employees on leave due to a work-related injury who utilize accrued sick, vacation, or compensatory time, to receive the equivalent of a full paycheck (accrued leave plus workers' compensation payments) shall accrue vacation hours at full accrual rate. If such accrued hours are not used or are not available, no further vacation hours will accrue until the Employee returns to work. D. Employees placed on unpaid suspension shall not accrue vacation leave during the period of their suspension. SECTION 35. SICK LEAVE WITH PAY Sick leave is a benefit to be used in the event an Employee or their family member, as defined elsewhere in this Memorandum, is unable to report for duty because of illness or injury without the loss of income. Sick leave is intended to be used for medical purposes, except as outlined elsewhere in this Memorandum, and should not be misconstrued as vacation. Employees are encouraged to use sick leave when they are ill in order to protect the health of others in the workplace and to speed their own recovery. A. Sick leave with pay shall be earned by regular Employees based on the equivalent of full-time service from the date of appointment. 37 1. Sick leave will accrue to the Employee on the first day of the pay period following that in which it is earned. 2. Sick leave shall accrue on the basis of eight (8) hours per full month of service and may be accumulated without limit. 3. Employees placed on unpaid suspension shal! not accrue sick leave during the period of their suspension. 4. During an pay period in which an Employee does not work full time or does not receive a full check (by using accrued sick, vacation, or compensatory hours) sick leave accrual will be applied in accordance with Section 31. a. This shall not apply to 10- or 12-hour Employees who elect to receive their 8 hours holiday pay and not use additional vacation, sick, or compensatory pay to equal a full check for a holiday. Employees on leave due to a work-related injury who utilize accrued sick, vacation, or compensatory time to receive the equivalent of a full paycheck (accrued leave plus workers' compensation payments) shall accrue sick hours at full accrual rate. If such accrued hours are not used or are not available, no further sick hours will accrue until the Employee returns to work. 5. During any period of disability for which payment is provided under State Disability Insurance, or Paid Family Leave Benefits, the Employee may elect to receive the sick leave with pay in an amount equal to the difference between the disability or paid family leave benefit and full pay, or the Employee may elect to endorse the benefit check over to the District, in which case accrued sick leave will be debited proportionately and the Employee will receive his/her regular paycheck from the District. B. Regular Employees may use sick leave for the purpose specified in this section: 1. Absence from duty when quarantined because of exposure to a contagious disease or when incapacitated from performing their duties because of personal illness, injury or dental work. 2. Absence from duty for examination or treatment by a dentist, medical doctor, or physician under circumstances not involving quarantine or incapacity, provided, however, that such absences shall be scheduled at the discretion of the General Manager or his/her designee. Absence from duty for attendance upon their spouse, or Registered Domestic Partner, or for attendance on a close relative because of illness or injury which incapacitates such family member and definitely requires personal care. Such absence shall be limited by the appointing authority to the time reasonably required to make other arrangements for such care. A close 38 relative includes children, parents, grandparents, grandchildren, sisters and brothers, aunts and uncles, natural, adopted, and by marriage. 3. Absence from duty to transport their spouse or to transport a child or close relative, as defined above, residing with the Employee to and from a local hospital for medical treatment or operation, including childbirth. 4. Absence from duty to be in attendance, at any location, during serious medical treatment or operation, including childbirth, performed upon their spouse or performed upon a child or close relative, as defined above, residing with the Employee. 5. Upon termination, a regular Employee hired before January 1, 2013 shall receive a cash payment equal to ten percent (10%) of accrued unused sick leave for each full year of employment, up to a maximum of 1040 hours, times their regular hourly rate. Employees hired on or after January 1, 2013 shall not receive a cash payment of accrued unused sick leave upon termination. 6. Employees who have 1040 hours of accrued sick leave may accept payment for 100% of the excess over 1040 hours. They may elect to continue the accrual of sick leave be,yond the 1040 hours if they do not want payment for the excess over 1040 hours. When payment is chosen, it will be paid on the first payday in December of each year. 7. Upon death of an Employee, the beneficiary shall be paid accumulated sick leave to a maximum of 1,040 hours. C. It shall be the duty of the General Manager to enforce the provisions of this section and to record each absence for sick leave, including a clear statement of cause and such supporting evidence as is used in determining the necessity of such leave. D. Employees are required to notify their immediate supervisor or department head at least one (1) hour prior to the time set for perForming their daily duties, or as ; soon as possible under extenuating circumstances. Failure to follow this !� directive could result in disciplinary action. E. If absence from duty due to sickness extends beyond the period of three (3) consecutive working days, the supervisor or department head may require the Employee to provide a doctor's note certifying their illness or disability and confirming their need for sick leave. F. The General Manager or his designee may require an Employee to provide a doctor's note certifying illness or disability at any time they are aware of information or have reason to believe that an Employee is abusing the sick leave privilege. 39 G. The General Manager or his/her designee may require an Employee to provide a fit for duty statement by a medical doctor following any absence for serious illness, injury, or exposure to contagious disease, whether or not sick leave was used. a. During any period of disability for which payment is provided under State Disability Insurance or Paid Family Leave Benefits, the Employee may elect to receive the sick leave with pay in an amount equal to the difference between the disability/paid family leave benefit and full pay, or the Employee may elect to endorse the benefit check over to the District, in which case, accrued sick leave will be debited proportionately and the Employee will receive his/her regular paycheck from the District. H. When sick leave balances are exhausted, Employees must use their available leave balances, except when the Employee is on Family Medical Leave, Workers' Compensation, or is coordinating their leave with State Disability Insurance or Paid Family Leave benefits. I. An Employee intending to use sick leave for medical appointments shall notify his/her immediate supervisor in advance of the appointment. Sick leave use for this purpose must be approved in advance by the Employee's immediate supervisor. J. Sick Leave Reporting Requirement If a supervisor/manager has reason to believe that an Employee is not using their � sick leave appropriately, e.g., unusual pattern of sick leave use, excessive use of incidental sick leave, etc., the employer may place the Employee on a sick leave reporting requirement. Employees placed on Sick Leave Reporting will be required to bring a doctor's note for all absences until they are released from this requirement. The steps for this process shall be as follows: 1. The supervisor/manager will meet with the Employee and provide a list of problem absences. Absences subject to FMLA or workplace injury (workers' compensation) shall not be included in the list of problem absences. 2. The supervisor/manager will provide the Employee with written documentation that specifically outlines the employer's concerns and expectations. The Employee will be notified in writing of the timelines and the goals they are expected to achieve. 3. The Employee and the supervisor/manager will meet at least quarterly to discuss this issue until the Employee is removed from the sick leave reporting requirement. 40 4. Nothing herein shall preclude the District from taking disciplinary action for abuse of sick leave in accordance with existing MOU provisions in addition to following the procedures outlined above. 5. To ensure District-wide consistency in application, the General Manager or his/her designee will oversee the sick leave reporting requirement process. SECTION 36. INDUSTRIAL ACCIDENT LEAVE A. Employees who are injured in the performance of assigned duties shall receive such medical examination, medical care, compensation and other benefits as awarded under Workers' Compensation laws of California. Employees who suffer an injury resulting from employment duties shall use the general procedures and receive benefits as set forth below. Complete injury reporting procedures are available in the District's Injury and Illness Prevention Program. 1. It shall be the mandatory duty of Employees to report to their supervisor any possible injury on the date of occurrence or as soon thereafter as their condition permits; failure to do so shall be considered cause for disciplinary action. 2. Employee shall immediately notify their supervisor and shall immediately receive medical examination and/or emergency treatment as deemed appropriate by the General Manager. 3. The Employee shall not be considered absent from duty during the time required for medical examination and/or emergency treatment, however, overtime pay shall not be paid for treatment extending beyond normal shift. 4. If any Employee is injured on the job, the supervisor shall immediately notify the General Manager and/or the Human Resources Director and shall promptly provide such information as may be requested. B. During any period of disability for which payment is provided under Workers' Compensation insurance, the Employee may elect to receive sick leave with pay in an amount equal to the difference befinreen any compensation benefits and full pay or the employee may elect to endorse the Workers' Compensation insurance benefits over to the District and receive a full paycheck from the District. SECTION 37. LEAVES OF ABSENCE A. A regular Employee may be authorized a leave of absence with or without pay. Such a leave shall entitle the Employee to be absent from duty for a specified 41 period of time and for a specified purpose, with the right to return as provided in the approved leave. 1. No additional sick or vacation accruals shall occur during an unpaid leave of absence. B. A request for a leave of absence with or without pay shall be made in writing. Such leave shall be subject to approval of the General Manager, and health insurance benefits shall be applied in accordance with the provisions of Section 32, Employee Benefits. Except for absences covered by the FMLA/CFRA Policy or California's Pregnancy Disability Leave law, where use of accrued leave is optional, no Employee shall be granted a leave of absence without pay until he or she has used all accrued sick leave, vacation leave or compensatory time off. A leave may be granted for a period not to exceed 90 days for the following purposes: 1. Illness beyond that covered by FMLA or Pregnancy Disability Leave. Medical provider certification form documentation may be required. 2. Education or training which would benefit the District. 3. Other personal reasons, approved by the General Manager, when, in his/her judgment, service or cost will not be adversely affected. C. Leave of absence wifih or without pay shall be granted to an Employee who is temporarily disabled due to pregnancy. With medical provider certification form documentation, the leave shall cover a reasonable time before, during, and after childbirth, based on her physical disability related to the pregnancy and/or childbirth. D. An Employee may be granted an extension of a leave of absence with or without pay for not more than 90 days. Such an extension shall be based on unusual and special circumstances and shall be subject to approval of the General Manager. E. An Employee may be granted a leave of absence without pay for a period not exceeding 30 calendar days upon the discretion of the General Manager. Such a short-term leave may be granted for any reason. F. A leave of absence may be revoked by the General Manager upon evidence that the cause for granting a leave was misrepresented or has ceased to exist. G. A probationary Employee may be granted a leave of absence without pay by the General Manager for a period not to exceed 90 days to cover an illness, injury, or other disability only. The probationary period shall be extended by the amount of such leave granted. 42 H. Full time employment by another employer during a leave of absence is prohibited and shall result in termination. SECTION 38. BEREAVEMENT LEAVE A. The General Manager may authorize bereavement leave with pay for a regular Employee when needed due to the death of his/her parent, spouse, natural or adopted child, step-child, grandparent, grandchild, brother, sister, mother-in-law, father-in-law, or the death of any child or close relative who resided with the Employee at the time of death. B. Such absence for bereavement shall be limited to time which is definitely required and shall not exceed 40 hours for any one death unless the death is that of a spouse or child, in which case the Employee may take an additional 40 hours of accrued time off. C. For a relative not listed in paragraph A above, an Employee, with supervisor and program manager approval, may take the necessary time off needed to attend the relative's funeral, up to a maximum of 40 hours. The Employee may use any accrued time off as pay for such time off. D. The General Manager or his/her designee may require documentation to approve such leave. SECTION 39. JURY DUTY LEAVE A. Regular Employees who have been summoned or subsequently selected to serve on a jury in a court of law shall receive their regular rate of compensation for normal work hours and days or shifts during such absences. Should jury duty fall on a regularly scheduled day off, Employee will not be compensated by �, District for that time. 1. The check received from jury duty on a scheduled work day must be endorsed and forwarded to the District which will deduct the mileage compensation and return that amount. B. Employees on jury duty are required to: 1. Normally report to his/her work location when there are at least two (2) hours available for actual work time between his/her scheduled starting time and the time he/she is required to report to the court (exceptions require manager approval); 43 2. Norrnally report back to his/her work location if he/she is released early and there are at least two (2) hours available for actual work time (not including travel time) (exceptions require manager approval); 3. Obtain attendance slips from the court certifying actual dates of service. These slips are to be attached to the appropriate time sheets for verification of jury duty leave. C. Jury duty leave hours taken are not included as hours worked for the purpose of computing overtime. D. It is the Employee's obligation to notify his/her supervisor, in writing, as soon as he/she has been called for jury duty and the date for reporting. No Employee shall work additional hours over his/her regularly scheduled hours on a day on which he/she has jury service unless specifically authorized by the department manager. 1. Night shift employees in the Operations Department shall arrange scheduling with the department manager in order to (1) ensure adequate rest time between jury duty and regular work time and (2) ensure adequate staffing in the department. SECTION 40. MILITARY ABSENCE Employees shall be granted military leave pursuant to the federal Uniformed Services Employment and Reemployment Rights Act and the California Military and Veterans Code. Such period of military leave shall include the ordered or expected period of active duty and reasonable travel time connected therewith. An Employee who does not return within the period of approved military leave shall not e granted any benefits and privileges which are required by state or federal law. SECTION 41. ABSENCE WITHOUT LEAVE Absence of an Employee during regular working hours for a portion of a day or more that is not authorized by a specific leave of absence under the provisions of this Memorandum shall be an absence without leave. Any such absence shall be without pay and may be the basis for disciplinary action. Any absence without leave for three consecutive days shall constitute cause for discharge. Such discharge may be canceled if investigation by the General Manager shows that such cancellation is warranted. SECTION 42. GRIEVANCE AND ARBITRATION PROCEDURE 44 This grievance and arbitration procedure shall be used to process and resolve grievances arising under this Memorandurr�. A. Definitions 1. A grievance is a complaint of one or a group of Employees or a dispute between the District and the Union, involving the interpretation, application, or enforcement of the express terms of the Memorandum. 2. As used in the procedure, the term "Program Manager" means the individual who directs the program in which an employee is assigned. 3. As used in the procedure, the term "working days" shall mean days on which the District office is open. B. Time Limits Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure but, with the written consent of all parties, the time limitation for any step may be extended. C. Employee Rights The Employee retains all rights conferred by Government Code section 3500, et.seq.. D. Informal Discussion 1. The grievance initially shall be discussed with the Program Manager. The Employee may be represented by the Union. Within two (2) working days, the Program Manager shall give a decision or response. 2. If an informal grievance is not resolved to the satisfaction of the grievant, or if there is reason to bypass the informal step, a formal grievance may be initiated. A formal grievance may be initiated no later than: a. Five (5) working days after the event or circumstances occasioning the grievance; or b. Within three (3) work days of the decision rendered in the informal grievance procedure, whichever is later. 3. However, if the informal grievance procedure is not initiated within the period specified in subsection (a) above, the period in which to bring the grievance shall not be extended by subsection (b) above. 45 E. Formal Grievance 1. A formal grievance shall be initiated in writing on a form prescribed by mutual agreement of the District and the Union and shall be filed with the Program Manager as the first level of appeal. The Employee may be represented by the Union. A copy of the Grievance form is attached hereto as Exhibit C. 2. Within five (5) work days after the initiation of the formal grievance, the Program Manager at the first level of appeal shall investigate the grievance and give a decision in writing to the grievant. F. Appeal of Formal Grievance 1. If the grievant(s) are not satisfied with the decision rendered, they may appeal the decision in writing within five (5) work days to the General Manager. The Employee may be represented by the Union or a designated representative. 2. The General Manager shall respond in writing within ten (10) work days to the grievant. If the General Manager determines that it is desirable, he/she shall hold conferences or otherwise investigate the matter. G. Bindinq Arbitration If the General Manager fails to respond in writing as provided, or if the response is not satisfactory to the grievant, the grievant shall have the right to refer the matter to binding arbitration. Such referral shall be made by written demand submitted to the General Manager within ten (10) work days of receipt of his/her decision. H. Selection of Arbitrator 1. An impartial arbitrator shall be selected jointly by the parties within ten (10) work days of receipt of the written demand. 2. In the event the parties are unable to agree within the time stated, the arbitrator shall be selected by the American Arbitration Association. I. Decision 1. The decision of the arbitrator shall be final and binding. 2. The arbitrator shall have no authority to add to, delete or alter any provisions of this Memorandum, but shall limit their decision to the application and interpretation of its provisions. 46 J. Costs The fees and expenses of the arbitrator and the court reporter, if required by the arbitrator or requested by a party, shall be shared equally by the parties. K. Witnesses The District agrees that Employees shall not suffer loss of compensation for time spent as a witness at arbitration hearing held pursuant to this Memorandum. The Union agrees that the number of witnesses requested to attend and their scheduling shall be reasonable. SECTION 43. MANAGEMENT RIGHTS Except as otherwise specifically provided in this Memorandum of Understanding, the District has the sole and exclusive right to exercise all authority, rights or functions of management. It is agreed that all rights, powers or authority vested in the District, except those specifically abridged, delegated, deleted or modified by the express terms of this Memorandum of Understanding are retained by the District. The District expressly retains the complete and exclusive authority, right and power to manage its operations and to direct its employees except as the terms of this Memorandum of Understanding specifically limit such authority, rights, and powers. These retained authorities, rights, and powers include, but are not limited to, the right to hire, classify, promote, designate, discipline, evaluate, review, and discharge employees, schedule work as needed, determine levels of staffing, maintain order and efficiency, to supervise and direct Employees in the performance of their duties, to set standards to ensure proper and efficient use of the work force and equipment, to determine qualifications and abilities, and to establish and evaluate the merits, necessity, and/or organization of any service or activity currently offered or offered at any time hereafter by the District. SECTION 44. ENTIRE AGREEMENT This Memorandum of Understanding constitutes the entire agreement between the parties and concludes meeting and conferring on any subject, except as provided herein, or as otherwise mutually agreed upon, whether included in this Memorandum of Understanding or not. It is agreed that the terms and conditions of the Memorandum of Understanding itself shall constitute the whole agreement between the parties thereto, and that the terms and conditions of this Memorandum of Understanding shall supersede all proposals, conversations, or oral or written agreements constituting any portion of the meet and confer process or any other discussion leading up to the Memorandum of 47 Understanding. The parties agree that no agreement was reached on other matters discussed and that the District is not obligated to make any changes or take any action regarding them. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on the parties hereto. SECTION 45. SEPARABILITY OF SECTIONS If any section subsection, paragraph, sentence, clause or phrase of this Memorandum shall, for any reason, be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portion of this Memorandum, it being hereby expressly provided that this Memorandum and each section, subsection, paragraph, sentence, clause, or phrase hereof would have been adopted irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases shall be declared invalid or unconstitutional. SECTION 46. TERM OF AGREEMENT The parties agree that this Agreement shall stay in full force and effect through d-�;'�� June 28, 2017 SECTION 47. NO STRIKE AGREEMENT During the term of this Agreement, it is agreed that there shall be no strike by the Employees nor lockout by the employer. 48 DATED: SOUTH TAHOE PUBLIC UTILITY DISTRICT Eric Schafer, President, Board of Directors Richard H. Solbrig, General Manager/Engineer Paul Hughes, District Representative Nancy Hussmann, District Representative ATTEST: Melonie Guttry, Clerk of the Board INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY LOCAL 39 Tony DeMarco, President Jerry Kalmar, Business Manager Joan Bryant, Dir. of Public Employees Rep. Charlie Solt, Business Representative Cliff Bartlett, Shop Steward Brian Chernago, Shop Steward Chris Sneed, Shop Steward Wanda Stanley, Shop Steward Aaron Buckman, Shop Steward Doug Van Gorden, Shop Steward 49 � 6eneral Manager Richard H.5olbrig -�--�-.... � ♦ 1950 • �..,,w� � �� + Director5 �-� Chris Cefalu �.�/ JameS R.Jones .....� R � + n� y Randy Vogelge5ang �~ �u�I I C U�t�� /��j-I _�'f'�'� Kelly 5heehan v � V � � Eric 5chafer 1275 Meadc>w CreSt prive•South Lake Tahoe•CA 96154-7401 Phorte 530 544-6474•Fax 530 541-0614•www.5tpud.us BOARD AGENDA ITEM 6b TO: Board of Directors FROM: Julie Ryan, Senior Engineer MEETING DATE: September 4, 2014 ITEM- PROJECT NAME: Operations and Maintenance (08�M) Services for City of South Lake Tahoe's (City) Bijou Stormwater Pump Station REQUESTED BOARD ACTION: Provide direction regarding the City's request to the District for providing 08�M Services to the City for their Bijou Stormwater Pump Station, and authorize staff to develop an agreement for Board and City approval. DISCUSSION: The City has approached the District to request that the District provide 08�M senrices to the City for their newly constructed Bijou Stormwater Pump Station. The City does not maintain staff with the expertise to operate and maintain the pump station, and has requested these services from the District as a benefit to the community. The proposal is that the District would perform preventive maintenance, corrective maintenance and emergency response for the pump station equipment, but not the structure, grounds, or other non-mechanical/electrical elements of the pump station. Staff has, in coordination with the City, developed a Scope of Services for District operation and maintenance of the pump station for Board consideration (attached). In addition, staff has developed a preliminary estimate of efforf and cost (to be provided prior to and at the Board Meeting). Based on this preliminary assessment, staff expects that the annual effort for preventive maintenance will be approximately $25,000. This estimate does not include start-up costs for District efforts, which will be performed one time only which will be this Fall. The effort and cost for corrective maintenance will be considered on a case-by-case basis, and the District will be reimbursed by the City for its emergency response costs. The Agreement would be updated annually, and the District would be reimbursed by the City for all of its actual costs to provide these services. The reimbursement process is described in greater detail in the attached Scope of Services. Staff recommends that the Board agree in concept to provide 08�M Services to the City for their Bijou Stormwater Pump Station, and authorize staff to develop an Agreement for Board consideration at the October 1 bth Board meeting. -43- Julie Ryan September 4,2014 Page 2 SCHEDULE: Upon Board Approval COSTS: Intemal staff time ACCOUNT NO: , BUDGETED AMOUNT AVAILABLE: N/A I ATTACHMENTS: Scope of Services; Estimate of Effort and Cost (to be provided prior to and at the Board Meeting) CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES -44�10 CHIEF FINANCIAL OFFICER: YES NO � U7M TqNpF , — - �.`— � �y`t�.�' 1950•Ws_� . B ��Y{T�[ CITY OF SOUTH LAKE TAHOE- BIJOU STORMWATER PUMP STATION OPERATION AND MAINTENANCE SCOPE OF SERVIC�S General Understandina The City of South Lake Tahoe (City) has requested that South Tahoe Public Utility DISTRICT (District) provide a proposed scope of work and annual cost for the Operation and Maintenance of the mechanical, electrical and instrumentation components of the Bijou Commercial Core Stormwater Pumping Facilities. DISTRICT will develop a Preventive Maintenance Program for City approval that includes all necessary inspections, tests, services, lubrication, and repairs on systems, within 30 calendar days of being furnished requested equipment asset sheets. The plan shall include a periodic schedule (daily, weekly, bi-monthly, monthly, quarterly, semi- annual, or annual, as appropriate) of all work for each system to be performed. Annually, the District will prepare reports of maintenance and provide them to the City. DISTRICT will provide a sufficient number of certified, qualified, capable and experienced personnel (Operators) to operate, maintain, monitor, and repair the pumping facilities at the Bijou Stormwater Pump Station (SWPS). All work performed by the District will be subject to the terms of the District's labor agreement. Preventive Maintenance Preventive, routine and scheduled maintenance and repairs are those ordinary and necessary tasks and supplies required to keep the mechanical components operating in accordance with manufacturer's recommendations under normal usage and good standards of care, and to keep the equipment maintained in a clean and neat manner, including but not limited to: • Inspection of Equipment. • Lubr'�cation of Equipment. • Cleaning 8� replacing filters, screens, belts, AND fuses (If applicable). � • Checking 8� replacing lights. . • Cleaning equipment. • Painfiing and corrosion control. __.................._...._.._.... . _ _. ._..... ... ... .... ... _.....................___..... .._ _... . _ JC�`U�'�'? iG'1:�� :,'�l�:C ;j':`If`� .�JFS:•�C� ( �L��:%!0.`7:70W C�2s��i(iV2.:3��.!' I.�TK?�::�li:�. �:.f�� .�'� -45- yoyTH ralloF _ � . ��4'sr.1950 •W'�e ��t1T�iTY CITY OF SOUTH LAKE TAHOE- BIJOU STORMWATER PUMP STATION OPERATION AND MAINTENANCE • Calibration of flow meter, and analysis equipment. Under the agreement, the District will define the Preventive Maintenance Program and perform and/or arrange all preventive, routine, and scheduled maintenance, and repairs. Corrective Maintenance Corrective Maintenance is defined as any maintenance that is not part of the regular Preventive Maintenance Program, including repairs and replacement of system components. Corrective Maintenance may also include any changes to components of the system or their function that the City requests the District to perform on their behalf. The District will promptly notify the City of any needed warranty work during the warranty period. The City will coordinate warranty repair work at the facilities during the warranty period. The City will notify the District when the warranty work will occur. Emerqency Response In the event of an equipment malfunction or failure, the Operator will take prompt action to restore the facility to normal operation. The District will receive emergency calls 24 hours a day and respond to emergency alarm calls from the City. Emergency service involves the correction of conditions that constitute an immediate danger to personnel, threaten property, and/or require action to restore essential service. The District will promptly notify the City of the need for emergency response and repairs. District operation, maintenance and emergency response to District facilities will take priority over District emergency response to City facilities. Costs • Costs for all services provided by the District will be the responsibility of City. • Annually, the District will develop an estimate of costs to perform Preventive Maintenance for the pumping facilities. This estimate will be provided to the City for review and approval. The estimate will form the basis for a payment by the City to a deposit account held � by the District. As Preventive Maintenance work is performed, the District will submit fully burdened cost summaries (Work Orders) to _ _...._..._..__............_... ........ _... ... _.......__ . _ .._.............._............. _....__.. _._ _........-- SOUtf3 TCth^vG PUb'::� U':'i i�j ,�.'i5*CIC� � i L7J:??'7.3t�w C�PS�QCiVB,sOU��"' ��?7;"'10�, �`~,R. Y5'.�0 -46- y�UTH TqkpF ��. ��.. �ssa •w'�� rTRJTY CITY OF SOUTH LAKE TAHOE- BIJOU STORMWATER PUMP STATION OPERATION AND MAINTENANCE the City for review. The District will deduct each cost summary from the balance of the deposit account. • The District will coordinate or perform all Corrective Maintenance repair work necessary at an additional charge. The District will provide an estimate to City for approval before initiating repairs. The estimate will be submitted within two weeks after the District identifies that work is required. The agreed value of the Corrective Maintenance will be added by the City to the balance of the deposit account prior to the District proceeding with corrective measures. As corrective measures are performed, the District will submit fully burdened cost summaries (Work Orders) to the City for review. The District will deduct each cost summary from the balance of the deposit account. • At the end of each year, the deposit account will be balanced. o If the actual costs for the prior year exceeded the amount available, the following year's initial balance will be increased by the amount of the prior year shortage, so that the District may recover its actual costs. o If the actual costs for the prior year are less than the amount of the account, the following year's initial balance will be reduced by the amount of the prior year excess, so that there is not a surplus in the account. • Costs for Emergency Response will be tracked and submitted to the City for reimbursement as they occur. The reimbursement will be paid directly, not through deposit account. Stormwater Facilities Only the City-owned pump station facilities as shown on Sheets M-1 through I-2 of the Bijou Area Erosion Control Project, Phase 1, Volume 1, Plan Set, will be covered by the agreement, plus 4 additional anti- surge air located along the length of the 12" stormwater force main from the pump station to the infiltration ponds per Detail 4/Sheet M-3. �ecific Exclusions and Limitations The following facilities and services are specifically excluded from the agreement: � • Building structures (including interiors, exteriors, roof, doors,_windows and finishes) • Wetwell structure (including inlet piping) ___..... _.. ............. ............._ _.. __ ___.. .__...._...._...... .._ _ ___..... _ ... Scu#h iahoe P;�b?C ;f':::ifiy�is't'iC; � 127�,�1?�;:��Y�,,r''��t v�:ve.SGU}h L�k?T;hOe, CA 45'S� 6 �TH TaH�F �i�. Aj.sBK'er.19so •W'�� a7/� � ��;��/ CITY OF SOUTH LAKE TAHOE - BIJOU STORMWATER PUMP STATION OPERATION AND MAINTENANCE • HVAC System • Lighting • Sediment vaults • Grounds • Gravity piping • Drop Inlets • Force Mains • Erosion control • Fencing • Snow removal • Pavement The District will require the City to implement a maintenance program for the sediment vaults as recommended by the design engineer, to minimize the potential for sediment and debris to adversely affect the function of the pumping system. Overflows of the treatment vaults and pump station and any subsequent fines and added costs will be the responsibility of the City. Terms and Conditions In addition to the District's standard terms and conditions that are typically included at the end of each of the District's agreements, the following terms and conditions should be included. • The City shall indemnify all District operations and activities related to the Pump Station 08�M, except the District's sole active negligence and intentional misconduct. • The City will indemnify the District for the defense of any challenge to the Agreement. • The District will maintain commercial general liability insurance, auto insurance and worker's compensation insurance.� • The District's operation and maintenance of its water/wastewater systems shall take priority in the event of insufficient personnel for both. • The agreement will include a Force Majeure provision to relieve the District of performing the specified activities in the event of an Act of God, labor dispute, etc. � � The City will reimburse the District if the District's insurance rates are increased as a result of these activities. _ . . _..................... ............. ......__...__.. .. _......................_.._.................................. _......_._........................... ._.. . _.............. ........... >c�_ith�rhue P;�bl;c :l�::ity�is`rict � 1275?vieaU�� asf��rive.�outh Lake T;;��oe, v,� �6;�� -48- y�VTH TqNOF - :�-_ e� Ay�i`er.7950•Wsa �:(/T1uTY CITY OF SOUTH LAKE TAHOE- BIJOU STORMWATER PUMP STATION OPERATION AND MAINTENANCE • The agreement will include a perpetual term which can be terminated upon reasonable notice by either party. • The agreement will include a default provision in the event either party fails to perform its obligations. The District must consider the impacts that the addition of the Operation and Maintenance of the City's Bijou Stormwater Pump Station may have on the job duties of the District's personnel. The scope of work and agreement will be presented to the Union in a meet and confer meeting, for consideration and discussion of the impacts this additional work may have on District staff, and agreement as to how to address any impact. Any resulting labor costs from the addition of the activities will be passed on to the City. 5 _..----..... _ __---..._......_..._ ..............--- __ ......... ......_..___ ....__... __ _._....._...._ .. .. .. _ -- - �GUfI^: G�'IOE.' PiJb;[i. :�'tlt}�ES'�'C' � �2?J t�lR�'.1'C�.'S3W �rest Grve. �;�ut�^ Lak.e T:�`l"c. �:��!:�� -49- 6eneral Manager ' Richard H.Solbrig � • 1950 • w� O �� O ^ Director5 �� GhriS Cefalu v Jame:�R.JoneS �� . Randy Vogelgesang =�" f ub[ic Utiiity DiStrict Kelly 5heehan Eric 5chafer 1275 Meadow Crest Drive•South Lake Tahoe•CA 96150-7401 Phone 530 544-6474•Fax 530 541-0614•www stpud.us BOARD AGENDA ITEM 6c TO: Board of Directors FROM: Lynn Nolan, Grant Coordinator MEETING DATE: September 4, 2014 ITEM-PROJECT NAME: Memorandum of Understanding (MOU) Adopting the Revised Tahoe Sierra Integrated Regional Water Management (TSIRWM) Plan REQUESTED BOARD ACTION: Adopt attached MOU #or the revised Tahoe Sierra Integrated Regional Water Management Plan. DISCUSSION: The TSIRWM Partnership has completed the revision of the TSIRWM Plon and submitted the Plan to the Department of Water Resources (DWR) for review. DWR has approved the TSIRWM Plan and the District needs to adopt the attached MOU signifying their concurrence with the plan as written. The plan is available for Board review on the TSIRWM website: www.tahoesierrairwm.orQ as it is too large to attach to this item.The TSIRWM, in which the District acts as lead agency, submitted an application for several drought related projects, including a regional water conservation project, for a totat of$1.5 Million on July 21, 2014. A requirement of the drought grant application is that each agency requesting Proposition 84 TSIRWM funds has a signed MOU for the TSIRWM Plan submitted to DWR by September 9, 2014. SCHEDULE MOU must be submitted to DWR by September 9, 2014 COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: MOU CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water 8�Sewer GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -51- Memorandum of Understanding (MOU) Regarding the Tahoe Sierra IRWM Plan (Integ�ated Regionai Water Management Plan) Revised January 30, 2014, 1. Purpose of MOU The signatories of this Memorandum of Understanding (MOU)recognize the value of coordinating water management, planning and implementation activities within the Tahoe Sierra Integrated Regional Water Management Plan Region (Region) which inGudes the Truckee River watershed including the Tahoe Region, and the Carson River watershed all of which are contained in portions of Alpine, EI Dorado, Placer, Sierra, and Nevada Counties as shown on Exhibit A. This MOU is in reference to the intent of the IRWM Program is to encourage integrated regional strategies for management of water resources and to provide a mechanism to apply for funding, through competitive grants, for projects that protect communities from drought, protect and improve water quality, and improve local water security by reducing dependence on imported water. This MOU facilitates the implementation of the Tahoe Sierra Integrated Regional Water Management Plan (IRWM Plan), a set of coordinated st�ategies for management of water resources and for the implementation of projects that protect our Tahoe Sierra communities from drought, protect and improve water quality and improve local water security. 2. Goals of IRWM Plan Water management goals within the Tahoe Sierra IRWM Plan include but are not limited to: • Aligning with ongoing IRWM requirements � Supporting and improving local and regional water supply reliability; • Reducing conflict between water users and resolving water rights disputes; • Contributing measurably to the long-term attainment and maintenance of water quality standards; • Eliminating or significantly reducing pollution in impaired waters • Restoring and protecting sensitive habitat areas; • Coordinate with the Lahontan Regional Wate�Quality Control Board Basin Plan; � Implementing non-point source (NPS) pollution plans. The 2014 Revised Tahoe Sierra IRWM Plan can be found at (http://tahoesierrairwm.com/). All future revisions of the Tahoe Sierra IRWM Plan will also be posted at this location. Page 1 of 5 Revised Tahce-Sierra MOU 1/30/14 -53- The implementation projects as chosen by all the agencies are listed in the IRWM Plan. These projects have been evaluated and ranked in implementation order by all members of the Tahoe Sie�ra IRWM. It is expected the signatories of this MOU will apply for available funding. Stakeholders and project proponents will be invited at least once every finro-years to submit additional projects for consideration to be included in the IRWM Plan or provide updates to projects already included in the IRWM Plan, without formal amendment of the IRWM Plan. 3. Mutual Understandings This MOU does not abridge any decision-making authorities of any signatory. The Tahoe Sierra IRWM Plan and implementation guidelines developed under this MOU will not conflict with any legal obligation of any signatory, including those under contracts, licenses, permits, regulations and statutes. This MOU is not an obligation of funds, and does not control or limit pursuit of funding for any future project of any signatory. It is expected that signatories to this MOU will contribute staff time necessary to meet the goals of this MOU. 4.Withdrawal from the MOU Any party to the MOU may end its participation by providing written notice to the partnership lead at their normal business address. 5. Signatories to the MOU MOU Signatories: The signatories to this MOU represent a spectrum of public agencies, special districts, non-profit organizations and education institutions throughout the Tahoe Sierra region. The signatories of this MOU will: • Foster a collaborative water management planning environment; • Promote integration of water management across geographies of the region; • Recommend priorities for implementation projects; • Cooperatively apply for and obtain funding for implementation projects; • Revise and update the Tahoe Sierra IRWM Plan as needed; • Communicate the best available information to decision makers, stakeholders and the public We the undersigned adopt the Tahoe Sierra IRWM Plan and will act to implement it to the best of our ability in compliance with applicable legal requirements. Page 2 of 5 Revised Tahce-Sierra MOU 1/30/14 -54- Future signatories to this agreement are welcome, and past signatories to the original MOU are still viable unless written notice to end the participation of the agency has been received by the partnership lead. This MOU may be executed by submittal of individual signature pages that when combined, shall constitute a single instn.iment. The signatories to this MOU represent that they have the authority to bind their respective agency to this MOU. Page 3 of 5 Revised Tahoe-Sierra MOU 1/30/14 -55- 1. Tahoe Sierra IRWM Plan Memorandum of Understanding Signatory Page Agency Responsible party/title for signature Signed Date signed Page 4 of 5 Revised Tahoe-Sierra MOU 1/30/14 -56- PaM.\YNi1G15\Pm� sVTalroeSbrnIRY4MP1Evenis�F 1-1 Re ionBounda mKC � 69l'� a�i l— � `..»t "��.__1 . . . . . � " . . � y �F1}Y-�I�� . $i�.a ..._ . .d..��.^q)(}Retl0in9 J ' � � � I � J� .. .. ..� �-n'~� Reno ... 4-�s.m,TSaI�RWM M� . . Webher ��!'saii'. ., . . �i...d r ,�, 3,,..o yI �. Lake � ��'} " �. •amo j � ��. � � j r� ' �cazon i �'.�: � �' • " _�i 5.�._S°'i/'�^i L�k alr� � rvilla � L�i ��a�� ` � ts � �' M=aco.v� � c�� l.*5 r o��...1✓ l3Y _a4;n � _ �- -d^ - c.— M p F.Es _ •' I nd � ! �f. I F �Sb.S t'J� {e �"r� P.C-5 � � i � �� x i as_ . �r irkae. . -r�=« S�ur , - � �„r!; ,,:�,.� s-Esn.U9GS.�NO�FA _. ./..'i Ss,7�'�w.�.� . _.._ _ __" " ..,:. � . _- - ',.}; . ! �- �- � r� Placa�Co:.-�.� � . Carso� � City / E '_ - i . � -_.�: � . . .; �3 r..�,.r� .,�"+�' �----------- ` .�a __ . � `'� . _ � �„:; . �� rtookto��a � � � Lake Rubicon, � . '.� . � Reservolr' . � �� . � . ^ -,:C -- South Lake Tahoe �Gardnerville _ T _Ca_�a- 7� k_� _ ' L-a�c �"�1 � ,��,_ �i: , . . � �6 - Lai'e j:� {,- AI �z a, 3''4 � � . �*�AudLake EI'Jcradc�ourt� - �^'�'.�H,n ,r,� � . �,� � �s,i... -�� t. � � ��.$ F�j� �r�� ,. . ke=�_�re�ci�. . Caples �.:.i.� ,�.. �"�L� Topaz Lake �'.- _d�:.� �Lake � � . _ . N t�.:e s� r y ___ .e"'�' , . .�.� " �� d�P a " yt ��"� � o^a _�,.,. 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SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT AVAILABLE: AITACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES � NO CHIEF FINANCIAL OFFICER: YES NO -71-