File #: 12-138    Name:
Type: Minutes Status: Passed
File created: 2/7/2012 In control: Board of Supervisors
On agenda: 2/7/2012 Final action: 2/7/2012
Title: Acting as the Board of Directors of the Pajaro County Sanitation District: a. Approve Amendment No. 7 to Acting as the Board of Directors of the Pajaro County Sanitation District: a. Approve Amendment No. 7 to
Attachments: 1. Amendment No. 7 to Operations and Services Agreement between Pajaro/Sunny Mesa Community Services District and Pajaro County Sanitation District, 2. Completed Board Order, 3. Signed Board Report

 

 

 

 

AMENDMENT NO. 7 TO OPERATIONSd��AMENDMENT NO.7 TO

OPERATIONS AND SERVICES AGREEMENT

BETWEEN PAJARO/SUNNY MESA COMMUNITY SERVICES DISTRICT AND

PAJARO COUNTY SANITATION DISTRICT

THIS AMENDMENT NO. 7 to the Operations and Services Agreement between the Pajaro/Sunny

Mesa Community Services District, a political subdivision of the State of California hereinafter,

Community Services District"), and the Pajaro County Sanitation District hereinafter, County

Sanitation District") is hereby entered into between the Community Services District and the County

Sanitation District collectively, the Community Services District and the County Sanitation District

are referred to as the Parties").

WHEREAS, County Sanitation District entered into an Operations and Services Agreement with

County Sanitation District on January 9, 2007 hereinafter, Agreement"); and

WHEREAS, Agreement was amended by the Parties on February 12, 2008 hereinafter,

Amendment No. 1  December 17, 2008 hereinafter, Amendment No. 2"), January 6, 2010

hereinafter, Amendment No. 3"), February 3, 2010 hereinafter, Amendment No. 4"); December

17, 2010 hereinafter, Amendment No. 5"), and January 25, 2011 hereinafter, Amendment No.

6"); and

WHEREAS, operational and maintenance services for the wastewater collection system in the Pajaro

County Sanitation District have not been completed and continuing work is necessary; and

WHEREAS, the Parties wish to further amend the Agreement to increase the amount by $168,000.00

and extend the term to February 9, 2013 to continue to provide tasks identified in the Agreement.

NOW, THEREFORE, the Parties agree to amend the Agreement as follows:

1. Amend the first sentence of Paragraph 2, Term", to read as follows:

The term of this Agreement shall commence on January 9. 2007 and` shall end on February 9,

2013, unless sooner terminated by the Parties.

2. Amendment No. 7 to Agreement hereby increases the Agreement amount by $168,000.00 for

a total amount not to exceed $1,086,000.00.

3. All other terms and conditions of the Agreement remain unchanged and in full force.

4. This Amendment No. 7 shall be attached to the Agreement and incorporated therein as if

fully set forth in the Agreement.

Amendment No. 7 to Operations and Services Agreement

Pajaro/Sunny Mesa Community Services District

Operational and Maintenance Services for the

Wastewater Collection System in the Pajaro County Sanitation District

RMA  Department of Public Works

Term: January 9, 2007  February 9, 2013

Not to Exceed: $1,086,000.00

Page 1 of 2

 

 

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AMENDMENT NO. 7 TO OPERATIONSd��IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 7 to the Agreement

as of the day and year written below:

COUNTY OF MONTEREY

COMMUNITY SERVICES DISTRICT

By: By: / 0171

Chair of the Board of Supervisors Don Rosa, General Manager

Date: /1 /Z-- Date:

ounm ouns

C6unsel

Did uyy Count

Date:

Approved as to Indemnity and Insurance Provisions

By:

Risk Management

Date:

Amendment No. 7 to Operations and Services Agreement

Pajaro/Sunny Mesa Community Services District

Operational and Maintenance Services for the

Wastewater Collection System in the Pajaro County Sanitation District

RMA  Department of Public Works

Term: January 9, 2007  February 9, 2013

Not to Exceed: $1,086,000.00

Page 2 of 2

 

 

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AMENDMENT NO. 7 TO OPERATIONSd��Association of California Water Agencies / Joint Powers Insurance Authority

P.O. Box 619082, Roseville, CA 95661-9082

CERTIFICATE OF COVERAGE

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN

THOSE PROVIDED IN THE COVERAGE DOCUMENT. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE

COVERAGE DOCUMENTS LISTED HEREIN.

MEMBER

Pajaro/Sunny Mesa Community Services District

136 San Juan Rd

Royal Oaks, CA 95076

REVISED

COVERAGE INFORMATION

This is to certify that coverage documents listed herein have been issued to the Member Agency herein for the Coverage period indicated. Not withstanding any

requirement, term or condition of any contract or other document with respect to which the certificate may be issued or may pertain, the coverage afforded by the

coverage documents listed herein is subject to all the terms, conditions and exclusions of such coverage documents.

Type of Coverage Certificate # Effective Date Expiration Date Limits

General Liability MOLC-100111 10/1/2011 10/1/2012 Aggregate $3,000,000

0 Commercial General Liability    Per Occurrence $1,000,000

0 Contractual Liability   

p Products/Completed Operations   

0 Occurrence   

Auto Liability MOLC-100111 10/1/2011 10/1/2012 Per Occurrence $1,000,000

0 Owned Autos   

0 Hired Autos   

0 Non-Owned Autos   

Auto Physical Damage   

Scheduled Autos   

Hired Autos   

Property   

Special Form   

Mobile Equipment   

Boiler and Machinery   

Crime   

Workers' Compensation   

Coverage A  Workers' Comp.   

Coverage B  Employer's Liability   

DESCRIPTION

County of Monterey, the Pajaro County Sanitation District, and each of their officers, agents, and employees have been added as Additional

Covered Parties to the Liability Program, but solely with respect to those causes of arising directly out of the activities covered by the Operation

and Services Agreement.

CERTIFICATE HOLDER CANCELLATION

 Should any of the coverage documents herein be

 cancelled before the expiration date thereof, ACWA/JPIA

 will endeaverto provide 30 days written notice to the

 certificate holder named herein.

County of Monterey

Public Works Dept AUTHORIZED REPRESENTATIVE DATE

168 W. Alisal Street, 2nd Floor j 1/13/2012

 

Salinas, CA 93901 t

 

 

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AMENDMENT NO. 7 TO OPERATIONSd��ADDENDUM

to the

Memorandum of Liability Coverage

for the

 ASSOCIATION OF CALIFORNIA WATER AGENCIES

JOINT POWERS INSURANCE AUTHORITY

MEMBER: Pajaro/Sunny Mesa Community Services District

 

COVERAGE PERIOD: 10/1/2011  10/1/2012

ADDENDUM DATE: 10/1/2011

ADDENDUM NUMBER: I

Change in WHO IS COVERED

The following entities are hereby added Additional Covered Parties:

REVISED

County of Monterey, the Pajaro County Sanitation District, and each of their officers, agents, and employees, but

solely with respect to those causes of arising directly out of the activities covered by the Operation and Services

Agreement, and subject to a $1,000,000 per occurrence and $3,000,000 annual aggregate limit of liability.

The coverage provided by this Memorandum of Liability Coverage shall be primary as respects any claims

related to the operations performed by or on behalf of Pajaro/Sunny Mesa Community Services District. Any

other insurance maintained by the County of Monterey shall not contribute with it.

This coverage shall not be canceled or materially changed without first giving thirty 30) days prior written notice

to the County of Monterey.

Policy No. MOLC-100111

Signed By: Date: 1/13/2012

Authorized Representative)

 

 

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THE-U012

TERM-U012

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2013;-U012

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AMENDMENT NO. 7 TO OPERATIONSd��Association of California Water Agencies / Joint Powers Insurance Authority

P.O. Box 619082, Roseville, CA 95661-9082

CERTIFICATE OF COVERAGE

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN

THOSE PROVIDED IN THE COVERAGE DOCUMENT. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE

COVERAGE DOCUMENTS LISTED HEREIN.

MEMBER

Pajaro/Sunny Mesa Community Services District

136 San Juan Rd

Royal Oaks, CA 95076

COVERAGE INFORMATION

This is to certify that coverage documents listed herein have been issued to the Member Agency herein for the Coverage period indicated. Not withstanding any

requirement, term or condition of any contract or other document with respect to which the certificate may be issued or may pertain, the coverage afforded by the

coverage documents listed herein is subject to all the terms, conditions and exclusions of such coverage documents.

Type of Coverage Certificate # Effective Date Expiration Date Limits

General Liability   

Commercial General Liability   

Contractual Liability   

Products/Completed Operations   

Occurrence   

Auto Liability   

Owned Autos   

Hired Autos   

Non-Owned Autos   

Auto Physical Damage   

Scheduled Autos   

Hired Autos   

Property   

Special Form   

Mobile Equipment   

Boiler and Machinery   

Crime   

Workers' Compensation MOWC&EL-0701 11 7/28/2011 7/1/2012

0 Coverage A  Workers' Comp.    Per Accident Statutory Limit

0 Coverage B  Employer's Liability    Per Accident $2,000,000

DESCRIPTION

Operation and Services Agreement

CERTIFICATE HOLDER CANCELLATION

 Should any of the coverage documents herein be

 cancelled before the expiration date thereof, ACWA/JPIA

 will endeavor to provide 30 days written notice to the

 certificate holder named herein.

County of Monterey

Public Works Dept. AUTHORIZED REPRESENTATIVE DATE

168 W. Alisal Street, 2nd Floor

li

CA 93901

S r 7/28/2011

/

t

nas,

a

A

 

 

BIB]

 

40954-U01

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EXTEND-U012

THE-U012

TERM-U012

THROUGH-U012

FEBRUARY-U012

9,-U012

2013;-U012

B.-U012

AUTHORIZE-U012

THE-U012

CHAIR-U012

OF-U012

THE-U012

BOARD-U012

TO-U012

EXECUTE-U012

AMENDMENT-U012

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AMENDMENTS-U012

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SIGNIFICANTLY-U012

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COMPLETED BOARD ORDER"�|E^��Before the Board of Supervisors in and for the

County of Monterey, State of California

Agreement No. A-10766

a. Approve Amendment No. 7 to Operations and

Services Agreement No. A-10766 with the

Pajaro/Sunny Mesa Community Services District

to continue to provide tasks associated with

operational and maintenance services for the

wastewater collection system in the Pajaro County

Sanitation District in the amount of $168,000 for a

total amount not to exceed $1,086,000 and extend

the term through February 9, 2013; and

b. Authorize the Chair of the Board to execute

Amendment No. 7 to Operations and Services

Agreement No. A-10766 and future amendments

that do not significantly alter the scope of work or

change the approved Agreement amount

Upon motion of Director Armenta, seconded by Director Salinas, and carried by those

members present, the Board hereby acting as the Board of Directors of the Pajaro County

Sanitation District the Board hereby;

a. Approved Amendment No. 7 to Operations and Services Agreement No. A-10766

with the Pajaro/Sunny Mesa Community Services District to continue to provide

tasks associated with operational and maintenance services for the wastewater

collection system in the Pajaro County Sanitation District in the amount of

$168,000 for a total amount not to exceed $1,086,000 and extend the term through

February 9, 2013; and

b. Authorized the Chair of the Board to execute Amendment No. 7 to Operations

and Services Agreement No. A-10766 and future amendments that do not

significantly alter the scope of work or change the approved Agreement amount.

PASSED AND ADOPTED on this 7th day of February, 2012, by the following vote, to-wit:

AYES: Directors Armenta, Supervisor Calcagno, Salinas, Potter and Parker

NOES: None

ABSENT: None

30

I, Gail T. Borkowski, Clerk of the Board of Directors of the Pajaro County Sanitation District,County of Monterey,

State of California, hereby certify that the foregoing is a true copy of an original order of said Board of Directors

duly made and entered in the minutes thereof of Minute Book 76 for the meeting on February 7, 2012.

Dated: February 9, 2012

Gail T. Borkowski, Clerk of the Board of Directors

Pajaro County Sanitation District,

County of Monterey, State of California

By

Deputy

 

 

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COMPLETED BOARD ORDER"�|E^��AMENDMENT NO. 7 TO

OPERATIONS AND SERVICES AGREEMENT

BETWEEN PAJARO/SUNNY MESA COMMUNITY SERVICES DISTRICT AND

PAJARO COUNTY SANITATION DISTRICT

THIS AMENDMENT NO. 7 to the Operations and Services Agreement between the Pajaro/Sunny

Mesa Community Services District, a political subdivision of the State of California hereinafter,

Community Services District"), and the Pajaro County Sanitation District hereinafter, County

Sanitation District") is hereby entered into between the Community Services District and the County

Sanitation District collectively, the Community Services District and the County Sanitation District

are referred to as the Parties").

WHEREAS, County Sanitation District entered into an Operations and Services Agreement with

County Sanitation District on January 9, 2007 hereinafter, Agreement"); and

WHEREAS, Agreement was amended by the Parties on February 12, 2008 hereinafter,

Amendment No. 1"), December 17, 2008 hereinafter, Amendment No. 2"), January 6, 2010

hereinafter, Amendment No. 3"), February 3, 2010 hereinafter, Amendment No. 4"); December

17, 2010 hereinafter, Amendment No. 5"), and January 25, 2011 hereinafter, Amendment No.

6"); and

WHEREAS, operational and maintenance services for the wastewater collection system in the Pajaro

County Sanitation District have not been completed and continuing work is necessary; and

WHEREAS, the Parties wish to further amend the Agreement to increase the amount by $168,000.00

and extend the term to February 9, 2013 to continue to provide tasks identified in the Agreement.

NOW, THEREFORE, the Parties agree to amend the Agreement as follows:

1. Amend the first sentence of Paragraph 2, Term", to read as follows:

The term of this Agreement shall commence on January 9, 2007 and shall end on February 9,

2013, unless sooner terminated by the Parties.

2. Amendment No. 7 to Agreement hereby increases the Agreement amount by $168,000.00 for

a total amount not to exceed $1,086,000.00.

3. All other terms and conditions of the Agreement remain unchanged and in full force.

4. This Amendment No. 7 shall be attached to the Agreement and incorporated therein as if

fully set forth in the Agreement.

Amendment No. 7 to Operations and Services Agreement

Pajaro/Sunny Mesa Community Services District

Operational and Maintenance Services for the

Wastewater Collection System in the Pajaro County Sanitation District

RMA  Department of Public Works

Term: January 9, 2007  February 9, 2013

Not to Exceed: $1,086,000.00

Page 1 of 2

 

 

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COMPLETED BOARD ORDER"�|E^��IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 7 to the Agreement

as of the day and year written below:

COUNTY OF MONTEREY COMMUNITY SERVICES DISTRICT

By: By: l~.l Ae"N'~

Chair of the Board of Supervisors

Date:

Don Rosa, General Manager

Date: 1-13-1-2-

Approved as to Indemnity and Insurance Provisions

By:

Risk Management

Date:

Amendment No. 7 to Operations and Services Agreement

Pajaro/Sunny Mesa Community Services District

Operational and Maintenance Services for the

Wastewater Collection System in the Pajaro County Sanitation District

RMA  Department of Public Works

Term: January 9, 2007  February 9, 2013

Not to Exceed: $1,086,000.00

Page 2 of 2

 

 

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SIGNED BOARD REPORT"�|E^��MONTEREY COUNTY BOARD OF SUPERVISORS

PAJARO COUNTY SANITATION DISTRICT

MEETING: February 7, 2012  Consent  Special Districts AGENDA NO.: 3 0

SUBJECT: Acting as the Board of Directors of the Pajaro County Sanitation District:

a. Approve Amendment No. 7 to Operations and Services Agreement

No. A-10766 with the Pajaro/Sunny Mesa Community Services District to

continue to provide tasks associated with operational and maintenance

services for the wastewater collection system in the Pajaro County

Sanitation District in the amount of $168,000 for a total amount not to

exceed $1,086,000 and extend the term through February 9, 2013; and

b. Authorize the Chair of the Board to execute Amendment No. 7 to

Operations and Services Agreement No. A-10766 and future amendments

that do not significantly alter the scope of work or change the approved

Agreement amount.

DEPARTMENT: RMA  Public Works

RECOMMENDATIONS:

It is recommended that the Board of Supervisors acting as the Board of Directors of the Pajaro

County Sanitation District:

a. Approve Amendment No. 7 to Operations and Services Agreement No. A-10766 with the

Pajaro/Sunny Mesa Community Services District to continue to provide tasks associated

with operational and maintenance services for the wastewater collection system in the

Pajaro County Sanitation District in the amount of $168,000 for a total amount not to

exceed $1,086,000 and extend the term through February 9, 2013; and

b. Authorize the Chair of the Board to execute Amendment No. 7 to Operations and Services

Agreement No. A-10766 and future amendments that do not significantly alter the scope of

work or change the approved Agreement amount.

SUMMARY/DISCUSSION:

On January 9, 2007, the Board of Supervisors approved Operations and Services Agreement

No. A-10766 Agreement) between the Pajaro/Sunny Mesa Community Services District

PSMCSD) and Pajaro County Sanitation District PCSD) in the amount of $132,000 to provide

operational and maintenance services for the wastewater collection system in the PCSD from

January 9, 2007 through January 9, 2008. In addition, the PCSD compensated the PSMCSD in

the amount of $100,000 for all funds expended in preparation for the assumption of this

Agreement.

On February 12, 2008, the Board approved Amendment No.1 to the Agreement in the amount of

$168,000 for a total amount not to exceed $400,000 to provide additional operational and

maintenance services for the wastewater collection system in the PCSD and to extend the term

through January 9, 2009.

On December 9, 2008, the Board approved Amendment No. 2 to the Agreement in the amount of

$168,000 for a total amount not to exceed $568,000 to provide for additional operational and

maintenance services for the wastewater collection system in the PCSD and to extend the term

through January 9, 2010.

On January 6, 2010, the Chair of the Board executed Amendment No. 3 to the Agreement to

extend the term through January 9, 2011 to continue to provide for tasks associated with

operational and maintenance services for the wastewater collection system in the PCSD but did

not increase funding for the extended term of the Agreement.

 

 

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SIGNED BOARD REPORT"�|E^��Amendment No. 7 to Operations and Services Agreement between Pajaro/Sunny Mesa

Community Services District and Pajaro County Sanitation District

February 7, 2012

Page 2

On February 2, 2010, the Board approved Amendment No. 4 to Agreement No. A-10766 in the

amount of $168,000 for a total amount not to exceed $736,000 to continue to provide tasks

associated with operational and maintenance services for the wastewater collection system in the

PCSD.

On December 17, 2010, the Chair of the Board executed Amendment No. 5 to the Agreement to

extend the term through February 9, 2011 to continue to provide for tasks associated with

operational and maintenance services for the wastewater collection system in the PCSD but did

not increase funding for the extended term of the Agreement.

On January 11, 2011, the Board approved Amendment No. 6 to the Agreement in the amount of

$182,000 for a total amount not to exceed $918,000 to continue to provide tasks associated with

operational and maintenance services for the wastewater collection system in the PCSD for

thirteen 13) additional months and to extend the term through February 9, 2012.

Amendment No. 7 will increase this Agreement by $168,000 for a total amount not to exceed

$1,086,000 to continue to provide for tasks associated with operational and maintenance services

for the wastewater collection system in the PCSD for an additional year and extend the term

through February 9, 2013.

OTHER AGENCY INVOLVEMENT:

The Office of the County Counsel, and Auditor-Controller, have reviewed and approved

Amendment No. 7 as to form and legality, and fiscal provisions, respectively.

FINANCING:

The costs associated with Amendment No. 7 will be financed by appropriations in the Pajaro

County Sanitation District Budget Fund 151, Unit 8197, Department 3000, Appropriation

RMA040, Account 6613) for FY 2011-12 and FY 2012-13.

Prepared by:

Approved by:

Dirk J. Medema, P.E. 831) 784-5647 Paul H. Greenway, P.E.

Environmental Services Manager Actir~.g Director of Public Works

Benny-T.-Young

RMA Director

Dated: January 30, 2012

Attachments: Board Order; Amendment No. 7 to Operations and Services Agreement between

Pajaro/Sunny Mesa Community Services District and Pajaro County Sanitation

District; Location Maps

 

 

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