agenda 7assessment carpinteria sanitary district for …

44
The regular meeting of the Governing Board will be held commencing at 5:30 p.m. The Carpinteria Sanitary District has determined this meeting to be an Essential Public Meeting that will be conducted pursuant to the provisions of the Governor’s Executive Order. Please note that Board members may participate in person at 1110 Eugenia Place, Carpinteria, CA, or via video or teleconference. In response to the spread of the COVID-19 virus, Governor Newsom has temporarily suspended the requirement for local agencies to provide a physical location from which members of the public can observe and offer public comment and has ordered all Californians to stay home except as needed to maintain continuity of operations of certain critical infrastructure. To minimize the potential spread of the COVID-19 virus, the Carpinteria Sanitary District is not permitting public access to District Board Room for this meeting. The public is encouraged to participate in one of the following ways: 1. Submitting a Written Comment. If you wish to submit a written comment, please email your comment to the Board Clerk at [email protected] by 3:00 P.M. on the day of the meeting. Every effort will be made to read your comment into the record, but some comments may not be read due to time limitations. 2. Participate via video or teleconference using the Zoom remote meeting platform. Instructions to participate electronically are provided here. Since this is an evolving COVID-19 situation, the District will provide updates to any changes to the public meeting procedures as soon as possible. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. BOARD APPROVAL OF AGENDA AS [SUBMITTED] [MODIFIED] Board President asks the Board, public, staff, and legal counsel if there are any additions and/or modifications to the Agenda. IV. APPROVAL OF MINUTES December 21, 2021 AS [SUBMITTED] [MODIFIED] AGENDA FOR THE REGULAR MEETING OF THE CARPINTERIA SANITARY DISTRICT GOVERNING BOARD TO BE HELD January 18, 2022 Zoom Conferencing Instructions Join Zoom Meeting https://us02web.zoom.us/j/89023710098?pwd=OVU5eGprakVWWUFiT3RkRmJsTGtOdz09 Meeting ID: 890 2371 0098 If you would like to attend via Zoom, please contact Kim Garcia, via email at [email protected] or by phone at (805) 684-7214 x 111 for a meeting password.

Upload: others

Post on 09-Jul-2022

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

The regular meeting of the Governing Board will be held commencing at 5:30 p.m. The Carpinteria Sanitary District has determined this meeting to be an Essential Public Meeting that will be conducted pursuant to the provisions of the Governor’s Executive Order. Please note that Board members may participate in person at 1110 Eugenia Place, Carpinteria, CA, or via video or teleconference.

In response to the spread of the COVID-19 virus, Governor Newsom has temporarily suspended the requirement for local agencies to provide a physical location from which members of the public can observe and offer public comment and has ordered all Californians to stay home except as needed to maintain continuity of operations of certain critical infrastructure. To minimize the potential spread of the COVID-19 virus, the Carpinteria Sanitary District is not permitting public access to District Board Room for this meeting. The public is encouraged to participate in one of the following ways:

1. Submitting a Written Comment. If you wish to submit a written comment, please email your comment to the Board Clerk at [email protected] by 3:00 P.M. on the day of the meeting. Every effort will be made to read your comment into the record, but some comments may not be read due to time limitations.

2. Participate via video or teleconference using the Zoom remote meeting platform. Instructions to participate electronically are provided here.

Since this is an evolving COVID-19 situation, the District will provide updates to any changes to the public meeting procedures as soon as possible.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. BOARD APPROVAL OF AGENDA AS [SUBMITTED] [MODIFIED] Board President asks the Board, public, staff, and legal counsel if there are any additions and/or modifications to the Agenda.

IV. APPROVAL OF MINUTES December 21, 2021 AS [SUBMITTED] [MODIFIED]

7Assessment CARPINTERIA SANITARY DISTRICT

AGENDA

FOR THE REGULAR MEETING OF THE CARPINTERIA SANITARY DISTRICT GOVERNING BOARD

TO BE HELD January 18, 2022

Zoom Conferencing Instructions

Join Zoom Meeting https://us02web.zoom.us/j/89023710098?pwd=OVU5eGprakVWWUFiT3RkRmJsTGtOdz09 Meeting ID: 890 2371 0098

If you would like to attend via Zoom, please contact Kim Garcia, via email at [email protected] or by phone at (805) 684-7214 x 111 for a meeting password.

Page 2: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

V. PUBLIC FORUM The public may address the Governing Board on items of interest to the public which are not already on this evening's agenda and are within the subject matter jurisdiction of the Board. The time allotted for this discussion shall be pursuant to Board Bylaws.

VI. MATTERS BEFORE THE BOARD

A. GENERAL REPORTS:

1. General Manager’s Status Report (Pages 1-3)

Description: General Manager to review his written report regarding the following issues:

Quarterly Incident Report

Pandemic Response Update

Santa Claus Lane Restroom Annexation

Dump Road Sewer Rehabilitation Project

Floodwall Emergency Repair Project

Operations Update

2. Continuation of Meeting Teleconferencing (Page 4)

Pursuant to Resolution No. R-351 Description: The Board to review and consider approving continuing the use of teleconferencing for public meetings pursuant to Resolution No. R-351. Staff Recommendation: Staff recommends that the Board authorize the continuation (discontinuance) of the emergency proclamation and allow teleconferencing of meetings pursuant to Resolution No. R-351.

3. Request for Proposals for Independent Financial Audit Services (Pages 5-23)

Description: The Board to review and provide feedback in regard to a Request for Proposals (RFP) for Independent Financial Audit Services. Staff Recommendation: Staff recommends that the Board provide feedback to staff regarding the auditor selection process.

4. Administration Building Replacement Project Status Report (Pages 24-35) Description: The Board to review a report intended to provide a summary of anticipated timing for completion and move-in. Staff Recommendation: None. Information Only.

Page 3: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

5. Carpinteria Advanced Purification Project (CAPP) Update Description: The Board will receive an update status report on the Carpinteria Advanced Purification Project being pursued in conjunction with the Carpinteria Valley Water District. Information on current activities and future tasks or milestones will be presented. Staff Recommendation: None. Information Only.

VII. BOARD ITEMS

A. COMMITTEE REPORTS Description: Verbal reports by the committee chairperson(s) of the following committees:

Standing Finance Committee Standing Personnel Committee Standing Public Relations Committee Standing Utilities Committee

B. GENERAL ITEMS

1. SBCSDA (Santa Barbara – California Special Districts Association) Report 2. Board Member Vacation Dates 3. Future Agenda Items

VIII. ADJOURNMENT

FURTHER INFORMATION AVAILABLE

A staff report providing more detailed information is available for most agenda items and may be reviewed in the District office during regular hours (Monday - Friday from 8:00 a.m. to 12:00 p.m. and/or 1:00 p.m. to 5:00 p.m.). Copies of individual reports may be requested at this office. Call (805) 684-7214 extension 110 for more information.

In compliance with the Ralph M. Brown Act and the Americans with Disabilities Act, if you need a disability-related modification, accommodation, or other special assistance to participate in this meeting, please contact the District’s Board Secretary at (805) 684-7214, extension 111, at least 48 hours prior to the start of the meeting.

Next Ordinance Available........#17 Next Resolution Available.....R-353 Posting Date........1/14/22

Page 4: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

These are the minutes of the regular meeting of the Governing Board of the Carpinteria Sanitary District in the City of Carpinteria, County of Santa Barbara, and State of California.

The Governing Board of the Carpinteria Sanitary District held a regular meeting on December 21, 2021, at 5:30 p.m. at its District administrative office located at 1110 Eugenia Place, Carpinteria, California. The agenda notice for this meeting, including instructions for the public to provide comments, was posted in the front window of the administrative office of the Carpinteria Sanitary District and on the District’s website at least 72 hours in advance of the meeting. The Carpinteria Sanitary District has determined this meeting to be an Essential Public Meeting that will be conducted pursuant to the provisions of Assembly Bill 361 and adoption of Resolution No. R-351. Please note that Board members may participate in person at 1110 Eugenia Place, Carpinteria, CA, or via video or teleconference.

I. CALL TO ORDER President Murphy called the meeting to order at 5:30 p.m. and noted that Director Damron would be absent from tonight’s meeting, all Directors were present at tonight’s meeting. Directors Present: Debbie Murphy– President Lin Graf – President Pro-Tem Mike Modugno – Secretary

Michael Damron – Secretary Pro-Tem (by Zoom video-conference) Gerald Velasco – Treasurer (by Zoom video-conference)

Staff Present: Craig Murray – General Manager Kim Garcia – Board Clerk Legal Counsel Present: Karl H Berger – Hensley Law Group (by Zoom video-conference) Public Present: None

II. PLEDGE OF ALLEGIANCE President Murphy led the Pledge of Allegiance.

III. BOARD APPROVAL OF AGENDA President Murphy asked if there were any modifications and/or changes to the agenda. Hearing none, the agenda was approved as submitted

IV. BOARD APPROVAL OF MINUTES OF THE MEETING OF December 7, 2021 Director Graf made a motion, seconded by Director Modugno that the Board approve the minutes of the December 7, 2021 Regular Board meeting as presented. The motion carried by the following vote:

AYES: 5 Damron, Modugno, Graf, Murphy, Velasco NOES: 0 None ABSENT: 0 None ABSTAIN: 0 None

MINUTES OF THE REGULAR MEETING OF THE CARPINTERIA SANITARY DISTRICT GOVERNING BOARD

December 21, 2021

Page 5: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Regular Meeting Minutes – December 21, 2021 

Page 2 

V. PUBLIC FORUM None

VI. MATTERS BEFORE THE BOARD A. GENERAL REPORTS: 1. General Manager’s Status Report General Manager reviewed his written report regarding the following items:

December 13-14 Rain Event

Lift Station No. 4 Improvements

Administration Building Replacement Project

Rate and Fee Study

Operations Update

2. Continuation of Meeting Teleconferencing – Pursuant to Resolution No. R-351 The Board considered continuing the allowance of teleconferencing of public meeting under an emergency proclamation due to the COVID-19 pandemic. Director Damron made a motion, seconded by Director Velasco that the Board authorize the continuation of the emergency proclamation and allow teleconferencing of meeting pursuant to Resolution No. R-351. The motion carried by the following vote:

AYES: 5 Damron, Modugno, Graf, Murphy, Velasco NOES: 0 None ABSENT: 0 None ABSTAIN: 0 None

3. Annual Board Reorganization President Murphy said this was the time the Board established officers, meeting place, meeting time and other housekeeping functions required annually by law. President Murphy called for nominations for the positions of the Board. After Board discussion, the following determinations were made: BOARD AND COMMITTEE DETERMINATIONS:

Director Graf as President.

Director Modugno as President Pro-Tem.

Director Damron as Secretary.

Director Velasco as Secretary Pro-Tem.

Director Murphy as Treasurer.

Page 6: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Regular Meeting Minutes – December 21, 2021 

Page 3 

The gavel was passed to President Graf, who presided over the remainder of the meeting.

Finance Committee: Chair - Director Murphy; Member – Director Modugno

Personnel Committee: Chair - Director Damron; Member – Director Velasco

Public Relations Committee: Chair - Director Velasco; Member – Director Graf

Local Utilities Committee: Member - Director Graf; Member – Director Modugno

Coastal Districts Financing Authority: Member - Director Modugno; Member – Director Graf Director Modugno made a motion, seconded by Director Graf that the Board approve the Board and Committee determinations. The motion carried by the following roll call vote:

AYES: 5 Graf, Velasco, Murphy, Damron, Modugno NOES: 0 None ABSENT: 0 None ABSTAIN: 0 None

The Board discussed and affirmed/reaffirmed the following:

The Board reaffirms Karl H. Berger of Hensley Law Group as Legal Counsel.

The Board reaffirms Craig Murray, P.E. as General Manager.

The Board affirms 1110 Eugenia Place as the place of regular meetings of the Board. In response to the COVID-19 pandemic and pursuant to the provisions of the Governor’s Executive Order participation may be via video or teleconference.

The Board affirms the first and third Tuesday of each month as the days of the regular meetings of the Board, unless the first and third Tuesday falls on a national holiday.

The Board affirms 5:30 p.m. as the time of the regular meetings of the Board.

The Board reaffirms that Section 54956 and 54956.5 of the Government Code are designated as the manner by which special and emergency meetings respectively shall be called.

The Board reaffirms compensation to Directors as established by Board Resolution for attendance at regular, special or adjourned meetings of the Board of Directors, for committee meetings, seminars, conferences and other meetings as established by Board Resolution.

Director Modugno made a motion, seconded by Director Graf that the Board approve and adopt the organizational provisions as presented in this staff report and orders the Secretary to file a Statement of Facts with the Secretary of State and the County Clerk Recorder’s Office. The motion carried by the following roll call vote:

AYES: 5 Graf, Velasco, Murphy, Damron, Modugno NOES: 0 None ABSENT: 0 None

Page 7: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Regular Meeting Minutes – December 21, 2021 

Page 4 

ABSTAIN: 0 None 4. Change Order No. 7 – Cash Contract No. 484 Administration Building Replacement Project General Manager reviewed his staff report related to Change Order No. 7 to Cash Contract No. 484. If approved, Change Order No. 7 would result in a net cost increase totaling $7,092 increasing the contract price to $3,881,855. Change Order No. 7 covers an elective change to the counter top material and a required change in light fixture type. Director Murphy made a motion, seconded by Director Modugno that the Board approve Change Order No. 7 to Cash Contract No. 484 with Newton as presented. The motion carried by the following vote:

AYES: 5 Murphy, Damron, Graf, Velasco, Modugno NOES: 0 None ABSENT: 0 None ABSTAIN: 0 None

5. Reimbursement Request for Overpayment of Sewer Service Charges – 3504 Via Real (APN 005-430-061) General Manager reviewed his staff report related to a reimbursement request for overpayment of Sewer Service Charges for APN 005-430-061. A review of District file information revealed that the SSC calculated for the 2020/21 and 2021/22 fiscal years errantly included an agricultural water meter which is not returned to the sewer. Therefore, a refund to the parcel owner is being requested. After discussion, Director Velasco made a motion, seconded by Director Murphy that the Board authorize an SSC refund of $28,003.26 for FY 2020/21 and a billing adjustment of $29,308.02 for FY 2021/22 for APN 005-430-061. The motion carried by the following vote:

AYES: 5 Murphy, Damron, Graf, Velasco, Modugno NOES: 0 None ABSENT: 0 None ABSTAIN: 0 None

6. Laboratory and Break Room Improvements Project, Adopting Resolution No. R-352 and Approving Cash Contract No. 497 with Newton Construction and Management General Manager reviewed his staff report related to the Laboratory and Break Room Improvement Project. Resolution No. R-352, if adopted, makes the finding that competitive bidding of the project would be unavailing and waives the competitive bidding requirement consistent with State law and find the project to be categorically exempt from CEQA. Cash Contract No 497, if approved, would engage Newton to perform the project improvements based on their cost proposal, with a total cost of $167,532.

Page 8: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Regular Meeting Minutes – December 21, 2021 

Page 5 

After discussion, Director Murphy made a motion, seconded by Director Modugno that the Board 1) adopt Resolution No. R-352 waiving competitive bidding requirements and making certain related findings for the Laboratory and Break Room Improvements Project; 2) approve Cash Contract No. 497 between the Carpinteria Sanitary District and Newton Construction and Management, Inc.; and 3) increase the authorized budget for the project to $175,000. The motion carried by the following roll call vote:

AYES: 5 Murphy, Damron, Graf, Velasco, Modugno NOES: 0 None ABSENT: 0 None ABSTAIN: 0 None

7. Carpinteria Advanced Purification Project General Manager provided an update related to the Carpinteria Advanced Purification Project. No Board action was taken on this item. 8. Employment Contract – General Manager Legal Counsel said the Board is receiving a copy of the form of employment agreement between the District and Craig Murray as General Manager. The agreement was unchanged from what had been discussed by the negotiating parties and reviewed by the Board in a prior closed session. If approved, the contract will be in effect December 3, 2021 and will replace and supersede the previous contract. Director Murphy made a motion, seconded by Director Modugno that the Board approve the employment agreement with the General Manager, Craig Murray, as presented. The motion carried by the following vote:

AYES: 5 Graf, Damron, Velasco, Modugno, Murphy NOES: 0 None ABSENT: 0 None ABSTAIN: 0 None

. VII. BOARD ITEMS

A. COMMITTEE REPORTS

Standing Finance Committee None

Standing Personnel Committee None

Standing Public Relations Committee None.

Standing Utilities Committee None

Page 9: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Regular Meeting Minutes – December 21, 2021 

Page 6 

B. GENERAL ITEMS

SBCSDA (Santa Barbara California Special Districts Association) Report None

CSRMA Report None.

Board Member Vacation Dates None.

Future Agenda Items None

VIII. ADJOURNMENT

There being no further items to discuss, President Graf adjourned the meeting at 6:30 p.m.

Lin Graf Mike Modugno President President Pro-Tem Michael Damron Gerald Velasco Secretary Secretary Pro-Tem Debbie Murphy Treasurer

Page 10: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Board of Directors Meeting General Manager’s Status Report TO: Board of Directors FROM: Craig Murray, P.E. – General Manager SUBJECT: General Manager’s Status Report DATE: January 18, 2022 Quarterly Incident Report. Attached is the incident summary report for the fourth quarter of 2021. Pandemic Response Update. The District is continuing to implement its pandemic emergency response plan. In recent weeks, after nearly two years of successful avoidance, we experienced incidence of exposure and breakthrough infection within our employee group. Strict adherence to CDPH guidelines was effective, but stressed staffing levels for a period of time. Administration staff continues to monitor CalOSHA workplace requirements, County public health orders/guidance and various other information sources to ensure the District is protective of its staff and the general public. Santa Claus Lane Restroom Annexation. Santa Barbara LAFCO approved the Santa Claus Lane Restroom Annexation and SOI amendment at their meeting on January 6th. This 0.05 acre boundary change will allow for the provision of sanitary sewer service to a new public restroom proposed at Santa Claus Lane beach. District staff is coordinating with Santa Barbara County Public Works on plan review for a main sewer extension and on a Sewer Construction Agreement for the project. Dump Road Sewer Rehabilitation Project. Insituform will mobilize to perform the CIPP lining project on January 18th. Preliminary cleaning and CCTV inspection will occur first, with the project expected to be complete by Friday the 21st. All project submittals have been reviewed and approved. Collections staff are assisting the contractor with private property easement access. Floodwall Emergency Repair Project. Rincon completed and distributed a post-installation report for the on-site habitat restoration to the California Coastal Commission and the Army Corps of Engineers. Channel Islands Restoration is doing periodic maintenance as necessary. We received the final invoice from Stantec for construction period engineering and preparation or record drawings. This was the last item for inclusion in a reimbursement request that we will now submit to CalOES and FEMA for grant payment. Root Control Program. Staff issued a purchase order to Duke’s Root Control for chemical foam root control application in a number of mainline segments that have recurring root intrusion problems. Ongoing drought conditions have contributed to aggressive root growth, much of it in the lower laterals where standard mainline cleaning is not effective. This work will commence on January 18th.

1

Page 11: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Operations Update

System operations updates are as follows:

Operations staff are preparing our NPDES Annual Report and a number of other year end compliance reports required by regulatory agencies. There are now eleven discrete annual regulatory reports required for District operations.

The treatment plant is operating well, however, over the holiday period a series of higher than expected coliform bacteriological sample values resulted in a violation of our 7-day median effluent limitation for coliform bacteria (33 MPN vs. 31 MPN limit). Plant performance was otherwise very normal with low turbidity and normal disinfection dosing. The Laboratory Supervisor is reviewing sampling protocols and analytical method with operations staff to address this apparent anomaly. The violation was reported to the RWQCB as required.

No problems were reported in the collection system. Limited routine maintenance activities due to staffing. Manhole inventory/inspection project ongoing.

Collections staff are coordinating with the City’s construction manager on their ongoing pavement restoration project. Several manhole frame/covers are being provided to Toro, the City’s contractor, to replace deteriorated or damaged infrastructure.

Repairs to a submersible pump at Lift Station No. 4 has been delayed due to staffing limitations. The new PLC based controller faulted due to a poorly seated I/O card, but has otherwise been performing well.

The feed pump and mixer for the magnesium hydroxide system at Lift Station No. 2 have failed. Staff is setting up an alternate pumping system to empty the tank (at normal dose rates) so that repairs ca be made.

The new John Deere tractor was delivered by Cal Coast Machinery. Initial staff training on operation was performed and the unit was put into service.

The belt filter press is currently off-line for mechanical repairs. The screw press is performing adequately in the interim. The age of the belt press has made repair parts difficult to obtain and staff has proposed a capital project to rehabilitate or replace this critical equipment.

2

Page 12: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

CARPINTERIA SANITARY DISTRICT

QUARTERLY SUMMARY INCIDENT REPORT

October 1 - December 31, 2021

Date Location Incident/Complaint Determination/Resolution

10/25/2021 Rincon Point E-One

Collection on-call staff were called out to a E-One pump alarm. Resident

opted to silence alarm and have team return in the morning. Collection staff

found large ball of floss, replaced pump.

11/6/2021 7th Street Lateral Blockage

Collection on-call staff were called out to an interior backup from owner's.

Staff televised lower lateral and checked mainline, finding no problems.

Homeowner had plumber on-site to assist/fix.

11/6/2021 Rincon Point E-One

Collection on-call staff were called out to an E-One pump alarm. Pump not

working, staff changed pump. Staff also found large amount of rags and

depends/diapers in pump. Owner was advised of financial responsibility

for future misuse.

11/29/2021 Padaro Lane Odor Complaint

Collection staff were called to an odor complaint. Resident stated odor

coming from a drain inside the home. Staff checked sewer lines and

notified owner it seemed to be an owner responsibilty issue, owner was

given instruction for solutions.

13

Page 13: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Board of Directors Meeting

STAFF REPORT

TO: Board of Directors FROM: Craig Murray, P.E. - General Manager SUBJECT: Continuation of Meeting Teleconferencing Pursuant to Resolution No. R-351 DATE: January 18, 2022 REQUESTED ACTION: That the Board review and consider continuing the use of teleconferencing for public meetings pursuant to Resolution No. R-351. BACKGROUND: On September 15, 2021, Governor Newsom signed AB 361 into law. This bill leaves existing Brown Act teleconferencing rules in place, but would exempt an agency from complying with teleconferencing rules during a declared state of emergency or local emergency. This bill is scheduled to sunset on January 31, 2022. The District, by adoption of Resolution No. R-351, is currently under an emergency proclamation due to the COVID-19 pandemic and under AB 361 has the option to continue to allow virtual attendance at meetings. Pursuant to Resolution No. R-351, the Board must reconsider the emergency state and allowance of public meeting teleconferencing every 30 days. RECOMMENDATION: It is recommended that the Board consider authorizing the continuation of the emergency proclamation and allowing teleconferencing of meetings pursuant to Resolution No. R-351. SUGGESTED MOTION: I move that the Board authorize the continuation (discontinuance) of the emergency proclamation and allow (cease) teleconferencing of meetings pursuant to Resolution No. R-351. M_______________________________ S_______________________________ Ayes:_____________________ Nays:_________________ Abstentions:________________ Prepared By: ___________________________________ Craig Murray, P.E. - General Manager \\CARP-DC1\Admin\Board\Staff Reports\2022\1-18-22\RESO351_Continuation.doc

4

Page 14: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Board of Directors Meeting

STAFF REPORT

TO: Board of Directors FROM: Craig Murray, P.E. – General Manager SUBJECT: Request for Proposals for Independent Financial Audit Services DATE: January 18, 2022 REQUESTED ACTION: None. BACKGROUND: Each year an independent audit of District finances is performed by a qualified and independent accounting firm in accordance with applicable government accounting standards. The accounting firm of Teaman, Ramirez, Smith (TRS) has been the District’s independent auditor for the last six fiscal years. The FY 2020/21 audit was the last one under their existing professional services agreement with the District. TRS has provided exceptional, dedicated service to the District throughout its contract period. Staff appreciates their continued support and looks forward to future opportunities with their firm. On April 5, 2016, the Board adopted Resolution No. R-293 Establishing a District Policy for Selection and Rotation of Independent Auditing Firms which established a policy and procedure for selection and rotation of independent auditing firms that ensures transparency and maintains process efficiency. Pursuant to Resolution No R-293, after six consecutive years, the District shall select a new auditor using a competitive process. Staff prepared a Request for Proposals (RFP) for independent auditing services and intends to solicit responses from six qualified accounting firms with documented government accounting experience. A copy is attached for review. This form has been reviewed by District Counsel. RECOMMENDATION: It is recommended that the Board provide feedback to staff regarding the auditor selection process. SUGGESTED MOTION: None. Prepared By: ___________________________________

Craig Murray, P.E. - General Manager Attachments: Auditor Request for Proposal – January 2022 \\CARP-DC1\Admin\Board\Staff Reports\2022\01-18-22\Auditor_RFP.doc

5

Page 15: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

REQUEST FOR PROPOSAL

(RFP)

for

INDEPENDENT AUDIT SERVICES

JANUARY 2022

CARPINTERIA SANITARY DISTRICT 5300 Sixth Street

Carpinteria, CA 93013 (805) 684-7214

(805) 684-7213 fax

6

Page 16: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

CARPINTERIA SANITARY DISTRICT RFP for Independent Audit Services – January 2022

1.0 GENERAL

1.1 Purpose

The Carpinteria Sanitary District (District) is soliciting proposals from accounting firms that are interested in providing audit services to the District. The District intends to select a qualified accounting firm to provide three years of independent audit services in accordance with Government Accounting Standards, commencing with the 2022/23 fiscal year. Current District policy allows for a three year extension of this term of service at the discretion of the Board of Directors.

1.2 Agency Description

The Carpinteria Sanitary District is an independent special district that provides wastewater collection, treatment and disposal to the City of Carpinteria and surrounding unincorporated areas in southern Santa Barbara County. The District, which was originally formed in 1928, is governed by a five-member Board of Directors and currently has a staff of 15 full-time employees.

The District’s core responsibility and function is the operation and maintenance of its 2.5 MGD wastewater treatment facility, along with approximately 45 linear miles of sewer pipeline and eight remote pump stations.

The fiscal year for the District runs from July 1 through June 30 of each year. The District’s Finance Department is led by the District Administrator with support from the General Manager and Administrative Assistant.

The District has been awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association (GFOA) for submission of their Annual Comprehensive Financial Report (ACFR) each year since 2011.

Detailed financial information, including copies of recent operating budgets and ACFRs, can be found on the District’s website at http://carpsan.com/customer-info/financial-information.

1.3 Computer and Accounting Systems

The District utilizes the Microsoft Dynamics SL accounting software platform. This premise based system has been used for all internal accounting for many years and the District is currently exploring a transition to a different, integrated accounting software solution. Microsoft Excel and Access are also used to calculate annual sewer service charges and for other financial reporting needs.

1.4 Contact Information

Any questions about this RFP should be directed to:

Kim Garcia – District Administrator Carpinteria Sanitary District 5300 Sixth Street Carpinteria, CA 93013

Phone: (805) 684-7214 x111 Email: [email protected]

7

Page 17: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

CARPINTERIA SANITARY DISTRICT RFP for Independent Audit Services – January 2022

1.5 Submittal Requirements

Interested accounting firms shall submit one electronic copy of their proposal in PDF format to the District no later than 5:00 p.m. on Friday, February 25, 2022. All submittals should be sent to [email protected].

2.0 DESIRED SERVICES The District desires its audited annual financial report to include financial statements prepared in accordance with Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standard Board (GASB) practices. The examination by the auditors of such financial statements shall be performed in accordance with Generally Accepted Auditing Standards (GAAS) and in compliance with all laws. The auditor is expected to prepare the State Controller’s Report as well as to provide technical assistance for preparation of its ACFR for submittal to the Government Finance Officers’ Association (GFOA).

2.1 Project Objectives and Anticipated Scope

It is anticipated that the selected auditor will hold an ”entrance” and “exit” conference with District management staff and the Board’s Finance/Audit Committee during each audit cycle. The “exit” conference will disclose all findings or situations that the auditors feel are weak or problematic. It is also anticipated that the auditor will review and assess internal controls and make recommendations to improve the current procedures. The District will receive a management letter from the auditor reflecting the above items. Any irregularities and illegal acts during the audit shall be reported immediately in writing to the General Manager and the District Administrator or to the Board President, if applicable. The auditor may be asked to provide guidance on implementation of GASB requirements or any federal and state regulations as they effect the local government. The auditor is expected to present the audited financial statements and all findings to the Board of Directors at a regularly scheduled Board meeting. District staff is available to assist the auditors by providing information, documentation and explanations. The District will provide the trial balance, all schedules of depreciation, bonds amortization schedules, accrued expenditures and other related items including a MD&A.

2.2 Audit Report

The audit report shall consist of, but not be limited to the auditor’s report and opinion, a management letter, balance sheet, statement of cash flows, statement of income and operating expenses, notes to the financial statements and any other additional information that may be applicable or pertinent to the audit as would be customary for a complete and conforming audit by current standards and regulations.

8

Page 18: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

CARPINTERIA SANITARY DISTRICT RFP for Independent Audit Services – January 2022

2.3 Single Audit FY 2021/22

The District does not typically receive federal grants or other federal funds above the threshold that would trigger a single audit requirement. However, in FY 2021/22 the District expects to receive in excess of $750,000 in public assistance grant funding from FEMA and CalOES. This is disaster related reimbursement grant funding for work completed in late 2021 to repair structural damage incurred by a Thomas Fire related debris flow event in January 2018. As a subrecipient to CalOES, the District anticipates needing to prepare a single audit that meets the requirements of Title 2 CFR Section 200.501. For the fiscal year ending June 30, 2022, the proposed scope of services should include an optional (additive) work item to perform the single audit and prepare required reporting.

3.0 RFP REQUIREMENTS As previously mentioned, responses should be submitted electronically in PDF format. Required proposal elements are outlined in this section. Submittals may contain additional information and it is not necessary to maintain the specific headings or order presented below.

3.1 Firm Overview

Provide a general overview and history of your firm that describes general capabilities and practice areas. Include a list of office locations and identify the office that would be the primary point of service for District projects. Responses may also contain a description of your firm’s approach to quality assurance and other key operating practices. Responses should include affirmative statement of independence from the Carpinteria Sanitary District and affirmative statement that the firm and assigned staff are licensed to practice in California.

3.2 Experience Summary

This section should include summaries of your firm’s overall experience and qualifications performing governmental and special district audits. Responses may also include engagements in the last five years that are similar to that anticipated for our organization.

3.3 Personnel

Provide a list of key personnel within your organization that would be expected to contribute to performance of the audit. Provide a description of individual experience/qualifications and include professional resumes, if appropriate.

If your firm would typically assign a client manager or a single point of contact for services of this type, please identify the person that you propose to fill this role.

3.4 Scope of Services

Provide a scope of audit services that your firm would propose to undertake for this engagement. The scope should be responsive to the objectives and anticipated

9

Page 19: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

CARPINTERIA SANITARY DISTRICT RFP for Independent Audit Services – January 2022

services outline in Section 2 and should include information on deliverables and other proposed services. The scope should indicate whether audit performance would include an in-person “field audit” or if the work will be done remotely.

3.5 Proposed Fees

Provide a proposed lump sum fee for complete audit services, including all anticipated direct and indirect costs, for each year of three-year performance period (FY 2021/22, FY 2022/23 and FY 2023/24), based on the scope of services presented in your proposal. For FY 2021/22, include the base cost for audit services and an additive cost to prepare a single audit as outlined in Section 2.3.

3.6 References

Provide at least three client references with complete contact information. Ideally, references would be from agencies or entities for which your firm has recently completed independent audit services that are similar to the District’s.

3.7 Disposition of Proposals

The District may reject any or all proposals. All responses become the property of the District. One copy of the proposal must be retained for District files. Additional copies and materials will be returned only if requested and at the firms expense.

3.8 Proposal Changes

Once submitted, proposals, including the composition of the contracting team, cannot be altered without the prior written consent of the District. All proposals constitute an offer to the District and may not be withdrawn for a period of 60 days after the last day to accept proposals.

4.0 SELECTION PROCESS The District’s objective is to select a qualified accounting firm with the experience and resources necessary to meet the District’s expressed needs.

All responses received will be carefully reviewed by District management and the Board Finance Committee. The District may elect to create a short list, conduct interviews of selected firms or request additional information as part of the evaluation process.

Ultimately, the selected firm will be required to enter into a professional services agreement with the District. An example agreement is provided as Attachment A. Additionally, firms providing services will be required to comply with District’s standard insurance requirements which are outlined in the example agreement.

10

Page 20: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

CARPINTERIA SANITARY DISTRICT RFP for Independent Audit Services – January 2022

ATTACHMENT A

EXAMPLE PROFESSIONAL SERVICES AGREEMENT

11

Page 21: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Page 1 of 11

AGREEMENT NO. Click here to enter text. PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CARPINTERIA SANITARY DISTRICT AND

Consultant name FOR Click here to enter text.

THIS AGREEMENT is entered into this Click here to enter text. day of Click here to enter text. 20Click here to enter text., by and between the CARPINTERIA SANITARY DISTRICT, a public entity (“DISTRICT”) and Consultant name, a type of organization, e.g., corporation, and state of incorporation (“CONSULTANT”). 1. CONSIDERATION.

A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;

B. As additional consideration, CONSULTANT and DISTRICT agree to abide

by the terms and conditions contained in this Agreement;

C. As additional consideration, DISTRICT agrees to pay CONSULTANT a sum not to exceed Click here to enter text. for CONSULTANT’s services. DISTRICT may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, DISTRICT will pay this sum as specified in the attached Exhibit “Click here to enter text.,” which is incorporated by reference.

2. SCOPE OF SERVICES.

A. CONSULTANT will perform services listed in the attached Exhibit “Click here to enter text.,” which is incorporated by reference.

B. CONSULTANT will, in a professional manner, furnish all of the labor,

technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by DISTRICT, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. DISTRICT will continuously monitor CONSULTANT’s services. DISTRICT will notify

12

Page 22: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Agreement No. enter no. Name of contracted party Page 2 of 11 CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to DISTRICT’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. 4. PAYMENTS. For DISTRICT to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to DISTRICT which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “Click here to enter text.”) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the DISTRICT. In the event the DISTRICT has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK.

A. DISTRICT’s General Manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.

B. If CONSULTANT believes Additional Work is needed to complete the Scope

of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.

C. Payments over $Click here to enter text. for Additional Work must be

approved by DISTRICT’s Board of Directors. All Additional Work will be subject to all other terms and provisions of this Agreement.

7. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that it has:

i. Carefully investigated and considered the scope of services to be performed;

ii. Carefully considered how the services should be performed; and

13

Page 23: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Agreement No. enter no. Name of contracted party Page 3 of 11

iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

B. If services involve work upon any site, CONSULTANT agrees that

CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform DISTRICT of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from DISTRICT.

8. TERM. The term of this Agreement will be from Click here to enter a date. to Click here to enter a date.. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:

A. Completion of the work specified in Exhibit “Click here to enter text.”; B. Termination as stated in Section 16.

9. TIME FOR PERFORMANCE.

A. CONSULTANT will not perform any work under this Agreement until:

i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and

ii. DISTRICT gives CONSULTANT a written notice to proceed.

B. Should CONSULTANT begin work on any phase in advance of receiving

written authorization to proceed, any such professional services are at CONSULTANT’s own risk.

10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, DISTRICT may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this

14

Page 24: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Agreement No. enter no. Name of contracted party Page 4 of 11 Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: List exhibits with scope of work first; budget second; and proposal last (all if applicable) 12. CHANGES. DISTRICT may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and DISTRICT. The cost or credit to DISTRICT resulting from changes in the services will be determined in accordance with written agreement between the parties.

13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide DISTRICT with a Taxpayer Identification Number. 14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 15. WAIVER. DISTRICT’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights DISTRICT may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by DISTRICT of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 16. TERMINATION.

A. Except as otherwise provided, DISTRICT may terminate this Agreement at any time with or without cause.

B. CONSULTANT may terminate this Agreement at any time with DISTRICT’s

mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.

C. Upon receiving a termination notice, CONSULTANT will immediately cease

performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'’ own cost; DISTRICT will not be obligated to compensate CONSULTANT for such work.

15

Page 25: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Agreement No. enter no. Name of contracted party Page 5 of 11

D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at DISTRICT’s option, become DISTRICT’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).

E. Should the Agreement be terminated pursuant to this Section, DISTRICT

may procure on its own terms services similar to those terminated.

F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from DISTRICT’s termination under this Section.

17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are DISTRICT’s property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to DISTRICT upon DISTRICT’s written notice. DISTRICT agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at DISTRICT’s own risk. 18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public DISTRICT without DISTRICT’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by DISTRICT, unless otherwise provided by written agreement between the parties. 19. INDEMNIFICATION.

A. CONSULTANT agrees to the following:

i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at DISTRICT’s request reimburse defense costs for DISTRICT and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents, employees, or representatives, in the performance of this

16

Page 26: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Agreement No. enter no. Name of contracted party Page 6 of 11

Agreement, except for such loss or damage arising from DISTRICT’s sole negligence or willful misconduct.

ii. Indemnification for other Damages. CONSULTANT indemnifies and

holds DISTRICT harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from DISTRICT’s sole negligence or willful misconduct. Should DISTRICT be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend DISTRICT (at DISTRICT’s request and with counsel satisfactory to DISTRICT) and will indemnify DISTRICT for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section “DISTRICT” includes DISTRICT’s officers,

officials, employees, agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by DISTRICT, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without DISTRICT’s written approval are prohibited and will be null and void. 21. INDEPENDENT CONTRACTOR. DISTRICT and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with DISTRICT. CONSULTANT is not an agent or employee of DISTRICT and is not entitled to participate in any pension plan, insurance, bonus or similar benefits DISTRICT provides for its employees. Any provision in this Agreement that may appear to give DISTRICT the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the DISTRICT as to end results of the work only.

17

Page 27: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Agreement No. enter no. Name of contracted party Page 7 of 11 22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. DISTRICT will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 23. INSURANCE.

A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits Commercial general liability: $2,000,000 Professional Liability $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement

B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name DISTRICT, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by DISTRICT will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to DISTRICT.

C. Professional liability coverage will be on an “occurrence basis” if such

coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and

18

Page 28: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Agreement No. enter no. Name of contracted party Page 8 of 11

will cover CONSULTANT for all claims made by DISTRICT arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

D. Automobile coverage will be written on ISO Business Auto Coverage Form

CA 00 01 06 92, including symbol 1 (Any Auto).

E. CONSULTANT will furnish to DISTRICT duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by DISTRICT from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”

F. Should CONSULTANT, for any reason, fail to obtain and maintain the

insurance required by this Agreement, DISTRICT may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.

G. Self-Insured Retention/Deductibles. All policies required by this Agreement

must allow DISTRICT, as additional insured, to satisfy the self-insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the General Counsel and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should DISTRICT pay the SIR or deductible on DISTRICT’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, DISTRICT may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by DISTRICT due to the breach.

24. USE OF SUBCONTRACTORS. CONSULTANT must obtain DISTRICT’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 25. INCIDENTAL TASKS. CONSULTANT will meet with DISTRICT monthly to provide the status on the project, which will include a schedule update and a short narrative

19

Page 29: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Agreement No. enter no. Name of contracted party Page 9 of 11 description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

If to CONSULTANT:

If to DISTRICT:

Attention: Click here to enter text. Attention: Click here to enter text. Click here to enter text. Carpinteria Sanitary District Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. phone phone email email

Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, DISTRICT’s conflict of interest regulations.

28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, DISTRICT may rescind this Agreement without liability.

29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and DISTRICT and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or DISTRICT’s obligations under this Agreement. 30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Santa Barbara County.

20

Page 30: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Agreement No. enter no. Name of contracted party Page 10 of 11 31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are Click here to enter text. Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. DISTRICT’s Manager, or designee, may execute any such amendment on behalf of DISTRICT. 36. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature. 37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable

21

Page 31: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Agreement No. enter no. Name of contracted party Page 11 of 11 control, then the Agreement will immediately terminate without obligation of either party to the other. 40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to DISTRICT. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public DISTRICT.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. CARPINTERIA SANITARY DISTRICT Consultant name _________________________________ ____________________________ Click here to enter text., General Manager Click here to enter text. APPROVED AS TO FORM: _________________________________ Karl H. Berger, General Counsel

Taxpayer ID No. enter no.

Doc enter no.

22

Page 32: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

CARPINTERIA SANITARY DISTRICT RFP for Independent Audit Services – January 2022

LIST OF RECIPIENTS

Bartlett Pringle & Wolff 1123 Chapala Street Santa Barbara, CA 93190

Brown Armstrong 4200 Truxtun Ave, Suite 300 Bakersfield, CA 93309 Moss Levy & Hartzheim 2400 Professional Parkway #205 Santa Maria, CA 93455

Fechter & Company 3445 American River Drive Suite A Sacramento, CA 95864 Davis Farr 18201 Von Karman Avenue, Suite 1100 Irvine, CA 92612

James Marta & Company 701 Howe Avenue, Suite E3 Sacramento, CA 95825

Fedak & Brown LLP 6081 Orange Avenue Cypress, California 90630

23

Page 33: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

Carpinteria Sanitary District Board of Directors Meeting

STAFF REPORT

TO: Board of Directors FROM: Craig Murray, P.E. – General Manager SUBJECT: Administration Building Replacement Project Status Report DATE: January 18, 2022 REQUESTED ACTION: None. Informational item only. BACKGROUND: Construction progress on the District’s new Administration Building and Board Room is continuing into 2022. This report is intended to give the Board a status report and to provide a summary of anticipated timing for completion and move-in. Project Cost and Billing Project construction costs have tracked well with Newton Construction’s (Newton) original bid, with approved change orders totaling just under 1.6%. Below is a summary of project costs.

Original Contract Amount $3,821,000.00Contract Change Orders $60,855.00Current Contract Amount $3,881,855.00Total Billed (thru 12/31/21) $3,074,783Retention $153,739.15Balance to Finish $807,072

Approximately 80% of the authorized contract amount has been billed to date. This aligns with the project completion to date, although some payment has been extended for materials received/stored but not yet installed. Project Schedule The original contract completion date for this project is April 6, 2022, based on a 450 calendar day construction period. Newton has done an exceptional job mitigating numerous project delays associated with the ongoing pandemic, global supply chain issues and subcontractor non-performance. Attached is a current copy of their construction schedule which shows final completion on April 29, 2022. No formal time extensions have been processed to this point due to the ongoing state of flux in the construction markets. Newton continues to accelerate where they can. Based on their diligent pursuit, we have indicated to them that we will consider a reasonable extension to the contract period and will not pursue liquidated damages for delays outside their direct control. Construction Status Exterior work has presented most of the challenges to construction project and sequencing. Supply chain issues with the roofing system were finally overcome only to be followed by delays associated with the liquid flashing system manufacturer unable to provide on-site observation due to staff

24

Page 34: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

shortages. The liquid flashing installation was finally completed last week and Newton intends to flood the roof to verify a leak free installation before proceeding with interior finishes. The Oko-Skin cementitious siding product has been delayed numerous times but has been fabricated and is ready to ship. Several small pieces were not in the original delivery from overseas and those are now en route. We expect to receive the siding and be ready for installation next month. Plaster siding is scheduled to be complete this week. Concrete flatwork and stairs will proceed once the plaster is complete. Key exterior tasks that remain include PV solar system installation, signage, irrigation and landscaping. All of the interior mechanical, cabling, electrical, fire suppression and HVAC is essentially complete. Drywall has been installed in the board room and office, but final finishing has been on hold until the roof is completely waterproof. SCE completed the electrical service feed and meter installation. Cabinets and built-in components are in fabrication. Tiling of the restrooms has commenced. Some of the remaining interior tasks include finish drywall, painting, installation wood slat elements, concrete floor polishing and other flooring, cabinet/furniture installation, plumbing, and other final fixture work. Blackbird staff continue to monitor the work to ensure conformance to the project plans and specifications. Weekly project meetings with the team will continue through to project delivery. Some current construction photos are attached for reference. District Coordination Activities District staff has begun planning for the move into the new building. We are actively coordinating with utility providers, primarily Cox Cable for internet and SCE. We are evaluating phone system options as well. A preliminary meeting with our IT consultant was held last week to ensure a seamless transition and to plan for certain hardware/software upgrades that make sense to do as part of the move-in. We have engaged a company to assist with Board Room audio/visual and systems for recording public meetings. Staff is also coordinating with our security system provider and they have done required backbone wiring. Other planning actions are centered on file storage and organization, chair/seating procurement, and general moving requirements. RECOMMENDATION: None. Informational item only. SUGGESTED MOTION: None. Prepared By: ___________________________________

Craig Murray, P.E. - General Manager Attachments: December 2021 Schedule Update Construction Photos P:\Admin\Board\Staff Reports\2022\01-18-22\AdminBuild_Update.doc

25

Page 35: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

26

Page 36: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

27

Page 37: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

28

Page 38: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

29

Page 39: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

1-14-2022

Description

Taken Date01/14/2022 at 09:40 am

Upload Date01/14/2022 at 10:38 am

Uploaded ByDAVID MCDONALD

File NameIMG_9516.JPG

1-13-2022

Description

Taken Date01/13/2022 at 02:37 pm

Upload Date01/14/2022 at 07:05 am

Uploaded ByDAVID MCDONALD

File NameIMG_9497.JPG

Newton Construction

Printed on Fri Jan 14, 2022 at 10:53 am PST

Job #: 20133 Carpinteria Sanitary District Administration Building5300 Sixth Street

Carpinteria, California 93013

Page 1 of 630

Page 40: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

1-13-2022

Description

Taken Date01/13/2022 at 02:37 pm

Upload Date01/14/2022 at 07:05 am

Uploaded ByDAVID MCDONALD

File NameIMG_9496.JPG

1-10-2022

Description

Taken Date01/10/2022 at 01:52 pm

Upload Date01/10/2022 at 01:55 pm

Uploaded ByDAVID MCDONALD

File NameIMG_9438.JPG

Newton Construction

Printed on Fri Jan 14, 2022 at 10:53 am PST

Job #: 20133 Carpinteria Sanitary District Administration Building5300 Sixth Street

Carpinteria, California 93013

Page 2 of 631

Page 41: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

1-10-2022

Description

Taken Date01/10/2022 at 01:52 pm

Upload Date01/10/2022 at 01:55 pm

Uploaded ByDAVID MCDONALD

File NameIMG_9437.JPG

1-6-2022

Description

Taken Date01/06/2022 at 02:47 pm

Upload Date01/07/2022 at 10:29 am

Uploaded ByDAVID MCDONALD

File NameIMG_9415.JPG

Newton Construction

Printed on Fri Jan 14, 2022 at 10:53 am PST

Job #: 20133 Carpinteria Sanitary District Administration Building5300 Sixth Street

Carpinteria, California 93013

Page 3 of 632

Page 42: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

12-21-2021

Description

Taken Date12/21/2021 at 11:33 am

Upload Date12/21/2021 at 12:16 pm

Uploaded ByDAVID MCDONALD

File NameIMG_9350.JPG

12-10-2021

Description

Taken Date12/10/2021 at 12:57 pm

Upload Date12/10/2021 at 01:21 pm

Uploaded ByDAVID MCDONALD

File NameIMG_9248.JPG

Newton Construction

Printed on Fri Jan 14, 2022 at 10:53 am PST

Job #: 20133 Carpinteria Sanitary District Administration Building5300 Sixth Street

Carpinteria, California 93013

Page 4 of 633

Page 43: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

12-10-2021

Description

Taken Date12/10/2021 at 12:43 pm

Upload Date12/10/2021 at 01:21 pm

Uploaded ByDAVID MCDONALD

File NameIMG_9240.JPG

12-3-2021

Description

Taken Date12/03/2021 at 09:20 am

Upload Date12/03/2021 at 04:23 pm

Uploaded ByDAVID MCDONALD

File NameIMG_9166.JPG

Newton Construction

Printed on Fri Jan 14, 2022 at 10:53 am PST

Job #: 20133 Carpinteria Sanitary District Administration Building5300 Sixth Street

Carpinteria, California 93013

Page 5 of 634

Page 44: AGENDA 7Assessment CARPINTERIA SANITARY DISTRICT FOR …

12-2-2021

Description

Taken Date12/02/2021 at 08:19 am

Upload Date12/02/2021 at 02:00 pm

Uploaded ByDAVID MCDONALD

File NameIMG_9110.JPG

Newton Construction

Printed on Fri Jan 14, 2022 at 10:53 am PST

Job #: 20133 Carpinteria Sanitary District Administration Building5300 Sixth Street

Carpinteria, California 93013

Page 6 of 635