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HomeMy WebLinkAboutOCSD 05-24RESOLUTION NO. OCSD 05-24 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT APPROVING THE ESTABLISHMENT OF SUPPORT FOR GULF COAST DISASTER RECOVERY EFFORTS WHEREAS, Hurricanes Katrina and Rita have caused one of the largest natural disasters in the history of this Nation; and WHEREAS, emergency response needs in the Gulf Coast have exceeded the capacity of local resources; and WHEREAS, the Orange County Sanitation District has special expertise and equipment relating to the collection, treatment and disposal of wastewater and associated byproducts; and WHEREAS, the Orange County Sanitation District and its employees are ready, willing and able to provide assistance to the Gulf Coast communities; and WHEREAS, the provision of such assistance will not only benefit Gulf Coast residents, but also the District because of the experience and training that could be applied in the event of a local disaster. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District DOES HEREBY RESOLVE AS FOLLOWS: 1. The General Manager may approve up to four (4) "rotations" consisting of three (3) employees per rotation to be released from regular duties at any one time for a maximum of twelve (12) calendar days per employee in order to support the Gulf Coast emergency response efforts related to Hurricanes Katrina and Rita. 2. Released employees shall be selected by the General Manager and shall engage in relief efforts that are limited to rendering specialized assistance in the areas of emergency operations and maintenance and/or technical services in support of infrastructure operations pertaining to the collection, treatment and disposal of wastewater and associated byproducts. 3. Released employees and their recognized employee organizations, if any, shall enter into "release time agreements" prior to deployment. Said agreements shall be substantially similar to the agreements attached hereto as Exhibit A and shall provide for payment of up to 80 hours of regular pay. · 4. The total of regular pay for employees shall not exceed $75,000 for this effort. 208031.2 5. The General Manager may also authorize the deployment of one Hydro Cleaning Vactor Truck and associated equipment, to be operated by the Orange County Sanitation District employees only, at a roundtrip transportation cost not to exceed $5,000. 6. The General Manager may also authorize registration only with the Federal Emergency Management Information System ("FEMIS"), which is an integrated system that provides planning, coordination, response, and exercise support for emergency management personnel. 7. With the exception of Paragraph 6, the authorizations contained herein shall be effective only upon request by the Federal Emergency Management Agency ("FEMA"); furthermore, the Orange County Sanitation District shall request reimbursement in accordance with FEMA policies for assistance rendered in response to such a request from FEMA. PASSED AND ADOPTED at a regular meeting held September 28, 2005. ATTEST: Board secrary 208031.2 EXHIBIT A RELEASE TIME AGREEMENT (Exempt Employees) The Orange County Sanitation District ("OCSD"), the _________ _ Association ("Association"), and _________ (hereinafter referred to as "Employee") hereby agree as follows: 1. Employee will be released from working his or her regularly scheduled shifts between the period of and ________ _ 2. The parties have entered into this Agreement for purposes of utilizing Employee's knowledge and expertise in the field of to provide assistance to Gulf Coast communities with the damage caused by Hurricanes Katrina and Rita. OCSD will benefit therefrom in the following manner: 3. The purpose of this Agreement is to relieve Employee from performing Employee's regular duties for OCSD. In lieu of performing his or her regular duties, OCSD shall authorize Employee to take a leave of absence for purposes of providing assistance with the recovery efforts to the Gulf Coast communities on behalf of OCSD. Time spent providing such assistance will be considered "hours worked" for purposes of making retirement contributions and accruing all other OCSD benefits. 4. Employee will receive compensation at his or her regular rate of pay during this period and shall continue to accrue vacation and sick leave and receive all other benefits the Employee is ordinarily entitled to receive, including health benefits and contributions toward retirement. Additionally, vacation and sick leave balances will not be reduced during this time. 5. Employee shall be covered by OCSD's workers' compensation program during the period covered by this Agreement so long as any injury for which workers' compensation benefits are sought occurs while Employee is engaged in activities that fall within the course and scope of his or her employment. For purposes of this Agreement, such activities consist of those set forth in paragraph 7. 6. In accordance with the provisions of the California Tort Claims Act, Government Code Section 810, et seq., OCSD agrees to defend, indemnify and pay all damages, including special and general damages, and costs of litigation matters, current and future, in which Employee is named as a party as a result of activities performed pursuant to this agreement and set forth in paragraph 7. OCSD reserves the right to refuse to defend, indemnify and pay damages for acts or omissions which were fraudulent, committed with actual malice or otherwise outside the scope of the activities outlined in this agreement. Employee agrees to cooperate in any and all litigation matters which may be filed against OCSD or 208031.2 EXHIBIT A Employee, and Employee shall cooperate with OCSD's efforts in defending such litigation. OCSD shall comply with the provisions of Government Code section 825, et seq. in determining whether any award of punitive damages awarded against Employee shall be paid. 7. OCSD has identified the following activities to be performed by Employee while on release time: a) b) c) 8. This Agreement may be terminated by either party upon written notice without having to demonstrate or prove cause. Upon termination, Employee shall return to his previous position with OCSD without loss of benefits or seniority. 9. To the extent that any of the provisions of this Agreement are inconsistent, or conflict, with provisions of the parties' Memorandum of Understanding, the provisions of this Agreement shall supersede. 10. This Agreement will expire on Any extension of this Agreement beyond this date must be approved by separate written agreement, by both the OCSD General Manager and Employee. ASSOCIATION EMPLOYEE 208031.2 ORANGE DISTRICT COUNTY SANITATION Blake Anderson, General Manager EXHIBIT A RELEASE TIME AGREEMENT (Non-Exempt Employees) The Orange County Sanitation District ("OCSD"), the _________ _ Association ("Association"), and _________ (hereinafter referred to as "Employee") hereby agree as follows: 1. Employee will be released from working his or her regularly scheduled shifts between the period of and ________ _ 2. The parties have entered into this Agreement for purposes of utilizing Employee's knowledge and expertise in the field of to provide assistance to the Gulf Coast communities with the damage caused by Hurricanes Katrina and Rita. OCSD will benefit therefrom in the following manner: 3. The purpose of this Agreement is to relieve Employee from performing Employee's regular duties for OCSD. In lieu of performing his or her regular duties, OCSD shall authorize Employee to take a leave of absence for purposes of providing assistance with the recovery efforts to the Gulf Coast communities on behalf of OCSD. Time spent providing such assistance will be considered "hours worked" for purposes of the Fair Labor Standards Act and for purposes of making retirement contributions and accruing all other OCSD benefits. 4. While released from regular duty, Employee understands and agrees that he or she will neither work nor receive pay for more than forty hours in one workweek (Sunday to Saturday). Any additional time spent providing assistance by Employee will be considered time volunteered by Employee to the Gulf Coast communities and Employee will not receive any compensation from OCSD for such time. 5. Employee will receive compensation at his or her regular rate of pay during this period. Employee agrees to provide to his or her supervisor a timesheet demonstrating hours worked during this period; such timesheet to be submitted every _weeks. 6. During the period of time for which he or she is released from regular duty, Employee shall continue to accrue vacation and sick leave and receive all other benefits the Employee is ordinarily entitled to receive, including health benefits and contributions toward retirement. Additionally, vacation and sick leave balances will not be reduced during this time. 7. Employee shall be covered by OCSD's workers' compensation program during the period covered by this Agreement so long as any injury for which workers' compensation benefits are sought occurs while Employee is engaged in activities 208031.2 EXHIBIT A that fall within the course and scope of his or her employment. For purposes of this Agreement, such activities consist of those set forth in paragraph 9. 8. In accordance with the provisions of the California Tort Claims Act, Government Code Section 810, et seq., OCSD agrees to defend, indemnify and pay all damages, including special and general damages, and costs of litigation matters, current and future, in which Employee is named as a party as a result of activities performed pursuant to this agreement and set forth in paragraph 9. OCSD reserves the right to refuse to defend, indemnify and pay damages for acts or omissions which were fraudulent, committed with actual malice or otherwise outside the scope of the activities outlined in this agreement. Employee agrees to cooperate in any and all litigation matters which may be filed against OCSD or Employee, and Employee shall cooperate with OCSD's efforts in defending such litigation. OCSD shall comply with the provisions of Government Code section 825, et seq. in determining whether any award of punitive damages awarded against Employee shall be paid. 9. OCSD has identified the following activities to be performed by Employee while on release time: a) b) c) 10. This Agreement may be terminated by either party upon written notice without having to demonstrate or prove cause. Upon termination, Employee shall return to his previous position with OCSD without loss of benefits or seniority. 11. To the extent that any of the provisions of this Agreement are inconsistent, or conflict, with provisions of the parties' Memorandum of Understanding, the provisions of this Agreement shall supersede. 12. This Agreement will expire on Any extension of this Agreement beyond this date must be approved by separate written agreement, by both the OCSD General Manager and Employee. ASSOCIATION 208031.2 ORANGE DISTRICT COUNTY Blake Anderson General Manager SANITATION EXHIBIT A EMPLOYEE 208031.2