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Home My WebLink About2013-11-12 WSB AGENDA' . WATER& SEWER BOARD AGENDA TUESDAY, NOVEMBER 12, 2013 COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE OCTOBER 8, 2013 WATER BOARD MEETING. (ATT. 1) 2. GUEST: LINDA CHAVEZ-4510 S. JASON ST. (ATT. 2) 3. INFO SEND CONTRACT. (ATT. 3) 4. WATER BOARD DINNER. 6. OTHER Present: Absent: WATER & SEWER BOARD MINUTES TUESDAY, OCTOBER 8 , 2013 Oakley, Wiggins , Habenicht, Waggoner, Woodward, Bums, Lay, Penn, Moore, Olson None Also present: Stu Fonda, Director of Utilities, Yasser Abouaish, Utilities Engineer, Jason Clark, Water Production Supt. The meeting was called to order at 5 :03 p.m. ltl1 1. MINUTES OF THE AUGUST 13, 2013. The Board approved the Minutes of the August 13, 2013 Water Board meeting, as amended. Motion: Moved: To approve the Minutes of the August 13, 2013 Water Board meeting, as amended. Habenicht Seconded: Penn Motion approved unanimously . l?] 2. UV CHANGE ORDER #3 . The Board received Change Order #03 from Asian Construction for ten items addressing issues of constructability, safety, computer program modifications and lower maintenance requirements. Change Order #03 is in the amount of $49,910 .00 . The UV Disinfection Project is at 95 % completion with facility start up scheduled for early November. Motion: Moved: To recommend the City Manager approve Change Order #03 from Asian Construction in the amount of$49,910 .00. Waggoner Seconded: Penn f J I Motion approved unanimously. Yasser Abouaish, Utilities Engineer, discussed the timeliness of the Allen Plant UV Project to comply with upcoming state regulations. I@] 3. REPLACING LANDSCAPING IN A SEWER EASEMENT. The Board received a copy of a letter sent to Jay Goldie, Director of the Public Works Department at the City of Cherry Hills Village, noting that any landscape reconstruction, beyond backfilling and tamping the dirt, will not be provided in the repair of a water main. This is due to some water mains in Cherry Hills Village being located in easements crossing private property. This is an infonnational item only. l?1J . AT&T LEASE AGREEMENT FOR THE SHERMAN WATER TANK. The Board received notice from AT&T regarding their intent to extend the lease agreement for the Sherman Water Tank . The intent of the original lease was to assist the Police Department radio transmissions, which is no longer used for that purpose. This is an infonnational item only. lt] 5. 2014 UTLITIES BUDGET. The Board received the 2014 cash flow models for the Utilities Department. Stu discussed various models and resulting water and sewer cash flows and revenue projections and budgetary options. tgJ 6. CONSERVATION PLAN REVIEW. Yasser Abouaish , Utilities Engineer appeared to discuss details of the Englewood Water Conservation Plan Review. The Utilities Department received conditional approval from Water Conservation Board. The three year voluntary meter installation initiative program guidelines were discussed. Customers will have the option of having a meter installed to monitor usage, but will not be forced to go on the metered rate. Motion: To approve the conditional plan review from the Water Conservation Board . Motion: Bums Seconded: Habenicht 1' The meeting adjourned at 6: 15 p.m. The next Englewood Water Board meeting will be Tuesday, November 12 , 2013 at 5:00 p.m. in the Community Development Conference Room . Respectfully submitted, Cathy Burrage Recording Secretary 1 f MEMORANDUM To : Stu Fonda, Utilities Director ~~ From: John Bock, Utilities Manager of Administratiol}J-J Date: October 17 , 2013 Subject : 4510 S. Jason St., Linda Chavez Regarding the appeal of the Chavez billing. ~ Last January 23 , 2013 , the Chavez 's paid their $277.89 bill via Tele Works . ~ The bank returned the payment to the City marked "Insufficient Funds " (NSF) on January 29 , 2013 (bank communication enclosed). ~ The bank 's notice was lost in the shuffle in the Finance Department until August. ~ When Utilities received notice of the NSF we sent a letter to the Chavez 's (copy attached) informing them of the situation. The charges were placed back on the account. ~ The Utilities Department informed Linda Chavez that if bank documentation could be produced showing that the funds had been drawn from her account, appropriate adjustment would be made to the account. ~ The Utilities Department told Linda Chavez that we would work with her to arrange a schedule of partial payments. ~ As of this date no documentation has been produced to show that the January bill has been paid. ~ Linda Chavez is claiming that she paid the bill with a King Soopers money order, her copy of which has been discarded because she throws away all of her receipts every si x months. ~ Linda Chavez said she talked to King Soopers about the money order and that they told her it is unlikely they could find their copy without the original money order number. c T y 0 F September 18 , 2013 LARRY CHAVEZ LINDA CHAVEZ 4510 S JASON ST ENGLEWOOD CO 80110-5606 RE : Water and Sewer Payment Dear Mr. Chavez; E N G LEWOOD The purpose of this letter is to advise you that it recently came to the attention of our Finance Department that the payment the City received for the water and sewer account last January 29 , 2013 , was returned from Wells Fargo marked "insufficient funds." We apologize that it took so long for us to discover this. The unpaid amount of $277.89 has been place back on your water and sewer account. The recent statement sent to your home did not reflect this change as it took place after the bill was mailed. To help manage this unexpected expense, we are happy to arrange for partial payments. If you have any questions or need assistance , please feel free to contact me. Sincerely John Bock Utilities Manager of Administration 303-762-2643 Fax 303-783-6894 jbock@ englewoodgov .org 1000 Englewood Parkway Englewood, Colorado 80 11 0 Phon e 303-762-2300 www.englewoodgov.org ·~PoW~l'ia: Fafi~9oA2H FN l,Aij~6i'ti!~o4tfW~N6MHo8~zE 3/003 sy§a~A!~~ve~l/29/13 SYS TIME: 04:43 LOCATION: 0000 RETURN ITEM REPORT CUST SPPRT: 0000 PAGE: 1 ============================ ORIGINAL INFORMATION ----------------------------------------------------------BANK R/T: 091000019 FILE ID : EDIMN00004 COMPANY ID: 5846000583 FAXl: 1-(303) 783-6896 FAX#: COMPANY NAME: CITY OF ENGLEWOO ATTN: JENNIFER NOLAN ATTN: INDIVIDUAL ID/ INDIVIDUAL NAME/ RECV BNK R-T/SEQ# ACCOUNT# ================= =================================== EFF DT APPL DSC DT TYPE -----------·- AMOUNT/ ORIG SEQ# -------------------------- 162490 LARRY CHAVEZ 012513 ODA 277 .89 102001017 2090255 1193122858 DB 7218012 RETURN REASON: ROl -INSUF FUND COMMENTS= c9 3 o~~ o L\ SI oY, =============================================================================== SUBTOTALS: VOLUME: DOLLARS: DEBIT 1 277.89 CREDIT 0 0.00 =======================~======================================================= =============================================================================== TOTALS: VOLUME: DOLLARS : DEBIT 1 277.89 CREDIT 0 0.00 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- '·~P~~!iia: Fas~ftoACH FN LOCATION : 0000 CUST SPPRT : 0000 1Ae~6MR!£n4efE~~NOMaofl~EE RETURNS REPORT COVER PAGE 2/003 gy§a~A!~~ve~l/29/13 SYS TIME: 04:43 ============================ ORIGINAL INFORMATION ============================= BANK R/T: 091000019 FILE ID : EDIMN00004 COMPANY ID: 5846000583 FAXl: 1-(303) 783-6896 FAX#: COMPANY NAME: CITY OF ENGLEWOOD ATTN: JENNIFER NOLAN ATTN: WELLS FARGO ACH SERVICES N9301-041 255 SECOND AVE S MINNEAPOLIS , MN 55479 JENNY NOLAN CITY OF ENGLEWOOD 1000 ENGLEWOOD PARKWAY ENGLEWOOD co 80110 FOR INQUIRIES CALL YOUR CUSTOMER SERVICE OFFICER OR 1-800-745-2426 (OPTION 2, OPTION 1) SETTLEMENT BANK: 121000248 =============================================================================== ENCLOSED RETURNED ITEMS : (INCLUDES REDEPOSITED AND DISHONORED TOTALS BELOW) . ACCOUNT # XXXXXX5353 WILL BE DEBITED $ 277.89 ON 01/29/13 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Weils Fargo ACH 1/29/2013 4:32:50 AM PAGE 1/003 Fax Server Wells Fa~o ACH Seivices TO Name: Company: Fax : Date: FROM JENNIFER NOLAN 1-(303)783-6896 01/29/13 Page_1_ of-1.__ Name: Wells Fargo ACH Phone : 1-800-7 45-2426 MESSAGE: Created Date/Time : 10/16/2013 01 :25 :23 PM Customer Number: 00008603 Account Number : 03009045104 Service Address : 4510 S JASON ST Mailing Address : LARRY CHAVEZ LINDA CHAVEZ 4510 S JASON ST ENGLEWOOD CO 80110-5606 Customer/ Account Transaction History Trans Date Transaction 10/16/2013 0 :00 Red Tag Fee 9/17 /2013 0 :00 NSF Check -Concrete 9/17/2013 0:00 NSF Check -Sanitation 9/17 /2013 0 :00 NSF Check -Sewer 9/17 /2013 0 :00 NSF Check -Water 9/17/2013 0 :00 NSF Check -!BA 9/17 /2013 0:00 NSF Check -Storm Water 9/16/2013 0:00 Payment-TeleWorks 9/13/2013 0 :00 Sewer Balance Late Fee 9/13/2013 0:00 Water Balance Late Fee 9/13/2013 0:00 Storm Water Balance Late Fee 9/13/2013 0:00 Concrete Balance Late Fee 8/1/2013 0:00 Cycle Billing Due: 09/01/2013 6/17/2013 0 :00 Payment -TeleWorks 6/13/2013 0 :00 Sewer Balance Late Fee 6/13/2013 0 :00 Water Balance Late Fee 6/13/2013 0:00 Storm Water Balance Late Fee 6/13/2013 0 :00 Concrete Balance Late Fee 5/1/2013 0:00 Cycle Billing Due : 06/01/2013 2/22/2013 0:00 Payment -TeleWorks 2/1/2013 0:00 Cycle Billing Due : 03/01/2013 1/23/2013 0:00 Payment -TeleWorks 1/16/2013 0:00 Red Tag Fee 12/14/2012 0 :00 Sewer Balance Late Fee 12/14/2012 0 :00 Storm Water Balance Late Fee 12/14/2012 0:00 Concrete Balance Late Fee 12/14/2012 0 :00 Water Balance Late Fee 12/12/2012 0 :00 Sewer Charge Recover 13 rates 11/1/2012 0 :00 Cycle Billing Due : 12/01/2012 10/10/2012 0 :00 Payment -TeleWorks 9/13/2012 0 :00 Sewer Balance Late Fee 9/13/2012 0:00 Water Balance Late Fee 9/13/2012 0:00 Storm Water Balance Late Fee 9/13/2012 0:00 Concrete Balance Late Fee 8/1/2012 0 :00 Cycle Billing Due : 09/01/2012 6/12/2012 0 :00 Payment -TeleWorks 5/1/2012 0:00 Cycle Billing Due: 06/01/2012 4/16/2012 0:00 Payment-TeleWorks 4/16/2012 0:00 Red Tag Fee 3/15/2012 0 :00 Water Balance Late Fee 2/10/2012 0:00 Payment Description Amount Balance Red Tag Fee $5 .00 $282.89 NSF -Concrete $9.97 $277.89 NSF -Sanitation $31.87 $267.92 NSF -Sewer $55 .16 $236.05 NSF -Water $172.63 $180.89 NSF -!BA $4.00 $8.26 NSF -Storm Water $4 .26 $4.26 Payment -Thank You ($278 .64) $0.00 Outstanding Sewer Balance Late Fee $1.38 $278.64 Outstanding Water Balance Late Fee $4 .09 $277.26 Outstanding Storm Water Balance Late Fee $0.10 $273.17 Outstanding Concrete Balance Late Fee $0 .31 $273 .07 Cycle Billing Due : 09/01/2013 $272.76 $272.76 Payment -Thank You ($278 .38) $0 .00 Outstanding Sewer Balance Late Fee $1.38 $278.38 Outstanding Water Balance Late Fee $4 .09 $277 .00 Outstanding Storm Water Balance Late Fee $0.10 $272.91 Outstanding Concrete Balance Late Fee $0 .31 $272.81 Cycle Billing Due : 06/01/2013 $272.50 $272.50 Payment -Thank You ($272.26) $0.00 Cycle Billing Due : 03/01/2013 $272.26 $272.26 Payment -Thank You ($277.89} $0.00 Red Tag Fee $5 .00 $277.89 Outstanding Sewer Balance Late Fee $1.33 $272.89 Outstanding Storm Water Balance Late Fee $0 .10 $271.56 Outstanding Concrete Balance Late Fee $0.24 $271.46 Outstanding Water Balance Late Fee $4 .09 $271.22 Sewer Retro Rate Increase One Time Charg $0 .71 $267 .13 Cycle Billing Due : 12/01/2012 $266.42 $266.42 Payment -Thank You ($272.18} $0 .00 Outstanding Sewer Balance Late Fee $1.33 $272.18 Outstanding Water Balance Late Fee $4 .09 $270.85 Outstanding Storm Water Balance Late Fee $0 .10 $266 .76 Outstanding Concrete Balance Late Fee $0.24 $266.66 Cycle Billing Due : 09/01/2012 $266.42 $266.42 Payment -Thank You ($266.42) $0.00 Cycle Billing Due : 06/01/2012 $266.42 $266.42 Payment -Thank You ($294 .98} $0 .00 Red Tag Fee $5 .00 $294 .98 Outstanding Water Balance Late Fee $3.96 $289.98 Payment -Thank You ($164 .00} $286 .02 MEMORANDUM To: Stu Fonda, Utilities Director From: John Bock, Utilities Manager of Administration Date: October 16 , 2013 Subject: Infosend Contract At a Water and Sewer Board meeting last year, the Summation 360 Company demonstrated the complete TeleWorks online and telephone bill payment system to the Board. The system will enable the full range of web based utility account services that we have heretofore been unable to provide our customers. The Board instructed us to proceed with the implementation of the Tele Works product. TeleWorks will enable payments with credit card , debit card and checks . It will also offer paperless billing and payment to our customers. Part of paperless billing is the customer's ability to see online their bill in its electronic form. The actual creation of the bill's image is a service that TeleWorks does not provide. It must be provided by a separate company. It is the Utilities Department's recommendation that we contract with the Infosend Company to provide complete bill printing, mailing and imaging services. The advantages of using Infosend 's services are: • Reduced postage costs because we can take advantage of pre-sorted rates. • Infosend will create the electronic image of the exact bill the customer would see. • lnfosend will also facilitate a redesign of our bill which will include the calculation bill calculation details. • Infosend will allow customers to sign up for automatic , recurring payments. • Infosend is already working with other customers using CIS Infinity, so they already know how to receive and process the data we will send them . • Using Infosend will position us for the future , to ease the transition to different billing frequencies other than quarterly or annually should the City decide that is necessary. The Utilities Department's billing costs for 2012 billing costs were as follows: Print Shop Services $ 7,100.75 Postage $60,664.55 Bill forms and envelopes $ 3,379.09 Print Shop Flyer Printing $ 1,330.39 Toner for print machine $ 571.24 Lewan printer maintenance $ 4,200.00 Bill sorting software $ 2 ,3 85.00 Total $79 ,631.02 Eventual printer replacement -$2 ,849.00 Estimated costs for Infosend services: Service Fee for Data $0.06 per record Print fee per bill form $0.015 each Envelope with address window $.013 each Return envelope with address $0 .012 each window Image hosting (electronic image) $0.01 each Print and insert flyers $0.07 Postage $0.36 (slated by USPS to increase) Total price per printed, stuffed and $0.54 mailed bill Number of bills 75,602 mailed in 2012 Cost to Infosend ($0.54 x 75,602) $40,825 .08 (includes postage) Number of final notices sent with no return envelope Cost to Infosend (includes postage) Postal Charges Cost to Infosend less postage Total annual cost to Info send 31,921 (31,921 x $0 .528 ) $16,854.29 = $38,708.28 = $18.971.09 = $57 ,679.37 Twice a year Infosend will compare our addresses against the National Postal Address data base for the purpose of correcting address errors in our system. Each correction will be billed at the rate of 0.35 each. We don't know what the total charge might be. .. ' ~-· 1nfosend lnfoSend Service Agreement This Agreement entered into as of in Anaheim, California, by and between lnfoSend, Inc. having its main office at 4240 E. La Palma Ave, Anaheim, California 92807 and The City of Englewood, CO "Client" having its main office at: 1000 Englewood Parkway, Englewood, CO, 80110. lnfoSend's primary phone number is (714) 993-2690. Section 1. Term of Agreement The "Initial Term" of this Agreement shall be a period of twelve (12) months . This agreement may be renewed for two (2) additional one (1) year terms. The option to renew will be submitted by client prior to 60 days of the current term by written notice. This Agreement automatically terminates any prior contracts , terms or agreements previously executed between lnfoSend and Client to cover the services contained in this Agreement, unless specifically referenced herein. Section 2. lnfoSend Services Subject to the terms and conditions of this Agreement, lnfoSend will provide to Client, and Client will purchase from lnfoSend, the services listed in Exhibit A ("Scope of Primary Services") to this Agreement for the pricing set forth in Exhibit B ("lnfoSend Monthly Fees"). In the event Client requires other consulting , installation, development and/or customization services, lnfoSend shall perform and Client shall purchase such services in accordance with the provisions of Exhibit C ("Professional Services") of this Agreement. Section 3. Termination This Agreement and any future amendments to the Agreement may be terminated for cause as follows: (a) If either party breaches any material term or condition of this Agreement, other than for Client's failure to pay and other than a failure to perform due to the causes described in Section 8, "Force Majeure," and fails either to substantially cure breach within thirty (30) days after receiving written notice specifying the breach, or, for those breaches which cannot reasonably be cured within thirty (30) days, to promptly commence curing such breach and thereafter proceed with all due diligence to substantially cure such breach, then the party not in breach may, by giving written notice to the breaching party, terminate this Agreement in its entirety, or as it pertains to a particular Product, Deliverable, Service or Professional Service, as of a date specified in such notice of termination. All of the obligations of the parties contained in this Agreement, except for Client's obligation to pay fees, shall be deemed to have been performed in an acceptable manner unless the party not in breach provides the breaching party with written notice as stated above within sixty (60) days of the event giving rise to the breach. (b) If Client fails to pay when due any payables owed hereunder within thirty (30) days of receiving written notice of such failure to pay thereof, lnfoSend may, at lnfoSend 's option , terminate this Agreement in its entirety or only as it pertains to a particular Product , Deliverable, Service or Professional Service, by giving written notice to Client , as of a date specified in such termination notice. (c) In the event that either party hereto becomes or is declared insolvent or bankrupt , is the subject of any proceedings related to its liquidation , insolvency or for the appointment of a receiver or similar officer for it , makes an assignment for the benefit of all or substantially all of its creditors, or enters into an agreement for the composition, extension or readjustment of all or substantially all of its obligations, then the other party hereto may, by giving written notice thereof to such party , terminate this Agreement as of t he date specified in such notice of termination. Upon termination of this Agreement or any portion hereof for any reason, all rights granted to Client under this Agreement with respect to terminated Products, Deliverables, Services and Professional Services, will cease and Client will promptly pay to lnfoSend any and all charges due, including but not limited to payables that are due pursuant to this Agreement, the Discontinuance Fee set forth in Section 4 below and accrued finance charges ; however, Client shall not be responsible for paying the Discontinuance Fee if this Agreement is terminated by lnfoSend other than as a result of Client's breach of its obligations hereunder or is terminated by Client pursuant to Paragraph 3(a). Section 4. Discontinuance Fee The parties have mutually agreed upon the Fees for the Services to be provided hereunder based upon certain assumed volumes , and the Term of this Agreement. Because of the difficulty in ascertaining lnfoSend's actual damages for Client's termination without cause or a termination of the Agreement due to a breach by Client prior to the expiration of the then-current Term, Client agrees that, prior to the effective date of such termination and in addition to all other payables then due and owing to lnfoSend, Client will pay to lnfoSend the following d iscontinuance fee: The discontinuance fee is equal to two (2 ) months of the Client's average monthly billing for the previous 6 months of Service (excluding any postage charges and professional services fees that were invoiced in that time period). Client shall not be required to pay the Discontinuance Fee if lnfoSend terminates the Agreement pursuant to Section 3, Paragraph (a). Section 5. Confidentiality of Information All information and data relating to Client's business submitted by Client to lnfoSend under this Agreement shall be treated as confidential by lnfoSend and shall not, unless otherwise required by law, be disclosed to any third party by lnfoSend without Client's written consent. lnfoSend shall promptly notify Client should lnfoSend be served with a summons, complaint, subpoena , notice of deposition, request for documents, interrogatories, requests for admission, or other discovery request or court order from any third party regarding this Agreement and/or the Services performed under this Agreement. lnfoSend takes great care in both data security and human resource security. lnfoSend has a Human Resources policy that requires all new employees to pass a background check performed by an outside company. All new employees must pass a drug-screening test as well. These practices will remain in place for the duration of the Agreement. Section 6. Limitation of Liabil ity lnfoSend is a service provider, as such; Client relies on lnfoSend's services ; however, Client acknowledges that data processing involves the risk of human and machine errors; however, such risk shall not relieve lnfoSend from acting in a reasonably prudent manner with regard to lnfoSend's obligations to Client. To that end, in addition to liability for breach of contract , lnfoSend shall be liable to Client for damages, including damages, expenses and costs incurred by Client as a result of any delay in services, errors, omissions, or breach on lnfoSend's part resulting from lnfoSend's negligence , or lnfoSend's intentional , willful, wanton or reckless conduct; provided however, that in no event shall lnfoSend be liable for indirect or inconsequential damages even if lnfoSend has been advised of the possibility of such potential claim , loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies . Notwithstanding anything to the contrary contained herein, lnfoSend shall not be responsible for delays in receipt of Client information or processing Client information because of causes beyond its reasonable control, including, without limitation, failures or limitations on the availability of third party telecommunications or other transmission facilities and Clients' failure to properly enter and/or transmit information. Section 7. Invoicing and Payment lnfoSend will issue week ly invoices. Invoice terms are NET 30. Should Client dispute any invoiced charges it must do so in a reasonable t ime frame. Disputes must be made within 6 months of the invoice date. Past due invoices are subject to a 1.5% per month finance charge. Client acknowledges that past due invoices must be paid in a timely fashion to avoid service interruptions. The recurring nature of lnfoSend's services result in a rapid rise in the Client's account balance if Client's accounts payable process is delayed. This is especially true if lnfoSend is invoicing client for postage charges. It is therefore ne cessary for lnfoSend to follow strict and clear procedures when a Client does not pay invoices within the agreed upon time frame. The Past Due Accounts Receivable Procedures are outlined below: • lnfoSend's Accoun t s Receivable staff will monitor any past due account balances and first send Client's staff a courtesy email to inform Client of a past due account balance before any finance charges are applied. • The finance charge is applied only if Client does not bring its account balance current within five (5) days of receiving the courtesy email. • Finance charges are applied only as a means to incentivize clients to pay their invoices on time. lnfoSend does not wish to charge clients interest and does not profit from finance charges. lnfoSend is at significant risk of financial loss if clients default on their past due debt. lnfoSend's Accounts Receivable staff must therefore constantly monitor past due account balances and evaluate the risk of a client defaulting on debt if courtesy emails and finance charges do not reduce this risk. lnfoSend reserves the right to reduce this risk by notifying Client's staff in writing that it must pay at least the portion of the account balance that is more than sixty (60) days past due within five (5) days to avoid l nfoSend's services being put on hold. • Should a hold be instated it w ill immediately be removed once payment is received. • If the service hold does not lead to payment of past due funds then lnfoSend can issue a legal notice to Client tha t the Agreement is in jeopardy of being terminated due to non-payment, per Section 3(b ). Section 8. Force Majeure Neither party will be liable for any failure or delay in performing an obligation under this Agreement that is due to causes beyond its reasonab le control, including, but not limited to, fire, explosion, epidemics, earthquake, lightning, fail ures or fluctuations in electrical power or telecommunications equipment, accidents, floods, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, fuel or energy shortages, acts or omissions of any common carrier, strikes, labor disputes, regulatory restrict ions, restraining orders or decrees of any court, changes in law or regulation or other acts of government authority, transportation stoppages or slowdowns or the inability to produce parts or materials. These causes will not excuse Client from paying accrued payables due to lnfoSend through any available lawful means acceptable to lnfoSend. Section 9. Miscellaneous The substantive laws of the state of Co lorado shall govern this Agreement. It constitutes the entire Agreement between the parties with respect to the subject matter hereof. No representations and agreements modifying or supplementing the terms of this Agreement will be valid unless in writing, signed by persons authorized to sign agreements on behalf of both parties. This Agreement is not intended to, and shall not be construed to , create or confer any right in or upon any person or entity not a party to it. Englewood, CO lnfoSend, Inc. Name: Title: Signature: --------------Signature: Date : Date : Exhibit A -Scope of lnfoSend Primary Services Client will select one or more of lnfoSend's Primary Services from the list below by checking the box next to the Primary Service name. Any Primary Services not selected prior to the execution of this Agreement can be added at a later date via an Agreement Amendment. Optional Service Features can be turned on or off at any time without incurring a termination fee when turned off. 0 Data Processing, Printing and Mailing Service ("DPPM Service"): During the term of this Agreement, lnfoSend will provide data processing, printing and mailing services. The Service consists of processing data, printing documents, mail preparation, applying postage (where applicable) and sending via the United States Posta l Service. Document types include but are not limited to bills, postcards and letters. D lnfoSend will provide eBusiness services (the "eBusiness Services"). During the term of this Agreement lnfoSend can provide eBusiness Services. These services can include presenting bills online and/or accepting payment transaction information to facilitate ACH and/or credit card payments. Section 1. Scope of DPPM Service: Data Transfer and Processing • Client to transmit data to lnfoSend in an agreed upon format. Should Client make changes to data file format after initial setup is complete it agrees to pay for the professional services required to accommodate the new file format. See Exhibit C -Professional Services for information on initial setup and ongoing programming changes . • A File Transfer Report will be emailed to the Client representatives who have opted-in to this email. A copy of this report is also available to download from the lnfoSend website. • Client will have access to an online Job Tracking application that shows the progress of each file as it is processed and becomes a batch of documents to be printed and mailed. Client can see both the original input file name and the lnfoSend-assigned "Job Code". • lnfoSend will process the mailing addresses and perform the following functions: o Apply CASS-certified address validation o Comply with USPS requirements to obtain pre-sort automation rates o lnfoSend will stay current with all USPS regulations required to mail presorted first class mail • lnfoSend will provide proofs of the final print-ready PDF files to Client to be reviewed and approved before printing begins (if requested). Document Printing and Mailing • Batches are printed by lnfoSend using a high-speed production process onto the agreed upon forms. • Printed documents are put through a quality control process and then released to the mailing department to be inserted into outgoing envelope. The return envelope and any applicable inserts are included as well. • After a batch of mail is completed in lnfoSend's system it will be marked as such in the online Job Tracker and a Process Confirmation Report will be emailed to the Client representatives who have opted-in to this email. A copy of this report is also available to download from the lnfoSend website . Section 2. Scope of eBusiness Services: There is no Scope of eServices as part of this Agreement. '. Exhibit B -lnfoSend Monthly Fees Section 1. Price Escalations to lnfoSend Monthly Fees lnfoSend Monthly Fees can be adjusted once every twelve (12) months to account for increases in the cost of materials, labor, and other overhead costs. lnfoSend reserves the right to increase lnfoSend Monthly Fees on a yearly basis (starting with the first anniversary of the Agreement date) not to exceed the Consumer Price Index (CPI) for the State of California, plus 1 %. This information can currently be found at www.dof.ca.gov/HTML/FS_DATA/LatestEconData/FS_Price.htm. The Client will be notified, in writing, at least 30 days prior to such price increase. An amendment to this Agreement will not be required if the Monthly Fees are changed, unless the terms or conditions of the Agreement have changed. Postage fees can change at any time per USPS regulations and do not require an Agreement amendment. In addition to this, if Client uses the Printing and Mailing Service, it accepts that lnfoSend reserves the right to pass on any extraordinarily high increases to the cost of forms or envelopes at any time. The Client will be notified, in writing, at least 30 days prior to such price increase. Section 2. DPPM Monthly Fees: Client understands that print and mail production costs vary based on volume. The following lnfoSend Monthly Fees are based on the estimated monthly annual volumes listed below. Should Client's actual continuous volume be less than 70% of the volume estimates Client has provided to lnfoSend (listed below) then lnfoSend reserves the right to invalidate the Fees listed in this Agreement. Should this rare situation arise then lnfoSend will notify C lient immediately and negotiate with Client in good faith to pass on any increased production costs to Client. The below pricing does not include any applicable initial setup fees, please see Exhibit C -Professional Services for initial setup fee and ongoing Professional Services Fees pricing. PROJECT PRICING Express PDF Implementation: $ 2 1000 credit eaid out in two equal annual payments Data-Only (e.g. flat files, XML) Implementation: $Waived Document Redesign Service: $Waived Professional Services Fee Per $175.00 Hour Pricing: Data Processing, Print & Mail Service Fees Per Item Options Below: Data processing, Bill Print & Mail service Regular Bills (Per Sheet) $ 0.06 Est. Average Volume 9,000/month Price is per physical page. Price includes black plus blue, green or red Includes processing data, duplex printing of variable data and form CASS address validation, e lements on the front and back of the page presorting, printing, and mail onto white form with a perforation insertion. Finished mail pieces to be delivered to the . ,. USPS within one (1) business Late Notices (Per Sheet) day. Est. Volume 3,000 /month Price includes black plus red duplex printing of variable data and form elements on the front and back of the page onto white form with a perforation lnline Inserts (Per Sheet) Pr ice includes grayscale duplex printing of i nsert PDF on the front and back of the page onto white page Multiple Page Mail piece Surcharge -Flat Mail pieces Postage (for all job types) Forms Regular Bills: custom paper stock with perforation. 8.5x11" white paper stock with perforation . Paper i s 8.Sx11" and 24lb. Price includes all inventory costs . Per Sheet $ 0.065 $ 0.06 $ 0.25 $ Pass Through Lowest rate for 5 digit ~re- Sort is S0.36 $ 0 .015 (assumes Minimum orders Of 50,000 at a Time) Late Notices: custom paper stock with perforation. 8.Sxll" white paper Per $ 0.015 stock with perforation. Paper is 8.Sxll" and 241b. Price includes all Sheet inventory costs . lnline Inserts: 8.Sxll" white paper stock. Pa per is 8.Sxll" and 241b. Per $ 0.014 Price includes all inventory costs. Black Sim p lex. Sheet E nvelopes Custom Envelopes Per Custom Envelope Options Below: # 10 Outgoing env elope-per $0 .015 sample #9 Return envelope-per $0 .014 sample Alternative Lower Cost Envelope Option #10 Double Window $0.013 Outgoing envelope #9 Single Window Return $0.012 envelope Other Envelopes Flat Single Window Envelope -only used for multiple page statements Per Flat $0.20 that do not fit in the #10 envelope. Envelop e Other Services Electronic Address Updates -NCOALink or ACS Per $0.35 Update Inserting charges Per Insert $0.01 Print Image Archive Per PDF $0.014 Each bill is stored as a PDF and indexed in a database for 2 years plus ($0 .01 the current year. Integration to Summation 360 included. for 12 month s) Exception Processing: Per Bill $0.35 Set Up Waived Includes business rules set up during implementation, creation of excepted bill PDF, segregation of bill to Exception Processing System, and release for print and mailing of released bill batches. Page 1of13 Agreement# INF20130625 Client Initial ___ lnfoSend Initial __ _ _,. .. ' Section 2.1. Custom Forms/Envelopes If Client has selected the Printing and Mailing Service and at any time requests that lnfoSend Monthly Fees include the cost of custom Client-specific materials (either in th is Agreement or since its execution), then Client understands and accepts that these materials will be purchased in bulk to achieve the lowest possible per-unit cost. Client agrees to purchase any remaining supplies of requested custom materials (normally forms or envel o pes) if Client stops using lnfoSend's Serv ice for any reason. Client agrees to purchase the remaining supply of custom forms/envelopes upon Client's request to change the custom forms/envelopes before t he supply has been depleted. Section 2.2. USPS Postage Rates Postage rates are determined by the United States Postal Service. All postage rate changes are determined directly by USPS a nd are independent of any lnfoSend service or materials fees . In no event shall any change in the postage rates affect the lnfoSend service or materials fees. The Client will be invoiced the amount of excess for overweight and foreign mail. Section 2.3. Postage Deposit lnfoSend purchases the postage needed to mail Client documents on the day of mailing. The postage charges are later invoiced to Client based on the Client's payment terms. lnfoSend requires Client to submit a postage deposit prior t o the first mailing to facilitate the payment terms. This amount will remain in deposit for the duratio n of the Agreement. Upon Agreement exp iration or termination Client must pay in full any outstanding invoices from lnfoSend for payables created under this Agreement; the postage deposit will be refunded within fifteen (15) days of the date that the last open invoice is paid . The postage deposit is subject to an annual review and may be adjusted to account for changes to Client average mailing volume or changes to USPS postage rates . There will be no more than one adjustment requested per year, if at a ll. The postage deposit amount is calculated by multiplying the estimated number mail pieces per month by the current 5-Digit pre-sorted first c lass postage rate. The postage deposit amount due for your account is: 9,000 (estimated monthly volume) mail pieces per month x $0.36 x 2 = $6,480.00. Page 2 of 13 Agreemen t # INF201 3062 5 Cli ent Initial ___ lnfoSend Initial __ _ Exhibit C -Professional Services Section 1. Price Escalations to lnfoSend Professional Services Fees lnfoSend Professional Services Fees can be adjusted once every twelve (12) months to account for increases to the cost of providing these services. lnfoSend reserves the right to increase Professional Services Fees on a yearly basis, starting with the first anniversary of the Agreement date, if needed. The Cl ient will be notified, in writing, at least 30 days prior to such price increase . An amendment to this Agreement will not be required if the Professional Services Fees are changed, unless the terms or conditions of the Agreement have changed . Section 2. Definition of Professional Services lnfoSend Professional Services are the technical services that are required to perform the initial setup of the lnfoSend Primary Services defined in Exhibit A and the technical services required to make changes to these Primary Services after the initial setup is complete. Once any Primary Service is live and operational Professional Services will not be required unless Client requests a change or makes changes to its data file format or business rules which necessitates a change to lnfoSend's system configuration or programming. Examples of lnfoSend Professional Services: • Project requirements gathering and analysis hours • Project management and/or consulting hours • Software development and system configuration hours related to the processing of Client's data • Software development and system configuration hours related to document design, web portal setup, business ru le configuration, or any other applicable technical services • Application testing and deployment hours Section 3. Professional Services Fee and Process for Approval and Payment of Fee The current Professional Services Fee is $175.00 per hour. Anytime a project will incur billable Pro fessional Services hours Client will be informed before work begins . lnfoSend and Client will execute a Statement of Work for project that Client wants lnfoSend to undertake . The payment terms for the project depend on the size and scope of the project. The Statement of Work can include payment terms that are d ifferent than the terms listed in this Agreement for lnfoSend Monthly Fees, otherw ise these terms will apply and the project fees will be invoiced upon project completion. Small projects that incur less than five (5) hours of Professional Services can be initiated without a Statement of Work if Client accepts and executes a Programming Quote for this work. All projects that will take more than five (5) hours of Professional Services work will require both parties execute a formal Statement of Work. Depending on the nature of the work required lnfoSend will provide one of the following quotation methods: • Fixed Quote -a fixed project cost will be set. lnfoSend may elect to waive this cost in some circumstances . Client understands and accepts that it must accept the terms and conditions of the Statement of Work for the project and that changes made to the project requirements, data file structure , etc. after the Statement of Work and any amendments to it have been finalized will require Client to pay for these changes on a Time and Materials basis. Client will be notified immediately if this scena rio happens and given an option to keep the original project specifications to keep the fixed quote in place. Page 3 of 13 Agreement# INF20 130625 Cl ient Init ial ___ lnfoSend Initial __ _ ..;.; ., ' . • Time and Materials quote -should it not be possible to provide a fixed quote due to the nature of a Client's requested project t hen lnfoSend will provide an estimated number of hours to complete the project and bill the hours on a Time and Materials basis . The Statement of Work will include the terms and conditions for these project types and Client will be invoiced weekly for the hours spent on the project. Section 4 . Initial Setup Cost: lnfoSend Primary Services The Initial Setup cost for the lnfoSend Primary Services selected in Exhibit A are listed below. These costs have been provided using a Fixed Quote process, explained in Section 3 above. Client understands and agrees to these t erms and to the project-specific terms and conditions that will be provided in the Statement of Work that will be created to capture Client's specific requirements and data types. Project Summary: This project will be completed to process Client's input data files and create the output to be used for the print or online delivery channel. Project Details: A requirements gathering process will be initiated to build the Statement of Work required to begin programming and system configuration. During the requirements gathering process the lnfoSend and the Client will discuss: • Client's custom data (if applicable ). When custom data is provided by the Client a "field mapping" or "field description" document is required before project implementation can begin. This document is an absolute requirement; programming cannot be based on assumptions and all fields must be defined before programming can begin . • Document design . Client must sign-off on a document design "mockup" before programming can begin . The mockup is a visual representation of how the document will look after Client 's custom data is processed by lnfoSend's system. Project Schedule: Project is estimated to take 8-12 weeks to complete. The Statement of Work will contain all client deliverables and responsibilities. Both parties agree to dedicate adequate resources to the project to complete it in the shortest amount of time possible . Should Client make changes to the data file after programming has begun it must pay Professional Services Fees , on a Time and Materials basis, to cover the programming changes required to accept the new data . Should the document design be cha nged after the final mockup is accepted and signed off on by the Client then Professional Services Fees will apply, on a Time and Materials basis, to cover the cost of making these changes. Changes to the Client data file , doc ument design, or other key specifics collected and finalized during the requirements gathering process will impact the project completion date. Changes made after the Client has executed the Statement of Work and any follow up documents can cause delays to the project completion. Page 4of13 Agreement# INF20130625 Cl ient Initial ___ lnfoSend Initial __ _ ADMINISTRATIVE COMPLIANCE ORDER AGAINST: Meadow Gold Dairies 1325 West Oxford A venue Englewood , Colorado 80110 BY CONTROL AUTHORITY: Littleton/Englewood Wastewater Treatment Plant Industrial Pretreatment Division 2900 South Platte River Drive Englewood, Colorado 80110 Attention: Mr. Mike Zimmerman CONTENTS: I. Legal Citations II. Description of Violation s III. Compliance History IV. Calculation of Penalties V. Compliance Schedule and Requirements VI. Enforcement, Penalties and Appeals Date: November XX , 2013 I I. Legal Citations Part II(D) of Meadow Gold's Industrial Wastewater Permit states, "the Permittee shall not discharge or cause to be discharged to the Storm Drainage System any material that is not entirely composed of storm water; the discharge of process and domestic wastewaters to the storm sewer is prohibited." Title 12, Chapter 2, Section 5(A)(2)(a) of the City of Englewood Municipal Code states, "It shall be unlawful for any User to discharge any domestic or non-domestic wastewater into any natural waterway , any surface drainage, or in any area under the jurisdiction of the City." Title 12, Chapter 2, Section 5(1)(3)(b) of the City of Englewood Municipal Code states, "When the City finds that a User has violated, or continues to violate, any provision of this Chapter, an industrial wastewater permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the City may issue an order to the User responsible for the discharge directing that the User come into compliance within a specific time. If the User does not come into compliance within the time provided , sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the non-compl iance , including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the User ofliability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the User." Title 12, Chapter 2, Section S(n(3)(e)(l) of the City of Englewood Municipal Code states, "When the City finds that a User has violated, or continues to violate, any provision of this Chapter, an industrial wastewater permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the City may fine such User in an amount not to .exceed five thousand dollars ($5,000.00) per day, per violation . Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation ." II. Description of Violations This administrative ordet is in response to the following violations which were documented by Division inspectors on the corresponding dates: 1) Mismanagement of wastewater: truck washing conducted along the perimeter of the property (March 2, 2013) 2) Discharge of non-stormwater material to the storm drainage system: yellow-orange substance released from the property to storm drain (September 24 , 2013) 3) Discharge of non-stormwater material to the storm drainage system: yellow-orange substance released from the property to storm drain (September 27 , 2013) 4) Mismanagement of waste material : milk leaking from trailers to the parking lot (September 27 , 2013) 5) Mismanagement of waste material: milk leaking from trailer to the parking lot (September 28, 2013) Administrative Compliance Order Meadow Gold Dairies ) Each violation is discussed in detail below. 1. Mismanagement of wastewater: truck washing conducted along the perimeter of the property (March 2, 2013) During a meeting held at the LI E WWTP on February 27 , 2013 , Mr. Ralph Lee of Meadow Gold agreed that truck washing perfo rmed on the Meadow Gold property would be performed away from the perimeter of the property and that all wastewater generated would be collected and hauled off-site. The Division was notified by way of a citizen complaint that Meadow Gold was washing trucks on Saturday, March 2, 2013 and the wastewater generated was discharged to the storm drainage system. In a conversation with Mr. Lee, he confirmed that the truck washing had occurred because the contractor had not been notified of the new procedures . 2. Discharge of non-stormwater material to the storm drainage system: yellow-orange substance released from the property to storm drain (September 24, 2013) On September 24 , 2013, Divi si on personnel responded to a report of a yellow-orange substance flowing in the gutter along West Nassau Avenue to South Kalarnath Street and north to a storm drain located on the southwest ,comer of South Kalamath Street and West Mansfield Avenue. Further investigation determi ned that the unidentified substance was coming from a trailer storage area on the north side of the Meadow Gold facility. 3. Discharge of non-stormwater material to the storm drainage system: yellow-orange substance r_~leased from the property to storm drain (September 27, 2013) During a follow-up inspection conducted on September 27 , 2013 to verify removal of the yellow-orange substance from the curb and gutter on West Nassau A venue and South Kalarnath Street, Division personnel noted the substance was once again flowing to the storm drain. The facility had failed to clean up all of the residue, resulting in the substance being re-entrained in rain water during the next precipitation event. 4. Mismanagement of waste material: milk leaking from trailers to the parking lot (September 27, 2013) During a follow-up inspection conducted on September 27, 2013 to verify cleanup of the yellow- orange substance, Division personnel observed milk puddles beneath Meadow Gold trailers in two separate locations of the north parking lot. The facility failed to clean the milk from the parking lot, resulting in the potential for waste product to be discharged to the storm drainage system. 5. Mismanagement of waste material: milk leaking from trailer to the parking lot (September 28, 2013) On September 28, 2013 , Division personnel noted a milk puddle near a trailer in the north parking lot. When questioned about the substance, Mr. Lee stated that it was milk that leaked out of weep holes in the trailers. The facility failed to clean the milk from the parking lot, resulting in Admini strative Compliance Order Meadow Go ld Dairies the potential for waste product to be discharged to the storm drainage system during the next precipitation event. III. Compliance History Meadow Gold has a history of dischargi ng process wastewater to the storm drainage system. The facility was issued an Administrative Compliance Order dated March 25 , 2010 for process waste discharges to the storm sewer system and failure to disclose a sanitary sewer drain. Violations addressed by the 2010 Administrative Compliance Order included the routing of two process drain lines to the storm sewer and additional discharges to the storm sewer drain which occurred on October 24 , 2007 ; October 23 , 2008 ; November 10 , 2009; November 12, 2009; and January 5, 2010 . The 2010 Administrative Compliance Order notified Meadow Gold that the facility is expected to keep storm drainage areas free of trash and materials that result from industrial activities and to maintain good housekeeping in these areas so that storm drains are protected from unwanted discharges. Meadow Gold was also notified that it is prohibited from routing piping carrying any process wastewater, even if it is tap water, to a storm drain. Meadow Gold was fined $9 ,000 for the violations addressed by the 2010 Administrative Compliance Order. The facility was issued an Adm inistrative Compliance Order dated February 15, 2013 for mismanagement of wastewater and mismanagement of process waste. Violations addressed by the February 2013 Administrative Compliance Order included mismanagement of wastewater generated from cleaning the facility's chemical storage building on August 31 , 2011 and mismanagement of waste product resulting in discharges of process wastewater to the storm drainage system which occurred on August 31 , 2011 ; -October 15 , 2012 ; and October 16 , 2012. The February 2013 Administrative Compliance Order notified Meadow Gold that they shall not discharge or cause to be discharged to the storm drainage system any material that is not entirely composed of storm water; the discharge of process and domestic wastewaters to the storm sewer is prohibited. Meadow Gold was fined $12 ,000 for the violations addressed by the February 2013 Administrative Compliance Order. IV. Calculation of Penalties In accordance with 40 CFR 403.8(£)(5), the Division has developed and implements an Enforcement Response Plan (ERP) containing detailed procedures indicating how the LIE WWTP will investigate and respond to instances of industrial user noncompliance. The Division 's ERP has been reviewed by the Environmental Protection Agency. In accordance with the Division 's ERP , maximum penalties allowed by the Division's legal authority are required to be calculated and must include economic benefit derived by the user from the violation. The Division has not identified any specific economic benefit gained by Meadow Gold as a result of the violations addressed in this administrative compliance order. The maximum allowable penalty is shown in Table 1. Administrative Compliance Ord er Meadow Gold Dairies Table 1. Maximum Allowable Penal Violation Mismana ement of wastewater Discharge of non-stormwater material to the storm draina e s stem Total Maximum * $5,000 per day per violation Number of Maximum Penalty* Violations 1 $5,000 2 $10,000 2 $10,000 Economic Benefit $0 $0 $0 $25,000 When calculating an enforcement penalty, the Division considers the user's compliance history and the harm or potential harm to the LIE WWTP and the environment. Meadow Gold has a major history of noncompliance, as outlined above. The Division also considers other factors, such as good faith efforts by the business. Meadow Gold hired street sweepers multiple times and hired Environmental Response LLC to pressure wash the affected areas of the street and gutters. Meadow Gold also collected a sample of the residue in an effort to determine what it was through chemical analysis. The Division has determined that it is not appropriate to reduce the penalty based on these mitigation efforts due to the ongoing nature of this type of violation at the facility. It is Meadow Gold's responsibility to prevent this type of violation from occurring. Meadow Gold's mismanagement of wastewater, discharge of non-stormwater material, and product waste resulted in the actual or potential discharge of pollutants to the storm drainage system. The storm drainage system dis_('.harges to the South Platte River. Due to the nature of the pollutants involved, these discharges have a potential of causing harm to the environment. The ERP's Penalty Frame-Work Based on History and Harm indicates that the appropriate penalty for an industrial user with a major history of noncompliance where the violation has caused harm to the environment is $100,000 or up to $3,000 per violation per day, whichever is less. Table 2. Enforcement Action Penalty Description Amount Number of Subtotal Violations Mismanagement of wastewater $3,000 1 $3,000 Discharge of non-storm water material to the $3,000 2 $6,000 storm drainage system Mismanagement of waste material $3,000 2 $6,000 Total due City of Englewood $15,000 V. Compliance Schedule and Requirements Effective immediately, Meadow Gold shall not discharge or cause to be discharged to the storm drainage system any material that is not entirely composed of storm water; the discharge of process and domestic wastewaters to the storm sewer is prohibited. Administrative Compliance Order Meadow Gold Dairies Meadow Gold shall submit a written response to the Division by December XX, 2013 which includes a written evaluation of each violation, why it occurred, and what specific measures the facility will take to prevent this type of violation from occurring in the future . The evaluation will include identifying the root cause of the ongoing issues at Meadow Gold. VI. Enforcement, Penalties and Appeals Title 12, Chapter 2, Section 5(1)(3)(e)(3) of the City of Englewood Municipal Code states, "Users desiring to appeal such fines must file a written request for the City to reconsider the fine along with full payment of the fine amount within fifteen (15) days of being notified of the fine. Such notice or appeal shall set forth the nature of the order or determination being appealed, the date of such order or determination, the reason for the appeal, and request a hearing pursuant to procedures outlined in 12-2- 5(1)(3 )( d)." Administrative Compliance Order Meadow Gold Dairies