HomeMy WebLinkAbout1999-05 FILED
IN THE OFFICE OF THE SECRETARY
ORANGE COUNTY SANITATION DISTRICT
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MINUTES OF STEERING COMMITTEE
Wednesday, May 26, 1999
A combined meeting of the Steering and Ad Hoc Committees of the Orange County
Sanitation District was held on Wednesday, May 26, 1999 at 5 p.m., in the District's
Administrative Office.
(1) The roll was called and a quorum declared present, as follows:
STEERING COMMITTEE MEMBERS: STAFF PRESENT:
Directors Present: Don McIntyre, General Manager
Jan Debay, Chair of the Board Debra Lecuna, Deputy Committee Secretary
Peer Swan, Vice Chair of the Board David Ludwin, Director of Engineering
Pat McGuigan, Chairman, OMITS Committee Mike Petennan, Director of Human Resources
Norm Eckenrode, Chairman, PDC Committee Michelle Tuchman, Director of Communications
Tom Saltarelli, Chairman, FAHR Committee Gary Streed, Director of Finance
Jim Silva, County Supervisor Greg Mathews, Assistant to General Manager
John Collins, Past Chairman of the Board
OTHERS PRESENT:
Thomas L. Woodruff, General Counsel
Don Hughes
Ryal Wheeler
(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3) PUBLIC COMMENTS
There were no comments by any member of the public.
(4) RECEIVE, FILE AND APPROVE MINUTES OF PREVIOUS MEETING
The minutes of the of the April 28, 1999 Combined Meeting of the Steering and Ad Hoc Committees
were approved as drafted.
(5) REPORT OF THE COMMITTEE CHAIR
The Committee Chair did not make a report.
Minutes of the Steering Committee
Page 2
May 26, 1999
(6) REPORT OF THE GENERAL MANAGER
A. The General Manager announced that nominations for the Chairmanship will be made in
June at the regular Board Meeting. Also, the discussion of the Pacific Coast Highway spill
has once again been pulled from the Water Board Agenda.
The General Manager also referred to a telephone conversation he received from Jim Stahl,
Assistant General Manager of Los Angeles County Sanitation District who informed him that
Senator Potence is considering a bill that will not allow counties to adopt ordinances on
biosolids until the statewide EIR on biosolids is complete. The EIR is scheduled to be
completed in October 2000. However, it is late in the legislative cycle to submit a new bill.
The Senator will have to attach it to another bill to ensure it is heard by the legislature this
session.
B. Legislators' Day
Michelle Tuchman presented a tentative Agenda for Legislators' Day and requested the
Committee's input. Legislators' Day is scheduled for Friday, June 25, 1999. Tentative guest
speakers include Jerry King of the Metropolitan Water District Board who will discuss water
issues in California and how they pertain to Orange County. Director Jim Silva will speak
about Orange County growth projections and the infrastructure needs to accommodate that
growth. Don McIntyre will speak about the Strategic Plan. Blake Anderson will speak about
the Santa Ana River Watershed Program and Chino Basin including the dairy situation and
the day will conclude with a presentation by Bill Mills on the Groundwater Replenishment
System.
7) REPORT OF GENERAL COUNSEL
General Counsel advised that there will be a need to add two items to the Closed
Session Agenda, needing immediate action, which arose subsequent to the publication
of the Agenda, to wit: Louis Sangermano v. County Sanitation Districts, at al., Orange
County Superior Court Case No. 732680; and County Sanitation District No. 3 v. United
Technologies, at al., Orange County Superior Court Case No. 722816.
(8) DISCUSSION ITEMS (Items A-D)
A. Consider Revisions to Payment of Claims Report(Gary Streed)
Gary Streed requested the Committee's consideration on revising the Payment of
Claims Report by eliminating the brief description of purchase or service.
Although the description is not required, the Board Is still required to ratify the
claims for which the description might be necessary. It was concluded by staff
that almost .25 FTE per year is utilized to prepare such a detailed report.
After discussion, the Committee agreed that the current level of detail shown in
the report is necessary for ratification. However, it was also suggested that
perhaps a middle-ground could be reached in order to save staff time and still
offer the Board sufficient information to ratify the report. If so, the new proposed
report should be presented to the FAHR Committee.
Minutes of the Steering Committee
Page 3
May 26, 1999
B. Purchasing Resolution and Delegation of Authority(Don McIntyre)
This item recommends that the Delegation of Authority for the General Manager
and the Director of Engineering be increased to $100,000 for Professional
Services Agreements and change orders. The new resolution would consolidate
past resolutions to offer more consistency on the General Manager's delegation
of authority. It will also provide additional Flexibility to save District time in getting
projects approved, lessen the workload submitted to the Board and Committees,
and provide more time for the Directors to focus on the"bigger picture" projects.
It was also discussed to give purchasing authority at the Division and Department
level for which a credit card system would be developed.
After discussion, the Committee agreed to send this proposed item to the FAHR
Committee for further discussion and eventually to the PDC.
C. Update on Employment Law Bills (Mike Peterman)
Mike Peterman gave the Committee an update on two important bills
currently under consideration by the legislature. AB240 and SB739 will have a
significant Impact on the negotiating and bargaining process between the District
and its employees. Both bills would allow management, confidential, or
supervisory employees to enter into agency shop agreements. SB739 goes so
far as to allow employees of the District to establish agency shop agreement
without negotiating with the District If 30% of the employees sign a petition and
this is a majority vote in favor of the agreement.
The Southern California Alliance of Publicly Owned Treatment Works (SCAP) is
urging wastewater agencies to submit letters in opposition to both of these bills.
After discussion, it was agreed that Human Resources and General Counsel will
prepare a letter for the Steering Committee's approval and Chair Debay's
signature to show opposition to these two bills.
D. Report on Status of State Water Bond Proposals (Don McIntyre)
The General Manager provided information regarding California Water Bonds.
The Committee discussed whether the District should become more involved in
these types of issues in order to earmark funds for the Santa Ana River
Watershed Program and/or GWRS that could benefit the District.
It was decided to monitor the efforts being made by the Southern California
Alliance to see If our active participation may be needed.
E. Review Agenda Items Scheduled to Be Presented to Committees in June
(Information item only)
The General Manager referred to PDC Item#9 and clarified that discussion will
be held on the entire 1999-00 Proposed Budget as well as the Capital
Improvement Plan. All Committees will review the Proposed Budget in June.
Minutes of the Steering Committee
Page 4
May 26, 1999
(9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY
Director Saltarelli suggested that the Tramell/Crow matter be referred back to the
FAHR Committee. The General Manager also informed the Committee that a
Draft Agreement prepared by General Counsel is now being reviewed by IRWD.
Director Swan requested further information on the cooperative projects item
shown on the Board Agenda for May regarding Inflow and Infiltration costs. The
Committee discussed the matter but did not decide on any actions.
(10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
There were none.
(11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR
ACTION AND/OR STAFF REPORT
There were none.
(12) CONSIDERATION OF UPCOMING MEETINGS
The next Steering Committee meeting is scheduled for June 23, 1999 at 5 p.m.
(13) CLOSED SESSION
General Counsel reported to the Committee the need for a closed session, as authorized
by Government Code Section 54957 to discuss and consider the item
that is specified as Item No. 13A(1)on the published Agenda. General
Counsel also indicated a need to add two items needing immediate action that
arose subsequent to the publication of the Agenda. He reported that
additional items could be added pursuant to Government Code Section
54954.2(b) upon a two-thirds vote of the Committee. No other items would be
discussed or acted upon.
It was moved, seconded, and unanimously carried that pending litigation
matters entitled Sangermano v. County Sanitation Districts., OCSC Case No.
732680, and County Sanitation District No. 3 v. United Technologies, et al.,
OCSC Case No. 722816 be added to the Agenda for discussion and action as
Items Nos. 13A(2)and 13A(3).
At 6:15 p.m, the Committee convened in closed session pursuant to Government
Minutes of the Steering Committee
Page 5
May 26, 1999
Code Sections 54957 and 54956.9. Confidential Minutes of the Closed Session
held by the Committee have been prepared in accordance with California
Government Code Section 54957.2 and are maintained by the Board Secretary in the
Official Book of Confidential Minutes of Board and Committee Closed
Meetings. A report of actions taken will be publicly reported at the time
the approved actions become final re Agenda Items Nos. 13A(1), 13A(2), and
13A(3) .
At 7:00 p.m., the Committee reconvened in regular session.
(14) ADJOURNMENT
The Chair declared the meeting adjourned at 7:00 p.m.
Prepa d,py:rDebra Lecuna
Deputy Committee Secretary
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STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
Pursuant to California Government Code Section 54954.2, 1 hereby certify that the Notice
and the Agenda for the Steering Committee meeting held on Wednesday, May 26, 1999, was duly
posted for public inspection in the main lobby of the District's offices on Thursday, May 20, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of May, 1999.
�16
Penny Kyle, S W of he Board of Directors of
Orange County Sa�alion District
' Posted: May 20 , 1999, 2_30p.m.
By: 44Ak��l�C�fl�CSLR
Signature
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ORANGE COUNTY SANITATION DISTRICT
BhOee; BOARD SECRETARY (2)
(714)962-2411
mailing address:
P.O. Box B127
fi otain Valley.CA
92728-B127
ams"m.aeros: NOTICE OF MEETING
10844 Ellis A`enus
92708170 a STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
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-To Protect tna Public Health and Me Environment through Excellence in Wastewater Systems'
STEERING COMMITTEE AND BOARD MEETING DATES
FOR THE NEXT YEAR
Wednesday, June 23, 1999
Wednesday, July 21', 1999
Wednesday, August 25, 1999
Wednesday, September 22, 1999
Wednesday, October27, 1999
Wednesday, November 17', 1999
Wednesday, December 15', 1999
Wednesday, January 26, 2000
Wednesday, February 23, 2000
Wednesday, March 22, 2000
Wednesday, April 26, 2000
Wednesday, May 24, 2000
Wednesday, June 28, 2000
"Tentatively rescheduled from regular fourth Wednesday.
STEERING COMMITTEE
(1) Roll Call:
Meeting Date: May 26 1999 Meeting Time: 5 p.m.
Meeting Adjourned:
Committee Members
Jan Debay, Chair of the Board ............................ —
John J. Collins, Past Joint Chairman ...................._ —
Peer A. Swan, Vice Chair...................................—
Norm Eckenrode, Chair, PDC Committee .............. —
Pat McGuigan, Chair, OMTS Committee ............... —
Tom Saltarelli, Chair, FAHR Committee ...............
Todd Spitzer, Supervisor ...................................—
Others
Thomas L. Woodruff, General Counsel....................
Staff Present
Donald F. McIntyre, General Manager......................
-
Blake P. Anderson, Asst. General Manager..............—
Gary Streed, Director of Finance...............................—
Mike Peterman, Director of Human Resources.........—
Michael D. White, Controller......................................—
Marc DuBois, Contracts/Purchasing Manager..........—
Ed Torres, Air Quality Control Manager....................—
Debra Lecuna, Deputy Committee Secretary............—
c: Debbie Lecuna
AGENDA
REGULAR MEETING OF THE STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
WEDNESDAY, MAY 26, 1999 AT 5 P.M.
ADMINISTRATIVE OFFICE
10844 Ellis Avenue
Fountain Valley, California
In accordance with the requirements of California Government Code Section 54954.2, this agenda has
been posted in the main lobby of the District's Administrative Once not less than 72 hours prior to the
meeting date and time above. All written materials relating to each agenda item are available for public
inspection in the office of the Board Secretary.
In the event any matter not listed on this agenda is proposed to be submitted to the Steering Committee
for discussion and/or action, it will be done in compliance with Section 54954.2(b)as an emergency item
or that there is a need to take immediate action which need came to the attention of the District
subsequent to the posting of the agenda, or as set forth on a supplemental agenda posted not less than
72 hours prior to the meeting date.
(1) ROLL CALL
(2) APPOINTMENT OF CHAIR PRO TEM, IF NECESSARY
(3) PUBLIC COMMENTS
All persons wishing to address the Steering Committee on speck agenda items or matters of
general interest should do so at this time. As determined by the Chairman, speakers may be
deferred until the specific item is taken for discussion and remarks may be limited to five
minutes.
Matters of interest addressed by a member of the public and not listed on this agenda cannot
action taken by the Committee except as authorized by Section 54954.2(b).
-2- May 26, 1999 Agenda
(4) APPROVE MINUTES OF PREVIOUS MEETING
Approve draft minutes of the April 28, 1999 Steering Committee meeting.
(5) REPORT OF COMMITTEE CHAIR
(6) REPORT OF GENERAL MANAGER
Legislator's Day (Michelle Tuchman)
(7) REPORT OF GENERAL COUNSEL
(8) DISCUSSION ITEMS (Items A-D)
A. Consider Revisions to Payment of Claims Report (Gary Streed)
B. Purchasing Resolution and Delegation of Authority (Don McIntyre)
C. Update on Employment Law Bills (Mike Peterman)
D. Report on Status of State Water Bond Proposals (Don McIntyre)
E. Review Agenda Items Scheduled to Be Presented to Committees in June
(Information item only)
(9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY
(10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
(11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR
ACTION AND STAFF REPORT
(12) FUTURE MEETING DATES
The next Steering Committee Meeting is scheduled for 5 p.m., Wednesday, June 23, 1999.
The next Board Meeting is scheduled for 6:30 p.m., Wednesday, June 23, 1999.
r
-3- May 26, 1999 Agenda
(13) CLOSED SESSION
During the course of conducting the business set forth on this agenda as a regular meeting of
the Steering Committee, the Chair may convene the Committee in closed session to consider
matters of pending real estate negotiations, pending or potential litigation, or personnel matters,
pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential
litigation; (c)employment actions or negotiations with employee representatives; or which are
exempt from public disclosure under the California Public Records Act, may be reviewed by the
Directors during a permitted closed session and are not available for public inspection. At such
time as final actions are taken by the Board on any of these subjects, the minutes will reflect all
required disclosures of information.
A. Convene in closed session, pursuant to Government Code Section 54957 to:
1) Consideration of Early Retirement medical request by Tom Gerlinger
B. Reconvene in regular session
C. Consideration of action, if any, on matters considered in closed session.
(14) ADJOURNMENT
jt
H:WA.MAGENDMTEENIND CDMMMEfl98lMAYBJM WADENDAw NDTN:e M0 aDLLCM SHEET,Doc
Notice to Committee Members:
For any questions on the agenda or to place items on the agenda,Committee members should contact the
Committee Chair or the Secretary ten days in advance of the Committee meeting.
Committee Chair: Jan Debay (949)644-3004(Newport Beach City Hall)
Secretary: Jean Tappan (714)593-7101
(714)962-0356(Fax)
E-mail: jtappan(Mocsd.com
1
DRAFT
MINUTES OF COMBINED STEERING AND
AD HOC COMMITTEES MEETING
Wednesday, April 28, 1999
A combined meeting of the Steering and Ad Hoc Committees of the Orange County
Sanitation District was held on Wednesday,April 28, 1999 at 5 p.m., in the District's
Administrative Office.
(1) The roll was called and a quorum declared present, as follows:
STEERING COMMITTEE MEMBERS:
Directors Present: OTHERS PRESENT:
Jan Debay, Chair of the Board Thomas L. Woodruff, General Counsel
Pat McGuigan, Chairman, OMTS Committee Don Hughes
Norm Eckenrode, Chairman, PDC Committee Ryal Wheeler
Tom Saltarelli, Chairman, FAHR Committee
Jim Silva, County Supervisor
John Collins, Past Chairman of the Board STAFF PRESENT:
Don McIntyre, General Manager
Directors Absent: Blake Anderson, Asst. General Manager
Peer Swan, Vice Chair Jean Tappan, Committee Secretary
Bob Ghirelli, Director of Technical Services
AD HOC COMMITTEE MEMBERS: Mike Moore, Manager of ECM Division
Directors Present: David Ludwin, Director of Engineering
Jan Debay, Chair of the Board Jim Herberg, Engineering Supervisor
Pat McGuigan, Chairman, OMTS Committee Mike Peterman, Director of Human Resources
Norm Eckenrode, Chairman, PDC Committee Michelle Tuchman, Director of Communications
Tom Saltarelli, Chairman, FAHR Committee Gary Streed, Director of Finance
John Collins, Past Chairman of the Board
Directors Absent:
Peer Swan, Vice Chair
(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3) PUBLIC COMMENTS
There were no comments by any member of the public.
Minutes of the Steering Committee r
Page 2
April 28, 1999
(4) RECEIVE, FILE AND APPROVE MINUTES OF PREVIOUS MEETING
The minutes of the of the March 24, 1999 Combined Meeting of the Steering and Ad Hoc
Committees were approved as drafted.
(5) REPORT OF THE COMMITTEE CHAIR
The Committee Chair did not make a report.
(6) SPECIAL REPORT BY DIRECTOR SALTARELLI RE CROW WINTHROP MEETING
This report was deferred until Director Saltarelli arrived. (See below)
(7) REPORT OF THE GENERAL MANAGER
General Manager McIntyre indicated that the status of SPMT negotiations would be discussed in
Closed Session.
A. Update on Kern County Issues re Biosolids Disposal
Blake Anderson and Mike Moore explained the ongoing activities associated with
the biosolids ordinance being considered by the Kern County Board of
Supervisors. Staff continues to monitor and participate as necessary.
e. The Fair Competition and Taxpayer Savings Act
Blake Anderson provided a heads up that a recent California Supreme Court
ruling has determined that state resources (civil servants) are to be allowed to
provide engineering services on state funded projects. Several bills are being
drafted that would allow the continuation of public-private partnerships, and there
is an initiative process that is underway. If the initiative is approved, it would
appear on the March 2000 ballot. Staff, at that time, would seek active support
from the Board by way of a resolution. No action was taken by the Steering
Committee.
C. Update on California Water Bond
Mr. Anderson reported that SAWPA is building a coalition to get a water bond
that would address issues of importance to the District and other agencies in the
watershed. When the ballot measure is in final form, staff will seek support from
the Board.
D. Legislators Day at the District, and E. Managing Public Outrage with Peter
Sandman
Michelle Tuchman described several events that the Directors may wish to
participate in: Legislators' Day on Friday, June 25 between 8:30 and 11:30 a.m.;
a day-long workshop with Peter Sandman on Wednesday, October 20; and a tour
of the Chino Basin and surrounding drainage area on Saturday, June 12.
Ms. Tuchman also presented concept drawings of new signage for the CNG
station that will be presented to the City of Fountain Valley for review.
After discussion, it was determined that the Committee meetings would continue
to be held in Conference Room AIB, unless there is a special event that could
result in larger than usual attendance.
1
Minutes of the Steering Committee
Page 3
April 28, 1999
Bob Ghirelli, Director of Technical Services, reported that there was a NPDES permit violation
in February that was not caught until well after the fact, and as a result EPA and the Regional
Board were not notified as required. However, once it was identified, staff immediately
notified the regulators by letter and has developed an action plan to determine where the
compound entered the influent. The new computer module of LIMS will prevent this from
occurring in the future.
(8) REPORT OF GENERAL COUNSEL
General Counsel reported on the claim submitted by Colich Construction re the Slater Avenue Pump
Station project, Contract No. 11-17. A construction analyst will be engaged to evaluate records and
data and provide an opinion to try to resolve this issue.
(9) DISCUSSION ITEMS (Items A-D)
A. Service to Areas Outside the District's Boundary
Gary Streed provided the additional information requested at last month's
Steering Committee meeting on the existing policy. The proposed changes
would allow service for all areas within the natural drainage areas to the
Sanitation District, some outside of Orange County. The request from Brea has
been incorporated into the resolution. Tom Woodruff, General Counsel, indicated
that the because this is a policy and not an ordinance, the Board could make
changes or waive certain requirements.
It was moved, seconded and approved to forward the policy to the Board at the
May meeting.
B. Lemon Heights Annexation Agreements
David Ludwin, Director of Engineering, reported on the status of the developer's
request to annex property to the District and to provide a pump station to handle
flow from this 'island' in unincorporated County territory. Other homeowners
have requested that they be part of the annexation, and as a result 44
homeowners will be signing agreements to annex to the District. These requests
will be presented to the Board in May. Following LAFCO approval, the Board will
be asked to approve the annexations.
(6) At 6 p.m. Director Saltarelli arrived and described his meeting with Mr. Bill Lane of Crow
Winthrop on their claim against the District regarding the Consolidation. It appears that
an agreement has been reached wherein Crow Winthrop will drop Its claim and the
District will continue to work to reach agreement on the pump station relocation and
future sewering of the Park Place development. Nothing has been received in writing to
date.
/ I
Minutes of the Steering Committee
Page 4
April 28, 1999
(9) continued
C. Computer Loan Program for Directors
Don McIntyre explained the computer loan program currently offered to
employees and asked if there was any interest in expanding it to include
Directors. After discussion, it was decided to discuss the issue at a future FAHR
Committee meeting, after contacting the Political Fair Practices Commission on
appropriateness.
D. The agenda items scheduled to be presented to Committees in May were
reviewed.
(10) REPORT OF AD HOC COMMITTEE CHAIR
Chair Collins did not make a report.
(11) AD HOC COMMITTEE DISCUSSION ITEMS
A. Seaside Financial Lease Agreement at Plant 1
The current lease agreement with Seaside Financial for the storage facility is
scheduled to terminate in September 1999. Staff recommended that the lease be
extended with the same terms until December 2001. At that time, the lease could be
extended on an agreed upon term but with a reduced area to provide space that could
be required by the GWR project. The members of the Steering Committee agreed
with the recommendation.
B. Recommend providing a Verbal Report re GWR Joint Coordination Committee at
monthly Board meetings
C. Recommend that the Board receive and file minutes of the Joint Coordination
Committee meetings
D. Recommend that all Joint Coordination Committee recommendations requiring Board
approval be presented directly to the Board
Ad Hoc Committee Chair Collins recommended that items B., C., and D. be
considered together. It was moved, seconded and approved to accept staff
recommendations. Items of special interest and without urgency, however, will
continue to be presented to the PDC Committee, as determined by the Ad Hoc
Committee Chair.
(12) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY
There was no other business discussed.
Minutes of the Steering Committee
Page 5
April 28, 1999
(13) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
Director Collins asked that the issue of Director Compensation be considered at a future FAHR
Committee. General Counsel Woodruff indicated that changes to the compensation structure require
legislative action and that CASA is currently working on identifying a bill currently under
consideration that this could be added to. Mr. Woodruff will report back to the Committee at the next
meeting on the status.
(14) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR
ACTION AND/OR STAFF REPORT
There were none.
(15) CONSIDERATION OF UPCOMING MEETINGS
The next Steering Committee meeting is scheduled for May 26, 1999 at 5 p.m.
(16) CLOSED SESSION
The Committee convened at 6:34 p.m. in Closed Session, pursuant to Section 54957, to
consider the appointment of a public employee to the position of General Manager and to
consider the terms of a termination agreement. Minutes of the Closed Session are on file with
the Board Secretary. The minutes of the Joint Board will report on the actions when they are
approved.
At 6:58 p.m., the Committee reconvened in regular session.
(17) ADJOURNMENT
The Chair declared the meeting adjourned at 6:58 p.m.
Prepared by:
Jean Tappan
Steering Committee Secretary
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STEERING COMMITTEE Meetln9 Date To ad.at Dr.
AGENDA REPORT Rem Number Rem Number
Orange County Sanitation District
FROM: Gary G. Streed, Director of Finance
SUBJECT: CONSIDER REVISIONS TO PAYMENT OF CLAIMS REPORT
GENERAL MANAGER'S RECOMMENDATION
Approve revisions to Payment of Claims Report, deleting the purchase description and
reducing preparation time by approximately 500 hours per year.
SUMMARY
Each month the Directors ratify the"Payment of Claims" report of the District by a roll
call vote at the Board meeting. The report (copy attached) includes the warrant
number, the payee, the amount of the warrant, and a brief description of the purchase
or service. Two reports are prepared each month to include weekly accounts payable
warrants, biweekly payroll warrants and monthly wire transfers. While there are
occasional abstentions during the vote, there is very seldom any discussion or
questions about a payment.
As a part of the continued evaluation of our work effort and value, staff has reviewed the
Payment of Claims report process. To gather the data, prepare the report, review the
report and correct the report requires approximately 2.5 days. Two reports are
prepared each month, requiring a total estimated annual effort of 540 hours.
The financial information system is capable of preparing most of this report. The
majority of the staff effort is spent selecting or determining the appropriate description.
The financial information system cannot complete this function for several reasons.
Often more than one invoice is included on one warrant; the input field in the accounts
payable module is not sufficient to include all the desired description, and the purchase
order terminology is often arcane or cryptic and hard for a layperson to understand.
Staff is recommending that future Payment of Claims reports be simplified by
eliminating the brief description of purchase or service, and including only the warrant
number, the payee, and the amount of the payment. For the most part, this change will
allow the report to be prepared on the financial information system with minimum input
from staff. The effort currently spent on this report would be re-deployed within the
accounts payable fixed assets function.
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PROJECT/CONTRACT COST SUMMARY `
The proposed simplification is expected to make nearly 500 hours per year available for
other productive efforts.
BUDGETIMPACT
® This item has been budgeted. (Line item: )
❑ This item has been budgeted, but there are insufficient funds.
❑ This item has not been budgeted.
❑ Not applicable (information item)
ADDITIONAL INFORMATION
None.
ALTERNATIVES
Continue current program.
CEQA FINDINGS
N/A
ATTACHMENTS
1. Current Payment of Claims Agenda Report
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WaEon%dalal\wp.CtaVnQ1 DkraneWGENDA.ITM\PaymentofClaimsRpt.dm
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R.;eetl: ermraa Page 2
BOARD OF DIRECTORS Meeang Date To B of Dir.
4/26/99
AGENDA REPORT 1enNart°e Item
-v Orange County Sanitation District
FROM: Gary Streed, Director of Finance
Originator: Bill Aldridge, Principal Accountant
SUBJECT: PAYMENT OF CLAIMS OF THE ORANGE COUNTY SANITATION
DISTRICT
GENERAL MANAGER'S RECOMMENDATION
Ratify Payment of Claims of the District by Roll Call Vote.
SUMMARY
See attached listing.
PROJECT/CONTRACT COST SUMMARY
N/A
BUDGETIMPACT
® This item has been budgeted. (Line item: N/A)
❑ This item has been budgeted, but there are insufficient funds.
❑ This item has not been budgeted.
❑ Not applicable (information item)
ADDITIONAL INFORMATION
N/A
ALTERNATIVES
N/A
CEQA FINDINGS
N/A
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Claims Paid From 3/01199 to 3116/99
Warrant No. Vendor Amount Description
Accounts Payable-Warrants
17735 Bristol Systems, Inc. 9 35,751.24 Consulting Services-Y2K Project
17736 Converse Consultants 26,444.18 Consulting Services MO 8-11-93
17737 E.I. Du Pont De Nemours and Company 104.010.00 Painting Maim. Services MO 4-22-98
17738 Duke Energy Trading&Marketing, L.L.C. 63,385.52 Natural Gas-Spec it P-170
17739 FileNET Corporation 28.642.94 Computer Software-Electronic Document Management System
17740 Kemiron Pacific, Inc. 98,042.37 Ferric Chloride MO 9-27-95
17741 Pima Gro Systems, Inc. 65.075.01 Residuals Removal MO 3.29-95
17742 Polydyne, Inc. 28.236.71 Cationic Polymer MO 3-11-92
17743 Science Applications Intl.,Corp. 95,994.32 Ocean Monitoring MO 6-8-94
17744 Southern California Edison 51,912.06 Power
17745 Tule Ranch/Magan Farms 57,659.84 Residuals Removal MO 3-29-95
17746 Woodruff, Spradlin&Smart 86,627.92 Legal Services MO 7-26-95
17747 Advanco Constructors,Inc. 194,193.90 Construction 541-1
17748 First Fire Systems, Inc. 72,585.72 Construction Contract J-57 MO 2-25-98
17749 Fleming Engineering, Inc. 132,596.00 Construction 7-17
17750 Mike Pdich&Sons 186,656.00 Construction 6-12
17751 NCCI Enterprises, Inc. 104.579.28 Construction 240
17752 The Vantage Group, L.L.C. 10.880.00 Consulting Services-Source Control Programming Project
17753 American Telephone&Telegraph Corp. 27.18 Long Distance Telephone Services
17754 American Telephone&Telegraph Corp. 1.607.60 Long Distance Telephone Services
17755 American Telephone&Telegraph Corp. 6.95 Long Distance Telephone Services
17756 American Telephone&Telegraph Corp. 477.31 Long Distance Telephone Services
17757 Abesce 123.80 Hardware
17758 Action Door Repair Corporation 1,014.98 Door Repairs
17759 Advanced Engine Tech Corp. 4,513.79 Engine Testing J-19
17760 Advanced Enterprise Solutions 1.508.50 Software Subscription
17761 Air Liquids America Corp. 1.535.37 Specialty Gasses
17762 Air Products&Chemicals 243.43 O&M Agreement Oxy Gen Sys MO 8-8-89
17763 Airborne Express 28.00 Air Freight
17764 Alrgas Lyons Safety 27.20 Safety Supplies
17765 Allied Supply Company 1,927.33 Mechanical Parts&Supplies
17766 American Airlines 4,664.00 Travel Services
17767 American Chemical Society 700.00 Registration
17768 Applied Industrial Technology 709.21 Electrical Parts&Supplies
17789 Armor Vac Sweeping Service 1,014.00 Vacuum Truck Services
17770 Art's Disposal Service, Inc. 1.862.40 Waste Removal
17771 Atlantis Pool Care 235.00 Service Agreement
17772 Azur Environmental 2,299.98 Lab Supplies
Page 1 of 9 �'
Claims Paid From 3101/99 to 3115199
warrant No. Vendor Amount Description
17812 CEM Corporation 844.51 Lab Supplies
17813 CLE International 495.00 Registration
17814 CWEA Annual Conference 1,364A0 Conference Registration
17815 CWFA Y2K 30.00 Registration
17816 De Guelle 8 Sons Glass Co. 87.47 Safety Glass
17817 Del Mar Analytical 1,070.00 Biosolids Analysis
17818 Dell Direct Sales L.P. 14,200.37 6 Dell P6400 Computers 8 6 Dell 1200HS Monitors
17819 Dexon Computer, Inc. 16,060.00 2 VS4000-96 Workstations
17820 DeZurik C/O MiscolSouthWest 841.75 Valves
17821 Diamond H Recognition 284.73 Employee Service Awards
17822 Robert F. Driver Associates 3,126.00 Faithful Performance Insurance MO 6-10-92
17823 Dunn-Edwards Corporation 161.63 Paint Supplies
17824 DGA Consultants, Inc. 5,112.00 Surveying Services MO 6.8-94
17825 DISCAN Corporation 3,535.05 Computer Services
17826 Edinger Medical Group, Inc. 121.00 Medical Screening
17827 Edward R. Eisenhauser 500.00 Professional Service-Financial
17828 Emergency Management Network, Inc. 770.00 CPR/First Aid Training
17829 Enchanter, Inc. 3,500-00 Ocean Monitoring MO 5-24-95
17830 EK Development Corporation 10,400.00 Wheeler Ridge Option Agreement MO 11-18-98
17831 EOE International,Inc. 520.00 Risk Assessment-Y2K Project
17832 Faxpress, Inc. 456.59 Office Supplies
17833 Federal Express Corp. 62.35 Air Freight
17834 Filter Supply Company 5,171.48 Filters
17835 Fisher Scientific Company LLC 1,145.03 Lab Supplies
17836 Flat and Vertical. Inc. 559.00 Concrete Cutting
17837 Flo-Systems, Inc. 1,829.05 Pump Supplies
17838 Fountain Valley Camera 49.50 Photo Supplies
17839 Fountain Valley Rancho Auto Wash, Inc. 218.95 Truck Wash Tickets
17840 Franklin Covey 35.23 Office Supplies
17841 Fry's Electronics 1,074.08 Computer Supplies
17842 Full Spectrum Analytics, Inc. 741.02 Lab Instrument Service
17843 G.F.O.A. 410.00 Membership
17844 GTE California 992.93 Telephone Services
17845 George Yardley Co. 450.19 Lab Supplies
17846 Getinge Castle 149.23 Lab Equipment Maintenance
17847 WW Grainger, Inc. 394.64 Compressor Supplies
17848 Graphic Distributors 3,436.15 Photographic Supplies
17849 Greseby STI 121.85 Engine Supplies
17850 Great Western Santtary Supplies 681.86 Janitorial Supplies
Page 3 of 9
Claims Paid From 3101199 to 3116199
Warrant No. Vendor Amount Description
17890 Matt Chlor, Inc. 2.698.28 Valves
17891 Mc Junkin Corp—Ontario Branch 43.00 Plumbing Supplies
17892 McMaster-Carr Supply Co. 2,804.68 Tools
17893 Measurement Control Systems, Inc. 6,255.10 Electrical Supplies
17894 Mechanical Drives Co. 440.15 Electrical Supplies
17895 Medlin Controls Co. 555.36 Instrument Supplies
17896 Mesa Muffler 161.49 Truck Supplies
17897 Micro Flex 936.00 Gloves
17898 Tri Pole Corp/MicroAge 1,302.03 Software
17899 Mid-West Associates 8,791.40 Pump Supplies
17900 Midway Mfg 8 Machining Co. 4,242.45 Mechanical Repairs
17901 Mission Uniform Service 3.804.63 Uniform Rentals
17902 Mitchell Instrument Co. 300.00 Instruments
17903 Mitchell Repair Information Co. 140.07 Publications
17904 MotoPhoto 37.48 Photographic Services
17905 MPS Photographic Services 22.09 Photographic Services
17906 National Technology Transfer, Inc. 982.00 Registration
17907 Neal Supply Co. 1,072.13 Plumbing Supplies
17908 Network Associates 3,274.83 Computer Consulting Services
17909 Network Construction Services 18,155.00 Construction Services-Wiring for J-42
17910 Newark Electronics 65.24 Instrument Supplies
17911 City of Newport Beach 43.98 Water Use
17912 Nuclear Source and Services(NSSI) 665.00 Lab Services
17913 NETG (National Education Training Group) 1,363.04 Software Training
17914 Office Depot Business Services Div. 1,540.74 Office Supplies
17915 Oplio Software 2.500.00 Software Training
1791e Orange County Pump Co. 2.790.73 Pump Supplies
17917 Oxygen Service Company 240.65 Specialty Gases
17918 OCB Reprographics 7,199.60 Printing Service-Spec P-173
17919 P.L. Hawn Company, Inc. 19,277.67 Electrical Supplies
17920 Pacific Bell 22.08 Telephone Services
17921 Pacific Mechanical Supply 2,017.73 Plumbing Supplies
17922 Pagenet 1.686.00 Rental Equipment
17923 Parts Unlimited 406.46 Truck Supplies
17924 Peak Technologies 169.02 Lab Supplies
17925 Peerless Pump Company 1,850.51 Pump Supplies
17926 Pickard Design 3.912.19 Publication-Wastewater Mgml. Brochure
17927 Ouanterra Environmental Services 950.00 Analytical Service
17928 Quest Headquarters 1,000.00 Membership
Page 5 of 9 -
Claims Paid From 3101199 to 3115199
Warrant No. Vendor Amount Description
17968 Truck 8 Auto Supply, Inc. 339.85 Truck Supplies
17969 Tmesdail Laboratories, Inc. 400.00 Lab Services
17970 Teksystems 7,040.50 Temporary Employment Services
17971 United Parcel Service 627.92 Parcel Services
17972 U.S. Filter Corporation 1,262.75 Filters
17973 UNL Center for leadership Dev. 158.00 Registration
17974 Unocal Corporation 130.47 Fuel for Vehicles-Contract 3-38-3
17975 Valcom 10,694.07 Software-Microsoft Project 98
17976 Valley Cities Supply Company 2,591.62 Plumbing Supplies
17977 Vector Resources 8,200.00 Cable Installation
17978 Vortex Industries, Inc. 1,787.10 Door Repair
17979 Vulcan Chemical Technologies 22,403.20 Hydrogen Peroxide Specification No: C-044
17980 VWR Scientific 7,631.99 Lab Supplies
17981 The Wackenhut Corporation 5,867.05 Security Guards
17982 Wayne Electric Co. 168.00 Electrical Supplies
17983 West-Lite Supply Company, Inc. 95.27 Electrical Supplies
17984 WEF Research Foundation 13.30 Publication
17985 Xerox Corporation 16,581.59 Copier Leases
17986 CNA Trust 21,577.10 Construction 5411-1
17987 Michael C. Bock 254.40 Training Expense Reimb.
17988 Richard A. Castillon 200.00 Meeting Expense Reimb.
17989 Danny S. Evangelista 500.00 Training Expense
17990 Dean M. Fisher 267.65 Training Expense Reimb.
17991 Donald F.McIntyre 738.32 Meeting Expense Reimb.
17992 Patrick T.Pan 287.21 Training Expense Reimb.
17993 Rosa Aguilar 8 Comp USA 775.77 Employee Computer Loan Program
17994 Thomas Dodderer 8 Comuxpress 1,250.01 Employee Computer Loan Program
17995 County of Orange 2,130.00 Sewer Service Fees Admin.
17996 Orange County Sanitation District 228.02 Petty Cash Reimb.
17997 Cale Dolly 8 Supply 1.325.06 Equipment Rental
17998 Kelly J. Christensen 431.24 Meeting Expense Reimb.
17999 Converse Consultants 7,099.35 Consulting Services MO 8-11-93
18000 Rick J. Hannappel 556.40 Training Expense Reimb.
18001 Donald F. McIntyre 1,220.85 Meeting Expense Reimb.
18002 Valley Cities Supply Company 442.63 Plumbing Supplies
18003 Kemiron Pacific,Inc. 25,798.07 Ferric Chloride MO 9-27-95
18004 Orange County Sanitation District 393,358.35 Payroll EFT Reimbursement
18005 Appleone Employment Service 6,308.60 Temporary Employment Services
180136 Court Order 455.15 Wage Garnishment
Page 7 of 9
Claims Paid From 3101/99 to 3/15/99
Warrant No. Vendor Amount Descriptlon
18046 Mike J. Herrera 183.00 Tralning Expense Reimb.
18047 Enterprise Technology Services, L.L.C. 48,294.40 Consulting Services-FIS Impl. 8 Support
Total Accounts Payable-Warrants $ 2,712,183.18
Payroll Disbursements
13200.13337 Employee Paychecks $ 182.476.52 Biweekly Payroll 3/10199
13338-13341 Employee Paychecks 3.335.13 Termination, Replacement and Retro Paychecks
13342-13362 Directors'Paychecks 4,747.10 Payroll 3/15199
35533-35978 Direct Deposit Statements 633,359.54 Biweekly Payroll 3/10199
Total Payroll Disbursements $ 823,917.29
Wire Transfer Payments
Chaselrexas Commerce Bank 161,680.27 March Interest Payment on 1993 Certificate of Deposits
Chase/Texas Commerce Bank 151.148.99 March Interest Payment on 1990-92 Series A Certificate of Deposits
Financial Guaranty Insurance Co. 83,114.16 Quarterly Liquidity on Series C Certificate of Deposits
Stale Street Bank 8 Trust 125,162.13 March Interest Payment on 1990-92 Series C Certificate of Deposits
Total Wire Transfer Payments $ 511.105.55
Total Claims Paid 311/99.3116/99 $ 4,047,206.02
Page 9 of 9 �'
Claims Paid From 3116199 to 3131199 t
Warrant No. Vendor Amount Description
18086 Asbury Environmental Services 230.00 Waste Oil Removal
18087 Atlantis Pool Care 235.00 Service Agreement
18088 ABB Industrial Systems Inc. 1,055.83 Electrical Parts&Supplies
18089 AGFA Educational Publishing 173.25 Publications
18090 AKM Consulting Engineers 3,318.09 Consulting Services 11-17-3& 11-20
18091 AMA1Keye Productivity Center 410.00 Registration
18092 The Assoc.of Records Managers&Admin. 100.00 Membership
18093 ASTD 229.00 Membership
18094 AWSI 199.00 Department of Transportation Training Program
18095 Bar Tech Telecom, Inc. 275.84 Telephone Installation
18096 Beach Paving, Inc. 11,475.00 Asphalt Repair
18097 BearCom 640.03 Communication Equipment
18098 BioSpherical Instruments,Inc. 255.23 Lab Supplies
18099 Boyle Engineering Corporation 9,034.08 Engineering Services 3-38-1,7-7-1
18100 Bristol Systems, Inc. 12,533.90 Consulting Services-Y2K Project
18101 Burke Engineering Co. 510.13 Electrical Supplies
18102 Bush&Associates, Inc. 1.640.00 Surveying Services MO 6-25-97
18103 Business Week 37.95 Subscription-IT
18104 BC Wire Rope&Rigging 163.78 Rope
18105 SEC-Building Electronic Controls, Inc. 1.300.00 Training Registration
18106 BNI Building News 1,315.58 Publication
18107 C&H Distributions 293.71 Handling Equipment
18108 Calif Centrifugal Pump 1,917.85 Pump Supplies
18109 CA Contractor's License Exam Canted 8682 595.00 Registration
18110 CWEA 180.00 Membership
18111 Camali Corp. 4,562.50 Maint.Service Agreement
18112 Canus Corporation 553.75 Fiber Optic Cable
18113 Carter-America Fleet Service 71.24 Truck Supplies
18114 Centrepointe Commercial Interiors 1.125.68 Office Furniture
18115 Chemwatch, Inc. 15.00 Plans&Specs Overpayment Refund
18116 Clayton Group Services, Inc. 2,172.08 Professional Services-Ergonomic
18117 Compaq Computer Corporation 300.62 Computer Supplies
18118 Consolidated Elect. Distributors, Inc. 2.539.49 Electrical Supplies
16119 Contemporary Controls 9,396.28 Computer Supplies
18120 Control Concepts Corp. 306.50 Electrical Supplies
18121 Cooper Energy Services 409.04 Engine Supplies
18122 Corporate Express 1,095.61 OBice Supplies
18123 Corporate Image Maintenance, Inc. 700.00 Custodial Services Spec. No. 9899-09
18124 Cost Containment Solutions 292.51 Workers Comp. Services
Page 2 of 16
Claims Paid From 3116/99 to 3/31199
Warrant No. Vendor Amount Description
18164 General Binding Corporation 240.51 Printing
18165 GTE California 5,532.83 Telephone Services
18168 Geomatdx Consultants 10,516.80 Legal Services
18167 Giedich-Mitchell, Inc. 17,550.16 Pump Supplies
18168 Goldenwest Window Service 1,798.00 Window Cleaning Service
18169 WW Grainger, Inc. 701.67 Compressor Supplies
18170 Graphic Controls 133.61 Once Supplies
18171 Graphic Design Book Club 22.92 Books
18172 Graphic Distributors 167.83 Photographic Supplies
18173 Graphic Intelligence Agency 179.00 Registration
18174 Graseby STI 6.788.36 Engine Supplies
18176 Great American Printing Co. 138.44 Printing Service
18176 Hach Company 58.61 Lab Supplies
18177 Hanna Instruments 401.51 Instrument Supplies
18178 Harold Primrose Ice 96.00 Ice
18179 Harrington Industrial Plastics, Inc. 609.08 Plumbing Supplies
18180 Herb's Blackforast Bakery 8 Deli 146.12 Catering Services
18181 Hilli 1.709.96 Tools
18182 Home Depot 1,510.79 Small Hardware
18183 Hub Auto Supply 282.58 Truck Parts
18184 HB Digital Arts 8 HB Blueprint 51.72 Printing Service
18185 Imaging Plus, Inc. 1,014.99 Office Supplies
18186 Inorganic Ventures, Inc. 594.76 Lab Supplies
18187 Interstate Battery Systems 321.90 Batteries
18188 IBM Corporation 6,399.37 Service Contract
18189 IOMA's Pay for Performance Report 217.95 Publication
18190 Airgas Direct Ind-IPCO Safety Div. 200.27 Safely Supplies
18191 J.G.Tucker and Son, Inc. 1,033.74 Instrument Supplies
18192 Jamison Engineering, Inc. 6,538.18 Misc.Construction Services
16193 Jay's Catering 500.28 Catering Services
18194 Johnstone Supply 16.03 Electrical Supplies
18195 K.P. Lindstrom 7,094.00 Envir.Consulting Services MO 12-9-90
18196 Kemkon Pacific,Inc. 23,448.35 Ferric Chloride MO 9-27-95
18197 Kewaunee Scientific Corporation 2.621.93 Electronic Workstation
18198 Knox Industrial Supplies 1,858.38 Tools
18199 KADY International 2,500.00 Electrical Equipment Rental
18200 KTA-TATOR, Inc. 3.535.00 Maint.Consulting Service
18201 Lab Support 2,880.00 Temporary Employment Services
18202 LaserAll Corporation 75.00 Service Agreement
Page 4 of 16
Claims Paid From 3MGM9 to 3/31199
Warrant No. Vendor Amount Description
18242 P.L. Hawn Company, Inc. 341.50 Electrical Supplies
18243 Pacific Bell 17.38 Telephone Services
18244 Pacific Bell Internet Services 1,151.50 Internet Services
18245 Pacific Mechanical Supply 750.11 Plumbing Supplies
18246 Pagenet 1.713.94 Rental Equipment
18247 Parkhouse Tire Co. 391.27 Tires
18248 Parts Unlimited 1,184.00 Truck Supplies
18249 Paul-Munroe Enertech 65.75 Electrical Supplies
18250 Pave West 4,485.80 Construction P1-40-3
18251 Peak Technologies 1,542.36 Lab Supplies
18252 Perkin-Elmer Corp. 9,359.33 Lab Supplies
18253 Perm Animal Supplies 117.43 Lab Supplies
10254 Polydyne, Inc. 14.229.08 Cationic Polymer MO 3-11-92
18255 Ponlon Industries 2,907.63 Instrument Supplies
18256 Power Systems Testing Company 1,250.00 Electrical Equipment Testing Services
18257 Presidium, Inc. 2.083.33 Workers Comp. Claims Admin.
18258 Print Management Group, Inc. 2.829.52 Printing Services
18259 Putzmeister 170.19 Pump Supplies
18260 Radian International 15,200.00 Professional Services-Emission Testing
18261 Remedy Temp 5.035.13 Temporary Employment Services
18262 RBF Engineers 10,200.00 Engineering Services 2-24-1
18263 Royce Multimedia, Inc. 282.84 Video Production Service
18264 RM Controls 49.72 Instrument Supplies
18265 RMS Engineering 3 Design, Inc. 600.00 Engineering Services-Design Documents
18266 RPM Electric Motors 2.770.55 Electric Motor Repair
18267 Santa Fe Industrial Products, Inc. 1,019.75 Mechanical Supplies
18268 Saratoga Institute 913.18 Publication
18269 Sceptre Advanced Business Solutions 3.715.20 Software Maint.Agreement
18270 Scott Specialty Gases, Inc. 813.22 Specialty Gases
18271 Seagate Software 4.500.00 Software Onsite Training
18272 Second-Sun 1.212.69 Light Fixtures
18273 Shamrock Supply Co., Inc. 268.02 Tools
18274 Shureluck Sales 8 Engineering 1.132.82 Tools/Hardware
18275 Smith Pipe 8 Supply, Inc. 130.24 Plumbing Supplies
18276 So.Cal. Gas Company 14,841.08 Natural Gas
18277 Sparklefts 1,871.79 Drinking Water/Cooler Rentals
18278 Special Plastic Systems, Inc. 2,764.83 Accumulators
18279 Specialty Solutions 800.00 Computer Consulting Services
18280 Sprint 47.39 Long Distance Telephone Service
Page 6 of 16
Claims Paid From 3116199 to 3/31/99
Warrant No. Vendor Amount Description
18320 Blake Anderson 606.13 Meeting Expense Reimb.
18321 Nicholas J.Amontes 299.89 Training Expense Reimb.
18322 Robert M. Bell 115.50 Training Expense Reimb.
18323 James Cong 621.64 Training Expense Reimb.
18324 Douglas t.Cock 738.85 Meeting Expense Reimb.
18325 Michael D.White 415.65 Meeting Expense Reimb.
18326 Charles F.Wnsor 1,602.01 Meeling Expense Reimb.
18327 County of Orange 870.00 Sewer Service Fees Admin.
18328 Todd A. May 2.489.08 Employee Computer Loan Program
18329 Orange County Sanitation District 11.997.80 Worker's Comp. Reimb.
18330 Orange County Sanitation District 1.219.73 Petty Cash Reimb.
18331 Todd Jacobson and Best Buy 2,655.09 Employee Computer Loan Program
18332 Orange County Sanitation District 407,166.26 Payroll EFT Reimbursement
18333 Abesco 184.39 Hardware
18334 Assoc. of Metro. Sewerage Agencies 550.00 Registration
18335 ASTD Publishing Service 61.90 Publication
18336 Bailey,Fisher&Porter Company 2.020.00 Electrical Equipment Maint.
18337 Court Order 455.15 Wage Garnishment
18338 Boyle Engineering Corporation 828.00 Engineering Services-Computer Assisted Design&Drafting Sid. Manual
18339 Brithinee Electric 307.44 Electrical Supplies
18340 Cal Protection 448.24 Electrical Services
18341 California Municipal Treasurers Assoc. 100.00 Membership
18342 Court Order 581.00 Wage Garnishment
18343 CompEd Solutions 1,185.00 Registration
18344 Compusa, Inc. 330.00 Computer Software
18345 Consolidated Elect.Distributors, Inc. 3.726.55 Electrical Supplies
18346 Consumers Pipe&Supply Co. 8.72 Plumbing Supplies
18347 Court Trustee 572.50 Wage Garnishment
18348 CASA 290.00 Conference Registration
18349 Court Order 611.07 Wage Garnishment
18350 Enlightened Leadership International 299.00 Seminar Registration
18351 Environmental Resource Association 1 ERA 912.40 Lab Services
18352 Franchise Tax Board 337.82 Wage Garnishment
18353 Friend of the Court 339.50 Wage Garnishment
18354 GarraB-Callahan Company 655.12 Chemicals
18355 Hyatt Regency Capitol Park 140.00 Registration
18356 Industrial Threaded Products, Inc. 16.50 Mechanical Parts&Supplies
18357 Internal Revenue Service 125.00 Wage Garnishment
18358 Intl Union of Oper Eng AFL-CIO Local 501 1,817.37 Dues Deduction
Page 8 of 16 ^^
Claims Paid From 3116199 to 3131199 c
Warrant No. Vendor Amount Description
18398 Southern California Edison 52.928.98 Power
18399 Tule RanchlMagan Farms 57,960.44 Residuals Removal MO 3-29-95
18400 Western States Chemical, Inc. 29,903.58 Caustic Soda MO 8-23-95
18401 Woodruff, Spradlin&Smart 98.141 Legal Services MO 7.26-95
18402 Advanco Constructors, Inc. 38,000.00 Construction P2-35-5&J34-1
18403 Advanco Constructors, Inc. 209,388.60 Construction 5-41-1
18404 Fleming Engineering, Inc. 115,901.00 Construction 7-17
18405 Mike Pdich&Sons 390,795.00 Construction 6-12
18406 A T&T Corporation 0.62 Long Distance Telephone Services
18407 A T&T Corporation 1,801.53 Long Distance Telephone Services
18408 A T&T Corporation 10.38 Long Distance Telephone Services
18409 A T&T Corporation 415.18 Long Distance Telephone Services
18410 A-Plus Systems 4,165.88 Notices&Ads
18411 Advanced Engine Tech Corp. 169.60 Engine Testing J-19
18412 Air Duct Cleaning Company 4,299.00 Air Duct Cleaning Services
18413 Air Products&Chemicals 22,894.98 0&M Agreement Oxy Gen Sys MO 8-8-89
18414 Airborne Express 10.75 Air Freight
18415 Alliance for Marine Remote Sensing Assoc. 13.95 Subscription
18416 Allied Supply Company 3.788.03 Mechanical Parts&Supplies
18417 American Airlines 5.517.40 Travel Services
18418 American Banker Newsletters 1.131.38 Subscription
18419 American Seals West 167.01 Gaskets
18420 Anchor Paving 6,600.00 Raise Manholes
18421 Appleone Employment Service 4,750.92 Temporary Employment Services
18422 Applied Industrial Technology 12.46 Electrical Parts& Supplies
18423 Arizona Instrument-Jerome Division 1.287.90 Instrument Supplies
18424 Armor Vac Sweeping Service 1,079.00 Vacuum Truck Services
18425 Art's Disposal Service, Inc. 620.80 Waste Removal
18428 Asbury Environmental Services 220.00 Waste Oil Removal
18427 Ashme 499.00 Publication
18428 Atlantis Pool Care 235.00 Service Agreement
18429 Awards&Trophies By Bea 24.57 Plaques
19430 ASM 415.00 Registration
18431 Barnes& Noble Books 172.20 Publication
18432 Battery Specialties 331.83 Batteries
18433 Ben Franklin Crafts(Bobeft Crafts) 193.95 Office Supplies
18434 Ben Meadows Company, Inc. 28.85 Lab Supplies
18435 BioSource Solutions, Inc. 8,016.90 Consulting Servicce-Biosolids&Watershed
18436 Black&Veatch 1,893A8 Engineering Services Pl46&P2-55
Page 10 of 16
Claims Paid From 3/16/99 to 3131199
Warrant No. Vendor Amount Description
18476 Del Mar Analytical 1,180.00 Biosolids Analysis
18477 DeZurik C/O Misco/SouthWest 1,223.15 Valves
18478 Dover Elevator Company 1,586.10 Elevator Maintenance
18479 DGA Consultants, Inc. 7,849.78 Surveying Services MO 6-8-94
18480 E&A Environmental Consultants 604.38 Professional Service-Wheeler Ridge Site
18481 EBMUD-Activity 7945,Job#29510 16,948.74 Professional Service-Multi-Agency Benchmarking Study
18482 Electra-Bond 4,013.69 Mechanical Supplies
18483 Enchanter, Inc. 3.500.00 Ocean Monitoring MO 5-24-95
18484 Environmental Data Solutions Groups, L.L.C. 6,000.00 Professional Services-Air Quality Info. Mgmt. Sys. Implementation Project
18485 Wondvride Services Group Logistics Ctr. 186.02 Publication
18486 ESP Industries,Inc. 102.47 Mechanical Supplies
10487 Federal Express Corp. 132.80 Air Freight
18488 Fisher Scientific Company, L.L.C. 161.71 Lab Supplies
18489 Flat and Vertical, Inc. 269.00 Concrete Cutting
18490 Flickinger Co 739.40 Valve
18491 Flo-Systems, Inc. 2,184.95 Pump Supplies
18492 Fonts Benefits Insurance Company 18,294.19 Long Tenn Disability Ins. Premium
18493 Fountain Valley Camera 27.48 Photo Supplies
16494 Foxboro Co. 50.00 Publications
18495 Fry's Electronics 997.47 Computer Supplies
18496 City of Fullerton 95.75 Water Use
18497 FST Sand and Gravel,Inc. 278.76 Road Base Materials
18498 GTE California 904.83 Telephone Services
18499 Global Engineering&Management 8,800.00 Consulting Services-Reinvention
18500 WW Grainger,Inc. 161.60 Compressor Supplies
18501 Greseby STI 296.41 Engine Supplies
18502 Graybar Electric Company 327.77 Electrical Supplies
18503 Great American Printing Co. 433.73 Printing Service
18504 Great Western Sanitary Supplies 400.57 Janitorial Supplies
18505 Harold Primrose Ice 48.00 Ice
18506 Harrington Industrial Plastics, Inc. 93.27 Plumbing Supplies
18507 Herb's Blackforest Bakery&Deli 225.15 Catering Services
18508 Hev4eti-Packard 397.60 Lab Supplies
18509 Hill, Inc. 137.02 Tools
18510 Hilton,Famkopf&Hobson, L.L.C. 3,780.00 Consulting Services-Office Support Study
18511 Hoerbiger Service, Inc. 267.42 Compressor Parts
18512 Holiday Inn 60.00 Registration
18613 The Holman Group 1,455.60 Employee Assistance Program Premium
18514 Holmes&Newer, Inc. 21.868.24 Engineering Services 2.41
Page 12 of 16 "�
Claims Paid From 31IW99 to 3/31199
Warrant No. Vendor Amount Description
18554 Mitchell Instrument Co. 726.00 Instruments
18555 MotoPhoto 63.11 Photographic Services
18556 National Academy Press 68.17 Publication
18557 National Technology Transfer, Inc. 3.00 Registration Unpaid Balance
18558 Neal Supply Co. 820.96 Plumbing Supplies
18559 New Horizons Computer Learning Center 800.00 Software Training Classes
18560 The Norco Companies 119.00 Mail Delivery Service
18561 NorCal SETAC 155.00 Registration
18562 O6ice Depot Business Services Div. 2.219.03 Office Supplies
18563 Interior Resources and/or 06 Pavilion 500.00 Office Furniture
18564 Orange County Forum 30.00 Registration
18565 Orange County Wholesale Electric, Inc. 2,936.02 Electrical Supplies
18566 Oxygen Service Company 1,027.63 Specialty Gases
18567 OCB Reprographics 3.875.05 Printing Service-Spec P-173
18568 Pacific Bell 1,185.54 Telephone Services
18569 Pacific Mechanical Supply 1,796.91 Plumbing Supplies
18570 Parkhouse Tire Co. 1,203.62 Tires
18571 Pima Gro Systems, Inc. 7,538.00 Residuals Removal MO 3-29-95
18572 Potydyne, Inc. 23,301.80 Ca0onic Polymer MO 3-11-92
18573 Postmaster General 550.00 Post Office Box Rental
18574 Power Pumps, Inc. 295.15 Pump Supplies
18575 Pumping Solutions, Inc. 2.745.83 Mechanical Supplies
18576 PSB Industries 271.37 Electrial Supplies
18577 R 8 R Instrumentation, Inc. 363.70 Instrument Supplies
18578 Rainbow Disposal Co., Inc. 2,324.52 Trash Removal
18579 Rapport Leadership International 1,420.00 Registration
18580 Reliastar 8.016.00 Life Insurance Premium
18581 Reliastar Bankers Security Life Ins. 5,164.06 Life Insurance Premium
18582 Remedy Temp 3,773.62 Temporary Employment Services
18583 Richardson Engineering Services, Inc. 1,197.00 Training Registration
18584 RBF Engineers 7,000.00 Engineering Services 2-24-1
18585 Ronan Engineering Co. 206.42 Electrical Supplies
18588 RPM Electric Motors 2,747.32 Electric Motor Repair
18587 Safelite Glass Corp. 162.35 Auto Supplies
18588 Safety-Kleen 409.99 Service Agreement
18589 Santa Fe Industrial Products, Inc. 53.22 Mechanical Supplies
18590 Scott Specialty Gases, Inc. 2,254.72 Specialty Gases
18591 Sea-Bird Electronics, Inc. 335.00 Lab Repairs
18592 Sears Industrial Sales 987.22 Mechanical Supplies
Page 14 of 16
Claims Paid From 3116199 to 3131199
Warrant No. Vendor Amount Description
18632 Olsson Construction, Inc. 5.152.40 Construction P2-39-1
18633 Bradley H.Cagle 457.72 Meeting Expense Reimb.
18634 Michael J.Chester 250.00 Training Expense
18635 Danny S. Evangelista 2,323.68 Training Expense Reimb.
18636 Canh 0.Nguyen 905.55 Training Expense Reimb.
18637 Robert Ooten 1.175.18 Meeting Expense Reimb.
18638 Robert Ortega 8 Micro Center 1,081.23 Employee Computer Loan Program
18639 Andrew J. Rozenstraten 830.55 Training Expense Reimb.
18640 Municipal Treasurers'Association 175.00 Membership
18641 Orange County Sanitation District 1,111.69 Petty Cash Reimb.
Total Accounts Payable-Warrants $ 5,549,954.75
Payroll Disbursements
13363-13502 Employee Paychecks $ 185,358.97 Biweekly Payroll 3/24199
13503-13518 Employee Paychecks 164,907.32 Termination&Voided Paychecks
35979-36423 Direct Deposit Statements 649,053.24 Biweekly Payroll 3/24/99
Total Payroll Disbursements $ 999,319.53
Total Claims Paid 3/16/99-3/31199 $ 6.549.274.28
Page 16 of 16 ^
STEERING COMMITTEE Meeting Date To Bd.ar Dlr.
O6/26/99 O6/23/99
AGENDA REPORT Item Number ttem Number
Orange County Sanitation District
FROM: Donald F. McIntyre, General Manager
Originator: Delegation of Authority Committee (Marc Dubois,
Contracts/Purchasing Manager, Doug Stewart, Engineering Manager, Ed
Torres, Air Quality Control Manager, Michael D. White, Controller)
SUBJECT:
PURCHASING RESOLUTION AND DELEGATION OF AUTHORITY (DOA)
GENERAL MANAGER'S RECOMMENDATION
That the Board 1) Adopt Resolution No. OCSD 99-XX, Establishing Policies and
Procedures For The Award of Purchasing Orders and Contracts, Award of Public Works
Project Contracts, Award of Professional Services Contracts, and Delegation of
Authority to Implement Said Policies and Procedures, and 2) Repeal Resolution Nos.
OCSD 98-8, OCSD 98-12, OCSD 98-22, and OCSD 98-43 regarding prior Delegation
Of Authority practices, policies and procedures.
SUMMARY
In July 1998, the Board of Directors adopted Resolution Nos. OCSD 98-8, OCSD 98-12,
OCSD 98-22, and OCSD 98-43 establishing policies and procedures for the award of
purchase orders and contracts, award of public works contracts, award of professional
services agreements, and delegation of authority to implement said policies and
procedures. Proposed Resolution OCSD 99-XX is to consolidate these previously
approved Resolutions into one compact resolution and Repeal Resolutions OCSD 98-8,
OCSD 98-12, OCSD 98-22, and OCSD 98-43.
A committee comprised of division managers was formed to review and recommend
changes to existing policies and procedures related to delegation of authority. The work
of this committee resulted in the passage of several independent Board Resolutions in
FY 1997-98 related to delegated authority from the Board. The directives in these
resolutions ranged from contracts and purchasing to construction contract change
orders.
In conjunction with the consolidation of the Districts in July 1998, General Counsel
recommended adoption of Resolutions OCSD 98-8, OCSD 98-12, OCSD 98-22, and
OCSD 98-43 to replace these earlier Resolutions. General Counsel and the Delegation
of Authority Committee (DOA Committee) have since been asked to revisit these
resolutions and consolidate them into one compact resolution related to the entire
spectrum of delegated authority from the Board to Board Committees and staff. The
DOA Committee and General Counsel have collaborated and are requesting approval
of the attached resolution. Staff has reviewed the four resolutions to be combined,
x wy.wvn�amvmaewi..:,a cenmm»mon.oaaa min
RaNseE'. Page 1
suggested changes to remove inconsistencies created in the merging of the documents,
and suggested changes in the levels of delegated authority to gain consistency across
the organization. The details are discussed in the Additional Information section of this
Agenda Report.
PROJECT/CONTRACT COST SUMMARY
Not Applicable.
BUDGETIMPACT
❑ This item has been budgeted. (Line item: )
❑ This item has been budgeted, but there are insufficient funds.
❑ This item has not been budgeted.
® Not applicable (information item)
ADDITIONAL INFORMATION
Resolution OCSD 98-8 deals primarily with the award of professional service
agreements, the selection of consultants, and the ratification of construction contract
change orders. The DOA committee compared the delegated approval levels for
professional service agreements and construction contract change orders with the
delegated approval levels for all other service type contracts and found a disparity
across the organization. Under the Delegation of Authority Resolution, OCSD 98-12,
the General Manager is delegated up to $100,000 of authority for approval of service
contracts and purchase orders. Under Resolution OCSD 98-8, however, the General
Manager is delegated up to $50,000 for approval of professional service agreements
and construction contract change orders. Staff is requesting a change in the delegated
authority to achieve consistency with the General Managers authority and to provide
flexibility across the organization.
The increase in the General Manager's authority and the additional flexibility provided to
staff will save the District time in getting projects approved, lessen the workload
submitted to the Board and Committees, and provide more time for the Directors to
focus on the "bigger picture" projects.
Table 1 on the following page shows a summary of the existing levels of delegated
authority and the requested new levels.
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Table 1
Summary of Changes to Financial Approval Levels
Delegated Area Current Delegation Proposed Justification
Delegation
General Manager Up to$25,000 per Up to $100,000 total Maintain consistency with
authority for PSA's and original agreement for PSA , including GM's authority for services,
addenda and up to $25,000 all addenda equipment and materials
additional per each
addendum, NTE
$50,000 total for all
addenda
Director of Engineering Up to $50,000 per Up to $50,000 per Maintain consistency with
authority for small each task order, no each task order and GM's authority for services,
project task orders and authority for up to $50.000 each equipment and materials
addenda addenda addendum with a
total not to exceed
$100,000, including
all addenda
General Manager Up to $25,000 per Up to$100,000 for Maintain consistency with
authority for Public original contract and total of original GM's authority for services,
Works Contract and up to $50,000 contract and all equipment and materials
Change Orders (additions only) per change orders
each additional (additions only). In
change order. In no no case may
case may change change order total
order total exceed exceed 5% or
5%, or$100,000, $100,000, which-
whichever is less, of ever is less, of total
total contract contract
Board Committee's Up to $50,000 per Up to $200,000 total Consistency with Board
authority for PSA's and original agreement for PSA, including Committee's current delegated
Addenda and up $50,000 per all addenda authority of 2x the GM's
each addenda, NTE authority
$100,000 total
additional
Board Committee's Up to$50,000 per Up to $200,000 for Consistency with Board
authority for Public original contract and total of original Committee's current delegated
Works Contract and Up to $100,000 contract and all authority of 2x the GM's
Change Orders (additions only) per change authority
each additional orders(additions
change order. In no only). In no case
case may change may change order
order total exceed total exceed 10%or
10%or$200,000, $200,000,
whichever is less, of whichever is less, of
total contract total contrail
Board Over$50,000 on Over$200,000 on Time savings due to the
original and over original and over reduction in the volume of
$200,000, or 10%, $200,000, or 10%, small projects that would have
whichever is less, whichever is less, to be reviewed by the Board
on change orders on change orders
MMy.aMe,]20nttlA5man0 LmnmuealDW gmgaMM
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PSA, or Professional Service Agreement, as used in Table 1 on the preceding page,
and in Table 2 below, is limited to fines providing engineering, architecture,
environmental, land surveying, construction management services and related services.
Table 2 provides for three additional changes that are being requested by staff.
Table 2
Changes to Policy and Administrative Issues
Description Change Justification
Professional Services Allow General Manager to Reduces administrative
Agreements for small extend agreement period burden on Engineering and
capital projects for two additional years Purchasing Departments to
solicit interest from firms
and establish contracts
Travel associated with Include Mexico along with Likely incidence of travel to
meetings and training Canada (already approved Mexico
by Board) as Board-
approved destination for
out-of-country travel.
Delegated authorities within Allow General Manager and Varying levels of authority
Departments Department Heads for purchasing required by
authority to establish individual departments
purchasing authority within
organizational structure
Staff has had one year of experience with the small capital projects consultant
contracts. Eighteen task orders were issued under this program, saving an average of
2.5 months on each task order, compared with obtaining Board approval of a separate
contract for each project. This delegated authority has been key in alleviating a backlog
of projects that had built up over several years. At the end of the contract period, each
of the consultants was asked if they would extend this year's rates for an additional
year. All agreed to extend the contract terms for an additional year. Eliminating an
entire RFP and consultant selection process on an annual basis would save staff about
350 hours per year, or 0.17 full time equivalent staffing effort, and allow the District to
lock in favorable consulting rates for a two year period.
In order to be effective, purchasing authority must be delegated into the organization.
Prior attempts to delineate this authority were accomplished by the use of position
classifications, i.e. Foreman. However, the various Departments and Divisions are
organized and structured differently, and these classification delegations were not
practical throughout the entire agency. Allowing each Department Head the ability to
establish separate authority levels for purchases under$10,000 will provide the
organization with the ability to manage more efficiently and effectively in the future.
ALTERNATIVES
Maintain the existing delegation of authority levels and separate purchasing resolutions.
H:"..M VOMWN,OeL wM CmnmA WMp 0Wt
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CEQA FINDINGS
Not Applicable.
ATTACHMENTS
Resolution No. OCSD 99-XX.
H:� dWVuramwwG%SW*"cvommrmonag m• m
R. aaaee Page 5
RESOLUTION NO. OCSD 99-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
ORANGE COUNTY SANITATION DISTRICT
ESTABLISHING POLICIES AND PROCEDURES FOR THE
AWARD OF PURCHASING ORDERS AND CONTRACTS;
AWARD OF PUBLIC WORKS PROJECT CONTRACTS;
AWARD OF PROFESSIONAL SERVICES CONTRACTS;
AND DELEGATION OF AUTHORITY TO IMPLEMENT SAID
POLICIES AND PROCEDURES; AND REPEALING
RESOLUTIONS NOS. OCSD 98-8, OCSD 98-12, OCSD 98-
22, AND OCSD 98-43
TABLE OF CONTENTS
ARTICLE I: RECITAL OF FINDINGS
Section 1.01 Findings - Declaration of Intent.
ARTICLE II: DELEGATION OF AUTHORITY
Section 2.01 Purpose and Scope.
Section 2.02 Authorizing General Manager to Establish Rules and
Guidelines.
Section 2.03 Procedure for Delegation of Authority.
ARTICLE III: PURCHASING SYSTEMS RE SUPPLIES, EQUIPMENT AND
SERVICES
Section 3.01 Purpose and Scope.
Section 3.02 Purchasing System Adoption.
Section 3.03 Purchasing Division Delegated Authority.
Section 3.04 Requisitions.
Section 3.05 Cooperative Procurement.
Section 3.06 Purchases: Bidding Requirements.
Section 3.07 Purchases: Emergency.
TLW Draft No. 12:OS119M.#103185
1
Section 3.08 Purchases: Standardized Prices and Specialized
Services,
Section 3.09 Purchase Orders.
Section 3.10 Purchases: Encumbrances of Funds.
Section 3.11 Blanket Purchase Orders.
Section 3.12 Bidding Procedure: Purchases Greater Than
$50,000.00.
Section 3.13 Purchases Between $50,000.00 and $100,000.00.
Section 3.14 Bidding Procedure: Purchases Less Than
$50,000.00.
Section 3.15 Bidding Procedure: Purchases Less Than $5,000.00.
Section 3.16 Inspection and Testing.
Section 3.17 Purchases: Negotiated Contracts.
Section 3.18 Surplus Supplies, Materials, and Equipment.
Section 3.19 Sale of Real Property.
Section 3.20 Recordkeeping.
ARTICLE IV: PROFESSIONAL SERVICES CONTRACTS
Section 4.01 Purpose and Scope.
Section 4.02 Retention of Professional Technical Consultants.
Section 4.03 Small Capital Project— Defined.
Section 4.04 Small Capital Project: Approval of Plans and
Specifications.
Section 4.05 Small Capital Project: Annual Budget Approval.
TLW Dre No. 12.05119M9 103185
2
Section 4.06 Small Capital Project: Selection of Consultants—
Procedure.
Section 4.07 Major Capital Project: Defined.
Section 4.08 Major Capital Project: Scope of Work.
Section 4.09 Major Capital Project: Selection of Consultants —
Procedure.
Section 4.10 Major Capital Project: Award of Professional Services
Agreements.
Section 4.11 Major Capital Project: Approval of Plans and
Specifications.
ARTICLE V: PUBLIC WORKS CONTRACTS
Section 5.01 Purpose and Scope.
Section 5.02 Public Works: Bidding Required.
Section 5.03 Bidding Procedure: Public Works Construction
Greater Than $35,000.00.
Section 5.04 Approval of Change Orders to Construction
Agreements.
ARTICLE VI: MEETINGS (AND RELATED TRAVEL) AND TRAINING
(AND RELATED TRAVEL) EXPENDITURES
Section 6.01 Purpose and Scope.
Section 6.02 General.
Section 6.03 Policies and Procedures.
ARTICLE VII: MISCELLANEOUS
Section 7.01 Noncompliance.
Section 7.02 Severability.
Section 7.03 Effective Date.
Section 7.04 Repeal of Prior Resolutions.
TLW Dm9 No. 12.0519W*lM185
3
ARTICLE I
RECITAL OF FINDINGS
Section 1.01: Findings - Declaration of Intent.
A. California Government Code Section 54202 requires that every
local agency shall adopt policies and procedures, including bidding regulations,
governing purchases of supplies, services, and equipment, and that purchases of
supplies, services, and equipment by the local agency shall be in accordance with said
duly adopted policies.
B. California Government Code Section 54204 requires that if the
local agency is other than a city, county, or city and county, policies provided for in
Section 54202 of said Code shall be adopted by means of a written rule or regulation,
copies of which shall be available for public distribution.
C. In order to establish efficient procedures for the purchase of
supplies, services, and equipment, and the letting of public works contracts at the best
possible cost commensurate with quality and delivery needs, together with other
relevant factors, to exercise positive financial control over purchases, to clearly define
authority for the purchasing function, and to establish bidding procedures, a purchasing
system for the District, beyond what is required by said Sections of the Government
Code, is desirable and in the best public interest.
D. An effective, comprehensive organization needs an administrative
structure with support procedures that are logical, efficient, well-documented, are
understood by the organization's employees and members of the public, and that
enable timely and responsive administrative acquisition of materials, supplies, and
services. The organization should also appropriately delegate authority to those
persons and units having responsibility for these activities.
E. The Board of Directors has determined that a delegation of
authority structure provides for better training of employees which will result in
improved efficiency and effectiveness of the District's operations.
ARTICLE II
DELEGATION OF AUTHORITY
Section 2.01: Purpose and Scope. In an effort to remove barriers that
prevent District employees from performing their jobs at the highest level of efficiency,
a delegation of authority structure will appropriately train the employees, and by
providing increased responsibility and ownership, will contribute to the improved
TLW Draft No.12:05119MI103185
4
efficiency and effectiveness of the District.
Section 2.02: Authorizing General Manager to Establish Rules and
Guidelines. The General Manager of the District is hereby authorized to establish rules
and guidelines to implement Board policies and to delegate to Staff signature authority
to initiate and execute contracts or purchase orders to acquire services, including
professional services, supplies, and materials, and public works project contracts, all as
more particularly specified in Articles III through VI.
Section 2.03: Procedure for Delegation of Authority. The following
provisions establish delegated signature authority for contracts and purchase orders for
the acquisition of supplies, services, materials, equipment, and professional services.
The delegated authority for each functional management level will be established one
level higher in the absence of specifically identified authority. The General Manager's
authority is delegated to the Assistant General Manager ("AGM") in the General
Manager's absence.
These procedures establish the framework and boundaries within which a
delegatee can operate, and also provide Management with a mechanism to evaluate
implementation and hold the delegatee accountable for his/her actions.
Upon delegation of authority by the General Manager, each Department shall be
authorized to further delegate to respective employees within the Department. The
delegation shall be effective upon the Department Head setting forth, in writing, the
name of the delegated employee, his/her job position, and specific level of delegated
authority designated as Level A, B, or C, respectively, and filing it with the
Contracts/Purchasing Manager. The General Manager shall establish procedures to
implement further delegated authority into the organization.
For contracts and purchase orders for the acquisition of supplies, materials,
equipment, and services (excluding public works contracts governed by State law and
professional services agreements), the following signature authority is hereby
established. The functional authority level listed describes the highest level of
signature approval needed. Intermediate management approval between the
initiator/requestor and listed approval level must also be obtained.
A. Approval Levels
All items above $100,000.00 are to be approved by the Board prior to
purchase, with the exception of emergency items, pursuant to Section 3.13. All items
between $50,000.00 and $100,000.00 are reviewed and approved by the General
Manager prior to purchase, and reported to the Board of Directors on a quarterly basis.
All items below$50,000.00 are approved pursuant to the following delegation of
authority:
TLW Dre8 No.12:08n999:p103185
5
1. Items exceeding $100,000 require Board of Directors approval,
unless previously authorized by the Board for items identified in the
annual District budget.
2. Items $50,000 to $99,999 require General Manager
or Assistant General Manager approval.
3. Items $25,000 to $49,999 require Department Director approval.
4. Items $10,000 to $24,999 require Division Manager approval.
5. Items $5,000 to $9,999 require Level A approval.
6. Items $2,000 to $4,999 require Level B approval.
7. Items less than $2,000 require Level C approval.
B. Co-Signatures. In addition to the signature of the Delegated Authority:
1. To ensure that all policies and procedures governing purchase
orders and contracts are followed, all contracts or purchase orders
will be signed by the Contracts/Purchasing Manager, or his
designee.
2. All purchases for computer hardware, software, and communication
equipment will be pre-approved by the Information Technology
Director, or his designee.
C. Procedural Requirements. All policies and procedures adopted by the
Board of Directors or promulgated by the General Manager governing the procurement
of services, equipment, or supplies will apply, and shall be complied with.
Budgeted funds must be available prior to the acquisition of goods or
services. Upon the identification of goods or services needed that are not originally
budgeted, either a budget transfer request form must be completed demonstrating that
adequate funds are available to cover the acquisition, or the Board of Directors must
authorize a budget amendment, at which time, the item being acquired would fall into
the budgeted category.
TLW Draft No.12:OsigM11031M
6
ARTICLE III
PURCHASING SYSTEM RE SUPPLIES
SERVICES. EQUIPMENT, AND MATERIALS
Section 3.01: Purpose and Scone. In order to establish efficient
procedures for the purchase of supplies, services, materials and equipment, and the
letting of public works contracts at the best possible cost commensurate with quality
and delivery needs and other relevant factors; to exercise positive financial control over
purchases; to clearly define authority for the purchasing function; to establish bidding
procedures, pursuant to Section 54202 of the Government Code of the State of
California, a purchasing system is deemed necessary.
Section 3.02: Purchasing System Adootion. The procedures and authority
set forth in this Resolution are intended to operate in concert with and supplemental to
the delegation of authority granted by the governing Board of Directors in the adoption
of this Resolution. Full compliance with the provisions of all Articles in this Resolution
is required.
Section 3.03: Purchasing Division Delegated Authoriri. There is hereby
vested in the Purchasing Division (hereinafter referred to as"Purchasing"), under the
general supervision and direction of the Director of Finance, the authority for the
purchase of supplies, services, materials, and equipment, letting of public works
contracts and establishment of rules, procedures and administrative policies relative
thereto. The Director of Finance may delegate or assign any or all of the following
duties to the Contracts/Purchasing Manager:
A. To purchase or contract for supplies, services, materials, and
equipment required by any Department or Division, in accordance with purchasing
procedures prescribed by this Resolution; such administrative regulations as
Purchasing shall adopt for the internal management and operation of Purchasing; and
such other rules and regulations as shall be adopted by the Board of Directors.
B. To negotiate and recommend execution of contracts for the
purchase of supplies, services, materials, and equipment; for construction of public
works projects; and for the disposition of surplus property and by-products of the
sewage treatment process.
C. To submit to General Counsel for review or approval, as
necessary, all contracts, purchase orders, and other related documents, the original
executed copies of which shall be delivered to the Board Secretary for custodianship.
TLW D2fl No. 12:05I19FJ 1103185
7
D. To prepare for the District, the needed standards and
specifications of quality in supplies, services, materials, equipment, and construction at
the best cost and under the most favorable conditions, with due consideration to
delivery and other relevant factors.
E. To discourage uniform bidding and endeavor to obtain as full and
open competition as possible on all purchases and sales.
F. To prepare rules, regulations, procedures, and administrative
policies, and revisions thereto, governing the purchase of supplies, services, materials,
and equipment; for the letting of public works construction contracts in accordance with
the provisions of state law; and disposition of surplus property and by-products.
G. To prepare rules, regulations, procedures, and administrative
policies, and revisions thereto, governing the warehousing of inventories.
H. To keep informed of current developments in the field of
purchasing, including but not limited to prices, market conditions and new products.
I. To prescribe and maintain such forms as reasonably necessary to
the implementation of this Resolution and other rules and regulations of the District.
J. To develop specifications to establish minimum standards for all
purchases.
K. To supervise the inspection of all supplies, services, materials, and
equipment purchases to insure conformance with specifcations.
L. To provide for transfer of surplus or unused supplies and
equipment between Departments, as needed.
M. To have custodianship and control of all inventories and surplus
property.
N. To maintain a bidders' list, vendors' catalog file, and records
needed for efficient operation of the Purchasing Division.
O. To review, approve, and maintain active insurance documents for
all District procurements.
P. To undertake such other and future duties as, in the Director's
discretion, are incidental and necessary to the conduct of the Division.
TLW Draft No. 12.05I19M9 103105
8
Q. To revise all records to reflect the sale, transfer, or reorganization
of a supplier's business, or a change in the supplier's name for doing business, so
long as all other terms and conditions of the original agreement remain the same. In
such event of an assignment of the purchase order or contract by the supplier, the
District shall not be bound until it has given its consent in writing, which consent shall
not be unreasonably withheld. An amendment to the original agreement shall be
prepared authorizing and consenting to the assignment and shalt be executed by the
General Manager, or his designee, on the District's behalf.
Section 3.04: Requisitions. All employees of the District who need or
require supplies, services, materials, or equipment to carry out the defined duties of
their positions, shall submit requisitions for purchases or warehouse requisitions to
Purchasing, in accordance with the adopted rules, regulations, procedures, and
policies of the Purchasing Division. Usage of the District's procurement cards shall be
exempt from this requirement.
Section 3.05: C000erative Procurement.
A. The District, through Purchasing, may participate in or sponsor,
conduct and/or administer a Cooperative Procurement Agreement for the acquisition of
procured items or services with any other public agency purchasing unit, in accordance
with an agreement between the District and the other public agency.
B. The District, through Purchasing, may sell to, acquire from, or use
any property belonging to another public agency, including the cooperative use of
supplies or services.
C. Participation in the County of Orange Cooperative Purchasing
Program has been expressly authorized by adoption of Board of Directors Resolution
No. OCSD 96-22.
Section 3.06: Purchases: Bidding Requirements. Except as hereinafter
provided, purchasing of supplies, services, materials, or equipment shall be by bid
procedures as set forth in this Article III, when the purchase is estimated to have a
value greater than Five Thousand ($5,000.00) Dollars; the commodities or services
may be obtained from more than one vendor; or are not standardized as to price; and
no emergency exists.
Section 3.07: Purchases: Emergencv. Whenever an emergency arises
which is, or may be a threat to the continued required operations of the wastewater
treatment plants and facilities owned by the Districts, or when purchases are
immediately necessary for the preservation of life or property, or to avoid a threat to the
public health or safety, the Division may purchase supplies, services, materials, or
equipment required for immediate use, in an amount greater than One Hundred
TLW Draft No.12:05I19M,*103195
9
Thousand $100,000.00) Dollars without observing the procedures set forth in this
Resolution. The General Manager or his designee shall advise the District Chair
and/or Vice Chair, as appropriate, of the action taken, and such action shall be ratified
by the Board of Directors at its next regular meeting.
Section 3.08: Purchases: Standardized Prices and Specialized Services.
In the purchases of supplies, services, materials, or equipment in which the items to be
purchased have a demonstrated uniformity in price, or it is determined that there is a
sole source, or the provider of services is determined to be uniquely qualified to
perform specialized services, Purchasing may make such purchases without observing
the bidding procedures of Section 3.12 below.
Section 3.09: Purchase Orders. Purchases of all supplies, services,
materials, or equipment shall be made by purchase order and may also require a
formal written contract, when determined necessary or appropriate by the
Contracts/Purchasing Manager. To ensure that all policies and procedures governing
purchase orders and contracts are followed, all contracts or purchase orders will be
executed by the Contracts/Purchasing Manager, or as delegated by the
Contracts/Purchasing Manager. Purchasing and employees requisitioning supplies
and equipment shall be responsible that purchase orders and requisitions are in
conformity with the spirit and intent of this Resolution and that no purchase has been
broken into smaller units to evade any requirement of this Resolution. Purchasing shall
retain, in its files, one copy of all purchase orders issued during two (2) years
preceding, on which copy of the purchase order, there shall be a list of bidders and
prices bid for the materials or equipment purchased, or if no bids or quotations were
taken or received, a full statement as to the reason therefor.
Section 3.10: Purchases: Encumbrances of Funds. Except in cases of
emergency, no purchase order shall be issued for any supplies, services, materials, or
equipment, unless there exists an unencumbered appropriation balance in the fund
against which said purchase is to be charged.
Section 3.11: Blanket Purchase Orders. The Purchasing Division may
issue annual blanket purchase orders for recurring purchases of miscellaneous
supplies that:
A. Because of economic considerations, the items are not carried in
stock in the District's warehouse;
B. Are stock items that have been designated as appropriate sole
source acquisitions;
C. Purchasing determines it is in the best interests of the District to
competitively bid a blanket order for inventory items; or
TLW Draft No.12:0519W:#103185
10
D. Are for miscellaneous supplies, services, materials and equipment
where such purchase of supplies, services, materials, and equipment may be procured
from a single vendor during the budget year, without observing the procedures
prescribed in Section 3.12 below, when, in its discretion, it is determined that such
blanket purchase orders are at a cost favorable to the District and will result in more
efficient procurement of such items. Blanket purchase orders shall be in conformity
with the spirit and intent of this Resolution. The Purchasing Division shall, at the
beginning of each budget year, file a list of such purchase orders and the estimated
annual amount with the Director of Finance.
Section 3.12: Biddino Procedure: Purchases Greater Than $50,000.00.
A. Award to Lowest Bidder. Except as otherwise provided in this
Article III, purchases of supplies, services, materials, and equipment of estimated value
greater than Fifty Thousand ($50,000.00) Dollars shall be by written contract or
purchase order with the lowest responsive and responsible bidder (unless a Request
for Proposal ("RFP") solicitation instrument is utilized), pursuant to the procedures
prescribed herein.
B. Award Approval. Purchases of supplies, services, materials, and
equipment that have appropriate budgetary approvals shall be bid and awarded directly
by the Contracts/Purchasing Manager, or as delegated by the Contracts/Purchasing
Manager. Supplies, services, materials, and equipment that exceed the budgeted
amount, or effect policy recommendations or ratifications, or are sole source contracts
exceeding $100,000.00, and all public works contracts, shall require Board of Directors'
approval prior to issuance or award of a purchase order or contract.
C. Notice Inviting Bids. The notice inviting bids shall include a
general description of the articles or services to be purchased or sold, shall state where
bid forms and specifications may be secured, and the time and place for opening bids.
1. Published Notice. The notice inviting bids shall set a date
for the opening of bids. The notice shall be published one (1) time at least ten
(10) days before the date for the opening of the bids. Notice shall be published
in a newspaper of general circulation, printed and published within the District's
jurisdiction, or by electronic bulletin board procedures designed to reach the
industry or market of supply.
2. Bidders List. Purchasing may also solicit sealed bids, or
receive bids electronically, from all qualified, responsible prospective suppliers
whose names are on the Bidders List maintained by the District, or who have
requested their names to be added thereto.
TLW Draft No.12 M19Mt103185
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3. Bulletin Boards. Purchasing may also advertise pending
purchases or sales by a notice posted on a public bulletin board in the
Purchasing Division Office, and by electronic bulletin board, as deemed
appropriate by the Contracts/Purchasing Manager.
D. Bidder's Security. When deemed necessary by Purchasing,
bidder's security may be prescribed in the contract specifications or in the public notice
inviting bids. Bidders shall be entitled to the return of bid security upon the full
execution of an awarded contract or issuance of a purchase order, by the successful
bidder. A successful bidder shall forfeit his bid security upon refusal or failure to
execute the contract within the prescribed time after the notice of award of contract has
been delivered to bidder, unless the District is responsible for a delay in the prescribed
time. The Board of Directors may, on refusal or failure of the successful bidder to
execute the contract, award it to the next lowest responsive, responsible bidder. If the
Board of Directors awards the contract to the next lowest bidder, an amount of the
lowest bidder's security equal to the difference between the low bid and the awarded
bid, shall be forfeited to the District, and the surplus, if any, shall be returned to the
lowest bidder.
E. Bid Ooeninc Procedure. Sealed or electronically received bids
shall be submitted to the Contracts/Purchasing Manager and/or Secretary of the Board
of Directors, and shall be identified as a bid on the envelope or the electronic bulletin
board. Bids shall be opened in public by the Contracts/Purchasing Manager, or his
designated representative, at the time and place stated in the public notices. A
tabulation of all bids received shall be open for public inspection during regular
business hours for a period of not less than thirty (30) calendar days after the bid
opening. In cases wherein the Request for Proposal ("RFP") instrument is utilized, all
RFP's will be opened, and only the name of the Proposer shall be read aloud at the
time and place set forth herein.
F. Refection of Bids. In its discretion, the Board of Directors may
reject any and all bids presented and readvertise for bids. If all bids are rejected, the
Board of Directors, by majority vote, may declare that the materials or supplies may be
acquired at a lower cost by negotiation in the open market and authorize the purchase
in that manner.
G. Tie Bids. If two or more bids received are for the same total
amount or unit price, (with quality and service being equal), and if the public interest
will not be best served by a delay of readvertising for bids, the Board of Directors may
accept the one it chooses or accept the lowest bid made by negotiation with the tie
bidders at the time of the award.
TLW Draft No.12:05119199k1031115
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H. Performance Bonds. Purchasing shall have authority to require a
faithful performance bond, a labor and materials bond and/or a warranty bond, before
entering into a contract in an amount as it shall find reasonably necessary to protect
the best interests of the District. If the Purchasing Division requires any of these
bonds, the form and amount of the bond shall be described in the notice inviting bids
and in the contract specifications.
Section 3.13: Purchases between $50,000.00 and $100,000.00.
Notwithstanding the provisions of Subsections 3.12(A) through 3.12(H) above,
Purchasing may award a contract to purchase supplies, services, materials, or
equipment in an amount greater than Fifty Thousand ($50,000.00) and less than One
Hundred Thousand ($100,000.00) Dollars, without obtaining bids and following the
procedures set forth above when the Contracts/Purchasing Manager determines that:
A. By purchasing immediately, it can avoid an imminent price increase
or realize a substantial price discount that is available on a short term basis only; or
B. It can obtain supply, services, materials, or equipment immediately
that might not otherwise be available at such time as purchasing procedures could be
completed; or
C. Said contract for supplies, services, materials, or equipment has
Board of Directors' approval for multiple one (1) year renewal periods. All such
contract renewals shall require the Contracts Administrator/Purchasing Manager
approval; or
D. The supplies, services, materials, or equipment are only available
from a sole source.
E. Whenever an emergency arises which is, or may cause a threat to
the continued required operations of the treatment plants, or when purchases are
immediately necessary for preservation of life or property, or to avoid a threat to the
public health or safety.
All purchases between $50,000.00 and $100,000.00 shall be reviewed and pre-
approved by the General Manager and reported to the Board of Directors on a quarterly
basis.
Section 3.14: Bidding Procedure: Purchases Less Than $50,000.00.
Purchases of supplies, services, materials, or equipment, of an estimated value in the
amount of Fifty Thousand ($50,000.00) Dollars or less on which bidding is not required
by state law, may be made by Purchasing in the open market without observing the
same procedures as prescribed by Section 3.12 above. The procedures to be used for
these purchases are as follows:
TLW Dmft No.12a5/1gNg*103185
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A. Minimum Number of Bids. Open market purchase shall, whenever
possible, be based on at least three (3) bids and shall be awarded to the lowest
responsive and responsible bidder, and shall be by written contract or purchase order.
B. Solicitation of Bids. Bids shall be solicited by written requests to
prospective vendors or purchasers and/or by telephone, facsimile transmission,
electronic bulletin board, and/or by public notice posted on a public bulletin board in
the Purchasing Division Offices.
C. Receipt of Bids. Bids shall be submitted to Purchasing, which shall
keep a public record of all open market orders and bids for a period of two (2) years
after the submission of bids or the placing of orders.
D. Exceptions. Purchasing may purchase supplies, services,
materials, or equipment without observing the procedures prescribed in Subparagraphs
A, B, and C above, if supplies, services, materials, or equipment are only available from
a sole source. All such purchases shall be approved by the Director of Finance, the
requesting Department Head, and the Contracts/Purchasing Manager.
Section 3.15. Bidding Procedure: Purchases Less Than $5,000.00.
Purchasing may purchase supplies, services, materials, or equipment of a value in the
amount of Five Thousand ($5,000.00) Dollars or less per purchase order, without
observing the procedures prescribed in this Section when, in the Contracts/Purchasing
Manager's discretion, it is determined that observing such procedures would not result
in a lower overall cost to the District. Record of such decision shall be fully stated in
the purchase order file as to the reason therefor.
Section 3.16: Inspection and Testing. The supplies, services, materials,
and equipment delivered, and contractual services performed, shall be inspected to
determine their conformance with the specifications set forth in the purchase order or
contract. Purchasing shall have authority to request professional services, or to require
chemical and physical tests of samples submitted with bids and samples of deliveries
which are necessary to determine their quality and conformance with specifications.
Section 3.17: Purchases: Negotiated Contracts. Notwithstanding other
provisions of this Resolution, the Board of Directors may, when it appears in the best
interests of the District, authorize the Staff to negotiate and award a contract for
purchase of supplies, services, materials and equipment without observing the
procedures prescribed in Sections 3.12 and 3.14 above.
TLW Draft No.12:05119W,*1031M
14
A. When such authorization has been granted for purchase of
supplies, services, materials, and equipment of an estimated value in the amount of
One Hundred Thousand ($100,000.00) Dollars or greater, the Staff shall obtain the
concurrence of the District Chair and/or Vice Chair, as appropriate, prior to awarding
such purchase.
B. Whenever any contract for supplies, services, materials, or
equipment has been entered into between the District and a person or entity providing
such supplies, services, materials, or equipment, and Purchasing determines that it is
in the best interest of the District to continue said contract with such person or entity,
Purchasing may, in its discretion, negotiate an extension of such contract without
observing the bidding procedures prescribed in Sections 3.12 and 3.14 above;
provided, the contract contains provisions for subsequent extension periods; has been
approved and awarded by the Board of Directors; and/or has prior budget approval, as
provided in Section 3.12.
C. This Section shall not apply to the letting of public works
construction contracts in excess of Thirty-Five Thousand ($35,000.00) Dollars. Said
contracts shall be governed by the provisions set forth in Article V of this Resolution.
Section 3,18: Surplus Supplies. Materials. and Equipment. All
Departments and/or Divisions shall submit to Purchasing, at such times and in such
form as Purchasing shall prescribe, reports showing all supplies, materials, and/or
equipment which are no longer used or which have become obsolete or wom out.
Purchasing shall have authority, as deemed appropriate by the Contracts/Purchasing
Manager, to sell, exchange for, or trade in on new supplies, materials, and equipment,
or dispose or, as deemed appropriate, all supplies, materials, and equipment which
cannot be used by any other Department or Division, or which have became unsuitable
for District's use.
Section 3.19: Sale of Real Property. No real property of the District may
be sold, or any negotiations leading to such sale may be made, without prior approval
of the Board of Directors.
Section 3.20: Recordkeeping: A record of all sales or surplus property
and by-products shall also be maintained by Purchasing upon or in which is maintained
the record of the bids received for the property or by-products sold, or if bids were not
taken or received, a full explanation thereof. Such records shall be maintained for two
(2) years after the sale.
TLW Draft No. 12:05I191W*103185
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ARTICLE IV
PROFESSIONAL SERVICES CONTRACTS
Section 4.01: Purpose and Scope. The Orange County Sanitation District,
in the interest of uniformity, fairness and cost effectiveness desires to establish
policies and procedures for the selection and procurement of professional engineering,
architectural, environmental, land surveying and construction management services.
Section 4.02: Retention of Professional Technical Consultants. This
Resolution establishes a procedure to be followed in the selection and retention of
Professional Technical Consultants in the areas of engineering, architecture,
environmental, land surveying, construction management services and related
services.
Professional Technical Consultants are those individuals or firms providing
engineering, architectural, environmental or land surveying services which are those
professional services associated with research, development, design and construction,
alteration, or repair of real property, as well as incidental services that members of
these professions and those in their employ may logically or justifiably perform,
including studies, investigations, surveys, evaluations, consultations, planning,
programming, conceptual designs, plans and specifications, cost estimates,
inspections, shop drawing reviews, sample recommendations, preparation of operation
and maintenance manuals, and other related services. Services for product testing are
excluded.
It is recognized that no two individuals or firms have equal skills, training, or
experience and that the qualities of such persons vary. Accordingly, Professional
Technical Consultants shall be selected based upon the District's discretion and
opinion as to which particular consultant is best qualified to perform the work
(hereinafter referred to as "projects") in question.
For purposes of this Resolution, "firm" shall mean any individual, firm,
partnership, corporation, association, or other legal entity permitted by law to practice
the profession of architecture, engineering, environmental services, land surveying, or
construction project management. Evaluation and selection of a consultant firm will
include but not be limited to the following:
A. The firm shall be of high ethical and professional standing, its
members being of good moral character, and it shall be prepared to submit references
from persons of known repute.
B. The principal and other responsible members of the firm must be
registered in the State of California, as required by law.
TLW Draft No.12:05/19M*103195
16
C. A principal member of the firm's staff must have at least ten years'
recent experience in responsible charge of work of the type involved in the project.
D. At least two additional members of the firm's staff must have at
least five years' experience in responsible charge in the field, or fields, required by the
project.
E. The firm shall be capable of performing the work within the
prescribed time limitations considering the current and planned work loads of the firm.
F. If all other factors are equal, preference shall be given to a local
based firm when more than one firm is being considered.
G. If the project is funded, either in whole or in part, by federal funds
that require, as a condition of establishing or maintaining eligibility for federal funds,
that firms working on the project maintain an affirmative action employment program,
then the firm selected for the project must certify to having such a program.
The District also recognizes that the scope of services and the qualifications of
consultants can differ significantly between major capital facilities projects and small
capital projects. The criteria set forth in Paragraphs C and D above may be waived by
District for small capital projects.
The procedures set forth in this Resolution shall govern the retention of such
professional consultants.
Section 4.03: Small Capital Proiect: Defined. "Small capital project" is
defined as a miscellaneous capital improvement or facility modification, replacement, or
repair project, related to plant safety, reliability and efficiency enhancements where
professional consulting services are estimated to be in an amount not to exceed
$50,000.00 for each project.
Section 4.04: Small Capital Proiect: Approval of Plans and Specifications.
The Board of Directors delegates to the Director of Engineering, as Professional
Registered Engineer, the authority to approve the design, plans, and specifications for
construction of new or modified District facilities that is deemed a small capital project,
as defined in Section 4.03 above.
Section 4.05: Small Capital Project: Annual Budget Aooroval. Upon
approval by the Board of Directors of an annual budget, the District's Staff shall be
authorized to solicit contract proposals from professional engineering, architectural,
environmental, land surveying and construction management firms to perform the
required services for the approved small capital projects, as defined and prescribed
herein.
TLW Drefl No.12:05119M:N103185
17
Section 4.06: Small Capital Project: Selection of Consultants— Procedure.
A. District's staff shall compile a master pre-approved list of 5-10 firms
having the required expertise to perform the required professional service for a small
project. The master list of firms will be selected based upon a solicitation, review of
qualifications, and Board approval. The original term of the agreement shall be for one
(1) year. Thereafter, the Department Director shall be authorized to recommend to the
General Manager, an extension of the professional consulting services agreement for
up to two (2) additional one (1)-year renewal periods, for a total of three (3) years, with
each of the parties designated on the approved master list. The professional
consulting services agreement for each party on the master list shall be forwarded to
the purchasing office. The Engineering Department Staff shall prepare the appropriate
requisition documentation to insure future payment to the consultant.
B. As a need for an individual specific project arises, the District will
implement the Agreement by issuing a task order identifying the specific project by
name and number and including the approved scope of work required of the consultant
for the project. The scope of work for any individual task order, shall not entail a cost in
excess of$50,000.00. There is a maximum annual limitation of$200,000.00 for each
individual consultant purchase order under the provisions of this Section 4.06.
C. The Department Director shall first obtain at least two (2) price
proposals from consultants before the task order is awarded to a consultant. This
requirement may be waived at the discretion of the Department Director where a
determination is made that the subject work is unique such that only one (1) consultant
is available to perform the work, or where significant time constraints or emergency
conditions dictate that one (1) consultant be solicited for a price proposal. The
Department Director, or his designee, shall review the proposals specifically
addressing cost and ability to meet District schedule requirements. Based on the
evaluations, the Department Director is authorized to award the task order.
D. Once the consultant is selected for the award of a small capital
project and the task order is executed by the District, the Department Director shall
issue the notice to proceed.
E. Addenda to a particular task order shall be approved by the
Department Director. However, the amount for each addendum may not exceed
$50,000.00, and the cumulative total for all addenda may not exceed $50,000.00. The
Department Director shall issue the task order addendum in letter form.
Section 4.07: Jor Capital Project: Defined. "Major capital project'
means the construction, repair, modification, or rehabilitation of the District's Capital
Facilities, including treatment plants, trunk sewers, pump stations, ocean ouffall,
administrative and support facilities, and other facilities related to District operations,
TLW Draft No.12:05H9RJ9fn0M5
18
where the cost of professional technical consulting services are estimated to be in an
amount in excess of$50,000.00 for any project. These projects may require Selection
Committee or Board approvals.
Minor or specialty-item capital projects are defined as projects, where the cost of
professional technical consulting services are estimated to be in an amount more than
$50,000.00, and less than or equal to $100,000.00 and require only General Manager
approval. Requirements for Scope of Work, Proposal, Procurement and Negotiation
Agreement Continuation of Services, Agreement of Services, and Conflict of Interest
apply for both Major Capital Projects and Minor or Specialty-Item Capital Projects, with
deviation only in authorization levels.
Section 4.08: Major Capital Project: Scope of Work.
A. For every project approved by the Board of Directors and for which
outside services are required, the District staff shall develop a comprehensive scope of
work.
B. The scope shall define the extent of the services and the time
required.
Section 4.09: Major Capital Proiect: Selection of Consultants - Procedure.
For the employment of any professional consulting services for major capital projects,
the following procedures shall apply:
A. Proposals - Notice Requesting. Staff shall prepare a Request for
Proposal ("RFP") or a Request for Qualifications ("RFQ") for the scope of work which
shall include a request for the firm's qualifications, personnel capability, demonstration
of firm's capabilities, identification of personnel assigned to the project, estimate of
number of hours for each aspect of the project, fee proposals and conflict of interest
disclaimer. The Request for Qualifications' process may be used, at Staffs discretion,
to narrow the field of firms submitting proposals on the project.
District shall maintain a comprehensive list of professional
consultants' demonstrated competence. Notice shall be mailed to all firms requesting
notice of any RFP or RFQ issued by the District. Optionally, notice may be given by
publication in professional journals or publications of general circulation.
B. Staff Screening Committee. A screening committee of at least two
(2) staff members as chosen by the Department Director shall review all submitted
proposals and prepare a recommendation for selection of the best qualified consultant
to the Selection Committee, as described in Paragraph D below.
TLW Dreg No.12:05119 ,7#103185
19
C. Proposals - Contents. Proposals submitted shall:
1. Acknowledge the scope of the project and extent of the
services required.
2. Include a description of the firm's qualifications for
performing the proposed work.
3. In the case of a proposal for construction management
services, each firm shall provide evidence that its personnel that will carry out
on-site responsibilities have expertise and experience in construction project
design review and evaluation, construction mobilization and supervision, bid
evaluation, project scheduling, cost-benefd analysis, claims review and
negotiation, and general management and administration of a construction
project.
4. Include past performance records of the firm.
5. Demonstrate the firm's capabilities to complete the work
within the time allotted.
6. Identify the specific key personnel to be assigned to the
project.
7. Provide an estimate of the number of hours involved in each
aspect of the scope of work for such personnel.
8. Be accompanied by a sealed fee proposal estimate which
shall not be opened until the firm is selected as being qualified. Thereafter, it
shall be the basis, for procurement negotiations. The form of the fee proposal
shall be as described in Subsections F2 and F3 below_
9. Contain a conflict of interest disclaimer.
10. Provide any other information required to properly evaluate
the firm's qualifications and familiarity with the types of problems applicable to
the project.
D. Selection Committee - Membership.
1. The members of the Board of Directors Standing Committee
principally responsible for the project and contract under consideration for
approval shall constitute the Selection Committee for District projects.
TLw 13 a No. 12:W19M,0103185
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2. At the discretion of the District Chair, additional Directors may
be appointed to the Committee to assist in the consideration of proposals for
specific projects.
E. Review of Proposals by Staff Committee and Selection Committee.
1. The Staff Committee shall review each proposal and the
qualifications of each firm with due consideration of office location, reputation in
the professional community, experience, both generally and specifically on
similar-type projects, the project approach, understanding of the scope of work,
financial standing, number of qualified personnel and their availability for the
project, quality of references, work load and other factors relevant to the project
being considered.
2. The Staff Committee, upon completion of their evaluation of
all proposals, shall determine those firms deemed to be fully qualified to provide
the services sought by the District based on their demonstrated competence and
qualifications.
3. The Staff Committee, upon making a determination of the
fully qualified firms, shall rank the firms considered, in order of preference,
based upon the qualification of each, as described in Subparagraph E(1) above.
Thereafter the Committee shall open the sealed fee proposal of the qualified
firms. Based upon the fee proposal, the committee may recommend to the
Selection Committee or the Board of Directors an individual or firm for award of
the contract. The recommended individual or firm can be ranked lower than
firms with higher fee proposals.
4. The Selection Committee shall receive and review the
recommendation of the Staff Committee and either award or recommend to the
Board of Directors, either the approval or disapproval of the Staff
recommendation to award a contract, as authorized in Section 7 below.
F. Procurement and Negotiation of Agreement. To determine the firm
to be selected and the compensation for the services sought, the following procedures
will be strictly adhered to:
1. The Staff Committee will, at its discretion, invite the firm that
is considered to be the best qualified to appear before the Staff Committee.
2. The proposal for fees associated with the services as
submitted by the selected firm shall be presented in sufficient detail to enable
the Staff Committee to adequately ascertain the level of effort associated with
TLW Draft No. 12:05I1!M*1031W
21
the scope of work and to determine whether the firm has thoroughly identified
the efforts associated with the services and thoroughly understands the work
required.
3. The basis of the fee shall be: Cost plus a fixed fee with a
maximum amount, a per diem rate(s) with a maximum amount, or a lump sum
(fixed) fee.
4. If it is the decision of the Staff Committee to use methods for
compensation other than the lump sum or cost plus a fixed fee with a maximum,
or the per diem rates with a maximum, justifications for this decision shall be
made by the Staff Committee in its recommendation to the Selection Committee
and the Board of Directors.
5. The Staff Committee shall review the compensation
requested by the firm which shall be compared with the maximum fee as
previously established.
6. The final negotiated fee, as recommended to the Selection
Committee and Board of Directors, shall be certified by the Staff Committee as
reasonable for the services requested and not resulting in excessive profits for
the firm.
7. If agreement is not reached, the negotiations should be
terminated and similar interviews should then follow with the next-ranked firm.
8. All such negotiations shall be on a strictly confidential basis,
and in no case shall the compensation discussed with one firm be discussed
with another.
G. Continuation of Services.
1. In some instances where a qualified firm has satisfactorily
completed one phase in the development of a project and the Board determines
that it is in the best interests of the District to retain the same firm for subsequent
phases of related work, the Staff Committee or the Selection Committee may be
authorized to proceed directly with negotiations with that firm for the additional
work.
2. Continuation of services may arise when a firm has
completed a feasibility report or a preliminary engineering report and the
services for said work are satisfactory to the Board and the procedure of
examining other firms for subsequent phases is not deemed necessary or cost
effective.
TLW 13 a No.12:05/19MV1031M
22
3. In the event that satisfactory negotiations for price cannot be
concluded under these circumstances, negotiations should be terminated and
the provisions set forth hereinabove for selection of a firm would apply.
H. Specialized Services.
1. In the event that specialized services are required where it
is determined that only one qualified firm can best perform the services for a
specific project in an amount greater than $50,000.00, the Staff Committee, in
the case where the fees are greater than $50,000.00, will report to the Selection
Committee said findings and request authority to negotiate directly with the
particular specialized firm.
2. The basis of selection of the specialized firm or individual
under Subparagraph H(1) above, along with the negotiated fee, shall be
presented to the Board of Directors for consideration.
I. Agreement for Services.
1. Upon approval by the Board of a negotiated agreement for
professional services, a contract shall be executed in a form approved by the
General Counsel.
2. The contract shall include, but not be limited to the following
terms:
(a) A statement of the scope of the project.
(b) The basis and individual elements of the fees.
(c) The basis for payment to the firm.
(d) The time limits in which the services must be performed.
(e) Provisions for fee adjustments should there be changes
in the scope of work.
(f) If it is determined by the Selection Committee that the
District may be caused to incur a penalty or liability, or suffer a loss
because of the failure of the firm to perform the work within specified time
limits, the contract shall include a clause setting forth penalties for such
nonperformance or delayed performance, in amounts to be determined by
the Committee.
TLW Draft No,12.M19MW103155
23
(g) For projects exceeding $50,000.00 in fees or in other
cases as determined by the District, errors and omissions insurance in an
amount recommended by the General Counsel (based upon engineering
data from the Department Director) shall be required, unless the Standing
Committee or Board of Directors, as the case may be, waives said
insurance.
For projects that involve small engineering studies where a
consultant is asked to provide a report not related or leading directly to a
design project, the General Manager(based upon engineering data from
the Department Director), in his discretion, may waive the requirement for
the consultant to provide errors and omissions/professional liability
insurance.
J. Conflict of Interest.
1. The District maintains a Conflict of Interest Code, pursuant
to California Government Code Section 87100 et seci., which governs the
activities and performance of duties of its officers, employees, or agents in the
conduct of project work for the District.
2. No Director, officer, employee or agent shall solicit or accept
rebates, kickbacks, favors or other unlawful consideration from any individual or
firm on behalf of any firm that may be potentially selected as a qualified firm to
provide professional consulting services to the District. Acceptance of food and
refreshments of nominal value on infrequent occasions and acceptance of
gratuities or gifts shall not be deemed a violation of this provision, provided that
if said items exceed $290.00, or the amount as fixed by Government Code
Section 89503, or California Code of Regulations, Title 2, Section 18940.1, in a
calendar year, the Director, officer, employee or agent may be disqualified from
participating in the decision pursuant to Article III of the District's Conflict of
Interest Code; and provided further, that any Director, officer, employee or
agent, as a designated employee under the District's Conflict of Interest Code,
shall report any amount of gifts on his/her annual Statement of Economic
Interest as required by said Code.
3. Any firm seeking selection under these procedures that
violates the District's Conflict of Interest Code shall be automatically disqualified.
TLW Draft No. 12:05119W.V03185
24
Section 4.10: Major Capital Project: Award of Professional Services
Agreements.
A. Professional Consulting Services. The award and execution of an
agreement for professional consulting services on behalf of the District shall be made
in accordance with the following delegations of authority:
Authorizing Authorily Authorized Action
1. Department Heads Solicitation of Requests for
Qualifications("RFQ") and Requests for
Proposals (RFP").
2. General Manager Authorization to evaluate proposals and
to execute contracts up to $100,000.
3. OMTS, PDC, or FAHR Receive recommendations of Staff and
Committee (or Standing General Manager, and approve Profes-
(Committees) sional Services Agreements of over
$100,000.00 up to $200,000.00.
4. Board of Directors Receive recommendations of Staff,
General Manager and Committee, and
approve Professional Services
Agreements for over $200,000.00.
B. Professional Consulting Services Agreement Addenda. The award
and execution of an addendum to an agreement for professional consulting services on
behalf of the District shall be made in accordance with the following:
Authorizing Authoriri Authorized Action
1. Department Head Authority to negotiate addenda.
2. General Manager Receive recommendation of Staff and
approve contract changes up to
$100,000.00 per addendum on
previously-awarded Board contracts.
The additive value of the total of the
General Manager-approved contracts,
and all addenda, shall not exceed
$100,000.00.
TLW Daft No. 1205119M.0103/85
25
3. OMTS, PDC, or FAHR Receive recommendations of Staff and
Committee (or Standing General Manager, and approve contract
Committee) changes between $100,000.00 and
$200,000.00 on Board-awarded
contracts, and between $0.00 and
$200,000.00 on General Manager-
awarded contracts. The additive value
of the changes shall not exceed
$200,000.00.
4. Board of Directors Receive recommendations of Staff,
General Manager and Committee and
approve contract changes for over
$200,000.00.
Section 4.11: Major Capital Project: Approval of Plans and Specifications.
The procedure and authority for the approval of the design plans and specifications for
construction of new or modified District's major capital projects is as follows:
A. For any project with approved budget authority, the Director of
Engineering is authorized to advertise for construction bids, set a bid date, and receive
all bids.
B. For any project, if the engineers estimate for the construction
contract, as provided by the Director of Engineering or the District's consulting design
engineer is equal to or less than the approved construction budget for the project, the
Director of Engineering may advertise for bids, and upon receipt, the lowest responsive
bid of a responsible bidder will be submitted to the Board of Directors for approval.
C. For any project, if the engineer's estimate for the construction
contract, as provided by the Director of Engineering or the District's consulting design
engineer, is greater than the approved construction budget for the project, the Director
of Engineering shall submit the project to the Standing Committee for recommendation,
and based thereon, to the Board of Directors for approval.
D. For any project, upon receipt of bids for the construction, if the
lowest responsive bid of a responsible bidder is equal to or less than the approved
construction budget for the project, the bid will be submitted to the Board of Directors.
The Board of Directors, upon receipt of the bid, shall approve the plans and
specifications of the project and may award a contract.
E. For any project, upon receipt of bids for the construction, if the
lowest responsive bid of a responsible bidder is greater than the approved construction
TLW Draft No.12:05119MV103105
26
budget for the project, Staff shall present the bid and a recommendation to the
Standing Committee for review and recommendation to the Board of Directors.
ARTICLE V
PUBLIC WORKS CONSTRUCTION CONTRACTS
Section 5.01 Purpose and Scope. Public works contracts are herein
defined as contracts with duly licensed contractors in the State of California for the
furnishing of labor, materials, equipment and permits, as deemed necessary, for the
erection, construction, alteration, repair, or improvement of wastewater collection,
treatment and disposal facilities, and any other public building, structure or
improvement necessary to the operation of the District, in an amount greater than
Thirty-Five Thousand ($35,000.00) Dollars, as per California Public Contracts Code
Sections 20783 et seq.
Section 5.02: Public Works: Bidding Required. When the expenditure
required for a public works construction project exceeds Thirty-Five Thousand
($35,000.00) Dollars, it shall be contracted for and let to the lowest responsible bidder,
in accordance with the provisions of California Public Contracts Code Section 20783.
Section 5.03: Bidding Procedure: Public Works Construction Greater
Than $35,000.00. Procedures for soliciting bids and awarding contracts for public
works projects for more than Thirty-Five Thousand ($35,000.00) Dollars, shall be by
written contract with the lowest responsible bidder, pursuant to the procedures
prescribed herein and in accordance with applicable provisions of California Public
Contracts Code Section 20783.
A. Notice Inviting Bids. The Notice Inviting Bids shall specifically
describe the work to be performed, shall state where bid forms, Specifications, and
General and Special Provisions may be secured, and the time and place for receiving
and opening sealed bids.
1. Published Notice. The Notice Inviting Bids shall set a date
for the opening of bids. The first publication or posting of the Notice shall be at
least ten (10) calendar days before the date for the opening of the bids. The
Notice shall be published at least two (2) times, not less than five (5) days apart,
in a newspaper of general circulation, printed and published within the District.
2. Mailed Notice. Unless the work to be done is proprietary,
the Notice Inviting Bids shall be published in a public newspaper which carries
Orange County public works bid notices, not less than twenty-one (21) calendar
days before the date of opening of bids.
TLW Dreg No, 12,05119M:#103185
27
3. Bidders List. The Engineering Department may also solicit
sealed bids from all qualified, responsible, prospective suppliers whose names
are on a Bidders List that may be maintained by District.
B. Bidder's Securiri. When deemed necessary by the Purchasing
Division, bidder's security may be prescribed in the contract Specifications and in the
public Notice Inviting Bids. Bidders shall be entitled to return of bid security, upon full
execution by the successful bidder of an awarded contract by the District. A successful
bidder shall forfeit its bid security upon refusal or failure to execute the contract within
the prescribed time after the Notice of Award of Contract has been delivered to the
bidder, unless the District is responsible for the delay in the prescribed time. The
Board of Directors may, on refusal or failure of the successful bidder to execute the
contract, award it to the next lowest responsive, responsible bidder. If the Board of
Directors awards the contract to the next lowest bidder, an amount of the lowest
bidder's security equal to the difference in an amount between the low bid and the
awarded bid, shall be forfeited to the District, and the surplus, if any, shall be returned
to the lowest bidder.
C. Bid Opening Procedure. Sealed bids shall be submitted to the
Director of Engineering or Contracts/Purchasing Manager, or their designees, and
Secretary of the Board of Directors, and shall be identified as a bid, on the envelope.
Bids shall be opened by the Director of Engineering or Contracts/Purchasing Manager,
or their designee, in public, at the time and place stated in the public notice. A
tabulation of all bids received shall be open for public inspection during regular
business hours for a period of not less than thirty (30) calendar days after the bid
opening.
D. Refection of Bids. In its discretion, the Board of Directors may
reject any and all bids presented and readvertise for bids. If, after the opening of bids,
all bids are rejected, the Board of Directors, on a Resolution adopted by a four-fifths
(4/5) vote, may declare that the work can be performed more economically by force
account, or the materials or supplies furnished at a lower price in the open market and
may have the work done in a manner stated in the Resolution in order to take
advantage of this lower cost.
E. Tie Bids. If two or more bids received are for the same total
amount or unit price (with quality and service being equal) and if the public interest will
not be best served by a delay or readvertising for bids, the Board of Directors may
accept the one it chooses, or accept the lowest bid made by negotiation with the tie
bidders at the time of the award.
F. No Bids. If no bids are received, the District may have the work
done by force account; may readvertise for bids pursuant to the procedures herein; or
TLW Draft No. 1205119/99:M103185
28
may select a contractor by negotiation.
G. Emergencies. Whenever an emergency arises which is, or may
be, a threat to the continued operation of the wastewater facilities, support facilities
and/or administrative facilities operated by the District, a contract for the repair or
replacement of the public facility may be ordered by the General Manager without
complying with the provisions of this Resolution or the California Public Contracts
Code. This authority is hereby delegated to the General Manager, or his designee, by
the Board of Directors pursuant to the authority of California Public Contracts Code
Section 22050. In such event, the General Manager shall advise the District Chair
and/or Vice Chair, as appropriate, of the action taken, and such action shall be
confirmed by a four-fifths (4/5) vote of the Board of Directors at its next regular meeting.
H. Surety Bonds. The Purchasing Division shall require a Faithful
Performance Bond and a Labor and Materials Bond. A Warranty Bond may be
required before entering into a contract in an amount up to one hundred (100%)
percent of the amount of the contract, as it shall find reasonably necessary to protect
the best interests of the District. The form and amount of the bond shall be described
in the Notice Inviting Bids, or in the contract Specifications.
I. Cost Records. Cost records shall be kept in the manner provided
in Sections 4000 to 4007, inclusive, of the California Government Code.
Section 5.04: Aooroval of Change Orders to Construction Agreements.
The procedure and authority for the approval of change orders to construction
agreements is as follows:
A. General Manager. The General Manager is authorized to approve
any single change order with a total amount of additions to the agreement (not the net
amount of the change order), not to exceed $100,000.00, and a total cumulative
amount for all change order additions to the agreement not to exceed 5% of the original
agreement amount, or$100,000.00, whichever is less.
B. Planning. Design & Construction Committee. The Planning,
Design & Construction Committee is authorized to approve any single change order
with a total amount of additions to the agreement (not the net amount of the change
order), not to exceed $200,000.00, and a total cumulative amount for all change order
additions to the agreement not to exceed 10% of the original agreement amount, or
$200,000.00. whichever is less.
C. Management and Staff. At such time as the Staff becomes aware
of a fact or circumstance that will likely result in total additive change orders exceeding
5% percent of the original contract amount, it shall be presented to the Planning,
Design & Construction Committee at its next regular meeting for review, consideration,
TLW Diets No.12:WIfl *IW185
29
and possible action.
ARTICLE VI
MEETINGS (AND RELATED TRAVEL) AND
TRAINING (AND RELATED TRAVEL) EXPENDITURES
Section 6.01: Purpose and Scope. This Article sets forth the procedures
and scope of delegated authority by which District employees are authorized to incur
expenses for budget-approved meetings and training in furtherance of District
business.
Section 6.02: General.
A. Meetings or training exceeding $500.00 will be itemized, as well as
possible, in the approved budget. It is recognized that some meetings and training
cannot be preplanned.
B. All out-of-country travel (excluding Canada and Mexico) requires
approval by the Board of Directors.
C. Meetings or training requests exceeding $2,000.00 will be
approved by the Department Director.
D. Meetings or training requests less than $2,000.00 will be approved
by the Division Manager.
E. Established approvals must be received prior to arrangements for
meetings or training being made.
Section 6.03: Policies and Procedures. All policies and procedures
governing meetings and training, such as the use of District forms and justification, will
be followed.
ARTICLE VII
MISCELLANEOUS
Section 7.01: Noncompliance. Any transaction failing to comply with this
Resolution in any respect is voidable in the discretion of the Board of Directors, and
any employee willfully and knowingly violating any provision of this Resolution may be
subject to disciplinary action.
TLW Draft No. 12:05119M,1103155
30
Section 7.02: Severabiliri. If any section, subsection, subdivision,
sentence, clause or phrase of this Resolution is for any reason held to be
unconstitutional or otherwise invalid, such invalidity shall not affect the validity of the
entire Resolution or any of the remaining portions thereof. The Board of Directors
hereby declares that it would have passed this Resolution, and each section,
subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact
that any one or more sections, subsections, subdivisions, sentences, clauses or
phrases be declared unconstitutional or otherwise invalid.
Section 7.03: Effective Date. This Resolution shall take effect immediately
upon adoption by the Board of Directors.
Section 7.04: Reoeal of Prior Resolutions. Resolutions Nos. OCSD 98-8,
OCSD 98-12, OCSD 98-22, and OCSD 98-43 are hereby repealed in their entirety.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
1999.
Chair
ATTEST:
Board Secretary
TLW Dreg No. 12:OBn9/99 03185
31
AGENDA REPORT TRANSMITTAL FORM 3/''�-lt
As soon as the review of the Agenda Report is complete, call the contact person for pickup.
Committee Name: Meeting Date:
Subject of Agenda Report:
Report Type--Action (A) or Information (1): _Approximate Presentation Time: minutes
Originator/Contact Name: Telephone Ext.:
REVISIONS DATE
TO REQUIRED REVIEWED COMMENTS
Division Mane er
Department Head
Grea Mathews I Ij / I ' r
Assistant General
Manager/General
Manager
Please complete the following section (required by Committee Secretarvl:
1. 1 will/will not attend the meeting
2. 1 will/will not eat dinner
3. The following person(s)will attend the meeting to assist with this presentation:
(Please indicate if from an outside agency)
CITEMPpO/.apenN rytaa
Page 6
STEERING COMMITTEE Meetinq Date TOBtl.of Dir.
5/26/99 W26/99
AGENDA REPORT Item Number Item Number
Orange County Sanitation District
FROM: Mike Peterman, Director of Human Resources
SUBJECT: Informational Update on Employment Law Bills
GENERAL MANAGER'S RECOMMENDATION
Information only
SUMMARY
Several pro-union bills are currently winding their way through the legislature. Two of
those bills AB240 and SB739, will have a significant impact on the negotiating and
bargaining process between the District and our employees.
Both bills would allow management, confidential, or supervisory employees to enter into
agency shop agreements. SB739 goes so far as to allow employees of the District to
establish an agency shop agreement without negotiating with the District if 30% of the
employees sign a petition and a majority vote in favor of the agreement.
The Southern California Alliance of Publicly Owned Treatment Works (SCAP) is urging
wastewater agencies to submit letters in opposition to both of these bills.
PROJECT/CONTRACT COST SUMMARY
BUDGETIMPACT
❑ This item has been budgeted. (tine item: )
❑ This item has been budgeted, but there are insufficient funds.
❑ This item has not been budgeted.
❑ Not applicable (information item)
ADDITIONAL INFORMATION
ALTERNATIVES
CEOA FINDINGS
ATTACHMENTS
C\TEMPFmpbPnml lr.'BJb,MI
Rom. am9e Page 1
MAY-II-69 15:26 FROM-SCAP/RAYMtNO C MILLER, PE 9494890150 T-304 P 01/01 F-241
a�vr. ^An P att�WalaAraaaaMaaM�itrA�IMAattp,"i
r� -
kgan V U C W T99 EMIn al
WAuIlY UvevFO taFAIMEnI Aurae
SOAP ALERT!
.Stay 11, 1999
AB 240 and SB 749
Two bills,AB 240 and SB 739,dealing txclmivtly with public employees,are making their way speedily through the legislature.
These bills make changes to the Meyers-Milias-Brown An regarding agency shop agreements. AS 240 and SB 739 both would
delete a provision that prohibits management,confidential,or supervisory employees from entering into agency shop agreements.
In so doing,they would create an entirely new negotiating and bargaining process between public employers and confidential,
supervisory,and managerial employees rust bas the potential to be very costly. SB 739 goes Authar m allow employees of a public
agency to establish an agency shop agreement without negotiating with the public agency if 30/ofhepl° m _qs sign a perimin
and a majority vote in favor of the agreement. Imponam managemem rights will be lost if these two bills arc eslained.
These bills apply In all public agencies,including special districts,cities,and routines. CASA and the League of Cities oppose this
bill, and all SCAP agencies should take the time to d4cmum:how these bills will affect them - and express your comm. if
warranted. Suggested warding for an opposition letter is presented below.
AS 240 will be board by the Assembly Public Employ,Retiremeal,and Social Secunry Committer tomorrow,May 12th.
If your agency could be adversely affected by the proposed changes in this bill,please la.letters to the members of for committee
]m ay. The names and fax numbers of committtt members are listed below. A similar alert will be issued soon for A0739.
If you have any questions or comments,please eom act Sharon Landau of IACSD at(562)609-7411,ext.2920.
A.Aembly Public Employees,Retirement,and Social Secprily Committee
Lou Contra Bruce Thompson Marco Firebaugh
(916)319-2169 (916)319?166 (916)319-2150
Roam 2137 Room 2160 Room 3126
Milne Honda Wally Krmx Anthony Peseern
(916)319.2123 (916)319-2142 (916)319-2110
Roma 5155 Room 6025 Room 2130
Letters should be sort in:
The Honorable
Suite Capitol
Sacramento,CA 95814
Subject:Opposition to AB 240
The [your agency name] respectfully submits This letter in opposition to AB 240. Management,confidential and supervisory
employees of California public agencies have Adequate existing pmmction of their bargaining rights under current provisions of
The MyeMWIius-Brown Act and will not obtain any greaur functional protection if this bill is enacted. public agencies,and in
particular,our wastewater treatment agency,will however lose a substantial management right in our ability to cost-effectively
negotiate with important bargaining groups without the rxpeuse of the extensive negoaeaoms which ehm&zcvu agency shop,.We
uric:The Committee in refuse passage of this bill.
30290 Rainer vein Rma,Swle 113
Son Jwn Cap=,io.CA 9292S
Fu 94*48%0150 Tel 90489.1gifi
STEERING COMMITTEE Meeting Date To IN.of Dir.
5/26/99
AGENDA REPORT Item Number Item Number
Orange County Sanitation District
FROM: Donald F. McIntyre, General Manager
Originator: Jean Tappan, Committee Secretary
SUBJECT: June Agenda Items for Consideration by Working Committees
GENERAL MANAGER'S RECOMMENDATION
Review with staff the tentative agenda items scheduled for review by the Working
Committees in June.
SUMMARY
Staff routinely prepares for the Steering Committee a list of items scheduled for
presentation to the Working Committees and the Boards at their next monthly meetings.
This allows the Steering Committee the opportunity to review these items early enough
to make reassignments in the review or approval process.
The following items are scheduled to be considered by the Committees in June:
OMITS Committee: 1. FY 1999-00 Budget Final Report
2. OCSD/OCWD Lab Sharing Opportunities
3. Kern County Prospective Acquisition -Tule Ranch/Magan
Ranch
PDC Committee: 1. P2-35-3, Maintenance Building, et al
2. 6-12, Fairview Relief Sewer
3. 3-38-1, Improvements to Miller-Holder Trunk Sewer System,
Reach 1
4. J-33-1, Standby Power& Reliability Improvements
5. Specification No. P-183, Surveying Services
6. Specification No. P-182, Geotechnical Engineering,
Environmental Site Assessment, and Material Testing Services
7. Purchasing Resolution and Delegation of Authority
8. Facilities Engineering Consulting Services for Fiscal Year 1999-
2000
9. Proposed FY 1999-00 Capital Improvement Program Budget
FAHR Committee: 1. Consider 1999-2000 Budgets
2. Consider 1999-2000 User Fees
3. Retiree Medical Premiums
4. Renewal of All-Risk Property Insurance
5. Consolidated Purchasing & Delegation of Authority Policy
6. Adjustments to Salary Ranges and Job Classifications
PROJECT/CONTRACT COST SUMMARY
N/A
BUDGETIMPACT
❑ This item has been budgeted. (Line item:
❑ This item has been budgeted, but there are insufficient funds.
❑ This item has not been budgeted.
® Not applicable (information item)
ADDITIONAL INFORMATION
NA
ALTERNATIVES
NA
CEQA FINDINGS
Not a project.
ATTACHMENTS
NA
jt
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ate, Page 2