HomeMy WebLinkAbout2006-11 MINUTES OF STEERING COMMITTEE MEETING
FILED
IN THE OFFICE OF THE SECRETARY
Orange County Sanitation District ORANGE nou1,,- r •-- MSTRICT
Wednesday, November 15, 2006, at 5:00 p.m. DEC 2 0 2006
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A meeting of the Steering Committee of the Orange County Sanitation DistnctVMS-- ---- --
held on Wednesday, October 25, 2006 at 5:00 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: Jim Ruth, Interim General Manager
Jim Ferryman, Chair Bob Ghirelli, Acting Assistant General Manager
Doug Davert, Vice Chair Nick Arhontes, Director of Regional Assets and
Carolyn Cavecche, Chair, OMITS Committee Services
Tod Ridgeway, Chairman, PDC Committee Jim Herberg, Director of Operations and
Darryl Miller, Chairman, FAHR Committee Maintenance
Steve Anderson, Past Board Chair Lorenzo Tyner, Director of Finance and
Administrative Services
Directors Absent: Norbert Gaia, Information Tech Analyst III
Jim Silva, County Supervisor Michael Gold, Legislative Affairs Liaison
Simon Watson, Maintenance Manager
Rob Thompson,
OTHERS PRESENT: Karen Jackson, IT Supervisor
Bradley R. Hogin, General Counsel Gail Garrett, Committee Secretary
(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3) PUBLIC COMMENTS
There were none.
(4) REPORT OF THE COMMITTEE CHAIR
The CASA Spring Conference will be held in Indian Wells, January 17-20, 2007. Seats are
still available at the Chapman University's Economic Forecast at the Irvine Hyatt Regency
December 7. Notify Gail Garrett if you wish to attend either event.
Chair Ferryman, Director Anderson, and staff will travel to Washington DC at the end of the
month to meet with congressional staff to discuss legislative and grant programs.
He announced the upcoming committee meetings for December and advised that the Board
and Steering Committee meetings for December are scheduled one week earlier due to the
holiday season. A social will follow the Board meeting.
Minutes of the Steering Committee
Page 2
November 15, 2006
(5) REPORT OF GENERAL MANAGER
a. Status Report
General Manager Jim Ruth reviewed activities included in his November Status
Report, which was included with the Board package.
Director Miller, Chair of the FAHR Committee, informed that a white paper will be
presented to the Board on the John Bartel benefits study.
b. Legislative Affairs
Michael Gold provided a legislative update giving a brief summary of the Federal
and California State election results.
(6) REPORT OF GENERAL COUNSEL
General Counsel Brad Hogin provided a brief update on the Kern County biosolids lawsuit.
US District Court Judge Gary Feess' preliminary ruling was to prohibit enforcement of the ban
to ship biosolids to Kern County until a higher court has ruled on the legality of the ordinance.
Feess plans to certify the case to the 9' US Circuit Court of Appeals, which may send it to
the State Supreme Court. His final ruling is expected in a few days.
(7) CONSENT CALENDAR ITEMS
a. MOVED, SECONDED AND DULY CARRIED: The minutes of the October 25, 2006
Steering Committee meeting were approved as revised.
END OF CONSENT CALENDAR
(8) ACTION ITEMS
a. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board to adopt
the 2007 Legislative Platform and Goals
Michael Gold presented the 2007 Legislative Platform explaining that the policy
statements from 2006 had not been modified but the new platform did include the
goals developed at the October Legislative Strategic Planning session and the
procedures adopted by the Steering Committee a few months back. The
Platform was adopted without dissent.
b. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board to
authorize a one-year renewal to the agreements for State and Federal Advocacy
services from January 1, 2007 through December 31, 2007, in a form approved
by General Counsel, as follows:
Sacramento Representatives
Scott Baugh (currently with Platinum Advisors)
Townsend Public Affairs (TPA) $5,000 per month
$5,000 per month
Minutes of the Steering Committee
Page 3
November 15, 2006
Federal Representatives
Eric Sapirstein and John Freshman (ENS Resources $10,000 per month
and Troutman Sanders Public Affairs)
Michael Gold requested extending the contracts for all legislative advocates
through the end of 2007. He explained that with the inclusion of goals and the
new position of Legislative Affairs Liaison, staff recommends giving the current
program one additional year to evolve and the Steering Committee would discuss
various options for further legislative advocacy services in mid-2007. Director
Ridgeway stressed the importance of hiring lobbyists and having a structured
legislative program. The contracts were approved unanimously.
C. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of
Directors to:
1. Adopt Resolution No. OCSD 06-25, Establishing Rules of Procedure for the
Conduct of Business of the District;and, Repealing Resolution No. OCSD 04-
15; and,
2. Adopt Resolution No. OCSD 06-26, Establishing Policies and Procedures for
the Award of Purchase Orders and Contracts; Award of Public Works Project
Contracts; Professional Services Contracts; and Delegation of Authority to
Implement said Policies and Procedures; and Repealing Resolution No.
OCSD 04-08.
Bob Ghirelli made one correction to Item L(1)(c), informing that the Engineering and
Operations Committee will meet on Wednesdays, not on Thursdays.
(9) INFORMATIONAL ITEMS
a. The Agenda Items scheduled to be reviewed by the Board's working committees in
November were reviewed-
b. The agenda items scheduled to be presented to the Board at the October 25, 2006
meeting were reviewed.
(10) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS. IF ANY
There were none.
(11) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
There were none.
(12) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR
ACTION AND/OR STAFF REPORT
Minutes of the Steering Committee
Page 4
November 15, 2006
There were none.
(13) CONSIDERATION OF UPCOMING MEETINGS
The next Steering Committee meeting is scheduled for Wednesday, December 20, 2006 at 5 p.m.
The next Board Meeting is scheduled for Wednesday, December 20, 2006 at 7 p.m.
(14) CLOSED SESSION
The Committee convened at 5:55 p.m. in Closed Session, pursuant to Sections 54956.9(a)and
54957(b)(1), to discuss three matters. Minutes of the Closed Session are on file with the Board
Secretary. Confidential Minutes of the Closed Session held by the Steering Committee have
been prepared in accordance with 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 the recommended actions will be publicly reported at the time the
approved actions become final.
At 6:30 p.m., the Committee reconvened in regular session.
(15) ADJOURNMENT
The Chair declared the meeting adjourned at 6:30 p.m.
Submitted by:
Gail Garrett
Steering Committee Secretary
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STEERING COMMITTEE AND BOARD MEETING DATES
FOR THE NEXT TWELVE MONTHS
'Wednesday, November 15, 2006
'Wednesday, December20, 2006
Wednesday, January 24, 2007
Wednesday, February 28, 2007
Wednesday, March 28, 2007
Wednesday, April 25, 2007
Wednesday, May 23, 2007
Wednesday, June 27, 2007
"Wednesday, July 18, 2007
Wednesday, August 22, 2007
Wednesday, September 26, 2007
Wednesday, October 24, 2007
Wednesday, November21, 2007
Wednesday, December 19, 2007
'Tentatively rescheduled from regular fourth Wednesday.
H.WepflagendaX teeft C=mlttW2006Weeting Dates Fon.2.doc
STEERING COMMITTEE
(1) Roll Call:
Meeting Date: November 15, 2006 Meeting Time: 5:00 p.m.
Meeting Adjourned: p.m.
Committee Members
Jim Ferryman, Board Chair.................................................— _
Doug Davert, Vice Chair.....................................................— —
Darryl Miller, FAHR Committee Chair.................................— _
Carolyn Cavecche, OMTS Committee Chair.......................— _
Tod Ridgeway, PDC Committee Chair................................_
Jim Silva, Supervisor..........................................................— —
Steve Anderson, Past Board Chair.....................................
Others
Brad Hogin, General Counsel
Don Hughes
Staff Present
Jim Ruth, Interim General Manager
Bob Ghirelli, Acting Assistant General Manager
Nick Arhontes, Director of Regional Assets &Services
Jim Herberg, Director of Operations & Maintenance
John Linder, Acting Director of Engineering
Patrick Miles, Director of Information Technology
Ed Torres,Acting Director of Technical Services _
Lorenzo Tyner, Director of Finance &Administrative Services
Gail Garrett, Committee Secretary
Other Staff Present
Michael Gold, Legislative Affairs Liaison
c: Lenora Crane
H:1depMagenda6Steering Commidee120g6 M3.Roll Call Sheet Fo m.3.doo
AGENDA
REGULAR MEETING OF THE STEERING COMMITTEE
WEDNESDAY, NOVEMBER 15, 2006 - 5:00 P.M.
ORANGE COUNTY SANITATION DISTRICT
ADMINISTRATIVE OFFICE
10844 Ellis Avenue
Fountain Valley, California
www.ocsd.com
(1) ROLL CALL
(2) APPOINTMENT OF CHAIR PRO TEM. IF NECESSARY
(3) PUBLIC COMMENTS
(4) REPORT OF COMMITTEE CHAIR
(5) REPORT OF GENERAL MANAGER
a. Monthly Status Report
b. Report on American Society of Civil Engineers' Peer Review of the Engineering
Department
C. Legislative Affairs Liaison Report
(6) REPORT OF GENERAL COUNSEL
(7) CONSENT CALENDAR ITEMS
Consideration of motion to approve all agenda items appearing on the Consent Calendar not
specifically removed from same, as follows:
a. Approve minutes of the October 25, 2006 Steering Committee meeting.
END OF CONSENT CALENDAR
-2- November 15, 2006 Agenda
Consideration of items deleted from Consent Calendar, if any.
(8) ACTION ITEMS
a. Recommend to the Board to adopt the 2007 Legislative Platform and Goals
b. Recommend to the Board to authorize a one-year renewal to the agreements for
State and Federal Advocacy services from January 1, 2007 through December
31, 2007, in a form approved by General Counsel, as follows:
Sacramento Representatives
Scott Baugh (currently with Platinum Advisors) $5,000 per month
Townsend Public Affairs (TPA) $5.000 per month
Federal Representatives
Eric Sapirslein and John Freshman (ENS Resources $10,000 per month
and Troutman Sanders Public Affairs)
C. Recommend to the Board of Directors to:
1. Adopt Resolution No. OCSD 06-25, Establishing Rules of Procedure for the
Conduct of Business of the District; and, Repealing Resolution No. OCSD 04-
15; and,
2. Adopt Resolution No. OCSD 06-26, Establishing Policies and Procedures for
the Award of Purchase Orders and Contracts; Award of Public Works Project
Contracts; Professional Services Contracts; and Delegation of Authority to
Implement said Policies and Procedures; and Repealing Resolution No.
OCSD 04-08.
(9) INFORMATIONAL ITEMS
a. Review Agenda Items scheduled to be presented to Committees in November
(Information item only)
b. Review and consideration of Agenda Items for Board of Directors Meeting of
November 15, 2006
(10) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY
(11) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
(12) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA
FOR ACTION AND STAFF REPORT
-3- November 15, 2006 Agenda
(13) FUTURE MEETING DATES
The next Steering Committee Meeting is scheduled for 5 p.m.,Wednesday, December 20, 2006.
The next Board Meeting is scheduled for 7 p.m., Wednesday, December 20, 2006.
(14) 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, if necessary
1. CONFERENCE WITH LEGAL COUNSEL RE. EXISTING LITIGATION
(Subdivision (a)of Section 54956.9)
Case: Nguyen& Pham v. OCSD, at al.,Orange County Superior Court,
Case No. 06CC11453
2. PUBLIC EMPLOYEE APPOINTMENTS
(Government Code Section 54957(b)(1))
Title: Assistant General Manager
Title: Director of Engineering
Title: Director of Operations & Maintenance
Title: Director of Technical Services
3. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(Government Code Section 54957(b)(1))
B. Reconvene in regular session
C. Consideration of action, if any, on matters considered in closed session.
(15) ADJOURNMENT
Agenda Posting: 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 offices 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.
-4- November 15, 2006 Agenda
Items Not Posted: In the event any matter not listed on this agenda is proposed to be submitted to the
Committee for discussion and/or action, It will be done in compliance with Section 54954.2(b) as an
emergency item or because there is a need to take immediate action,which need came to the attention of the
Committee subsequent to the posting of agenda, or as set forth on a supplemental agenda posted in the
manner as above, not less than 72 hours prior to the meeting date.
Public Comments: Any member of the public may address the Steering Committee on specific agenda
items or matters of general interest. As determined by the Chair,speakers may be deferred until the
specific Item is taken for discussion and remarks may be limited to three minutes.
Matters of interest addressed by a member of the public and not listed on this agenda cannot have action
taken by the Committee except as authorized by Section 54954.2(b).
Consent Calendar: All matters placed on the consent calendar are considered as not requiring discussion
or further explanation, and unless a particular item is requested to be removed from the consent calendar
by a Director of staff member, there will be no separate discussion of these items. Al items on the
consent calendar will be enacted by one action approving all motions, and casting a unanimous ballot for
resolutions included on the consent calendar. All items removed from the consent calendar shall be
considered in the regular order of business.
The Committee Chair will determine if any items are to be deleted from the consent calendar,
Items Continued: Items may be continued from this meeting without further notice to a Committee
meeting held within five(5)days of this meeting per Government Code Section 54954.2(b)(3).
Meeting Adioumment: This meeting may be adjoumed to a later time and items of business from this agenda
may be considered at the later meeting by Order of Adjournment and Notice in accordance with Government
Code Section 54955(posted within 24 hours).
Accommodations for the Disabled: The Board of Directors Meeting Room is wheelchair accessible. If you
require any special disability related accommodations,please contact the Orange County Sanitation District
Board Secretary's office at(714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must
specify the nature of the disability and the type of accommodation requested.
Notce to Committee Members:
For any questions on the agenda or to place any items on the agenda, Committee members should contact the
Committee Chair or Secretary ten days in advance of the Committee meeting.
Committee Chair: Jim Ferryman (714)283-5910 ext. 123
Interim General Manager: James D. Ruth (714)593-7110
General Counsel: Brad Hogin (714)564-2606
Committee Secretary: Gail Garrett (714)593-7101
(714)9684389 (Fax)
E-mail: gnartett�omd.com
HMEPMGWDA4 ERING COWMEE13MlTAA 115W AGENDA FOWADOC
MINUTES OF SPECIAL MEETING OF STEERING COMMITTEE RE
LEGISLATIVE GOAL SETTING WORKSHOP
& REGULAR STEERING COMMITTEE MEETING
Orange County Sanitation District
Wednesday, October 25, 2006, at 2:30 and 5:00 p.m.
A special meeting of the Steering Committee for a Legislative Goal Setting Workshop
and a regular Steering Committee meeting of the Orange County Sanitation District
was held on Wednesday, October 25, 2006 at 2:30 p.m. and at 5:00 p.m., in the
District's Administrative Office.
I. 2:30 P.M.—LEGISLATIVE GOAL SETTING WORKSHOP
STEERING COMMITTEE MEMBERS: STAFF PRESENT:
Directors Present Jim Ruth, Interim General Manager
Bob Ghirelli, Acting Assistant General Manager
Jim Ferryman, Chair Michael Gold, Legislative Affairs Liaison
Doug Davert, Vice Chair
Tod Ridgeway, Chairman, PDC Committee
Darryl Miller, Chairman, FAHR Committee OTHERS PRESENT:
Eric Saperstein, ENS Resources
Directors Absent: John Freshman, Freshman and Kest
Steve Anderson, Past Board Chair Christopher Townsend, Townsend Public Affairs
Carolyn Cavecche, Chair, OMTS Committee Heather Dion, Townsend Public Affairs
Jim Silva, County Supervisor Scott Baugh, Platinum Advisors (via phone)
Holly Shinstock, Platinum Advisors
(1) Public Comments
There were none.
(2) Goal Setting Workshop
Michael Gold began the session by providing a brief overview of the legislative affairs
program followed by a presentation of the goals discussed earlier in the day by staff and the
lobbyists.
The group discussed and refined the goals, offering suggestions and additions. Goals were
developed for both State and Federal levels.
Mr. Gold explained that the goals and draft 2007 Legislative Platform would be presented to
the Steering Committee in November.
It. RECESS—4:30 P.m.
Minutes of the Steering Committee
Page 2
October 25, 2006
Ill. CONVENE AT 5:00 P.M.—STEERING COMMITTEE
(1) The roll was called and a quorum declared present, as follows:
STEERING COMMITTEE MEMBERS: STAFF PRESENT:
Directors Present: Jim Ruth, Interim General Manager
Jim Ferryman, Chair Bob Ghirelli, Acting Assistant General Manager
Doug Davert, Vice Chair Nick Arhontes, Director of Regional Assets and
Carolyn Cavecche, Chair, OMTS Committee Services
Tod Ridgeway, Chairman, PDC Committee Jim Herberg, Director of Operations and
Darryl Miller, Chairman, FAHR Committee Maintenance
Jim Silva, County Supervisor Lorenzo Tyner, Director of Finance and
Administrative Services
Directors Absent: Norbert Gaia, Information Tech Analyst III
Steve Anderson, Past Board Chair Michael Gold, Legislative Affairs Liaison
Simon Watson, Maintenance Manager
OTHERS PRESENT: Penny Kyle, Board Secretary
Bradley R. Hogin, General Counsel
Don Hughes
(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3) PUBLIC COMMENTS
There were none.
(4) REPORT OF THE COMMITTEE CHAIR
Chair Ferryman announced the upcoming committee meetings for November and the special
FAHR Committee Benefits workshop scheduled for Thursday, October 261" at 7:00 p.m. He
also advised that the Board Meeting and Steering Committee Meeting for November and
December would be scheduled one week earlier due to the holiday season.
(5) REPORT OF GENERAL MANAGER
a. Status Report
Interim General Manager Jim Ruth reviewed activities included in his October
Status Report.
b. Legislative Affairs
Michael Gold provided a legislative update giving a brief summary of the strategic
planning session that took place earlier in the day.
Minutes of the Steering Committee
Page 3
October 25, 2006
(6) REPORT OF GENERAL COUNSEL
General Counsel Brad Hogin reported he would be providing ethics training at the Sanitation
District on November 70 and 81". He also provided a brief update on Assembly Bill 573,
which would limit the Sanitation District's ability to require indemnification on design
professionals.
(7) CONSENT CALENDAR ITEMS
a. MOVED, SECONDED AND DULY CARRIED:The minutes of the September 27,2006
Steering Committee meeting were approved as revised.
END OF CONSENT CALENDAR
(8) ACTION ITEMS
a. MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of
Directors to approve a Memorandum of Understanding between the County of
Orange, Orange County Water District, Santa Ana Watershed Project Authority
and Riverside County Flood Control District for the protection and relocation of
the SARI line, in a form approved by General Counsel.
b. MOVED, SECONDED AND DULY CARRIED:Authorize the General Manager to
negotiate a Memorandum of Understanding with the city of Huntington Beach that will
establish a forward plan to transfer the assets from the city of Huntington Beach to the
Sanitation District on or about May 2008, in a form approved by General Counsel.
C. MOVED, SECONDED AND DULY CARRIED:Authorize up to two Directors and one
staff member to visit the Singapore Public Utilities Board facilities.
Director Cavecche opposed.
(9) INFORMATIONAL ITEMS
a. Risk Registry Summary
Jim Herberg, Director of Operations and Maintenance, reviewed the District's risk
assessment process and those risks determined to be the highest
b. The Agenda Items scheduled to be reviewed by the Board's working committees in
November were reviewed.
C. The agenda items scheduled to be presented to the Board at the October 25,2006
meeting were reviewed.
(10) OTHER BUSINESS. COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS IF ANY
There were none.
Minutes of the Steering Committee
Page 4
October25,2006
(11) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A
SUBSEQUENT MEETING
There were none.
(12) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR
ACTION AND/OR STAFF REPORT
There were none.
(13) CONSIDERATION OF UPCOMING MEETINGS
The next Steering Committee meeting is scheduled for Wednesday, November 15, 2006 at 5 p.m.
The next Board Meeting is scheduled for Wednesday, November 15, 2006 at 7 p.m.
(14) CLOSED SESSION
The Committee convened at 5:56 p.m. in Closed Session, pursuant to Government Code Sections
54956.9(b), 54956.9(c), 54956.9 and 54957(b)(1). Confidential Minutes of the Closed Session held
by the Steering Committee have been prepared in accordance with 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. No reportable actions were taken. Agenda Item 14(a)(5)
was not discussed.
Director Cavecche left the meeting room during the discussion of Agenda Item No. 14(a)(1).
Director Cavecche returned to the meeting room for the discussion of Agenda Item No. 14(a)(2)
through 14(a)(4).
(15) ADJOURNMENT
The Chair declared the meeting adjourned at 6:29 p.m.
Submitted by:
MV,
Penny Kyle
Board Secretary
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STEERING COMMITTEE meeung Date To ad.or Dir.
11/15/2006
AGENDA REPORT Item Number Item Number
8(a)
Orange County Sanitation District
FROM: Robert P. Ghirelli, D.Env., Interim Assistant General Manager
Originator: Michael Gold, Legislative Affairs Liaison
SUBJECT: Adoption of 2007 Legislative Platform
GENERAL MANAGER'S RECOMMENDATION
Adopt the 2007 Legislative Platform and Goals.
SUMMARY
At the end of 2005, the Board adopted OCSD's first Legislative Platform to guide staff and the
lobbying team in their efforts to promote the District's interests in Sacramento and Washington,
D.C. The Board intended the Legislative Platform to be a dynamic document(updated
annually)that guides staffs actions on a number of policy issues.
For 2007, the Legislative Platform has been updated to include the goals recommended by
members of the Steering Committee at the October 25 Legislative Strategic Planning session.
These goals, in addition to the policy statements,will guide the legislative affairs team in 2007.
The policy statements within the Platform have not been changed or updated.
In August 2006, the Steering Committee adopted a set of procedures for taking positions on
bills. These procedures are also included in the 2007 Platform.
The updated Platform is a more comprehensive document encompassing the major focus areas
of the legislative program.
PRIOR COMMITTEEIBOARD ACTIONS
The Board adopted the Legislative Platform in December 2005 with an update (adding
procedures for taking positions on bills) adopted in August 2006.
PROJECT/CONTRACT COST SUMMARY
N/A
BUDGET IMPACT
❑ 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
N/A
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Page 1
ALTERNATIVES
N/A
CEQA FINDINGS
N/A
ATTACHMENTS
2007 Legislative Platform
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Page 2
Orange County Sanitation District
2007 Legislative Platform
Legslat�e Updaks � ll �
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Orange County Sanitation District
2007 Legislative Plaffoan
Legislative Affairs Team
OCSD Staff
Michael Gold (714) 593-7529 mgold@ocsd.com
Legislative Affairs Liaison
Robert Ghirelli (714) 593-7400 rghirelli@ocsd.com
Interim Assistant General Manager
James D. Ruth (714) 593-7110 jruth®ocsd.som
Interim General Manager
Federal Lobbying Team
Eric Sapirstein (202) 466.3755 asap@
ENS Resources ensresources.com
John Freshman (202)274-2850 john.freshman@
Troutman Sanders Public Affairs troutmansanders.com
Sacramento Lobbying Team
Platinum Advisors
Scott Baugh (949) 794-7260 scoftbaugh@aol.com
Holly Frumeni-Shinstock (916) 443-8891 hcf®
latinumadvisors.com
Townsend Public Affairs
Christopher Townsend (949) 399.9050 cownsend®
TownsencIPA.com
Sean Fitzgerald (949) 399-9050 sfitzgeraldO
TownsendPA.com
Heather Dion (949) 399-9050 hdion*
TownsendPA.com
2
Originally Adopted December,2005
Revised August,2006
Orange County Sanitation Distdo
2007 Legislative Plafform
Introduction
The Orange County Sanitation District(OCSD) recognizes the need for an active State and
Federal legislative advocacy program to ensure the interests of the ratepayer and Board of
Directors are protected. Towards that end, the legislative affairs team monitors activities in
Sacrament and Washington, D.C. and takes appropriate action in support or opposition of
legislative initiatives.
Each year, the Board of Directors adopts a Legislative Platform, which is a summary of goals,
key issues and OCSD's policy position. The following legislative policies have been developed
by OCSD staff and legislative advocates in consideration of OCSD service area cities' and
policy needs. These Board-approved policies serve as OCSD's official positions of support or
opposition on issues of importance to the agency. The Legislative Platform is a dynamic
document, adopted annually and changing to the needs of the Board.
The legislative affairs team, in conjunction with the Board, may take appropriate action
consistent with the Legislative Platform, including, but not limited to, drafting letters, lobbying
legislators and staff and crafting bills.
Procedure for Taking Positions on Bills
1. Staff will track bills of greatest interest to the District, particularly those that fall within the
goals and objectives identified by the Board of Directors. Staff will monitor bills being
watched by similar agencies in Orange County (OCWD, MWDOC, etc.) as well as State
Agencies such as California Association of Sanitation Agencies (CASA), the California
Special Districts Association (CSDA) and the Association of California Water Agencies
(ACWA).
2. For those bills that are being tracked where there is clear policy direction stated in the
Board-adopted Legislative Platform, staff can send letters and give direction to the
lobbyists to advocate that position.
3. Where a particular issue is not urgent, all legislative letters will be hand-signed by the
Chair or Vice-Chair. If a matter is urgent, staff may use the signature stamp, so long as
a clear policy direction exists.
4. A summary of bills being tracked will be presented to the Steering Committee monthly.
5. When a bill does not fall within the scope of the Legislative Platform or is a politically
controversial issue, staff will seek direction from the Steering Committee.
3
Originally Adopted December,2005
Revised August,2006
Orange County Sanitation District
2007 Legislative Pladonn
State and Federal Legislative Goals for 2007
State Goals
• Sponsor legislation enabling OCSD to utilize design-build specifications for projects over
$10 million;
• Work with Legislature to ensure maximum opportunities are available for funding through
the November 2006 Bond Measures (Propositions 1 E and 84, as appropriate). These
efforts will be coordinated with the California Association of Sanitary Agencies (CASA);
• Develop an outreach and awareness campaign to ensure a greater understanding of
wastewater, infrastructure and property tax protection issues at the State, regional and
local levels;
• Monitor the implementation of the Global Warming Initiative (AB 32) passed in 2006 and
its impacts to OCSD;
• Follow efforts related to preemption of the safe land application of biosolids at State and
Federal levels;
• Explore programs to encourage the use of waterless urinals; and
• Plan one trip with Board members to Sacramento to educate legislators about OCSD
and its programs.
Federal Goals
• Build"coastal coalition"to discuss and authorize funding for secondary treatment and
pursue linkages to a possible 2008 State Water Bond;
• Continue to pursue appropriations for secondary treatment in conjunction with coalition
strategy;
• In partnership with other SARI partners, pursue appropriations (as needed) for
realignment of the Santa Ana River Interceptor Line (SARI);
• Coordinate President's Day Weekend tour of OCSD's facilities for Congressional staff;
• Follow efforts related to preemption of the safe land application of biosolids at State and
Federal levels;
• Pursue Homeland Security funding for security-related upgrades to OCSD (in -
partnership with Orange County Water District); and
• Plan trips with Board members to Washington, D.C. to lobby and educate legislators
about OCSD and its programs.
4
Originally Adopted December,2005
Revised August,2006
Orange County Sanitation District
2007 Legislative Platform
Federal and State Legislative Policies
1. Air Quality: OCSD is committed to complying with federal, state, and local air quality
laws and rules. OCSD is further committed to establishing an odor policy to assure that
the district is a good neighbor to the surrounding communities. Therefore, OCSD shall:
a. Support air quality legislation that emphasizes the use of advance technologies
and applicable market incentives, and incentives for the use of alternative fuels
and the development of the infrastructure for alternative fuel vehicles.
b. Support measures that maintain and enhance local decision-making authority,
where appropriate, in the development and implementation of air quality
attainment strategies.
c. Support legislation to ensure greater consistency between the Califomia and
Federal Clean Air Acts; including the need to demonstrate cost-effective public
health or environmental benefit if California elects to exceed federal standards.
d. Support strategies that clearly demonstrate and provide for the most cost-
effective means for meeting air quality goals.
e. Support, in concept, legislation that would utilize incentives and pricing strategies
as a preferred alternative to traditional command and control regulations for
meeting emission reduction objectives for all sources.
f. Oppose actions that preclude implementation of the Air Quality Management
Plan (AOMP) to the extent that such actions could subject the basin to sanction
or conformity penalties.
2. Biosolfds: OCSD strives to beneficially use biosolids through multiple management
options performed at reasonable costs that are protective of public health and the
environment.Therefore, OCSD shall:
a. Support legislation that supports the use of biosolids as on non-food production
agricultural lands.
b. Support policies that encourage biosolids product use by horticulture and retail
consumers.
c. Oppose legislation that bans the use of biosolids for land application in any
region, county, or state.
d. Support science-based legislation that establishes a state-wide regulatory
system for biosolids management.
3. Grant Funding: OCSD is committed to offsetting its research, special projects and
wastewater infrastructure project and construction costs by obtaining funding through
grants and cooperative agreements.Therefore, OCSD shall:
a. Support appropriations legislation, bonds, programs, and projects that provide
funding for infrastructure construction and rehabilitation, special studies and
research or projects relating to security, environmental education, water quality,
wastewater processing, urban runoff, water conservation, and water recycling.
5
Originally Adopted December,2005
Revised August,2006
Orange County sanitation District
2007 Legislative Pladorm
b. Support projects that provide for public benefit, over projects that are primarily
intended for private benefit or gain.
c. Support continued federal funding for protecting and realigning the Santa Ana
River Interceptor project and for secondary treatment upgrades.
d. Oppose proposals placing further requirements on grant recipients that return low
value for high administrative costs.
4. Labor Relations: OCSD is committed to the exercise of and provision of orderly
procedures for the administration of employer-employee relations, including, but not
limited to, meeting and conferring in good faith with recognized employee organizations
regarding the wages, hours of work, and other terms and conditions of employment.
Therefore, OCSD shall:
a. Support measures to reform current workers compensation formulas to rely on
higher thresholds for compensation or a proportionate exposure formula.
b. Support health insurance reform that does not create additional financial burdens
on special districts.
c. Support measures to ease applicability of the Fair Labor Standards Act(FLSA)
on public agencies.
d. Oppose any measure imposing compulsory and binding arbitration with respect
to public employees.
e. Oppose any measure that imposes upon local government mandated employee
benefits that are more properly decided at the local bargaining table.
I. Oppose efforts reducing local control over public employee disputes and
imposing regulations on an outside agency.
g. Oppose any measure granting public employees the right to strike.
h. Oppose a new mandatory Social Security tax for public employers and public
employees.
S. Planning:OCSD ensures the long-range planning of capital improvement programs In
order to deliver the highest quality facilities:Therefore, OCSD shall:
a. Support reform of existing state, regional, and local planning processes only if
directly linked to reforms in the current revenue and tax structure of state and
local governments.
b. Support measures that provide new revenues for growth management and the
public facilities necessary to support expected growth.
c. Support proposals encouraging regional, sub-regional or countywide cooperation
in planning urban development strategies, especially those that provide funding
for effective implementation of agreed upon goals.
d. Oppose legislation consolidating special districts that fail to address the concerns
of cities affected by the proposed consolidation.
6
Originally Adopted December,2005
Revised August,2006
Orange County Sanitation District
2007 Legislative Pledonn
e. Oppose measures that prevent or restrict the ability of cities or special districts to
participate in the Southern California Association of Governments' (SCAG) sub-
regional process.
6. Public Health: Protection of public health is OCSD's core mission. OCSD will work
cooperatively with county and state health officers to assure local health protection.
Therefore, OCSD shall:
a. Support hazard mitigation, emergency response, planning and recovery through
direct legislation, policy directives and funding toward floodplain security within
the Santa Ana River watershed.
b. Support (generally) measures that provide for improved public health through
regulation.
c. Support the protection of public health through the construction and
implementation of advanced wastewater treatment technology.
7. Public Works: OCSD is committed to the achievement of effective and efficient projects
that provide wastewater treatment services that benefit its ratepayers. Therefore, OCSD
shall:
a. Support measures that provide funding and support to publicly owned treatment
works and sewerage collection systems.
b. Support legislation that allows public agencies to procure goods and services in
manners similar to private industry, thereby reducing overall costs of delivery.
c. Support legislation that improves the Utility Underground Service Alert Program
in order to improve coordination, identification, minimize damage, minimize
environmental risks and minimize cost exposure to publicly owned facilities when
contractors are performing sub-surface work.
d. Support a comprehensive response to the State's electricity and natural gas
shortages that provide a stable energy supply, respects the ability of
municipalities to provide power, recognizes that infrastructure (i.e. emergency
and standby generators) exists that could be employed temporarily during weak
periods with minimal air quality impact and protects ratepayers (including cities
and special districts) against dramatic rate increases and statewide power
outages.
e. Support legislation that allows OCSD to utilize the Best Value Design/Build
option for the construction of public works projects.
8. Revenue and Taxation: Track pending legislation to ensure OCSD remains in
compliance with the government code as it pertains to wastewater system user fees and
property tax revenues and the investment of public funds. Therefore, OCSD shall:
a. Support measures leading to a greater financial independence from the state and
would result in greater stability and predictability in local government budgeting.
b. Oppose measures that impose mandated costs for which there is no guarantee
of local reimbursement or offsetting benefits.
7
Originally Adopted December,2005
Revised August,2006
Orange County Sanitation District
2007 Legislative Platform
c. Oppose legislation that shifts tax revenues away from local governments without
the adequate provision of a constitutionally guaranteed backfill to offset the lost
revenues of those local governments.
d. Oppose measures that allow state retention of existing local revenue sources,
including the special district share of property tax, sales tax, vehicle license fees
and rate payer fees.
e. Oppose the use of revenues traditionally used to fund the delivery of municipal
services to fund programs for which the state is responsible, particularly the
courts, health, and welfare programs.
9. Special Districts: OCSD supports the maintenance of special districts to provide
specific services, in response citizen's demands, in a cost effective manner. Therefore,
OCSD shall:
a. Support outreach to local, regional, and state elected officials to foster a greater
understanding regarding the critical relationship between adequate reserves and
the successful short-and-long-term operation of water and wastewater agencies.
b. Support the work of the Association of California Water Agencies (ACWA),
California Association of Sanitation Agencies(CASA), and California Special
Districts Association (CSDA) in any future discussions or negotiations pertaining
to the legislative and budget issues relative to preserving control of members'
reserves.
c. Oppose further state regulations that adversely impact special district financing
and operations.
d. Oppose measures that create or grant powers to sub-regional or regional bodies
that would result in an infringement on clearly local concerns.
e. Oppose any administrative or legislative efforts to access or transfer any reserve
funds held by water and wastewater districts.
f. Oppose the imposition of unfunded, mandated programs on local governments.
10.Water Ouality and Supply: OCSD is committed to participating collaboratively in the
protection of regional water resources for the benefit of the people we serve. Therefore,
OCSD shall:
a. Support continued federal and state funding for the Santa Ana River Interceptor
Relocation project.
b. Support (generally) measures to increase water supply and improve water quality
in the region.
c. Support measures that would increase funding for water reuse technologies,
including support for the Groundwater Replenishment System project by the
Orange County Water District and OCSD to create new water supplies through
recycling.
d. Support U.S. Army Corps of Engineers projects for Orange County regarding
watershed and water quality protection and sand replenishment.
8
Originally Adopted December,2005
Revised August,2006
Orange County Sanitation District
2007 Legislative Pladonn
e. Support measures that promote and provide for the use of reclaimed water.
f. Support'watershed-based"solutions, including cost-shared studies with the US
Army Corps of Engineers of water quality impairments that reflect state-of-the-art
science.
g. Support policy development, funding, and research for addressing urban runoff
and beach closures, including funding for studies that identify the sources of
bacterial,viral and other contaminants and human pathogens.
h. Support measures to evaluate water quality standards, as needed, to ensure the
objectives are appropriately protecting the designated use.
L Support measures to develop a state-wide consistent policy for total maximum
daily load (TMDL) listing and delisting.
j. Support State General Fund subventions and Bond revenue to special districts
for local and regional efforts that educate the public on urban runoff, which
provide for long-term capital improvements (like storm drain diversions and
filters), and encourage municipalities to implement Urban Runoff Best
Management Practices at the local level.
k. Support legislation that would retain any Regional Board fines levied against a
permit violator within the Region of the fine.
I. Support legislation that provides"amnesty"from administrative civil liability (ACL)
fines from Regional Boards for agencies participating in comprehensive
watershed studies that will, when complete, address the problem that resulted in
the ACL fine.
m. Support efforts, including legislation, clarifying Regional Water Quality Control
Board requirements that necessitate expedition of funds are unfunded mandates.
n. Support measures addressing non-point source pollution in order to protect our
ocean water quality and provide funding to mitigate its effects.
o. Support measures for alternative energy sources.
p. Support efforts to reduce the toxic and non-reusable waste load.
q. Support legislation and regulations that promote improved water use efficiency in
construction of water efficient buildings and communities.
r. Support legislation that promotes improved water use efficiency through state
and federal assistance in evaluating and implementing new programs and
technologies and increasing public awareness of water use efficiency.
s. Support legislation that provides for groundwater management on a local level,
with respect to coordination of programs, extraction and production rights, long-
term protection and groundwater quality protection.
It. Support legislation that provides for the development of the watershed approach,
including watershed management plans and watershed based permitting.
u. Oppose proposed environmental constraints on government agencies that would
result in economic damage to the region while providing only minimal protections.
v. Oppose efforts to make all NPDES permits the same. Requirements of other
permits may be too onerous or not applicable. OCSD's permit should be tailored
to the Orange County region and watershed.
9
Originally Adopted December,2005
Revised August,2006
Orange County Sanitation District
2007 Legislative Pladorm
w. Oppose the imposition of statewide/nationwide fees for environmental cleanup
that is privately caused or regional in nature (e.g.,when the nexus between those
responsible for environmental abuse and those required to pay for cleanup or
mitigation is absent).
x. Support measures supporting urban runoff studies and urban runoff reduction.
y. Support Coastal Water Quality efforts to ensure that clean beach projects remain
a top priority for the state, whether through negotiations on upcoming resources
bonds, in setting of legislative priorities, implementation of funding programs, and
in any other relevant process.
10
Originally Adopted December,2005
Revised August,2006
STEERING COMMITTEE MeedngMe Tosd.aroo-.
1
1
/16/0
6 11/I6/a6
AGENDA REPORT Item Number Item Number
_ eb
Orange County Sanitation District
FROM: Robert P. Ghirelli, D.Env., Acting Assistant General Manager
Originator: Michael Gold, Legislative Affairs Liaison
SUBJECT: Renewal of State and Federal Legislative Advocate's Contracts for 2007
GENERAL MANAGER'S RECOMMENDATION
Authorize a one-year renewal to the agreements for State and Federal Advocacy services from
January 1, 2007 through December 31, 2007, in a form approved by General Counsel, as
follows:
Sacramento Representatives
Scott Baugh (currently with Platinum Advisors) $5,000 per month
Townsend Public Affairs (TPA) $5,000 per month
Federal Representatives
Eric Sapirstein and John Freshman $10,000 per month
(ENS Resources and Troutman Sanders Public Affairs)
SUMMARY
Last year, the Steering Committee and Board approved agreements for State and Federal
Legislative Advocacy Services, granting the Steering Committee the option to renew all
agreements for one additional year, at their discretion. Pending any further action from the
Steering Committee, 2007 would be the last year of the "renewal option." Sometime next year,
the Steering Committee will have to fully discuss all options for legislative advocacy services
and give direction regarding the most appropriate course of action.
In 2002, OCSD began a more aggressive approach to legislative advocacy by hiring lobbyists in
both Sacramento and Washington, DC. During that time, OCSD's advocates have brought in
grant funds, and lobbied on our behalf.
Some of the notable accomplishments include over$4.6 million in Federal Grants, advocacy in
support of District-sponsored legislation and up-to-date reporting on the changing political
landscape.
In the coming year, there will be significant, positive changes to the District's legislative
program. In October, members of the Steering Committee participated in the first legislative
strategic planning session to develop goals and objectives for 2007; and in 2006, the District
created a Legislative Affairs Liaison position to have a dedicated,full-time staff person to
manage the legislative and grant programs.
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In addition to the goals that were developed In October 2006, the Board has also implemented
the following:
• Monthly reports by all legislative advocates to staff and the Board of Directors describing
activities for the past and future months. All lobbyists have completed the task regularly.
• Regular Legislative Affairs Committee meetings with verbal reports from the lobbyists.
• Monthly updates to the Steering Committee and Board of Directors.
The chart below highlights the cost and benefits of the program to date.While no grants were
received in 2006, the amount in benefits continues to exceed the total costs by a factor of four.
OCSD Legislative Affairs Cost/Benefit
Comparison
(Nov. 2002 to Dec. 2006)
$5,000.000 . ,54.6 million
$4,000,000 ..........................................................................................
$3.000.000 .................................................................................................. _.
$2,000,000 ............................................................................................
$1.14 million
$1,000,000 ...............................................
$0
Costs Grants
The legislative program, based on direction given by the Steering Committee and Board,
continues to evolve. With the recent addition of a full-time Legislative Affairs Liaison, and the
ongoing evolution of the program, staff recommends extending the contracts for the final
option year allowing the program an additional year to evolve and giving Board members
ample time to evaluate the latest changes.
In mid-2007, staff will be returning to the Steering Committee and Board to discuss various
legislative advocacy options and conduct a thorough discussion regarding the appropriate levels
of State and Federal representation for the District.
NA,Mgenda4teenng CommtleeTW11 I K28eb)Nov 06 LobbrSI Conl,ac,s Rnb ldcc
Page 2
The goals developed in October can be used by the Board and Steering Committee as an
evaluation tool in making a more informed decision about legislative advocacy services.
PRIOR COMMITTEEIBOARD ACTIONS
• OCSD has been contracting for legislative advocacy services with Eric Sapirstein (ENS
Resources)since 1998.
• In 2002, The Board of Directors authorized contracting with Scott Baugh followed by an
authorization to contract with Townsend Public Affairs in 2003.
• Also In 2003, the Board increased the retainer paid to a ENS Resources to include the
services of John Freshman in seeking Federal appropriations and grants.
In December 2005, the Board approved agreements with all legislative advocates for a one-year
period (from January 1, 2006 through December 31, 2006) and granted the Steering Committee
the option to renew for an additional one-year period.
PROJECTICONTRACT COST SUMMARY
N/A
BUDGETIMPACT
® This item has been budgeted.
❑ 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
ATTACHMENTS
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Page 3
STEERING COMMITTEE Meeting Date To So.of Dir.
11/15/06 11/15/06
AGENDA REPORT Item Number Item Humbe
e2I gtm
Orange County Sanitation District
FROM: James D. Ruth, Interim General Manager
SUBJECT: REVISING RULES OF PROCEDURES RESOLUTION AND DELEGATION OF
AUTHORITY RESOLUTION
GENERAL MANAGER'S RECOMMENDATION
(1) Adopt Resolution No. OCSD 06-25, Establishing Rules of Procedure for the Conduct of
Business of the District;and, Repealing Resolution No. OCSD 04-15; and,
(2) Adopt Resolution No. OCSD 06-26, Establishing Policies and Procedures for the Award
of Purchase Orders and Contracts; Award of Public Works Project Contracts;
Professional Services Contracts; and Delegation of Authority to Implement said Policies
and Procedures; and Repealing Resolution No. OCSD 04-08.
SUMMARY
The two resolutions are intended to implement the recommendations for streamlining Board and
Committee functions and the Board's request for changes to election of the Board ChairNice
Chair. Proposed changes to the resolutions are shown in underline/strikeout format in the
attached documents.
PRIOR COMMITTEE/BOARD ACTIONS
Resolution No. OCSD 04-08, Delegation of Authority, was adopted in March, 2004.
Resolution No. OCSD 04-15, Rules of Procedure,was adopted in May 2004.
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
The proposed changes to the resolutions are in three main areas:
• Resolution No. OCSD 06-26 (Delegation of Authority)- Section 7.01 is changed to
implement changes In the authority of the standing committees. Standing Committees
will now have authority to approve agreements with a value up to $200,000 plus a
specified contingency percentage to be managed by the General Manager.
• Resolution No. OCSD 06-25 (Rules of Procedure)—Section 1(L) is changed to
implement the new Standing Committee structure and membership requirements
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• Resolution No. OCSD 06-25 (Rules of Procedure)—Section 1(G) is changed to amend
the procedure for electing the Chair and Vice Chair of the Board of Directors. This issue
was not part of the original streamlining recommendations but was raised during the
workshop discussion.
ALTERNATIVES
N/A
CEQA FINDINGS
N/A
ATTACHMENTS
Proposed Resolution No. OCSD 06-25
Proposed Resolution No. OCSD 06-26
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RESOLUTION NO. OCSD 06-25
ESTABLISHING RULES OF PROCEDURE FOR THE
CONDUCT OF BUSINESS OF THE DISTRICT
A RESOLUTION OF THE BOARD OF DIRECTORS OF
ORANGE COUNTY SANITATION DISTRICT FIXING AND
ESTABLISHING RULES OF PROCEDURE FOR THE
CONDUCT OF BUSINESS OF THE DISTRICT AND
REPEALING RESOLUTION NO. OCSD 04 2204=15
WHEREAS it is necessary to establish rules of procedure to facilitate the orderly
handling of business to come before the Orange County Sanitation District Board of
Directors and Standing, Steering, Special and Ad Hoc Committees.
NOW THEREFORE, the Board of Directors of the Orange County Sanitation
District ('District"),
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: Rules of Procedure. That the following rules of procedure be
adopted for the conduct of business of the District:
A. Regular Meetings. There shall be a regular monthly meeting of the Board
of Directors of the District on the fourth Wednesday of every month at 7:00 p.m., in the
Administrative Offices of the District, located at 10844 Ellis Avenue, Fountain Valley,
California; provided, however, if the fourth Wednesday of the month falls upon a legal
holiday, said monthly meeting shall be held on the next day thereafter, at the same time
and place, unless the Board adjourns to a different date and time certain.
The Board of Directors may adjourn any regular, special or adjourned special
meeting to a time and place certain, as specified in the order of adjournment.
B. Special Meetings. A special meeting of the Board of Directors may be
called in either one of the following ways:
(1) By the Chairperson of the Board of Directors; or
(2) By the written request of a majority of the Steering
Committee delivered to the BaaFd Sesretafy lark of the
Board.
wsas-TLw:pl11ee6+6:0s10*4 1
The call or notice for special meeting shall be in writing and delivered personally
or by mail at least twenty-four (24) hours before the time of such meeting, as specified
in the notice. Any notice deposited in the regular mail addressed to a Director at the
address he or she has on file with the BeardSesre"e Ierk of the Board postage
prepaid, sixty (60) hours in advance of any such meeting as specified in the notice, shall
be presumed to have been delivered.
The call or notice shall specify the time and place of the special meeting, a
description of the business to be transacted, and copies of all pertinent written
materials.
Such written notice may be dispensed with as to any Director or Alternate
Director who, at or prior to the time the meeting convenes, files with the @earl
SeeretapyClerk of the Board a written waiver of notice. Such waiver may be given by
telegram. Such written notice may also be dispensed with as to any member who is
actually present at the meeting at the time it convenes. The clerk of
the Board shall diligently attempt to notify each Director personally of the time, place
and purpose of said meeting, not less than twenty-four(24) hours before the time of
said meeting.
The call or notice shall be posted in the administrative offices' public lobby at
least twenty-four (24) hours prior to the special meeting.
C. Meetings Adioumed by Beard%esretawClerk of the Board. If at any
regular, adjourned regular, special, or adjourned special meeting, there is not a quorum
of Directors present, the Beard SeeretagClerk of the Board may declare the meeting
adjourned to a stated time and place and shall cause written notice of the adjournment
to be given in the same manner as for a special meeting, unless such notice is waived
as provided for in special meetings. Within twenty-four (24) hours after the time of the
adjournment, a copy of the order or notice of adjournment shall be conspicuously
posted on or near the door of the place where the meeting was held.
D. Notices to News Media. When any local newspaper of general circulation,
radio or television station requests, in writing, notices of meetings of the Board of
Directors, the Beard a^esre"a Ierk of the Board shall thereafter, until receipt of a notice
terminating said request, deliver notices of regular, regular adjourned, and special
adjourned meetings to such newspapers, radio or television stations. Delivery shall be
made in the same manner as delivery is made to the Directors.
E. Conduct of Meetings.
(1) Procedural Rules. The procedural rules for debate and
action shall be as set forth in Table 1, attached hereto and adopted herein by reference.
wsas-TLw:gaiewi6:osriaa 2
Robert's Rules of Order shall not be applicable or govern the procedures for the
conduct of District business.
(2) Legal Officer. In any case of ambiguity or uncertainty in the
interpretation or application of these Rules to any procedure, the presiding officer may
direct such question for a ruling to the Board's General Counsel, who shall be the
parliamentarian of the Board.
(3) Obtaining the Floor and Making Motions. Any member of
the Board wishing to speak, or any member of the public wishing to address the Board,
must first be recognized by the Chairperson. The Chairperson must recognize any
member of the Board who seeks the floor when appropriately entitled to address the
Board.
Any member of the Board, including the Chairperson, may
bring a matter of business properly before the Board by making a motion. Any member,
including the Chairperson, except the member making the motion, may second the
motion. Once a motion is seconded, it may be opened for discussion and debate, in
accordance with the procedures in Subsection (4) below.
(4) Rules for Discussion. Debate. and Deliberation by the Board.
The procedures for consideration and action on all matters to come before the Board
shall be in compliance with the terms of this Section, as follows:
(a) Each item on the Agenda will be introduced in a form
of a report by either Staff or Counsel.
(b) Upon completion of the report, the Chairperson will
allow for direct questions regarding the item, by Directors, each in turn, and in the order
as selected by the Chairperson.
(c) Upon completion of the question period, the
Chairperson will entertain a motion and second for consideration by the Board.
(d) Discussion among the Directors will follow. Each
Director will be recognized to address the Board in the order selected by the
Chairperson, with a five (5) minute time limit for each Member wishing to speak on the
Agenda item, unless the time limit is waived by the Chairperson. There will be no
interruptions of the Director who has been recognized. Attempted interruptions will be
declared out-of-order, and the Board Member attempting to interrupt will be asked to
remain silent until recognized.
wsas-Trw:Pi:#1W1eos/iaoa 3
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I
(a) As an additional courtesy to everyone, repetition of
comments will be discouraged in the interest of time, and at the discretion of the
Chairperson, can be declared out-of-order.
(f) After each Member who wishes to speak has been
recognized and completed his/her remarks, a single three (3) minute period of rebuttal
will be allowed any Director, unless the time limit is waived by the Chairperson.
(g) If it appears to the Chairperson that any Director is
pursuing a line of questioning or commentary due to lack of preparation or prior review
with the District's Staff, the Director's time will be declared to have been used up, and
no further inquiry will be allowed.
(h) Upon adoption of a motion on an Agenda item, there
will be no further discussion of that item.
(5) Decorum in Debate. All Members shall address their
remarks to the Chairperson and confine them to the business then pending and subject
to discussion before the Board, avoiding personalities and reflections upon anyone's
motives.
(6) Closing or Limiting Debate. At all times the Board shall
endeavor to allow free and open debate among Members of the Board. However, in the
discretion of the Chairperson, it may become necessary to close or limit debate, so that
action can be taken by the Board. An order by the Chairperson closing or limiting the
debate can only be set aside by a majority vote of the Board.
F. Quorum. A majority of the Directors shall constitute a quorum of the
Board.
G. Chairperson and Vice Chairperson of the Board. A Chairperson and Vice
Chairperson of the Board shall be elected by a majority vote of Directors at the regular
meeting in June of each year, and will assume office July 1 st. The nominations for
Chairperson and Vice Chairperson shall be made at the regular Board meeting in May
of each year. Any person nominated for Chairperson shall be deemed to be nominated
for Vice Chairperson in the event the person is not elected as Chairperson. Thereafter,
and-the nominees shall racy prepare a statement setting forth their qualifications for the
office soughtef6hair$ersen. The statements shall be mailed to members of the Board
of Directors with the Agenda and other meeting material for the June regular meeting.
WSBS-TLW:p1*164616:05/10/04 4
The Chairperson and Vice Chairperson shall serve at the pleasure of a majority
of the Directors. In the event the office of Chairperson becomes vacant due to
resignation or retirement of the incumbent prior to the expiration of the regular term, the
Vice Chairperson shall automatically succeed to the office of the Chairperson and shall
continue to serve through the remainder of the regular term unless sooner removed by
action of a majority of the Directors. In the event the office of Vice Chairperson
becomes vacant prior to the expiration of the regular term, nominations and the election
of a Director to serve in that capacity shall be conducted at the next regular Board
meeting. The person so elected shall serve the balance of the regularly-scheduled term
unless sooner removed as a result of action by a majority of the Directors.
Bireste , the Chairperson shall not serve more than two consecutive one-year terms
for which he/she has been elected to the office of Chairperson. The Vice Chairperson
shall not serve more than two consecutive one-year terms for which he/she has been
elected to the office of Vice Chairoerson.
H. Presiding Officer. The Chairperson of the Board shall preside during
meetings of the Directors. In the absence of the Chairperson, the Vice Chairperson
shall preside.
I. @eard-SesretwVClerk of the Board and Minutes. The Board of
Directors shall have a person designated to serve as Eleard Sesreta4yClerk of the
Board. The @Gard SesretaryClerk of the Board will be appointed to the position by the
General Manager and shall report to the General Manager or a Department Head as
designated by the General Manager. The Beard SesretaFyQ erk of the Board will be a
regular full time employee, subject to all the rules and policies applicable to all regular
full time employees. The Beard SWsliaryClerk of the Board shall attend all meetings of
the Board of Directors, unless excused by the Chairperson, and shall prepare an
accurate record of each meeting for submission to the Directors and subsequent
approval at the following meeting; provided, however, that when an adjourned, special
or special adjourned meeting of the Board of Directors immediately precedes a regular
meeting, Minutes of said meeting shall be submitted for approval at the next meeting of
the Board following said regular meeting.
In the preparation of Official Minutes of a meeting of the Board of
Directors, the Beard Sesre"glerk of the Board will not record the name of the Director
who moves or who seconds the adoption of a motion or Resolution, except the vote of
any individual Director shall be recorded upon that Director's request. The Minutes will
reflect the votes by name of Director when required by provisions of state law.
In the absence of the Beard Sesre"Clerk of the Board, a Secretary Pro
Tern shall be appointed to exercise the duties of the BeardSesretapyClerk of the Board.
WSBS-TLW:p1:8184616:0610104 5
I
J. Regular Business to Come Before the Board of Directors. Insofar as
practicable, all items of business to be taken up at a regular meeting of the Board shall
be submitted to the Beard Sesretaq/Clerk of the Board, who shall include on the
Agenda all such items submitted by Directors, the General Manager and General
Counsel, and all formal communications.
The Beard Sesreta� Ierk of the Board shall mail to each Director a notice of
such regular meetings, together with a proposed Agenda, not later than the Friday
immediately preceding such regular meetings. Said Agenda, insofar as possible, shall
include copies of Resolutions, except as hereafter provided, and a description of all
matters to be considered, together with any pertinent written materials.
Agendas shall be posted in a location freely accessible to the public not less than
seventy-two (72) hours in advance of the meeting.
Resolutions designated as "standard" and adopted by the Board of Directors
from time to time, and approved as to forth and content, need not be included with said
Agenda; provided, however, that the information completing said standard Resolutions
shall be set forth on the Agenda listing, and copies of said standard Resolutions shall be
on file with the Beard Seere" lerk of the Board at the meeting time and place.
Items of business not known at the time the regular Agenda is mailed as herein
provided, may be considered as supplemental Agenda items; provided that all
requirements of the Ralph M. Brown Act (California Government Code Sections 54950
et sec.) are satisfied.
No business, except with consent of two-thirds of the Directors present (a
majority of Directors present for emergency actions), and only if permitted by the Ralph
M. Brown Act, not appearing on the regular or supplemental Agendas may be brought
before the Board of Directors.
The meeting Agenda shall provide for an opportunity for members of the public to
address the Board on items on the Agenda and non-Agenda items of public interest. As
determined by the Chairperson, speakers may be deferred until the specific Agenda
item is taken for discussion, and remarks may be limited to three (3) minutes. Speakers
on non-Agenda items may address only items that are within the subject matter
jurisdiction of the Board of Directors. Time allotted for such presentations is limited to
three (3) minutes or less. Total time allotted for all public input on each non-Agenda
item is limited to thirty (30) minutes to one (1) hour, taking into consideration the number
of persons filing a request to address the Board. However, time allotments may be
waived by a majority vote of the Board.
WS&S-TLW:p1:M4616:05/10N4 6
K. Handling of Business and Voting. During the course of a Board meeting,
routine matters listed on the Agenda for consideration will be referred to by Agenda Item
Number only.
Voting on all Resolutions shall be by roll call, except if waived by unanimous
voice vote, in which event, the Chairperson may order a unanimous ballot cast in favor
of the motion or Resolution under discussion. The name of each Director shall be
called only once.
On matters of considerable interest or on which there appears to be a
controversy, the motion or Resolution shall be read by title or repeated by the
Chairperson. The Chairperson shall thereafter call for discussion of the motion or
Resolution, at which time any member may discuss the pending matter. Any person
other than a Director present at the meeting may speak on the motion if recognized by
the Chairperson. Sole discretion as to the extent of discussion outside of the
membership of the Board shall rest with the Chairperson. At the close of discussion,
the Chairperson may, at the Chairperson's discretion, repeat the motion or Resolution
pending, and thereafter, call for a vote.
The Beard SesrefaryClerk of the Board shall determine and state whether or not
a motion or Resolution is adopted by roll call vote. On all other matters, the
Chairperson shall determine the outcome of the voting.
L. Committees.
(1) Standing Committees.
(a) Steering Committee: There shall be a permanent Committee designated
as the Steering Committee, comprised of the Chairperson of the Board, the Vice
Chairperson of the Board, the immediate past ChaWpersen of the Reard, the
Chairperson of each of the Standing Committees, and three at-lame members selected
by the Chairperson of the Board.
The Vice Chairperson of each of the Hxee-two Standing Committees shall serve as the
designated Alternate, in the absence or inability to serve by any Chairperson.
The Committee shall also conduct an annual performance evaluation of the
General Manager and submit recommendations on his/her compensation to the-Board
of Directors. The Committee shall also review the General Manager's evaluation and
compensation of the executive management employees, based on established criteria,
and executive management's goals and objectives for the following year.
wsas-TLw:pi:#18461s:o51mioa 7
i
I
The Committee shall also be authorized to assign new subjects of significant
importance to the District; to the appropriate respective-Standing Committee for study,
evaluation and recommendation.
The Steering Committee shall meet on the fourth Wednesday of each month at
5:00 p.m. preceding the Board's meeting, or at the call of the Chairperson of the Board
of Directors.
(b) Finance and
Administration Committee. There shall be a permanent
Human ReseurcesFinance and Administration Committee to advise the Staff and make
recommendations on matters related to the financial, budgeting, administrative and
personnel policies and programs of the District.
The Committee shall review with the Staff the procedures for development,
preparation and format of the annual budget and recommend appropriate change, and
counsel the Staff during the budget process to assure the proper interpretation and
implementation of the Board's policies and that the desired procedures have been
followed.
The responsibility for consideration and adoption of the District budget rests with
the Board of Directors.
The Committee is-�- shall periodically interview and recommend the
selection of outside auditors. The Committee shall review the result of the annual audit
of the District's accounts with representatives of the outside audit firth, including any
comments received recommending improvements. The Committee shall review
management's response to these comments and make appropriate recommendations
for implementation.
Periodically, the Committee shall recommend employment of an outside firm to
audit internal control procedures to safeguard the assets of the District.
The Committee shall interview and make recommendations on the employment
of investment-banking firms, bond counsel, and if necessary or desired, financial
advisors to be used in connection with the District's financing programs.
The Committee shall periodically coordinate recommendations on personnel
audits of the District's operations or segments of the operations on an as-needed basis.
The Committee shall make recommendations on personnel policies and
procedures, labor negotiations, insurers and coverage, procurement procedures, and
such other related activities as may be needed or appropriate.
wsss-TMvi:K+e46+6:05/1 o 8
The Chaimerson of the Board of Directors shall appoint a Committee
Chairperson and a Committee Vice Chaimerson for the Finance and Administration
Committe
Human ReseursesFinance and Administration (;eFRFRO#ee shall be a
The Committee Chairperson and Committee Vice
Chairperson shall serve at the pleasure of the Chairperson of the Board of Directors.
The Finance and Administration Committee shall consist of thirteen members, as
follows:
(1) The Chairperson of the Board of Directors:
(2)The Vice Chairperson of the Board of Directors:
(3)The Committee Chair of the Finance and Administration Committee:
(4)The Committee Vice Chair of the Finance and Administration Committee: and
(5) Nine additional Board members appointed by the Chairperson of the Board of
Directors.
Other than the Board Chairperson and the Board Vice Chairperson, no Director who
serves on the Engineering and Operations Committee shall be eligible to serve on the
Finance and Administration Committee.
The Finance and Administration
Committee shall meet on the second Wednesday of each month at 5:00 p.m., or at the
call of its Chairperson.
(c) Engineering and Operations Committee.
There shall be a permanent Committee designated
the Engineering and Operation , AFAAl RAPXOPAA Committee. With
the goal of compliance with ail public health and environmental laws and regulations,
the Engineering and Operations, Committee shall
review and submit appropriate recommendations on the matters pertaining to the
operation of the District Treatment Works, including such matters as current and
projected service/flow needs, level and quality of treatment, conservation, recycling and
reuse activities, and air quality issues.
The Committee shall also review issues pertaining to the District's NPDES
Ocean Outfall Discharge Permit, including annual review of the oontractor(s) performing
the ocean monitoring and research programs required as a condition of said permit, and
related issues regarding protection of the marine waters off metropolitan Orange
WS&S-TLW:pj:#164616:05/10/04 9
County's coastline from impacts resulting from the District's operations and discharge of
treated wastewater.
The Committee shall also review matters pertaining to contractual arrangements
by the District to provide sewerage services to areas outside the District's boundaries or
approved spheres of influence.
The Committee shall review plans for the future needs of the District, explore
alternatives and make recommendations to the Board of Directors. OR selufieas to the
RaRRing, Des gn and GGRRtR-1GtiQR Committee. in GaFFyiRg out its responsibilities, the
Digesters
The Engineering and Operations Committee
shall also review and submit appropriate recommendations on matters pertaining to
capital projects which address operational idenfified by the OpeFations,
including the selection of professional
consulting services to assist in studying, planning and designing needed District
Treatment Works and support facilities, including computerized systems, in accordance
with the Board's established policies and procedures for procuring such services; the
Committee shall further review construction projects for said facilities in accordance with
applicable public works laws and Board policies. Said oversight shall include the
contracts for professional services and public works construction projects and addenda
or change orders thereto. In carrying out its responsibilities, the Committee shall
receive advance notice and regular status reports on the projects from Staff, and
monitor, visit and observe the District Treatment Works' operational functions and major
capital construction projects.
The Chairperson of the Board of Directors shall appoint a Committee
Chairperson and a Committee Vice Chairperson of the Planning, Pesigaaad
6enstwetien-Engineering and Operations Committee, she'! be appointed by-t4e
Ghadrpefsen of the Board of DiFOGIOrS. The Committee Chaimerson and Committee
Vice Chairperson shall serve at the pleasure of the Chairperson of the Board of
Directors.
WS&S—TLW:pl.#181G1 S:OW10Po6 10
The Engineering and Operations Committee shall consist of fourteen members,
as follows:
(1) The Chairperson of the Board of Directors:
(2)The Vice Chairperson of the Board of Directors:
(3)The Committee Chair of the Engineering & Operations Committee:
(4)The Committee Vice Chair of the Engineering and Operations Committee:
and
(5)Ten (10)additional Board members appointed by the Chairperson of the
Board of Directors.
Other than the Board Chairperson and the Board Vice Chairoerson, no Director who
serves on the Finance and Administration Committee shall be eligible to serve on the
Engineering and Operations Committee.
The Engineering and Operations Committee
shall meet on the first Thursday of each month at 5:00 p.m., or at the call of its
Chairperson.
the immediate Past r-haiFp8F6GR tG one of the CeFRFRi#ees.
(2) Special and Ad Hoc Committees. In addition to the Standing Committees,
the Chairperson of the Board of Directors, or the Chairperson of a Standing Committee,
or a majority of the Directors, may appoint, from time to time, Special or Ad Hoc
Committees to study and report on specific matters. Such Committees shall be
temporary in nature, and their assignments shall pertain to a current, specific issue.
Upon completion of the assigned task, the Ad Hoc or Special Committee will be
dissolved.
The Chairperson and Vice Chairperson of Special and Ad Hoc Committees shall
be appointed by the Chairperson of the appointing authority.
Each Special ander Ad Hoc Committees shall meet at the call of its Chairperson.
M. Motion to Refer to a Standing Committee. Any Director at a Board
meeting may move to have a policy or any other activity affecting the District, or any one
of the member Agencies, referred to a Standing Committee for study and report. This
motion shall be a privileged motion, and when duly seconded, discussion thereof shall
W S&S-TL W:p{AH W16.W1 OM4 11
be limited to Directors only. Said motion shall receive an affirmative vote of a majority
of the Directors for adoption.
Section 2: Procedure for Consideration of Demands for Corrective Action.
A. Requirement of Written Demand. Prior to any person commencing
a judicial action for injunction or mandamus to declare any action taken by the Board
void because of failure to observe Brown Act requirements, such person must first
serve upon the I3eard Seers" Jerk of the Board a written demand describing the
alleged violation and demanding corrective action. Such demand must be served upon
the @card SesretagClerk of the Board within thirty (30) days of the complained of
action. Failure to serve any such demand within this thirty (30) day period shall result in
the loss of any right to challenge any action to have been taken in violation of Sections
54953, 54954.2, or 54956 of the California Government Code.
B. Consideration of Corrective Action. Upon receipt of such a
demand, consideration of the demand shall immediately be placed on the Agenda for
the next meeting of the Board of Directors. If the demand is received less than seventy-
two (72) hours prior to the time set for the next meeting, the Board may determine that
the notice constitutes the initiation of litigation, and that the need to take action on the
threatened litigation arose subsequent to the posting of the Agenda, and may consider it
at that meeting pursuant to Section 1(J) above. A description of any item so placed on
the Agenda shall include both consideration of the demand, and the possibility of
corrective action by the Board.
In considering such demands, the Board shall first determine, by motion, whether
corrective action should be taken. If no motion to take corrective action is carried, the
Dowd SesretaryCle. k of the Board shall inform the demanding party in writing of the
Board's decision not to cure or correct the challenged action.
C. Imolementina Corrective Action. If a motion to take corrective
action passes, the Chairperson may entertain a motion implementing corrective action.
Any motion implementing corrective action shall address the concerns raised in the
consideration of corrective action. The motion implementing corrective action may
include a motion to rescind prior action taken, as appropriate. Passage of a motion to
rescind invalidates prior action only as of the time of the passage of the motion, and not
from the date of the initial action. A motion implementing corrective action resulting
from a written demand is out-of-order if the action complained of(a)was in connection
with the sale or issuance of notes, bonds, or other evidences of indebtedness, or any
contract, agreement, or incident thereto; or (b) gave rise to a contractual obligation upon
which a party has, in good faith, detrimentally relied. In any event, the Board shall notify
the party making the demand in writing of its decision to take corrective action, and shall
describe any corrective action taken. This notice shall be given to the demanding party
WS&S-TLW:pj:9184616:05110/06 12
as soon as possible after the meeting, but in no event more than thirty (30) days after
receipt of the demand.
Section 3: Resolution No. OCSD 94-2304=15 is hereby repealed.
Section 4: This Resolution shall become effective-wpen-adeptienJanuary 1.
2007.
PASSED AND ADOPTED at a regular meeting held May 26, 209 November 15.
2006.
Chair
ATTEST:
@ear9 Seere"Qerk of the Board
WSSS-TLW:pj:M164616:05H0M4 13
TABLE 1
BOARD PROCEDURES AND ORGANIZATION
SUMMARY OF MOTIONS
A. PRIVILEGED MOTIONS
Kind of Second
Motion Require Debatabi Amendab Vote Purpose
d e to Required
Adjourn Yes No No Majority To end the
meeting
To Take a Yes No No Majority
Recess To interrupt a
meeting for a
short time or to
provide an
Raise a No No No None intermission
Question of
Privilege To obtain action
immediately in
an emergency
B. MAIN MOTION AND RELATED
SUBSIDIARY MOTIONS
Kind of Second Vote
Motion Require Debatabi Amendab Required Purpose
d e le
Main Yes Yes Yes Majority To introduce
Motion new
business
Yes Yes Yes Majority
Amend To modify or
Main alter
Motion Yes Yes Yes Majority a motion
Substitute To replace the
Motion Yes No No Majority main
motion entirely
Previous
Question To close debate
on the main or
Yes Yes Yes Majority amended
wsas-TLw:pI:#184816:oa1pM4 14
motion
Continue to immediately
a Certain Yes No No Majority
Time To defer action
To Table
To discontinue
Yes No No Majority consideration
until
brought back by
Take a vote of the
Motion Board
from the Yes No Yes Majority
Table To bring before
the
group a motion
Yes Yes Yes Majority previously
Limit or tabled
Extend
Limits
of Debate No No No None To limit or
extend
Refer to a limits of debate
Committee
Yes Yes No Majority.
Must be by a To place
Withdraw Director who business
Motion voted for the in hands of a
prevailing Committee
side on the
Reconsider original To withdraw a
motion motion before
it is voted on
To secure a new
vote on a motion
previously voted
u on
W 685-TLW:pI:a164616:05/10104 15
C. INCIDENTAL RULES
NON41ANKING
Kind of Second vote
Motion Required Debatable Amendabl Required Purpose
e
Request to Yes No No Two-Thirds To facilitate
Suspend business
the ordinarily
Rules contrary to
the rules of
the
organizatio
n
Yes No No Majority
Override To have
Order of Board
the majority
Chair rule
No No No None on the
order
Point of
Order To enforce
the rules of
the
organizatio
n
wsss-TLw:q:aieasi6:osnaw 16
O�JNjV SAN17'q T/0
2 � �
c 9
-9�r
FpT/N� E
RESOLUTION NO. OCSD 94-0806-26
ESTABLISHING POLICIES AND PROCEDURES FOR: THE
AWARD OF PURCHASE ORDERS AND CONTRACTS; PUBLIC
WORKS PROJECT CONTRACTS: PROFESSIONAL SERVICES
CONTRACTS: AND DELEGATION OF AUTHORITY TO
IMPLEMENT SAID POLICIES AND PROCEDURES
A RESOLUTION OF THE BOARD OF DIRECTORS OF
ORANGE COUNTY SANITATION DISTRICT (DISTRICT
OR OCSD) ESTABLISHING POLICIES AND
PROCEDURES FOR THE AWARD OF PURCHASE
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
RESOLUTION NO. OCSD 89 2304 08
TABLE OF CONTENTS
ARTICLE I: RECITAL OF FINDINGS...................................................Page 1
Section 1.01: Findings: Declaration of Intent.
ARTICLE If: TERMS AND DEFINITIONS..............................................Page 2
Section 2.01: Terms and Definitions
ARTICLE III: DELEGATION OF AUTHORITY—GENERAL..................Page 5
Section 3.01: Purpose and Scope.
Section 3.02: Authorizing General Manager to Establish Rules
and Guidelines.
Section 3.03: Procedure for Delegation of Authority
➢ Approval Levels
a. Co-signatures
b. Procedural Requirements
c. Special Consideration for Extraordinary
Projects I Events
Section 3.04: Purchasing System Adoption
Section 3.05: Purchasing Division Delegated Authority
Section 3.06: Procurement Card Program
Section 3.07: Requisitions
Section 3.08: Cooperative Procurement
Section 3.09: Purchases: Emergency
Section 3.10: Purchases: Sole Sources; Standardized Prices,
Specialized Services, and Sole Sources
Section 3.11: Purchase Orders
Section 3.12: Purchases: Encumbrances of Funds
Section 3.13: Blanket Purchase Orders
Section 3.14: Surplus Supplies, Materials, and Equipment.
Section 3.15: Sale of Real Property.
Section 3.16: Recordkeeping
ARTICLE IV: OPERATIONAL SUPPLIES, MATERIALS.....................Page 12
EQUIPMENT& SERVICES, INCLUDING
PROFESSIONAL SERVICE CONSULTANTS
(EXCLUDING PUBLIC WORKS CONTRACTS OR
PROFESSIONAL DESIGN SERVICE AGREEMENTS)
Section 4.01: Purpose and Scope.
Section 4.02: Purchases: Bidding Requirements.
Section 4.03: Bidding Procedure: Purchases Greater than
$50,000.
Section 4.04: Purchases between $50,000 and $100,000.
Section 4.05: Bidding Procedure: Purchases Less Than
$50,000.
Section 4.06: Bidding Procedure: Purchases Less
Than $5,000.
Section 4.07: Inspection and Testing.
Section 4.08: Purchases: Negotiated Contracts.
Section 4.09: Request for Proposal Procedure.
ARTICLE V: PROFESSIONAL DESIGN SERVICE AGREEMENTS...Page 18
Section 5.01: Purpose and Scope.
Section 5.02: Retention of Professional Design Consultants.
Section 5.03: Facilities Engineering Project.
Section 5.04: Facilities Engineering Project: Approval of Plans
and Specifications.
Section 5.05: Facilities Engineering Project: Annual Budget
Approval.
Section 5.06: Facilities Engineering Project: Selection of
Consultants— Procedure.
Section 5.07: Major Capital Project: Approval of Plans and
Specifications.
Section 5.08: Major Capital Project: Scope of Work
a. Proposals—Notice Requesting
b. Staff Screening Committee
c. Proposal—Contents
d. Review of Proposals by Staff Screening
Committee
a. Procurement& Negotiation of Agreement
f. Continuation of Services
g. Specialized Services
h. Agreement for Services
I. Conflict of Interest
Section 5:09: Major Capital Project: Selection of Consultants—
Procedure.
ARTICLE VI : PUBLIC WORKS CONSTRUCTION CONTRACTS........Page 26
Section 6.01: Purpose and Scope.
a. Notice Inviting Bids
b. Bidder's Security
c. Bid Opening Procedure
d. Rejection of Bids
e. Tie Bids
I. No Bids
g. One Bid
h. Emergencies
I. Surety Bonds
j. Cost Records
Section 6.02: Public Works: Bidding Required.
Section 6.03: Bidding Procedure: Public Works Construction
Greater than $35,000.
Section 6.04 Public Works Projects
a. Close-out Agreements
iii
b. Notice of Completion
c. Time Extension to Construction Contract
Agreement
ARTICLE VII: AWARD AUTHORIZATION............................................Page 29
Section 7.01
GensWtantsA reements. Amendments & Change
Orders:
A. Asimaq,-Agreements&-Rurehases
B. Amendments & Change Orders
C. Change Orders to Existing Agreements
Section 7.02 Facilities Engineering Projects:
A. Task Orders
B. Amendments
Section 7.03
Sew ees
A.AFn8Rdmer+ts
Seetiea-704 Public Works Projects:
A.P*nwy-AgreeFRea6>
A.Ghangs QFdeFs
GA. Close-Out Agreements
9-8. Notice of Completion
€C. Time Extension to Rublte
WeOisConstruction Contract Agreement
ARTICLE Vlll: TRAINING, MEETINGS, AND RELATED TRAVEL
EXPENDITURES ...........................................................Page 35
Section 7.01: Purpose and Scope.
Section 7.02: General.
Section 7.03: Policies and Procedures.
ARTICLE IX: MISCELLANEOUS.........................................................Page 37
Section 8.01: Noncompliance.
Section 8.02: Severability.
Section 8.03: Effective Date.
Section 8.04: Repeal of Prior Resolution.
iv
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, materials and equipment, and that purchases
of supplies, services, materials and equipment by the local agency shall be in
accordance with said duly adopted policies.
B. Califomia Govemment 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, materials, 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, and to clearly
define authority for the purchasing function, and to establish bidding procedures, a
purchasing system for OCSD 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 will
enable timely and responsive administrative acquisition of supplies, services, materials,
and equipment. 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 OCSD's operations.
Resolution No.OCSD 0408 1 of 35
ARTICLE II
TERMS AND DEFINITIONS
Section 2.01: Terms and Definitions.
A. 'Amendment or Change Order"shall mean written agreements
entered into and between the Professional Service Provider or Contractor and OCSD,
properly executed, covering alterations, changes, additions, or deletions to the Contract
which are necessary for the proper completion of the work.
B. "Capital Facilities"shall mean those public works owned by
OCSD that are currently in existence.
C. "Capital Facilities Operational Projects"shall mean the routine,
recurring, and usual work for the preservation or protection of any public works, as well
as any minor repainting, landscape, maintenance, or work performed to keep, operate,
and maintain OCSD's water, power and wastewater disposal systems. This work shall
include modification or repair, or the replacement of parts, equipment, and facilities.
D. "Capital Improvements"shall mean those public works that are
to be newly-erected or constructed by OCSD in the future.
E. "Change Order"shall mean written agreements entered into and
between the Contractor and OCSD, for Public Works Contracts, properly executed,
covering alterations, changes, additions, or deletions to the Contract, which are
necessary for the proper completion of the work.
F. "Competitive Bidding"shall mean the process and procedure
whereby OCSD, in accordance with California Public Contract Code Section 20783,
prepares Plans and Specifications for the construction of public works; publishes a
Notice Inviting Bids, and at a fixed time opens all bids received; and subsequently
awards a Construction Contract to the lowest responsive and responsible bidder.
G. Design Agreement"shall mean a contract between OCSD and
a Professional Design Consultant who is licensed, certified, or registered by the State of
California to perform professional services. For OCSD purposes, these individuals shall
be known as "Professional Design Consultants".
H. 'Facility Engineering Project"shall mean 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 $100,000 (inclusive of
amendments)for each project.
I. "Force Account"shall mean work that is performed solely by
OCSD employees which has a cost value, including labor, overhead, parts, and
supplies, in an amount not to exceed $5,000 for each Project, except as allowed in
Resolution No.OCSD 04-08 2 of 35
Subparagraphs (a)and (b) below. It does not mean work performed for OCSD by
persons or an entity under contract to OCSD, even when said work may be ordered by
OCSD as being outside or beyond the original contract scope of work. OCSD
employees may perform work on contracts, without limitation on amount only,for one of
the following reasons:
(a) It is an emergency and performing the work with OCSD forces
is more expedient; or
(b)The Board of Directors has rejected all bids and by a four-fifths
vote declared that the work can be performed more economically
by day labor. A written cost effectiveness analysis must be placed
in the contract file.
This force account provision shall not apply to sewerage maintenance or repair work.
KJ. "Major Capital Projects"shall mean the construction, repair,
modification, or rehabilitation of OCSD's Capital Facilities, including treatment plants,
trunk sewers, pump stations, ocean outfall, administrative and support facilities, and
other facilities related to OCSD operations,where the cost of Professional Design and
Consultant Services are estimated to be in an amount in excess of$100,000 for any
project. These projects may require Selection Committee or Board approvals.
K6. "Professional Design Consultant"shall mean an individual or
firm providing engineering, architectural, environmental, land surveying, construction
management, and other similar services which are those professional services
associated with development and design for construction, alteration, or repair of public
works, as well as incidental services that members of these professions, and those in
their employ, may logically orjusfifiably perform, including studies, investigations,
surveys, evaluations, consultations, planning, inspections, shop drawing reviews,
sample recommendations, cost estimates, inspections, preparation of operation and
maintenance manuals, and other related services, all of which must be incidental to
OCSD awarding a contract for the construction of public works.
MIL. "Professional Design Service Agreement"shall mean a
Contract between OCSD and a Professional Design Consultant to provide services to
OCSD for professional engineering, architecture,environmental, land surveying, and
similar services as a non-employee of OCSD.
ABM. "Professional Service Consultant" shall mean an individual or
firm (other than a "Professional Design Consultant"), providing professional services to
OCSD, such as, but not limited to, accounting and financial services, information
technology,general research, evaluation of systems design related to wastewater
treatment systems, legislative evaluation and advocacy, human resources consultation
and advocacy, and miscellaneous scientific research and consultation.
Resolution No.OCSD 00-08 3 of 35
QN. 'Professional Service Consultant Agreement'shall mean a
contract between OCSD and a Professional Consultant to provide services to OCSD as
a non-employee of the District.
PO. Public Works"shall mean all buildings, structures,facilities,
improvements, or works that are owned or operated by OCSD for the benefit of the
public and which were or are being constructed, altered, demolished, or repaired under
contract and paid for, in whole or in part, out of public funds.
QP. Public Works Contract shall mean an Agreement between
OCSD and another party for the erection, construction, alteration, repair, or improvement
of any public works of any kind. Public Works projects estimated more than $35,000
must adhere to the provisions of the California Public Contract Code.
Q. "Standing Committees" shall mean the Steering Committee.
Engineering and Operations (E&O) Committee. and Finance and Administration
Committee.
R. "Task Orders" shall mean miscellaneous technical support
authorized under a current contract. The speck task must have a defined budget and
be completed within the total budget of the existing prime contract.
Resolution No.OCSD 04-06 4 of 35
ARTICLE III
DELEGATION OF AUTHORITY - GENERAL
Section 3.01: Purpose and Scope.
In an effort to remove barriers that prevent OCSD employees from performing
their jobs at the highest level of efficiency, a delegation of authority structure will
appropriately provide staff with information on its increased responsibility and ownership,
hence, it will contribute to the improved efficiency and effectiveness of OCSD.
Section 3.02: Authorizina General Manager to Establish Rules and
Guidelines.
The levels of authorization to award purchase orders and contracts to acquire
services, including professional services, supplies, materials, and public works project
contracts, are as more particularly specified in Article VII herein.
The General Manager of OCSD is hereby authorized to establish rules and
guidelines to implement Board policies and to delegate to Staff, signature authority to
initiate the procurement process, as specified in Articles IV through VII herein.
Section 3.03: A. Procedure for Delegation of Authority.
These procedures establish the framework and boundaries within which a
delegate can operate, and also provide Management with a mechanism to evaluate
implementation and hold the delegate 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, the job position, and specific level of delegated
authority as Staff Level A, B, or C, respectively(as set forth in Section 7.01A below), and
filing it with the Contracts/Purchasing Manager. The General Manager shall establish
further procedures to implement delegated authority into the organization.
To commence the procurement process for acquisition of operational supplies,
services, materials, and equipment, public works contracts governed by state law and
professional and design service agreements, signature authority is hereby established
asset forth in Section 7.01A below. 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.
The General Manager may delegate authority for all purposes under this
Resolution to a Department Head to act in the General Manager's absence.
Resoluton No.OOSD 04.08 5or35
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 and purchase orders will be
signed by the Contracts/Purchasing Manager, or his designee upon approval of the
delegated authority speed in Section 7.01A.
2. All purchases for computer hardware, software, copiers,
faxes, 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 supplies, materials, equipment or services, 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 forth 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.
D. Special Consideration for Extraordinary Protects/ Events.
The Board of Directors, at its discretion, may temporarily increase the General
Managers purchasing approval and amendment!change order authority due to
circumstances it finds critical to the operation. In addition, the Board may also allow the
replenishment of the General Manager's amendment/change order authority, once
exhausted, back to its original level, if necessary.
Section 3.04: Purchasing System Adoption.
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 goveming
Board of Directors in the adoption of this Resolution. Full compliance with the
provisions of all Articles in this Resolution is required.
Section 3.05: Purchasing Division Delegated Authority.
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 the 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
Re"ficin No.OCSD 0408 6 of 35
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, contracts, purchase orders, and other related documents. The Board
Secretary shall be the designated Custodian of all original executed copies of contracts,
purchase orders, and other related documents which are approved by the Board of
Directors. The Purchasing Department shall be the designated Custodian of all other
executed contracts.
D. To discourage uniform bidding and endeavor to obtain as full and
open competition as possible on all purchases and sales.
E. 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 of the
sewage treatment process.
F. To prepare rules, regulations, procedures, and administrative
policies, and revisions thereto, governing the warehousing of inventories.
G. To keep informed of current developments in the field of
purchasing, including but not limited to prices, market conditions, and new products.
H. To prescribe and maintain such forms as are reasonably
necessary for the implementation of this Resolution and other rules and regulations of
OCSD.
L To review and recommend specifications to establish minimum
standards for all purchases.
J. To supervise the inspection of all supplies, services, materials,
and equipment purchases to insure conformance with specifications.
K. To provide for the transfer of surplus or unused supplies and
equipment between Departments, as needed.
L. To have custodianship and control of all inventories and surplus
property.
M. To maintain a bidders' list, vendors' catalog file, and records
needed for the efficient operation of the Purchasing Division.
N. To review, approve, and maintain active insurance documents for
all OCSD procurements.
Resolution No.OCSD 04-08 7 of 35
O. 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 terns and conditions of the original agreement remain the same. In such
event of an assignment of the purchase order or contract by the supplier, OCSD 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 shall be executed by the General
Manager, or his designee on OCSD's behalf.
P. To undertake such other and future duties as, in the Director of
Finance's discretion, are incidental and necessary to the conduct of the Division.
Section 3.06. Procurement Card Program.
OCSD has established a Procurement Card ("Procard") Program allowing
specifically authorized employees to purchase goods and services with a total dollar
value less than $1,000, thereby eliminating the purchase requisition, purchase order,
invoice, and check requirements for these purchases. Approval for use of a Procard
must first be obtained from OCSD's Procard Administrator, with the concurrence of the
Contracts/Purchasing Manager and appropriate Department Head. All employees
authorized by the Finance Department to use a Procurement Card shall do so only in
accordance with OCSD's Procurement Card Policies and Procedures.
Section 3.07: Requisitions.
All OCSD employees who need or require supplies, services, materials, or
equipment to carry out the defined duties of their positions, shall submit requisitions, in
advance,for purchases or warehouse requisitions to Purchasing, in accordance with the
adopted rules, regulations, procedures, and policies of the Purchasing Division. Usage
of OCSD's procurement cards shall be exempt from this requirement.
Section 3.08: Cooperative Procurement.
A. OCSD,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,or public
agency alliance, in accordance with an agreement between OCSD and the other public
agency.
B. OCSD, through Purchasing, may sell to, acquire from, or use any
property (other than real property) belonging to another public agency, including the
cooperative use of supplies or services.
C. Purchasing may, at its discretion, procure from the County of
Orange Cooperative Purchasing Program, the State of California Multiple Award
Schedules Program and the Department of General Services Program, the California
Association of Public Purchasing Officers Program, the Western States Contracting
Alliance, the County of Los Angeles' Cooperative or Piggyback Programs, and U.S.
Communities Alliance, without obtaining bids and following procedures set forth below, if
Resolution No.OCSD 0408 8 of 35
the Contracts/ Purchasing Manager determines that goods or services procured through
said Programs are cost-favorable to OCSD.
Section 3.09: Purchases: Emergency.
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 OCSD, 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 Thousand ($100,000) Dollars without observing the procedures set forth in
this Resolution. The General Manager or his designee, shall advise the OCSD 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 3.10: Purchases: Standardized Prices, Specialized Services.
and Sole Sources.
A. The Purchasing Division may make purchases of supplies,
materials, equipment or services without observing the bidding and Board approval
procedures of Section 4.13 below when:
1. Items to be purchased have a demonstrated uniformity in
price; or
2. An emergency arises which is, or may cause, a threat to
the continued required operations of Reclamation Plant 1 or Treatment Plant 2; or
3. Purchases are immediately necessary for the preservation
of life or property, or to avoid a threat to the public health or safety; or
4. The Provider of goods or services is determined to be
uniquely qualified to provide specialized goods or perform specialized services.
5. It is determined that there is a sole source Provider that
has goods and services available immediately that might not otherwise be available at
such time purchasing procedures could be completed, and Staff determines such items
are critical to OCSD's operations;
a. For sole sources greater than$100,000, the General
Manager, or his designee, shall advise the OCSD Chair and/or Vice Chair, as
appropriate, of the action to be taken,and such action shall be ratified by the Board of
Directors at its next regular meeting.
b. Sole sources between $50,000 and $100,000 shall be
approved by the General Manager and reported to the Board of Directors quarterly.
c. All sole sources shall require pre-approval from the
requesting Department Head, the Contracts/Purchasing Manager and the Director of
Finance.
Reeolo8on No.OCSO 04-08 9 of 35
Section 3.11: Purchase Orders.
Purchases of all supplies, services, materials, or equipment shall be made by
purchase order through use of a requisition, 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.
Employees requisitioning supplies and equipment shall be responsible that 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.
In accordance with OCSD's Records Retention Policy, Purchasing shall retain in
its files one (1)copy of all purchase orders issued during the 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 3.12: 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 a sufficient budget item
against which said purchase is to be charged, and which is not pledged towards any
other specific purchase.
Section 3.13: Blanket Purchase Orders.
The Purchasing Division may issue annual blanket purchase orders for recurring
purchases of miscellaneous supplies that:
A. Are not carried in stock in OCSD's warehouse because of
economic considerations;
B. Are stock items that have been designated as appropriate sole
source acquisitions;
C. Have been competitively bid because Purchasing determines it is
in the best interests of OCSD to issue a blanket order for inventory items; or
D. Are for miscellaneous supplies, services, materials and equipment
where such purchase may be procured from a single vendor during the budget year,
without observing the procedures prescribed in Section 4.03 below when, in the
Purchasing Division's discretion, it is determined that such blanket purchase orders are
at a cost favorable to OCSD and will result in a 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.
Resolution No.OCSD OFOB 10 of 35
Section 3.14: 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 the authority, as deemed appropriate by the Contracts I
Purchasing Manager, to sell, exchange for, or trade in on new supplies, materials, and
equipment, or dispose, as deemed appropriate, of all supplies, materials, and equipment
which cannot be used by any other Department or Division, or which have become
unsuitable for OCSD use.
Section 3.15: Sale of Real Property.
No negotiations concerning the sale of real property of OCSD may be made
without prior review from the Contracts/Purchasing Manager and the General Counsel.
No real property of OCSD may be sold without prior approval of the Board of Directors
Section 3.16: Recordkeeping.
A record of all sales of 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.
ReaWuuon No.OOSD 00-0e 11 of 35
ARTICLE IV
OPERATIONAL SUPPLIES, MATERIALS, EQUIPMENT &
SERVICES, INCLUDING PROFESSIONAL
SERVICE CONSULTANTS
(EXCLUDING PUBLIC WORKS CONTRACTS OR
PROFESSIONAL DESIGN SERVICE AGREEMENTS)
Section 4.01: Purpose and Scope.
In order to establish efficient procedures for the purchase of supplies, materials,
equipment and services, including Professional Service Consultants, 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; and to establish bidding procedures pursuant to Section 54202 of
the Government Code of the State of California, a purchasing system is deemed
necessary. This Article does not apply to Professional Design Service Agreements and
Public Works Contracts,which are defined and governed by Articles V and VI below.
Section 4.02: Purchases: Bidding Requirements.
Except as hereinafter provided, purchasing of supplies, materials, equipment or
services, including Professional Service Consultants, shall be by bid procedures as set
forth in this Article IV, when the purchase is estimated to have a value greater than Five
Thousand ($5,000) Dollars; the supplies or services may be obtained from more than
one vendor; are not standardized as to price; and no emergency exists.
Section 4.03: Bidding Procedure: Purchases Greater Than $50,000.
A. Award to Lowest Bidder. Except as otherwise provided in this
Article IV, purchases of supplies, materials, equipment or services, including
Professional Service Consultants, of an estimated value greater than $50,000 shall be
by written contract or purchase order with the lowest responsive and responsible bidder
(unless a Request for Proposal solicitation instrument is utilized), pursuant to the
procedures prescribed herein.
B. Award Approval. Purchases of supplies, materials, equipment or
services, including Professional Service Consultants,that are identified and have
appropriate not to exceed contractual pre-approvals, as outlined in each Fiscal Year's
annual budget, to include capital equipment, shall be bid and awarded directly by the
Contracts/ Purchasing Manager, or as delegated by the Contracts/Purchasing
Manager in accordance with the procedures in this Section 4.03.
Supplies, materials, equipment or services, including Professional Service
Consultants, not budgeted, or which exceed the Board or pre-approved amount, or
subsequent increases to the contract above the original amount identified and approved
in the budget year the contract was awarded (both pre-approved or Board approved), or
Resolution No.OCSD D4-08 12 of 35
which affect policy recommendations or ratifications, or are sole source contracts
exceeding $100,000. and all applicable public works contracts, shall require Board of
Directors' approval prior to issuance or award of a purchase order or contract, except as
provided in Section 7.01(B).
C. Notice Inviting Bids. A Notice Inviting Bids shall be published
and 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 publication or posting of the Notice shall be at least ten
(10)days before the date of opening the bids. Notice may be published in a newspaper
of general circulation, printed and published within OCSD's jurisdiction; or by electronic
bulletin board procedures designed to reach the industry or market of supply; or through
OCSD's Internet Web Site.
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 OCSD, or who have requested their names
to be added thereto.
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
Contract's Purchasing Manager.
D. Bidder's Security. When deemed necessary by Purchasing, a
bidders security may be prescribed in the contract specifications or in the Notice Inviting
Bids. Purchasing, or those assigned by Purchasing, shall maintain said bidders
security. Bidders shall be entitled to the return of a bid security upon the full execution of
an awarded contractor issuance of a purchase order by the successful bidder. 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 OCSD is responsible for a delay in the prescribed time.
The Contracts/Purchasing Manager may, on refusal or failure of the successful bidder
to execute the contract, award it to the next lowest responsive, responsible bidder. If
the Contracts/Purchasing Manager awards the contract to the next lowest bidder, an
amount of the lowest bidders security equal to the difference between the low bid and
the awarded bid shall be forfeited to OCSD, and the surplus, if any, shall be returned to
the lowest bidder.
E. Bid Opening 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 pubic 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 available 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
Resolution No.ODSD 04-08 13 of 35
RFP's will be opened, and only the name of the Proposer shall be read aloud at the time
and place set forth therein.
F. Refection of Bids. At his discretion,the Contracts/Purchasing
Manager may reject any and all bids presented and re-advertise for bids. If all bids are
rejected, the Contracts/Purchasing Manager 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 re-advertising for bids, the Board of Directors or
Contracts/ Purchasing Manager may accept the one it chooses or accept the lowest bid
made by negotiation with the tie bidders at the time of the award.
H. Performance Bonds. Purchasing shall have the 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 OCSD. 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 4.04: Purchases between $50,000 and $100,000. Purchasing
may award a contract to purchase supplies, materials, equipment or services, including
Professional Service Consultants, in an amount greater than $50,000 and less than
$100,000,without obtaining bids and following the procedures all as more particularly
set forth in Section 4.03 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 supplies, materials, equipment or services, including
Professional Service Consultants, immediately that might not otherwise be available at
such time as purchasing procedures could be completed; or
C. Said contract for supplies, materials, equipment or services,
including Professional Service Consultants, includes Board of Directors' approval for
multiple one(1)year renewal periods at the Districts option. All such contracts shall not
exceed the prescribed limit of renewal periods as defined by the Board of Directors and
shall require the Contracts/ Purchasing Manager's approval; or
D. The supplies, materials, equipment or services, including
Professional Service Consultants, are only available from a sole source; or
E. Whenever an emergency arises which is, or may cause, a threat
to the continued required operations of Reclamation Plant 1 or Treatment Plant 2, or
when purchases are immediately necessary for the preservation of life or property, or to
avoid a threat to the public health or safety.
Rewlution No.OCSD 04-08 14 of 35
Section 4.05: Bidding Procedure: Purchases Less Than $50,000.
Purchases of supplies, materials, equipment or services, including Professional
Service Consultants, of an estimated value in the amount of$50,000 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 4.03 above. The
procedures to be used for these purchases are as follows:
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, materials,
equipment or services, including Professional Service Consultants, without observing the
procedures prescribed in Subparagraphs A, B, and C above, if supplies, materials,
equipment or services, including Professional Consultant Services 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 4.06: Biddina Procedure: Purchases Less Than $5,000.
Purchasing may purchase supplies, materials, equipment or services, inducting
Professional Service Consultants of a value in the amount of$5,000 or less per
purchase order, without observing the procedures prescribed in Section 4.05 when, in
the Contracts/ Purchasing Manager's discretion, it is determined that observing such
procedures would not result in a lower overall cost to OCSD. Record of such decision
shall be fully stated in the purchase order file as to the reason therefor.
Section 4.07: Inspection and Testina.
The supplies, materials, equipment or services delivered, including performance
or deliverables resulting from a Professional Service Contract, shall be inspected to
determine their conformance with the specifications set forth in the purchase order or
contract. Purchasing shall have the 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.
Rwolu0on No.OCSO 0" 15 of 35
Section 4.08: Purchases: Negotiated Contracts.
Notwithstanding other provisions of this Resolution, the Board of Directors may,
when it appears in the best interests of OCSD, authorize the Staff to negotiate and
award a contract for the purchase of supplies, materials, equipment or services,
including Professional Service Consultants,without observing the procedures prescribed
in Sections 4.03, 4.04 and 4.05 above.
A. When such authorization has been granted for the purchase of
supplies, materials, equipment or services, including Professional Service Consultants,
of an estimated value in the amount of$100,000 or greater, the Staff shall obtain the
concurrence of OCSD Chair and/or Vice Chair, as appropriate, prior to awarding such
purchase.
B. Whenever any contract for supplies, materials,equipment or
services, including Professional Service Consultants, has been entered into between
OCSD and a person or entity, and Purchasing determines that it is in the best interest of
OCSD 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 4.03 and 4.05 above; provided, the original contract
contains provisions for subsequent extension periods; has been approved and awarded
by the Board of Directors; and/or has prior contractual pre-approval, as provided in
Section 4.03.
Section 4.09: Request for Proposal Procedure.
As deemed appropriate by the Contracts/ Purchasing Manager, a Request for
Proposal ("RFP") solicitation process may be employed in lieu of the competitive bidding
process. The RFP process may be used for goods or services that prove difficult to
quantify or describe. Therefore, Proposers are offered the opportunity to offer solutions.
Award shall be based upon criteria which provide the "best value" received by OCSD,
which is not solely determined by price.
A. All Purchases—All Levels. Except as otherwise stated below, the
RFP process shall follow bidding thresholds and procedures as outlined in Sections 4.03
and 4.05 above.
B. Purchasing shall solely prescribe the Request for Proposal (RFP)
procedure and award criteria. OCSD's RFP procedure shall be on file and available
with the Contracts/Purchasing Manager or designee.
C. The Contract/Purchasing Manager shall solely prescribe and
approve all RFP Evaluations team members.
D. In order to avoid actual or perceived conflicts of interest, members
of the Board of Directors are prohibited from participating in the RFP Evaluation process,
except in those instances where the potential provider shall directly serve and report to
the Board or its respective Committee(s)or when approved to do so by the Board Chair.
E. OCSD maintains a Conflict of Interest Code pursuant to California
Government Code Sections 87100 et seq.,which governs the activities and performance
Rwoluthn No.OCSD 04-08 16 of 35
of duties of its Directors, officers, employees, or agents in the conduct of project work for
OCSD.
F. No Director, officer, employee, or agent of a Professional Service
Consultant under contract with OCSD, 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
OCSD. Acceptance of food and refreshments of a nominal value on infrequent
occasions, and acceptance of gratuities or gifts shall not be deemed a violation of this
provision, provided that W said items exceed $340, or the amount as fixed by California
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 OCSD's Conflict of Interest
Code;and provided, further, that any Director, officer, employee, or agent, as a
designated employee under OCSD's Conflict of Interest Code, shall report any amount
of gifts on his/her annual Statement of Economic Interests, as required by said Code.
G. Any fine seeking selection under these procedures that violates
OCSD's Conflict of Interest Code shall be automatically disqualified.
H. Any fine solicited to violate the Code must report said solicitation
to the Board of Directors, or it will be automatically disqualified.
Rwolullon No.OCSD 00-08 17 of 35
ARTICLE V
PROFESSIONAL DESIGN SERVICE AGREEMENTS
Section 5.01: Purpose and Scope.
OCSD, 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 5.02: Retention of Professional Design Service Consultants.
This Resolution establishes a procedure to be followed in the selection and
retention of Professional Design Consultants in the areas of engineering, architecture,
environmental, land surveying, and construction management services.
Professional Design 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, all of which must be incidental to OCSD awarding a contract
for Construction or Public Works. Services for product testing are excluded.
It is recognized that no two individuals or forms have equal skills, training, or
experience, and that the qualities of such firms vary. Accordingly, Professional Design
Consultants shall be selected based upon OCSD's discretion and opinion as to which
particular Consultant is best qualified to perform the work (hereinafter referred to as the
"project") in question.
For purposes of this Resolution, "firth" shall mean any individual, firth,
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 Califomia, as required by law.
Re olutbn No.OCSD 04-08 18 of 35
C. A principal member of the firm's staff must have the minimum
appropriate experience in responsible charge of work of the type involved in the project.
The appropriate experience required will solely be determined by OCSD staff.
D. At least two (2) additional members of the firm's staff must have
appropriate experience in responsible charge in the field or fields required by the project.
The appropriate experience required will solely be determined by OCSD staff.
E. The firm shall be capable of performing the work within the
prescribed time limitations considering the current and planned workloads of the firm.
F. If all other factors are equal, preference shall be given to a locally
based firm when more than one firm is being considered.
G. If the project is funded, either in whole or in part, by state or
federal funds that require, as a condition of establishing or maintaining eligibility for state
or federal funds, that fines working on the project maintain an affirmative action
employment program, then the fine selected for the project must certify to having such a
program.
OCSD also recognizes that the scope of services and the qualifications of
consultants can differ significantly between major capital facilities projects and facilities
engineering projects. The criteria set forth in Paragraphs C and D above may be
waived by OCSD for Facilities Engineering Projects.
The procedures set forth in this Resolution shall govern the retention of
Professional Design Consultants.
Section 5.03: Facilities Engineering Proiect:
"Facilities Engineering Project" is defined as a miscellaneous capital
improvement or facility modification, replacement, or repair project, related to plant
safety, reliability or efficiency enhancements where professional design consulting
services are estimated to be in an amount not to exceed $100,000 ($75,000 for original
Task Order and $25,000 for any additional amendments)for each project.
Section 5.04: Facilities Engineering Project: Annual Budget
Approval.
Upon approval by the Board of Directors of an annual budget, OCSD's Director
of Engineering or OCSD's Contracts/ Purchasing Manager, or their designees, 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 Facilities Engineering Projects, as defined and
prescribed herein.
Section 5.05: Facilities Engineering Project: Selection of
Consultants — Procedure.
A. OCSD's Staff shall compile a master pre-approved list of not less
than 5, nor more than 10 firms having the required expertise to perform the required
Resolution No.OCSD 04-M 19 of 35
professional service for a Facilities Engineering Project. The master list of firms will be
selected based upon a solicitation, review of qualifications, and Board approval of the
agreements including up to two annual optional renewals. Upon selection and approval,
the Professional Design Consultant shall execute the District's Professional Design
Service Agreement. The original term of the agreement shall be for one(1)year.
Thereafter, the Director of Engineering (DOE)shall be authorized to recommend to the
General Manager, an extension of the qualified Professional Design Service 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
Design Service 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 Facilities Engineering Project
arises, OCSD will implement the Agreement by issuing a Task Order Identifying the
specific project by name and number, and include the approved scope of work required
of the consultant for the project. There is a maximum annual fiscal year contract
limitation of$200.000 for each Professional Design Service Agreement under the
provisions of this Section 5.05.
C. The DOE 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 DOE, 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 DOE, or his designee, shall review the
proposals specifically addressing cost and ability to meet OCSD schedule requirements.
Based on the evaluations,the DOE is authorized to award the original Task Order.
D. Once the Professional Design Consultant is selected for the award
of a Facilities Engineering Project and the Task Order is executed by OCSD, the DOE
shall issue the Notice to Proceed.
Section 5.06: Facilities Engineering Project: Approval of Plans and
Specifications.
The Board of Directors delegates to the Director of Engineering (DOE), as a
Professional Registered Engineer, the authority to approve the design, plans, and
specifications for the construction of a new or modified OCSD facility that is deemed a
Facilities Engineering Project, as defined in Section 5.03 above.
Section 5.07: Malor Capital Protect: Scope of Work.
A. For every project approved by the General Manager, the RBG
CeramilteeE &O Committees, or the Board of Directors, and for which outside
professional consulting services are required, OCSD Staff shall develop a
comprehensive scope of work.
B. The scope of work shall define the extent of the services and the
time required.
Resolution No.OCSD 04-05 20 of 35
Section 5.08: Major Capital Project: Selection of Professional Design
Consultants— Procedure.
For the employment of any Professional Design Consultant or Professional
Service Consultant for major capital projects budgeted and approved by the Board of
Directors, the following procedures shall apply:
A. Proposals—Notice Reguesting. 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 fines submitting proposals on the project.
OCSD shall maintain a comprehensive list of professional consultants'
demonstrated competence. 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 PDC-E &O Committee as described in Paragraph D below.
In order to avoid actual or perceived conflicts of interest, members
of the Board of Directors are prohibited from participating in the RFQ Evaluation process
except in those instances where the potential provider shall directly serve and report to
the Board or its respective Committee(s)or when approved to do so by the Board Chair.
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 fine 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-benefit 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.
naeowuon N..oCSD W 08 21 a135
fi
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 E2 and E3 below.
9. Contain a conflict of interest disclaimer.
10. Provide any other information required to properly evaluate
the frm's qualifications and familiarity with the types of problems applicable to the
project.
D. Review of Proposals by Staff Screening Committee
1. The Staff Screening Committee shall review, and evaluate
proposals, negotiate fees, and determine and make recommendations to the ADGE & O
Committee as to which firm is deemed to be fully qualified to provide services sought by
OCSD based on the firm's demonstrated competence and qualifications.
2. The Staff Screening Committee, upon making a
determination of the fully qualified firms, shall rank the firms considered, based upon the
qualifications and in order of preference.
E. 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 Screening Committee will, at its discretion, invite
the firth that is considered to be the best qualified to appear before the Staff Screening
Committee.
2. The proposal for fees associated with the services, as
submitted by the selected fine, shall be presented in sufficient detail to enable the Staff
Screening Committee to adequately ascertain the level of effort associated with 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; per diem rate(s)with a maximum amount; or a lump sum (fixed)fee.
4. If it is the decision of the Staff Screening 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 Screening Committee in its recommendation to the RDGE &O
Committee and the Board of Directors.
Resolution No.OCSD 04-08 22 of 35
5. The Staff Screening Committee shall review the
compensation requested by the fine which shall be compared with the maximum fee as
previously established.
6. The final negotiated fee, as recommended to the PDGE &
O Committee and Board of Directors, shall be certified by the Staff Screening 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.
F. Continuation of Services.
1. In some instances when a qualified firm has satisfactorily
completed one phase in the development of a project, Staff shall, based on an outline
and recommendation of the scope of additional work, obtain Board approval to negotiate
with the same firth for additional services related to other phases of the project.
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.
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.
G. Specialized Services.
1. In the event that specialized professional services are
required, where it is determined that only one (1)qualified firth can best perform the
services for a specific project for professional fees estimated to be in an amount greater
than $50,000,the Staff Screening Committee will negotiate a Professional Design
Service Agreement or Professional Consultant Service Agreement, make
recommendations to the RBGE & O or other Standing Committee, and upon action by
such Committee, present it to the Board of Directors for approval.
2. The basis of selection of the specialized firm or individual
under Subparagraph G(1) above, along with the negotiated fee, shall be presented to
the Board of Directors for consideration.
H. Agreement for Services.
1. Upon approval by the Board of Directors of a negotiated
agreement for professional services, a contract shall be executed in a form approved by
the General Counsel.
Radolbn No.OCSD 04-M 23 of 35
2. The contract shall include, but not be limited, to the
following terms:
(i) A statement on the scope of the project.
(ii) The basis and individual elements of the fees.
(iii) The basis for payment to the firm.
(iv) The time limits in which the services must be
performed.
(v) Provisions for fee adjustments, should there be
changes in the scope of work.
(vi) If it is determined by the Standing Committee that
OCSD 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
Standing Committee.
(vii) For projects exceeding $50,000 in fees or in other
cases, as determined by OCSD, errors and
omissions insurance in an amount recommended
by the General Counsel or OCSD's Risk Manager
(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.
(viii) For projects that involve 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.
1. Conflict of Interest.
t. OCSD maintains a Conflict of Interest Code pursuant to
California Government Code Sections 87100 at seq., which governs the activities and
performance of duties of its Directors, officers, employees, or agents in the Conduct of
project work for OCSD.
Resolution No.OCSD 04-08 24of 35
2. No Director, officer, employee, or agent of a Professional
Design Consultant under contract with OCSD shall solicit or accept rebates, kickbacks,
favors, or other unlawful consideration from any individual or fine on behalf of any firm
that may be potentially selected as a qualified firm to provide professional consulting
services to OCSD. Acceptance of food and refreshments of a 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 $340, or the amount as fixed
by California 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 OCSD's Conflict of
Interest Code; and provided further, that any Director, officer, employee, or agent, as a
designated employee under OCSD's Conflict of Interest Code, shall report any amount
of gifts on his/her annual Statement of Economic Interests, as required by said Code.
3. Any firm seeking selection under these procedures that
violates OCSD's Conflict of Interest Cade shall be automatically disqualified.
4. Any firm solicited to violate the code must report said
solicitation to the Board of Directors or it will be automatically disqualified.
Section 5.09: Malor Capital Protect: Approval of Plans and
Specifications.
The procedure and authority for the approval of the design plans and
specifications for construction of new or modified OCSD major capital projects are as
follows:
A. For any project, if the engineer's estimate for the construction
contract, as provided by the Director of Engineering or OCSD's consulting design
engineer, is greater than the approved construction budget for the project, the Director of
Engineering shall submit the project to the PDO E& O Committee for recommendation,
and based thereon, to the Board of Directors for approval of the Plans and
Specifications.
B. For any project, if the engineer's estimate for the construction
contract, as provided by the Director of Engineering or OCSD's consulting design
engineer is equal to or less than the approved construction budget for the project, the
Director of Engineering shall submit the plans and specifications to the Board of
Directors for approval, and thereafter 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, as provided for in Article VI.
Resolution No.OCSD 04-DB 250135
ARTICLE A
PUBLIC WORKS CONSTRUCTION CONTRACTS
Section 6.01 : 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 OCSD, in an
amount greater than $35,000, as per California Public Contract Code Sections 20783 at
seq.
Section 6.02: Public Works: Bidding Required.
When the expenditure required for a public works construction project exceeds
$35,000. it shall be contracted for and let to the lowest responsive and responsible
bidder, in accordance with the provisions of California Public Contract Code Section
20783.
Section 6.03 : Bidding Procedure: Public Works Construction
Greater Than $35,000.
Procedures for soliciting bids and awarding contracts for public works projects for
more than $35,000 shall be in accordance with applicable provisions of California Public
Contract 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, General
and Special Provisions may be secured, and the time and place for receiving and
opening sealed bids.
1. Published Notice. Pursuant to California Public Contract
Code Section 20783, 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 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 jurisdictional boundaries of the District.
2. Bidders' List. The District may also solicit sealed bids
from all qualified, responsible, prospective suppliers whose names are on a Bidders' List
that may be maintained by OCSD.
B. Bidder's Security. When deemed necessary by the Purchasing
Division, a bidder's security may be prescribed in the Contract Specifications and in the
public Notice Inviting Bids. Bidders shall be entitled to the return of the bid security
upon full execution by the successful bidder of an awarded contract by OCSD. A
successful bidder may forfeit its bid security upon refusal or failure to execute the
Resolution No.OCSD 04-08 26 of 35
Contract within the prescribed time after the Notice of Award of Contract has been
delivered to the bidder, unless OCSD is responsible for the delay in the prescribed time.
The Board of Directors may, on the 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
bidders security equal to the difference in an amount between the low bid and the
awarded bid shall be forfeited to OCSD, 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 designee, or the
Secretary of the Board of Directors, as identified in the bid document, and shall be
identified as a bid on the envelope. Bids shall be opened in public, at the time and
place stated in the public notice. A tabulation of all bids received shall be available for
public inspection during regular business hours for a period of not less than thirty(30)
calendar days after the bid opening.
D. Bid Equal or Less Than Construction Budget. For any project,
upon receipt of bids for 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 may award a contract.
E. Bid Greater Than Construction Budget. For any project, upon
receipt of bids for construction, if the lowest responsive bid of a responsible bidder is
greater than the approved construction budget for the project, Staff shall present the bid
and a recommendation to the RBGE 8 O Committee for review and recommendation to
the Board of Directors.
F. Reiection of Bids. In its discretion, the Board of Directors may
reject any and all bids presented and re-advertise for bids. If, after the opening of bids,
all bids are rejected, the Board of Directors, on a Resolution adopted by a four-fifths
(4/5ths)vote, may declare that the work can be performed more economically by force
account, if in accordance with applicable provisions of California Public Contract Code,
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.
G. Tie Bids. If two (2) 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 re-advertising 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.
H. One Bid. When only one bid is received in response to a Notice
Inviting Bids (NIB), the bid may be considered and accepted if a determination is made
that(a)the specifications used in the NIB were not unduly restrictive, (b)the required
competition was solicited and it could have been reasonably assumed that more than
one bid would have been submitted, (c)the price is reasonable, (d)the bid is otherwise
in accordance with the NIB, and (a)all processes and procedures have been followed in
accordance with the Public Contract Code.
ResoluUon No.OCSD 04-08 27 of 35
I. No Bids. If no bids are received, OCSD may have the work done
by force account, may re-advertise for bids pursuant to the procedures herein, or may `
select a contractor by negotiation.
J. Emergencies. Whenever an emergency arises which is, or may
be, a threat to the continued operation of the wastewater facilities, support facilities,and
I or administrative facilities operated by OCSD, 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 Contract 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 Contract Code Section 22050. In such
event, the General Manager shall advise the OCSD Chair and/or Vice Chair, as
appropriate, of the action taken, and such action shall be confirmed by a four-fifths
(4/5ths)vote of the Board of Directors at its next regular meeting.
K. Surety Bonds. The Purchasing Division shall require a Faithful
Performance Bond and a Labor and Materials Bond. A Warranty Bond maybe 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 OCSD. The forth and amount of the Bond shall be described in the Notice Inviting
Bids, or in the Contract Specifications. Original Bonds for public works construction
contracts shall be kept in the official OCSD file which is maintained by the Board
Secretary.
L. Cost Records. Cost records shall be kept in the manner provided
in Sections 4000 to 4007 inclusive, of the California Government Code.
Section 6.03 : Bidding Procedure: Public Works Construction
Greater Than $35,000.
Section 6.04: Public Works Proiects
A. Close-Out Agreement.
The approval and execution of an original Close-Out Agreement shall be
made by the General Manager.
B. Notice of Completion.
The approval and execution of an original Notice of Completion shall be
made in accordance with the following delegations of authority:
Authorized Authority Authorized Action
Director of Engineering Authority to approve and execute all or
Purchasino Notices of Completion.
C. Time Extension to Public Works Contract.
Resolution No.OCSD 04-08 28 of 35
The approval and execution of an original Time Extension to Construction
Contract shall be made in accordance with the following delegations of authority
Authorized Authority Authorized Action
General Manager Authority to approve and execute
construction contract fime extensions.
Resolu8on No.OCSD 04-08 29 of 35
ARTICLE VII
AWARD AUTHORIZATION
7.01 AGREEMENTS, ONTRACTS, AMENDMENTS & CHANGE
ORDERS
A. Agreements & Centsasts
B. Amendments & Change Orders
C. Amendments & Change Orders to Existing
Agreements
7.02 FACILITIES ENGINEERING PROJECTS
A. Task Orders
B. Amendments
7.03PUBLIC WORKS PRO 'ECTS
A. Close Out Agreements
B. Natine of Completion
C. Time €xtensien to Constrdstien Contrast AgreemPRt
Pwoluuon No.OCSD 04-08 30 of 35
Section 7.01: ALL AGREEMENTS S, AMENDMENTS &
CHANGE ORDERS
This Section 7.01 applies to all Agreements. Amendments and Change
Orders entered into by the District.
A. Agreementsand-6enkasts
The award and execution of an Agreement_, PurGhase QFdeF OF GGAtraGt, by the
on behalf of OCSD, shall be made in accordance with
the following delegations of authority:
"Delegated Authorized
Authori Authorized Action
Staff Level C Authorization to approve budgeted
purchases less than or equal to$2,000.
Staff Level B Authorization to approve budgeted
purchases from$2,001 through$5,000.
Staff Level A Authorization to approve budgeted
purchases from$5,001 through $10,000.
Division Manager Authorization to approve budgeted
purchases from $10,001 through $25,000.
Department Director Authorization to approve budgeted
purchases from $25,001 through $50,000.
General Manager Authorization to review and approve
budgeted purchases between $50,001 and
an amount not to exceed $100,000. Items
to be reported to the Board of Directors on a
quarterly basis.
Assistant General Manager Authorization to review and approve
budgeted purchases between $50,001 and
an amount not to exceed $100,000. Items
to be reported to the Board of Directors on a
quarterly basis.
Standing Committees Authorization to approve purchases over
$100,000 to $200.000, with the exception of
pre-approved purchases pursuant to
Section 4.03 and emergency items pursuant
to Section 4.4 herein. In approving
purchase agreements, each standing
committee shall set a maximum aggregate
contingency amount for all amendment and
ResoWEon No.OCSD 0408 31 of 35
change orders. The maximum anaregale
contingency amount shall be no higher than
fifty percent(50%)of the Agreement
amount.
Board of Directors Authorization to approve purchases over
$200,000,with the exception of pre-
approved purchases pursuant to Section
4.03 and emergency Items pursuant to
Section 4.4 herein.
B. Amendments and Change Orders:
The award and execution fer of amendments and change orders to
aAgreements,
on behalf
of OCSD shall be made in accordance with the following:
Authorized Authority Authorized Action
Department Head Authorization to make recommendation to
the General Manager.
General Manager Review recommendation of Department
Head and approve amendments provided
that the total contract shall not exceed
$100,000 (Includes original contract and all
amendments). General Manager shall be
authorized to approve all amendments for
chemical contracts, unless contract unit
price has been changed from original Board
award. If the original chemical contract
was approved in the budget pre-approval
process, a unit price increase exceeding the
unit price awarded in the budget pre-
approval year would require Board
approval.
Contracts awarded in the pre-approval
process based upon a not to exceed
amount, not unit price, may be increased up
to the amount pre-approved in the budget
year the contract was awarded.
The General Manager shall manage the
expenditure of all approved continency
funds in connection with all amendments
and change orders approved by the Board,
the standing committees, and the General
Manager.
Resolution No.OCSD 040E 32 of 35
Board of Directors Receive recommendations of General
Manager, approve all amendments and
change orders that exceed the maximum
aggregate amounts established at the time
that original Agreements are approved.fier
Board approved GORtFaStS OF P61FGhaGGS UP
at time of R;.vaFd, to be FRanaged by!he
GpnpFnl
C. Change Orders to Existing Public Works Agreements
This subsection (C) shall apply to "existing public works
agreements" from January 2007 to July 1. 2007. Thereafter, existing
agreements should be governed by the other provisions of this resolution
for purposes of this subsection (C). The term "existing public works
agreements" shall mean public works agreements approved prior to the
effective date of this resolution.
The award and execution of a Public Works Agreement Change Order shall be
made in accordance with the following delegations of authority:
Authorized Authority Authorized Action
General Manaaer Receive recommendation of the Department
Head and approve contract changes in an
amount up to $100,000 per Public Works
agreement. When the total combined value
of all Change Orders approved by the
General Manager. the E&O Committee and
/or Board of Directors equals or exceeds
$100,000, the General Manager's
authodzabon limit has been satisfied. Note
that this is the total amount of Change
Order additions (not net amount of change
order).
Total cumulative amount for all Change
Order additions not to exceed 5% of the
original contract amount or$100,000,
whichever is less.
E & O Committee Receive recommendation of the General
Manager and approve Public Works
agreement changes from$100,001 through
$200,000 per Public Works agreement.
When the total combined value of all
Change Orders approved by the General
Manager. the E&O Committee and/or
Board of Directors equals or exceeds
Rwo41ilon No.OCSD 04-08 33 of 35
$200,000, the E&O's authorization limit has
been satisfied. Note that this is the total
amount of Change Order additions(not net
amount of Change Order).
Total cumulative amount for all Change
Order additions not to exceed 10% of the
original contract amount or$200,000,
whichever is less.
Board of Directors Aoorove Change Order additions in
amounts over 10% of the original contract
amount, or greater than $200,000.
Section 7.02: TASK ORDERS FOR FACILITIES ENGINEERING
- PROJECTS:
A. Task Orders
The award and execution of a Task Order shall be made in accordance with the
following Delegation of Authority:
Authorized Authority Authorized Action
Director of Engineering Authorization to evaluate proposals and
execute a Task Order up to$50,000.
B. Amendments
The award and execution of an amendment to an issued Task Order shall be
made in accordance with the following Delegation of Authority:
Authorized Authority Authorized Action
Director of Engineering Authorization to negotiate amendments and
make recommendations to the General
Manager.
General Manager Receive recommendation of DOE and
approve each amendment to the Task
Order in an amount up to $50,000. When
the total combined value of the Task Order
and all amendments equals or exceeds
$100,000. the General Manager's
amendment authorization limit has been
satisfied.
section 702, P'--R---r WORKS PROJECTS-
n Clew O .a n..............�
Resoluilon No.OCSD 04-08 34 of 35
made by the GeneFal MaR8gB�.
AAhenaed-A,AheritV Authgg7ed Astiea
" •`,sazeA ^-., IthArity AutheEiaed-Astiea
Resolution No.OCSO 04-08 35 of 35
ARTICLE VIII
TRAINING, MEETINGS AND RELATED TRAVEL
EXPENDITURES
Section 8.01: Purpose and Scope.
This Article sets forth the procedures and scope of delegated authority by which
OCSD employees are authorized to incur expenses for budget-approved meetings and
training in furtherance of OCSD business.
Section 8.02: General.
A. Training or meetings exceeding $500 will be itemized, as well as
possible, in the approved budget. It is recognized that some meetings and training
cannot be pre-planned during the budget process.
B. All out-of-country travel (excluding Canada and Mexico) requires
approval by the Board of Directors.
C. Training or meetings requests exceeding $2,000 will be approved
by the Department Director.
D. Training or meetings requests less than $2,000 will be approved
by the Division Manager.
E. Established approvals must be received prior to arrangements for
meetings or training being made.
Section 8.03: Policies and Procedures.
All policies and procedures governing training or meetings, such as the use of
OCSD forms and justification, will be followed.
Rosolub.n No.OCSD 04-08 36 of 35
ARTICLE IX
MISCELLANEOUS
Section 9.01: 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.
Section 9.02: Severabllifv.
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 9.03: Effective Date.
This Resolution No. OCSD 06-2(>—shall take effect January 1, 2007, upon
adoption by the Board of Directors.
Section 9.04: Repeal of Prior Resolution.
Resolution No. OCSD 04-08 is hereby repealed in its entirety.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
November 15, 2006.
CHAIR
ATTEST:
BOARD o .Rror_rnovrlerk of the Board
Resole ti No.OCSD 04-05 37 of 35
STEERING COMMITTEE Meeting Date To ad.ofar.
11/1506
AGENDA REPORT em Number Item Number
9fa)
Orange County Sanitation District
FROM: James D. Ruth, Interim General Manager
Originator: Gail Garrett, Committee Secretary
SUBJECT: December Agenda Items for Consideration by Working Committees
GENERAL MANAGER'S RECOMMENDATION
Review with staff the agenda items tentatively scheduled for review by the Working Committees
in December
SUMMARY
Staff routinely prepares for the Steering Committee a list of items scheduled for presentation to
the Working Committees and the Board 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 December:
OMTS Committee: 1. Consider Odor Control Treatment System for P2 Truck Loading
2. Consider SynaGro Contract Amendment
3. Consider Bleach Contract
4. Consider Odor Control Policy
5. Consider IT Strategic Planning Services
6. Receive and File Asset Management Plan
7. Consider SP-53 Electronic O&M Manual Consultant Agreement
8. Consider Potable Water Assessment
PDC Committee: 1. Ratify Change Order No. 21 for Job No. 1-2-4, Bushard Trunk Sewer
Rehabilitation
2. Ratify Change Order No. 1 and Approve Closeout Agreement for
Job No. P2-90A, Oil Well Excavation and Reabandonment at Plant
No. 2
3. Ratify Change Order No. 11 and Approve Closeout Agreement for
Job No. P2-47-3, Secondary Treatment Facilities Process Upgrades
at Plant No. 2
4. Approve PSA for Job No. J-33-3, Power Monitoring and Control at
Plant Nos. 1 and 2
5. Approve Amendment No. 2 to PSA for Job No. 1-2-4A, Bushard and
Ellis Intersection
6. Approve Amendment No. 1 to PSA for Job No. P1-71, Headworks
Rehabilitation/Refurbishment
7. Award Construction Contract for Job No. 1-10B, Ellis Avenue Pump
Station Construction
FAHR Committee: 1. Consider Joint Campus Security Program
2. Consider Security Policy
3. Report on Public Affairs Strategic Plan
4. Report on Delegation of Authority
5. Report on Owner Control Insurance Programs
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
CEOA FINDINGS
Not a project.
ATTACHMENTS
NA
99
H Weq Cendal5feedn4 Com t[eo OM 1%7.%a)Us[of AR bDeeeftec8 d=
FensM MOM Page 2
STEERING COMMITTEE Meeuneoat� Toed.ofob.
t11 W
AGENDA REPORT em Number Iem Number
9b
Orange County Sanitation District
FROM: James D. Ruth, Interim General Manager
Originator: Gail Garrett, Committee Secretary
SUBJECT: Agenda Items for Consideration by the Board
GENERAL MANAGER'S RECOMMENDATION
Review with staff the agenda items tentatively scheduled for consideration by the Board at its
November 15, 2006 meeting.
SUMMARY
Staff routinely prepares for the Steering Committee lists of items scheduled for presentation to
the Working Committees and the Board at their monthly meetings. This allows the Steering
Committee the opportunity to review these items and to make reassignments in the review or
approval process.
The following items are scheduled to be considered by the Board at the November 15, 2006
meeting:
CONSENT CALENDAR
8. Consideration of motion to approve all agenda items appearing on the Consent Calendar
not specifically removed from same, as follows:
a. Order the minutes for the Streamlining Workshop held on October 18, 2006 and
the regular meeting held on October 25, 2006, to be filed and deemed approved,
as mailed.
b. (1) Receive and file summons and complaint re Nguyen, at al. v. Orange County
Sanitation District, et al., Orange County Superior Court Case No. 06CC11453;
and,
(2)Authorize General Counsel to appear and defend the interests of the District.
END OF CONSENT CALENDAR
C. Consideration of items deleted from Consent Calendar, if any.
COMMITTEE REPORTS AND RECOMMENDED ACTIONS
9. STEERING COMMITTEE
Consent Calendar
a. Order draft Steering Committee Minutes for the meeting held on October 25,
2006, to be filed.
b. Adopt the 2007 Legislative Platform and Goals.
C. Authorize a one-year renewal to the agreements for State and Federal Advocacy
services from January 1, 2007 through December 31, 2007, as follows:
Sacramento Representatives
Scott Baugh (currently with Platinum $5,000 per month
Advisors) $5,000 per month ,
Townsend Public Affairs (TPA)
Federal Representatives
Eric Sapirstein and John Freshman $10,000 per month
(ENS Resources and Troutman Sanders
Public Affairs)
Non-Consent Calendar
d. (1)Adopt Resolution No. OCSD 06-25, Establishing Rules of Procedure for the
Conduct of Business of the District, and Repealing Resolution No. OCSD 04-15;
and
(2)Adopt Resolution No. OCSD 06-26, Establishing Policies and Procedures for
the Award of Purchase Orders and Contracts; Award of Public Works Project
Contracts; Professional Services Contracts; and Delegation of Authority to
Implement said Policies and Procedures;and Repealing Resolution No. OCSD
04-08.
e. Consideration of items deleted from Consent Calendar, K any.
10. OPERATIONS, MAINTENANCE AND TECHNICAL SERVICES COMMITTEE (OMTS)
OMTS Consent Calendar
a. Order draft Operations, Maintenance and Technical Services Committee Minutes
for the regular meeting held on November 1, 2006, to be filed.
b. Approve Amendment No. 1 to the Agreement for the Management of Biosolids
with EnerTech Environmental, Inc., in a form approved by General Counsel, to
increase the quantity of biosoltds delivered from 200 tons to 225 tons, extending
the contract period from 20 to 25 years, and to increase the cost from $69.40 to
$72.40 per ton,for an annual amount not to exceed $5,950,000 plus existing cost
escalators.
C. (1)Authorize the General Manager to award up to four sole source contracts for
an amount not to exceed $90,000 each,for testing alternative chemicals for
advanced primary treatment to General Chemical, Summit Research Labs,
Aluminum Chemical Specialties, and Kemira Water Solutions, Inc.; and,
H�eepn.re,nvsieen,y cm..u..voaai rv.Nni w a ur a wmev eeve.r.i.eoc
Page 2
(2)Authorize the General Manager to approve the sole source procurement of
chemical tanks, containment equipment, and service and delivery fees from
Baker Tank Rental for an amount not to exceed $45,800.
OMTS Non-Consent Calendar
d. Consideration of items deleted from OMTS Calendar, if any.
11. PLANNING, DESIGN AND CONSTRUCTION COMMITTEE (PDC)
PDC Consent Calendar
a. Order draft Planning, Design and Construction Committee Minutes for the regular
meeting held on November 2, 2006, to be filed.
b. Ratify Change Order No. 2 to Bushard Trunk Sewer Rehabilitation Pipe
Procurement, Contract No. 1-2-4P, with Ameron International, authorizing an
addition of$85,580 and 326 calendar days, increasing the total contract amount
to$7,970,306.
C. Ratify Change Order No. 3 to Ellis and Bushard Intersection, Contract No. 1-2-4A,
with Mike Bubalo Construction, Inc., authorizing an addition of$552,984,
increasing the total contract amount to$10,928,826.
d. (1) Ratify Change Order No. 2 to Sunflower Interceptor Manhole Rehabilitation,
Contract No. 7-21,with Sancon Engineering, Inc., authorizing a reduction of
$24,675. reducing the total contract amount to $2,078,346; and,
(2)Accept Sunflower Interceptor Manhole Rehabilitation, Contract No. 7-21, as
complete, authorizing execution of the Notice of Completion and approving the
Final Closeout Agreement.
e. Ratify Change Order No. 14 to Effluent Pump Station Annex, Job No. J-77, with
J.F. Shea Construction, Inc.,authorizing an addition of$41,133, increasing the
total contract amount to$44,638,467.
f. Ratify Change Order No. 30 to Primary Clarifiers 16-31 and Related Facilities,
Job No. P11-37, with Margate Construction, authorizing an addition of$52,594,
increasing the total contract amount to$72,880,080.
g. Approve a budget increase of$2,200,000 for Rehabilitation of District Siphons,
Contract No. 2-68, for a total budget amount of$7,467,000.
h. (1)Authorize staff to negotiate Amendment No. 1 to the Professional Services
Agreement with Carollo Engineers for design services for the Headworks
Rehabilitation/Refurbishment, Job No. P1-71; and,
(2) Authorize the General Manager to bid and award an equipment pre-purchase
contract, Variable Frequency Drive Equipment for Headworks No. 2,
Specification No. E-2006-314BD, in connection with Headworks Rehabilitation/
Refurbishment, Job No. P1-71, in an amount not to exceed $600,000.
N NeMbQ�Wemn9 CmmYeeeV 1 fn.NW W m Au fx No-m+mer e®W-7 dm
Rrn,ed. Page 3
I. Approve a budget increase of$800,000 for a total project budget of$4,611,000
for the Realignment and Rehabilitation of Big Canyon Offsite Trunk Sewer,
Contract No. 5-62.
j. (1)Approve Amendment No. 4 to Cooperative Projects Program Contract
No. 0126 with the City of La Habra, providing for a contract modification with no
additional funding; and,
(2)Approve grant funding for$380,000 for Closed Circuit Television inspection
and sewer condition assessment from the City of Buena Park to be paid in Fiscal
Year 2008/09.
PDC Non-Consent Calendar
k. Consideration of items deleted from PDC Consent Calendar, if any.
12. FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE (FAHR)
FAHR Consent Calendar
a. Order draft Finance, Administration and Human Resources Committee Minutes
for the Special Meeting held on October 26, and regular meeting held on
November 8, 2006,to be filed. (Minutes for 11/8/06 meeting will be distributed at
11/15/06 Board Meeting.)
b. Receive and file the 2006-07 First Quarter Financial Report for the period ending
September 30, 2006.
C. Approve Amendment No. 1 to the Real Property Lease Agreement, Specification
No. L-018, with Village Nurseries Wholesale, LLC, providing for a lease
extension effective December 1, 2006 through November 30, 2011, with option to
renew for three additional 5-year periods.
d. Receive and file the Comprehensive Annual Financial Report for the year ending
June 30, 2006, prepared by staff and audited by Mayer Hoffman McCann P.C.,
Certified Public Accountants.
e. Approve the reclassification of four OCSD positions affecting incumbents
predlcated on employees satisfying position qualifications and the indefinite and
ongoing need to accomplish work at the higher level, providing for:
(1) Reclassification of the Human Resources Manager position at PG 94 ($8,764
- $10,955)to Human Resources and Employee Relations Manager at PG 96
($9,207-$11,509);
(2) Reclassification of Source Control Inspector I position at PG 69 ($4,729-
$5,911)to Source Control Inspector II at PG 73 ($5,217-$6.523);
(3) Reclassification of Information Technology Analyst I position at PG 71
($4,966-$6,207)to Information Technology Analyst 11 at PG 75 ($5,483-
$6,854); and,
H:We~ftebMnO 117.Kb)U.1 a nal Ibr HownEeremmar.l.es
R, W: � Page 4
(4) Reclassification of Senior Information Technology Analyst position at PG 83
($6,680-$8,349)to Principal Information Technology Analyst at PG 87 ($7,372-
$9,216).
FAHR Non-Consent Calendar
f. Consideration of items deleted from FAHR Consent Calendar, W any.
13. LEGISLATIVE AFFAIRS COMMITTEE
Legislative Affairs Consent Calendar
a. Meeting scheduled for November 14, 2006 was cancelled.
Legislative Affairs Non-Consent Calendar
b. Consideration of items deleted from Legislative Affairs Consent Calendar, if any.
14. GWR SYSTEM STEERING COMMITTEE (GWRSSC)
Verbal report re Joint Groundwater Replenishment System Steering Committee meeting
held on November 13, 2006.
GWRSSC Consent Calendar
a. No action Items to consider.
GWRSSC Non-Consent Calendar
b. Consideration of items deleted from GWRSSC Consent Calendar, If any.
NON-CONSENT CALENDAR
15. Closed Session
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)
NWep11a0OiYB491EPInBCamn,eeV'KBttlq.91e1 UM d AM I Na.BwNa�1.Ooc
Page 5
ADDITIONAL INFORMATION
N/A
ALTERNATIVES
N/A
CEQA FINDINGS
Not a project.
ATTACHMENTS
N/A
99
H:wopoaWodaffemoq a onmiee=smi.BfUf usf of AR for foovem rBoard-ar.i.dm
Reasce: MCM Page 6
ORANGE COUNTY SANITATION DISTRICT
(714) 962-2411
www.ocsd.com
Mailing Address:
P.O. Box 8127
Fountain Valley, California
92728-8127
Street Address:
10844 Ellis Avenue
Fountain Valley, California
92708-7018 '