HomeMy WebLinkAboutOppose letter - signed.pdf Orange County Sanitation District
Serving 10844 Ellis Avenue,Fountain Vallef,CA 92708
Anaheim 714.962.2411 www.ocsevers.can
March 23,2016
Brea
Buena Park The Honorable Hannah-Beth Jackson
Chair,Senate Judiciary Committee
Cypress State Capitol
Fountain Valley Sacramento,CA 95814
Fullerton RE:5B 885(Wolk)—Oppose As Introduced
Garden Grove
Huntington Beach Dear Senator Wolk:
Irvine On behalf of the Orange County Sanitation District, I regret to inform you of our opposition
I-a Habra to SB 885 related to restraints on contractual negotiations.
La Palms SB 885 eliminates the ability of a public agency to contract with engineers and architects,
LosAlamitos known as design professionals, for upfront legal defense costs against claims related to a
Newport Beach project's design work. When contracting with a design professional, public agencies often
place a clause in the agreement requiring the design professional to legally defend the public
orange agency if a claim or lawsuit directly related to the design services work is filed against the
Placentia agency. This current practice fosters an environment of collaboration between the public
agency and the design professional who both have the same incentive to resolve the lawsuit
Santa Ana or claim.
SealBeach
Stanton As a wastewater agency that serves 2.5 million people in central and northwest Orange
County, this bill unnecessarily burdens our operations with additional litigation costs and
Tustin jeopardizes the relationships that the Sanitation District builds with design professionals.This
Villa Park bill instead imposes a "one size fits all" constraint on contractual negotiations by prohibiting
a public agency from requiring the design professional to defend a claim directly connected
County of Orange to the work of the design professional. Requiring the public agency to defend the actions of
Costa Mesa the design professional creates a "reimbursement only' process that results in the public
sanitary District agency defending the actions of the design professional and shouldering upfront all of the
Midway City associated costs.
Irvinesanitary District
Ranch OCSD strives to maximize operational efficiency and maintain relationships with design
Water District professionals. This bill would force the Sanitation District itself to engage in any legal claims
Yarn Linda against a projects design work. Having design professionals legally defend the public agency
•District in regards to their own work is beneficial to both parties, and should not be changed.
For these reasons, we must respectfully oppose SB 885. Please contact me if you have any
rnant,our oraniza"on or our position.
Board of Directors
anitation District
To protect public health and the environment by providing
effective wastewater collection,treatment,and recycling.