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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.