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MINUTES OF FINANCE, ADMINISTRATION AND
HUMAN RESOURCES COMMITTEE MEETING
Orange County Sanitation District
Wednesday, November 10, 1999, 5:30 p.m.
A meeting of the Finance, Administration and Human Resources Committee of the Orange
County Sanitation District was held on November 10, 1999 at 5:50 p.m., in the District's
Administrative Office.
(1) The roll was called and a quorum declared present, as follows:
FAHR COMMITTEE MEMBERS:
Directors Present:
Thomas Saltarelli, Chair
Mark Leyes, Vice Chair
John M. Gullixson
Shirley McCracken
Jan Debay, Board Chair
Peer Swan, Board Vice Chair
John J. Collins, Past Board Chair
OTHERS PRESENT:
Tom Nixon, Assistant General Counsel
Director Russell Patterson
Director Pat McGuigan
Director Don Bankhead
Don Hughes
Toby Weissert
Iry Pickler
Paul Watkins
Jeff Bower
John Coan
Greg Harrington
Michael Moreland
David Olson
Ryal Wheeler
Chuck Acocello
Basin Panis
Perry Shokori
(2) APPOINTMENT OF CHAIR PRO TE
No appointment was necessary.
(3) PUBLIC COMMENTS
There were no public comments.
FILED
Directors Absent: IN THE OFFICE OF THE SECRETARY
ORANGE COUNTY SANITATION DISTRICT
Shawn Boyd NO V 7 1999
Mark A. Murphy
James W. Silva
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STAFF PRESENT:
Don McIntyre, General Manager
Blake Anderson, Assistant General Manager
Mike Peterman, Director of Human Resources
Gary Streed, Director of Finance
Michelle Tuchman, Director of Communications
Robert Ghirelli, Director of Technical Services
Patrick Miles, Director of Information
Technology
David A. Ludwin, Director of Engineering
John Linder, Construction Manager
Mike White, Controller
Steve Kozak, Financial Manager
Greg Mathews, Assistant to General Manager
Marc Dubois, Purchasing Manager
Penny Kyle, Committee Secretary
Minutes of the Finance, Administration and Human Resources Committee Meeting
Page 2
November 10, 1999
(4) RECEIVE FILE AND APPROVE MINUTES OF PREVIOUS MEETING
It was moved, seconded and duly carried to approve the minutes of the October 13, 1999
Finance, Administration and Human Resources Committee meeting, as corrected.
Director Jan Debay abstained.
(5) REPORT OF THE COMMITTEE CHAIR
The Committee Chair had no report.
(6) REPORT OF THE GENERAL MANAGER
The General Manager had no report.
(7) REPORT OF ASSISTANT GENERAL MANAGER
The Assistant General Manager had no report.
(8) REPORT OF DIRECTOR OF FINANCE
Director of Finance Gary Streed briefly discussed the sale of PIMCO to Allianz. PIMCO is the
District's investment manager for both long term and short term investments.
Mr. Streed also referred to a revised proposed Ordinance No. OCSD-11 re: Capital Facilities
Capacity Charges, that was handed out to the Directors that evening.
(9) REPORT OF DIRECTOR OF HUMAN RESOURCES
The Director of Human Resources had no report.
(10) REPORT OF DIRECTOR OF COMMUNICATIONS
The Director of Communications had no report.
(11) REPORT OF GENERAL COUNSEL
General Counsel had no report.
(12) CONSENT CALENDAR ITEMS (Items a-d)
a. FAHR99-82: Receive and file Treasurer's Report for the month of
October 1999: The Treasurer's Report was handed out at the FAHR Committee
meeting in accordance with the Board -approved Investment Policy, and in
conformance to the Government Code requirement to have monthly reports
reviewed within 30 days of month end.
Minutes of the Finance, Administration and Human Resources Committee Meeting
Page 3
November 10, 1999
b. FAHR99-83: Receive and file the First Quarter Financial and Operational Report
for the period ending September 30, 1999.
C. FAHR99-84: Receive and file Certificate of Participation (COP) Monthly Report.
d. FAHR99-85: Adopt Resolution No. OCSD 99-22, Amending Policies Numbers
B30.00, C10.00, C20.00, C30.00, C150.00, D50.00, D60.00, D90.00 and F80.00
of Exhibit A of Resolution No. OCSD 98-33; Adding Policies Numbers C20.10 and
C170.00 to Exhibit A of Resolution No. 98-33; Ratifying any Additional
Amendments to Exhibit A of Resolution No. OCSD 98-33; and Ratifying that All
Future Amendments to Exhibit A of Resolution No. OCSD 98-33 be Made by
Resolution re Human Resources Policies and Procedures Manual Providing for
Classification, Compensation and Other Terms, Conditions, Policies and
Procedures Governing District Employment.
END OF CONSENT CALENDAR
Motion: Moved, seconded and duly carried to approve the recommended actions
for items specified as 12(a) through (d) under Consent Calendar.
(13) ACTION ITEMS (Items a-e)
a. FAHR99-86: 1) Approve plan to restructure and modernize the District's existing
Certificates of Participation long term borrowings; and 2) Authorize the General
Manager to execute professional service agreements with PaineWebber, Inc. and
Orrick, Herrington & Sutcliffe to implement the COP restructuring plan.
Steve Kozak, Finance Manager, gave a brief report.
Motion: Moved, seconded and duly carried to approve staffs recommendation.
b. FAHR99-87: Receive and file the District's Comprehensive Annual Financial
Report (CAFR) for the year ended June 30, 1999, prepared by staff and audited
by Moreland and Associates, Certified Public Accountants.
Motion: Moved, seconded and duly carried to amend motion to receive, file and
accept staffs recommendation.
d. FAHR99-89: Adopt Resolution No. OCSD 99-23, Establishing Policies and
Procedures for the Award of Purchase Orders and Contracts; Award of Public
Works Project Contracts; Award of Professional Services Contracts; Delegation of
Authority to Implement Said Policies and Procedures; and Repealing Resolutions
Nos. OCSD 98-8, OCSD 98-12, OCSD 98-22, and OCSD 98-43.
Motion: Moved, seconded and duly carried to approve staffs recommendation,
as amended, to reflect no change in Professional Services Agreements authority
levels.
Minutes of the Finance, Administration and Human Resources Committee Meeting
Page 4
November 10, 1999
e. FAHR99-90: Approve Ordinance No. OCSD-11, Adopting Capital Facilities
Capacity Charges and Repealing Ordinance No. OCSD-09.
Paul Watkins, Attorney representing Alstyle Apparel/A&G, Inc., located in
Anaheim spoke to the Directors regarding concerns with the proposed ordinance
and the capital facilities connection charges. However, the revisions in the
revised ordinance handed out to the Directors that evening gave the clarification
he and his client were seeking.
Directors entered into a discussion regarding the equity issue of the capital
facilities connection charges.
Motion: Moved, seconded and duly carried to approve staffs recommendation,
with staff to provide to the Directors at the November 17th Board meeting a listing
of categories of firms that will be affected by this ordinance.
Director Peer Swan opposed.
(14) INFORMATION PRESENTATIONS
There were no informational presentations.
(15) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS. IF ANY
There were no supplemental agenda items.
(16) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR
ACTION AND STAFF REPORT
There were none.
(17) CONSIDERATION OF UPCOMING MEETINGS
The next FAHR Committee meeting is scheduled for December 8, 1999 at 5 p.m.
(18) CLOSED SESSION
The Chair reported to the Committee the need for a Closed Session, as authorized by
Government Code Section 54956.9, to discuss and consider the items that are specified as
Item 18(A)(1) on the published Agenda. The Committee convened in closed session at 8:08 p.m.
Minutes of the Finance, Administration and Human Resources Committee Meeting
Page 5
November 10, 1999
Confidential Minutes of the Closed Session held by the Finance, Administration and Human
Resources Committee have been prepared in accordance with California Government Code
Section 54957.2, and are maintained by the Board Secretary in the Official Book of Confidential
Minutes of Board and Committee Closed Meetings. No reportable action was taken re Agenda
Item No. 18(a)(1). The Committee did not consider Agenda Item No. 18(a)(2), and no report was
given.
At 8:20 p.m., the Committee reconvened in regular session.
(20) ADJOURNMENT
The Chair declared the meeting adjourned at approximately 8:20 p.m.
Submit ed by:
Penny Kyle `
FAHR Committe ecretary
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ORDINANCE NO. OCSD-11
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF ORANGE COUNTY SANITATION DISTRICT
ADOPTING CAPITAL FACILITIES CAPACITY
CHARGES AND REPEALING ORDINANCE NO.
OCSD-09
WHEREAS, the Board of Directors of the District has received a
management report, including financial and system facilities needs of the District,
and wishes to reaffirm the policy of the District of imposing Capital Facilities
Capacity Charges when properties, either newly connect to the District's system
or expand the use of the property previously connected to the District, and to
adopt findings supporting the amount of the fees adopted pursuant to this
Ordinance.
The Board of Directors of Orange County Sanitation District does hereby
FIND:
A. That a comprehensive 30-year Master Plan of Capital Facilities
entitled, "Collection, Treatment and Disposal Facilities Master Plan - 1989",
hereinafter the "Master Plan", which includes detailed financial and engineering
reports, has been prepared, approved, and adopted by the Boards of Directors of
the Predecessor Districts in 1989, identifying the required future development of
District facilities, including the financial projections for providing sewer service to
all properties within the District's service areas; and,
B. That the District has undertaken, commencing in 1997, a
comprehensive update and revision of the Master Plan, which was adopted
October 27, 1999, to hereafter be known as the "Strategic Plan"; and,
C. That the District, in 1997, as part of its Strategic Plan studies,
undertook a comprehensive evaluation and study of its operational and financial
needs for the next 20 years, including a detailed assessment of all types and
categories of users; the demands on the system and capacity needs of the
system to provide necessary service to the multiple categories of users; the total
costs of the existing and future facilities in the system; and alternate
methodologies for establishing fair and equitable charges to connect to and gain
access to the system; and,
D. That the Board of Directors has previously, by duly adopted
Ordinances, commencing in 1969, established Capital Facilities Capacity
Charges, formerly known commonly as "connection charges" or "fees" to be paid
by all persons obtaining a permit to connect to the District's system as a financial
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payment to have access to and use of the District's wastewater collection,
treatment and disposal facilities in existence at the time of connecting to the
system, and for future facilities to be constructed; and,
E. That the District's connection charge ordinances, included authority
for the District to levy an excess capacity charge upon commercial and industrial
users who discharge large quantities or high strength wastewater; and,
F. That the District(s) adopted a revised, comprehensive excess
capacity charge by ordinance, effective July 1, 1995, which ordinance(s) was
subsequently repealed November 15, 1995 pending completion of the Financial
Rates and Charges Report; and,
G. That the District on February 22, 1996 adopted a moratorium on the
collection of excess capacity charges until the Financial Rates and Charges
Report was completed and a revised Capital Facilities Charge was adopted; and,
it-
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4 H. That a final report (the "Determination of Financial Rates and
Charges Report"), based upon studies and reports of District's engineering and
financial advisors, and an extensive evaluation by an Advisory Committee of
industrial, commercial, and residential users of the system (the "Rate Advisory
Committee"), was prepared and submitted to the Board of Directors to assist and
guide it in its considerations for the adoption of Ordinance No. OCSD-09; and,
J- I. That the Report has been made available to the public and has
been subject to noticed public hearings, all in accordance with the provisions of
law; and,
4- J. That following adoption of Ordinance No. OCSD-09 on July 21,
1999, certain ambiguities and uncertainties were discovered, relating to the
implementation of the Ordinance. It is now appropriate, to insure ease of
administration and clarity of understanding by those persons and entities
governed by the Ordinance, that the provisions of Ordinance No. OCSD-09 be
revised; and,
L— K. That the revenues derived under the provisions of this Ordinance
will be used for the acquisition, construction, reconstruction, maintenance, and
operation of the wastewater collection, treatment and disposal facilities of the
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District; to repay principal and interest on debt instruments; or to repay federal or
state loans for the construction and reconstruction of said sewerage facilities,
together with costs of administration and provisions for necessary reserves; and,
Ali- L. That the properties upon which the fees established by this
Ordinance are levied, will discharge wastewater to the District's collection,
treatment and disposal system facilities; that the costs of owning, operating, and
maintaining said facilities has constantly increased due in part to increased
regulatory requirements to upgrade the treatment process; and that said costs
will exceed the amounts of any ad valorem tax revenues derived from said
property; and,
M- M. That the Capital Facilities Capacity Charges imposed by authority
of this Ordinance do not exceed the estimated amount required to provide
access to the sewer system facilities and service for which the fee is levied, as
provided in California Constitution Article XIIID; and,
a N. That the fees adopted by this Ordinance are non-discriminatory, as
applied to all users of the system, and are established upon a rational basis
between the fees charged each category of property that is connecting, and the
service and facilities provided to each connected property by the District; and,
O. That the adoption of this Ordinance is statutorily exempt under the
California Environmental Quality Act from further environmental assessment
pursuant to the provisions of California Public Resources Code Section
21080(b)(8), and 14 California Code of Regulations Section 15273(a).
NOW, THEREFORE, the Board of Directors of Orange County Sanitation
District does hereby ORDAIN:
Section 1: Definitions
1.1 "Actual construction costs" include the cost of all activities
necessary or incidental to the construction of a District facility, such as financing,
planning, designing, acquisition of the property or interests in the property,
construction, reconstruction, rehabilitation, and repair.
1.2 "Capital Facilities Capacity Charge" means a one-time, non-
discriminatory charge imposed at the time a property is connected to the
District's system, directly or indirectly, or an existing structure or category of use
is expanded or increased. Said charge is to pay for District facilities in existence
at the time the charge is imposed, or to pay for new facilities to be constructed in
the future, that are of benefit to the property being charged. The Supplemental
Capital Facilities Capacity Charge, as provided for in Sections 6, 7, and 8 of this
Ordinance, is an annual charge payable to the District on a quarterly or annual
basis as determined by the District.
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1.3 "Connection fee" means a fee equal to the cost necessary to
physically connect a property to the District's system, including, but not limited to
installation of meters, meter boxes, pipelines and appurtenances to make the
connection, that does not exceed the actual cost of labor, materials, and
overhead for the installation of those facilities.
1.4 "Nondiscriminatory" means that the Capital Facilities Capacity
Charge does not exceed an amount determined on the basis of the same
objective criteria and methodology applicable to comparable public or non-public
users, and is not in excess of the proportionate share of the cost of the District's
facilities of benefit to the person or property being charged, based upon the
proportionate share of use of those facilities.
1.5 "Predecessor Districts" means former County Sanitation Districts
Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California, which jointly
owned and administered the property and sewerage system facilities of the
District, which consolidated into the Orange County Sanitation District, as a
single entity, effective July 1, 1998.
1.6 "Public agency" means the United States or any of its agencies, the
State or any of its agencies, the Regents of the University of California, a county,
city, district, school district, local or regional public authority, or any other political
entity, subdivision or public corporation of this State.
Section 2: Connection Permits: Required.
A. Connection permits are required of all dwelling units, buildings and
structures connecting directly or indirectly to the District's sewerage system
facilities. Included are the connections of laterals to local municipal sewerage
facilities, and the connection of local municipal sewerage facilities and laterals to
the District's facilities.
B. Except as authorized by the issuance of a Special Purpose
Discharge Permit under sections 305-305.6 of Ordinance No. OCSD-01 or as
amended, or as authorized pursuant to a special extra territorial service
agreement approved by the Board of Directors, no permit shall be valid unless
the real property to be served by use of the permit is included within the
boundaries of the District and within the boundaries of a local sewering agency
authorized to maintain public sewering facilities. However, a permit as
authorized above may be issued for property to be served outside the boundaries
of a local sewering agency if a local sewering agency makes application for the
issuance of such permit.
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There will be a nondiscriminatory Capital Facilities Capacity Charge
assessed to public agencies for connecting directly or indirectly to the District's
sewerage system facilities, and a connection permit must be obtained.
Section 3: Capital Facilities Capacity Charge: Payment Required. No
application for a permit for a connection to a District sewerage facility, or to any
sewerage facility which discharges into a District sewerage facility, shall be
approved, nor a permit issued, until a District Capital Facilities Capacity Charge
is paid by the applicant. No connection permit shall be issued unless there is an
established category of use of the property to be served or a valid building permit
issued which establishes the category of use of said property.
Section 4: Capital Facilities Capacity Charge: Time of Payment.
4.1 Payment of the Capital Facilities Capacity Charge established by
this Ordinance for connection to the District's sewerage system facilities shall be
required at the time of issuance of the building permit for all construction within
the District, excepting in the case of a building legally exempt from the
requirement of obtaining a building permit. The payment of the Capital Facilities
Capacity Charge for such exempt buildings will be required at the time of and
prior to the issuing of a plumbing connection permit for any construction within
the territorial limits of the District.
4.2 Upon application of any property seeking to connect to the District's
system, the Board of Directors of District, in its sole and absolute discretion and
upon a finding of compelling need, may, pursuant to the authority of California
Health & Safety Code Section 5474, approve of an agreement with the property
owner for the payment of the applicable connection charge in installments over a
period of not to exceed five (5) years, bearing an interest rate on the unpaid
balance of not to exceed ten (10%) percent per annum, and that the charges and
interest shall constitute a lien on the property.
Section 5: Capital Facilities Capacity Charge: Schedule of Amounts.
Every person or entity newly connecting any property to the District's system
facilities shall pay a Capital Facilities Capacity Charge in the amount for the
applicable category of use set forth in Table 1.
H
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TABLE 1
CAPITAL FACILITIES CAPACITY CHARGE
Use Category
Rate Basis
Base Charge
Commercial — Industrial
Per 1,000 square feet
Low Demand
Per 1,000 square feet
$ 1101
Average Demand
Per 1,000 square feet
$ 6751
High Demand
Per 1,000 square feet
$1,6001,2
Single Family Residential
Per Unit
5+ Bedrooms
Per Unit
$2,530
4 Bedrooms
Per Unit
$2,165
3 Bedrooms
Per Unit
$1,820
2 Bedrooms
Per Unit
$1,475
1 Bedroom
Per Unit
$1,130
Multi -Family Residential
Per Unit
4+ Bedrooms
Per Unit
$1,965
3 Bedrooms
Per Unit
$1,620
2 Bedrooms
Per Unit
$1,275
1 Bedroom
Per Unit
$ 910
Studio
Per Unit
$ 580
1 Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be
$1,820; and all calculations shall be on a per square foot basis.
2The Base Capital Facilities Capacity Charge is established at $1,600 per 1,000 square feet, but
shall be incrementally increased from the present amount at five (5) levels, and five (5) time
periods as follows:
Effective September 1, 1999 $ 675 per 1,000 sq. ft.
Effective January 1, 2000 $ 900 per 1,000 sq. ft.
Effective July 1, 2000 $1,130 per 1,000 sq. ft.
Effective January 1, 2001 $1,360 per 1,000 sq ft.
Effective July 1, 2001 $1,600 per 1,000 sq. ft.
A schedule of the Capital Facilities Capacity Charges specified herein will be on file in the Office
of the Board Secretary of the District, and in the Building Department of each City within the
District.
*Low Demand connections are the following categories of users: Nurseries; Warehouses; Parking
Structures; RV Storage; Churches; Truck Terminals; RV Parks; Lumber/Construction Yards; and
other dischargers whose flow is similar in volume to these listed categories.
**High Demand connections are the following categories of users: Restaurants, Supermarkets;
Car Washes; Coin Laundries; Amusement Parks; Shopping Centers with Restaurants; Food
Processing Facilities; Textile Manufacturers; and other dischargers whose flow is similar in
volume to these listed categories.
***All other connections are Average demand users.
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Section 6: Supplemental Capital Facilities Capacity Charge: Significant
Commercial — Industrial Users — Definitions.
A. A Significant Commercial — Industrial User ("SCIU") is any person
or entity who discharges commercial or industrial process flow, but excluding
domestic sewage flow, in an amount greater than 25,000 gallons per day ("gpd"),
or Biochemical Oxygen Demand ("BOD") greater than 150 pounds per day, or
Suspended Solids ("SS") greater than 150 pounds per day, or who is required to
obtain a Waste Discharge Permit, as prescribed by Ordinance No. OCSD-01,
Article 3, due to having federally- or District -regulated or significant discharges.
B. An Existing SCIU is any SCIU discharger connected and
discharging to the District's system prior to jwly 1, 1995 January 1, 2000. 1
C. A New SCIU is any discharger who connects and discharges to the
District's system pursuant to a Waste Discharge Permit issued on or aftep jwly 1'.
4QQS January_ 1, 2000; or if previously connected and not an SCIU, as defined in
Subparagraph A above, but, subsequent to J 'ly 1, 49 January 1, 2000,
increases flow, or BOD, or SS to a level as to constitute an SCIU.
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D. The maximum discharge allowed to a user, for which a base
Capital Facilities Capacity Charge is paid, as per Section 5 Table 1 above, is
25,000 gallons per day ("gpd"), or 150 pounds each of BOD and SS (the "base
use"). Discharge of flow, or BOD, or SS in amounts greater than allowed by this
Subparagraph E, shall be subject to the provisions of Section 7 or Section 8
hereof.
F- E. Each Existing SCIU shall have a baseline of allowed discharge of
flow, and BOD, and SS established by the District as of jwly 4, 1999 January 1,
2000. The baseline shall be based upon the discharge for the fiscal year 1998-99
or upon such other discharge data which the District determines is representative
of the user's actual annual discharge to the sewerage system. Dischargers who
are deemed to be SCIUs solely because of the requirements to obtain a Waste
Discharge Permit pursuant to Section 6 above, shall have a minimum baseline
established as follows: Flow — 25,000 gallons per day; BOD —150 pounds per
day; and SS — 150 pounds per day. The SCIU shall be authorized to discharge
flow, and BOD, and SS up to the baseline amounts without payment of a
Supplemental Capital Facilities Capacity Charge.
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a
#- F. The Supplemental Capital Facilities Capacity Charge as prescribed
by Sections 7 and 8 below, shall be payable commencing with the effective date
of this Ordinance.
a- G. Within two (2) years from the date of the District's written notice to
the SCIU of its baseline amounts, the SCIU shall have a right to appeal the
District's established baseline for the SCIU. The appeal shall be to the General
Manager, or his delegated representative, who shall have discretion, based upon
extraordinary circumstances, wherein the established baseline is not
representative of the historical average daily discharge by the SCIU for a yearly
period, to modify the baseline amounts for the current year, or on a permanent
basis, subject to terms and conditions as prescribed by the General Manager.
The decision of the General Manager shall be final.
Section 7. Supplemental Capital Facilities Capacity Charge: New and
ran----;-----l , 12a,-.,„ od Significant Commercial — Industrial Users. In addition to
the base Capital Facilities Capacity Charge, as prescribed in Table 1 for
commercial — industrial use category properties, all New SCIUs and all
ate# Qd SQ1ls shall pay a Supplemental Capital Facilities
Capacity Charge for each gallon of flow, or pound of BOD, or SS, exceeding the
base use discharge maximums, in the following amounts:
Daily Charge
Flow Gallons Per Day $0.00057
BOD Pounds Per Day $0.14461
SS Pounds Per Day $0.16025
Section 8: Supplemental Capital Facilities Capacity Charge: Existing
Significant Commercial — Industrial Users.
A. All Existing Significant Commercial — Industrial Users connected to
and discharging to the District's system shall be required to pay a Supplemental
Capital Facilities Capacity Charge upon the occurrence of either (i) an increase
of discharge flow of 25,000 gallons per day ("gpd"), or 25% per day over its
established baseline authorization, whichever is lesser; or (ii) an increase of
either BOD or SS discharge of 150 pounds each per day, or 25% each per day,
whichever is lesser, over its established baseline authorization.
B. The Supplemental Capital Facilities Capacity Charge shall be in the
following amounts for each component that is increased as provided in Section
8A above:
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Daily Charge
Flow Gallons Per Day $0.00057
BOD Pounds Per Day $0.14461
SS Pounds Per Day $0.16025
C. The Supplemental Capital Facilities Capacity Charge shall be
calculated on the basis of the average daily quantity of discharge in excess of the
User's baseline. The daily averages will be based on the daily discharges for a
year, utilizing discharge records and reports of the District.
Section 9: Capital Facilities Capacity Charge: Replacement Structures.
For new construction replacing former structures, the Capital Facilities Capacity
Charge shall be calculated and paid to the District on the rate basis of the
category of the new use and the amounts as set forth in Table 1, less a credit
amount, up to the amount of the new Capital Facilities Capacity Charge, equal to
a charge, as prescribed in Table 1 that would be for the prior category of use
which was terminated and removed.
Section 10: Capital Facilities Capacity Charge: Remodeled Structures.
In the case of existing structures connected to the District's system facilities, to
which new construction or alteration is made to change or increase the category
of use, a Capital Facilities Capacity Charge shall be calculated and paid to the
District on the rate basis of the category of the new use and the amounts as set
forth in Table 1, less a credit amount, up to the amount of the new Capital
Facilities Capacity Charge, equal to a charge, as prescribed in Table 1 for the
prior category of use.
Section 11: Payment of Capital Facilities Capacity Charge: Off -Site
Sewers Not Part of Master Plan Relative to Reimbursement Agreements. A
charge for connection to off -site sewers which are not included as part of the
District Master Plan and for which a Non -Master Plan Reimbursement
Agreement has been entered into between the District and the property owner,
shall be paid in the amount provided for in said Agreement, to be known as a
Non -Master Plan Capital Facilities Capacity Charge. The amount set forth in
said Agreement shall be the amount due, whether the original Agreement is still
in force, has been extended, or has expired. The Non -Master Plan Capital
Facilities Capacity Charge shall be in addition to the other Capital Facilities
Capacity Charges provided for in Sections 3 and 4 hereinabove, established for
property connecting to said facilities.
Section 12: No Refund or Transfer. A Capital Facilities Capacity Charge
is paid for the connection of a specific parcel of property. No refund of any
charge shall be made because of non-use or change of use, or any other reason.
The connection permit is non -transferable to any other property.
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Section 13: Baseline Transferability. The baseline of allowed discharge
of flow, BOD and SS used to calculate a Supplemental Capital Facilities Capacity
Charge shall not be transferable, nor shall a credit for such previously existing
baseline be provided to another SCIU concurrently or subsequently occupying
the same property. Each such SCIU shall pay Supplemental Capital Facilities
Capacity Charges in accordance with Section 7 above.
Section 14 : Exceptions. The provisions of this Ordinance shall apply to
all owners of properties within the District, including those properties otherwise
deemed exempt from payment of taxes or assessments by provisions of the
State Constitution or statute, including properties owned by other public agencies
or tax-exempt organizations.
Section 15: Severability. If any provision of this Ordinance or the
application to any person or circumstances is held invalid by order of Court, the
remainder of the Ordinance, or the application of such provision to other persons
or other circumstances, shall not be affected.
Section 16 : Effective Date. This Ordinance shall take effect January 1,
2000.
Section 17: Repeal. Ordinance No. OCSD-09 is hereby repealed as of
the effective date of this Ordinance.
Section 18 : Certification and Publication. The Secretary of the Board
shall certify to the adoption of this Ordinance and shall cause a summary to be
published in a newspaper of general circulation as required by law.
PASSED AND ADOPTED by the affirmative vote of not less than two-
thirds of the Board of Directors of the Orange County Sanitation District at a
Regular Meeting held
Chair, Board of Directors
Orange County Sanitation District
ATTEST:
Secretary of the Board of Directors
Thomas L. Woodruff, District Counsel
TFN:pj:#112779:11/10/99 - REDLINE 10
FAHR COMMITTEE
AGENDA REPORT
Orange County Sanitation District
FROM: Gary Streed, Director of Finance
Originator: Steve Kozak, Financial Manager
SUBJECT: TREASURER'S REPORT FOR THE MONTH OF
OCTOBER 1999
GENERAL MANAGER'S RECOMMENDATION
Receive and file Treasurer's Report for the month of October 1999.
SUMMARY
Meeting Date To J. Bds.
11/10/99 11/17/99
Item Number Item Number
Pacific Investment Management Co. (PIMCO), serves as the District's
professional external money manager, and Mellon Trust serves as the District's
third -party custodian bank for the investment program.
The District's Investment Policy, adopted by the Board, includes reporting
requirements as listed down the left most column of the attached PIMCO Monthly
Report for the "Liquid Operating Monies" and for the "Long -Term Operating
Monies." The District's external money manager is operating in compliance with
the requirements of the District's Investment Policy. The District's portfolio
contains no reverse repurchase agreements.
Historical cost and current market values are shown as estimated by both
PIMCO and Mellon Trust. The District's portfolios are priced to market ("mark -to -
market") as of the last day of each reporting period. The slight differences in
value are related to minor variations in pricing assumptions by the valuation
sources at the estimate date.
PROJECT/CONTRACT COST SUMMARY
None.
BUDGET IMPACT
❑ 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)
NradonldatalWvp.dtalfin%210%crane%FAHR%Fahr98WovATreasurees Report-0cidac
Revised: 10/17/97 Page 1
ADDITIONAL INFORMATION
Schedules are attached summarizing the detail for both the short-term and
long-term investment portfolios for the reporting period. In addition, a
consolidated report of posted investment portfolio transactions for the month is
attached. The attached yield analysis report is presented as a monitoring and
reporting enhancement. In this report, yield calculations based on book values
and market values are shown for individual holdings, as well as for each portfolio.
Mellon Trust, the District's custodian bank, is the source for these reports.
Transactions that were pending settlement at month end may not be reflected.
These reports accurately reflect all District investments and are in compliance
with California Government Code Section 53646 and the District's Investment
Policy. Sufficient liquidity and anticipated revenues are available to meet
budgeted expenditures for the next six months.
The table below details the book balances of the District's funds at month -end. A
graphical representation of month -end balances is shown by the attached bar
chart.
Funds/Accounts
$cok Balances
Oct. 31, 1999
Estimated
Yield 4°by
State of Calif. LAIF
$ 12,755,013
5.4
Union Bank Checking Account
345,903
—
Union Bank Overnight Repurchase Agreement
2,276,000
4.6
P I MCO — Short-term Portfolio
19,140, 980
4.8
PIMCO - Long-term Portfolio
268,351,588
4.7
District 11 GO Bond Fund 921
1,907
5.1
Debt Service Reserves @ Trustees
32,157,314
6.1
Petty Cash
4,400
—
TOTAL
$335, 033,105
ALTERNATIVES
None.
CEQA FINDINGS
None.
ATTACHMENTS
1. Monthly Investment Reports
2. Monthly Transaction Report
GGS:SK:lc
%Vadon%data1Nwp dta1fin1210kraneTAHR%FahrMN&ATreasurors Report-Octdw
Revised: 10/17197 Page 2
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ROLL CALL
FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE
Meeting Date: November 10. 1999 Time: 5:30 p.m.
Adjourn:
COMMITTEE MEMBERS
THOMAS R. SALTARELLI (Chair) .................................................
MARK LEYES (Vice Chair)............................................................
L'
SHAWN BOYD...............................................................................
Q/
JOHN M. GULLIXSON...................................................................
SHIRLEY MC CRACKEN...............................................................
MARK A. MURPHY........................................................................
JAMES W. SILVA...........................................................................
6�
JAN DEBAY (Board Chair)............................................................
PEER SWAN (Board Vice Chair) ...................................................
✓
JOHN J. COLLINS (Past Board Chair) ..........................................
OTHERS � � ��� 1 � 4w f
TOM WOODRUFF, General Counsel ............................................... r/
TOBY�..fEIS/SfERT, ��C}jarolb Eeer
11 ngi y...............................................
�W���
STAFF
DON MCINTYRE, General Manager ................................................
BLAKE ANDERSON, Assistant General Manager ..........................
DAVID LUDWIN, Director of Engineering .......................................
BOB OOTEN, Director of Operations & Maintenance .....................
_—
MIKE PETERMAN, Director of Human Resources ..........................
GARY STREED, Director of Finance ...............................................
MICHELLE TUCHMAN, Director of Communications .....................
PATRICK MILES, Director of Information Technology ...................
✓
ROBERT GHIRELLI, Director of Technical Services ......................
STEVE KOZAK, Financial Manager ................................................
MIKE WHITE, Controller..................................................................
_LG
GREG MATHEWS, Assistant to the General Manager ....................
LISA TOMKO, Human Resources Manager ....................................
_
DAWN MCKINLEY, Sr. Human Resources Analyst ........................
—
PENNY KYLE, Committee Secretary ...............................................
C: Lenora Crane
Corrected
FILED
RINUTES OF FINANCE ADMINISTRATQNj�ANvG7EvOF THT;,SECRETARYTION DISTRICT
HUMAN RESOURCES C011J NI MITTEE f(NG
Orange County Sanitation District UCT 27 1999
Wednesday, October 13, 1999, 5 p.m. By ! ' k
A meeting of the Finance, Administration and Human Resources Committee of the Orange
County Sanitation District was held on October 13, 1999 at 5 p.m., in the District's Administrative
Office.
(1) The roll was called and a quorum declared present, as follows:
(2)
FAHR COMMITTEE MEMBERS:
Directors Present:
Thomas Saltarelli, Chair
Mark Leyes, Vice Chair
Shawn Boyd
John M. Gullixson
Shirley McCracken
Peer Swan, Board Vice Chair
John J. Collins, Past Board Chair
Directors Absent:
Jan Debay, Board Chair
Mark A. Murphy
APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3)
PUBLIC COMMENTS
There were no public comments.
OTHERS PRESENT:
Thomas Woodruff,
Don Hughes
Toby Weissert
Dan Cassidy
Gerald Nichols
John Newham
Dave Briney
STAFF PRESENT:
General Counsel
Blake Anderson, Assistant General Manager
Mike Peterman, Director of Human Resources
Gary Streed, Director of Finance
Michelle Tuchman, Director of Communications
Robert Ghirelli, Director of Technical Services
Mike White, Controller
Steve Kozak, Financial Manager
Lisa Tomko, Human Resources Manager
Dawn McKinley, Sr. Human Resources Analyst
Greg Mathews, Assistant to General Manager
Marc Dubois, Purchasing Manager
Laurie Bluestein, Communications Action Team
Penny Kyle, Committee Secretary
Minutes of the Finance, Administration and Human Resources Committee Meeting
Page 2
October 13, 1999
(4) RECEIVE, FILE AND APPROVE MINUTES OF PREVIOUS MEETING
It was moved, seconded and duly carried to approve the minutes of the September 8, 1999
Finance, Administration and Human Resources Committee meeting, as drafted.
(5)
REPORT OF THE COMMITTEE CHAIR
The Committee Chair had no report.
(6) REPORT OF THE GENERAL MANAGER
The General Manager was not present.
(7)
REPORT OF ASSISTANT GENERAL MANAGER
Blake Anderson updated the members on the actions taken by the Kern County Board of
Supervisors on the Biosolids Ordinance. The Supervisors voted 5-0 to proceed with the biosolids
ordinance, which bans Class B biosolids in three years on agricultural land in the unincorporated
portions of Kern County imposes road fees and provides for setbacks from groundwater,
neighbors and schools. They also filed a negative declaration in accordance with the California
Environmental Quality Act with respect to any environmental impacts of the ordinance adoption
Staff and General Counsel are preparing to file a challenge to the CEQA action and to the
ordinance itself. The Board of Directors will be asked to authorize the filings at its next meeting
(8) REPORT OF DIRECTOR OF FINANCE
Director of Finance Gary Streed referred to the handouts for the Directors that evening. A
revised table was provided for Item 13(a) — Delegation of Authority, a redlined copy of proposed
Ordinance No. OCSD-11, Item 13(b), and copies of letters from the Yorba Linda Water District
regarding Item 13(d).
(9) REPORT OF DIRECTOR OF HUMAN RESOURCES
The Director of Human Resources had no report.
(10) REPORT OF DIRECTOR OF COMMUNICATIONS
The Director of Communications reported that the District's Orange County Fair Program was the
recipient of the City -County Communications and Marketing Association's (3CMA) Silver Circle
Award for "Most Creative Public Outreach Program With Least Dollars Spent".
(11) REPORT OF GENERAL COUNSEL
General Counsel gave the Directors an update on the OCIP's response to the request for additional
legal fees from attorneys representing the County on the bankruptcy issue.
Minutes of the Finance, Administration and Human Resources Committee Meeting
Page 3
October 13, 1999
(11-1) REPORT OF DIRECTOR OF TECHNICAL SERVICES
Director of Technical Services Bob Ghirelli gave an update to the Directors regarding various options
to manage Class A and B biosolids and possibility of purchasing land in Kings County and Kern
County.
(12) CONSENT CALENDAR ITEMS (Items a-e)
a. FAHR99-71: Receive and file Treasurer's Report for the month of
September 1999: The Treasurer's Report was handed out at the FAHR
Committee meeting in accordance with the Board -approved Investment Policy,
and in conformance to the Government Code requirement to have monthly reports
reviewed within 30 days of month end.
b FAHR99-72: Receive and file Employment Status Report as of September 21,
1999.
C. FAHR99-73: Receive and file Certificate of Participation (COP) Monthly Report.
d. FAHR99-74: Receive and file report of General Manager approved purchases in
amounts exceeding $50,000 in accordance with District's purchasing policies.
e. FAHR99-75: Receive and file information related to District costs incurred for
Huntington Beach Closure Project, Subledger #09810318.
END OF CONSENT CALENDAR
Motion: Moved, seconded and duly carried to approve the recommended actions
for items specified as 12(a) through 12(e) under Consent Calendar.
(13) ACTION ITEMS (Items a-e)
a. FAHR99-76: Adopt Resolution No. OCSD 99-_, Establishing Policies and
Procedures for the Award of Purchase Orders and Contracts; Award of Public
Works Project Contracts; Award of Professional Services Contracts; Delegation of
Authority to Implement Said Policies and Procedures; and Repealing Resolutions
Nos. OCSD 98-8, OCSD 98-12, OCSD 98-22, and OCSD 98-43.
The Directors entered into a lengthy discussion and asked questions of staff.
Motion: Moved, seconded and duly carried to continue this item to the November
1 Ai=AF HR meeting and request staff to report on internal control process as it
relates to the issuance of professional services agreements.
Minutes of the Finance, Administration and Human Resources Committee Meeting
Page 4
October 13, 1999
b. FAHR99-77: Ratify the decision of the General Manager and authorize him to
waive the Capital Facilities Capacity Charge (CFCC), pursuant to District's
Ordinance No. OCSD99-01, Section 305.6, regarding issuance of the Special
Purpose Discharge Permits to the City of Huntington Beach and the County of
Orange to allow urban runoff to be discharged to the District's wastewater system
for a one-year period effective November 1, 1999.
Motion: Moved, seconded and duly carried to approve staffs recommendation.
C. FAHR99-78: Adopt Resolution No. OCSD 99-_, Amending Human Resources
Policies and Procedures, Resolution No. OCSD 98-33 Relating tot) Adjust the
Assistant General Manager's pay range (E20) maximum from $136,680 to
$148,836; 2) Move the Director of Information Technology classification from pay
range E17 ($75,876-$119,784) to pay range E18 ($85,992-$139,464); 3) Move the
Warehouse Supervisor classification from pay range E4 ($43,248-$61,236) to pay
range E9 ($55,212-$78,156); 4) Move the Contracts & Purchasing Supervisor
classification from pay range E9 ($55,212-$78,156) to pay range El ($60,828-
$86,064); 5) Create Contracts Specialist classification at pay range E2 ($39,252-
$55,488); 6) Create Contracts Administrator classification at pay range E7
($50,064-$70,848); 7) Reinstate the Safety and Emergency Response Specialist
classification at pay range E8 ($52,500-$74,292); and 8) Create Information
Technology Strategic Implementation Leader classification at pay range El
($60,828-$86,064).
Motion: Moved, seconded and duly carried to approve staffs recommendation.
Director Gullixson also requested that staff provide a listing of all employees
wages and benefits.
d. FAHR99-79: Director's request to reconsider District's Policy regarding Refund
and Credit for Sanitary Sewer Service Charges.
The Directors entered into a discussion regarding the legality of extending the
time frame in which property owners could request a refund of user fees
erroneously paid in previous years. Director Gullixson referred the Directors to
copies of letters from Yorba Linda Water District that were provided that evening.
Motion: Moved, seconded and duly carried to form an Ad Hoc Committee to do
further study on the District's current policy of refund of user fees and the legality
of extending the time frame in which property owners could be granted a refund of
those user fees paid erroneously.
Minutes of the Finance, Administration and Human Resources Committee Meeting
Page 5
October 13, 1999
e. FAHR99-80: Proposed Ordinance Revisions for Capital Facilities Capacity
Charges
General Counsel gave a brief report regarding the need to incorporate the
revisions to Ordinance No. OCSD99-09. The intent of the ordinance when
adopted was to have existing dischargers only pay an additional capital facilities
capacity charge (CFCC) at that time when they expanded their use or facility and
increased their discharge of flow, BOD or suspended solids. A revision of the
ordinance is deemed necessary to clarify certain ambiguities.
Motion: Moved, seconded and duly carried to include proposed ordinance
revisions for capital facilities capacity charges in proposed Ordinance No.
OCSD99-11.
(14) INFORMATION PRESENTATIONS
a. FAHR99-81: State of the District — Employee Audit
Director of Communications Michelle Tuchman gave a brief report on a survey of
employees completed each year to track changes in employee morale, attitude
and perceptions, and to determine the effectiveness of the District's existing
communications programs.
Directors requested that in the future the title of the report not use the word audit.
(15) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY
There were no supplemental agenda items.
(16) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR
ACTION AND STAFF REPORT
There were none.
(17)
CONSIDERATION OF UPCOMING MEETINGS
The next FAHR Committee meeting is scheduled for November 10, 1999 at 5 p.m
(18) CLOSED SESSION
The Chair reported to the Committee the need for a Closed Session, as authorized by
Government Code Section 54957.6, to discuss and consider the items that are specified as
Item 18(A)(1) on the published Agenda. The Committee convened in closed session at 7:02 p.m.
Minutes of the Finance, Administration and Human Resources Committee Meeting
Page 6
October 13, 1999
Confidential Minutes of the Closed Session held by the Finance, Administration and Human
Resources Committee have been prepared in accordance with California Government Code
Section 54957.2, and are maintained by the Board Secretary in the Official Book of Confidential
Minutes of Board and Committee Closed Meetings. No reportable action was taken re Agenda
Item No. 18(a)(1).
At 7:29 p.m., the Committee reconvened in regular session.
(20)
ADJOURNMENT
The Chair declared the meeting adjourned at approximately 8:00 p.m.
Submitted by:
Penny Kyle/
FAHR Comrnitt Secretary
H:lwp.dtalagendalFAHRIFahr99199mins1101399 FAHR MIN.doc
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
Pursuant to California Government Code Section 54954.2, 1 hereby certify that
the Notice and the Agenda for the Finance, Administration, and Human Resources
Committee meeting to be held on 4t[ ZU hf �t Al , 1992, was duly posted
for public inspection in the main lobby of the District's offices onA!7���z
199�.
IN WITNESS WHEREOF, I have hereunto set my hand this/ 6f day of
A:8;
Penny M. Kyle, &e&etary
Board of Directors
Orange County Sanitation District
H:\wP.DTA\ADMIN\BS\FORMS\AGENDA CERTIFICATION-FAHR COMMITTEE.DOC
November 3, 1999
DISTRIBUTION
FAHR COMMITTEE MEETING PACKAGE
Full Agenda Packaue 45
Committee 13
& Mailing List
Donald F. McIntyre 1
Blake P. Anderson 1 (3-hole punched)
Dan Dillon
1
Marc Dubois
1
Jeff Esber
1
Steve Kozak
1
Penny Kyle
2
David Ludwin
1
Greg Mathews
1
Patrick Miles
1 (3-hole punched)
Bob Ooten
1
Mike Peterman
1
Gary Streed
1
Michelle Tuchman
1 (3-hole punched)
Robert Ghirelli
1
Mike White
1 (3-hole punched)
Cagle, Brad
1
Lisa Tomko
1
Bob Geggie
1
Patricia Jonk
1
Lenora Crane
1
File
1
Extras
5 (for meeting hand-out, if necessary)
Notices and Agenda Only 12
Posting
1
Jean Tappan
1
Anna Ubaldini
1
Frankie Woodside
1
Patricia Magnante
1
Janet Gray
1
Security
1
Extras
5 (for meeting hand-out, if necessary)
Ron Zenk, Dist. 14 Treasurer's Re ort Only
c
\\RADON\DATA7 \WP.DTAW DMIN\BS\FAHR\DISTRIBUTIONLISTFAHR.DOC
ouNS SAHIrA] Og
ORANGE COUNTY SANITATION DISTRICT
November 4, 1999
phone:
1714) 962-2411
mailing address: *****NOTE CHANGE OF MEETING TIME****
P.O. Box 8127
Fountain Valley, CA
92728-8127
street address: NOTICE OF MEETING
10844 Ellis Avenue
Fountain Valley, CA
9270E-7018
FINANCE ADMINISTRATION AND HUMAN RESOURCES
COMMITTEE
Member
Agencies
ORANGE COUNTY SANITATION DISTRICT
Cities
Anaheim
Brea
WEDNESDAY, NOVEMBER 10, 1999 - 5:30 P.M.****
Buena Pak
Cypress
Fountain Valley
Fullerton
DISTRICT'S ADMINISTRATIVE OFFICES
Garden Grove
10844 ELLIS AVENUE
Huntington Beach
Irvine
FOUNTAIN VALLEY, CALIFORNIA 92708
La Habra
La Palma
Los Alamitos
Newport Beach
Orange
Placentia
A regular meeting of the Finance, Administration and Human
Santa Ana
Resources Committee of the Board of Directors of the Orange
SealB
Stanton
County Sanitation District, will be held at the above location, date
Tustin
and time.
Villa Park
Yorba Linda
County of Orange
Sanitary Districts
Costa Mesa
Midway City
Water Districts
Irvine Ranch
"To Protect the Public Health and the Environment through Excellence in Wastewater Systems"
FINANCE. ADMINISTRATION AND HUMAN RESOURCES
COMMITTEE MEETING DATES
FAHR Committee Meeting Dates
November 10, 1999
December 8, 1999
None Scheduled
February 9, 2000
March 8, 2000
April 12, 2000
June 14, 2000
July 12, 2000
No Meeting Scheduled
September 13, 2000
October 11, 2000
November 8, 2000
Board Meetina Dates
November 17, 1999
December 15, 1999
January 26, 2000
February 23, 2000
March 22, 2000
April 26, 2000
June 28, 2000
July 26, 2000
August 23, 2000
September 27, 2000
October 25, 2000
November 15, 2000
ROLL CALL
FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE
Meeting Date: November 10, 1999 Time: 5:30p.m.
Adjourn:
COMMITTEE MEMBERS
THOMAS R. SALTARELLI (Chair) .................................................
MARK LEYES (Vice Chair)............................................................
SHAWNBOYD...............................................................................
JOHN M. GULLIXSON...................................................................
SHIRLEY MC CRACKEN...............................................................
MARK A. MURPHY........................................................................
JAMES W. SILVA...........................................................................
JAN DEBAY (Board Chair)............................................................
PEER SWAN (Board Vice Chair) ...................................................
JOHN J. COLLINS (Past Board Chair) ..........................................
OTHERS
TOM WOODRUFF, General Counsel ...............................................
TOBY WEISSERT, Carollo Engineers .............................................
STAFF
DON MCINTYRE, General Manager ................................................
BLAKE ANDERSON, Assistant General Manager ..........................
DAVID LUDWIN, Director of Engineering .......................................
BOB OOTEN, Director of Operations & Maintenance .....................
MIKE PETERMAN, Director of Human Resources ..........................
GARY STREED, Director of Finance ...............................................
MICHELLE TUCHMAN, Director of Communications .....................
PATRICK MILES, Director of Information Technology ...................
ROBERT GHIRELLI, Director of Technical Services ......................
STEVE KOZAK, Financial Manager ................................................
MIKE WHITE, Controller..................................................................
GREG MATHEWS, Assistant to the General Manager ....................
LISA TOMKO, Human Resources Manager ....................................
DAWN MCKINLEY, Sr. Human Resources Analyst ........................
PENNY KYLE, Committee Secretary ...............................................
c: Lenora Crane
AGENDA
REGULAR MEETING OF THE
FINANCE, ADMINISTRATION AND HUMAN RESOURCES COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
WEDNESDAY, NOVEMBER 10, 19991 AT 5:30 P.M.
ADMINISTRATIVE OFFICE
10844 Ellis Avenue
Fountain Valley, California 92708
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.
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 that there is a need
to take immediate action which need came to the attention of the Committee subsequent to the posting of the
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.
(1) ROLL CALL
(2) APPOINTMENT OF CHAIR PRO TEM 1F NECESSARY
(3) PUBLIC COMMENTS
All persons wishing to address the Finance, Administration and Human Resources Committee on
specific agenda items or matters of general interest should do so at this time. As determined by the
Chair, speakers may be deferred until the specific item is taken for discussion and remarks may be
limited to five minutes.
Matters of interest addressed by a member of the public and not listed on this agenda cannot have
action taken by the Committee except as authorized by Section 54954.2(b).
November 10, 1999
(4) APPROVE MINUTES OF PREVIOUS MEETING
Approve minutes of the October 13, 1999, Finance, Administration and Human Resources
Committee meeting.
(5) REPORT OF COMMITTEE CHAIR
(6) REPORT OF GENERAL MANAGER
(7) REPORT OF ASSISTANT GENERAL MANAGER
(8) REPORT OF DIRECTOR OF FINANCE
(9) REPORT OF DIRECTOR OF HUMAN RESOURCES
(10) REPORT OF DIRECTOR OF COMMUNICATIONS
(11) REPORT OF GENERAL COUNSEL
(12) CONSENT CALENDAR ITEMS (a-d)
Consideration of motion to approve all agenda items appearing on the Consent Calendar not
specifically removed from same, as follows:
............... - .._..__......-................... - ._.......... . ---.-.......-.......�
An ma ers placed on a consentcalendar are considered as not requiring di.s.cussion or further explanation and
unless any particular item is requested to be removed from the consent calendar by a Director, staff member or I
member of the public in attendance, there will be no separate discussion of these items. All items on the consent
Icalendar 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.
`Members of the public who wish to remove an item from the consent calendar shall, upon recognition by the chair,
state their name, address and designate by number the item to be removed from the consent calendar.
!The Chair will determine if any items are to be deleted from the consent calendar.
a. FAHR99-82: Receive and file Treasurer's Report for the month of October 1999. The
Treasurer's Report will be distributed at the FAHR Committee meeting in
accordance with the Board -approved Investment Policy, and in
conformance to the Government Code requirement to have monthly
reports reviewed within 30 days of month end.
2
November 10, 1999
b. FAHR99-83: Receive and file the First Quarter Financial and Operational Report for
the period ending September 30, 1999.
C. FAHR99-84: Receive and file Certificate of Participation (COP) Monthly Report.
d. FAHR99-85: Adopt Resolution No. OCSD 99-_, Amending Policies Numbers
B30.00, C10.00, C20.00, C30.00, C150.00, D50.00, D60.00, D90.00 and
F80.00 of Exhibit A of Resolution No. OCSD 98-33; Adding Policies
Numbers C20.10 and C170.00 to Exhibit A of Resolution No. 98-33;
Ratifying any Additional Amendments to Exhibit A of Resolution No.
OCSD 98-33; and Ratifying that All Future Amendments to Exhibit A of
Resolution No. OCSD 98-33 be Made by Resolution re Human
Resources Policies and Procedures Manual Providing for Classification,
Compensation and Other Terms, Conditions, Policies and Procedures
Governing District Employment
Consideration of items deleted from Consent Calendar, if any.
(13) ACTION ITEMS (a-e)
a. FAHR99-86: 1) Approve plan to restructure and modernize the District's existing
Certificates of Participation long term borrowings; and 2) Authorize the
General Manager to execute professional service agreements with
PaineWebber, Inc. and Orrick, Herrington & Sutcliffe to implement the
COP restructuring plan.
(Steve Kozak —10 minutes)
b. FAHR99-87: Receive and file the District's Comprehensive Annual Financial Report
(CAFR) for the year ended June 30, 1999, prepared by staff and audited
by Moreland and Associates, Certified Public Accountants.
(Mike White and Mike Moreland - 15 minutes)
C. FAHR99-88: Review of Internal Controls over Payroll, Cash Receipts, Cash
Disbursements, and Treasury Management
(Mike White —10 minutes)
d. FAHR99-89: Adopt Resolution No. OCSD 99-_, Establishing Policies and
Procedures for the Award of Purchase Orders and Contracts; Award of
Public Works Project Contracts; Award of Professional Services
Contracts; Delegation of Authority to Implement Said Policies and
Procedures; and Repealing Resolutions Nos. OCSD 98-8, OCSD 98-12,
OCSD 98-22, and OCSD 98-43.
(Gary Streed, David Ludwin and Marc Dubois — 20 minutes)
3
November 10, 1999
e. FAHR99-90: Approve Ordinance No. OCSD-11, Adopting Capital Facilities Capacity
Charges and Repealing Ordinance No. OCSD-09.
(Tom Woodruff —15 minutes)
(14) INFORMATIONAL PRESENTATIONS
(15) OTHER BUSINESS COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS IF ANY
(16) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR
ACTION AND STAFF REPORT
(17) FUTURE MEETING DATES
The next Finance, Administration and Human Resources Committee Meeting is scheduled for
December 8, 1999, at 5 p.m.
(18) CLOSED SESSION
uuring ine course or conducting the business set forth on this agenda as a regular meeting of the 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)
employee actions or negotiations with employee representatives; or which are exempt from public disclosure under
the California Public Records Act, may be reviewed by the Committee during a permitted closed session and are
not available for public inspection. At such time as final actions are taken by the Committee on any of these
subjects, the minutes will reflect all required disclosures of information.
A. Convene in closed session.
1. Confer with General Counsel re Colich Brothers, Inc. v. OCSD, Orange County
Superior Court Case No. 806799 (Government Code Section 54956.9).
2. Confer with District's Labor Negotiator (Government Code Section 54957.6).
B. Reconvene in regular session.
C. Consideration of action, if any, on matters considered in closed session.
(19) ADJOURNMENT
November 10, 1999
Notice 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: Thomas Saltarelli (949) 833-9200
Committee Secretary: Penny Kyle (714) 593-7130
k,
November 3, 1999
...
AHR. COM IIIITTE&..
1�IQ i 9 item: Actiol i
December
Quarterly Investment Program Report
Information
December
2000-01 Budget Assumptions and Fiscal Policies
Action
December
Initiate Selection of Financial Auditors
Action
January
No meeting anticipated
February
1999-00 Mid -Year Operational and Financial
Report
Action
February
2000-01 CIP Budget Status Report
Information
February
General Manager's Approved Purchases Report
Action
February
Quarterly Investment Program Report
Information
February
Update of Human Resources Policies &
Procedures
Action
March
2000-01 Budget Status Report
Information
March
2000-01 User Fee and Connection Fee Report
Action
March
Initiate Selection of Finance Team for COPs
Action
CSDOC • P.O. Box 8127 0 Fountain Valley, CA 92728-8127 0 (714) 962-2411
MINUTES OF FINANCE ADMINISTRATION AND
HUMAN RESOURCES C MMITTEE MEETING
Orange County Sanitation District
Wednesday, October 13, 1999, 5 p.m.
A meeting of the Finance, Administration and Human Resources Committee of the Orange
County Sanitation District was held on October 13, 1999 at 5 p.m., in the District's Administrative
Office.
(1) The roll was called and a quorum declared present, as follows:
FAHR COMMITTEE MEMBERS:
Directors Present:
Thomas Saltarelli, Chair
Mark Leyes, Vice Chair
Shawn Boyd
John M. Gullixson
Shirley McCracken
Peer Swan, Board Vice Chair
John J. Collins, Past Board Chair
Directors Absent:
Jan Debay, Board Chair
Mark A. Murphy
(2) APPOINTMENT OF CHAIR PRO TEM
No appointment was necessary.
(3) PUBLIC COMMENTS
There were no public comments.
OTHERS PRESENT:
Thomas Woodruff, General Counsel
Don Hughes
Toby Weissert
Dan Cassidy
Gerald Nichols
John Newham
Dave Briney
STAFF PRESENT:
Blake Anderson, Assistant General Manager
Mike Peterman, Director of Human Resources
Gary Streed, Director of Finance
Michelle Tuchman, Director of Communications
Robert Ghirelli, Director of Technical Services
Mike White, Controller
Steve Kozak, Financial Manager
Lisa Tomko, Human Resources Manager
Dawn McKinley, Sr. Human Resources Analyst
Greg Mathews, Assistant to General Manager
Marc Dubois, Purchasing Manager
Laurie Bluestein, Communications Action Team
Penny Kyle, Committee Secretary
Minutes of the Finance, Administration and Human Resources Committee Meeting
Page 2
October 13, 1999
(4) RECEIVE FILE AND APPROVE MINUTES OF PREVIOUS MEETING
It was moved, seconded and duly carried to approve the minutes of the September 8, 1999
Finance, Administration and Human Resources Committee meeting, as drafted.
(5) REPORT OF THE COMMITTEE CHAIR
The Committee Chair had no report.
(6) REPORT OF THE GENERAL MANAGER
The General Manager was not present.
(7) REPORT OF ASSISTANT GENERAL MANAGER
Blake Anderson updated the members on the actions taken by the Kern County Board of
Supervisors on the Biosolids Ordinance. The Supervisors voted 5-0 to proceed with the biosolids
ordinance, which bans Class B biosolids in three years on agricultural land in the unincorporated
portions of Kern County imposes road fees and provides for setbacks from groundwater,
neighbors and schools. They also filed a negative declaration in accordance with the California
Environmental Quality Act with respect to any environmental impacts of the ordinance adoption
Staff and General Counsel are preparing to file a challenge to the CEQA action and to the
ordinance itself. The Board of Directors will be asked to authorize the filings at its next meeting
(8) REPORT OF DIRECTOR OF FINANCE
Director of Finance Gary Streed referred to the handouts for the Directors that evening. A
revised table was provided for Item 13(a) — Delegation of Authority, a redlined copy of proposed
Ordinance No. OCSD-11, Item 13(b), and copies of letters from the Yorba Linda Water District
regarding Item 13(d).
(9) REPORT OF DIRECTOR OF HUMAN RESOURCES
The Director of Human Resources had no report.
(10) REPORT OF DIRECTOR OF COMMUNICATIONS
The Director of Communications reported that the District's Orange County Fair Program was the
recipient of the City -County Communications and Marketing Association's (3CMA) Silver Circle
Award for "Most Creative Public Outreach Program With Least Dollars Spent".
(11) REPORT OF GENERAL COUNSEL
General Counsel gave the Directors an update on the OCIP's response to the request for additional
legal fees from attorneys representing the County on the bankruptcy issue.
Minutes of the Finance, Administration and Human Resources Committee Meeting
Page 3
October 13, 1999
(11-1) REPORT OF DIRECTOR OF TECHNICAL SERVICES
Director of Technical Services Bob Ghirelli gave an update to the Directors regarding various options
to manage Class A and B biosolids and possibility of purchasing land in Kings County and Kern
County.
(12) CONSENT CALENDAR ITEMS (Items a-e)
a. FAHR99-71: Receive and file Treasurer's Report for the month of
September 1999: The Treasurer's Report was handed out at the FAHR
Committee meeting in accordance with the Board -approved Investment Policy,
and in conformance to the Government Code requirement to have monthly reports
reviewed within 30 days of month end.
b. FAHR99-72: Receive and file Employment Status Report as of September21,
1999.
C. FAHR99-73: Receive and file Certificate of Participation (COP) Monthly Report.
d. FAHR99-74: Receive and file report of General Manager approved purchases in
amounts exceeding $50,000 in accordance with District's purchasing policies.
e. FAHR99-75: Receive and file information related to District costs incurred for
Huntington Beach Closure Project, Subledger #09810318.
END OF CONSENT CALENDAR
Motion: Moved, seconded and duly carried to approve the recommended actions
for items specified as 12(a) through 12(e) under Consent Calendar.
(13) ACTION ITEMS (Items a-e)
a. FAHR99-76: Adopt Resolution No. OCSD 99-_, Establishing Policies and
Procedures for the Award of Purchase Orders and Contracts; Award of Public
Works Project Contracts; Award of Professional Services Contracts; Delegation of
Authority to Implement Said Policies and Procedures; and Repealing Resolutions
Nos. OCSD 98-8, OCSD 98-12, OCSD 98-22, and OCSD 98-43.
The Directors entered into a lengthy discussion and asked questions of staff.
Motion: Moved, seconded and duly carried to continue this item to the November
10 AFAF HR meeting and request staff to report on internal control process as it
relates to the issuance of professional services agreements.
Minutes of the Finance, Administration and Human Resources Committee Meeting
Page 4
October 13, 1999
b. FAHR99-77: Ratify the decision of the General Manager and authorize him to
waive the Capital Facilities Capacity Charge (CFCC), pursuant to District's
Ordinance No. OCSD99-01, Section 305.6, regarding issuance of the Special
Purpose Discharge Permits to the City of Huntington Beach and the County of
Orange to allow urban runoff to be discharged to the District's wastewater system
for a one-year period effective November 1, 1999.
Motion: Moved, seconded and duly carried to approve staffs recommendation.
C. FAHR99-78: Adopt Resolution No. OCSD 99-_, Amending Human Resources
Policies and Procedures, Resolution No. OCSD 98-33 Relating tot) Adjust the
Assistant General Managers pay range (E20) maximum from $136,680 to
$148,836; 2) Move the Director of Information Technology classification from pay
range E17 ($75,876-$119,784) to pay range E18 ($85,992-$139,464); 3) Move the
Warehouse Supervisor classification from pay range E4 ($43,248-$61,236) to pay
range E9 ($55,212-$78,156); 4) Move the Contracts & Purchasing Supervisor
classification from pay range E9 ($55,212-$78,156) to pay range E11 ($60,828-
$86,064); 5) Create Contracts Specialist classification at pay range E2 ($39,252-
$55,488); 6) Create Contracts Administrator classification at pay range E7
($50,064-$70,848); 7) Reinstate the Safety and Emergency Response Specialist
classification at pay range E8 ($52,500-$74,292); and 8) Create Information
Technology Strategic Implementation Leader classification at pay range El
($60,828-$86,064).
Motion: Moved, seconded and duly carried to approve staffs recommendation.
Director Gullixson also requested that staff provide a listing of all employees
wages and benefits.
d. FAHR99-79: Director's request to reconsider District's Policy regarding Refund
and Credit for Sanitary Sewer Service Charges.
The Directors entered into a discussion regarding the legality of extending the
time frame in which property owners could request a refund of user fees
erroneously paid in previous years. Director Gullixson referred the Directors to
copies of letters from Yorba Linda Water District that were provided that evening.
Motion: Moved, seconded and duly carried to form an Ad Hoc Committee to do
further study on the District's current policy of refund of user fees and the legality
of extending the time frame in which property owners could request a refund of
those user fees paid erroneously
Minutes of the Finance, Administration and Human Resources Committee Meeting
Page 5
October 13, 1999
e. FAHR99-80: Proposed Ordinance Revisions for Capital Facilities Capacity
Charges
General Counsel gave a brief report regarding the need to incorporate the
revisions to Ordinance No. OCSD99-09. The intent of the ordinance when
adopted was to have existing dischargers only pay an additional capital facilities
capacity charge (CFCC) at that time when they expanded their use or facility and
increased their discharge of flow, BOD or suspended solids. A revision of the
ordinance is deemed necessary to clarify certain ambiguities.
Motion: Moved, seconded and duly carried to include proposed ordinance
revisions for capital facilities capacity charges in proposed Ordinance No.
OCSD99-11.
(14) INFORMATION PRESENTATIONS
a. FAHR99-81: State of the District — Employee Audit
Director of Communications Michelle Tuchman gave a brief report on a survey of
employees completed each year to track changes in employee morale, attitude
and perceptions, and to determine the effectiveness of the District's existing
communications programs.
Directors requested that in the future the title of the report not use the word audit.
(15) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY
There were no supplemental agenda items.
(16) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR
ACTION AND STAFF REPORT
There were none.
(17) CONSIDERATION OF UPCOMING MEETINGS
The next FAHR Committee meeting is scheduled for November 10, 1999 at 5 p.m.
(18) CLOSED SESSION
The Chair reported to the Committee the need for a Closed Session, as authorized by
Government Code Section 54957.6, to discuss and consider the items that are specified as
Item 18(A)(1) on the published Agenda. The Committee convened in closed session at 7:02 p.m.
Minutes of the Finance, Administration and Human Resources Committee Meeting
Page 6
October 13, 1999
Confidential Minutes of the Closed Session held by the Finance, Administration and Human
Resources Committee have been prepared in accordance with California Government Code
Section 54957.2, and are maintained by the Board Secretary in the Official Book of Confidential
Minutes of Board and Committee Closed Meetings. No reportable action was taken re Agenda
Item No. 18(a)(1).
At 7:29 p.m., the Committee reconvened in regular session.
(20) ADJOURNMENT
The Chair declared the meeting adjourned at approximately 8:00 p.m
Submitted by:
,
Penny Kyle
FAHR Committe ecretary
H.Iwp.dta%agenda%FAHRIFahr99199mins1101399 FAHR MKdoc
FAHR COMMITTEE
AGENDA REPORT
Meeting Date
11/10/98
To Dir.
11/1/17/99
Item Number
Item Number
Orange County Sanitation District
FROM: Gary Streed, Director of Finance
Originator: Michael D. White, Controller
SUBJECT: FINANCIAL AND OPERATIONAL REPORT FOR THE QUARTER
ENDED SEPTEMBER 30, 1999
GENERAL MANAGER'S RECOMMENDATION
Receive and file the 1999-00 Financial and Operational Report for the First Quarter
ended September 30, 1999.
SUMMARY
Attached in a separately bound document is the District's First Quarter Financial and
Operational Report for the period ended September 30, 1999. This report is a
consolidation of both the financial and operational accomplishments of the District
through the first quarter of the 1999-00 fiscal year.
Contained within the First Quarter Financial Report and Operational Report are budget
summary reviews of the Joint Operating & Working Capital Funds, the Capital Outlay
Revolving Fund, individual Revenue Areas, and the self-insurance funds. Also
contained within this report is the status of the divisional performance objectives and
workplan milestones identified in the 1999-00 Approved Budget and Strategic Goals
Workplan.
As indicated within the Overview Section of this report, 27.29 percent, or $12,009,000 of
the 1999-00 net joint operating budget of $44.0 million has been expended. Net costs
have increased 14.94 percent in comparison with the same period last year primarily
due to the unexpected cost of the Huntington Beach Closure totaling $750,800.
Excluding the Huntington Beach Closure cost, net joint operating expenses would be at
25.6 percent of budget.
The total cost per million gallons at September 30, 1999 is $544.26 based on flows of
23,236.07 million gallons. This is $62.02, or 12.9 percent above the budgeted cost per
million gallons of $482.24. This overage is due in part to expenditures being slightly
high at 27.29 percent, but mostly due to the shortfall in flows which are 4.06 percent
below the budgeted amount of 250 million gallons per day. Excluding the Huntington
Beach Closure cost would reduce the cost per million gallons to $510.23, or 5.8 percent
above budget.
H:\wp.dta\fin\220\white\FAHR\99-001 QTRrptAIT.doc
Revised: 8120/98 Page 1
PROJECT/CONTRACT 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
None.
ALTERNATIVES
N/A
CEQA FINDINGS
N/A
ATTACHMENTS
1. 1999-00 Financial and Operational Report for the Quarter Ended
September 30, 1999
%VadonWatal lwp.dtalfinU201white%FAHR\99-001 QTRrptAlT.doc
Revised: 8120198 Page 2
FAHR COMMITTEE
AGENDA REPORT
Meeting Date
11/10/99
To Bd. ofDir.
N/A
Item Number.
Al
Item Number
Orange County Sanitation District
FROM: Gary Streed, Director of Finance
Originator: Steve Kozak, Financial Manager
SUBJECT: CERTIFICATES OF PARTICIPATION (COP) MONTHLY REPORT —
OCTOBER 1999
GENERAL MANAGER'S RECOMMENDATION
Receive and file Certificates of Participation (COP) Monthly Report for the month of
October 1999.
SUMMARY
Since June 1995, the daily rate COP program remarketing agents have been
PaineWebber for the Series "A" and the 1993 Refunding COPs, and J.P. Morgan for the
Series "C" COPs. Most fixed rate Series "B" COPs have been refunded and the 1992
Refunding COPs have always been remarketed by PaineWebber in a weekly mode.
PROJECT/CONTRACT COST SUMMARY
None.
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
For the month of October 1999, graphical and tabular reports are attached. The first
graph entitled, "OCSD COP Rate History Report," shows the variable interest rates on
each of the daily rate COPs since the last report, and the effective fixed rate for the two
refunding issues which are covered by an interest rate exchange agreement commonly
called a "swap."
H:\wp dial iin1210%cranelFAHR%Fahr991NrnACOPRII-9g.doc
Revised: 1/5/98 Page 1
The second bar chart entitled, "Comparative Daily COP Rate History Report," shows the
performance of the District's Daily Rate COPs as compared to a composite index rate,
which represents the average rate of six similar variable rate daily reset borrowings.
The third bar chart entitled, "COP Rate History, Comparison of Highest & Lowest
Rates," compares the performance (monthly average interest rate) of the District's Daily
Rate COPs with the highest and lowest monthly average rates from among six similar
variable rate daily reset COPs.
The table entitled, "COP Rate History, Comparison of Monthly Averages," shows the
monthly variable interest rate performance of the District's Daily Rate COPs as
compared to the composite index. Estimated annual interest payments calculated for a
standard $100 million par amount, are also shown.
Variable rates historically rise at the end of each calendar quarter, and especially at
year-end, because of business taxes and liquidity requirements. The rates decline to
prior levels immediately in the following month.
Staff maintains continuous rate monitoring and ongoing dialog with the remarketing
agents to keep the Committee fully informed about developments in the program as
they occur and at each meeting.
ALTERNATIVES
None.
CEQA FINDINGS
None.
ATTACHMENTS
1. Graph - OCSD COP Daily Rate History Report
2. Graph — Comparative Daily COP Rate History Report
3. Graph - COP Rate History, Comparison of Highest & Lowest Rates
4. Tabular - COP Rate History, Comparison of Monthly Averages
GGS:SK:lc
H:\wp dfa\ in\21ftrane\FAHR\Fahr98\Nov\COPR11-99 doc
Revised: 1/5W Page 2
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FAHR COMMITTEE
AGENDA REPORT
Orange County Sanitation District
FROM: Mike Peterman, Director of Human Resources
Originator: Lisa Tomko, Manager, Human Resources
Meeting Date To A. Bds.
11/10/99 11/17/99
A em Number Item Number
4-5
SUBJECT: CHANGES AND ADDITIONS TO HUMAN RESOURCES
POLICIES AND PROCEDURES AS AUTHORIZED BY
RESOLUTION 98-33
GENERAL MANAGER'S RECOMMENDATION
Adopt Resolution No. OCSD 99-XX implementing the attached changes and
additions to the existing Human Resources policies and procedures manual.
SUMMARY
Human Resources policies and procedures are amended two times each
calendar year. The attached policies are routine updates to maintain consistent
language with the Memorandums of Understanding (MOU) or to explain
procedures more clearly.
Copies of all policies affected are attached. Additional language is highlighted in
gray; deleted language is lined through.
PROJECT/CONTRACT COST SUMMARY
None
BUDGET IMPACT
❑ 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)
HAwp.dta\hrbpen\lomkoMR - P&P Update OcW.doc
Page 1
ADDITIONAL INFORMATION
Policy Number
And Subject
C10.00 —Classifications, Positions, Policy changed to reflect
Salary Ranges and Wages Pay for Performance
Merit Matrix for Exempt
Employees.
C20.00 — Compensation
C30.00 — Appraisal of Performance
D50.00 - Insurance Policy
From
To
Revision of "Exhibit A —
Salary Ranges" and
clarification of pay for
performance per the SPMT
Policy remains the
Change in wording to
same.
Sections 5.6.3.2 and
5.6.4.3
4.3 Professional,
4.3 Professional,
Supervisory,
Supervisory, Management
Management and EMT
and EMT employees will
employees will receive a
receive a performance
performance appraisal
appraisal prior to any
prior to any salary
salary adjustment.
adjustment or merit
bonus.
Reason
For Change
Changes per the SPMT
Negotiations.
i
Clarification of salary
adjustments for
Drobationary emDlovees.
Remove the words "or
merit bonus".
Policy remains the Additional language under To clarify that the District
same.
5.5 Dental and 6.1
provides insurance for its
Exceptions to exclude non-
employees only and does
employees.
not include independent
Professional employees
contractors.
1560.00 — Benefits Option Plan (BOP) 5.1 Professional
Provision negotiated in the
employees will receive
$750 annually.
will receive $1, 000
annually.
SPMT contract.
Clarify the past practice for
6.1 Add language
probationary employees.
regarding employees on
nrnho4inn
D90-00 — Tuition Reimbursement i —Tuition Assistance
Program
F80.00 — Workplace Violence and Workplace Violence
Weapons Policy Policy.
ALTERNATIVES
N/A
CEQA FINDINGS
N/A
ATTACHMENTS
Tuition Reimbursement Replaces Tuition
Program II Assistance Policv
Workplace Violence and Include the MOU language
Weapons Policy. regarding weapons in the
policy.
1. Policy C10.00 Classifications, Positions, Salary Ranges and Wages
2. Policy C20.00 Compensation
3. Policy C30.00 Appraisal of Performance
4. Policy D50.00 Insurance
5. Policy D60.00 Benefits Option Plan
6. Policy D90.00 Tuition Reimbursement Program
7. Policy F80.00 Workplace Violence and Weapons Policy
H:\wp.dta\hr\open\tomkol\AR - P&P Update NovMdoc
Page 2
Orange County
Policy Number: C10.00
Effective Date: November 17,1999
Sanitation District
Subject: CLASSIFICATIONS,
Supersedes: December 9, 1998
POSITIONS, SALARY
RANGES AND WAGES
Approved by:
1.0 PURPOSE
1.1 The purpose of this policy is to establish uniform guidelines and procedures for
use in the administration of the Districts' compensation programs.
2.0 ORGANIZATIONAL UNITS AFFECTED
2.1 All Districts' employees.
3.0 DEFINITIONS
Classifications are groups of positions, regardless of location, which are alike enough in
duties and responsibilities to be called by the same descriptive title, to be given the same
pay scale under similar conditions, and to require substantially the same qualifications.
Salary Ranges are the range of pay rates, from minimum to maximum, set for a pay
grade or class.
4.0 POLICY
4.1 The Districts' Compensation Program provides for the establishment of a wage
and benefit structure through the Meet and Confer process that a'�ews4D'D4sMcts�
Fga-Fg-r+t employees to effectively compete in the labor market and to retain
present employees through an internally consistent measure of relative job worth
and personal merit. Every position is assigned to a salary grade based upon the
duties and responsibilities of that position and the comparative market value of
that job function. Comparisons are most generally made with organizations of
similar size and engaged in similar occupational pursuits within the geographic
area of potential recruitment. The basic salary ranges are set forth on Exhibit A.
NOW
� i ET.ET�T.TT1� t
e
.�
L.
.+. _
Page 1
Fi4rt-he,-a-.ssig•nq;epA_e�-} iv ia ari b�fR the top quahl1a of ' e pt--mngss
isA_ i � �'n%_nernen Z,�,f e3 the employees ;t,Executive Ma r.�
4.3 Employees are awarded merit increases based upon their performance, as
determined by the performance evaluation program, and the position of their
salary within the pay range. The Merit Matrix is the tool used to determine the
actual amount of merit increase. In addition, employees in the Supervisory and
Professional Group who at least meet expectations receive annual Cost of Living
Adjustments (COLA) to keep employees' salaries at market. The amount of the
COLA is based on the Consumer Price Index (CPI, All -Urban Consumers -LA,
Riverside, Orange County) for the month of May and is distributed as a base -
building increase.
4.4 Employees in the Executive Management and Management Groups are awarded
merit increases based upon their performance, as determined by the performance
evaluation program, and the position of their salary relative to the external market.
External market rates are determined through the use of salary surreys. The merit
increase may be distributed as base building or non -base building.
4.5 The General Manager is authorized to employ and assign persons as needed to
occupy budgeted positions and to exercise supervision over all persons in
accordance with the provisions of this policy and to terminate, for cause, the
employment of any regular full time employee employed under these provisions. All
other employees, e.g., probationary, part-time, and limited term/temporary and
contract may be terminated at the Districts' sole discretion.
4.6 The General Manager is also authorized to employ Executive Management
employees on an "at -will" basis. Such status shall be memorialized by a written
agreement signed by the General Manager and the Executive Manager,
acknowledging that the Executive Manager shall serve at the pleasure of the General
Manager. Any Executive Management employee so employed on the date of
adoption of this policy, who has not signed an "at -will" agreement may voluntarily
elect to do so, but may not be required to do so.
4.7 Notwithstanding any other provisions of this policy or any prior Board action, the
General Manager is authorized to periodically adjust the rate of compensation of
Executive Management employees who have signed "at -will" agreements so long as
no adjustment exceeds the compensation permitted by the applicable salary range
established by the Joint Boards of Directors.
4.8 Employees who believe their position is not properly classified may request a
classification study of their position through their Department Head. Classification
studies shall only be conducted twice a year in November and May.
4.8.1 Classification study requests should be submitted to Human Resources
no later than October 1& for the November cycle and no later than April
101h for the May cycle.
4.8.2 All classification study findings regarding existing classifications are
subject to approval by the General Manager; findings recommending
new job classification titles or the reclassification of an existing
classification to a different pay range are subject to approval by the
Districts' Boards of Directors.
Page 2
4.9 The D'stfists aFe-goveFRBd by the provisions of the Federal F:aiF Labor Stand ar4s_A'_L
"wI.SA", and r
witl�rr the Ex utjnd AA•sSups i msa and-P+�Ytt
;y
fBRov^rr
c t the F-
F9ifFS
�« r-L&A.
4.10 The District shall provide an investment incentive salary to the employees within
the classifications and in the amounts, as set forth in Section 4.8.1, which amounts
are based on a percentage of salary equal to the amount previously paid to
designated employees pursuant to District Policy No. C150.00, Section 7.1, effective
October 22, 1997, and repealed April 22, 1998.
4.10.1 The percentage of base salary amounts are as follows:
Executive management — 6% (up to a maximum IRS amount)
Division management and supervisor — 4%
Professional and confidential — 3%
5.0 PROCEDURE
5.1 Employees on the Five -Step Pay Plan
5.1.1 New Employees. Employees who successfully complete their Initial
Probationary Period and are recommended for continued employment
are eligible for consideration of a salary adjustment of up to one step
(5.5%) effective on the first day of the pay period following completion of
the Initial Probationary Period. The Salary Review date for subsequent
annual reviews is established on the first day of a pay period following 26
weeks of continuous service and satisfactory completion of probation.
5.1.2 Annual Merit Increase. Employees who are not at the top of the salary
range for their classification are eligible for consideration of an annual
salary adjustment of up to one step (5.5%) on their Salary Review date,
provided their performance fully meets expectations.
5.1.3 Promotional Increase. Employees who earn a promotion are entitled to a
promotional increase of 5.5%, or to the base of the new range,
whichever is greater, upon the effective date of the promotion. If an
employee has not successfully completed their Promotional Probationary
Period on their Salary Review date, any adjustment resulting from that
annual review will be delayed until such time as the probationary period
is completed.
5.2 Executive Management, Management, Supervisory and Professional Group
Employees
5.2.1 New Employees. Employees who are hired into Executive Management,
Management, Supervisory and Professional Group positions with
"exempt" salary ranges shall be offered a salary at or near the minimum
of the range unless their level of background, expertise or prior earnings
result in a requirement for a salary greater than the minimum. The
determination of an appropriate salary should also consider relationships
to other employees in the same classification and to employees
supervised, if any.
Page 3
5.2.1.1 Employees in "exempt" range classifications serve a
Probationary Period of six months and receive a
comprehensive performance evaluation at the end of that
period. Employees who successfully conclude their
probation are eligible for a salary adjustment the subsequent
July in accordance with the provisions of the Management
Performance Review Program established by separate
action of the Boards of Directors as amended from time to
time.
5.2.2 Annual Manactement Performance Review Program. An annual
performance review is completed for all employees in "exempt" range
classifications in accordance with the provisions of the performance
evaluation Program. Performance based salary adjustments occur on the
first day of the first pay period in July, and n4ay will be prorated based
upon the date of hire or promotion, OF las! iReFease in those inSt.,RGO
where the-�,ai has not GGncludeei pmbatien as of july . If the
employee's probation period has not concluded as of July 1, the
performance based salary adjustment is deferred until the following July
and will be prorated based on date of hire or promotion.
5.2.3 Promotional Increases. Employees in "exempt" range classifications
who earn promotions to a new "exempt" range classification will normally
be offered a salary below the midpoint of the range that is commensurate
with their level of training and expertise, prior earnings, and in an
appropriate relationship to other employees in the same classification
and to employees supervised. The new salary will normally represent an
increase of at least 5.5 percent. Employees in "exempt" range
classifications are not entitled to a salary adjustment at the conclusion of
the Promotional Probationary Period. If the employee's probation period
has not concluded as of July 1, the performance based salary
adjustment is deferred
eaflsluded until the following July and will be prorated based on date of
promotion.
6.0 EXCEPTIONS
6.1 Sections 5.2.1, 5.2.2 and 5.2.3 do not apply to "at -will" Executive Management
Employees.
7.0 PROVISIONS AND CONDITIONS
8.0 RELATED DOCUMENTS
8.1 Exhibit A
8.2 Fair Labor Standards Act
Page 4
ATTACHMENT "A"
clsmnge
11/17/99
Pay
Orange County Sanitation District
Classifications By Employee Group
Operations and Maintenance (501)
Range
Minimum
Maximum
Classifications
FLSA Status
2015
44,571
55,504
Lead Electrical Technician
Non -Exempt
2015
44,571
55,504
Lead Instrumentation Technician
Non -Exempt
2014
42,207
52,549
Electrical Technician II
Non -Exempt
2014
42,207
52,549
Instrumentation Technician II
Non -Exempt
2013
40,775
50,776
Lead Mechanic
Non -Exempt
2013
40,775
50,776
Pump Power Operator
Non -Exempt
2013
40,775
50,776
Senior Plant Operator
Non -Exempt
2012
41,812
52,060
Lead Collection Facilities Worker
Non -Exempt
2012
41,812
52,060
Lead Worker
Non -Exempt
2012
41,812
52,060
Machinist
Non -Exempt
2011
39,304
48,949
Senior Mechanic
Non -Exempt
2011
39,304
48,949
Welder
Non -Exempt
2010
39,040
48,612
Equipment Operator
Non -Exempt
2009
37,979
47,285
Builder
Non -Exempt
2009
37,979
47,285
Electrical Technician I
Non -Exempt
2009
37,979
47,285
Instrumentation Technician I
Non -Exempt
2008
37,737
46,973
Plant Operator
Non -Exempt
2007
34,505
42,969
Electrical Maintenance Worker
Non -Exempt
2007
34,505
42,969
Instrumentation Maintenance Worker
Non -Exempt
2007
34,505
42,969
Painter
Non -Exempt
2007
34,505
42,969
Senior Maintenance Worker
Non -Exempt
2007
34,505
42,969
Senior Collection Facilities Worker
Non -Exempt
2006
33,590
41,812
Mechanic
Non -Exempt
2005
31,348
39,040
Collection Facilities Worker 11
Non -Exempt
2005
31,348
39,040
Maintenance Worker
Non -Exempt
2004
30,938
38,509
Operator In Training
Non -Exempt
2003
29,875
37,207
Groundskeeper
Non -Exempt
2002
29,490
36,700
Control Center Clerk
Non -Exempt
2001
24,184
30,093
Collection Facilities Worker I
Non -Exempt
2000
22,882
28,502
Helper
Non -Exempt
Pay
Orange County Sanitation District
Classifications By Employee Group
Administrative and Clerical
Exhibit A
iange
Minimum
Maximum
Classifications
FLSA Status
1019
44,680
55,628
Information Services Technician III
Non -Exempt
1017
41,714
51,940
Financial Technician
Non -Exempt
1015
40,606
50,540
Graphics Coordinator
Non -Exempt
1013
38,436
47,840
Senior Storeskeeper
Non -Exempt
1012
38,933
48,476
Administrative Assistant
Non -Exempt
1011
37,906
47,189
Graphics Services Assistant
Non -Exempt
1011
37,906
47,189
Information Services Technician II
Non -Exempt
1008
34,382
42,800
Information Services Technician I
Non -Exempt
1007
33,444
41,644
Secretary
Non -Exempt
1004
31,878
39,691
Senior Accounting Clerk
Non -Exempt
1004
31,878
39,691
Senior Office Aide
Non -Exempt
1003
31,660
39,424
Storeskeeper
Non -Exempt
1002
29,370
36,556
Accounting Clerk
Non -Exempt
1002
29,370
36,556
Office Aide
Non -Exempt
1002
29,370
36,556
Office Specialist
Non -Exempt
1001
26,308
32,770
Office Technician
Non -Exempt
904
14,468
30,164
Storeskeeper Assistant
Non -Exempt
903
14,468
24,812
Technical Services Assistant
Non -Exempt
derange
11/17/99
Pay
Range
Minimum
1027
42,551
1012
38,933
1012
38,933
Orange County Sanitation District
Classifications By Employee Group
Confidential
Maximum Classifications FLSA Status
52,978 Executive Assistant II Non -Exempt
48,476 Executive Assistant I Non -Exempt
48,476 Human Resources Assistant Non -Exempt
clsrenge
11/17/99
Orange County Sanitation District
Classifications By Employee Group
Executive Management
Pay
ange
I Minimum
Maximum
Classifications
FLSA Status
E27
$154,596
$154,596
General Manager
Exempt
E20
$95,676
$148,836
Assistant General Manager
Exempt
E19
$87,180
$139,980
Director of Engineering
Exempt
E19
$87,180
$139,980
Director of Operations & Maintenance
Exempt
E19
$87,180
$139,980
Director of General Services Administration
Exempt
E19
$87,180
$139,980
Director of Technical Services
Exempt
E18
$85,992
$139,464
Director of Finance
Exempt
E18
$85,992
$139,464
Director of Information Technology
Exempt
E17
$75,876
$119,784
Director of Human Resources
Exempt
E13
$67,128
$94,932
Director of Communications
Exempt
clsrange
11/17/99
Orange County Sanitation District
Classifications By Employee Group
Engineering
Pay
lange
I Minimum
Maximum Classifications
FLSA Status
1025
49,866
62,090 Senior Construction Inspector
Non -Exempt
1023
47,526
59,174 Engineering Associate
Non -Exempt
1020
45,621
56,786 Construction Inspector
Non -Exempt
1015
40,606
50,540 Engineer Aide III
Non -Exempt
1009
36,893
45,935 Engineering Aide II
Non -Exempt
1006
33,228
41,355 Engineering Aide I
Non -Exempt
clsrange
11117/99
Orange County Sanitation District
Classifications By Employee Group
Management
Pay
Range
Minimum
Maximum
Classifications
FLSA Status
E16
$77,688
$109,812
Construction Manager
Exempt
E16
$77,688
$109,812
Engineering Manager
Exempt
E16
$77,688
$109,812
Environmental Compliance & Monitoring Manager
Exempt
E16
$77,688
$109,812
Laboratory Manager
Exempt
E16
$77,688
$109,812
Source Control Manager
Exempt
E15
$73,956
$104,616
Controller
Exempt
E15
$73,956
$104,616
Financial Manager
Exempt
E15
$73,956
$104,616
Plant Automation Manager
Exempt
E15
$73,956
$104,616
Contracts & Purchasing Manager
Exempt
E13
$67,128
$94,932
Accounting Manager
Exempt
E13
$67,128
$94,932
Safety/Emergency Response Manager
Exempt
E13
$67,128
$94,932
Maintenance Manager
Exempt
E13
$67,128
$94,932
Human Resources Manager
Exempt
E13
$67,128
$94,932
Operations Manager
Exempt
E13
$67,128
$94,932
Information Technology Manager
Exempt
dsmnge
11/17/99
Orange County Sanitation District
Classifications By Employee Group
Professional
Pay
an a
Minimum
Maximum
Classifications
FLSA Status
E14
$70,380
$99,600
Chief Scientist
Exempt
E13
$67,128
$94,932
Assistant to the General Manager
Exempt
E13
$67,128
$94,932
Senior Engineer
Exempt
E12
$63,948
$90,468
Senior Scientist
Exempt
E12
$63,948
$90,468
Senior Regulatory Specialist
Exempt
E11
$60,828
$86,064
Engineer
Exempt
Ell
$60,828
$86,064
IT Strategic Implementation Leader
Exempt
E10
$57,852
$81,948
Secretary to the Board of Directors
Exempt
E9
$55,212
$78,156
Principal Administrative Analyst
Exempt
E9
$55,212
$78,156
Principal Engineering Associate
Exempt
E9
$55,212
$78,156
Project Specialist
Exempt
E9
$55,212
$78,156
Regulatory Specialist
Exempt
E9
$55,212
$78,156
Scientist
Exempt
E9
$55,212
$78,156
Principal Accountant
Exempt
E9
$55,212
$78,156
Principal Financial Analyst
Exempt
E9
$55,212
$78,156
Senior Human Resources Analyst
Exempt
E8
$52,500
$74,292
Associate Engineer III
Exempt
E8
$52,500
$74,292
Principal Environmental Specialist
Exempt
E8
$52,500
$74,292
Safety & Emergency Response Specialist
Exempt
E7
$50,064
$70,848
Programmer Analyst
Exempt
E7
$50,064
$70,848
Computer Hardware Specialist
Non -Exempt
E7
$50,064
$70,848
Telecommunications Specialist
Non -Exempt
E7
$50.064
$70,848
Maintenance Planner
Exempt
E7
$50,064
$70,848
Contracts Administrator
Exempt
E6
$47,640
$67,392
Principal Laboratory & Research Analyst
Exempt
E6
$47,640
$67,392
Senior Administrative Analyst
Exempt
E5
$45,396
$64,212
Associate Engineer II
Exempt
E5
$45,396
$64,212
Senior Accountant
Exempt
E5
$45,396
$64,212
Senior Financial Analyst
Exempt
E5
$45,396
$64,212
Human Resources Analyst
Exempt
E5
$45,396
$64,212
Senior Environmental Specialist
Exempt
E4
$43,248
$61,236
Safety Representative
Exempt
E4
$43,248
$61,236
Programmer
Exempt
E4
$43,248
$61,236
Senior Buyer
Exempt
E3
$41,136
$58,260
Associate Engineer I
Exempt
E2
$39,252
$55,488
Contracts Specialist
Exempt
E1
$37,284
$52,908
Accountant
Exempt
E1
$37,284
$52,908
Buyer
Exempt
El
$37,284
$52,908
Financial Analyst
Exempt
El
$37,284
$52,908
Management Analyst
Exempt
clsmnge
11/17/99
Orange County Sanitation District
Classifications By Employee Group
Supervisory
Pay
Range
Minimum
Maximum
Classifications
FLSA Status
E14
$70,380
$99,600
Engineering Supervisor
Exempt
E13
$67,128
$94,932
Environmental Management Supervisor
Exempt
E12
$63,948
$90,468
Laboratory Supervisor
Exempt
E11
$60,828
$86,064
Senior Operations Supervisor
Exempt
Ell
$60,828
$86,064
Senior Maintenance Supervisor
Exempt
E11
$60,828
$86,064
Information Technology Supervisor
Exempt
E11
$60,828
$86,064
Contracts & Purchasing Supervisor
Exempt
E9
$55,212
$78,156
Maintenance Supervisor
Exempt
E9
$55,212
$78,156
Operations Supervisor
Exempt
E9
$55,212
$78,156
Source Control Supervisor
Exempt
E9
$55,212
$78,156
Supervising Construction Inspector
Exempt
E9
$55,212
$78,156
Warehouse Supervisor
Exempt
clsrange
11/17/99
Pay
Orange County Sanitation District
Classifications By Employee Group
Technical Services
Lange
I Minimum
Maximum Classifications
FLSA Status
1018
43,476
54,134 Environmental Specialist II
Non -Exempt
1018
43,476
54,134 Source Control Inspector II
Non -Exempt
1018
43,476
54,134 Senior Laboratory Analyst
Non -Exempt
1010
37,134
46,249 Environmental Specialist I
Non -Exempt
1010
37,134
46,249 Laboratory Analyst
Non -Exempt
1010
37,134
46,249 Source Control Inspector I
Non -Exempt
1005
32,552
40,533 Source Control Technician
Non -Exempt
clamnge
11/17/99
Orange County Sanitation District
Classifications By Employee Group
"Non -Regular" Part Time
Pay
ange Minimum Maximum Classifications I FLSA Status
905 18,720 33,280 Intern Non -Exempt
Orange County
Sanitation District
Policy Number: C20.00
Effective Date: November 17, 1999
Subject: COMPENSATION
Supersedes: October 22, 1997
Approved by:
1.0 PURPOSE
1.1 The purpose of this policy is to establish and maintain uniform compensation
standards for all Districts' employees.
2.0 ORGANIZATIONAL UNITS AFFECTED
2.1 This policy applies to all Districts' employees, as specified herein.
3.0 DEFINITIONS
4.0 POLICY
4.1 It is the policy of the Districts to apply uniform compensation standards. The
Districts' Compensation Program provides for the establishment of a wage and
benefit structure through the Meet and Confer process that allows Districts'
management to effectively compete in the labor market and to retain present
employees through an internally consistent measure of relative job worth and
personal merit.
5.0 PROCEDURE
5.1 Exempt Employees
5.1.1 Exempt employees shall be compensated at a monthly rate within the
salary range authorized for the classification in which they are employed.
5.2 Non-exempt Employees
5.2.1 Non-exempt employees shall be compensated at an hourly rate within
the salary range authorized for the classification in which they are
employed.
Page 1
5.3 New Employees
5.3.1 New employees in classifications within employee bargaining units other
than the Professional, Supervisory, Executive Management and
Management Groups who successfully complete their Probationary
Period and are recommended for continued employment as regular
employees, are eligible for consideration of a salary adjustment of up to
one step (5.5%).
5.3.1.1 This adjustment is effective on the first day of the pay period that
follows the date of completion of the Probationary Period
(normally 26 weeks). The salary review date for subsequent
annual reviews is the first day of the first pay period following 26
weeks of continuous service and satisfactory completion of
probation.
5.3.1.2 The Salary Review date for subsequent annual reviews is the
first day of that pay period following the date when probation was
successfully completed.
5.4 Reviews
5.4.1 An employee in a group other than Professional, Supervisory and
Executive Management and Management who is not at the top of the
salary range for their position is eligible for consideration of an annual
salary adjustment of up to one step (5.5%) on their Salary Review date,
provided their performance satisfactorily meets expectations.
5.4.1.1 Annual performance reviews shall be completed on a form
provided by the Director of Human Resources.
5.5 Promotions
5.5.1 An employee who earns a promotion is entitled to a promotional increase
of at least 5.5%, or to the base of the new range, which ever is greater,
upon the effective date of the promotion.
5.5.1.1 If an employee has not successfully completed the promotional
probationary period on their salary review date, any adjustment
resulting from that annual review will be delayed until such time
as the probationary period is completed.
5.5.1.2 A new salary review date is established for any promotion to a
classification not in the Professional, Supervisory, Executive
Management and Management Group.
5.6 E-Range Classifications
5.6.1 An employee hired into Professional, Supervisory, Executive
Management and Management Group positions with "exempt" salary
ranges shalt be offered a salary at or near the minimum of the range
unless their level of background, expertise or prior earnings indicates a
need far a salary greater than the minimum.
Page 2
5.6.1.1 The determination of an appropriate salary should also consider
the relationship of the employee's proposed salary to that of
other employees in the same classification and to employees
supervised, if any.
5.6.2 Except for "at -will" Executive Management employees, employees in
"exempt" range classifications serve a Probationary Period of six months
and receive a comprehensive performance evaluation at the end of that
period unless otherwise provided in an individual, written employment
agreement.
5.6.2.1 An employee who successfully completes probation is eligible for
a salary adjustment according to the provisions of the
Management Performance Review Program which is in force at
the time of the review.
5.6.3 An annual performance review is completed for all employees in
"exempt" range classifications according to the provisions of the
Management Performance Review Program.
5.6.3.1 Performance -based salary adjustments for these employees
occur on the first day of the first pay period in July.
5.6.3.2 Such ,7,ents-m' �a ed based on the date e# dire-
.,tfOR1 ^ . t saiapr ig e R th E)So .. � sIaRGeS heFe the
.inrlkfid4inl hac. Pat If the
employee's probation period has not concluded as of July 1, the
performance based salary adjustment is deferred until the
following July and will be prorated based on date of hire or
promotion.
5.6.4 An employee in "exempt" range classifications who is promoted to a new
"exempt" range classification will normally be offered a salary below the
midpoint of the range that is commensurate with their level of training
and expertise, prior earnings.
5.6.4.1 The promoted employee's salary should be in an appropriate
relationship to other employees in the same classification and to
employees supervised.
5.6.4.2 The new salary will normally represent an increase of least 5.5
percent, butnot evneed the third quartile of the range fnr the new
Glassif irat ion.
5.6.4.3 if theemployee's probation period has ROt .-lrvr ed as 9f�
ee6h tifne If the
employee's probation period has not concluded as of July 1, the
performance based salary adjustment is deferred until the
following July and will be prorated based on date of promotion.
5.6.4.4 This section does not apply to "at -will" Executive Management
employees.
Page 3
5.7 Y-Rating
5.7.1 If the duties and responsibilities of a position are allocated to a lower
paid classification as a result of a classification study, the salary of the of
the employee in that position shall remain unchanged (Y-rated)
according to the following table:
Years of Service
Term of Y-rate
0-3
One Year
4-5
Two Years
6 - 10
Three Years
11 - 20
Four Years
21 or More
Five Years
5.7.2 The Y-rate remains in effect until the salary range for the new
classification equals or exceeds the employee's Y-rated salary, or until
the term of the Y-rate expires.
5.7.2.1 If the Y-rate expires before the employee's salary falls within the
range of the new classification, the employee shall be placed on
the step of the new range nearest but not more than the Y-rated
salary.
5.7.2.2 Employees become eligible for merit increases and range
adjustments when the Y-rate is no longer in effect.
5.7.2.3 An employee who requests a voluntary reduction is not entitled
to a Y-rate.
5.7.2.4 This section does not apply to "at -will" Executive Management
employees.
6.0 EXCEPTIONS
6.1 The General Manager is authorized to offer up to three (3) weeks of annual paid
vacation to any prospective Executive Management employee if, in the judgment
of the General Manager, such offer is necessary to attract the most qualified
candidate.
6.1.1 The General Manager shall annually report all such appointments to the
Board Subcommittee having responsibility for personnel matters.
6.1.2 Salary offers beyond the midpoint of a range require prior approval by
the General Manager.
7.0 PROVISIONS AND CONDITIONS
8.0 RELATED DOCUMENTS
(Attach salary range exhibits when available)
Page 4
Orange County
t
Sanitation District
Policy Number: C30.00
Effective Date: November 17, 1999
Subject: APPRAISAL OF
PERFORMANCE
Supersedes: October 22, 1997
Approved by:
1.0 PURPOSE
1.1 The purpose of this policy is to establish uniform guidelines and procedures for
the appraisal of employee performance.
2.0 ORGANIZATIONAL UNITS AFFECTED
1.1 This policy applies to all current employees regardless of their organizational
unit.
2.0 DEFINITIONS
3.0 POLICY
3.1 It is the Districts' policy and the Districts' management philosophy that
establishing an effective level of communication that offers consistent and
continuing feedback on performance expectations and achievements will provide
an environment in which our employees can perform to the best of their abilities.
A performance appraisal program has been developed to provide a structure that
will support the accomplishment of that goal. Important principles of the program
include:
3.1.1 The Districts' overall mission is enhanced by establishing a connection
between that mission and individual employees' responsibilities and
objectives.
3.1.2 Recognizing employee strengths and identifying areas that may
represent opportunities for improvement will affect current performance
as well as enhance career potential.
3.1.3 Every individual has primary responsibility for their own performance and
development.
3.1.4 The key role of the supervisor is to support an employee's efforts to
maximize their own contribution and potential.
Page 1
4.0 PROCEDURE
4.1 New employees will receive a performance appraisal at the close of their initial
probationary period to determine their suitability for continued employment with
the Districts. An evaluation should also occur midway through the probationary
period to ensure that performance expectations have been properfy
communicated and established. This will also offer an opportunity for both the
employee and the supervisor to more effectively evaluate the desirability of
continuing the employment relationship.
4.2 Employees who earn promotions should similarly receive a performance
appraisal at the conclusion of the promotional probationary period.
4.3 An annual performance appraisal will be completed with each employee prior to
their anniversary date. Professional, Supervisory, Management and Executive
Management employees will receive a performance appraisal prior to any salary
adjustment OF rnerq F.OR
5.0 EXCEPTIONS
6.0 PROVISIONS AND CONDITIONS
6.1 Supervisors and managers will be notified by the Human Resources Department
of all evaluations that must be completed at least 45 days in advance of the due
date.
7.0 RELATED DOCUMENTS
Page 2
Orange County
- Sanitation District
Policy Number: D50.00
Effective Date: October 27, 1999
Subject: INSURANCE
Supersedes: May 13, 1998
Approved by:
1.0 PURPOSE
1.1 The purpose of this policy is to establish uniform guidelines and procedures for
use in the administration of the District's insurance benefits program.
2.0 ORGANIZATIONAL UNITS AFFECTED
2.1 All District employees.
3.0 DEFINITIONS
4.0 POLICY
4.1 The District shall provide medical -health insurance coverage through both health
maintenance organizations and an indemnity type group health plan, life
insurance, and disability insurance for the benefit of full-time employees.
4.2 All insurance coverage shall become effective on the first day of the month
following one full month of employment. An open enrollment period shall be held
annually in the month of June.
5.0 PLANS - PROGRAMS
5.1 Medical. The District shall contribute 100% of employee only premiums for the
medical health plans and shall contribute 80% of the employee +1 dependent
and full family premiums. Any change in insurance rates shall be shared equally
in same ratio as premiums are currently paid by the District and employees.
Before the renewal of any District's sponsored health insurance plan, the parties
agree to meet and confer as to the plan.
5.1.1 Any change in insurance rates caused by a carrier after 11-25-96 are
subject to the applicable provisions of the various Memoranda of
Understanding approved by the Boards of Directors.
Page 1
5.2 Life. The District provides term life insurance coverage for most employees. The
District shall pay the full premium for term life insurance as established for each
employee covered under a Memorandum of Understanding or as otherwise
agreed upon.
5.3 Short Term Disability. The District shall provide a non -work related, short-term
disability indemnity plan that pays up to a maximum of $336 per week for up to
26 weeks following a fourteen calendar day waiting period. Employees may
request to receive prorated sick leave, personal leave or vacation pay to
supplement their short term disability payments in an amount such that the sum
of both is equal to the employee's regular base pay.
5.4 Long -Term Disabifity. The District offers, at the employee's expense, a non -work
related, long-term disability indemnity plan that pays two-thirds of the employee's
rate of pay in effect at the time of such disability, not to exceed $5,000 per
month, following a 90-day waiting period of continuous disability. The District
provides this coverage at the District's expense after five years of employment.
5.5 Dental. The District provides a dental plan for regular, full-time employees and
their eligible dependents at no cost for employee -only coverage and $9.00 per
month for full family coverage. The bflaRre of the p-���rFcR�Q1-
s paid by the lDis##met +
5.5 Vision. The District shall provide a vision insurance plan for regular, full-time
employees and their eligible dependents.
5.6 Retiring Employees. The District shall pay, for employees hired prior to July 1,
1988, two and one-half months' premium for each year of continuous service of a
retiring employee towards the premium costs of coverage for the employee and
eligible dependents under the District's medical plan.
5.6.1 The District shall enter into an agreement with the Orange County
Employee Retirement System (OCERS) to implement the retiree medical
health premium offset program established by the County of Orange
wherein the cost of health premiums are offset by $10 per month for
every year of service up to a maximum of 25 years or $250 per month.
5.7 Workers Compensation Insurance. The District's Workers Compensation
program is self -funded and administered by a third party administrator. Workers'
Compensation insurance provides coverage for injuries arising out of
employment with the District and occurring in the course of employment.
5.8 Reimbursement Account. Section 125 of the Internal Revenue Code permits
employees to use pretax dollars to pay for their portion of the cost of benefits
under the plan through salary redirection arrangements. The available options
are summarized below. For complete information regarding Flexible Spending
Accounts employees must refer to the plan booklet available in the Human
Resources Department. Participation in this Program does not affect the
District's contribution to the Orange County Employees Retirement System. The
amount deducted shall then be repaid to the employee through the District's
provided Reimbursement Program.
Page 2
5.8.1 Group Insurance Premium. Group insurance premiums that are paid by
salary redirection can be made on a pretax basis.
5.8.2 Medical Care Reimbursement Account. The purpose of this account is to
provide a method through which an employee can accumulate pretax
funds in a Medical Care Reimbursement Account for the purposes of
reimbursing the employee for payment of health care costs not otherwise
covered by the health and medical insurance.
5.8.3 Dependent Care Assistance Account. The purpose of this account is to
provide a method through which an employee can accumulate pretax
funds in a Dependent Care Assistance Account for the purposes of
reimbursing the employee for child care expenses or day care for a
disabled dependent.
6.0 EXCEPTIONS
6.1 Contract workers are not entitled to and are ineligible to join or participate in any
benefit plans offered to those individuals listed on OCSD's payroll as regular
employees.
7.0 PROVISIONS AND CONDITIONS
7.1 No combination of disability or sick leave pay shall result in more than an
employee's regular rate of pay. Employees may not receive short-term and long-
term disability benefits at the same time. An employee who is otherwise not
eligible for District paid long-term disability may purchase such coverage at their
own expense.
7.2 In the event the District adds additional optional insurance plans, the District's
share of the premium shall be the same as for existing plans as set forth above.
In the event the District changes underwriters for existing insurance plans, the
District's share of the premium shall be the same as for existing insurance plans
as set forth above.
8.0 RELATED DOCUMENTS
Page 3
Orange County
�.p Sanitation District
Policy Number: D60.00
Effective Date: October 27, 1999
Subject: BENEFITS OPTION PLAN
(BOP)
Supersedes: October 22, 1997
Approved by:
1.0 PURPOSE
1.1 The purpose of this policy is to establish uniform guidelines and procedures for
administering the Benefits Option Plans (BOP).
2.0 ORGANIZATIONAL UNITS AFFECTED
2.1 This policy applies to employees in the Professional, Supervisory, Management
and Executive Management Groups.
3.0 DEFINITIONS
The Benefits Option Plan is a provision in the District's policies that provides employees
in the Professional, Supervisory, Management and Executive Management groups with
supplemental income that can be used for a variety of purposes as specified herein.
4.0 POLICY
4.1 It is the District's policy to allow employees in the Professional, Supervisory,
Management and Executive Management groups to participate in the BOP in
accordance with this policy.
5.0 PROCEDURE
5.1 Employees in the Professional, Supervisory, Management and Executive
Management group who have successfully completed their probationary period
are entitled to participate in the BOP. Under the provisions of the BOP,
Professional employees will receive $750 $1,000 annually, and Supervisors,
Management and Executive Management employees will receive $1250 annually
to offset the cost of professional licenses, memberships, subscriptions, tuition
reimbursement and medical expenses. The Benefits Option Plan will be
distributed semi-annually in January and July of each year.
6.0 EXCEPTIONS
6.1 Employees who are within their initial six-month probationary period are not
eligible for BOP..
7.0 PROVISIONS AND CONDITIONS
8.0 RELATED DOCUMENTS
0��,�v 5ANITRrrO�
Policy Number: D90.00
G � Q
Effective Date: October 22, 1997
_ Orange County
n
Sanitation District
THE 01
Subject: TUITION REIMBURSEMENT
Supersedes: Tuition Assistance
PROGRAM
Approved by:
1.0 PURPOSE
This program is designed to encourage self -development of District employees by
providing qualifying employees with tuition reimbursement for job -related educational
courses at accredited colleges, universities, or other approved institutions provided that
such courses are primarily for the purpose of:
Increasing capabilities in their present positions within the District
Preparing for positions to which the employee could be reasonably expected to
advance within the District
Updating professional and/or technical capabilities that are pertinent and
beneficial to the District
2.0 ORGANIZATIONAL UNITS AFFECTED
This policy applies to all District's regular, full-time employees.
3.0 DEFINITIONS
3.1 Qualifying Employees: regular, full-time employees who have completed their
initial probationary period.
3.2 Regular Full-time Employees: qualifying employees who regularly work an 80-
hour, biweekly pay period.
3.3 Tuition Reimbursement: a reimbursement program of eligible expense for
qualifying employees who attend, on their own time, District -approved courses at
accredited colleges, universities, or other approved institutions of the employees'
choosing.
4.0 POLICY
The District will reimburse employees who successfully complete education courses that
serve the mission and goals of the District at accredited institutions in compliance with
Section 1.0 "PURPOSE," provided that the reimbursement is within the individual
maximum and overall limits of the authorized tuition reimbursement budget.
5.0 REQUIREMENTS
5.1 Employees can be reimbursed for the following:
• Specific, job -related associate, baccalaureate, and graduate degree
programs
Page 1
• Specific, job -related courses through accredited colleges or universities
• Specific, job -related courses offered through an approved institution of study
5.2 When an employee has completed each pre -approved course with a grade of
"C" or better for undergraduate or "B° or better for graduate work, the District will
reimburse the employee the cost of tuition, books, and required fees not to
exceed $5,250 per calendar year.
Examples of eligible and ineligible expenses are:
Eligible Expenses
• Tuition
• Registration fees
• Laboratory fees
• Parking fees
• Required textbook costs
• Health fees
6.0 PROCEDURE
6.1 Pre -Approval Process
Ineligible Expenses
• Application fees
Material fees
• Travel
• Optional student fees
• Doctoral dissertation fees
Masters thesis fees
6.1.1 Employee seeking tuition reimbursement:
6.1.1.1 Prior to the start of a course or degree program, submits to the
Education and Training Division for the semester or quarter, a
Tuition Reimbursement Pre -Approval Applicaik:m with Sections
1, 2 and 3 (Manager's Review and Pre -Approval) completed.
Note: Although not required, it is advisable to submit the
completed application prior to registering for the course or
program so that approval can be determined before the
employee incurs any expenses.
6.1.1.2 If seeking pre -approval for courses in a degree program, submit
a list of approved courses prepared by the school and signed
by the employee's advisor at the beginning of the program,
Submit this list with the initial Tuition Reimbursement Pre -
Approval Application.
6.1.2 The Education and Training Division Manager:
6.1.2.1 Reviews the Tuition Reimbursement Pre -Approval Application.
6.1.2.2 If incomplete, returns the application to the employee with a
Status form indicating the date that the employee must correct
and return the application to the Education and Training
Division.
6.1.2.3 If approved, signs the Tuition Reimbursement Pre -Approval
Application and forwards a ropy of the application and a
Tuition Reimbursement Application to the employee.
6.1.2.4 If the application is not approved, returns the application to the
employee with a Status form indicating the reason(s) for
non -approval.
Page 2
6.2 Reimbursement Process
6.2.1 Within 60 calendar days following the end of the course(s), the employee
submits the Tuition Reimbursement Application with Section 1 completed
to the Education and Training Division with the following documents
attached:
• Official record of final grade
• Receipts for tuition and eligible fees paid
Receipts for books
6.2.2 The Education and Training Division Manager:
6.2.2.1 Reviews the Tuition Reimbursement Application and attached
documentation.
6.2.2.2 If incomplete, returns the application to the employee with a
Status form indicating the date that the employee must correct
and return the application to the Education and Training
Division.
6.2.2.3 If approved, signs the application and forwards the approved
application to the Accounting Division and a copy to the
employee indicating reimbursement status.
6.2.2.4 If the application is not approved, returns the application to the
employee with a Status form indicating the reason(s) for
non -approval.
7.0 EXCEPTIONS
7.1 If an employee terminates employment or gives notice of termination prior to the
completion of a course, no reimbursement will be made.
7.2 Employees will not be reimbursed for tuition costs covered under Veterans
Administration Programs or other government sponsored programs.
7.3 Reimbursement may be authorized whenever the employee's manager and
Education and Training Division Manager determine that there is substantial
benefit to be derived by the District when an employee takes a course or
program that does not meet the requirements of Section 6.1, for example,
courses for impacted or transitional employees and/or non-credit courses.
8.0 PROVISIONS AND CONDITIONS
8.1 An employee who receives payments for formal course work through the Tuition
Reimbursement Program will be required to reimburse the District if the
employee voluntarily leaves the District's employment within two years of
completing the course work. The General Manager, under unusual
circumstances or on an individual basis, may waive the repayment requirement.
8.2 Reimbursement will be at the discretion of the District provided the employee
meets the criteria specified in this policy.
Page 3
9.0 RELATED DOCUMENTS
9.1 Fair Labor Standards Act, as amended.
9.2 Sections 127 and 132-J8 of the Internal Revenue Code.
Page 4
Orange County Policy Number: F80.00
` Sanitation District
Effective Date: October 27, 1999
Subject: WORKPLACE VIOLENCE AND
WEAPONS POLICY
1.0
2.0
3.0
4.0
PURPOSE
Supersedes: December 9, 1998
Approved by:
1.1 To promote a safe work environment for all employees.
1.2 To establish and maintain a workplace that is free from violence, threats of
violence, harassment, intimidation, and other disruptive behavior.
1.3 To encourage and foster a workplace that is characterized by respect and the
use of acceptable conflict resolution techniques.
ORGANIZATIONAL UNITS AFFECTED
2.1 This policy applies to all District employees, regardless of their organizational
unit, on District property or off site with a District employee. Additionally, all
persons who perform any services for the District, regardless of their employment
status, are covered by this policy.
DEFINITIONS
3.1 Workplace violence includes threats, violent behavior, harassment, intimidation
and other disruptive behavior, direct, indirect, implied or actual from any person,
and directed toward any person, occurring at a District facility or in connection
with the conduct of District business without regard to location.
POLICY
4.1 It is the District's policy to provide a safe work environment for its employees.
The District is committed to working with its employees to maintain a workplace
free from violence, threats of violence, harassment, intimidation, and other
disruptive behavior. All employees are responsible for maintaining a safe work
environment.
4.1.1 Violence, threats, harassment, intimidation, and other disruptive behavior
in the District's workplace will not be tolerated; furthermore, all reports of
these types of incidents will be seriously reviewed and will be
appropriately resolved.
4.1.2 This policy applies to all incidents involving District employees while they
are on duty, on or off plant sites, and incidents involving non -employees
perpetrating violence against District employees while they are on duty.
4.2 Available conflict resolution techniques, such as problem solving, grievance
procedures and appeals processes, will be used to appropriately resolve conflicts
that arise in our workplace.
4.3 The District strictly prohibits persons from possessing weapons including, but not
limited to, firearms, explosives, and knives, clubs and incendiary devices on
District premises, in District vehicles, in private vehicles parked on District
property, and in the possession of District employees while on duty performing
District related business assignments.
5.0 PROCEDURE
5.1 Prohibited Conduct
5.1.1 The commission or threat of an act of workplace violence, harassment,
intimidation, or other disruptive behavior is prohibited. The following
examples of such conduct, while not all-inclusive, provide an indication of
the types of behaviors that are considered unacceptable. An employee
who displays/exhibits prohibited conduct under this policy with regard to
one or more of the [allowing may be subject to disciplinary action, up to
and including termination, after consideration of the employee's past
performance, prior discipline, length of service and work history:
5.1.1.1 Causing physical injury to another person;
5.1.1.2 Making threatening remarks, whether with intent to harm or in
jest;
5.1.1.3 Aggressive, hostile or harassing behavior that creates a
reasonable fear of injury to another person or subjects another
individual to emotional distress;
5.1.1.4 Intentionally damaging employer property or property of another
individual;
5.1.1.5 Possession of a weapon while on District property or while on
District business; or,
5.1.1.6 Committing acts motivated by, or related to, sexual harassment
or domestic violence.
5.1.1.7 Other acts or threats of violence as determined by the District.
5.1.2 Persons who engage in prohibited conduct may also be subject to legal
action by law enforcement authorities.
5.2 Reporting
5.2.1 If the incident involves an emergency and requires the direct intervention
of public safety personnel (i.e., law enforcement or emergency medical
services), immediately CALL extension 222.
5.2.1.1 Control Center personnel will contact emergency services via
911 and will coordinate the response of public safety personnel.
5.2.2 Any situation involving the commission or threat of violence, harassment,
intimidation, other disruptive behavior, possession of a weapon or any
other potentially dangerous situation must be promptly reported to a
supervisor or the Human Resources Department.
5.3 Risk Reduction Measures
5.3.1 Employees at Risk
5.3.1.1 Employees are expected to exercise good judgement and to
notify their supervisor or the Human Resources Department if a
co-worker, or other person on District property or business,
exhibits behavior that could be a sign of potentially dangerous
situations. Such behavior includes, but is not limited to, the
following:
5.3.1.1.1
Discussing the use of weapons as a means to
perpetrate violence against another or bringing them
to the workplace;
5.3.1.1.2
Displaying overt signs of extreme stress,
resentment, hostility or anger;
5.3.1.1.3
Making threatening statements or remarks;
5.3.1.1.4
Sudden or significant deterioration in performance;
5.3.1.1.5
Displaying irrational or inappropriate behavior.
5.3.2 Hiring
5.3.2.1 The Human Resources Department takes reasonable measures
to conduct background investigations in order to review
candidates' backgrounds and to reduce the risk of hiring
individuals with a history of violent behavior.
5.3.3 Enforcement
5.3.3.1 Threats, threatening conduct, harassment, or any other act of
aggression or violence within the District's work environments
will not be tolerated. All reports of these types of incidents will
be promptly investigated and will be appropriately resolved.
5.3.3.1.1 Any employee determined to have committed such
acts will be subject to disciplinary action, up to and
including termination.
5.3.3.1.2 Non -employees engaged in violent acts on District
premises will be reported to the proper authorities
and fully prosecuted.
6.0 EXCEPTIONS
6.1 Knives traditionally used as tools and having a blade length of three and one-half
(31/2) inches or less are only considered weapons when used or displayed in a
threatening manner.
7.0 PROVISIONS AND CONDITIONS
7.1 Post in offices.
7.2 Place in the Human Resources Policies and Procedures Manual and on the
Intranet.
8.0 RELATED DOCUMENTS
8.1 Policy F10.00, Rules of Conduct
8.2 Policy B30.00, Harassment
8,3- FiFearms n nl the r Pel"
8.4 Memorandum of Understanding for:
8.4.1 SPMT Bargaining Unit
8.4.2 Local 501 Bargaining Unit
8.4.3 OCEA Bargaining Units
8.4.3.1 Administrative and Clerical
8.4.3.2 Engineering
8.4.3.3 Technical Services
8.5 Integrated Emergency Response Plan
FAH R COMMITTEE
AGENDA REPORT
Meeting Date
11/10/99
To Bd. of Dir.
11/17/99
Item Number
yxw xl-
Item Number
Orange County Sanitation District
FROM: Gary Streed, Director of Finance
Originator: Steve Kozak, Financial Manager
SUBJECT: PROPOSAL FOR RESTRUCTURING THE DISTRICT'S EXISTING
CERTIFICATES OF PARTICIPATION
GENERAL MANAGER'S RECOMMENDATION
1. Approve plan to restructure and modernize the District's existing Certificates of
Participation long-term borrowings.
2. Authorize the General Manager to execute professional service agreements with
PaineWebber, Inc. and Orrick, Herrington & Sutcliffe to implement the COP
restructuring plan.
SUMMARY
This agenda item reports on the findings of additional efforts to develop and implement
improvements to the District's existing variable rate Certificates of Participation (COP)
financing program, and prepare for future borrowings in support of the District's
Strategic Plan capital improvement program. Adoption of the recommended actions will
approve a restructuring plan for the District's existing COP debt issues, and will
authorize staff to retain the investment banking firm of PaineWebber, and the bond
counsel firm of Orrick, Herrington & Sutcliffe to implement the restructuring plan.
PROJECT/CONTRACT COST SUMMARY
An estimated $1.4 million in long-term cost savings would be generated by the
proposed COP restructuring plan.
BUDGETIMPACT
❑ This item has been budgeted.
❑ This item has been budgeted, but there are insufficient funds.
® This item has not been budgeted. However, professional services fees would be
reimbursed by cost savings.
❑ Not applicable (information item)
ADDITIONAL INFORMATION
The District has five series of Certificates of Participation (COPs) comprising a total
outstanding par amount of approximately $361 million. The following table describes
each COP in detail.
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EXISTING COP FINANCING PROGRAM
Outstanding
R
Par Amount "
;::. :: Participating .-
i ` DiStCSCts
Debt .<: " ;;::.
Structure.:.:
Interest Rate
Mode'
Series A
$ 83,300,00
1,2,3,5,6,7,11,13,14
Junior
Daily Variable Rate
Series B
18,695,00
1,2,3,5,6,7,11
Closed Senior
Fixed Rate
Series C
86,200,00
1,2,3,6,7,11
Junior
Daily Variable Rate
Series 1992
(Refunding (1)
129,110,00
1,2,3,5,6,7,11
Open Senior
Synthetic Fixed Rate (2)
Series 1993
Refunding (1)
43,950,00
1,2,3,5,6,7,11
Open Senior
Synthetic Fixed Rate (2)
Total
$361,255,04
'As of November 1, 1999.
(1) Series 1992 and 1993 COPs refunded the Series 1986 and a portion of the Series "B" COPs.
(2) Variable rate debt swapped to a fixed rate through maturity.
The Series 'A" "B," and "C" COPS were issued between 1990 and 1992 to fund a
portion of the "2020 VISION" Master Plan capital improvement program. The Series
1992 Refunding COPS refunded the 1986 COPs ($107 million) issued on behalf of
District Nos. 1, 2, and 3. The 1992 Refunding COPs also refunded approximately $38.4
million of the Series "B" COPS, issued in 1991. Another $39.7 million of the Series "B"
COPS was refunded by the 1993 Refunding COPS.
The District's five outstanding COPs are organized into a three-tier lien structure;
meaning that there are three different claims on the revenues pledged to fund debt
service payments on the COPs. The following table displays the combined debt service
cash flows for the District's five COPS through final maturity in FY 2017-18.
40 —
35 —
30 —
h 25
c
20
15
10
5
0
DEBT SERVICE STRUCTURE
❑ Closed Sr. Lien (Series B)
M Open Sr. Lien (Series'92 &'93)
■ Junior Lien (Series A & C)
Fiscal Year End
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With the Strategic Plan capital improvement program requiring approximately $1 billion
through FY 2009-10, of which one-half the cost, or $500 million, would be financed
through long-term borrowings, the District's existing COP financing program should be
restructured to prepare for future "new money" debt issues.
The need for modernizing the District's existing debt was highlighted during recent staff
efforts to solicit banks for substitution of the Letter of Credit (LOC) for the Series "A"
COPs. Discussions with potential providers were complicated by the existing legal
documents which date back to 1986, with minor refinements included between 1990
and 1993.
In short, Letter of Credit banks expressed limited interest in providing a replacement
LOC due to the "several" nature of the Series "A" multi -district credit structure, and the
resulting legal complexities contained in the existing COP covenants.
Strategy
The modernization of the District's existing COP program can be accomplished through
a comprehensive refunding and restructuring approach that would re -align the COP
legal documents to match the District's consolidated organization structure as one
Sanitation District. Under this approach, the rating agencies would view the District as a
single credit structure. At the same time, this would not necessarily impact the
individual revenue areas within the consolidated District.
The plan would include a two-step process: 1) Refund the Series "A," "B," and "C"
COPs through a single Refunding COP offering; and 2) Substitute modernized bond
documents with the swap providers for the 1992 and 1993 Refunding COPs.
The potential benefits to the District from modernizing the existing bond financing
documents to correspond with District consolidation include:
Strengthen District's credit for request of formal "Aa" category ratings
Eliminate or modify need for Letter of Credit replacement in the future
* Simplify the multiple lien levels of the COP issues
Simplify administration of multiple COP issues
Reduce overall borrowing costs
Establish foundation for future borrowings to support Strategic Plan
improvements
Series "A," "B," and "C" COPs
The outstanding Series "A" and "C" variable rate COPs, and the Series "B" fixed rate
COP would be refunded through a single (approximately $190 million) Variable Rate
COP backed by a "Aa" category credit rating of the District.
The Series "A" and "C" variable rate COPs represent a junior, or subordinate, lien on
pledged debt service revenues, whereas the Series "B" fixed rate COP is a closed
senior, or prior, claim on pledged revenues.
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The advantages of combining the Series "A," "B," and "C" into a single refunding COP
include:
Only one disclosure document (Official Statement) would be needed;
■ Annual debt service payments would be levelized;
• Reducing borrowing costs by eliminating the Series "A" Letter of Credit; and
Simplify lien structure on pledged revenues by eliminating junior and closed
senior liens, and issuing new Refunding COPs as senior lien, on parity with the
senior lien 1992 and 1993 Refunding COPs.
As a senior lien obligation, the proposed Refunding COP should receive a stand-alone
"Aa" category credit rating, and therefore not require bond insurance or a Letter of
Credit. As with all variable rate debt obligations, a liquidity facility would continue to be
required.
Overall, it is estimated that present value cost savings of more than $1.4 million would
be generated over the life of the Refunding COPs from a combination of a lower cost
liquidity facility, elimination of Letter of Credit fees, and debt service savings.
Importantly, approximately $470,000 of these savings would accrue during the first
three years following COP issuance, thereby providing recovery of costs associated
with issuing the Refunding COPs, including legal services and underwriting fees. Costs
of issuance are estimated to range from $150,000 to $225,000. A summary of the
estimated cost savings is presented in Attachment "A."
Series 1992 and 1993 Refunding COPs
The District's two existing Refunding COPs are variable rate obligations, which include
fixed interest rate swap agreements. Called "synthetic fixed rate" financings, referring to
the fixed interest rate swaps, these two Refundings represent an open senior lien on
pledged debt service revenues.
The existing legal documents with the swap providers, AIG for the 1992 COPs, and
SocGen for the 1993 COPs, and with the bond insurer (AMBAC for both COPs), would
be substituted with documents that would replicate those associated with the proposed
new Refunding COP issue. Based on initial contacts, the swap providers have
indicated their openness to consider a documents substitution. Staff will keep the
Committee informed about the status of further discussions as they take place.
Although no direct savings would be generated, the modernization of the bond
documents for the 1992 and 1993 Refunding COPS would further streamline the overall
debt structure for the District's existing COPs. Costs associated with preparing the legal
documents would be reimbursed from the savings discussed earlier in this report.
Finance Team and Timeline
It is proposed that investment banking and bond counsel services be retained to more
fully develop and implement the restructuring proposals discussed above. It is
requested that the Finance, Administration and Human Resources Committee authorize
staff to engage PaineWebber and Orrick, Herrington & Sutcliffe for this project. Both
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firms have developed an extensive knowledge base about the financial and legal
structures of the District's existing COP issues; together with a working knowledge of
completing similar restructurings.
In recent months, PaineWebber has demonstrated their expertise in developing and
analyzing opportunities to modernize the District's existing COP financing program.
They have been instrumental in developing the proposals discussed in this report.
PaineWebber currently serves as the remarketing agent for the District's Series "A"
variable rate COPS, and the 1992 and 1993 Refunding COPS. Compensation for
PaineWebber would be negotiated and contingent upon successful completion of the
plan through underwriting fees.
Orrick, Herrington & Sutcliffe has provided legal services on various matters related to
the District's existing COP financing program, and is therefore, intimately familiar with
the legal documents and structures of the District's COP issues. Most recently, they
have assisted staff efforts related to substitution of the Series "A" Letter of Credit. Costs
for legal services would be reimbursed through cost savings upon successful
completion of the plan.
Given the knowledge and experience that both firms can contribute to the proposed
restructuring plan, it is estimated that the plan can be accomplished in approximately
120 days, as illustrated by the following timeline. Staff would negotiate professional
services agreements with PaineWebber and Orrick, Herrington & Sutciffe, for execution
by the General Manager. The restructuring would be completed in advance of any
future new money debt financings. Plans for future long-term borrowings will be
addressed by separate reports to the Committee.
➢
Finalize debt service and cash flow modeling
December
➢
Initiate formal discussions with swap providers and insurer
➢
Develop legal documents
January
➢
Develop rating agency presentation
➢
Develop disclosure documents (Official Statement)
➢
Conduct rating agency presentations
February
➢
Conduct institutional investor presentations
➢
Finalize legal and disclosure documents
March
➢
Execute Refunding COP issue for Series "A," "B," and "C"
➢
Substitute documents for Series 92 and 93 Refundinq COPs
ALTERNATIVES
N/A
CEQA FINDINGS
N/A
ATTACHMENTS
A. Estimated Cost Savings
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Revised: W0198 Page 5
ATTACHMENT A
Estimated Cost Savings
Refunding COPS
Outstanding
Cost Reduction
Estimated Present
Par Amount
Strategy
Value savings*
Series A
$83,300,000
Eliminate need
for high cost credit
$1,042,000
Matures 8/1/15
enhancement
Series B
$18,695,000
Refinance fixed
rate COPS with
$50,000
Matures 8/1/04
lower cost variable rate
debt
Series C
$86,200, 000
Replace current
liquidity facility with
$390,000
Matures 8/1/17
lower cost facility
$1,482,000
Totals
$188,195,000
* Discounted st5O%
FAHR COMMITTEE
AGENDA REPORT
Meefing oate
1r/10�ia/9s
To 8d. of Sir.
i1/1i�i7/s9
Item Number
Item Number
Orange County Sanitation District
FROM: Gary Streed, Director of Finance
Originator: Michael D. White, Controller
SUBJECT: COUNTY SANITATION DISTRICT OF ORANGE COUNTY
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE
YEAR ENDED JUNE 30, 1999 (FAHR 98-XX)
GENERAL MANAGER'S RECOMMENDATION
Receive, file and approve the District's Comprehensive Annual Financial Report (CAFR)
for the year ended June 30, 1999, prepared by staff and audited by Moreland and
Associates, Certified Public Accountants.
SUMMARY
The District's independent auditors, Moreland & Associates, have completed their
examination of the District's financial statements for the year ended June 30, 1999 and
have again issued an unqualified opinion. Each year, the FAHR Committee reviews the
results of the audit and the corresponding Auditor's report to the Committee. Michael
Moreland, Partner, will attend the meeting to respond to any questions of Directors.
This year, staff has again prepared the Comprehensive Annual Financial Report that
incorporates the audited financial statements in-house. For the last five years, the
District has earned the Certificate of Achievement for Excellence in Financial Reporting
from the Government Finance Officers Association (GFOA). This year's report will
again be submitted to GFOA for their review in anticipation of another award.
The Comprehensive Annual Financial Report, including the Auditor's opinion letter, the
Auditor's Report to the Committee, the Auditor's Report on Compliance and on Internal
Control Over Financial Reporting, and the Auditor's Appropriations Limit Report are
attached.
PROJECT/CONTRACT COST SUMMARY
N/A
BUDGET IMPACT
H:%wp.dtalfin'220%whRe%FAHR\CAFR99AIT.doc
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❑ This item has been budgeted. (Line item: )
❑ This item has been budgeted, but there are insufficient funds.
❑ This item has not been budgeted.
® Not applicable (information item)
ADDITIONAL INFORMATION
None.
ALTERNATIVES
N/A
CEQA FINDINGS
N/A
ATTACHMENTS
1. Comprehensive Annual Financial Report for the year ended June 30, 1999
2. Auditor's Report on Compliance and on Internal Control Over Financial Reporting
3. Auditor's Report to the FAHR Committee
4. Appropriations Limit Report
H:\wp.dta\fin\220\white\FAH R\CAFR99AIT. doc
Revised: 8120/98 Page 2
1201 DOVE STREET, SUITE 680
_,J NEWPORT BEACH, CALIFORNIA 92660
oreland &,cl �icL'Ll ku, eror/. (949) 221-0025
CERTIFIED PUBLIC ACCOUNTANTS
September 10, 1999
The Finance, Administration and
Human Resources Committee of
the Orange County Sanitation District
570 RANCHEROS DRIVE, SUITE 260
SAN MARCOS, CA 92069
(760) 752-3390
We have audited the combined financial statements of the Orange County Sanitation District
(District) for the year ended June 30, 1999, and have issued our report thereon dated September
10, 1999. Under generally accepted auditing standards, we are providing you the attached
information related to our audit.
Our responsibility under generally accepted auditing standards is to plan and perform our audit to
obtain reasonable, but not absolute, assurance that the financial statements are free of material
misstatement and are fairly presented in accordance with generally accepted accounting principles.
Because of the concept of reasonable assurance and because we did not perform a detailed
examination of all transactions, there is a risk that material errors, irregularities, or illegal acts,
including fraud and defalcations, may exist and not be detected by us. In addition, we considered
the internal control over financial reporting of the District. Such considerations were solely for the
purpose of determining our audit procedures and not to provide any assurance concerning such
internal control over financial reporting.
Significant Accounting Policies
The significant accounting policies of the District are described in Note 1 to the combined
financial statements. During the year, no new accounting policies were adopted and the
application of existing policies was not changed. However, as explained in Note 1, the financial
statements reflect certain eliminations relating to the consolidation of the Districts. There was not
a material effect on the District's equity as a result of implementing these changes.
We noted no significant, unusual transactions during the year, nor transactions for which there is a
lack of authoritative guidance or consensus.
Mang ement JudgMents and Accounting Estimates
Accounting estimates are an integral part of the financial statements prepared by management and
are based upon management's current judgments. Those judgments are normally based on
knowledge and experience about past and current events and assumptions about future events. The
judgments and estimates which may significantly affect the District's combined financial
statements include the Orange County Investment Pool receivable and establishing appropriate
The Finance, Administration and
Human Resources Committee of the
Orange County Sanitation District
September 10, 1999
Page 2
liabilities associated with general liability and workers' compensation claims. During our audit of
the combined financial statements, we performed procedures to determine the reasonableness of
the estimates used by management. These procedures included, but were not limited to, inquiry of
the District's attorney and review of a third party administrator's report which summarized the
estimated liability needed for claims against the District. Based on these and other procedures
performed, we were able to conclude that the estimates mentioned above as recorded by
management, were reasonable.
S larnlf lcant Audit Adf ustments
As a result of our audit related testwork, we proposed no corrections to the financial statements
that, in our judgment, either individually or in the aggregate, had a significant effect on the
District's financial reporting process. For purposes of this letter, professional standards define a
significant audit adjustment as a proposed correction to the financial statements that, in our
judgment, may not have been detected except through our auditing procedures.
Other information in Documents Containinv,.Audited Financial Statements
Our responsibility for other information in documents containing the District's combined financial
statements and our report thereon does not extend beyond financial information identified in our
report, and we have no obligation to perform any procedures to corroborate other information
contained in these documents. We have, however, read the other information included in the
District's comprehensive annual financial report; and no matters came to our attention that cause
us to believe that such information, or its manner of presentation, is materially inconsistent with the
information, or its manner of presentation, appearing in the financial statements.
Disagreements With Management
There were no disagreements with management on financial accounting and reporting matters that,
if not satisfactorily resolved, would have caused a modification to our report on the District's 1999
financial statements.
Consultation With Other Accountants
In some cases, management may decide to consult with other accountants about auditing and
accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation
involves application of an accounting principle to the District's financial statements or a
determination of the type of auditor's opinion that may be expressed on those statements, our
professional standards require the consulting accountant to check with us to determine that the
consultant has all the relevant facts. To our knowledge, there were no such consultations with
other accountants.
The Finance, Administration and
Human Resources Committee of the
Orange County Sanitation District
September 10, 1999
Page 3
Ma or Issues Discussed With Management Prior to Retention
We generally discuss a variety of matters, including the application of accounting principles and
auditing standards, with management each year prior to retention as the District's auditors. These
discussions occurred in the normal course of our professional relationship, and our responses were
not a condition of our retention.
This information is intended solely for the use of the Finance, Administration and Human
Resources Committee and should not be used for any other purpose. However, we understand that
this document may be public information, and its distribution is not limited.
orelandJnrl-
CERTIFIED PUBLIC ACCOUNTANTS
September 10, 1999
The Board of Directors of the
Orange County Sanitation District
1201 DOVE STREET, SUITE 660
NEWPORT BEACH, CALIFORNIA 92660
(949) 221-0025
570 RANCHEROS DRIVE, SUITE 260
SAN MARCOS, CA 92069
(760) 752-3390
Report on Compliance and on Internal Control Over Financial Reporting
Based on an Audit ofFinancial Statements Performed in
Accordance With Government Auditing Standards
We have audited the combined financial statements of the Orange County Sanitation District,
California (District) as of and for the year ended June 30, 1999, and have issued our report
thereon dated September 10, 1999. We conducted our audit in accordance with generally
accepted auditing standards and the standards applicable to financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States.
Compliance
As part of obtaining reasonable assurance about whether the District's combined financial
statements are free of material misstatement, we performed tests of its compliance with certain
provisions of laws, regulations and contracts, noncompliance with which could have a direct and
material effect on the determination of financial statement amounts. However, providing an
opinion on compliance with those provisions was not an objective of our audit and, accordingly,
we do not express such an opinion. The results of our tests disclosed no instances of
noncompliance that are required to be reported under Government Aud iti ng Standards.
Internal Control Over Financial Re ortin
In planning and performing our audit, we considered the District's internal control over financial
reporting in order to determine our auditing procedures for the purpose of expressing our opinion
on the financial statements and not to provide assurance on the internal control over financial
reporting. Our consideration of the internal control over financial reporting would not
necessarily disclose all matters in the internal control over financial reporting that might be
material weaknesses. A material weakness is a condition in which the design or operation of one
or more of the internal control components does not reduce to a relatively low level the risk that
misstatements in amounts that would be material in relation to the combined financial statements
being audited may occur and not be detected within a timely period by employees in the normal
course of performing their assigned functions. We noted no matters involving the internal
control over financial reporting and its operation that we consider to be material weaknesses.
This report is intended solely for the information and use of the Board of Directors and
management of the District and is not intended to be and should not be used by anyone other
than these specified parties. 1 4
4l
S v
1201 DOVE STREET, SUITE 680
&C4�_ ��j NEWPORT BEACH, CALIFORNIA 92660
f (949) 221-0025
CERTIFIED PUBLIC ACCOUNTANTS
September 10, 1999
The Finance, Administration and
Human Resources Committee of
the Orange County Sanitation District
570 RANCHEROS DRIVE, SUITE 260
SAN MARCOS, CA 92069
(760) 752-3390
Independent Accountants' Report on A reed -LT ❑n Procedures
Applied to Appropriations Limit Worksheets
We have applied the procedures enumerated below to the accompanying Appropriations Limit
worksheet No. 6 (or other alternative computation) for the Orange County Sanitation District
(District) for the year ended June 30, 1999. These procedures, which were agreed to by the District
and the League of California Cities (as presented in the League publication entitled Article N11B
Appropriations Limitation Uniform Guidelines), were performed solely to assist the District in
meeting the requirements of Section 1.5 of Article N= of the California Constitution.
This engagement to apply agreed -upon procedures was performed in accordance with standards
established by the American Institute of Certified Public Accountants. The sufficiency of the
procedures is solely the responsibility of the specified users of the report. Consequently, we make no
representation regarding the sufficiency of the procedures described below either for the purpose for
which this report has been requested or for any other purpose.
The procedures performed and our findings were as follows:
We obtained the completed worksheets No. 1 through No. 7 (or other alternative
computations) and compared the limit and annual adjustment factors included in those
worksheets to the limit and annual adjustment factors that were adopted by resolution of the
Board of Directors. We also compared the population and inflation options included in the
aforementioned worksheets to those that were selected by a recorded vote of the Board of
Directors.
Finding: No exceptions were noted as a result of these procedures.
2. For the accompanying Appropriations Limit worksheet No. 6, we added line A, last year's
limit, to line E, total adjustments, and compared the resulting amount to line F, this year's
limit.
Finding: No exceptions were noted as a result of these procedures.
The Finance, Administration and
Human Resources Committee of
the Orange County Sanitation District
September 10, 1999
Page 2
3. We compared the current year information presented in the accompanying Appropriations
Limit worksheet No. 6 to the other worksheets described in No. 1 above.
Finding: No exceptions were noted as a result of this procedure.
4. We compared the prior year appropriations limit presented in the accompanying
Appropriations Limit worksheet No. 6 to the prior year appropriations limit adopted by the
Board of Directors during the prior year. No procedures have been performed with respect
to the determination of the appropriation limit for the base year, as defined by the League
publication entitled Article MIIB Appropriations Limitation Uniform Guidelines.
Finding: No exceptions were noted as a result of this procedure.
We were not engaged to, and did not, perform an audit, the objective of which would be the
expression of an opinion on the accompanying Appropriations Limit worksheet No. 6 (or other
alternative computation). Accordingly, we do not express such an opinion. Had we performed
additional procedures, other matters might have come to our attention that would have been reported
to you.
This report is intended solely for the use of the District and should not be used by those who have
not agreed to the procedures and taken responsibility for the sufficiency of the procedures for their
purposes. However, this report may be a matter of public record and its distribution is not limited.
ORANGE COUNTY SANITATION DISTRICT
APPROPRIATIONS LIMIT WORKSHEET #6
FY 1998-99
BUDGET
A. LAST YEAR'S LIMIT 1 $44,577,000
B. ADJUSTMENT FACTORS
1. Population % (average) 1.55%
2. Inflation % 4.15%
Total Adjustment % 1 5.77%
C. ANNUAL ADJUSTMENT $ 1 $2,574,000
D. OTHER ADJUSTMENTS:
Assumed Responsibility
(Lost Responsibility)
(Transfer to Private)
(Transfer to Fees)
Sub -total -
E. TOTAL ADJUSTMENTS $2,574,000
F. CURRENT YEAR LIMIT 1 $47,151,000
FAHR COMMITTEE
REPORT
Meeting Date
11/11/99
To Dir.
11/1/17/99
Item Number-
Item Number
_AGENDA
Orange County Sanitation District
FROM: Gary Streed, Director of Finance
Originator: Michael D. White, Controller
SUBJECT: Review of Internal Controls over Payroll, Cash Receipts, Cash
Disbursements, and Treasury Management
GENERAL MANAGER'S RECOMMENDATION:
Information item only.
SUMMARY
A request was made at the Committee meeting in October for staff to provide a report
on the Internal Controls of the District. Attached to this report are the internal
accounting control procedures that were last updated as of June 1999, as follows:
-Payroll
-Cash Receipts/Revenues
-Cash Disbursements
-Treasury Management
Also attached to this report is a letter from KPMG Peat Marwick dated January 18, 1995
responding to our request to have them review our internal controls, and staffs report to
the Committee dated March 15, 1995 responding to KPMG Peat Marwick's letter and to
suggestions provided by the staff from the City of Brea.
Staff believes that our current updated procedures still comply with the recommenda-
tions provided by KPMG Peat Marwick and the City of Brea.
In developing these procedures, staff recognizes that it is our responsibility for
establishing and maintaining a system of internal control. In fulfilling this responsibility,
estimates and judgements by management are required to assess the expected
benefits and related costs of assurance that assets are safeguarded against loss from
unauthorized use or disposition, and that transactions are executed in accordance with
management's authorization and recorded properly to permit the preparation of financial
statements in accordance with generally accepted accounting prinicples.
With these objectives in mind, staff believes that the attached internal control
procedures provide for the maximum practical safeguards over cash and that all
conflicting duties have been segregated. Staff also believes that the proper checks and
balances are in place to ensure that transactions are properly performed and recorded.
H:\wp.dta\fin\220\whke\FAHR\Inlemel Controls'! 1-99.doc.dot
Revised: MO/98 Page 1
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)
ATTACHMENTS
• Internal Control Procedures Over Payroll
Internal Control Procedures Over Revenues/Cash Receipts
• Internal Control Procedures Over Disbursements
® Internal Control Procedures Over Treasury Management
• Letter from KPMG Peat Marwick dated January 18, 1999
Staff Report dated March 15, 1999
H:%wp.dte\fin%2201whkeWAHR%Intemal Controlsll-99.doc.dot
Revised: MO/98 Page 2
Revised June 1999
Orange County Sanitation District
Internal Accounting Controls Over Payroll
Hiring of New Employees -
Purpose:
To ensure only authorized personnel are included within the payroll system and can be paid from
approved timesheets.
Procedure:
A "Status Change Form" is completed by the Human Resources (HR) Recruiter that
includes the new employee's name, department and division, employee number, social
security number, position, pay grade, and salary. This form is signed by the Department
Head assigned the employee and either the Director of HR or the HR Manager.
2. The above information, along with all employee benefits such as medical insurance,
accident insurance, disability insurance, retirement, and deferred compensation, and other
personal information about the employee, such as home address, phone number, and
emergency contact is input into the financial information system (FIS) by the HR Assistant.
3. A copy of the "Status Change Form" is forwarded to the Accounting Division's Payroll
Section who matches this against the employee's very first completed timesheet.
2. Pay and Employee Benefit Changes -
Purpose:
To ensure that all pay and employee benefit changes are properly inserted into the FIS system
and that there is a segregation of duties between those who employees who update the FIS
system with pay and employee benefit changes from those employees who enter time worked into
the system.
Procedure:
Pay Rate Changes- Pay rates are changed in HR Department based on changes generated
by:
A. Movement within the step system. These changes are input into the FIS system by
the HR Assistant off of a tickler file.
B. Per changes as outlined by the memorandum of understanding. Again these changes
are input into the FIS system by the HR Assistant off of a tickler file.
OCSD • P.O. Box 8127 9 Fountain Valley, CA 92728-8127 • (714) 962-2411
C. Per classification studies performed in April and/or November.
i. These studies are performed by the HR Analyst either at the request of the various
departments or through HR's own benchmarking efforts.
ii. Upon completion of these studies, the HR analyst will generate an equity
adjustment recommendation that is approved by the Department Head of the
affected employee, the Director of HR, and the General Manager.
iii. Once approved, a status change form is completed by the HR analyst, approved by
the HR Director, and input into the FIS system by the HR Assistant.
D. Per equity adjustments done through the budget process or in November of each year
at the request of a Department Head and approval by the General Manager.
i. Again, the HR Analyst prepares the Status Change Form for the employee.
ii. Upon approval by the HR Director, the HR Assistant inputs it into the FIS system.
2 Changing Benefits- Benefits are changed by the HR Department based on changes
generated by:
A. Changes as outlined by the memorandum of understanding. These changes are input
into the FIS system by the HR Assistant off of a tickler file.
B. When an employee moves to a different benefit group (i.e., non-exempt to exempt).
i. A recruitment search is conducted by the HR Recruiter.
ii. Once the recruitment search is completed and an exiting employee is awarded the
position, the HR Recruiter prepares a Status Change Form outlining the new pay
rates and benefits.
iii. This Status Change Form is then entered into the FIS System by the HR Assistant.
C. Semi -Annual Benefit Option Payout Distribution. These changes are input into the FIS
system by the HR Assistant off of a tickler file.
3. Timekeeping -
Purpose:
To ensure that employees are paid for either hours worked or for the appropriate leave benefits
accrued by them.
Procedure:
The time sheets are filled out and signed by employees, reviewed and signed by their
supervisors and then turned into the Timekeeping Unit within the Payroll Section for
processing.
2. The Timekeeping Unit accumulates employee time sheets for each pay period and;
A. Reviews the time sheets for computations of payroll period hours, signatures of
2
employees and supervisors, and for possible unapproved erasures or alterations.
B. Enters the reported hours by pay code into the financial information system.
C. Reconciles each computer batch total against an adding machine total.
D. Generates a labor distribution report that indicates total hours, which is reconciled to
the individual batch totals, and total payroll dollar amount. Exceptions are noted for
employees working more or less than 80 hours. Also, verification is made on shift
differentials.
4. Payroll Processing -
Purpose:
To ensure that payroll is processed accurately and timely.
Procedure:
1. The Payroll Processing Unit within the Payroll Section processes the bi-weekly payroll by:
A. Obtaining the "Status Change Form's" processed by the Human Resources
Department over the last payroll period for new hires, promotions, reclassifications,
and terminations; and verifying the accuracy of the pay changes processed by the
Human Resource Department into the financial information system.
B. Making the appropriate adjustments to the individual employee benefit accounts within
the financial information system due to changes occurring during the past payroll
period, including deferred compensation, retirement, direct deposit, computer loans,
and Federal and State withholdings.
C. Manually preparing retroactive pays, compensation payoffs, and management option
plan pay adjustments as directed by the Human Resources Department.
D. Processing the payroll within the financial information system and generating the
payroll register along with the payroll checks.
2. Payroll Verification:
The Timekeeper reviews the final payroll register and pay checks generated by the financial
information system.
A. The total hours and dollar amounts per the payroll register is reconciled against the
Labor Distribution Report generated by the Timekeeping Unit.
B. Individual employee payroll information per the Payroll Register is spot checked
against the Labor Distribution Report.
C. The payroll register and pay checks are reviewed by the Controller who signs off on
the payroll register.
3
D. The payroll register is reviewed and approved by the Director of Finance/Treasurer.
E. Payroll is then posted to the General Ledger.
Processing Accounts Payable Deduction Warrants:
The Payroll Unit prepares vendor payment requisitions for the payroll deduction liability
amounts per the payroll register and forwards them onto the Accounting Division's
Accounts Payable Section.
4. Processing Interim Payroll Checks:
If Payroll Checks need to be issued in between pay periods, such as terminations, the
same procedures as outlined above are used to issue these interim payroll checks. No
manual payroll checks are ever processed.
5. Annual Vacation/Sick Leave/Personal Leave Payout:
A. Annual vacation, sick leave, and personal leave payout forms are distributed to all
employees each December by the Payroll Unit.
B. Employees complete the forms indicating as to whether they want to convert and leave
hours banked to cash and sign the forms, and return them to the Payroll Unit.
C. The Payroll Unit process an interim payroll for the conversion of leave hours to pay as
outlined above based upon the payout forms received.
5. Safeguard Controls -
Purpose:
To ensure that adequate controls are in place for the safeguarding of the District's assets.
Procedures:
Signature Authority
A. Authorized signers are limited to the General Manger, Director of Finance/Treasurer,
and the Controller.
B. All checks are stamped by a facsimile signature plate bearing the signature of the
Treasurer.
C. All checks over $25,000 require a second handwritten signature.
2. Safeguards Over Check Stock
A. All automated checks are produced from blank paper safety stock bearing no check
numbers or bank micr encodings.
B. Blank paper safety stock is ordered, maintained, and provided to the Payroll Unit by
4
the Accounting Division and is kept locked up within the Accounting Division computer
room.
C. All payroll checks are issued the check numbers and bank micr encodings through the
use of a computer program, with access only by the accounts payable and payroll
clerks, and laser printer. Check numbers are generated in numerical sequence and
accounted for within the financial information system.
3. Safeguard Over the Signature Plate and Payroll Checks
A. The signature plate is kept in the Accounting Division safe. The combination to this
safe is known only by two custodians, the Accounting Manager and the Finance
Administration Principal Accountant.
B. The fixed asset clerk will obtain the signature plate from one of the custodians and the
printed checks from the timekeeper and run the checks through the check -signing
machine.
C. The fixed asset clerk will then return the signature stamp to the custodian and
distribute the payroll checks to division secretaries throughout the District. A
distribution log is maintain by the fixed asset clerk acknowledging the receipt of checks
by each division secretary. The log includes a listing of the employee names for which
checks have been released. The secretaries will then distribute the checks to the
individual employees.
4. Positive Pay
A. A computerized listing containing the check number and dollar amount of each check
is transmitted to the bank prior to the mailing of checks. Therefore, the check number
and dollar amount of each check presented to the bank for payment must match the
electronic file previously submitted to the bank.
Bank Reconciliations
A. The General Ledger Principal Accountant, independent of the Payroll processing
functions, performs the monthly bank reconciliation within one -week following receipt of
the bank statement.
6. Back up Assignments
Purpose:
Backup personnel will be trained and used in the absence of key individuals.
Procedures:
Key individual- First Timekeeper
Backup- Second Timekeeper
2. Key individual- Controller's review of payroll register and pay checks.
Backup- Accounting Manager.
5
3. Key individual- Prinicipal Accountant who reconciles the bank statement.
Backup- Accounting Manager.
Internal Control Strengths
1. Time keeping -
a. Time keeping is separated from payroll preparation.
b. Formal time sheet attendance records are utilized.
C. Time sheet signature approval by supervisors is required.
d. Time sheets are scrutinized for appropriateness and reasonableness.
2. Payroll Preparation -
a. Payroll preparation is segregated from employee and employee wage data input; and time
keeping and check distribution duties. The Human Resources Department is solely
responsible for inputting new employees and wage data into the financial information
system.
b. Overtime hours, rates, and computer computations are checked.
C. The Payroll is subject to final approval before payment by someone independent of payroll
preparation and time keeping.
3. Safeguard Controls-
4.
5.
a. Controls are in place over the signature plates.
b. Controls are in place over the blank check stock.
C. Controls are in place over the check processing software.
Positive Pay -
a. Reduce the likelihood of check fraud.
Bank Reconciliation -
a. Performed monthly by someone other than persons who participate in the processing of
payroll.
b. Payroll checks are drawn on a separate account operated on an imprest basis.
A
Revised June 1999
Orange County Sanitation District
Internal Accounting Controls Over Revenue/Cash Receipts
Property Tax and User Fees
Purpose:
Both the Property Tax and User Fee Revenues are billed and collected by the County of Orange
through the County's Property Tax Bill. The monies collected are remitted to the District by
electronic wire transfers in accordance with the County's property tax apportionment schedule.
The user fees are assessed in the following manner:
Residential: Flat Rate
Multi -Family Residential: Flat Rate/Unit
Commercial: Based on square footage as provided by the County Assessor
Procedure:
The Accounting Division's Revenue Section obtains current property information from the
County Assessors office and inputs the related fees into the computer program.
2. The information is then transmitted to the County's Property Tax Division for inclusion on
the property tax bill.
3. The Revenue Accountant within the Revenue Section reconciles the Orange County
Electronic Wire Transfer Notification for property tax and user fee proceeds from the County
against the bank confirmation on incoming wires. He then posts the property tax and user
fee receipts to the general ledger through the cash receipts journal which is subsequently
approved by the Accounting Manager.
2. Industrial User Fees -
Purpose:
Companies must have a waste discharge permit if they discharge certain types of waste into the
local sewer systems such as metals and oils. This type of discharge requires enhanced
treatment and an additional fee is charged to recover the costs associated with this enhanced
treatment. Companies discharging over 750,000 gallons of water per year are tested to see if
their discharge requires additional treatment.
Procedure.
OCSD 9 P.O. Box 8127 9 Fountain Valley, CA 92728-8127 • (714) 962-2411
1. Each quarter, one-fourth of the prior year's actual usage is billed as an estimate for each
company under permit by the Revenue Section.
2. At year-end, the actual current year's usage is compared against the four quarters of
estimated payments, and any difference is either billed or refunded to the business.
Cash Receipts
Purpose:
To ensure that the collection of cash receipts is secured and deposited into the bank on a timely
basis.
Procedure:
1. Over -The -Counter Cash Receipts for the Sale of Plans & Specifications:
A. The receptionist in the front lobby maintains a receipt book and writes a receipt from a
pre -numbered receipts book for all cash/check collections. The receipts collected are
maintained in a locked box at the front desk.
B. On a daily basis, the receptionist delivers the payments received along with copies of
the cash receipts to a Revenue Clerk in the Revenue Section.
C. The Revenue Clerk reconciles the cash/checks reconcile against the cash receipts.
The Revenue Clerk also verifies the proper sequence, beginning number included, of
cash receipts issued.
D. Cash is kept in a safe and checks are kept in a locked cupboard overnight and
deposited at the bank by armored courier the next day.
2. Cash Receipts Received by Mail:
A. The mailroom opens the mail each day and prepares a Check Receipt Log on all
checks received.
B. The checks, along with any remittance advices, are delivered to a Revenue Clerk in
the Revenue Section. The Revenue Clerk summarizes the cash receipts from both
the mailroom and from the prior day collections from the receptionist by revenue
account number and enters them into the financial information system (FIS).
C. After entering the receipts into the FIS system, the Revenue Clerk prints out a cash
receipts journal and prepares a deposit slip.
D. The Revenue Clerk then prepares a batch control sheet summarizing the cash receipt
journal, the deposit slip, and the check receipt log. The Revenue Clerk then initials the
batch control sheet indicating that the batch has been entered into the FIS system and
forwards this package to the Accounting Manager.
E. The Accounting Manager reviews the batch control package by comparing the deposit
2
slip against the check receipt log, approves the deposit slip, and signs the batch
control sheet to authorize the posting of the batch to the general ledger.
F. The batch package is then returned to the Revenue Clerk for posting. After posting,
the Revenue Clerk initials the batch control sheet indicating that the batch was posted,
and files the batch package.
G. An armored carrier transports the deposit to the bank every afternoon.
4. Safeguard Controls -
Purpose:
To ensure that adequate controls are in place for the safeguarding of the District's assets.
Procedures:
1. Safeguards Over Cash Receipts
A. All cash is locked up overnight in a safe. All checks are kept overnight in a locked
cupboard.
B. Deposits are made to the bank each day by armored carrier.
2. Bank Reconciliations
A. The General Ledger Principal Accountant, independent of the Cash Receipt processing
functions, performs the monthly bank reconciliation within one -week following receipt of
the bank statement.
5. Backup Assignments -
Purpose:
To ensure duties are still carried out in the absence of key employees.
Procedures:
1. In the absence of the Revenue Accountant, the duties assigned to this position will be
performed by either the Revenue Supervisor or the Revenue Clerk.
2. In the absence of the Revenue Clerk, the duties assigned to this position will be
performed by the Revenue Accountant.
3. In the absence of the Accounting Manager, the duties assigned to this position will be
performed by the Revenue Supervisor.
6. Internal Control Strengths:
1. Safeguards are in place over cash and checks.
3
2. Receipt forms are prenumbered to ensure all receipts are posted in the receipt journal
and deposited in the bank.
3. All cash and checks received are deposited within one day of its receipt.
4. The bank account is reconciled monthly by someone other than persons who participated
in the receipt of cash.
Backup assignments have been established during periods of employee absences and
provide for appropriate segregation of duties.
4
Revised June 1999
Orange County Sanitation District
Internal Accounting Controls
Over Accounts Payable Disbursements
Purpose: To ensure that individual documents verifying purchases and receipt of goods are brought together
to assure valid payment.
Numbers 1-3 illustrates the duties that clerk will be designated to do.
Clerk 1: Sort and Distribute All Internal and External Mail Delivered to Accounts Payable & Perform
Payment Request Voucher and Blanket Order Input into FIS System:
1) All mail received each day in Accounts Payable is date stamped.
2) For all invoices received, verify the following through inquiry within the financial information
system (FIS):
a) Vendor number;
b) Vendor address;
c) 1099 Tax Identification Number;
d) Purchase Order (P.O.) type:
i) Send out copies of service invoices (P.O. Type OS) for appropriate staff approvals.
Upon receipt of signed approvals, input OS invoice into the FIS System.
ii) Verify deliveries of goods (P.O. Type OP) through FIS and input invoices into FIS.
3) Distribute Blanket P.O.'s to Clerk 2.
4) Distribute Problem Invoices Requiring Research to Clerk 3.
5) Distribute Payment Request Vouchers completed by staff (purchases made by individual
departments without the aid of purchase orders such as memberships, subscriptions,
travel and training, and employee reimbursements) and associated invoices to Clerk 3.
6) Input invoices derived from Blanket P.O.'s (Type OX) processed by Clerk 2 (see Clerk 2,
3c below) into the FIS System.
Clerk 2: Process Invoices Derived from Blanket P.O.'s
1) Chemicals:
a) Match bill of lading and verify totals;
b) Make copies of P.O. entry prior to release;
c) Release to create OX's (individual P.O., reducing the total available from the original
Blanket P.O.).
OCSD • P.O. Box 8127 • Fountain Valley, CA 92728-8127 • (714) 962-2411
2) Utilities:
a) Send out copies to Operations & Maintenance for approvals.
b) Prepare Payment Request Voucher.
c) Forward invoice and Payment Request Voucher to Clerk 3 for input into FIS system.
d) Update Utility Log Spreadsheet for historical comparisons.
3) Regular Blankets:
a) processing of Blanket P.O.'s by matching the Blanket P.O. Payment Request Form
prepared by staff against the invoice,
b) Make copies of P.O. entry prior to release;
c) Release to create OX's (individual P.O., reducing the total available from the original
Blanket P.O.), and then forward onto Clerk 1 for input into FIS system.
Clerk 3: Research & Resolve Problems:
1) Problems Related to Invoices:
a) Invoices that have not be approved or rejected for payment by staff.
b) Invoices for goods or services not received or delivered.
c) Price & Qty. discrepancies- resolve discrepancies between vendor and staff.
d) Invoices w/o purchase orders- contact Purchasing to initiate a Purchase Order.
e) Invoices w/o requisition numbers- contact field staff to initiate a Purchase Requisition.
f) Insufficient funds on P.O.- contact Purchasing to review terms on the original purchase.
g) Expired P.O.- contact Purchasing
h) Conflicting Terms as indicated on P.O. versus Invoice- contact appropriate staff/vendor.
i) Obtain Freight back-up when over $100.00.
2) Respond to all Accounts Payable Telephone Inquiry Calls from Vendors/Staff.
3) Process Invoices supported by Payment Request Vouchers.
4) Input Payment Request Vouchers for Utilities generated by Clerk 2 into FIS System.
5) Process checks to be voided.
a) Indicates void across the face of the check.
b) Voids the check out within the FIS system.
c) Forwards the check onto the Principal Accountant who makes a notation within the blank
check log, and files the voided check along with the rest of the checks cleared from the
bank.
All Clerks: Process Accounts Payable Check Runs:
1) The processing of all invoices, including blanket P.O.s., Service P.O.'s, Material P.O's, or
payment request vouchers requires:
a) Verifying that all of the following applicable documents have been received, are in order,
K
and that proper authorization for payment has been obtained and then batching them
together into warrant packages:
i) Original invoice from vendor.
ii) Payment Request Voucher (if applicable).
iii) Verification of Purchase Order within FIS (if applicable)
iv) Verification of Goods Received within FIS (if applicable)
b) Checking all invoice data against the electronic purchase order and receiving report within
the FIS.
c) Checking all extensions, footings, discounts, and freight terms for accuracy.
d) Reviewing the general ledger account coding and work order number for accuracy.
e) Entering the pay information into the computer system.
2) On a rotating basis, the three clerks divide the alphabet three ways and run a pre -check
register. Each then reconciles their third of the alphabet against the pre -check register.
3) The Accounts Payable Clerks then generates the final check registers and warrants. Each
file warrant copy is then reconciled and batched with the individual warrant packages which
is then machine perforated to prevent reuse.
4) The Capital Project Principal Accountant performs an audit after the check run is completed
but prior to the mailing of the checks.
5) The Final Check Register is reviewed and then signed off by the Controller.
6) The Final Check Register is then reviewed and signed off by the Director of
Finance/Treasurer.
7) Accounts Payable Check runs are scheduled on Wednesday of every week, with Payroll
Vouchers and Vendor checks processed separately on alternating Wednesdays. Interim
checks are processed on an emergency basis and our processed exactly the same way as
the normal Accounts Payable Check runs are done, as described above.
Other Procedures:
1. Processing of Professional Service Agreement Payments
1. The Capital Project Principal Accountant matches the invoices with the agreement/
purchase order and creates a Payment Package to be sent out to the appropriate OCSD
Project Manger for approval consisting of:
a) a copy of the invoice;
b) portions of the agreement pertaining to the work and payment term requirements;
c) a copy of the payment summary schedule that shows the original agreement amount,
payments that have been made and the dates the payments were paid, and the
amount of the agreement that is still available for payment.
The Capital Project Principal Accountant then records the date the Payment Package
was forwarded to the OCSD Project Manager within the Agreement File Folder.
3. Upon receipt of the approved Payment Package, the Capital Project Principal Accountant
a) verifies the approval signature of the OCSD Project Manager;
b) audits the invoice calculations;
c) verifies the supporting documentation against the agreement terms.
d) initials the invoice indicating his approval.
e) updates the payment summary schedule and returns it to the Agreement File Folder.
f) inputs the approved invoice into the FIS system.
4. The payment is then processed by the "All Clerks: Process Accounts Payable Check
Runs" procedures as listed above.
2. Processing Contractor Progress Payments
The Capital Project Principal Accountant receives the preliminary contractor progress
payment invoice from the Construction Management Division and verifies:
a) the proper report number;
b) days extended by change order;
c) days elapsed to date;
d) days remaining;
e) calculations;
f) retention;
g) audits file for stop notices filed or released and any other data reported that may affect
payment.
After performing the verification procedures above, the Capital Project Principal
Accountant performs the following tasks:
a) initials invoice and makes copy of preliminary invoice for payment package and the
contract file.
b) forwards the original audited preliminary invoice to Construction Management Division
for their files.
c) Prepares a coding slip and attaches the audited invoice copy.
d) Inputs into the FIS system.
3. The payment is then processed by the "All Clerks: Process Accounts Payable Check
Runs" procedures as listed above.
4. After receiving two executed original construction progress payment invoices from the
Construction Management Division, the Capital Project Principal Accountant:
a) attaches one executed original construction progress payment invoice to the invoice
package and forwards it to the Controller for review and signature approval on the
check. The Controller then forwards the check directly to the Fixed Asset Clerk who
distributes the check, along with any attachments received from the Capital Projects
Principal Accountant,
4
b) Places the other executed original construction progress payment in the contract file.
3. Positive Pay
A computerized listing containing the check number and dollar amount of each check is
transmitted to the bank prior to the mailing of the checks. Therefore, the check number
and dollar amount of each check presented to the bank for payment must match the
electronic file previously submitted to the bank.
4. Signature Authority
Authorized signers are limited to the General Manager, Director of Finance/Treasurer, and
the Controller.
2. All checks under $25,000 will be stamped by a facsimile signature plate bearing the signature
of the Treasurer.
3. All checks for $25,000 or over will require a second handwritten signature of either the
General Manager, Director of Finance/Treasurer or Controller.
Safeguards Over Check Stock
All automated checks are produced from blank paper safety stock bearing no check numbers
or bank micr encodings.
2. The blank paper safety stock is ordered, maintained, and provided to the Accounts Payable
Unit by the Accounting Division and is kept locked up within the Accounting Division
computer room.
3. All accounts payable checks are issued check numbers and bank micr encodings through
the use of a computer program and laser printer. Check numbers are generated in numerical
sequence and accounted for within the financial information system.
6. Safeguard Over the Signature Plate and Accounts Payable Checks
The signature plate is kept in the Accounting Division safe. The combination to this safe is
known only by two custodians, the Accounting Manager and the Finance Administration
Principal Accountant.
2. The fixed asset clerk will obtain the signature plate from one of the custodians and the printed
checks from one of the Accounts Payable Clerks and run the checks through the check -
signing machine.
3. The fixed asset clerk will then return the signature stamp to the custodian, prepare the checks
for mailing, and deliver the checks to the mail room for mailing. In no instance are checks
returned to the Accounts Payable Clerks or other District personnel for distribution.
7. Bank Reconciliation
The General Ledger Principal Accountant, independent of the Accounts Payable processing
functions, performs the monthly bank reconciliation within one -week following receipt of the
bank statement.
Voided checks will be marked as such across the face of the check, presented to the General
Ledger Principal Accountant for notation within the blank check log, and filing within the
checks cleared from the bank.
8. Back up Assignments- Backup assignments are as follows:
During the Absence of Clerk 1:
Clerk 2 1. Date stamps, sorts and distributes all internal and external mail delivered to
Accounts Payable.
2. Determine type of P.O. and indicate on invoice
3. Verify Vendor number & address
Clerk 3 1. Process OP invoices.
2. Send out OS invoices for approval and, upon receipt of approval, input into FIS
System.
3. Verification and input of 1099 information
During the Absence of Clerk 2:
Clerk 1 1. Prepare Payment Request vouchers for Utility invoices, send copy to Operations
and Maintenance for approval, update Utility Log Spreadsheet for historical
comparisons, and forward to Clerk 3 for FIS input.
Clerk 3 1. Match and verify Blanket releases.
During the Absence of Clerk 3:
Clerk 1 1. Notify switchboard to distribute incoming calls to both Clerk 1 & 2.
2. Audit and Input Payment Request Vouchers.
3. Work on new and existing problems A-L.
Clerk 2 1. Process voided checks.
2. Work on new and existing problems M-Z.
Check runs: Will be performed by two remaining A/P clerks.
Internal Control Strengths
All invoice data is checked against the computerized purchase order and receiving report within the
FIS system. All extensions and footings and other terms are checked for accuracy. The completion
of these procedural steps are clearly marked on the face of the invoice.
0
2. Each individual payment over $25,000 is reviewed and approved by the Controller.
3. Check processing software is only accessible to the payroll clerks and accounts payable clerks.
4. Blank check stock is adequately secured against unauthorized use.
5. All supporting documents are properly canceled at time of signature to prevent duplicate payment.
6. Authorized check signers are independent of voucher preparation and approval for payment, check
preparation, cash receiving, and petty cash, purchasing and receiving.
7. Custody of checks after signature and before mailing is handled by an employee independent of all
payable, disbursing, cash, receiving, and general ledger functions.
8. The facsimile signature plates are adequately safeguarded against unauthorized use.
9. The bank account is reconciled monthly by someone other than persons who participated in the
receipt or disbursement of cash.
10. The rotation assignments on the computer generation of accounts payable checks between the three
Accounts Payable Clerks will reduce the potential of invoices being altered for amounts, items, or
payees.
7
Orange County Sanitation District Treasury Management Procedures
Revised: June 1, 1999
Page 1 of 7
Revised: June 1, 1999
Orange County Sanitation District
Treasury Management Procedures
1.0 Purpose
1.1 The purpose of this policy is to establish uniform guidelines and procedures for
use in the administration of the District's Treasury functions consistent with the
California Government Code and the District's adopted Investment Policy
Statement.
2.0 Authority to Investment and/or Reinvestment of District Funds:
2.1 Is delegated annually to the Director of Finance/Treasurer in accordance with
California Government Code Section 53607.
3.0 Formal Investment Policy Statement:
3.1 Is prepared by the Treasurer.
3.2 Is reviewed by the District's Finance, Administration & Human Resources
Committee (FAHR), in its role as the finance oversight committee.
3.3 Is submitted to and adopted by the District's Board of Directors annually at a
public meeting in accordance with California Government Code Section 53646.
4.0 Delegation of some or all of the investment portfolio management to one or more
registered investment advisors (external money managers):
4.1 Is authorized by the District's Investment Policy;
4.2 Applies to the District's entire investment portfolio except for:
4.2.1 A maximum of $30 million that is maintained within the State Local
Agency Investment Fund (LAIF) for managing cash flows (i.e., deposits
of large revenues, such as property tax and user fee proceeds, and the
bi-weekly disbursements of payroll and accounts payable);
4.2.2 A peg amount of approximately $300,000 that is maintained within the
District's checking account at Union Bank of California to serve as
OCSD • P.O. Box 8127 • Fountain Valley, CA 92728-8127 • (714) 962-2411
Orange County Sanitation District Treasury Management Procedures
Revised: June 1, 1999
Page 2 of 7
compensating balances to offset banking charges (note: the District's
Board of Directors has selected Union Bank of California to serve as the
District's commercial bank (the "Bank"); and
4.2.3 The checking account residual amounts that exceed the peg balance (as
a result of outstanding accounts payable and payroll warrants) which are
invested overnight under a repurchase agreement with the Bank.
5.0 Investment transactions involving the LAIF are approved by the Treasurer prior to their
execution by the Controller. The approval function indicates that the transactions are
in accordance with the District's Investment Policy. The Accounting Manager will serve
as backup for the approval function upon the absence of any either of these two
employees.
5.1 Specific Procedures involving LAIF include (note: all deposits and withdrawals
of funds to/from LAIF may only be processed through the District's checking
account with the Bank):
5.1.1 A "State Treasurer's Local Agency Investment Fund Authorization Form"
(see Attachment "A") must be completed prior to the execution of the
transaction indicating:
5.1.1.1 The effective date of the transaction;
5.1.1.2 The dollar amount to be withdrawn from or deposited into
LAIF;
5.1.1.3 The date and signature approval by the Controller authorizing
the transaction; and
5.1.1.4 The date and signature approval of the Treasurer approving
the transaction.
5.1.2 The execution of the transaction will be done in accordance with the
"State Treasurer's Local Agency Investment Fund Wire Transfer
Instructions" (see Attachment "B"). Key internal control features include:
5.1.2.1 The requirement of the District's Personnel Identification
Number (PIN) for either deposits or withdrawals, known only
by the Treasurer and Controller.
5.1.2.2 Secondary confirmation requirement by the Bank for the
Orange County Sanitation District Treasury Management Procedures
Revised: June 1, 1999
Page 3 of 7
withdrawals/deposits from/to the Bank or LAIF. The
confirmation can be made by the Controller or Treasurer (the
person that didn't make the original request), the Accounting
Manager, or the Principal Accountant.
5.1.3 Each transaction is confirmed the next day by the Bank's Previous Day
Reporting modem service by the Principal Accountant and Controller.
6.0 Investment transactions involving the Districts' external investment program and
performed by the independent investment firms are as follows:
6.1 The District's Board of Directors has selected Pacific Investment Management
Company (PIMCO) to manage two portfolios: the Districts' Liquid Operating
Monies Fund, and the Long -Term Operating Monies Fund.
6.1.1 PIMCO has authorization to purchase and sell investment securities in
accordance with the strict investment guidelines set forth in the District's
Investment Policy (Section 8.0).
6.1.2 Hard copy confirmation reporting to the District is required on all
transactions.
6.2 The District's Board of Directors has selected Mellon/Boston Trust (the
"Custodian") to serve as the District's master custodian and safekeeping bank.
In their capacity as Custodian, Mellon/Boston Trust shalt perform the following
duties to settle purchases and sales and engage in other transactions in the
administration of the District's accounts:
6.2.1 Upon execution of any transaction by PIMCO, all investment securities
are recorded in book entry by the Custodian through either the
Depository Trust Company or the Federal Reserve Bank;
6.2.2 Hold the property in safekeeping facilities of the Custodian or of other
custodian banks or clearing corporations in the U.S.;
6.2.3 Collect all income payable to and all distributions due to the District's
account and sign on the District's behalf all declarations, affidavits, and
certificates of ownership required to collect income and principal
payments;
6.2.4 Collect all proceeds from securities, certificates of deposit or other
investments which may mature or be called;
Orange County Sanitation District Treasury Management Procedures
Revised: June 1, 1999
Page 4 of 7
6.2.5 Submit or cause to be submitted to the District or the external monay
manager, as designated by the District, on a best effort basis all
information received by the Custodian regarding the ownership rights
pertaining to property held in the account;
6.2.6 Attend to involuntary corporation actions;
6.2.7 Determine the fair market value of the District's account on a monthly
basis as of such dates as the Districts and the Custodian may agree
upon, in accordance with methods consistently followed and uniformly
applied;
6.2.8 Render to District, with copies to the external money manager, monthly
statements for securities held hereunder; and
6.2.9 Provide the District with copies of the Custodian's financial statements
filed with the State of California, or any agency thereof, within thirty (30)
days after such filing.
6.3 The District's Board of Directors has selected Callan Associates as the District's
Independent Investment Advisor (the "Advisor"). In their capacity as Advisor,
Callan shall perform the following duties on behalf of the District:
6.3.1 Monitor and report on PIMCO's compliance with the investment
requirements of the Districts' Investment Policy, using data from
transaction reports prepared by Mellon/Boston Trust, on a quarterly
basis;
6.3.2 Review PIMCO's investment strategy quarterly;
6.3.3 Monitor and report on the performance of PIMCO against the
performance benchmark standards established in the District's
Investment Policy for both the Liquid Operating Monies Fund and the
Long -Term Operating Monies Fund on a quarterly basis; and
6.3.4 Review both Liquid and Long -Term Operating Funds by asset allocation,
asset flow, quarterly factors and cumulative results on a quarterly basis.
6.4 Specific procedures in depositing to or withdrawing funds from the investment
portfolio managed by the District's external money manger include: (note: all
deposits and withdrawals of funds from the District's investment portfolio
managed by PIMCO and Mellon/Boston Trust may only be processed through
Orange County Sanitation District Treasury Management Procedures
Revised: June 1, 1999
Page 5 of 7
the District's checking account at the Bank):
6.4.1 A "Wire Transfer Form" (see Attachment" C") must be completed by the
Financial Manager prior to the execution of the transaction indicating:
6.4.1.1 The dollar amount to be withdrawn/deposited from/to the Bank
checking account to/from the PIMCO Liquid Operating or
PIMCO Long -Term Operating Monies Funds;
6.4.1.2 The effective date of the transaction;
6.4.1.3 The date and signature review by the Controller; and
6.4.1.4 The date and signature approval of the Treasurer approving
the transaction.
6.4.2 The execution of the transaction requires a verbal confirmation call from
the Custodian to the Financial Manager at the time of the transaction,
and a written confirmation the following day.
6.4.3 Each transaction is confirmed the next day by the Bank's Previous Day
Reporting modem service by the Senior Accountant and Controller.
7.0 Recording of investment transactions:
7.1 For investment transactions conducted by District staff with the LAIF, and with
the transfer/withdrawal of funds with the Custodian:
7.1.1 Is done by the Controller who maintains a file of all investment
transactions.
7.1.2 Is done within the accounting records by the Principal Accountant, who
receives a signed copy of all investment transactions from the Controller.
7.2 For investment transactions conducted by the external money manager:
7.2.1 Is done by the Custodian who posts all investment transactions daily
within their record keeping system and provides the District with a
monthly report that provides both a summary and detail listing of all
investment transactions.
Orange County Sanitation District Treasury Management Procedures
Revised: June 1, 1999
Page 6 of 7
7.2.2 Is done on a monthly basis by the Accounting Manager within the
accounting records at a summary level using Monthly Transaction
Reports prepared by the Custodian.
8.0 Verification of external money manager transactions is performed by:
8.1 The Custodian within their record keeping system (i.e., matching broker
confirmations to custodian records), and is reported to the District and PIMCO
on a monthly basis.
8.2 PIMCO through their internal compliance office and reported monthly to the
District as required by the District's Investment Policy.
8.3 The Financial Manager through reconciliation of PIMCO's investment
transaction notifications, transaction confirmation slips from broker/dealers, and
monthly transaction reports.
9.0 Safeguarding of Assets and Records:
9.1 Reconciliation of investment records to the accounting records is done by the
Principal Accountant, or in his absence, the Accounting Manager on a monthly
basis.
9.2 Reconciliation of investment records to bank statements is performed by the
Principal Accountant (or in his absence, the Accounting Manager) within one
week following the receipt of the bank statement.
9.3 Review of financial condition, safety, liquidity, and potential yields of investment
instruments and reputation and financial condition of investment brokers is done
by the District's external money manager, who is authorized to utilize the
services of independent securities brokerage firms as deemed appropriate, and
which meets the requirements of Government Code Section 53601.5.
10.0 The periodic review of the investment portfolio, including investment types, purchase
price, market values, maturity dates, and investment yields as well as conformance to
the stated Investment Policy will be performed monthly by the Financial Manager,
quarterly by the Advisor, and annually by the District's external independent auditors.
11.0 The District's Finance, Human Resources and Administration Committee (FAHR) will
serve as the Oversight Investment Advisory Committee to assist the Board of Directors
in monitoring treasury management activities.
Orange County Sanitation District Treasury Management Procedures
Revised: June 1, 1999
Page 7 of 7
11.1 The District's Treasurer submits a Monthly Treasurer's Report to the FAHR
which includes, but is not limited to: a listing of the security transactions for the
month, the monthly interest earnings and rates of return, the market value and
purchase price for each type of investment security, and the bank account
balances at month end.
11.2 The District's Treasurer submits a Quarterly Investment Program Performance
Report which includes, but is not limited to, the following information:
11.2.1 Quarterly interest earnings and rates of return;
11.2.2 The market value of the portfolios;
11.2.3 The annualized earnings of the portfolios;
11.2.4 Market recap;
11.2.5 Comparisons with pre -determined benchmarks;
11.2.6 Market forest; and
11.2.7 Proposed investment strategy for the upcoming quarter.
Internal Control Strengths
1. The specific responsibility for the performance of duties is assigned and lines of
authority and reporting are clearly identified.
2. Responsibilities are commensurate with the capabilities of the personnel assigned.
3. Incompatible functions have been properly segregated to prevent errors or fraud.
4. All transactions are authorized by an appropriate responsible individual.
5. Safeguards over assets and records are in place to ensure that recorded assets exist
and are properly recorded.
6. Management controls are in place to ensure that significant transactions are properly
performed and recorded.
CAWPDATA\CTYI N\ATREASMNGTP&P99
ATTACHMENT "A"
Orange County Sanitation District
State Treasurer's Local Agency Investment Fund
Transaction Authorization Form
Effective Date of Transaction
Confirmation Number
Wire transfer deposit from Union Bank of California
Checking Account #2740013230 in the amount of
Wire transfer (withdrawal) to Union Bank of California
Checking Account #2740013230 in the amount of
Wire transfer transaction authorized by: Wire transfer transaction approved by:
Name
Controller
Position
Date
CAWPDATA\CTYI NV\LAI FAUTH 99
Name
Director of Finance/Treasurer
Position
Date
ATTACHMENT "B"
State Treasurer's Local Agency Investment Fund
Wiring Instructions Form
Deposits or withdrawals that are to take place by the end of the banking day must be made
between 7:30 a.m. and 9:30 a.m..
Deposits or withdrawals that are to take place on a future date can be made between 7:30
a.m. to 9:30 a.m. or 11:00 a.m. to 4:00 p.m. You must be sure to give the effective date
of the future transaction.
To Deposit Funds:
Step 1: 1. Call LAIF at (916)-653-3001, and let them know:
a. That you would like to make a wire transfer deposit.
b. The Districts LAIF account #70-30-006.
c. Your PIN number.
d. The dollar amount of deposit.
e. That the money will be coming from Union Bank Account No. 274-
0013-230.
2. LAIF will give you a confirmation number.
Step 2: 1. Call Union Bank of California at 1-800-798-6466, and let them know:
a. You're making a wire transfer from Account No. 274-0013-230.
b. The dollar amount of the wire transfer.
c. The transfer is going to the District's LAIF Account No. 70-30-006.
d. The LAIF account ABA number at Union Bank is 121000496.
Step 3:
2. The confirmation number of this transaction (see Step 1, Item 2 above).
1. Give the above information to the Principal Accountant who will confirm
this transaction with Union Bank.
To Withdraw Funds:
Step 1: 1. Call LAIF at (916)-653-3001, and let them know:
a. That you would like to make a wire transfer withdrawal.
b. The Districts LAIF account #70-30-006.
c. Your PIN number.
d. The dollar amount of withdrawal.
e. The Union Bank account receiving the funds is No. 274-0013-230.
2. LAIF will give you a confirmation number.
C: \W P DATA\CT Y I N V \LA I F P RO C 99
FAX
Orange County Sanitation District
ATTACHMENT "C" Withdrawal
TO: SEE DISTRIBUTION LIST FAX NO.:SEE DISTRIBUTION LIST
FROM: Steve Kozak, Financial Manager FAX NO.: (714) 962-3954
DATE: November 1, 1999 TIME: Pacific Time
SUBJECT: WIRE TRANSFER OF FUNDS, TUESDAY, xx JUNE 1999
PAGES: One (1) including this cover sheet.
If you do not receive the number of pages indicated, please call
Steve Kozak direct at (714) 593-7555, or (714) 962-2411, extension 7555.
MESSAGE:
You are instructed to wire transfer the exact sum of $xx million as follows:
FROM: OCSF0752222 PIMCO - Long -Term Operating Portfolio
TO: Union Bank of California
ABA No: 122-000-496
Credit to: Orange County Sanitation District
Account No: 2740013230
DATE: Tuesday, xx June 1999
NOTE: WIRE TRANSFER MUST BE COMPLETED AND CONFIRMED NO
LATER THAN 9:30 A.M. ON xx JUNE 1999.
Please confirm completion of transfer with Steve Kozak.
Wire transfer instructions reviewed by:
Michael White, Controller
Wire transfer transaction approved by:
Gary Streed, Director of Finance/Treasurer
DISTRIBUTION LIST
_ Patrick Ludden, Mellon/Boston Trust
617+382+2155
—Virginia Eggleston, Mellon/Boston Trust
415+438+5899
_ Rita Seymour, PIMCO
714+720+1376
Simone Barry, PIMCO
714+644+6486
Date
Date
HA XFINANCE%22101KOZAK\WPDOCS%PIM WIRE.TRN
Orange County Sanitation District
FAX
ATTACHMENT "C" (Deposit)
TO:
SEE DISTRIBUTION LIST FAX NO.: SEE DISTRIBUTION LIST
FROM:
Steve Kozak, Financial Manager FAX NO.: (714) 962-3954
DATE:
November 1, 1999 TIME: Pacific Time
SUBJECT:
RECEIPT AND INVESTMENT OF WIRE TRANSFER OF FUNDS,
FRIDAY, xx JUNE 1999
PAGES:
One (1) including this cover sheet.
If you do not receive the number of pages indicated, please call
Steve Kozak direct at (714) 593-7555, or (714) 962-2411, extension 7555.
MESSAGE:
On Frida , xx June 1999, you will receive a wire transfer of funds in the exact sum of $xx
xx 000,000)
million RoFolio,
Monies
for immediate investment in the District's Long -Term Operating
follows:
as
FROM:
Union Bank of California
ABA No: 122-000-496
Debit to: Orange County Sanitation District
Account No: 2740013230
TO:
Boston Safe Deposit & Trust
ABA No: 011001234
Credit to: Mellon Trust/PIMCO-Long-Term Operating Monies
Account No: OCS F0752222
DDA No. 10-811-1
DATE:
Friday, xx June 1999
NOTE:
WIRE TRANSFER MUST BE COMPLETED AND CONFIRMED NO
LATER THAN 10:00 A.M. ON xxJUNE 1999.
Please confirm completion of transfer with Steve Kozak.
Wire transfer instructions reviewed by:
Michael White, Controller
Wire transfer transaction approved by:
Gary Streed, Director of Finance/Treasurer
DISTRIBUTION LIST
_ Patrick Ludden, Mellon/Boston Trust 617+382+2155
—Virginia Eggleston, Mellon/Boston Trust 415+438+5899
Rita Seymour or Gordon Hally, PIMCO 949+720+1376
Simone Barry, PIMCO 949+644+6486
Date
19-F--1{4
HA kFINANCEU210kKOZAKXWPDOCSkPIM_WIRE.TRN
A M-
IN"
l~-a
Peat Marwick LLP
Orange County Office Telephone 714 850 4300 Telefax 714 850 4488
Center Tower
650 Town Center Drive
Costa Mesa, CA 92626
January 18, 1995
Mr. Gary Streed
Orange County Sanitation Districts
10844 Ellis Avenue
Fountain Valley, CA 92728
Dear Gary:
At your request, we have read the proposed procedures documenting internal accounting
controls in functional areas relating to treasury management and the processing of cash
receipts and disbursements within the County Sanitation Districts of Orange County. We
recognize that the Districts are in the process of developing an investment policy which
may address some of our recommendations. However, the comments noted below relate
to the Internal Accounting Control document dated January 18, 1995.
Overall
Backup Assignments - It is important that backup assignments of responsibilities, as
required during periods of employee absences, also be formalized and provide for
appropriate segregation of duties.
Reconciliations - It is essential that reconciliations be performed on a timely basis
because they are a key control to detect defalcations and unauthorized investments. We
suggest a target timeframe for completion of these reconciliations be included.
Treasury Management
Execution of Investment Transactions - We suggest that this area be expanded to discuss
the procedures utilized to execute investment transactions, including such controls as
review and confirmation of each investment transaction by the Treasurer and Financial
Manager, restrictions on faxed transactions, and callback verifications of investment
transactions instituted by fax.
Reconciliations of Treasurer's Records - These reconciliations and the bank account
reconciliations are probably the most important reconciliations performed. The
timeframe for completing these reconciliations should be specified and adherence
monitored each month.
Review of Financial Institutions - It would be efficient and wise to also monitor the
institutions' FDIC rating.
Safekeeping of Securities - It may be useful to explore other practical arrangements for
safekeeping securities and also to address the use of book entry securities.
Men)tw Firm of
K'""Id Pedl rnc-- GU•,ari.rr
7r. _"
KPMMG Peat Marwick LLa
Mr. Gary Streed
Orange County Sanitation Districts
January 18, 1995
Page 2
Investment Advisory Committee - It would seem prudent to establish an oversight
investment advisory committee to assist the Board in monitoring treasury management
activities_
Monthly Reporting - The preparation and distri-hution of a monthly report of treasury
activities to the Board, Advisory Committee and appropriate management personnel is
an internal control which should be considered.
Accounts Pavable Disbursements
Rotation of Assignments - An excellent control over accounts payable activities would be
the periodic rotation of vendors ("A" through "L" and "M" through "Z") handled by the
two clerks. Such a rotation would likely detect the unauthorized alterin,-7 ()f invoices
regarding either amounts. items or payees. y
Other Bank Accounts - These procedures address only the main bank account. The
possibility of redirecting monies to other bank accounts and related controls over such
bank accounts should also be addressed, if such accounts exist.
Bank Reconciliations - We suggest bank reconciliations be targeted for completion within
one week of receipt of bank statements.
Payroll
Safecruard Over Cheek Stock - It is important that neither of the two clerks who have the
combination to the safe which contain check stock be the "timekeeper". It is unclear
whether this is the case or not.
Bank Reconciliations - We suggest bank reconciliations be targeted for completion within
one week of receipt of bank statements.
We hope the above comments will be useful to you in your establishment of appropriate
procedures pertaining to treasury management and related activities. If we can be of
further assistance in the drafting or review of your investment policy or in any other way,
please do not hesitate to contact us.
Very truly yours,
KPMG Peat Marwick
Margaret J. McBride, Partner
cc: Blake Anderson
LOUNTY SANITATION UISTRICTS
of ORANGE COUNTY, CALIFORNIA
March 15, 1995
STAFF REPORT
10844 ELLIS AVENUE
P 0 BOX 8127
FOUNTAIN VALLEY, CALIFORNIA 92728-8127
(714) 962-241 1
FPC 95-05: Review of Internal Controls Over Accounts Payable,
Payroll, and Treasury Management
The Districts' Controller established new internal accounting controls over accounts
payable, payroll, and treasury management as a result of the discontinuation of
auditing, checks signing, bank reconciliation, and cash investment services by the
County. These procedures have been reviewed by the Districts' external auditors,
KPMG Peat Marwick, and by staff of the City of Brea.
Following is a list of the comments by KPMG and the City of Brea along with staff
responses:
KPMG Peat Marwick
Qveralf omments
Comment #1
It is important that backup assignments of responsibilities, as required during periods of
employee absences, also be formalized and provide for appropriate segregation of
duties.
Staff _Response
Backup assignments that provide the appropriate segregation of duties have now been
identified for all internal control procedures over accounts payable, payroll, and treasury
management.
Comment #2
It is essential that reconciliations be performed on a timely basis because they are a key
control to detect defalcations and unauthorized investments. We suggest a target time
frame for completion of these reconciliations be included.
Review Over Internal Controls
Page 2
March 15, 1995
taff Response
The procedures now specify that all bank reconciliations be completed within one week
following receipt of the bank statement (see KPMG Comment #11).
Treasujy Managemen
Comment #3
We suggest that the area of execution of investment transactions be expanded to
discuss the procedures utilized to execute investment transactions, including such
controls as review and confirmation of each investment transaction by the Treasurer
and Financial Manager, restrictions on faxed transactions, and callback verifications of
investment instituted by fax.
Staff Response
The procedures now clarify that each transaction must be competitively bid, that each
transaction be confirmed by callback verification and followed up with written
confirmation, and prohibit the processing of investment transactions by facsimile.
Comment #4
The reconciliation of Treasurers records and the bank account reconciliations are
probably the most important reconciliations performed. The time frame for completing
these reconciliations should be specified and adherence monitored each month.
Staff Response
The procedures have been amended to indicate that the reconciliation of the
Treasurer's records to bank statements and safekeeping records be completed within
one week following receipt of the bank statement.
Comment #5
It would be efficient and wise to also monitor the FDIC ratings of financial institutions.
Staff Response
The procedures now specify that the FDIC ratings of the participating financial
institutions will be monitored by the Financial Manager.
Review Over Internal Controls
Page 3
March 15, 1995
Comment #6
It may be useful to explore other practical arrangements for safekeeping securities and
also to address the use of book entry securities.
Staff Response
At this time, the procedures specify that the safekeeping of securities will be limited to
having all investment securities held in safekeeping in the Trust Department of the
Districts' bank. Other practical arrangements will be explored with Chandler Liquid
Asset Management during their review of the Districts' Treasury Management
operations.
Comment #7
It would seem prudent to establish an oversight investment advisory committee to assist
the Board in monitoring treasury management activities.
Staff Res onse
The procedures now identify the Districts' Finance and Personnel Committee as the
oversight investment advisory committee to assist the Board of Directors in monitoring
treasury management activities.
Comment #8
The preparation and distribution of a monthly report of treasury activities to the Board,
Advisory Committee and appropriate management personnel is an internal control
which should be considered.
Staff Response
The procedures now specify that the Districts' Treasurer will submit a Monthly
Treasurers Report to the Finance and Personnel Committee listing the treasury
activities fro the month, the monthly interest earnings and rates of return, the market
value (if available) and purchase price for each type of investment security, and the
bank account balances at month end.
Review Over Internal Controls
Page 4
March 15, 1995
A=unts Payable Disbursemen
omment #9
An excellent control over accounts payable activities would be the periodic rotation of
vendors ("A" through "L" and "M" through 7") handled by the two clerks. Such a
rotation would likely detect the unauthorized altering of invoices regarding either
amounts, items or payees.
Staff Res ❑nse
The procedures now specify that the accounts payable clerks will rotate assignments
every six months.
Comment #10
These procedures address only the main bank account. The possibility of redirecting
monies to other bank accounts and related controls over such bank accounts should be f
addressed, if such accounts exist. `
Staff Response
There are no other checking accounts of the Districts except for the Districts' petty cash
(checking) account. Procedures on this fund have been previously established and the
cash disbursements process for these two accounts are fully segregated. In addition, a
surprise audit is conducted on the Districts' petty cash (checking) account by the
Districts' external auditors on an annual basis.
Comment #11
We suggest bank reconciliations be targeted for completion within one week of receipt
of bank statements.
Staff Response
Staff concurs and has incorporated this clarification within Comments #2 and #4.
Review Over Internal Controls
Page 5
March 15, 1995
Payroll
Comment #12
It is important that neither of the two clerks who have the combination to the safe which
contains check stock be the "timekeeper." It is unclear whether this is the case or not.
Staff Response
As previously stated within the procedures, the combination to the safe where the
manual payroll check stock is stored is known only by the two clerks who work within
the Payroll Unit. The Payroll Unit is within the Personnel Department. The Timekeeper
is assigned to the Accounting Division and does not have access to Personnel's safe.
Qijy of Brea
Accounts -Payable Disbursement
Comment #1
To ensure separation of duties, Accounting Supervisors need to make sure that the
Accounts Payable Clerks have exchanged responsibilities as described in Section IA7,
which should continue on through the reconciling and batching process.
Staff Resi)anse
Accounting Supervisors and accounts payable clerks have been thoroughly trained on
these procedures and understand that a clerk other than the one preparing the warrant
package has to batch and post the payment information into the computer system.
Comment #2
The Districts' procedures require the additional handwritten signature of either the
General Manager, Director of Finance/Treasurer, or Controller. Many agencies require
two facsimile signatures over $10,000.
Staff Response
Because of the size and nature of transactions of the Sanitation Districts, numerous
payments are made between $10,000 and $25,000 that are recurring and routine in
nature (i.e., plant chemicals). Our procedures could be viewed as more stringent
Review Over Internal Controls
Page 6
March 15, 1995
because they require an actual handwritten signature for large checks as opposed to a
second facsimile signature.
Comment #3
The check log should be kept separate from the blank check stock.
Staff Response
Staff concurs and has revised the procedures so that the check log is kept locked up by
a Principal Accountant who does not have access to the locked cabinet storing the
blank check stock.
Comment #4
It appears that the timekeeper, who prepares the accounts payable checks for mailing,
also mails the checks. This should be clarified to insure that the checks are not
returned to the accounts payable clerks who prepared the checks or to other Districts'
personnel.
Staff Response
The procedures were written with the intention of having the timekeeper mail the checks
as noted within the comment. This has now been revised so that it is more clear that
signed checks will not be returned to the accounts payable staff or distributed to other
personnel.
Payroll
Comment #5
Why were procedures written to cover payroll checks made in error? If there are a lot of
errors, then payroll procedures need to be strengthened.
Staff Response
The word "error' was probably a poor choice to describe circumstances where staff
must void a check and issue a replacement. The reason for including this procedure
was to provide controls over the blank check stock used for manual checks. There is no
blank check stock for computer generated payroll because ADP prints and delivers pay F.
Review Over Internal Controls
Page 7
March 15, 1995
checks from blank paper stock. The actual voiding of a computer generated check and
subsequent reissue with a manual check probably occurs most often as a result of a lost
check.
Comment #6
Control over manual payroll check stock should be by someone other than one of the
payroll clerks.
Response
Staff concurs and has assigned this function to another clerk located in the Personnel
Department.
Comment #7
The procedures currently indicate that Personnel distributes payroll checks to
employees. The employee(s) actually distributing the checks should be someone who
is not involved with inputting new employees into the Personnel Computer system or
has the capability of adding new employees into the system.
Staff Response
Staff concurs. The procedures now specify the actual Personnel employees,
independent of the payroll process, who are allowed to distribute the payroll checks.
Treasury Management
Comment #8
Procedures should clarify that at least two officials should be involved in every
transaction, one to execute and one to approve. The approval process should be done
prior to execution. All transactions should be in compliance with formal investment
policy. The approving official should verify that the investment qualifies with the policy.
Staff Response
Staff concurs. The procedures now indicate that all transactions will be completed by
either the Director of Finance/Treasurer, Controller or Financial Manager and approved
by either of the two not executing the transaction, that the approval process takes place
prior to execution, and that the approval is in accordance with the investment policy.
Review Over Internal Controls
Page 8
March 15, 1995
Comment #9
Whenever possible, bids and offers for any investment security should be taken from a
minimum of two security dealers/brokers, banks, and/or savings and loans. Awards
should be made to the highest bidder or best offer.
taff Response
Staff concurs and has revised the procedures to indicate that each transaction will be
competitively bid.
Comment #1 D
The periodic review of the investment portfolio for conformity with the investment policy
should be done monthly by the Controller. The periodic, or annual, review by the
external independent auditors would effectively supplement the Controller's review.
Staff Response
Staff concurs and has amended the procedures to have the Controller review the
investment portfolio for conformity with the investment policy on a monthly basis.
J:%WPDOCIMNCPMEIFPC.MTGWPC9WTAFFRPT.FPCYCREVRPT.MDW
FAHR COMMITTEE
Meeting Date To Bd. of Dir.
11/10/99 11/17/99
AGENDA REPORT
Item Number
Orange County Sanitation District
FROM: Donald F. McIntyre, General Manager
Originator: Gary Streed, Director of Finance; David Ludwin, Director of
Engineering
SUBJECT: PURCHASING RESOLUTION AND DELEGATION OF AUTHORITY
GENERAL MANAGER'S RECOMMENDATION
Adopt Resolution No. OCSD 99-XX, Establishing Policies and Procedures for the Award
of Purchasing Orders and Contracts; Award of Public Works Project Contracts; Award
of Professional Services Contracts; and Delegation of Authority to Implement said
Policies and Procedures; and Repealing Resolutions Nos. OCSD 98-8, OCSD 98-12,
OCSD 98-21, and OCSD 98-43. This Resolution was approved by the PDC Committee
on October 7, 1999, on a 7:1 vote.
SUMMARY
Discussion of revisions to the Purchasing Resolution and Delegation of Authority began
shortly after the July 1998 consolidation. A cross -discipline and cross -department team
was formed from representatives from Purchasing/Contracts, Engineering, O&M,
Accounting and General Counsel to review, consolidate, standardize and update four
Resolutions that governed the procurement process.
The PDC Committee was assigned the first review by the Steering Committee because
most of the proposed changes involve the public works process. This includes
construction contracts and change orders for minor and major projects; professional
service agreements (PSAs) and addenda for professional engineers, architectural,
environmental, land surveying and construction management services. After three
months of discussion, revision, and additional information, the PDC Committee
approved the proposed Resolution last month on a 7:1 vote.
The FAHR Committee is being asked to approve the PDC Committee
recommendations, as well as certain other changes to the more routine procurement
process and delegation of authority.
At the last meeting, the FAHR Committee asked for some clarification of the PDC
Committee action and a review of our internal controls. The enclosed Table 1" and
Table "2" reflect the clarification, and internal controls are the subject of a separate
informational report on tonight's agenda.
PROJECT/CONTRACT COST SUMMARY
N/A
ltradon\datalhap.dtalfin%210\crane\FAHR%Fahr99\Nov\Delegation of Authority-0999.doc
Revised; &20/98 Page 1
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
Routine Procurements
In order to be effective, purchasing authority must be delegated into the organization.
Prior attempts to delineate this authority were accomplished by the use of position
classifications, i.e., foreman, manager, etc. However, the various departments and
divisions are organized and structured differently, and the former classification
delegations were not standard, efficient or practical throughout the entire agency.
Allowing each Department Head the ability to establish separate authority levels for
purchases under $10,000 will provide the organization with the ability to manage more
efficiently in the future.
This will be accomplished by assigning various employees to levels A, B or C, with
maximum purchase authorities of $2,000/$5,000/$10,000. Division Managers would
continue to be limited to $25,000, and Department Heads would continue to be limited
to $50,000. All purchases over $5,000 would be subject to the bidding process and
purchases below $5,000 would be bid at the Purchasing/Contract Manager's discretion.
Currently, the Board of Directors is required to approve any training or meeting
attendance outside of the United States and Canada. The proposed Resolution adds
Mexico to the destinations that may be approved at a staff level. This change would
treat meetings in all of North America in the same manner and would be consistent with
the spirit of NAFTA.
Professional Service Agreement (PSAs)
PSAs are generally within the purview of the PDC Committee and the Engineering
Department. PSAs are limited by definition to agreements with firms providing
engineering, architectural, environmental, land surveying and construction management
services.
Currently, after a selection process, the General Manager may award a PSA for up to
$25,000. He may subsequently authorize an additional $50,000 in addenda, providing
no single addenda exceeds $25,000. This means that the General Manager has up to
$75,000 of authority for PSAs and addenda provided certain conditions are met.
NndonWata1Wvp.dta%fin121ftraneWAHR%Fahr9MoV%De1egabon of Auftrty-Om.doc
Revised: mass Page 2
The proposal would increase the total authority of the General Manager to $100,000.
This amount includes the original agreement and all addenda. Certain proposal and
selection processes will continue to be required, and all PSAs and addenda approved
by the General Manager will be reported to the PDC Committee each month.
In the case where only one firm is qualified or can best perform a service, the General
Manager's authority is reduced to $50,000. All PSAs for these "specialized services"
exceeding $50,000 will be awarded by the Board of Directors.
Small Cacital Proiects
In December 1997, the PDC Committee and the Board authorized a small capital
projects program. Eighteen task orders have been issued under this program, saving
an average of 2.5 months on each task order, compared with obtaining Board approval
of a separate contract for each project. This delegated authority has been key in
alleviating a backlog of projects that had built up over several years. At the end of the
contract period, each of the consultants was asked if they would extend this year's
hourly rates for an additional year. All agreed to extend the contract terms for an
additional year. The Director of Engineering can currently extend these agreements for
one year. The proposed Resolution would allow the Director of Engineering to extend
these agreements for two years, for a total of three years, with no increases in costs.
Eliminating an annual RFP and consultant selection process would save staff about 350
hours per year, or 0.17 full time equivalent staffing effort, and allow the District to lock in
favorable consulting rates for a three-year period.
The PDC Committee has also recommended an addenda authority for the General
Manager in an amount not to exceed $50,000 per task order.
Public Works Projects
Public Works Projects are subject to special provisions in the Government Code. Of
course, the proposed Resolution complies with all of these special requirements.
Currently, all Public Works Projects are awarded by the Board of Directors, and the
General Manager and the PDC Committee have some change order authority.
The proposed Resolution would allow the General Manager to award contracts up to
$100,000 and the PDC Committee to award contracts up to $200,000. Change orders
may be approved at each level, but the total contract and change order amount cannot
exceed the original authority level.
Cost Reduction Opportunities
While one of the reasons for the proposed changes is to standardize procedures and
authority levels, another is to reduce costs and save time by providing a faster, easier
process to the Engineering staff.
llndonldala1lwp.dta%fin121ftrane\FAHR1Fahr99\NovlDe1egadon of Auft*-0999 doc
Revised: er20/9e Page 3
An analysis of the PSAs and Public Works Contracts that were approved by either the
General Manager, the PDC Committee, or the Board from January 1998 to July 1999
was undertaken for the PDC Committee. The analysis compared the number of items
that were approved by each group under the current DOA and the proposed DOA. The
results are:
Approved By: Approved By Number of
Existing DOA) (Proposed DOA j Projects
1. Board PDC 10
2. Board General Manager 5
3. PDC General Mana er 2
1. For each item that is proposed to be approved by the PDC Committee level rather
than the Board, there is a 3-week timesavings, resulting in 30-weeks of timesavings
over the past 18 months.
2. For each item that is proposed to be approved by the General Manager rather than
the Board, there is an 8-week timesavings, resulting in 10 months of timesavings
over the past 18 months.
3. For each item that is proposed to be approved by the General Manager rather than
the PDC Committee, there is a 5-week timesavings, resulting in 10 weeks of
timesavings over the past 18 months.
The total time that could have been saved over the past 18-month period that was
reviewed with the proposed Delegation of Authority is 80 weeks. Along with the
timesavings, project costs would have been reduced, since staff support and associated
costs would have been reduced proportionally to the timesavings.
For those items that are proposed to be approved by the General Manager, a
substantial amount of staff effort will be reduced since formal Agenda Reports will not
have to be prepared for presentation to the PDC Committee and Board of Directors. As
the number of capital projects increase over the next four to six years, the number of
items requiring Board action will also increase unless this proposal is approved. With
the proposed delegated levels of authority, staff will be more efficient, projects will be
completed on shorter schedules and project costs will be reduced.
The following table summarizes the savings in time and staff effort that would be
realized if the proposed Delegation of Authority is adopted.
E)(ist—ing
' Proposed
Man-hours
DOA
DOA
Time Saved Per
Saver Per
Time Saved
Man-hours
Approval
Approval
No. of
Approval
Approval
Total
Saved Total
Level
Level
Projects
(Weeks)
Hours(Weeks)
Hours
Board
PDC 10
3
2 30
20
PDC
GM 2
5
7-50 10
100
Board
GM 5
8
9-52 40
260
Total
80
380
\\radon\data1\wp dtalfin\210\crane\FAHR\Fahr99\NrnADelegation of Authority-0999 doc
Revised: MOW Page 4
Over the 18-month period reviewed, staff processed 17 approvals of either PSAs, PSA
Addenda, or construction contracts that could have been processed faster under the
proposed Delegation of Authority Resolution. A total of 80 weeks of additional project
time could have been saved with the implementation of the proposed resolution, as well
as up to 380 man-hours of staff effort.
The three enclosed workflow charts were requested by the PDC Committee in order to
better document how the proposed changes in authority levels would affect the approval
process. These charts support the previous table and indicate a substantial savings in
project schedules and staff effort. In most cases, projects that can be accelerated will
be projects that have reduced costs.
Internal Controls
The FAHR Committee requested an update on the District's internal controls. A
separate informational report is being prepared to address this request, but a summary
may be appropriate here.
In the spring and summer of 1994, KPMG Peat Marwick conducted a special
comprehensive review of our internal control systems, operating policies and
procedures, and accounting practices. This review, a supplement to the annual
financial audit, included the following areas:
1. Safeguarding of cash and investments
2. Segregation of duties
3. Employee expense policies
4. Gift acceptance Practices
5. Procurement and job order processes
6. Cash collection security
A final report was delivered to the Fiscal Policy Committee and the Board of Directors in
September 1994. KPMG Peat Marwick noted as a "significant strength" that, "The
Districts maintain effective policies and procedures over operations and maintenance
procurement."
In 1995, staff presented complete internal control, policies and procedures to the Fiscal
Policy Committee in January, March and April. These were very detailed presentations,
including accounts payable, payroll and treasury management. This special review was
required so soon after the KPMG Peat Marwick audit because many functions were
then being assumed by District staff that had been performed by County staff prior to
the County bankruptcy.
Each year a financial audit is prepared by an independent accounting firm. Financial
audits are performed for the purpose of forming an opinion on the financial statements.
They are conducted in accordance with generally accepted auditing standards and
include certain test work. A separate requirement of Government Auditing Standards is
a report on the auditor's consideration of internal controls over financial reporting. It
should be noted that this review and report would not necessarily disclose all material
\\radon\datalWvp dta\fin\2101crane\FAHR\Fahr99\Nov\Delegation of Authority-0999.doc
Revised: MO/98 Page 5
weaknesses in the internal controls; their purpose is to help the auditors design a
testing program. Another part of the financial audit is the "Management Letter." This
letter from the auditor to the FAHR Committee discusses any weaknesses or areas of
concern that were discovered, evaluates potential consequences, and proposes a
solution.
In addition, staff provides a summary of all PSAs and addenda approved by the General
Manager to the PDC Committee on a quarterly basis. It is proposed that this would be
done monthly upon adoption of the new Delegation of Authority. All task orders
awarded to the small projects consultants are reported to the PDC Committee on a
quarterly basis. Staff also provides, on a monthly basis, a summary of all change
orders to construction contracts approved by the General Manager, and a "heads -up" to
the Committee on all projects where change orders are projected to be greater than
five -percent. These reports allow the PDC Committee to be fully, and continuously,
informed as to how the staff is utilizing its delegated authority.
To summarize, the Directors can be assured that management and staff have adequate
policies, procedures, practices and reviews in place to safeguard the District's assets,
and to avoid financial malfeasance.
ALTERNATIVES
None.
CEQA FINDINGS
N/A
ATTACHMENTS
1. Current PDC Authorization vs. Proposed PDC Authorization
2. Current PDC Authorization vs. Proposed General Manager Authorization
3. Current Board Authorization vs. Proposed PDC Authorization
4. Revised Table 1"
5. Revised Table "2"
GGS:lc
\\radonldatal\wp.dta\fin\21ftrane\FAHR\Fahrgg\Nov\Delegation of Auftrty-OM.doc
Revised Sf OM Page 6
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Revised Table 1
Summary of Changes to Financial Approval Levels
Delegated Area I
Current Delegation
I Proposed
Delegation
Up to $50,000 per
Director of Engineering Up to $50,000 per
authority for small project
each task order, no
each task order, no
task orders.
authority for addenda
authority for addenda.
General Manager authority
No authority for
Addenda not
for small project task order
addenda.
exceeding $50,000
addenda.
General Manager authority
for PSAs and addenda.
PSAs are limited to
professional engineers,
architectural,
environmental, land
surveying and construction
management services.
General Manager authority
for Public Works Contract
and Change Orders.
board Committee's
authority for PSAs and
Addenda.
Board Committee's
authority for Public Works
Contract and Change
Orders.
Board of Directors
authority for non -Public
Works Contracts, PSAs
and Public Works
Contracts.
Up to $25,000 for
original agreement
and up to $25,000
additional for each
addendum, NTE
$50,000 total for all
addenda. Total of
contract and addenda
NTE $75,000.
Up to $50,000
(additions only) for
each change order
In no case may
change order
cumulative total
exceed 5% of total
contract or $100,000,
whichever is less.
All Public Works
Contracts are
awarded by the
Board.
Up to $50,000 per
original agreement
and up $50,000 per
each addenda, NTE
$100,000 total.
Up to $100,000
(additions only) per
each additional
change order. In no
case may cumulative
change order total
exceed 10% of total
contract or $200,000,
whichever is less.
All PW Contracts are
awarded by the Board
Up to $100,000 total
per PSA, including
contract and all
addenda.
"Specialized Service"
PSAs over $50,000
will be awarded by the
Board of Directors.
Up to $100,000
(additions only) for
each change order. In
no case may change
order cumulative total
exceed 5% of total
contract or $100,000,
whichever is less.
Public Works
Contracts less than
$100,000 would be
awarded by the
General Manager.
Up to $200,000 total
per PSA, including
contract and all
addenda.
Up to $200,000
(additions only) per
each additional
change order. In no
case may cumulative
change order total
exceed 10% of total
contract or $200,000,
whichever is less.
PDC awards contracts
up to $200,000.
Over $50,000 each for
Over $200,000 on
PSA and addenda.
original contract and
Over $100,000 on
over $200,000 or 10%
original PW contract
of total contract,
and over $100,000, or
whichever is less, on
10% of total contract,
. change orders.
whichever is less, on
I Over $50,000 for PSA
change orders.
for "Specialized Serv".
aec[OOA table 1 10-25.doc
Justification
No change from existing authority.
PDC Committee recommended that
change order or addenda authority be
granted only to General Manager.
Maintain consistency with GM's
current authority for services,
equipment and materials.
Non-PSA purchases between $50,000
and $100,000 are reported to the
FAHR each quarter. PSA actions by
the GM will be reported to the PDC
monthly rather than quarterly.
Maintain consistency with GM's
current authority for services,
equipment and materials.
The proposal would allow the GM to
begin to award Public Works
Contracts between $35,000 and
$100,000, and would increase the
single change order authority.
Consistency with Board Committee's
current delegated authority of 2x the
GM's authority.
Primarily affects PDC Committee
Consistency with Board Committee's
current delegated authority of 2x the
GM's authority.
Allows PDC Committee to award
Public Works Contracts up to
$200,000 without further Board action
Time savings due to the reduction in
the volume of small projects that
would have to be reviewed by the
Board.
Currently all PW Contracts are
awarded by the Board.
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RESOLUTION NO. OCSD 99-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
ORANGE COUNTY SANITATION DISTRICT
ESTABLISHING POLICIES AND PROCEDURES FOR THE
AWARD OF PURCHASING ORDERS AND CONTRACTS;
AWARD OF PUBLIC WORKS PROJECT CONTRACTS;
AWARD OF PROFESSIONAL SERVICES CONTRACTS;
AND DELEGATION OF AUTHORITY TO IMPLEMENT SAID
POLICIES AND PROCEDURES; AND REPEALING
RESOLUTIONS NOS. OCSD 98-8, OCSD 98-12, OCSD 98-
21, AND OCSD 98-43
TABLE OF CONTENTS
ARTICLE I: RECITAL OF FINDINGS
Section 1.01 Findings - Declaration of Intent.
ARTICLE II: DELEGATION OF AUTHORITY
Section 2.01 Purpose and Scope.
Section 2.02 Authorizing General Manager to Establish Rules and
Guidelines.
Section 2.03 Procedure for Delegation of Authority.
ARTICLE III: PURCHASING SYSTEMS RE SUPPLIES, EQUIPMENT AND
SERVICES
Section 3.01 Purpose and Scope.
Section 3.02 Purchasing System Adoption.
Section 3.03 Purchasing Division Delegated Authority.
Section 3.04 Requisitions.
Section 3.05 Cooperative Procurement.
Section 3.06 Purchases: Bidding Requirements.
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Section 3.07 Purchases: Emergency.
Section 3.08 Purchases: Standardized Prices and Specialized
Services.
Section 3.09 Purchase Orders.
Section 3.10 Purchases: Encumbrances of Funds.
Section 3.11 Blanket Purchase Orders.
Section 3.12 Bidding Procedure: Purchases Greater Than
$50,000.00.
Section 3.13 Purchases Between $50,000.00 and $100,000.00.
Section 3.14 Bidding Procedure: Purchases Less Than
$50,000.00.
Section 3.15 Bidding Procedure: Purchases Less Than $5,000.00.
Section 3.16 Inspection and Testing.
Section 3.17 Purchases: Negotiated Contracts.
Section 3.18 Surplus Supplies, Materials, and Equipment.
Section 3.19 Sale of Real Property.
Section 3.20 Recordkeeping.
ARTICLE IV: PROFESSIONAL SERVICES CONTRACTS
Section 4.01 Purpose and Scope.
Section 4.02 Retention of Professional Technical Consultants.
Section 4.03 Small Capital Project — Defined.
Section 4.04 Small Capital Project: Approval of Plans and
Specifications.
Section 4.05 Small Capital Project: Annual Budget Approval.
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Section 4.06 Small Capital Project: Selection of Consultants —
Procedure.
Section 4.07 Major and Minor Capital Projects: Defined.
Section 4.08 Major Capital Project: Scope of Work.
Section 4.09 Major Capital Project: Selection of Consultants —
Procedure.
Section 4.10 Major Capital Project: Award of Professional Services
Agreements.
Section 4.11 Major Capital Project: Approval of Plans and
Specifications.
ARTICLE V PUBLIC WORKS CONTRACTS
Section 5.01 Purpose and Scope.
Section 5.02 Public Works: Bidding Required.
Section 5.03 Bidding Procedure: Public Works Construction
Greater Than $35,000.00.
Section 5.04 Approval of Change Orders to Construction
Agreements.
ARTICLE VI: MEETINGS (AND RELATED TRAVEL) AND TRAINING
(AND RELATED TRAVEL) EXPENDITURES
Section 6.01 Purpose and Scope.
Section 6.02 General.
Section 6.03 Policies and Procedures.
ARTICLE VII: MISCELLANEOUS
Section 7.01 Noncompliance.
Section 7.02 Severability.
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Section 7.03 Effective Date.
Section 7.04 Repeal of Prior Resolutions_
ARTICLE I
RECITAL OF FINDINGS
Section 1.01'. Findinas - Declaration of Intent.
A. California Government Code Section 54202 requires that every
local agency shall adopt policies and procedures, including bidding regulations,
governing purchases of supplies, services, and equipment, and that purchases of
supplies, services, and equipment by the local agency shall be in accordance with said
duly adopted policies.
B. California Government Code Section 54204 requires that if the
local agency is other than a city, county, or city and county, policies provided for in
Section 54202 of said Code shall be adopted by means of a written rule or regulation,
copies of which shall be available for public distribution.
C. In order to establish efficient procedures for the purchase of
supplies, services, and equipment, and the letting of public works contracts at the best
possible cost commensurate with quality and delivery needs, together with other
relevant factors, to exercise positive financial control over purchases, to clearly define
authority for the purchasing function, and to establish bidding procedures, a purchasing
system for the District, beyond what is required by said Sections of the Government
Code, is desirable and in the best public interest.
D. An effective, comprehensive organization needs an administrative
structure with support procedures that are logical, efficient, well -documented, are
understood by the organization's employees and members of the public, and that
enable timely and responsive administrative acquisition of materials, supplies, and
services. The organization should also appropriately delegate authority to those
persons and units having responsibility for these activities.
E. The Board of Directors has determined that a delegation of
authority structure provides for better training of employees which will result in improved
efficiency and effectiveness of the District's operations.
ARTICLE II
DELEGATION OF AUTHORITY
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Section 2.01 Purpose and Scope. In an effort to remove barriers that
prevent District employees from performing their jobs at the highest level of efficiency, a
delegation of authority structure will appropriately train the employees, and by providing
increased responsibility and ownership, will contribute to the improved efficiency and
effectiveness of the District.
Section 2.02: Authorizing General Manager to Establish Rules and
Guidelines. The General Manager of the District is hereby authorized to establish rules
and guidelines to implement Board policies and to delegate to Staff signature authority
to initiate and execute contracts or purchase orders to acquire services, including
professional services, supplies, and materials, and public works project contracts, all as
more particularly specified in Articles III through VI.
Section 2.03: Procedure for Delegation of Authority. The following
provisions establish delegated signature authority for contracts and purchase orders for
the acquisition of supplies, services, materials, equipment, and professional services.
The delegated authority for each functional management level will be established one
level higher in the absence of specifically identified authority. The General Manager's
authority is delegated to the Assistant General Manager ("AGM") in the General
Manager's absence.
These procedures establish the framework and boundaries within which a
delegatee can operate, and also provide Management with a mechanism to evaluate
implementation and hold the delegatee accountable for his/her actions.
Upon delegation of authority by the General Manager, each Department shall be
authorized to further delegate to respective employees within the Department. The
delegation shall be effective upon the Department Head setting forth, in writing, the
name of the delegated employee, his/her job position, and specific level of delegated
authority designated as Level A, B, or C, respectively, and filing it with the
Contracts/Purchasing Manager. The General Manager shall establish procedures to
implement further delegated authority into the organization.
For contracts and purchase orders for the acquisition of supplies, materials,
equipment, and services (excluding public works contracts governed by State law and
professional services agreements), the following signature authority is hereby
established. The functional authority level listed describes the highest level of signature
approval needed. Intermediate management approval between the initiator/requestor
and listed approval level must also be obtained.
A. Approval Levels
All items above $100,000.00 are to be approved by the Board prior to
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purchase, with the exception of emergency items, pursuant to Section 3.13. All items
between $50,000.00 and $100,000.00 are reviewed and approved by the General
Manager prior to purchase, and reported to the Board of Directors on a quarterly basis.
All items below $50,000.00 are approved pursuant to the following delegation of
authority:
Items exceeding $100,000 require Board of Directors approval,
unless previously authorized by the Board for items identified in the
annual District budget.
2. Items $50,000 to $99,999 require General Manager
or Assistant General Manager approval.
3. Items $25,000 to $49,999 require Department Director approval.
4. Items $10,000 to $24,999 require Division Manager approval.
5. Items $5,000 to $9,999 require Level A approval.
6. Items $2,000 to $4,999 require Level B approval.
7. Items less than $2,000 require Level C approval.
B. Co -Signatures. In addition to the signature of the Delegated Authority:
To ensure that all policies and procedures governing purchase
orders and contracts are followed, all contracts or purchase orders
will be signed by the Contracts/Purchasing Manager, or his
designee.
2. All purchases for computer hardware, software, and communication
equipment will be pre -approved by the Information Technology
Director, or his designee.
C. Procedural Requirements. All policies and procedures adopted by the
Board of Directors or promulgated by the General Manager governing the procurement
of services, equipment, or supplies will apply, and shall be complied with.
Budgeted funds must be available prior to the acquisition of goods or
services. Upon the identification of goods or services needed that are not originally
budgeted, either a budget transfer request form must be completed demonstrating that
adequate funds are available to cover the acquisition, or the Board of Directors must
authorize a budget amendment, at which time, the item being acquired would fall into
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the budgeted category.
ARTICLE III
PURCHASING SYSTEM RE SUPPLIES,
SERVICES, EQUIPMENT, AND MATERIALS
Section 3.01: Purpose and Scope. In order to establish efficient
procedures for the purchase of supplies, services, materials and equipment, and the
letting of public works contracts at the best possible cost commensurate with quality
and delivery needs and other relevant factors; to exercise positive financial control over
purchases; to clearly define authority for the purchasing function; to establish bidding
procedures, pursuant to Section 54202 of the Government Code of the State of
California, a purchasing system is deemed necessary.
Section 3.02: Purchasing System 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 governing Board of Directors in the adoption
of this Resolution. Full compliance with the provisions of all Articles in this Resolution is
required.
Section 3.03: Purchasing Division Delegated 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 establishment of rules, procedures and administrative policies relative
thereto. The Director of Finance may delegate or assign any or all of the following
duties to the Contracts/Purchasing Manager:
A. To purchase or contract for supplies, services, materials, and
equipment required by any Department or Division, in accordance with purchasing
procedures prescribed by this Resolution; such administrative regulations as
Purchasing shall adopt for the internal management and operation of Purchasing; and
such other rules and regulations as shall be adopted by the Board of Directors.
B. To negotiate and recommend execution of contracts for the
purchase of supplies, services, materials, and equipment; for construction of public
works projects; and for the disposition of surplus property and by-products of the
sewage treatment process.
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C. To submit to General Counsel for review or approval, as necessary,
all contracts, purchase orders, and other related documents, the original executed
copies of which shall be delivered to the Board Secretary for custodianship.
D. To prepare for the District, the needed standards and
specifications of quality in supplies, services, materials, equipment, and construction at
the best cost and under the most favorable conditions, with due consideration to
delivery and other relevant factors.
E. To discourage uniform bidding and endeavor to obtain as full and
open competition as possible on all purchases and sales.
F. To prepare rules, regulations, procedures, and administrative
policies, and revisions thereto, governing the purchase of supplies, services, materials,
and equipment; for the letting of public works construction contracts in accordance with
the provisions of state law; and disposition of surplus property and by-products.
G. To prepare rules, regulations, procedures, and administrative
policies, and revisions thereto, governing the warehousing of inventories.
H. To keep informed of current developments in the field of
purchasing, including but not limited to prices, market conditions and new products.
I. To prescribe and maintain such forms as reasonably necessary to
the implementation of this Resolution and other rules and regulations of the District.
J. To develop specifications to establish minimum standards for all
purchases.
K. To supervise the inspection of all supplies, services, materials, and
equipment purchases to insure conformance with specifications.
L. To provide for transfer of surplus or unused supplies and
equipment between Departments, as needed.
M. To have custodianship and control of all inventories and surplus
property.
N. To maintain a bidders' list, vendors' catalog file, and records
needed for efficient operation of the Purchasing Division.
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O. To review, approve, and maintain active insurance documents for
all District procurements.
P. To undertake such other and future duties as, in the Director's
discretion, are incidental and necessary to the conduct of the Division.
Q. To revise all records to reflect the sale, transfer, or reorganization
of a supplier's business, or a change in the supplier's name for doing business, so long
as all other terms and conditions of the original agreement remain the same. In such
event of an assignment of the purchase order or contract by the supplier, the District
shall not be bound until it has given its consent in writing, which consent shall not be
unreasonably withheld. An amendment to the original agreement shall be prepared
authorizing and consenting to the assignment and shall be executed by the General
Manager, or his designee, on the District's behalf.
Section 3.04: Requisitions. All employees of the District who need or
require supplies, services, materials, or equipment to carry out the defined duties of
their positions, shall submit requisitions, 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 the District's
procurement cards shall be exempt from this requirement.
Section 3.05: Cooperative Procurement.
A. The District, through Purchasing, may participate in or sponsor,
conduct and/or administer a Cooperative Procurement Agreement for the acquisition of
procured items or services with any other public agency purchasing unit, in accordance
with an agreement between the District and the other public agency.
B. The District, through Purchasing, may sell to, acquire from, or use
any property belonging to another public agency, including the cooperative use of
supplies or services.
C. Participation in the County of Orange Cooperative Purchasing
Program has been expressly authorized by adoption of Board of Directors Resolution
No. OCSD 98-22.
Section 3.06: Purchases: Bidding Requirements. Except as hereinafter
provided, purchasing of supplies, services, materials, or equipment shall be by bid
procedures as set forth in this Article III, when the purchase is estimated to have a
value greater than Five Thousand ($5,000.00) Dollars; the commodities or services
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may be obtained from more than one vendor; or are not standardized as to price; and
no emergency exists.
Section 3.07: 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 the Districts, or when purchases are
immediately necessary for the preservation of life or property, or to avoid a threat to the
public health or safety, the Division may purchase supplies, services, materials, or
equipment required for immediate use, in an amount greater than One Hundred
Thousand $100,000.00) Dollars without observing the procedures set forth in this
Resolution. The General Manager or his designee shall advise the District Chair and/or
Vice Chair, as appropriate, of the action taken, and such action shall be ratified by the
Board of Directors at its next regular meeting.
Section 3.08: Purchases: Standardized Prices and Specialized Services.
In the purchases of supplies, services, materials, or equipment in which the items to be
purchased have a demonstrated uniformity in price, or it is determined that there is a
sole source, or the provider of services is determined to be uniquely qualified to perform
specialized services, Purchasing may make such purchases without observing the
bidding procedures of Section 3.12 below.
Section 3.09: Purchase Orders. Purchases of all supplies, services,
materials, or equipment shall be made by purchase order and may also require a formal
written contract, when determined necessary or appropriate by the
Contracts/Purchasing Manager. To ensure that all policies and procedures governing
purchase orders and contracts are followed, all contracts or purchase orders will be
executed by the Contracts/Purchasing Manager, or as delegated by the
Contracts/Purchasing Manager. Purchasing and employees requisitioning supplies
and equipment shall be responsible that purchase orders and requisitions are in
conformity with the spirit and intent of this Resolution and that no purchase has been
broken into smaller units to evade any requirement of this Resolution. Purchasing shall
retain, in its files, one copy of all purchase orders issued during two (2) years
preceding, on which copy of the purchase order, there shall be a list of bidders and
prices bid for the materials or equipment purchased, or if no bids or quotations were
taken or received, a full statement as to the reason therefor.
Section 3.10: Purchases: Encumbrances of Funds. Except in cases of
emergency, no purchase order shall be issued for any supplies, services, materials, or
equipment, unless there exists an unencumbered appropriation balance in the fund
against which said purchase is to be charged.
Section 3.11: Blanket Purchase Orders. The Purchasing Division may
issue annual blanket purchase orders for recurring purchases of miscellaneous supplies
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that:
A. Because of economic considerations, the items are not carried in
stock in the District's warehouse;
B. Are stock items that have been designated as appropriate sole
source acquisitions;
C. Purchasing determines it is in the best interests of the District to
competitively bid a blanket order for inventory items; or
D. Are for miscellaneous supplies, services, materials and equipment
where such purchase of supplies, services, materials, and equipment may be procured
from a single vendor during the budget year, without observing the procedures
prescribed in Section 3.12 below, when, in its discretion, it is determined that such
blanket purchase orders are at a cost favorable to the District and will result in more
efficient procurement of such items. Blanket purchase orders shall be in conformity
with the spirit and intent of this Resolution. The Purchasing Division shall, at the
beginning of each budget year, file a list of such purchase orders and the estimated
annual amount with the Director of Finance.
Section 3.12: Bidding Procedure: Purchases Greater Than $50,000.00.
A. Award to Lowest Bidder. Except as otherwise provided in this
Article III, purchases of supplies, services, materials, and equipment of estimated value
greater than Fifty Thousand ($50,000.00) Dollars shall be by written contract or
purchase order with the lowest responsive and responsible bidder (unless a Request for
Proposal ("RFP") solicitation instrument is utilized), pursuant to the procedures
prescribed herein.
B. Award Approval. Purchases of supplies, services, materials, and
equipment that have appropriate budgetary approvals shall be bid and awarded directly
by the Contracts/Purchasing Manager, or as delegated by the Contracts/Purchasing
Manager. Supplies, services, materials, and equipment that exceed the budgeted
amount, or effect policy recommendations or ratifications, or are sole source contracts
exceeding $100,000.00, and all public works contracts, shall require Board of Directors'
approval prior to issuance or award of a purchase order or contract.
C. Notice Inviting Bids. The notice inviting bids shall include a general
description of the articles or services to be purchased or sold, shall state where bid
forms and specifications may be secured, and the time and place for opening bids.
Published Notice. The notice inviting bids shall set a date
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for the opening of bids. The notice shall be published one (1) time at least ten
(10) days before the date for the opening of the bids. Notice shall be published
in a newspaper of general circulation, printed and published within the District's
jurisdiction, or by electronic bulletin board procedures designed to reach the
industry or market of supply.
2. Bidders List. Purchasing may also solicit sealed bids, or
receive bids electronically, from all qualified, responsible prospective suppliers
whose names are on the Bidders List maintained by the District, or who have
requested their names to be added thereto.
3. Bulletin Boards. Purchasing may also advertise pending
purchases or sales by a notice posted on a public bulletin board in the
Purchasing Division Office, and by electronic bulletin board, as deemed
appropriate by the Contracts/Purchasing Manager.
D. Bidder's Security. When deemed necessary by Purchasing,
bidder's security may be prescribed in the contract specifications or in the public notice
inviting bids. Bidders shall be entitled to the return of bid security upon the full
execution of an awarded contract or issuance of a purchase order, by the successful
bidder. A successful bidder shall forfeit his bid security upon refusal or failure to
execute the contract within the prescribed time after the notice of award of contract has
been delivered to bidder, unless the District is responsible for a delay in the prescribed
time. The Board of Directors may, on refusal or failure of the successful bidder to
execute the contract, award it to the next lowest responsive, responsible bidder. If the
Board of Directors awards the contract to the next lowest bidder, an amount of the
lowest bidder's security equal to the difference between the low bid and the awarded
bid, shall be forfeited to the District, and the surplus, if any, shall be returned to the
lowest bidder.
E. Bid 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 public by the Contracts/Purchasing Manager, or his
designated representative, at the time and place stated in the public notices. A
tabulation of all bids received shall be open for public inspection during regular
business hours for a period of not less than thirty (30) calendar days after the bid
opening. In cases wherein the Request for Proposal ("RFP") instrument is utilized, all
RFP's will be opened, and only the name of the Proposer shall be read aloud at the
time and place set forth herein.
F. Rejection of Bids. In its discretion, the Board of Directors may
reject any and all bids presented and readvertise for bids. If all bids are rejected, the
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Board of Directors, by majority vote, may declare that the materials or supplies may be
acquired at a lower cost by negotiation in the open market and authorize the purchase
in that manner.
G. Tie Bids. If two or more bids received are for the same total
amount or unit price, (with quality and service being equal), and if the public interest will
not be best served by a delay of readvertising for bids, the Board of Directors may
accept the one it chooses or accept the lowest bid made by negotiation with the tie
bidders at the time of the award.
H. _Performance Bonds. Purchasing shall have authority to require a
faithful performance bond, a labor and materials bond and/or a warranty bond, before
entering into a contract in an amount as it shall find reasonably necessary to protect the
best interests of the District. If the Purchasing Division requires any of these bonds, the
form and amount of the bond shall be described in the notice inviting bids and in the
contract specifications.
Section 3.13: Purchases between $50,000.00 and $100,000.00.
Notwithstanding the provisions of Subsections 3.12(A) through 3.12(H) above,
Purchasing may award a contract to purchase supplies, services, materials, or
equipment in an amount greater than Fifty Thousand ($50,000.00) and less than One
Hundred Thousand ($100,000.00) Dollars, without obtaining bids and following the
procedures set forth above when the Contracts/Purchasing Manager determines that:
A. By purchasing immediately, it can avoid an imminent price increase
or realize a substantial price discount that is available on a short term basis only; or
B. It can obtain supply, services, materials, or equipment immediately
that might not otherwise be available at such time as purchasing procedures could be
completed; or
C. Said contract for supplies, services, materials, or equipment has
Board of Directors' approval for multiple one (1) year renewal periods. All such contract
renewals shall require the Contracts Administrator/Purchasing Manager approval; or
D. The supplies, services, materials, or equipment are only available
from a sole source.
E. Whenever an emergency arises which is, or may cause a threat to
the continued required operations of the treatment plants, or when purchases are
immediately necessary for preservation of life or property, or to avoid a threat to the
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public health or safety.
All purchases between $50,000.00 and $100,000.00 shall be reviewed and pre -
approved by the General Manager and reported to the Board of Directors on a quarterly
basis.
Section 3.14: Bidding Procedure: Purchases Less Than $50,000.00.
Purchases of supplies, services, materials, or equipment, of an estimated value in the
amount of Fifty Thousand ($50,000.00) Dollars or less on which bidding is not required
by state law, may be made by Purchasing in the open market without observing the
same procedures as prescribed by Section 3.12 above. The procedures to be used for
these purchases are as follows:
A. Minimum Number of Bids. Open market purchase shall, whenever
possible, be based on at least three (3) bids and shall be awarded to the lowest
responsive and responsible bidder, and shall be by written contract or purchase order.
B. Solicitation of Bids. Bids shall be solicited by written requests to
prospective vendors or purchasers and/or by telephone, facsimile transmission,
electronic bulletin board, and/or by public notice posted on a public bulletin board in the
Purchasing Division Offices.
C. Receipt of Bids. Bids shall be submitted to Purchasing, which shall
keep a public record of all open market orders and bids for a period of two (2) years
after the submission of bids or the placing of orders.
D. Exceptions. Purchasing may purchase supplies, services,
materials, or equipment without observing the procedures prescribed in Subparagraphs
A, B, and C above, if supplies, services, materials, or equipment are only available from
a sole source. All such purchases shall be approved by the Director of Finance, the
requesting Department Head, and the Contracts/ Purchasing Manager.
Section 3.15. Bidding Procedure: Purchases Less Than $5,000.00.
Purchasing may purchase supplies, services, materials, or equipment of a value in the
amount of Five Thousand ($5,000.00) Dollars or less per purchase order, without
observing the procedures prescribed in this Section when, in the Contracts/Purchasing
Manager's discretion, it is determined that observing such procedures would not result
in a lower overall cost to the District. Record of such decision shall be fully stated in the
purchase order file as to the reason therefor.
Section 3.16: Inspection and Testing. The supplies, services, materials,
and equipment delivered, and contractual services performed, shall be inspected to
determine their conformance with the specifications set forth in the purchase order or
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contract. Purchasing shall have authority to request professional services, or to require
chemical and physical tests of samples submitted with bids and samples of deliveries
which are necessary to determine their quality and conformance with specifications.
Section 3.17: Purchases: Negotiated Contracts. Notwithstanding other
provisions of this Resolution, the Board of Directors may, when it appears in the best
interests of the District, authorize the Staff to negotiate and award a contract for
purchase of supplies, services, materials and equipment without observing the
procedures prescribed in Sections 3.12 and 3.14 above.
A. When such authorization has been granted for purchase of
supplies, services, materials, and equipment of an estimated value in the amount of
One Hundred Thousand ($100,000.00) Dollars or greater, the Staff shall obtain the
concurrence of the District Chair and/or Vice Chair, as appropriate, prior to awarding
such purchase.
B. Whenever any contract for supplies, services, materials, or
equipment has been entered into between the District and a person or entity providing
such supplies, services, materials, or equipment, and Purchasing determines that it is in
the best interest of the District to continue said contract with such person or entity,
Purchasing may, in its discretion, negotiate an extension of such contract without
observing the bidding procedures prescribed in Sections 3.12 and 3.14 above;
provided, the contract contains provisions for subsequent extension periods; has been
approved and awarded by the Board of Directors; and/or has prior budget approval, as
provided in Section 3.12.
C. This Section shall not apply to the letting of public works
construction contracts in excess of Thirty -Five Thousand ($35,000.00) Dollars. Said
contracts shall be governed by the provisions set forth in Article V of this Resolution.
Section 3.18: Surplus Supplies, Materials, and E ui ment. 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 worn out.
Purchasing shall have authority, as deemed appropriate by the Contracts/Purchasing
Manager, to sell, exchange for, or trade in on new supplies, materials, and equipment,
or dispose or, as deemed appropriate, all supplies, materials, and equipment which
cannot be used by any other Department or Division, or which have become unsuitable
for District's use.
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Section 3.19-- Sale of Real Property. No real property of the District may
be sold, or any negotiations leading to such sale may be made, without prior approval
of the Board of Directors.
Section 3.20: Recordkee in : A record of all sales or surplus property and
by-products shall also be maintained by Purchasing upon or in which is maintained the
record of the bids received for the property or by-products sold, or if bids were not taken
or received, a full explanation thereof. Such records shall be maintained for two (2)
years after the sale.
ARTICLE IV
PROFESSIONAL SERVICES AGREEMENTS
Section 4.01: Purpose and Scope. The Orange County Sanitation District,
in the interest of uniformity, fairness and cost effectiveness desires to establish policies
and procedures for the selection and procurement of professional engineering,
architectural, environmental, land surveying and construction management services.
Section 4.02: Retention of Professional Technical Consultants. This
Resolution establishes a procedure to be followed in the selection and retention of
Professional Technical Consultants in the areas of engineering, architecture,
environmental, land surveying, construction management services and related services.
Professional Technical Consultants are those individuals or firms providing
engineering, architectural, environmental or land surveying services which are those
professional services associated with research, development, design and construction,
alteration, or repair of real property, as well as incidental services that members of
these professions and those in their employ may logically or justifiably perform,
including studies, investigations, surveys, evaluations, consultations, planning,
programming, conceptual designs, plans and specifications, cost estimates,
inspections, shop drawing reviews, sample recommendations, preparation of operation
and maintenance manuals, and other related services. Services for product testing are
excluded.
It is recognized that no two individuals or firms have equal skills, training, or
experience and that the qualities of such persons vary. Accordingly, Professional
Technical Consultants shall be selected based upon the District's discretion and opinion
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as to which particular consultant is best qualified to perform the work (hereinafter
referred to as "projects") in question.
For purposes of this Resolution, "firm" shall mean any individual, firm,
partnership, corporation, association, or other legal entity permitted by law to practice
the profession of architecture, engineering, environmental services, land surveying, or
construction project management. Evaluation and selection of a consultant firm will
include but not be limited to the following:
A. The firm shall be of high ethical and professional standing, its
members being of good moral character, and it shall be prepared to submit references
from persons of known repute.
B. The principal and other responsible members of the firm must be
registered in the State of California, as required by law.
C. A principal member of the firm's staff must have at least ten years'
recent experience in responsible charge of work of the type involved in the project.
D. At least two additional members of the firm's staff must have at
least five years' experience in responsible charge in the field, or fields, required by the
project.
E. The firm shall be capable of performing the work within the
prescribed time limitations considering the current and planned work loads of the firm.
F. If all other factors are equal, preference shall be given to a local
based firm when more than one firm is being considered.
G. If the project is funded, either in whole or in part, by federal funds
that require, as a condition of establishing or maintaining eligibility for federal funds, that
firms working on the project maintain an affirmative action employment program, then
the firm selected for the project must certify to having such a program.
The District also recognizes that the scope of services and the qualifications of
consultants can differ significantly between major capital facilities projects and small
capital projects. The criteria set forth in Paragraphs C and D above may be waived by
District for small capital projects.
The procedures set forth in this Resolution shall govern the retention of such
professional consultants.
Section 4.01 Small Capital Project: Defined. "Small capital project" is
defined as a miscellaneous capital improvement or facility modification, replacement, or
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repair project, related to plant safety, reliability and efficiency enhancements where
professional consulting services are estimated to be in an amount not to exceed
$50,000.00 for each project.
Section 4.04: Small Capital Project: Approval of Plans and Specifications.
The Board of Directors delegates to the Director of Engineering, as Professional
Registered Engineer, the authority to approve the design, plans, and specifications for
construction of new or modified District facilities that is deemed a small capital project,
as defined in Section 4.03 above.
Section 4.05: Small Capital Project: Annual Budget Approval. Upon
approval by the Board of Directors of an annual budget, the District's Staff shall be
authorized to solicit contract proposals from professional engineering, architectural,
environmental, land surveying and construction management firms to perform the
required services for the approved small capital projects, as defined and prescribed
herein.
Section 4.06: Small Capital Project: Selection of Consultants — Procedure.
A. District's staff shall compile a master pre -approved list of 5-10 firms
having the required expertise to perform the required professional service for a small
project. The master list of firms will be selected based upon a solicitation, review of
qualifications, and Board approval. The original term of the agreement shall be for one
(1) year. Thereafter, the Department Director shall be authorized to recommend to the
General Manager, an extension of the professional consulting services agreement for
up to two (2) additional one (1)-year renewal periods, for a total of three (3) years, with
each of the parties designated on the approved master list. The professional consulting
services agreement for each party on the master list shall be forwarded to the
purchasing office. The Engineering Department Staff shall prepare the appropriate
requisition documentation to insure future payment to the consultant.
B. As a need for an individual specific project arises, the District will
implement the Agreement by issuing a task order identifying the specific project by
name and number and including the approved scope of work required of the consultant
for the project. The scope of work for any individual task order, shall not entail a cost in
excess of $50,000.00. There is a maximum annual limitation of $200,000.00 for each
individual consultant purchase order under the provisions of this Section 4.06.
C. The Department Director shall first obtain at least two (2) price
proposals from consultants before the task order is awarded to a consultant. This
requirement may be waived at the discretion of the Department Director where a
determination is made that the subject work is unique such that only one (1) consultant
is available to perform the work, or where significant time constraints or emergency
conditions dictate that one (1) consultant be solicited for a price proposal. The
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Department Director, or his designee, shall review the proposals specifically addressing
cost and ability to meet District schedule requirements. Based on the evaluations, the
Department Director is authorized to award the task order.
D. Once the consultant is selected for the award of a small capital
project and the task order is executed by the District, the Department Director shall
issue the notice to proceed.
E. Addenda to a particular task order shall be approved by the
General Manager. However, the amount for each addendum may not exceed
$50,000.00, and the cumulative total for all addenda may not exceed $50,000.00. The
Department Director shall issue the task order addendum in letter form.
Section 4.07: Major and Minor Ca ital Projects: Defined. "Major capital
project" means the construction, repair, modification, or rehabilitation of the District's
Capital Facilities, including treatment plants, trunk sewers, pump stations, ocean outfall,
administrative and support facilities, and other facilities related to District operations,
where the cost of professional technical consulting services are estimated to be in an
amount in excess of $50,000.00 for any project. These projects may require Selection
Committee or Board approvals.
Specialty -item capital projects are defined as projects other than Small Capital
Projects, as defined in Sections 4.03 through 4.06, inclusive, where the cost of
professional technical consulting services are estimated to be in an amount more than
$50,000.00, and less than or equal to $100,000.00 and require only General Manager
approval. Requirements for Scope of Work, Proposal, Procurement and Negotiation
Agreement Continuation of Services, Agreement of Services, and Conflict of Interest
apply for both Major Capital Projects and Specialty -Item Capital Projects, with
difference only in authorization levels.
Section 4.08: Major Capital Project: Scope of Work.
A. For every project approved by the Board of Directors and for which
outside services are required, the District staff shall develop a comprehensive scope of
work.
B. The scope shall define the extent of the services and the time
required.
Section 4.09: Major Capital Project: Selection of Consultants - Procedure.
For the employment of any professional consulting services for major capital projects,
the following procedures shall apply:
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A. Proposals - Notice Requesting. Staff shall prepare a Request for
Proposal ("RFP") or a Request for Qualifications ("RFQ") for the scope of work which
shall include a request for the firm's qualifications, personnel capability, demonstration
of firm's capabilities, identification of personnel assigned to the project, estimate of
number of hours for each aspect of the project, fee proposals and conflict of interest
disclaimer. The Request for Qualifications' process may be used, at Staffs discretion,
to narrow the field of firms submitting proposals on the project.
District shall maintain a comprehensive list of professional
consultants' demonstrated competence. Notice shall be mailed to all firms requesting
notice of any RFP or RFQ issued by the District. Optionally, notice may be given by
publication in professional journals or publications of general circulation.
B. Staff Screening Committee. A screening committee of at least two
(2) staff members as chosen by the Department Director shall review all submitted
proposals and prepare a recommendation for selection of the best qualified consultant
to the Selection Committee, as described in Paragraph D below.
C. Proposals - Contents. Proposals submitted shall:
1. Acknowledge the scope of the project and extent of the
services required.
2. Include a description of the firm's qualifications for
performing the proposed work.
3. In the case of a proposal for construction management
services, each firm shall provide evidence that its personnel that will carry out
on -site responsibilities have expertise and experience in construction project
design review and evaluation, construction mobilization and supervision, bid
evaluation, project scheduling, cost -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.
6. Identify the specific key personnel to be assigned to the
project.
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7. Provide an estimate of the number of hours involved in each
aspect of the scope of work for such personnel.
8. Be accompanied by a sealed fee proposal estimate which
shall not be opened until the firm is selected as being qualified. Thereafter, it
shall be the basis, for procurement negotiations. The form of the fee proposal
shall be as described in Subsections F2 and F3 below.
9. Contain a conflict of interest disclaimer.
10. Provide any other information required to properly evaluate
the firm's qualifications and familiarity with the types of problems applicable to
the project.
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D. Selection Committee - Membership.
1. The members of the Board of Directors Standing Committee
principally responsible for the project and contract under consideration for
approval shall constitute the Selection Committee for District projects.
2. At the discretion of the District Chair, additional Directors may
be appointed to the Committee to assist in the consideration of proposals for
specific projects.
E. Review of Proposals by Staff Committee and Selection Committee.
1. The Staff Committee shall review each proposal and the
qualifications of each firm with due consideration of office location, reputation in
the professional community, experience, both generally and specifically on
similar -type projects, the project approach, understanding of the scope of work,
financial standing, number of qualified personnel and their availability for the
project, quality of references, work load and other factors relevant to the project
being considered.
2. The Staff Committee, upon completion of their evaluation of
all proposals, shall determine those firms deemed to be fully qualified to provide
the services sought by the District based on their demonstrated competence and
qualifications.
3. The Staff Committee, upon making a determination of the
fully qualified firms, shall rank the firms considered, in order of preference, based
upon the qualification of each, as described in Subparagraph E(1) above.
Thereafter the Committee shall open the sealed fee proposal of the qualified
firms. Based upon the fee proposal, the committee may recommend to the
Selection Committee or the Board of Directors an individual or firm for award of
the contract. The recommended individual or firm can be ranked lower than
firms with higher fee proposals.
4. The Selection Committee shall receive and review the
recommendation of the Staff Committee and either award or recommend to the
Board of Directors, either the approval or disapproval of the Staff
recommendation to award a contract, as authorized in Section 4.10 below.
F. Procurement and Negotiation of Agreement. To determine the firm
to be selected and the compensation for the services sought, the following procedures
will be strictly adhered to:
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1. The Staff Committee will, at its discretion, invite the firm that
is considered to be the best qualified to appear before the Staff Committee.
2. The proposal for fees associated with the services as
submitted by the selected firm shall be presented in sufficient detail to enable the
Staff Committee to adequately ascertain the level of effort associated with the
scope of work and to determine whether the firm has thoroughly identified the
efforts associated with the services and thoroughly understands the work
required.
3. The basis of the fee shall be: Cost plus a fixed fee with a
maximum amount, a per diem rate(s) with a maximum amount, or a lump sum
(fixed) fee.
4. If it is the decision of the Staff Committee to use methods for
compensation other than the lump sum or cost plus a fixed fee with a maximum,
or the per diem rates with a maximum, justifications for this decision shall be
made by the Staff Committee in its recommendation to the Selection Committee
and the Board of Directors.
5. The Staff Committee shall review the compensation
requested by the firm which shall be compared with the maximum fee as
previously established.
6. The final negotiated fee, as recommended to the Selection
Committee and Board of Directors, shall be certified by the Staff Committee as
reasonable for the services requested and not resulting in excessive profits for
the firm.
7. If agreement is not reached, the negotiations should be
terminated and similar interviews should then follow with the next -ranked firm.
8. All such negotiations shall be on a strictly confidential basis,
and in no case shall the compensation discussed with one firm be discussed with
another.
G. Continuation of Services.
1. In some instances where a qualified firm has satisfactorily
completed one phase in the development of a project and the Board determines
that it is in the best interests of the District to retain the same firm for subsequent
phases of related work, the Staff Committee or the Selection Committee may be
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authorized to proceed directly with negotiations with that firm for the additional
work.
2. Continuation of services may arise when a firm has
completed a feasibility report or a preliminary engineering report and the services
for said work are satisfactory to the Board and the procedure of examining other
firms for subsequent phases is not deemed necessary or cost effective.
3. In the event that satisfactory negotiations for price cannot be
concluded under these circumstances, negotiations should be terminated and
the provisions set forth hereinabove for selection of a firm would apply.
H. Specialized Services.
1. In the event that specialized services are required where it is
determined that only one qualified firm can best perform the services for a
specific project for professional fees estimated to be in an amount greater than
$50,000.00, the Staff Committee will report to the Selection Committee said
findings and request authority to negotiate directly with the particular specialized
firm.
2. The basis of selection of the specialized firm or individual
under Subparagraph H(1) above, along with the negotiated fee, shall be
presented to the Board of Directors for consideration.
Agreement for Services.
1. Upon approval by the Board of a negotiated agreement for
professional services, a contract shall be executed in a form approved by the
General Counsel.
2. The contract shall include, but not be limited to the following
terms:
(a) A statement of the scope of the project.
(b) The basis and individual elements of the fees.
(c) The basis for payment to the firm.
(d) The time limits in which the services must be performed.
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(e) Provisions for fee adjustments should there be changes
in the scope of work.
(f) If it is determined by the Selection Committee that the
District may be caused to incur a penalty or liability, or suffer a loss
because of the failure of the firm to perform the work within specified time
limits, the contract shall include a clause setting forth penalties for such
nonperformance or delayed performance, in amounts to be determined by
the Committee.
(g) For projects exceeding $50,000.00 in fees or in other
cases as determined by the District, errors and omissions insurance in an
amount recommended by the General Counsel (based upon engineering
data from the Department Director) shall be required, unless the Standing
Committee or Board of Directors, as the case may be, waives said
insurance.
For projects that involve small engineering studies where a
consultant is asked to provide a report not related or leading directly to a
design project, the General Manager (based upon engineering data from
the Department Director), in his discretion, may waive the requirement for
the consultant to provide errors and omissions/professional liability
insurance.
J. Conflict of Interest.
1. The District maintains a Conflict of Interest Code, pursuant
to California Government Code Section 87100 et seq., which governs the
activities and performance of duties of its officers, employees, or agents in the
conduct of project work for the District.
2. No Director, officer, employee or agent shall solicit or accept
rebates, kickbacks, favors or other unlawful consideration from any individual or
firm on behalf of any firm that may be potentially selected as a qualified firm to
provide professional consulting services to the District. Acceptance of food and
refreshments of nominal value on infrequent occasions and acceptance of
gratuities or gifts shall not be deemed a violation of this provision, provided that if
said items exceed $290.00, or the amount as fixed by Government Code Section
89503, or California Code of Regulations, Title 2, Section 18940.1, in a calendar
year, the Director, officer, employee or agent may be disqualified from
participating in the decision pursuant to Article III of the District's Conflict of
Interest Code; and provided further, that any Director, officer, employee or agent,
as a designated employee under the District's Conflict of Interest Code, shall
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report any amount of gifts on his/her annual Statement of Economic Interest as
required by said Code.
3. Any firm seeking selection under these procedures that
violates the District's Conflict of Interest Code shall be automatically disqualified.
Section 4.10: Major Capital Project: Award of Professional Services
AAc reements.
A. Primary Agreement. The award and execution of an agreement for
professional consulting services on behalf of the District shall be made in accordance
with the following delegations of authority.
Authorizin Authori Authorized Action
1. Department Heads Solicitation of Requests for
Qualifications ("RFQ") and Requests for
Proposals (RIFF).
2. General Manager Authorization to evaluate proposals and
to execute contracts up to $100,000.
3. OMTS, PDC, or FAHR Receive recommendations of Staff and
Committee (or Standing General Manager, and approve Profes-
(Committees) sional Services Agreements of over
$100,000.00 up to $200,000.00.
4. Board of Directors Receive recommendations of Staff,
General Manager and Committee, and
approve Professional Services
Agreements for over $200,000.00.
B. Primary Agreement - Addenda. The award and execution of an
addendum to an agreement for professional consulting services on behalf of the District
shall be made in accordance with the following:
Authorizing Authority Authorized Action
1. Department Head
2. General Manager
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Authority to negotiate addenda and make
recommendation to General Manager.
Receive recommendation of
Department Head and approve contract
changes in an amount up to
$100,000.00 per addendum. The total
additive value of all addenda shall not
exceed $100,000.00.
3. OMTS, PDC, or FAHR
Receive recommendations of Staff and
Committee (or Standing
General Manager, and approve contract
Committee)
changes between $100,000.00 and
$200,000.00. The total additive value of
all addenda shall not exceed
$200,000.00.
4. Board of Directors
Receive recommendations of Staff,
General Manager and Committee and
approve contract changes in amounts
over $200,000.00 for each change order
and cumulatively for the agreement.
Section 4.11: Major Capital Project: Approval of Plans and Specifications.
The procedure and authority for the approval of the design plans and specifications for
construction of new or modified District's major capital projects is as follows:
A. For any project with approved budget authority, the Director of
Engineering is authorized to advertise for construction bids, set a bid date, and receive
all bids.
B. For any project, if the engineer's estimate for the construction
contract, as provided by the Director of Engineering or the District's consulting design
engineer is equal to or less than the approved construction budget for the project, the
Director of Engineering may advertise for bids, and upon receipt, the lowest responsive
bid of a responsible bidder will be submitted to the Board of Directors for approval.
C. For any project, if the engineer's estimate for the construction
contract, as provided by the Director of Engineering or the District's consulting design
engineer, is greater than the approved construction budget for the project, the Director
of Engineering shall submit the project to the Standing Committee for recommendation,
and based thereon, to the Board of Directors for approval.
D. For any project, upon receipt of bids for the construction, if the
lowest responsive bid of a responsible bidder is equal to or less than the approved
construction budget for the project, the bid will be submitted to the Board of Directors.
The Board of Directors, upon receipt of the bid, shall approve the plans and
specifications of the project and may award a contract.
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E. For any project, upon receipt of bids for the construction, if the
lowest responsive bid of a responsible bidder is greater than the approved construction
budget for the project, Staff shall present the bid and a recommendation to the Standing
Committee for review and recommendation to the Board of Directors.
ARTICLE V
PUBLIC WORKS CONSTRUCTION CONTRACTS
Section 5.01_ Purpose and Scope. Public works contracts are herein
defined as contracts with duly licensed contractors in the State of California for the
furnishing of labor, materials, equipment and permits, as deemed necessary, for the
erection, construction, alteration, repair, or improvement of wastewater collection,
treatment and disposal facilities, and any other public building, structure or
improvement necessary to the operation of the District, in an amount greater than
Thirty -Five Thousand ($35,000.00) Dollars, as per California Public Contracts Code
Sections 20783 et seq.
Section 5.02: Public Works: Bidding Required. When the expenditure
required for a public works construction project exceeds Thirty -Five Thousand
($35,000.00) Dollars, it shall be contracted for and let to the lowest responsible bidder,
in accordance with the provisions of California Public Contracts Code Section 20783.
Section 5.03: Bidding Procedure: Public Works Construction Greater Than
$35,000.00. Procedures for soliciting bids and awarding contracts for public works
projects for more than Thirty -Five Thousand ($35,000.00) Dollars, shall be by written
contract with the lowest responsible bidder, pursuant to the procedures prescribed
herein and in accordance with applicable provisions of California Public Contracts
Code Section 20783.
A. Notice Inviting Bids. The Notice Inviting Bids shall specifically
describe the work to be performed, shall state where bid forms, Specifications, and
General and Special Provisions may be secured, and the time and place for receiving
and opening sealed bids.
1. Published Notice. The Notice Inviting Bids shall set a date
for the opening of bids. The first publication or posting of the Notice shall be at
least ten (10) calendar days before the date for the opening of the bids. The
Notice shall be published at least two (2) times, not less than five (5) days apart,
in a newspaper of general circulation, printed and published within the District.
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2. Mailed Notice. Unless the work to be done is proprietary,
the Notice Inviting Bids shall be published in a public newspaper which carries
Orange County public works bid notices, not less than twenty-one (21) calendar
days before the date of opening of bids.
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3. Bidders List. The Engineering Department may also solicit
sealed bids from all qualified, responsible, prospective suppliers whose names
are on a Bidders List that may be maintained by District.
B. Bidder's Securit . When deemed necessary by the Purchasing
Division, bidder's security may be prescribed in the contract Specifications and in the
public Notice Inviting Bids. Bidders shall be entitled to return of bid security, upon full
execution by the successful bidder of an awarded contract by the District. A successful
bidder shall forfeit its bid security upon refusal or failure to execute the contract within
the prescribed time after the Notice of Award of Contract has been delivered to the
bidder, unless the District is responsible for the delay in the prescribed time. The Board
of Directors may, on refusal or failure of the successful bidder to execute the contract,
award it to the next lowest responsive, responsible bidder. If the Board of Directors
awards the contract to the next lowest bidder, an amount of the lowest bidder's security
equal to the difference in an amount between the low bid and the awarded bid, shall be
forfeited to the District, and the surplus, if any, shall be returned to the lowest bidder.
C. Bid Opening Procedure. Sealed bids shall be submitted to the
Director of Engineering or Contracts/Purchasing Manager, or their designees, and
Secretary of the Board of Directors, and shall be identified as a bid, on the envelope.
Bids shall be opened by the Director of Engineering or Contracts/Purchasing Manager,
or their designee, in public, at the time and place stated in the public notice. A
tabulation of all bids received shall be open for public inspection during regular
business hours for a period of not less than thirty (30) calendar days after the bid
opening.
D. Rejection of Bids. In its discretion, the Board of Directors may
reject any and all bids presented and readvertise for bids. If, after the opening of bids,
all bids are rejected, the Board of Directors, on a Resolution adopted by a four -fifths
(4/5) vote, may declare that the work can be performed more economically by force
account, or the materials or supplies furnished at a lower price in the open market and
may have the work done in a manner stated in the Resolution in order to take
advantage of this lower cost.
E. Tie Bids. If two or more bids received are for the same total
amount or unit price (with quality and service being equal) and if the public interest will
not be best served by a delay or readvertising for bids, the Board of Directors may
accept the one it chooses, or accept the lowest bid made by negotiation with the tie
bidders at the time of the award.
F. No Bids. If no bids are received, the District may have the work
done by force account; may readvertise for bids pursuant to the procedures herein; or
may select a contractor by negotiation.
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G. Emergencies. Whenever an emergency arises which is, or may be,
a threat to the continued operation of the wastewater facilities, support facilities and/or
administrative facilities operated by the District, a contract for the repair or replacement
of the public facility may be ordered by the General Manager without complying with the
provisions of this Resolution or the California Public Contracts Code. This authority is
hereby delegated to the General Manager, or his designee, by the Board of Directors
pursuant to the authority of California Public Contracts Code Section 22050. In such
event, the General Manager shall advise the District Chair and/or Vice Chair, as
appropriate, of the action taken, and such action shall be confirmed by a four -fifths (4/5)
vote of the Board of Directors at its next regular meeting.
H. Surety Bonds. The Purchasing Division shall require a Faithful
Performance Bond and a Labor and Materials Bond. A Warranty Bond may be required
before entering into a contract in an amount up to one hundred (100%) percent of the
amount of the contract, as it shall find reasonably necessary to protect the best
interests of the District. The form and amount of the bond shall be described in the
Notice Inviting Bids, or in the contract Specifications.
I. Cost Records. Cost records shall be kept in the manner provided
in Sections 4000 to 4007, inclusive, of the California Government Code.
Section 5.04: Approval of Original Construction Contract Agreement and
Change Orders to Construction Agreements. The procedure and authority for the
approval of the original construction contract agreements and change orders to
construction agreements is as follows:
A. General Manager. The General Manager is authorized to approve
an original construction contract agreement in an amount not to exceed $100,000.00,
and any change order, with a total amount of the change order additions (not the net
amount of the change order), not to exceed $100,000.00, and a total cumulative
amount for all change order additions to the agreement not to exceed 5% of the original
agreement amount, or $100,000.00, whichever is less.
B. Planning, Design & Construction Committee. The Planning,
Design & Construction Committee is authorized to approve an original construction
contract agreement in an amount not to exceed $200,000.00, and any change order,
with a total amount of the change order additions (not the net amount of the change
order), not to exceed $200,000.00, and a total cumulative amount for all change order
additions to the agreement not to exceed 10% of the original agreement amount, or
$200,000.00. whichever is less.
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31
C. Management and Staff. At such time as the Staff becomes aware
of a fact or circumstance that will likely result in total additive change orders exceeding
5% percent of the original contract amount, it shall be presented to the Planning,
Design & Construction Committee at its next regular meeting for review, consideration,
and possible action.
ARTICLE VI
MEETINGS (AND RELATED TRAVEL) AND
TRAINING (AND RELATED TRAVEL) EXPENDITURES
Section 6.01: Purpose and Scope. This Article sets forth the procedures
and scope of delegated authority by which District employees are authorized to incur
expenses for budget -approved meetings and training in furtherance of District business.
Section 6.02: General.
A. Meetings or training exceeding $500.00 will be itemized, as well as
possible, in the approved budget. It is recognized that some meetings and training
cannot be preplanned.
B. All out -of -country travel (excluding Canada and Mexico) requires
approval by the Board of Directors.
C. Meetings or training requests exceeding $2,000.00 will be
approved by the Department Director.
D. Meetings or training requests less than $2,000.00 will be approved
by the Division Manager.
E. Established approvals must be received prior to arrangements for
meetings or training being made.
Section 6.03: Policies and Procedures. All policies and procedures
governing meetings and training, such as the use of District forms and justification, will
be followed.
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32
ARTICLE VII
MISCELLANEOUS
Section 7.01: Noncompliance. Any transaction failing to comply with this
Resolution in any respect is voidable in the discretion of the Board of Directors, and any
employee willfully and knowingly violating any provision of this Resolution may be
subject to disciplinary action.
Section 7.02: Severability. If any section, subsection, subdivision,
sentence, clause or phrase of this Resolution is for any reason held to be
unconstitutional or otherwise invalid, such invalidity shall not affect the validity of the
entire Resolution or any of the remaining portions thereof. The Board of Directors
hereby declares that it would have passed this Resolution, and each section,
subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact
that any one or more sections, subsections, subdivisions, sentences, clauses or
phrases be declared unconstitutional or otherwise invalid.
Section 7.03: Effective Date. This Resolution shall take effect immediately
upon adoption by the Board of Directors.
Section 7.04: Repeal of Prior Resolutions. Resolutions Nos. OCSD 98-8,
OCSD 98-12, OCSD 98-21, and OCSD 98-43 are hereby repealed in their entirety.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
. 1999.
Chair
ATTEST:
Board Secretary
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33
FAH R COMMITTEE Meeting Date To Bd. of Dir.
11/10/99 11/17/99
AGENDA REPORT Item Number Item Number
Orange County Sanitation District
FROM: Gary Streed, Director of Finance
Originator: Tom Woodruff, General Counsel
SUBJECT: PROPOSED REVISIONS TO CAPITAL FACILITIES CAPACITY CHARGE
ORDINANCE
GENERAL MANAGER'S RECOMMENDATION
Approve Ordinance No. OCSDA 1 Adopting Capital Facilities Capacity Charges and
Repealing Ordinance No. OCSD-09.
SUMMARY
Last month the Committee considered and approved some clarification to Ordinance
No. OCSD-09 which established the Capital Facilities Capacity Charge Program for
1999-2000. While General Counsel and staff were preparing those approved
clarifications for Board consideration, we discovered additional issues. These are
described in the attached memorandum from General Counsel and are highlighted in
the proposed Ordinance through strikeout and bold typefaces.
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
General Counsel will present an oral report at the meeting.
ALTERNATIVES
N/A
Nra1onWata1%vp.df MnV101cmnekFAHR%Fahr99WoMevisions to CapFacCapChrg.doc
Re„eed: WOO Page 1
CEQA FINDINGS
N/A
ATTACHMENTS
1. General Counsel Memo
2. Draft Ordinance
%VadonWamllwp.dlalfin%2101erane%FAHRTFahr99Wov1Revisions to CapFaecapChrg dw
Revised: &20W Page 2
LAW OFFICES OF
WOODRUFF, SPRADLIN & SMART
A PROFESSIONAL CORPORATION
MEMORANDUM
TO; Chair and Members of Finance, Administration
and Human Resources Committee
FROM: General Counsel
DATE: November 2, 1999
RE: Proposed Ordinance Revisions re Capital
Facilities Capacity Charges ("CFCC")
As the Directors are aware, the Board adopted its new, comprehensive CFCC
Ordinance at its meeting of July 21, 1999, following studies by Staff, Consultants, the
Rate Advisory Committee, and hearings by your Board Committees. As is so often the
case, the very best of efforts by all involved personnel often get tested, and minor errors
are discovered once it is put into practical application. Exactly that fact situation has
occurred relative to the implementation of this Ordinance, and specifically the imposition
of Supplemental CFCC. There has been a certain degree of uncertainty as to the
Board's intent relative to its application to all the existing connected dischargers, or
whether it only applied to new connecting dischargers, or only those who would be
expanding their facilities or usage.
The Staff has determined, based upon a review of all the records, that the intent
was to have existing dischargers only pay an additional CFCC at such time as they
expanded their use or facility, and increased their discharge of either flow, BOD, or
Suspended Solids ("SS"). Unfortunately, Ordinance No. OCSD-09, as presently
drafted, is not expressly specific on that point, and in order to avoid any further
confusion or disagreement in the implementation of the Ordinance, the Staff and my
office have prepared the revisions of certain provisions to more specifically address the
Board's intent, and to make it more equitable for the actual Commercial — Industrial
Users.
The proposed Ordinance provides, in summary:
1. That all new, Significant Commercial — Industrial Users ("SCIU's") will pay
a Supplemental CFCC for any discharge of flow, BOD, or SS over the base charge
maximums, to wit: 25,000 gallons per day, or 150 pounds each BOD and SS.
2. All SCIU's, when connecting to the system, will pay a base capital facilities
charge calculated on one of three rates per 1,000 square feet of building area. This
base rate charge will allow for a discharge of up to 25,000 gallons per day, or 150
pounds each BOD or SS.
November 2, 1999
Page 2
3. Every existing SCIU (those connecting prior to July 1, 1995) will have a
baseline of permissible discharge amounts of flow, BOD, and SS established for its
facility as of July 1, 1999. This baseline will be the average daily flow for the 1998-99
Fiscal Year.
4. Every conditional permitted SCIU (those connecting from July 1, 1995 to
September 1, 1999, including companies such as House Foods), will have a baseline of
permissible discharge amounts of flow, BOD, and SS established for its facility as of the
original date of issuance of its Waste Discharge Permit.
5. Any SCIU, based upon extraordinary circumstances, can appeal the
baseline that is established for its use, to the General Manager. Examples would be
when a user has low flow because its facilities were out -of -operation due to fire, or other
cause, for a considerable portion of the year. This lack of operations would establish a
low flow average, and thus would trigger the imposition of a Supplemental CFCC.
6. Existing SCIU's would be permitted to exceed their baseline number by up
to 25,000 gallons per day, or 25% of their flow, whichever is lesser, or an increase of
150 pounds of BOD or SS each per day, or 25% each per day, whichever is lesser,
without the payment of a Supplemental CFCC. At such time as they exceed the
permissible growth over baseline, they would then pay the Supplemental CFCC, again
based upon a daily average, using annual discharge amounts.
7. The Ordinance has also been revised to exclude Special Purpose
Discharge Permit Holders as being re uired to pay a CFCC. Instead, the existing
District Ordinance No. OCSD-01, Section 305.6, authorizes the General Manager to
issue the Special Discharge Permit and to establish a fee which would include, in
appropriate circumstances, a capital facilities component. In light of the recent beach
closure and the need to temporarily connect the City of Huntington Beach Pump
Stations, it was determined that Ordinance No. OCSD-01 made the imposition of a
capital component CFCC discretionary; whereas, in Ordinance No. OCSD-09, the
imposition of such component charge would be mandatory. It is recommended that only
the discretionary provisions should be used.
THOMAS L. WOODRUFF
GENERAL COUNSEL
By
TFN:pj
THOMAS F. NIXON
ORDINANCE NO. OCSD-11
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF ORANGE COUNTY SANITATION DISTRICT
ADOPTING CAPITAL FACILITIES CAPACITY
CHARGES AND REPEALING ORDINANCE NO.
OCSD-09
WHEREAS, the Board of Directors of the District has received a
management report, including financial and system facilities needs of the District,
and wishes to reaffirm the policy of the District of imposing Capital Facilities
Capacity Charges when properties, either newly connect to the District's system
or expand the use of the property previously connected to the District, and to
adopt findings supporting the amount of the fees adopted pursuant to this
Ordinance.
The Board of Directors of Orange County Sanitation District does hereby
FIND:
A. That a comprehensive 30-year Master Plan of Capital Facilities
entitled, "Collection, Treatment and Disposal Facilities Master Plan - 1989",
hereinafter the "Master Plan", which includes detailed financial and engineering
reports, has been prepared, approved, and adopted by the Boards of Directors of
the Predecessor Districts in 1989, identifying the required future development of
District facilities, including the financial projections for providing sewer service to
all properties within the District's service areas; and,
B. That the District has undertaken, commencing in 1997, a
comprehensive update and revision of the Master Plan, which
end, led fe- r-empl fir,. iR the ve;;r 2g00 to �eFL-a#eF) [was adopted October
27, 1999, to hereafter] be known as the "Strategic Plan"; and,
C. That the District, in 1997, as part of its Strategic Plan studies,
undertook a comprehensive evaluation and study of its operational and financial
needs for the next 20 years, including a detailed assessment of all types and
categories of users; the demands on the system and capacity needs of the
system to provide necessary service to the multiple categories of users; the total
costs of the existing and future facilities in the system; and alternate
methodologies for establishing fair and equitable charges to connect to and gain
access to the system; and,
D. That the Board of Directors has previously, by duly adopted
Ordinances, commencing in 1969, established Capital Facilities Capacity
Charges, formerly known commonly as "connection charges" or "fees" to be paid
TFN:smm/112344-11/2/1999- Red 1
by all persons obtaining a permit to connect to the District's system as a financial
payment to have access to and use of the District's wastewater collection,
treatment and disposal facilities in existence at the time of connecting to the
system, and for future facilities to be constructed; and,
E. That the District's connection charge ordinances, included authority
for the District to levy an excess capacity charge upon commercial and industrial
users who discharge large quantities or high strength wastewater; and,
F. That the District(s) adopted a revised, comprehensive excess
capacity charge by ordinance, effective July 1, 1995, which ordinance(s) was
subsequently repealed November 15, 1995 pending completion of the Financial
Rates and Charges Report; and,
G. That the District on February 22, 1996 adopted a moratorium on the
collection of excess capacity charges until the Financial Rates and Charges
Report was completed and a revised Capital Facilities Charge was adopted; and,
H. That all new commercial and industrial dischargers connecting to
the District's system from July 1, 1995 to September 1, 1999 (the effective date
of Ordinance No. OCSD-09) were deemed to be conditionally permitted
Significant Commercial — Industrial Users, required to pay any Capital Facilities
Capacity Charge adopted by the District at the same rates as new Significant
Commercial — Industrial Users, provided the Charge was no greater than the
excess capacity charge adopted to be effective July 1, 1995; and,
I. That a final report (the "Determination of Financial Rates and
Charges Report"), based upon studies and reports of District's engineering and
financial advisors, and an extensive evaluation by an Advisory Committee of
industrial, commercial, and residential users of the system (the "Rate Advisory
Committee"), was prepared and submitted to the Board of Directors to assist and
guide it in its considerations for the adoption of Ordinance No. OCSD-09; and,
J. That the Report has been made available to the public and has
been subject to noticed public hearings, all in accordance with the provisions of
law; and,
K. That following adoption of Ordinance No. OCSD-09 on July 21,
1999, certain ambiguities and uncertainties were discovered, relating to the
implementation of the Ordinance. It is now appropriate, to insure ease of
administration and clarity of understanding by those persons and entities
governed by the Ordinance, that the provisions of Ordinance No. OCSD-09 be
revised; and,
L. That the revenues derived under the provisions of this Ordinance
will be used for the acquisition, construction, reconstruction, maintenance, and
TFN:smm/112344-11/2/1999- Red 2
operation of the wastewater collection, treatment and disposal facilities of the
District; to repay principal and interest on debt instruments; or to repay federal or
state loans for the construction and reconstruction of said sewerage facilities,
together with costs of administration and provisions for necessary reserves; and,
M. That the properties upon which the fees established by this
Ordinance are levied, will discharge wastewater to the District's collection,
treatment and disposal system facilities; that the costs of owning, operating, and
maintaining said facilities has constantly increased due in part to increased
regulatory requirements to upgrade the treatment process; and that said costs
will exceed the amounts of any ad valorem tax revenues derived from said
property; and,
N. That the Capital Facilities Capacity Charges imposed by authority
of this Ordinance do not exceed the estimated amount required to provide
access to the sewer system facilities and service for which the fee is levied, as
provided in California Constitution Article XIIID; and,
O. That the fees adopted by this Ordinance are non-discriminatory, as
applied to all users of the system, and are established upon a rational basis
between the fees charged each category of property that is connecting, and the
service and facilities provided to each connected property by the District; and,
P. That the adoption of this Ordinance is statutorily exempt under the
California Environmental Quality Act from further environmental assessment
pursuant to the provisions of California Public Resources Code Section
21080(b)(8), and 14 California Code of Regulations Section 15273(a).
NOW, THEREFORE, the Board of Directors of Orange County Sanitation
District does hereby ORDAIN:
Section 1: Definitions
1.1 "Actual construction costs" include the cost of all activities
necessary or incidental to the construction of a District facility, such as financing,
planning, designing, acquisition of the property or interests in the property,
construction, reconstruction, rehabilitation, and repair.
1.2 "Capital Facilities Capacity Charge" means a one-time, non-
discriminatory charge imposed at the time a property is connected to the
District's system, directly or indirectly, or an existing structure or category of use
is expanded or increased. Said charge is to pay for District facilities in existence
at the time the charge is imposed, or to pay for new facilities to be constructed in
the future, that are of benefit to the property being charged. The Supplemental
Capital Facilities Capacity Charge, as provided for in Sections 6, 7, and 8 of this
Ordinance, is
TFN:smm/112344-11/2/1999- Red 3
time [an annual charge payable to the District on a quarterly or annual
basis as determined by the District.]
1.3 "Connection fee" means a fee equal to the cost necessary to
physically connect a property to the District's system, including, but not limited to
installation of meters, meter boxes, pipelines and appurtenances to make the
connection, that does not exceed the actual cost of labor, materials, and
overhead for the installation of those facilities.
1.4 "Nondiscriminatory" means that the Capital Facilities Capacity
Charge does not exceed an amount determined on the basis of the same
objective criteria and methodology applicable to comparable public or non-public
users, and is not in excess of the proportionate share of the cost of the District's
facilities of benefit to the person or property being charged, based upon the
proportionate share of use of those facilities.
1.5 "Predecessor Districts" means former County Sanitation Districts
Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California, which jointly
owned and administered the property and sewerage system facilities of the
District, which consolidated into the Orange County Sanitation District, as a
single entity, effective July 1, 1998.
1.6 "Public agency" means the United States or any of its agencies, the
State or any of its agencies, the Regents of the University of California, a county,
city, district, school district, local or regional public authority, or any other political
entity, subdivision or public corporation of this State.
Section 2: Connection Permits: Required.
A. Connection permits are required of all dwelling units, buildings and
structures connecting directly or indirectly to the District's sewerage system
facilities. Included are the connections of laterals to local municipal sewerage
facilities, and the connection of local municipal sewerage facilities and laterals to
the District's facilities.
B. Except as authorized by the issuance of a Special Purpose
Discharge Permit under sections 305-305.6 of Ordinance No. OCSD-01 or as
amended, or as authorized pursuant to a special extra territorial service
agreement approved by the Board of Directors, no permit shall be valid unless
the real property to be served by use of the permit is included within the
boundaries of the District and within the boundaries of a local sewering agency
authorized to maintain public sewering facilities. However, a permit as
authorized above may be issued for property to be served outside the boundaries
of a local sewering agency if a local sewering agency makes application for the
issuance of such permit.
TFN:smm/112344-11/2/1999- Red 4
There will be a nondiscriminatory Capital Facilities Capacity Charge
assessed to public agencies for connecting directly or indirectly to the District's
sewerage system facilities, and a connection permit must be obtained.
Section 3: Capital Facilities Capacity Charge: Pavment Reauired. No
application for a permit for a connection to a District sewerage facility, or to any
sewerage facility which discharges into a District sewerage facility, shall be
approved, nor a permit issued, until a District Capital Facilities Capacity Charge
is paid by the applicant. No connection permit shall be issued unless there is an
established category of use of the property to be served or a valid building permit
issued which establishes the category of use of said property.
Section 4. Capital Facilities Capacity Charge: Time of Pavment_
4.1 Payment of the Capital Facilities Capacity Charge established by
this Ordinance for connection to the District's sewerage system facilities shall be
required at the time of issuance of the building permit for all construction within
the District, excepting in the case of a building legally exempt from the
requirement of obtaining a building permit. The payment of the Capital Facilities
Capacity Charge for such exempt buildings will be required at the time of and
prior to the issuing of a plumbing connection permit for any construction within
the territorial limits of the District.
4.2 Upon application of any property seeking to connect to the District's
system, the Board of Directors of District, in its sole and absolute discretion and
upon a finding of compelling need, may, pursuant to the authority of California
Health & Safety Code Section 5474, approve of an agreement with the property
owner for the payment of the applicable connection charge in installments over a
period of not to exceed five (5) years, bearing an interest rate on the unpaid
balance of not to exceed ten (10%) percent per annum, and that the charges and
interest shall constitute a lien on the property.
Section 5: Capital Faciiities Capacity Charge: Schedule of Amounts.
Every person or entity newly connecting (a ,.eFAF eFGial Of iRd61StFial 66e) [any]
property to the District's system facilities shall pay a Capital Facilities Capacity
Charge in the amount for the applicable category of use set forth in Table 1.
TABLE 1
CAPITAL.. FACILITIES CAPACITY CHARGE
Use Category Rate Basis Base Charge
Commercial — Industrial Per 1,000 square feet'
Low Demand Per 1,000 square feet $ 1101
1 Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be
$1,820; and all calculations shall be on a per square foot basis.
TFN:smm/112344-11/2/1999- Red 5
Average Demand
High Demand
Single Family Residential
5+ Bedrooms
4
Bedrooms
3
Bedrooms
2
Bedrooms
1
Bedroom
Multi -Family Residential
4+ Bedrooms
3 Bedrooms
2 Bedrooms
1 Bedroom
Studio
Per 1,000 square feet $ 6751
Per 1,000 square feet $1,6001.2
Per Unit
Per Unit
$2,530
Per Unit
$2,165
Per Unit
$1,820
Per Unit
$1,475
Per Unit
$1,130
Per Unit
Per Unit
$1,965
Per Unit
$1,620
Per Unit
$1,275
Per Unit
$ 910
Per Unit
$ 580
Section 6.- Supplemental Capital Facilities Capacity Charge: Significant
Commercial — Industrial Users — Definitions.
A. A Significant Commercial — Industrial User ("SCIU") is any person
or entity who discharges commercial or industrial process flow, but excluding
domestic sewage flow, in an amount greater than 25,000 gallons per day ("gpd"),
2The Base Capital Facilities Capacity Charge is established at $1,600 per 1,000 square feet, but
shall be incrementally increased from the present amount at five (5) levels, and five (5) time
periods as follows:
Effective September 1, 1999 $ 675 per 1,000 sq. ft.
Effective January 1, 2000 $ 900 per 1,000 sq. ft.
Effective July 1, 2000 $1,130 per 1,000 sq. ft.
Effective January 1, 2001 $1,360 per 1,000 sq. ft.
Effective July 1, 2001 $1,600 per 1,000 sq. ft.
A schedule of the Capital Facilities Capacity Charges specified herein will be on file in the Office
of the Board Secretary of the District, and in the Building Department of each City within the
District.
*Low Demand connections are the following categories of users: Nurseries; Warehouses; Parking
Structures; RV Storage; Churches; Truck Terminals; RV Parks; Lumber/Construction Yards; and
other dischargers whose flow is similar in volume to these listed categories.
**High Demand connections are the following categories of users: Restaurants, Supermarkets;
Car Washes; Coin Laundries; Amusement Parks; Shopping Centers with Restaurants; Food
Processing Facilities; Textile Manufacturers; and other dischargers whose flow is similar in
volume to these listed categories.
***All other connections are Average demand users.
TFN:smm/112344-11/2/1999- Red 6
or Biochemical Oxygen Demand ("BOY) greater than 150 pounds per day, or
Suspended Solids ("SS") greater than 150 pounds per day, or who is required to
obtain a Waste Discharge Permit, as prescribed by Ordinance No. OCSD-01,
Article 3, due to having federally- or District -regulated or significant discharges.
B. An Existing SCIU is any SCIU discharger connected and
discharging to the District's system prior to July 1, 1995.
C. A New SCIU is any discharger who connects and discharges to the
District's system pursuant to a Waste Discharge Permit issued on or after July 1,
1999f--14[; or if] previously connected and not an SCIU, as defined in
Subparagraph A above, but, subsequent to July 1, 1995, increases flow, or BOD,
or SS to a level as to constitute an SCIU.
D. A Conditionally Permitted SCIU is any SCIU discharger who
connected to and discharges to the District's system pursuant to a Waste
Discharge Permit issued on or after July 1, 1995 up to September 1, 1999.
E. The maximum discharge allowed to a user, for which a base
Capital Facilities Capacity Charge is paid, as per Section 5 Table 1 above, is
25,000 gallons per day ("gpd"), or 150 pounds each of BOD and SS [(the "base
use")]. Discharge of flow, or BOD, or SS in amounts greater than allowed by
this Subparagraph E, shall be subject to the provisions of Section 7 or Section 8
hereof.
F. Each Existing SCIU shall have a baseline of allowed discharge of
flow, and BOD, and SS established by the District as of July 1, 1999[. The
baseline shall be] based upon the discharge for [the] fiscal year 1998-99 [or
upon such other discharge data which the District determines is
representative of the user's actual annual discharge to the sewerage
system]. Dischargers who are deemed to be SCIUs solely because of the
requirements to obtain a Waste Discharge Permit pursuant to Section 6 above,
shall have a minimum baseline established as follows: Flow — 25,000 gallons per
day; BOD —150 pounds per day; and SS — 150 pounds per day. The SCIU shall
be authorized to discharge flow, and BOD, and SS up to the baseline amounts
without payment of a Supplemental Capital Facilities Capacity Charge.
G. Each Conditionally Permitted SCIU shall have a baseline of allowed
discharge of flow, and BOD and SS established by the District as of the
[original] date of issuance of J#ie} [its] Waste Discharge Permit (f9F Fefere.,no
S eRiy, )[.
H.] The Supplemental Capital Facilities Capacity Charge as prescribed
by (SestiGR) [Sections] 7 [and 8] below, shall be payable commencing with the
effective date of this Ordinance.
TFN:smm/112344-11/2/1999- Red 7
{#} [I]. Within two (2) years from the date of the District's written notice to
the SCIU of its baseline amounts, the SCIU shall have a right to appeal the
District's established baseline for the SCIU. The appeal shall be to the General
Manager, or his delegated representative, who shall have discretion, based upon
extraordinary circumstances, wherein the established baseline is not
representative of the historical average daily discharge by the SCIU for a yearly
period, to modify the baseline amounts for the current year, or on a permanent
basis, subject to terms and conditions as prescribed by the General Manager.
The decision of the General Manager shall be final.
Section 7. Supplemental Capital Facilities Capacity Charge: New and
Conditionally Permitted Significant_ Commercial — Industrial Users. In addition to
the base Capital Facilities Capacity Charge, as prescribed in Table 1 for
commercial — industrial use category properties, all New SCIUs and all
Conditionally Permitted SCIUs shall pay a Supplemental Capital Facilities
Capacity Charge for each gallon of flow, or pound of BOD, or SS, exceeding the
base use discharge maximums, in the following amounts:
Daily Charge
Flow Gallons Per Day $0.00057
BOD Pounds Per Day $0.14461
SS Pounds Per Day $0.16025
Section 8: Supplemental Capital Facilities Capacity Charge_ Existing
Significant Commercial — Industrial Users.
A. All Existing Significant Commercial — Industrial Users connected to
and discharging to the District's system shall be required to pay a Supplemental
Capital Facilities Capacity Charge upon the occurrence of either (i) an increase
of discharge flow of 25,000 gallons per day ("gpd"), or 25% per day over its
established baseline authorization, whichever is lesser; or (ii) an increase of
[either] BOD or SS discharge of 150 pounds each per day, or 25% each per day,
whichever is lesser, over its established baseline authorization.
B. The Supplemental Capital Facilities Capacity Charge shall be in the
following amounts for each component that is increased as provided in Section
8A above:
Daily Charge
Flow Gallons Per Day $0.00057
BOD Pounds Per Day $0.14461
SS Pounds Per Day $0.16025
C. The Supplemental Capital Facilities Capacity Charge shall be
calculated on the basis of the average daily quantity of discharge in excess of the
User's baseline. The daily averages will be based on the daily discharges for a
year, utilizing discharge records and reports of the District.
TFN:smm/112344-11/2/1999- Red 8
Section 9: Capital Facilities Capacity Charge: Replacement Structures.
For new construction replacing former structures, the Capital Facilities Capacity
Charge shall be calculated and paid to the District on the rate basis of the
category of the new use and the amounts as set forth in Table 1, less a credit
amount, up to the amount of the new Capital Facilities Capacity Charge, equal to
a charge, as prescribed in Table 1 that would be for the prior category of use
which was terminated and removed.
Section 10: Capital Facilities Capacity Charge: Remodeled Structures.
In the case of existing structures connected to the District's system facilities, to
which new construction or alteration is made to change or increase the category
of use, a Capital Facilities Capacity Charge shall be calculated and paid to the
District on the rate basis of the category of the new use and the amounts as set
forth in Table 1, less a credit amount, up to the amount of the new Capital
Facilities Capacity Charge, equal to a charge, as prescribed in Table 1 for the
prior category of use.
Section 11: Payment of Capital Facilities Capacity Char__ e:c�Off--Site
Sewers Not Part of Master Plan Relative to Reimbursement Agreements. A
charge for connection to off -site sewers which are not included as part of the
District Master Plan and for which a Non -Master Plan Reimbursement
Agreement has been entered into between the District and the property owner,
shall be paid in the amount provided for in said Agreement, to be known as a
Non -Master Plan Capital Facilities Capacity Charge. The amount set forth in
said Agreement shall be the amount due, whether the original Agreement is still
in force, has been extended, or has expired. The Non -Master Plan Capital
Facilities Capacity Charge shall be in addition to the other Capital Facilities
Capacity Charges provided for in Sections 3 and 4 hereinabove, established for
property connecting to said facilities.
Section 12: No Refund or Transfer. A Capital Facilities Capacity Charge
is paid for the connection of a specific parcel of property. No refund of any
charge shall be made because of non-use or change of use, or any other reason.
The connection permit is non -transferable to any other property.
Section 13[: Baseline Transferabili . The baseline of allowed
discharge of flow, BOD and SS used to calculate a Supplemental Capital
Facilities Capacity Charge shall not be transferable, nor shall a credit for
such previously existing baseline be provided, to another SCIU
concurrently or subsequently occupying the same property.
Section 141: Exceptions. The provisions of this Ordinance shall apply to
all owners of properties within the District, including those properties otherwise
deemed exempt from payment of taxes or assessments by provisions of the
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State Constitution or statute, including properties owned by other public agencies
or tax-exempt organizations.
Section {�Al r15]: Severability. If any provision of this Ordinance or the
application to any person or circumstances is held invalid by order of Court, the
remainder of the Ordinance, or the application of such provision to other persons
or other circumstances, shall not be affected.
Section 4,51 fl6 : Effective Date. This Ordinance shall take effect
[January 1, 2000].
Section 4} [171: Repeal. Ordinance No. OCSD-09 is hereby repealed
as of the effective date of this Ordinance.
Section jjR 18] : Certification and Publication. The Secretary of the
Board shall certify to the adoption of this Ordinance and shall cause a summary
to be published in a newspaper of general circulation as required by law.
PASSED AND ADOPTED by the affirmative vote of not less than two-
thirds of the Board of Directors of the Orange County Sanitation District at a
Regular Meeting held
Chair, Board of Directors
Orange County Sanitation District
ATTEST:
Secretary of the Board of Directors
Thomas L. Woodruff, District Counsel
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---------------------- REVISION LIST
The bracketed numbers refer to the Page and Paragraph for the start of the paragraph in
both the old and the new documents.
[1:6 1:6] Changed
[3:8 3:8] Changed
[5:6 5:6] Changed
[7:2 7:2] Changed
[7:5 7:5] Changed
[7:5 7:5] Changed
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[7:6 7:6] Changed
[7:6 7:6] Changed
[7:6 7:6] Changed
[7:6 7:7] Changed
[7:6 7:7] Changed
[7:6 7:7] Changed
[7:7 7:8] Changed
[8:7 8:7] Changed
[9:4 9:4] Changed
[9:4 9:5] Changed
[9:5 10:1 ] Changed
[9:6 10:2] Changed
[9:6 10:2] Changed
[9:7 10:3] Changed
[10:1 10:4] Changed
"revisions ... thereafter " to "was adopted ... hereafter "
"a one-time ... period of time." to "an annual ... District."
"a commercial or industrial use " to "any "
". If " to "; or if "
"1999 based" to "1999. The ... shall be based"
"for fiscal" to "for the fiscal"
111998-99." to "1998-99 or ... sewerage system."
"the date" to "the original date"
"of the Waste" to "of its Waste"
"Permit for" to "Permit. "
"for reference purposes only. " to "H. "
"Section " to "Sections "
"7 below," to "7 and 8 below,"
"H" to "I"
"of BOD" to "of either BOD"
"13 :" to "13: Baseline ... property."
"13 :" to "Section 14 :"
1114" to 1115"
1115 "to 1116"
111611 to 111711
"17 " to 1118 "
" to "January 1, 2000"
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