File #: 2023-3297    Version: 1 Name:
Type: Consent Status: Passed
File created: 10/31/2023 In control: BOARD OF DIRECTORS
On agenda: 11/15/2023 Final action: 11/15/2023
Title: SALES TAX REIMBURSEMENTS FOR CHEMICAL PURCHASES
Sponsors: Wally Ritchie
Attachments: 1. Agenda Report, 2. OCSD Settlement Memo, 3. Dakessian Law Engagement Letter, 4. ERS Engagement Letter
Related files: 2023-3250, 2023-3285

FROM:                     Robert Thompson, General Manager

                     Originator: Wally Ritchie, Director of Finance

 

SUBJECT:

 

title

SALES TAX REIMBURSEMENTS FOR CHEMICAL PURCHASES

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GENERAL MANAGER'S RECOMMENDATION

 

recommendation

RECOMMENDATION:

Approve Sole Source Agreements for Tax Consulting and Advocacy Services with Dakessian Law, Ltd. and Equity Recovery Solutions regarding pursuit of refunds for sales tax paid on chemical purchases.

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BACKGROUND

 

Orange County Sanitation District (OC San) uses certain chemicals to treat wastewater.  In some circumstances, the California Department of Tax and Fee Administration (CDTFA) has determined that the purchase of specific chemicals used to treat wastewater may be exempt from sales tax.

 

The Board previously approved a Sole Source Agreement with attorney Marty Dakessian, of Dakessian Law, Ltd. & Equity Recovery Solutions (ERS) to perform work on a contingency basis to recover refunds for sales tax paid on chemical purchases. 

 

The Steering Committee and Board of Directors approved the agreements in Closed Session on October 25, 2023.  This is the formal approval of the agreements.

 

RELEVANT STANDARDS

 

                     Ensure that the public’s money is wisely spent

                     Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard

 

PROBLEM

 

OC San regularly procures chemicals, equipment, and other capital items that are used during the process of treating wastewater at both treatment plants.  OC San currently pays sales and use taxes on the purchase of these goods and consumables.

 

 

PROPOSED SOLUTION

 

Approve the agreements with Dakessian Law, Ltd. and ERS to seek and secure sales/use tax exemptions/refunds on the purchase of chemicals, equipment, and other capital expenditures used during the treatment of wastewater.

 

PRIOR COMMITTEE/BOARD ACTIONS

 

October 2023 - Approved Sole Source Agreements for Tax Consulting and Advocacy Services with Dakessian Law, Ltd. and ERS regarding pursuit of refunds for sales tax paid on chemical purchases.

 

January 2016 - Approved a Sole Source Agreement for Tax Consulting and Advocacy Services with Dakessian Law, Ltd. regarding pursuit of refunds for sales tax paid on chemical purchases.

 

September 2015 - Approved Sole Source Agreements for Tax Consulting and Advocacy Services with Equity Recovery Solutions and Reed Smith regarding pursuit of refunds for sales tax paid on chemical purchases.

 

ADDITIONAL INFORMATION

 

N/A

 

CEQA

 

N/A

 

FINANCIAL CONSIDERATIONS

 

This request complies with authority levels of OC San’s Purchasing Ordinance.

 

ATTACHMENT

The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package:

 

                     OCSD Settlement Memo

                     Agreements for Tax Consulting and Advocacy Services