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:

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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 f...

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