December 13, 2001

STATE WATER RESOURCES CONTROL BOARD

WORKSHOP SESSION -- LOS ANGELES REGIONAL BOARD

JANUARY 9, 2002

ITEM 24

SUBJECT

CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OR DESIGNEE, TO EXECUTE AND AMEND A CONTRACT WITH THE BOEING COMPANY FOR THE LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD’S OVERSIGHT OF ASSESSMENT AND CLEANUP ACTIVITIES

DISCUSSION

California Water Code Section 13304 allows the State Water Resource Control Board (SWRCB) and the Regional Water Quality Control Boards (RWQCBs) to recover reasonable costs for regulatory oversight of cleanups of wastes in waters of the State. The Boeing Company (Boeing) agrees to reimburse the Los Angeles RWQCB up to $961,264 for staff’s oversight costs incurred at various Boeing sites for a period of four years. A baseline allocation of $961,264 for a four-year contract was approved by the Budget Office on September 28, 2001.

The Boeing contract is a multi-year contract which exceeds the current $200,000 limit requiring SWRCB approval. Currently, contracts up to $200,000 can be processed without securing specific SWRCB approval. SWRCB Resolution 90-14 delegated the authority to the Executive Director to approve contracts that do not exceed $200,000. This proposal would provide the Executive Director the authority to execute and amend the Boeing contract for regulatory oversight of cleanup activities.

Adoption of this resolution would streamline the contracting process for the Boeing contract and enhance the ability of the staff at the Los Angeles Regional Water Quality Control Board (LARWQCB) to maintain an accelerated schedule of site inspections, assessment and cleanup activities. The multi-year contract would further enhance staff’s ability to focus on oversight and compliance activities by providing continuity for oversight and reducing staff time in preparing multiple contracts. The SWRCB has entered into similar contracts with the Lockheed Martin Company and the Alameda Corridor Transportation Authority.

POLICY ISSUE

Should the SWRCB authorize the Executive Director or designee to negotiate, execute, and amend a contract with Boeing which reimburses the LARWQCB for staff costs of oversight activities?

FISCAL IMPACT

The Budget Office has allocated $961,264 for the Boeing contract for four years. Boeing agrees to reimburse the LARWQCB for staff costs up to this allocation.

RWQCB IMPACT

The Boeing contract supports one personnel year for four years for the regulatory oversight of site assessment and cleanup activities.

STAFF RECOMMENDATION

That the SWRCB adopt the proposed resolution authorizing the Executive Director or designee to negotiate, execute, and amend a contract with the Boeing Company, which reimburses the LARWQCB for staff’s oversight costs in an amount not to exceed $961,264.

Policy ______

Fiscal ______

Legal______

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Draft July 16, 2001

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 2002- ___

AUTHORIZING THE EXECUTIVE DIRECTOR OR DESIGNEE TO NEGOTIATE, EXECUTE AND AMEND A CONTRACT WITH THE BOEING COMPANY FOR THE LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD OVERSIGHT OF SITE ASSESSMENT AND CLEANUP ACTIVITIES

WHEREAS:

1.  California Water Code section 13304 allows the State Water Resources Control Board (SWRCB) and the Regional Water Quality Control Boards (RWQCBs) to recover reasonable costs for regulatory oversight of cleanups of wastes in waters of the State.

2.  The Boeing Company (Boeing) agrees with the SWRCB to reimburse the Los Angeles Regional Water Quality Control Board (LARWQCB) up to $961,264 for staff oversight costs incurred at various Boeing sites.

3.  SWRCB Resolution 90-14 currently authorizes the Executive Director to execute and amend contracts up to $200,000 without acquiring specific authorization by the SWRCB.

4.  The Boeing contract will be multi-year and exceeds $200,000.

5.  Streamlining the contracting process for the Boeing contract will enhance the ability of the LARWQCB to maintain accelerated oversight schedules and save considerable administrative time of the SWRCB and the RWQCB staff.

THEREFORE BE IT RESOLVED THAT:

The SWRCB authorizes the Executive Director or designee to negotiate, execute and amend, if necessary, a contract with the Boeing Company, which provides for the LARWQCB to receive reimbursement of costs in an amount not to exceed $961,264 for a period of four years.

CERTIFICATION

The undersigned, Clerk to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 23, 2002.

______

Maureen Marché

Clerk to the Board

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