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HomeMy WebLinkAbout3.d. Review Draft Position paper to adopt proposed revisions to BP 037- Delegation of authority to General Manager and consider adopting 3 propsoed resolutions Page 1 of 20 Item 3.d. Algi CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER DRAFT MEETING DATE: 0CTOBER 22, 2019 SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT PROPOSED REVISIONS TO BOARD POLICY NO. BP 037 - DELEGATION OFAUTHORITYTO GENERAL MANAGER; AND CONSIDER ADOPTING THREE PROPOSED RESOLUTIONS DELEGATING AUTHORITY FOR (1) EMERGENCY ACTIONS, (2) CENTRAL SAN'S EMERGENCY OPERATIONS PLAN, AND (3) CLAIMS SETTLEMENT SUBMITTED BY: INITIATING DEPARTMENT: DONNAANDERSON, ASSISTANT TO THE SECRETARYOF THE DISTRICT SECRETARY OF THE DISTRICT KATI E YOUNG, SECRETARY OF THE DISTRICT REVIEWED BY: EDGAR LOPEZ, CAPITAL PROJECTS DIVISION MANAGER/SHARI DEUTSCH, RISK MGMTADMINISTRATOR JEAN-MARC PETIT, DIRECTOR OF ENGINEERINGAND TECHNICAL SERVICES/ PHIL LEIBER, DIR. OF FINANCE &ADM. ANN SASAKI, DEPUTY GENERAL MANAGER KENTON L.ALM, DISTRICT COUNSEL/ ROGER S. BAILEY, GENERAL MANAGER ISSUE On August 16, 2018, the Board adopted Board Policy No. BP 037 — Delegation of Authority to the General Manager, which consolidated and clarified in a new Board Policy all delegations of authority to the General Manager that had previously been captured in various Board resolutions. This new policy was reviewed by the Administration Committee in August 2018, along with two other new policies: BP 035 — Purchasing, and BP 036 — Informal Bidding. The Committee suggested that, if adopted by the Board, all three policies be reviewed by staff prior to their normal biennial review to consider any fine tuning. All three policies are being brought forth at this time as separate agenda items for ease of review and action. BACKGROUND The following changes are being proposed to BP 037 — Delegation ofAuthority to General Manager, as October 22, 2019 Regular ADM IN Committee Meeting Agenda Packet- Page 25 of 242 Page 2 of 20 explained below: Emergency Powers. This section delegates emergency powers to the General Manager to take immediate action in emergency situations when it is necessary to procure equipment, services and supplies without giving notice for bids to let contracts. The Public Contract Code (§22050(b)(1)) requires this delegation to be made by resolution or ordinance adopted by a 4/5ths vote. Such delegation was first made in 1996 by the adoption of Resolution No. 1996-107. That resolution has been rescinded and replaced multiple times over the years, and the delegation eventually became part of Resolution No. 2011- 065 adopted in 2011 which summarized all delegations of authority to the General Manager. However, that resolution was rescinded in 2018 upon adoption of new BP 037, leaving no current resolution in place delegating this authority to the General Manager. Staff proposes adoption of the attached resolution (Attachment 2), which will thereafter be cited in the Emergency Powers section of BP 037. Emergency Operations Plan. This section appoints the General Manager as the Director of Emergency Services and empowers the General Manager to activate the Emergency Operations Plan, proclaim a local emergency, and otherwise manage emergency operations. These delegations are currently set forth in Resolution No. 2010-089, which is cited in the current BP 037. Staff wishes to rescind the 2010 resolution, adopt an updated version, cite it in the Emergency Operations Plan section of BP 037, and set forth the particulars of the resolution in BP 037 for ease of reference, as was done in the Emergency Powers section. Attachment 3 is the proposed updated resolution in strikeout. Use of Small Claims Court. This section was edited to remove unnecessary language. Claims Handling. This section delegates authority to the General Manager to settle claims, which authority is currently conferred in Resolution No. 2018-016. During review of the policy, it was suggested that the term "claims" be clarified to reflects staff's understanding, and current practice, that it excludes District expenses, including emergency response costs, incurred as part of the claims adjusting process. Staff also proposes to adopt an updated resolution that incorporates this clarification, which will be cited in the Claims Handling section of BP 037. Attachment 4 is the proposed updated resolution in strikeout. Easement Acquisitions and Leasing Property. District Counsel has proposed that a limit be placed on the General Manager's authority to acquire easements. While the District pays nothing to very little for many of its easements, there may be instances where acquisition of an easement could be more expensive. District Counsel considers it a best practice to have an authority limit in place. Staff proposes that the Board should approve any easement acquisitions in excess of$200,000. Joint Powers Agreements. Staff suggests adding a new subsection "b" which delegates to the General Manager or his designee the authority to execute Joint Powers Agreements under Board-approved projects related to activities such as raising manhole covers, with a $200,000 limit. Professional Consulting, Technical Consulting and Professional Engineering Services Agreements. The titling for this section has been streamlined. Also, staff is proposing changes to section b. in three respects: 1. For amendments to agreements of$1 million or less, staff would like to standardize the threshold at $100,000, rather than 15% of the original agreement amount or$100,000, whichever is greater; 2. For amendments to agreements over$1 million, staff wishes to clarify the threshold for larger agreements. Staff and District Counsel suggest that a limit of 5% of the original agreement amount or$100,000, whichever is greater, would be a more appropriate limit than the current 10% or $200,000, whichever is greater; and October 22, 2019 Regular ADM IN Committee Meeting Agenda Packet- Page 26 of 242 Page 3 of 20 3. Reword Section b.3)to make it clearer. I n addition, staff has been directed by the Board to periodically report via informational announcement any professional consulting services agreements entered into by the General Manager between $50,000 and $100,000, which staff has been doing on a quarterly basis for a number of years. A sentence has been added to capture that direction. Contracts for Goods and Services. Entering into contracts for goods and services that are not "professional services" or"construction contracts," such as utilities, maintenance services, equipment, chemicals and supplies, do not require Board approval regardless of dollar amount. The General Manager delegation of authority permits contracting and spending so long as the Operations and Maintenance Budget is not exceeded. Nevertheless, District Counsel has requested that the Board be asked to consider whether there should be any limit on staff authority for entering into these contracts without Board approval. He believes it is a best practice to set a dollar limit above which these contracts will, at a minimum, be reported to the Board via periodic informational announcement, especially when related to multi-year contracts. Alternatively, the Board could set a limit above which Board approval would be required for these types of contracts. District Counsel would like the Board to address this issue one way or the other so there will be a clear-cut delegation of authority in this regard. Records Management Program. This new section was added to incorporate the newly delegated authority given to the General Manager and District Counsel to make non-substantive changes to the Records Retention Schedules adopted by resolution at the August 15, 2019 Board meeting. New UPCCAA Bidding Limits. Effective January 1, 2019, the State of California increased the limits associated with the UPCCAA. The previous limit of $45,000, above which informal bidding would be required, was increased to $60,000. The previous limit for formal bidding of$175,000 was increased to $200,000; public contracts above that limit require formal bidding. These changes were anticipated when BP 036 and BP 037 were adopted in 2018 and both policies include language providing that the higher limits will automatically go into effect upon adoption. The higher limits have been inserted into BP 037 where appropriate. EXHIBIT A— Capital Improvement Program Authorization Limits. In addition to updating the chart to increase the UPCCAA limits, and incorporate a line for easement acquisitions, two new lines were added regarding amending professional consulting, technical consulting and professional engineering services agreements so the chart can be more complete as a reference tool. Several other minor changes are also reflected in the redlined Exhibit A for consistency and clarity. EXHIBIT B — Contracting Authority Limits. Staff proposes to eliminate this exhibit because the relevant sections have been captured elsewhere in the policy and/or Exhibit A. The above proposed changes are shown in strikeout in Attachment 1. If approved by the Board, BP 037 — Delegation ofAuthority to General Manager will come up for regular biennial review in two years. ALT ERNAT IVES/CONSIDERAT IONS The Board could choose not to adopt the proposed revisions to B P 037, or the Board could provide some other direction to staff. FINANCIAL IMPACTS There are no fiscal impacts anticipated from adopting the proposed revisions. October 22, 2019 Regular ADM IN Committee Meeting Agenda Packet- Page 27 of 242 Page 4 of 20 COMMITTEE RECOMMENDATION Staff presented these proposed revisions to the Administration Committee on October 22, 2019, and the Committee recommended RECOMMENDED BOARD ACTION Adopt: 1. Proposed revisions to BP 037 — Delegation ofAuthority to General Manager, effective immediately; and 2. Proposed resolutions delegating authority for: Emergency actions Central San's Emergency Operations Plan, and Claims settlement. Strategic Plan Tie-In GOAL TWO: Strive to Meet Regulatory Requirements Strategy 3- Comply with all federal, state, and local regulations related to District administration GOAL THREE:Be a Fiscally Sound and Effective Water Sector Utility Strategy 2- Manage costs ATTACHMENTS: 1. BP 037 - Delegation of Authority to General Manager(with proposed changes in strikeout) 2. Proposed resolution regarding emergency powers 3. Proposed resolution regarding Emergency Operations Plan 4. Proposed resolution regarding claims settlement October 22, 2019 Regular ADM IN Committee Meeting Agenda Packet- Page 28 of 242 Page 5 of 20 Number: BP 037 ATTACHMENT 1 Authority: Board of Directors Adopted: 8/16/18 Draft Revised: _/ /19 Reviewed: Initiating Dept./Div.: Board of Directors/ CENTRALSAN Secretary of the District BOARD POLICY DELEGATION OF AUTHORITY TO GENERAL MANAGER PURPOSE The proper functioning of the Central Contra Costa Sanitary District ("Central San") requires that the General Manager and his or her staff have adequate authority to carry out both the routine and reoccurring functions as well as the emergency functions of Central San. With the exception of the Board's delegation of authority and limitations on staff authority through the approval and adoption of the Central San Budget as well as Board Policy No. BP 036 — Informal Bidding, this policy consolidates and clarifies the Board's delegation of authority to the General Manager and his or her designee and helps to ensure the efficient operation of Central San. POLICY The General Manager and his or her designee shall have the authority to carry out the functions of Central San as follows: 1. General Authorization The General Manager is authorized to execute all deeds, contracts, warrants, releases, receipts and similar documents for and on behalf of Central San in accordance with California Health and Safety Code §6487, including all documents prepared and circulated as part of the public competitive bidding process. Nothing in this Section 1 is intended to alter or eliminate any other statutory or District Code procedural requirements which may exist. 2. Emergency Powers Pursuant to California Public Contract Code (PCC) §22050(b)(1), the Board has delegated to the General Manager via Resolution No. 2019- the authority to order any emergency action pursuant to PCC §22050(a)(1) as follows: a. Immediate Action in Emergencies. o,irs aRt t„ Gallfnrnia P blin GoRtrant Code (PCC) §22050(b)(1) the Board delegates its power to +The General Manager has the power to take any directly-related and immediate action October 22, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 29 of 242 Page 6 of 20 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 2 of 10 required by an emergency, as defined in PCC §1102, and to procure the necessary equipment, services, and supplies for those purposes, when the anticipated expenditures may exceed the lower limit of the threshold requiring bidding for a project under the amount specified by PCC §22032(a) (currently $4560,000), without giving notice for bids to let contracts. b. Reportinq to the Board. In the event of an emergency, as defined, the General Manager shall report to the Board not later than 7 days after the action, or at its regularly scheduled meeting if that meeting will not occur later than 14 days after the action, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. C. Regular Review Required. In the event of an emergency, as defined, the Board shall initially review the emergency action as set forth in paragraph b. above, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths (4/5) vote, that there is a need to continue the emergency action, unless the General Manager has terminated that action prior to the Board's review of that action. d. Termination of Emergency. Upon its review of the emergency action, the Board shall terminate that action at the earliest possible date that conditions warrant so that the remainder of the emergency action necessitated by the emergency may be completed by giving notice for bids to let contracts. 3. District Emergency Operations Plan a. Director of Emergency Services. The General Manager is designated appointed as the Director of Emergency Services and has the authority set forth in Resolution No. 2019- 2010 or as set forth in the-Central San's most recently adopted Emergency Operations Plan resolution or as amended by state law. b. Proclamation of Local Emergency. Under emergency conditions in which immediate action must be taken to protect lives and property, respond to emergencies, and to restore essential services for the public health and safety, the Director of Emergency Services may activate the District's Emergency Operations Plan and proclaim a local emergency. C. Managing Emergency Operations. Upon proclamation of a local emergency, the Director of Emergency Services will direct and manage all emergency operations and make decisions to allocate resources and expend funds as necessary to meet the needs of the emergency. October 22, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 30 of 242 Page 7 of 20 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 3 of 10 d. Ratification of Proclamation of Local Emergency. The Board shall meet within seven (7) days of proclamation of the local emergency to ratify the proclamation by resolution and authorize continued emergency operations and recovery actions. e. Duration of Proclamation. The proclamation of local emergency shall remain in effect for fourteen (14) days from the date of ratification, unless terminated or extended by the Board. f. Modifications to Emergency Operations Plan. The Director of Emergency Services shall be authorized to make modifications to the Emergency Operations Plan and modify practices and procedures to maintain compliance with the California Emergency Services Act (CESA). 4. Use of Small Claims Court The General Manager is authorized to file GUit in Small Claims Court wit additional cnonifin authorization by the Reared +e pursue civil remedies against persons or entities for maims- within general s bjeGt matter areas- and where the amoUnt of Gentral Can's- Glaim (acne unt no�Y i) does not eXGeed the monetary limits- of the ii iris dintion of in California Small Claims Court, including This power innluides- the newer to seeking judgments and any other remedies available within itsthe jurisdiction. of Small Claims- Court, avid to take otheadministrative aGtiORs neGessary to pursue appropriate remedies OR Small Clam (�'o,�RGl di appearing en behalf 5. Claims Handling a. Reiection of Claims. The General Manager is authorized to act on behalf of the Board pursuant to Government Code §§910, et seq. to reject, return as insufficient, or return as untimely any claims against it, and to provide any notices authorized under those statutes on behalf of Central San. b. Settlement/Payment of Claims. Pursuant to Government Code §935.4 and Resolution No. 2019- 2016-016, the Board delegates the authority to the General Manager to allow, compromise or settle claims against Central San not exceeding $50,000, and to authorize payment of any such claims up to the stated limit. The term "claims" excludes District expenses, including emergency response costs, incurred as part of the claims adjusting process. C. Reporting of Settlements. with the nreyiso +ha+All settlements greater thanhet�a $25,000 and less than $50,000 will be reported promptly to the Board as informational items at a publicly-noticed Board meeting. October 22, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 31 of 242 Page 8 of 20 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 4 of 10 6. Easement Acquisitions and Leasing Property a. Acquisition of Easements. The General Manager is authorized to negotiate for grants of easements or offers of dedication and, where required, purchase easements and offers of dedication in favor of Central San. Phis delegation is limited to easement acquisitions or exchanges in amounts up to $200,000 each when easement acquisitions are included in project budgets. Easement acquisitions or exchanqes valued in excess of $200,000 require separate Board actior The General Manager shall also be authorized to prepare the documentation as may be required for recording the property rights with the County Recorder's Office, and to take other such action as may be required to implement the acquisition of said easements and offers of dedication. The General Manager will provide periodic reports to the Board on such purchases and expenditures. However, the Board shall retain the sole power to accept by resolution any and all easements and offers of dedication received by Central San. After acceptance of an easement or dedication by the Board, the General Manager shall have the authority to record said easements and offers of dedication for the purpose of providing legal notice of Central San's acceptance and the property rights contained therein. b. Rights of Entry, Etc. The General Manager is authorized to purchase or otherwise obtain rights of entry and approve restoration agreements, encroachment permits, real property agreements and similar documents affecting access to or use of real property deemed necessary or prudent for the carrying out of Central San activities. If recording of any such documents is required to create permanent rights and legal notice with regard to such real property matters, such documents will require Board approval for formal acceptance and authorization to record. C. Fundin . The General Manager is authorized to fund the purchase of easements, offers of dedication and similar real property-related rights, provided adequate funding is included in Central San's Board-approved Capital Improvement Budget. d. Lease Agreements. The General Manager, in accordance with the provisions of Chapter 7.08 of the District Code, is authorized to execute agreements relating to the leasing out of Central San property which has been declared by the Board after a public hearing as not needed for Central San's operations for the period covered by the lease term. 7. Joint Powers Agreements a. Board-approved Construction ProiA,-fQ The General Manager is authorized to execute Joint Powers Agreements October 22, 2019 Regular ADM IN Committee Meeting Agenda Packet- Page 32 of 242 Page 9 of 20 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 5 of 10 and similar cooperative agreements with cities, counties, special districts and other government entities relating to Board-approved construction projects, such as paving or landscaping, where the funds exchanged in the agreement do not exceed $100,000. b. Other Construction Activities. The General Manager, or his or her designee, is authorized to execute Joint Powers Agreements under Board- approved projects designated to exchange funds related to construction activities, such as raising manhole covers, where the funds exchanged in the agreement do not exceed $200,000. 8. Contracts for District Projects Not Exceeding the General Manager Public Works Delegation Limit Pursuant to PCC §22034 (c), the General Manager's Public Works Delegation Limit is $47-5200,000 or the amount of the informal bid limit as established periodically by the State of California through Statute (PCC §22032(b)) related to the Uniform Public Construction Cost Accounting Act (UPCCAA). The General Manager is authorized to take such actions as are statutorily provided to the Awarding Body for contracts for District Projects of not more than the General Manager's Public Works Delegation Limit provided legally appropriate bidding or procurement procedures have been undertaken. See Exhibits A-apA-B. 9. Professional Consulting Agreeme„*�, Technical Consulting Agreements and Professional Engineering Services Agreements a. New Agreement Authorization Limit. The General Manager is authorized to approve and execute services agreements for Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements-that do not exceed $100,000 in total cost. b. Agreement Amendments. The General Manager is authorized to amend services agreements for Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements as follows: 1) Original Agreement - $1 Million or Less. For SUGh with an original amount of $1 million or less, the amendments must be $100,000 or less than the greater of 15 nerGent of the original agFeement amount or $100,000. 2) Original Agreement— More than $1 Million. For suGh with an original amount of more than $1 million, the amendments October 22, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 33 of 242 Page 10 of 20 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 6 of 10 must be less than the greater of 105 percent of the original agreement amount or $2100,000, whichever is greater. 3) Amendments Causing Agreement Total to Exceed$100,000. An amendment to such an agreement which did not initially require Board approval requires Board approval if the initial agreement amount and the amendment(s) combined may not cause the agreement +n exceed the $100,000 General Manager authorization limit without prior Board approval. The above limits are cumulative. Any professional consulting agreements entered into by the General Manager between $50,000 and $100,000 will be periodically included in an informational announcement to the Board. See Exhibits ALB. 10. District Projects and Capital Improvement Program a. Capital Improvement Program Authorization Limits. The General Manager is authorized to expend funds available within the Capital Improvement Budget as set forth and limited by the amounts and other limitations set forth in Exhibit A. b. Change Orders. The General Manager is authorized to approve change orders (cumulatively) up to the construction contract contingency budget determined at time of award on all District Projects, limited by the authorizations defined in Exhibit A. As a guideline, typically the contract contingency shall not exceed 10 percent of the award amount. The percentage may be adjusted to a lower figure for larger projects or may be increased on projects where special circumstances are present. Such lower or higher contingency amount will be evaluated on a case-by-case basis. C. Increase to Contract Contingency. Board authorization is required to increase the contract contingency budget amount on contracts awarded by the Board after time of award. See Exhibits A-aP4-6. 11. Contracts for Goods and Services The General Manager and Purchasing and Materials Services Manager are authorized to award and enter into contracts and purchase orders for goods and services that are not "professional services" or "construction contracts," such as utilities, maintenance services, equipment, chemicals and supplies so long as overall October 22, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 34 of 242 Page 11 of 20 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 7 of 10 spending does not exceedwithiR the Board's annual adopted operating budget, eXGl ding labor, provided purchasing policy and procedures are adhered to. Coo Exhibit R 12. Procurement Cards The General Manager is authorized on behalf of Central San to enter into credit card agreements and administer the credit card program on behalf of Central San. 13. Personnel Actions Otherwise Reserved to Board pursuant to District Code Chapter 4 The General Manager is authorized to take the following personnel actions which are otherwise reserved to the Board pursuant to Chapter 4 of the District Code: a. Adds/Cancels. The addition or deletion of any permanent positions approved in the annual budget (Section 4.04.020 of the District Code). These deletions and additions may not exceed the number of authorized positions and—result in an increase in Central San's annual budgeted labor costs. b. Classifications. The establishment of new classifications and assignment of pay grade within the existing salary schedule, as well as any amendments to or the abolition of classification descriptions. These actions may not result in an increase of Central San's annual budgeted labor costs (Sections 4.12.010 and 4.12.040 of the District Code). C. Manager Appointments. The appointment of management-level positions (Section 4.16.070(a) of the District Code). 14. Other Personnel Actions The General Manager is authorized to take the following actions without Board approval: a. Transitional Positions: AppeipA-Authorize up to five (5) General Manager "transitional positions" at any given time to backfill positions vacated due to an extended leave of absence or as necessary to properly address succession planning. General Manager "transitional positions" are positions not necessarily authorized in the annual budget. The cost associated with these appointments cannot result in an increase in Central San's annual budget. b. Appointments/Disciplinary Actions. Make appointments and promotions, take disciplinary actions and take such other actions as required for the October 22, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 35 of 242 Page 12 of 20 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 8 of 10 proper operation of Central San, provided such actions are consistent with the then current Central San personnel rules and procedures, Memoranda of Understanding (MOU) and Board Policies. C. Employee Recognition. Grant administrative leave for employee recognition purposes, such as for safety awards or similar special recognitions for undertaking Central San responsibilities outside of the employee's existing job function. The granting of such leave will be evaluated by the General Manager on a case-by-case basis. d. Other Actions. Take any other actions as set forth in the Board approved MOUs with Central San's bargaining units. 15. Records Management a. Records Retention Schedules. Pursuant to Resolution No. 2019-051, the General Manager is authorized, in conjunction with District Counsel, to approve all revisions to Central San's Records Retention Schedules involving the following: changes in state law, changes in record keeping practices or operational needs, lengthening of retention periods, and changes determined by District Counsel to be of a ministerial nature. Board approval is required by resolution for changes to the Records Retention Schedules involving the following: shortening of retention periods, and changes determined by District Counsel to be substantive. October 22, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 36 of 242 Page 13 of 20 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 9 of 10 EXHIBIT A Capital Improvement Program Authorization Limits Action General Manager Board Approve Capital Improvement Plan and Budget None No limit (CIPICIB) Transfer funds to individual project budgets $500,000 or less No limit Greater than$500,000 Amend Enter Professional Consulting Services into Technical Consulting Services $100,000 or less Greater than$100,000 Agreements Professional Engineering Services Amend Amend Agreements<_$1 million $100,000 or less 2 Greater than$100,000 2 Agreements Amend Agreements>$1 million 5%of original agreement or Amendments exceeding GM $100,000,whichever is greater 2 authorization limit 2 Transfer funds from CIB contingency account to $475200,000*or less per Greater than$475200,000* projects not included in the CIB project 3 Authorize purchase of i1ndividual equipment Up to amount specified in items and 8qWiPM8Rt GGRt1Rg8RGy in the Equipment Budget No limit Equipment Budget Authorize purchase of ilndividual equipment items $50,000 or less Ne 1'rRitGreater than$50,000 not included in the Equipment Budget Authorize supplemental funds to program budgets Not applicable Sewer Construction Fund balance and contingency account Award construction contracts 4 $47-5200,000*or less Greater than$47-5200,000* Authorize Additive $475200,000*or less Greater than$475200,000* Construction No Board autherizatieR FequiFed Change Orders Deductive No limit If greater than$200,000, informa- tional announcement to Board Authorize sgubcontractor substitutions All substitutions unless protested Substitutions protested by by subcontractor subcontractor Accept cGonstruction projects acceptance All projects Informational announcement to Board Close out projects All projects Memo provided to Board at fiscal yearend Acquire easements $200,000 or less Greater than$200,000 Limited by the remaining balances of the applicable program and contingency account. 2 This limit is cumulative. 3 Limited by the remaining balance of the applicable contingency account. 4 Bid protests and rejection of all bids must go to Board with the exception of those under$200,000 and which fall under the provisions of the Uniform Public Construction Cost Accounting Act(UPCCAA)(California Public Contract Code§§22042 and 22042.5). *These limits shall be raised concurrently with changes to the UPCCAA(California Public Contract Code§22032(a),representing the threshold above which formal bidding is required. October 22, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 37 of 242 Page 14 of 20 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 10 of 10 EXHIBIT Confrentinry /1 uthority I imifo Contracting Authority CATEGORY OF THE PROCUREMENT � Profession�1 Goods and Consulting Pub"G We Vatue C e rvc�vic-es C e rvcfvic-es PTGjeGtS4 11 GM Delegated Authorit r_nn neie,.a+od 88 Board Awtherozat'en Cnn De-e aced Auth„ri+" `` �A�''CC nn Rnarrl A therizatinn 00 Re Change Orders > $175 Board A +hnrizo+mnn nnn Required Amending Anroomon+s G Board Author E zatmnn O or 5100,000, Required whoGhever Amending Agreements > Board Author E zatmon . 0 f , 10,000, Re quired whln-hover is loss 4 The RA7rd delegatesautherity to the General Manager, or their designee, to award and enter Onto GontraGts for goods and serviGes within the Board's budget, eXduding provided pUrGhasing p0liGy and PFOGedures are adhered labor, • 2 Board authorization is required for amendments that cause the agreement to exceed $100,000 when the original agreement did not have prior Board authorization because it was less than or equal to Q nn nnn. [Original retained by the Secretary of the District] October 22, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 38 of 242 Page 15 of 20 RESOLUTION NO. 2019- ATTACHMENT 2 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DELEGATING AUTHORITY TO THE GENERAL MANAGER REGARDING EMERGENCY POWERS UNDER CALIFORNIA PUBLIC CONTRACT CODE SECTION 22050(b)(1) WHEREAS, pursuant to California Public Contract Code (PCC) Section 22050(b)(1), the Board of Directors of Central Contra Costa Sanitary District (Central San) may, by a four-fifths vote, delegate via resolution the authority to order any emergency action pursuant to PCC section 22050(a)(1); and WHEREAS, it is deemed to be in the best interests of Central San to delegate the above authority to the General Manager. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Central San as follows: 1. THAT pursuant to California Public Contract Code (PCC) §22050(b)(1), the Board delegates its power to the General Manager to take any directly-related and immediate action required by an emergency, as defined in PCC §1102, and to procure the necessary equipment, services, and supplies for those purposes, when the anticipated expenditures may exceed the lower limit of the threshold requiring bidding for a project under the amount specified by PCC §22032(a) (currently $60,000), without giving notice for bids to let contracts; and 2. THAT in the event of an emergency, as defined, the General Manager shall report to the Board not later than 7 days after the action, or at its regularly scheduled meeting if that meeting will not occur later than 14 days after the action, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency; and 3. THAT in the event of an emergency, as defined, the Board shall initially review the emergency action as set forth in paragraph b. above, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths (4/5) vote, that there is a need to continue the emergency action, unless the General Manager has terminated that action prior to the Board's review of that action; and 4. THAT upon its review of the emergency action, the Board shall terminate that action at the earliest possible date that conditions warrant so that the remainder of the emergency action necessitated by the emergency may be completed by giving notice for bids to let contracts. October 22, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 39 of 242 Page 16 of 20 Central Contra Costa Sanitary District Resolution 2019- Page 2 of 2 PASSED AND ADOPTED this day of 2019, by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, Esq. Counsel for the District October 22, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 40 of 242 Page 17 of 20 ATTACHMENT 3 RESOLUTION NO. 2019- A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT RE- AFFIRMING ADOPTION OF THE DISTRICT'S EMERGENCY OPERATIONS PLAN, APPOINTING THE GENERAL MANAGER AS THE DIRECTOR OF EMERGENCY SERVICES, DEFINING THE AUTHORITY OF THE DIRECTOR OF EMERGENCY SERVICES, AND RESCINDING RESOLUTION NO. 2010-089 WHEREAS, there are many natural and technological hazards which threaten Central Contra Costa Sanitary District (Central San), including earthquakes, fires, hazardous materials releases, floods, severe weather, and potential water contamination; and WHEREAS, the California Emergency Services Act (CESA) (Government Code Section 8607 et seq.) requires local governments, including special districts, to comply with the Standardized Emergency Management System (SEMS) as described in CCR Title 19, Division 2, Chapter 1 and; WHEREAS, Homeland Security Presidential Directive 5: Management of Domestic Incidents (HSPD-5) requires coordination between federal and state governments and all political subdivisions therein by using the National Incident Management System (NIMS); and WHEREAS, on October 7, 2010 the Board of Directors adopted Central San's updated Emergency Operations Plan, which superseded the Comprehensive Emergency Management Plan adopted on November 2, 1995; and WHEREAS, upon rescission of Resolution No. 2010-089, adoption of the Emergency Operations Plan must be reaffirmed. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central San as follows: 1. THAT the Board of Directors reaffirms adoption of Central San's Emergency Operations Plan, originally adopted October 7, 2010 via Resolution No. 2010-089; and 2. THAT the General Manager is appointed as the Director of Emergency Services. Under emergency conditions in which immediate action must be taken to protect lives and property, respond to emergencies, and to restore essential services for the public health and safety, the Director of Emergency Services may activate the Central San's Emergency Operations Plan and proclaim a local emergency; and 3. THAT upon proclamation of a local emergency, the Director of Emergency Services will direct and manage all emergency operations and make decisions to allocate resources and expend funds as necessary to meet the needs of the emergency; and October 22, 2019 Regular ADM IN Committee Meeting Agenda Packet- Page 41 of 242 Page 18 of 20 Resolution No. 2019- Central Contra Costa Sanitary District Page 2 of 2 4. THAT the Board of Directors shall meet within seven (7) days of proclamation of the local emergency to ratify the proclamation by resolution and authorize continued emergency operations and recovery actions; and 5. THAT the proclamation of local emergency shall remain in effect for fourteen (14) days from the date of ratification, unless terminated or extended by the Board of Directors; and 6. THAT the Director of Emergency Services shall be authorized to make modifications to the Emergency Operations Plan and modify practices and procedures to maintain compliance with CESA; and 7. THAT as of the effective date of this resolution, Resolution No. 2010-089 is hereby rescinded. PASSED AND ADOPTED this day of 2019, by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District October 22, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 42 of 242 Page 19 of 20 RESOLUTION NO. 2019- ATTACHMENT 4 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DELEGATING AUTHORITY TO THE GENERAL MANAGER REGARDING SETTLEMENT OF CLAIMS AND RESCINDING RESOLUTION NO. 2018-016 WHEREAS, pursuant to Government Code Section 935.4, the Board of Directors may authorize via resolution an employee of Central San to allow, compromise, or settle a claim against Central Contra Costa Sanitary District (Central San) if the amount to be paid pursuant to the allowance, compromise or settlement does not exceed $50,000; and WHEREAS, Government Code Section 935.4 further provides that such a resolution may provide that upon written order of that employee, a warrant may be issued in the amount for which a claim has been allowed, compromised or settled up to the $50,000 limitation stated above; and WHEREAS, it is deemed to be in the best interests of Central San to delegate the above authority to the General Manager. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Central San): 1. THAT the Board delegates authority to the General Manager to allow, compromise or settle claims against Central San not exceeding $50,000; and 2. THAT the General Manager may authorize payment of any such claims up to the stated limit; 3. THAT the term "claims" excludes District expenses, including emergency response costs, incurred as part of the claims adjusting process; and 4. THAT as of the effective date of this resolution, Resolution No. 2018-016 is hereby rescinded. PASSED AND ADOPTED this day of 2019, by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California October 22, 2019 Regular ADM IN Committee Meeting Agenda Packet- Page 43 of 242 Page 20 of 20 Resolution No. 2019- Central Contra Costa Sanitary District Page 2 of 2 COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to Form: Kenton L. Alm, Esq. Counsel for the District October 22, 2019 Regular ADMIN Committee Meeting Agenda Packet- Page 44 of 242