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HomeMy WebLinkAbout3.c. Revisions to BP 037 - Delegation of Authority to General Manager Page 1 of 23 Item 3.c. ,orVIOIN SAN December 17, 2019 TO: ADMINISTRATION COMMITTEE FROM: DONNA M.ANDERSON, ASSISTANT TO THE SECRETARY OF THE DISTRICT KATIE YOUNG, SECRETARY OF THE DISTRICT REVIEWED BY: EDGAR LOPEZ, CAPITAL PROJECTS DIVISION MANAGER / SHARI DEUTSCH, RISK MGMTADMINISTRATOR STEPHANI E KING, PURCHASING AND MATERIALS MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES PHI LEI BER, DIR. FINANCE &ADMINISTRATION /ANN SASAKI, DEPUTY GENERALMANAGER SUBJECT: REVISIONS TO BOARD POLICY NO. BP 037 - DELEGATION OF AUTHORITY TO GENERAL MANAGER; AND CONSI DER ADOPTING THREE PROPOSED RESOLUTIONS DELEGATING AUTHORITY FOR (1) EMERGENCYACTI ONS, (2) CENTRAL SAN'S EMERGENCY OPERATIONS PLAN, AND (3) CLAI MS SETTLEMENT On October 22, 2019, the Administration Committee reviewed proposed revisions to Board Policy No. BP 037 — Delegation ofAuthority to General Manager. The Committee offered no comments on the proposed changes. Rather, the bulk of the discussion involved Section 11: Contracts for Goods and Services. District Counsel Kent Alm initiated a discussion at that meeting as to whether there should be any limit on staff authority for entering into contracts for the procurement of goods and services without Board approval. Currently, the General Manager is authorized to enter into such contracts with no authorization limit other than the Operations and Maintenance budget. The Committee requested information as to whether this is a common practice in other agencies. Staff has been researching the practices of other agencies within the industry and intends to agendize this topic for further discussion when the Committee meets in January 2020. However, staff would like to proceed at this time with the proposed revisions to BP 037, including adopting three updated resolutions required by law, making needed updates, and clarifying some of the delegations of authority with regard to services agreements for professional consulting, technical consulting and professional engineering. All of these proposed revisions are summarized in Exhibit 1 to the draft Position Paper attached. December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 29 of 113 Page 2 of 23 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. Draft Position Paper to authorize changes to BP 037 and adopt three resolutions December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 30 of 113 Page 3 of 23 ATTACHMENT 1 AeCW rENTRAL $AN BOARD OF DIRECTORS FILPOSITION PAPER ` ` ' ' LDRAF1 Board meeting Date: JANUARY 16, 2020 subject: ADOPT. PROPOSED REVISIONS TO BOARD POLICY NO. BP 037 - DELEGATION OFAUTHORITY TO 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 ISSUE: Changes to Board policies require Board approval. BACKGROUND: 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. The Committee suggested that, if adopted by the Board, the policy should be reviewed by staff prior to its normal biennial review to consider any fine tuning. On October 22, 2019 and again on December 17, 2019, staff returned to the Committee with a number of proposed changes and updates to BP 037, all of which are summarized in Exhibit 1 and appear in strikeout in Attachment A to this Position Paper. Section 11: Contracts for Goods and Services Currently, staff is proposing changes to this section simply to clarify the existing practice, which has been in place for decades, and which currently delegates the authority to the General Manager to enter into such contracts with no authorization limit other than the Operations and Maintenance budget. District Counsel Kent Alm initiated a discussion at the October 22 Committee meeting as to 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 seta limit above which Board approval would be required. District Counsel has suggested that the Board address this issue one way,or the other to make clear the delegation of authority in this regard. Staff was asked by the Committee to gather additional information about procurement practices within the industry and local agencies. Staff is in the process of obtaining the requested information and intends to agendize this topic for further discussion by both the Committee and the full Board in early 2020. At this point, staff wishes to proceed with making the proposed revisions presented herein. Page 1 of 2 December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 31 of 113 Page 4 of 23 POSITION PAPER Board Meeting Date: JANUARY 16, 2020 ALTERNATIVES/CONSIDERATIONS: The Board could choose not to adopt the proposed revisions to BP 037, or the Board could provide some other direction to staff. FINANCIAL IMPACTS: There are no fiscal impacts anticipated from adopting the proposed revisions. COMMITTEE.RECOMMENDATION: Staff presented these proposed revisions to the Administration Committee on October 22 and December 17, 2019. The Committee recommended RECOMMENDED BOARD ACTION: Adopt: 1. Proposed revisions to BP 037— Delegation of Authority to General Manager, effective immediately; and 2. Proposed resolutions delegating authority for: Emergency actions Central San's Emergency Operations Plan, and Claims settlement. Attachments: Exhibit 1 —Summary of Proposed Changes. Att.A—BP 037(strikeout showing proposed changes) Att. B—Proposed resolution re emergency powers . Att. C—Proposed resolution re Emergency Operation Plan Att. D—Proposed resolution re claims settlement Page 2 of 2 December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 32 of 113 Page 5 of 23 EXHIBIT 1 SUMMARY OF PROPOSED CHANGES TO BP 037 — DELEGATION OF AUTHORITY TO GENERAL MANAGER The following updates/changes being proposed at this time to BP 037 — Delegation of Authority to General Manager are shown in strikeout in Attachment A. SECTION 2. 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. Such delegation was first made in 1996 via resolution. Over the years, that resolution was rescinded and replaced multiple times, eventually becoming part of Resolution No. 2011-065, which summarized all delegations of authority to the General Manager. The 2011 resolution was rescinded in 2018 upon adoption of BP 037, which incorporates all the language from the 2011 resolution regarding emergency powers. It was later discovered that Public Contract Code §22050(b)(1) requires the emergency powers delegation be made via resolution or ordinance adopted by a 4/5rhS vote. Because the 2011 resolution was rescinded, there is currently no resolution in place delegating this authority to the General Manager. Staff proposes adoption of the attached resolution (Attachment B), which will thereafter be cited in the Emergency Powers section of BP 037. SECTION 3. 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 C is the proposed updated resolution in strikeout. SECTION 4. Use of Small Claims Court. This section was edited to remove unnecessary wording. SECTION 5. Claims Handling. This section delegates authority to the General Manager to settle claims, which 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, which excludes District expenses such as emergency response costs incurred as part of the claims adjusting process. Staff proposes to adopt an updated resolution that incorporates this clarification, which will be cited in the Claims Handling section of BP 037. Attachment D is the proposed updated resolution in strikeout. SECTION 6. Easement Acquisitions and Leasing Property. District Counsel has proposed that a limit be placed on the General Manager's authority to acquire Page 1 of 3 December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 33 of 113 Page 6 of 23 easements. While the District pays nothing to very little for many of its easements, there may be instances where acquiring an easement could be more expensive. District Counsel considers it a best practice to have an authority limit in place. Staff proposes an authorization limit not to exceed $200,000. For any easement acquisition exceeding this limit, Board approval shall be required. SECTION 7. Joint Powers Agreements (JPAs). Staff suggests raising the limit from $100,000 to $200,000 for JPAs related to Board-approved construction projects. It is also suggested that a new subsection "b" be added which delegates to the General Manager or his designee the authority to execute Joint Powers Agreements under Board-approved construction projects related to activities such as raising manhole covers, with a $200,000 limit. SECTION 8. New UPCCAA Bidding Limits. Effective January 1, 2019, the State of California increased the limits associated with the Uniform Public Construction Cost Accounting Act (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. SECTION 9. Professional Consulting, Technical Consulting and Professional Engineering Services Agreements. The titling for this section has been streamlined, but the primary change is an increase from $100,000 to $200,000 in the authorization limit for new agreements. This is consistent with the UPCCAA limit for informally bid projects, and other proposed changes to the General Manager's delegation of authority which would generally provide for a $200,000 limit. The other.changes primarily clarify staff's authority regarding agreement amendments. In addition, staff has been directed by the Board to periodically report via informational announcement any professional consulting services agreements signed by the General Manager between $50,000 and $100,000, which staff has been doing on a quarterly basis since 2011. A sentence has been added to capture that direction with an increase in the reporting requirement to $200,000. SECTION 11: Contracts for Goods and Services. The proposed changes to this section simply clarify the current practice, which has been in place for decades, authorizing the General Manager to enter into such contracts with essentially no authorization limit other than the Operations and Maintenance budget. As mentioned in the cover memo to this item staff will be scheduling a further in-depth discussion with the Committee on this practice at the January 2020 meeting. NEW SECTION 15. Records Management Program. This new section was added to incorporate the newly delegated authority given to the General Manager and District Page 2 of 3 December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 34 of 113 Page 7 of 23 Counsel to make non-substantive changes to the Records Retention Schedules adopted by resolution at the August 15, 2019 Board meeting. 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 strikeout version of 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, either in the policy and/or Exhibit A. Page 3 of 3 December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 35 of 113 Page 8 of 23 ATTACHMENT A Number: BP 037 Authority: Board of Directors Adopted: 8/16/18 Draft Revised: i /20 Reviewed: ICENTRALSAN Initiating Dept./Div.: Board of Directors/ 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. 2020- the authority to order any emergency action pursuant to PCC §22050(a)(1) as follows: a. Immediate Action in Emergencies. The General Manager has the power to take any directly-related and immediate action December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 36 of 113 Page 9 of 23 Number: SP 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. ^i�tEmergency Operations Plan a. Director of Emergency Service, The General Manager is designated appointed as the Director of Emergency Services and has the authority set forth in Resolution No. 2010-08a, 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 EmeMency 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. December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 37 of 113 Page 10 of 23 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 3 of 10 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 suit. in Small Glaims GeUlFt wiftUt pursue civil remedies against persons or entities for Glaims within general subjeGt matter area and where the amount of Gentrel Can's elaim (amoi int in nontroversy) dGes net eXGeed the monotony limits of the iurisdiGtion of in California Small Claims Court, including - This power- iny+Widles the power to seeking judgments and any other remedies available within itsthe jurisdiction. of cm,ll Qaim6 Ge,art and to take ethe . 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. 20420- '^�v1R-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 that-All settlements greater thanheteen $25,000 and less than $50,000 will be reported promptly to the Board as informational items at a publicly-noticed Board meeting. December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 38 of 113 Page 11 of 23 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. i riffs 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 exchanges valued in excess of $200,000 require separate Board action. 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 Board-approved Construction Projects. The General Manager is authorized to execute Joint Powers Agreements and similar cooperative agreements with cities, counties, special districts December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 39 of 113 Page 12 of 23 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 5 of 10 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 $4-200,000. 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 $175200,000 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 Xaf a- . 9. Professional Consulting ^^"me"'e^*c, 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 A^ree''''1entc and Professional Engineering Agreements—that do not exceed $4-99200,000 in total cost. b. Agreement Amendments. The General Manager is authorized to amend services agreements foi Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements as follows: 1) Current94yinal Agreement- $42 Million or Less. For s, rh agreements with an original amount of$1 million or lace or less the f amendments mi lst he less than the nreater of 15 nernent of the .For agreements with a current amount of$2 million or less, the amendments shall not exceed $100,000. 2) 9r4ial-Current Agreement— More than $'_ Million. ill agreements with an original ame ant of more than $1 million the e December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 40 of 113 Page 13 of 23 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 6 of 10 amendments must be less than the gFeator of 10 nor^ont of the e Figlnal anroomont ama ant or $200,000. For agreements with an original amount of more than $2 million, the amendments shall not exceed $200,000. 3) Amendments Causing Agreement Total to Exceed$4200,000. An amendment to s-lnh an agFeemont Whi^h did not initialla ron giro Beard approval may not ^ause the agreement to ev^eerl the appFeval. Board approval is required to amend any agreement originally signed by the General Manager under this delegation of authority if the initial agreement and amendment(s) combined exceed $200,000. The above limits are cumulative. Reporting Requirement. Any professional consulting agreements entered into by the General Manager between $50,000 and $200,000 will be periodically included in an informational announcement to the Board. See Exhibits ALB. 10. District Projects and Capital Improvement Program a. Capital lmiarovement 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-and- . December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 41 of 113 Page 14 of 23 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 7 of 10 11. Contracts for Goods and Services Limited by Annual Gperanng eudget, The General Manager and Purchasing and Materials Manager are authorized to award and enter into contracts and purchase orders for goods and services wit4in-that are i,ot "professional services" or"public works contracts," such as utilities, maintenance services, equipment, chemicals and supplies so long as overall spending does not exceedwothon the Board's annual adopted operating budget, exGluding-labGr-, provided purchasing policy and procedures are adhered to. 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: AppG4*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 December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 42 of 113 Page 15 of 23 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 8 of 10 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. AI};oointments/Discip inary Actions. Make appointments and promotions, take disciplinary actions and take such other actions as required for the 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 managemeru r-Wgrarn 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. (Original retained by the Secretary of the District) December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 43 of 113 Page 16 of 23 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 CIP/CIB Transfer funds to individual project budgets $500,000 or less N Greater than$500,000 Amend Enter Professional Consulting Services into Technical Consulting Services $ 00,000 or less Greater than$ 00,000 Agreements Professional Engineering Services Amend Amend Agreements s$2 million $100,000 or less 2 Greater than$100,000 Agreements Amend Agreements>$2 million $200,000 or less 2 Greater than$200,000 Transfer funds from CIB contingency account to $47-5200,000*or less per Greater than$'75200,000* projects not included in the CIB project 3 Authorize purchase of itndividual equipment of items and equipment GentingenGy in the to exceed the limit of the No limit Equipment Budget Equipment Budget getlpd-iidd-,-,aal equipment items flj�j on the Equip— $50,999 eFless Ale it Bud Authorize supplemental funds to program budgets NoneNetapplisable No limit and contingency account 5alance Award construction contracts 4 $47521 ,000*or less Greater than$44200,000* Authorize Additive $475200,000*or less Greater than$47-5200,000* Construction No limit;if greater than$200,000, Change Orders Deductive informational announcement to Not applicable Board Authorize sSubcontractor substitutions All substitutions unless protested Substitutions protested by by subcontractor subcontractor Accept cSonstruction project �sseptanGe All projects Informational announcement to Board Memo provided to Board at fiscal Close out project All projects 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$200,000 and which fall under the provisions of the Uniform Public Construction Cost Accounting Act(UPCCAA)(California Public Contract Code§§22042 and 22042.5). *These limits shall be raised concurrently with changes to the UPCCAA(California Public Contract Code§22032(a),representing the threshold above which formal bidding is required. December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 44 of 113 Page 17 of 23 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 10 of 10 €tea Genkadiniv d utheWy ! imito Contracting Authority CATEGORY AC THE PROCUREMENT yr GQGds-and ES vawe Seises ce� ee Re'ects >-$O Delegated Autherity4 GMDelegat ' AwfiGrf[ Required $1 ;AAA R. pmquired D00O po�������,..J1 r f S f•ce�{$tt WI�F6�1@1/EZF'!& 7 O GF$200,000,•.. Required hi..he..e.i� le�� OF theiF to awaFd , e and eRteF !Rt() GORtFaGtS f9F goods and seWwGes within the Board's adopted 9P8FatiRg the GFlglRal agFeement did- Rnt lh;wt; prior Board autherization hena,ise was less than or equal to- Q^nn nnn December 17, 2019 Special ADMIN Committee Meeting Agenda Packet- Page 45 of 113 Page 18 of 23 RESOLUTION N0. 2020- ATTACHMENT B 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. December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 46 of 113 Page 19 of 23 Central Contra Costa Sanitary District Resolution 2020- Page 2 of 2 PASSED AND ADOPTED this day of 2020, by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Michael R. McGill, P.E. 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 December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 47 of 113 Page 20 of 23 ATTACHMENT C RESOLUTION NO. 2020- 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 December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 48 of 113 Page 21 of 23 Resolution No. 2020- 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 2020, by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Michael R. McGill, P.E. 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 December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 49 of 113 Page 22 of 23 RESOLUTION NO. 2020- ATTACHMENT 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 2020, by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Michael R. McGill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 50 of 113 Page 23 of 23 Resolution No. 2020- 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 December 17, 2019 Special ADM IN Committee Meeting Agenda Packet- Page 51 of 113