HomeMy WebLinkAbout08. Consider revisions to BP 037-Delegation of Authority to General Manager and adopting 3 resolutions Page 1 of 32
Item 8.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: JANUARY 16, 2020
SUBJECT: CONSIDER ADOPTING PROPOSED: (1) REVISIONS TO BOARD POLICY
NO. BP 037 - DELEGATION OFAUTHORITYTO GENERAL MANAGER; AND
(2) RESOLUTION NOS. 2020-002 THROUGH 2020-004 DELEGATING
AUTHORITY FOR EMERGENCY POWERS, EMERGENCY OPERATIONS
PLAN, AND CLAIMS SETTLEMENT
SUBMITTED BY: INITIATING DEPARTMENT:
DONNA ANDERSON, ASSISTANT TO THE SECRETARYOF THE DISTRICT
SECRETARY OF THE DISTRICT
KATIE YOUNG, SECRETARY OF THE
DISTRICT
REVIEWED BY: EDGAR LOPEZ, CAPITAL PROJECTS DIVISION MANAGER / SHARI
DEUTSCH, RISK MGMTADMINISTRATOR
STEPHANIE KING, PURCHASING AND MATERIALS MANAGER
JEAN-MARC PETIT, DIRECTOR OF ENGINEERINGAND TECHNICAL
SERVICES
PHIL LEIBER, DIRECTOR OF FINANCE AND ADMINISTRATION /ANN
SASAKI, DEPUTY GENERAL MANAGER
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
Changes to Board policies require Board approval.
January 16, 2020 Regular Board Meeting Agenda Packet- Page 96 of 232
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BACKGROUND
On August 16, 2018, the Board adopted Board Policy No. BP 037 — Delegation ofAuthority to General
Manager, which consolidated and clarified into 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, staff returned to the Committee with a number of proposed changes and updates to
BP 037, all of which are summarized in Attachment 1 to this Position Paper.
Also at the October 22, 2019 meeting, District Counsel Kent Alm pointed out that under the current delegation
of authority, the General Manager is authorized to enter into contracts for the purchase of goods and services
with no authorization limit other than the Operations and Maintenance budget. While this authority limit has
been in place for decades, he initiated a discussion as to whether there should be any limit on staff authority for
entering into such 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. District Counsel has suggested that the Board address this issue one way or the
other to make clear its delegation of authority in this regard. Before making any recommendation to the Board,
the Committee asked staff to gather information about procurement practices within the industry and among
local agencies.
On December 17, 2019, staff met again with the Committee to inform it that staff has done the research but
would like more time to discuss the impact on existing procurement processes if limitations on General Manager
authority were to be implemented. The Committee was informed that this topic is expected to be agendized for
further discussion with the Committee and the full Board in early 2020.
1 n the meantime, staff requested the Committee's approval to move forward with all of the other proposed
revisions except those that may pertain to changes in the authority limit for contracts for goods and
services. If further changes are needed after the discussion in early 2020 on the authority limit regarding
contracts for goods and services, staff will return with a new Position Paper solely for that purpose.
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 Board approval with a wording change to Section 3. Emergency
Operations Plan and the underlying proposed resolution, which have been incorporated in the strikeout
policy and resolution attached.
January 16, 2020 Regular Board Meeting Agenda Packet- Page 97 of 232
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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
Emergency Operations Plan, and
Claims settlement.
Strategic Plan re-In
GOAL TWO: Strive to Meet Regulatory Requirements
Strategy 3- Comply with all federal, state, and local regulations related to District administration
ATTACHMENTS:
1. Summary of Proposed Changes
2. BP 037 (in strikeout)
3. BP 037 (with proposed changes incorporated)
4. Proposed resolution re emergency powers (4/5ths affirmative vote required)
5. Proposed resolution re Emergency Operations Plan (in strikeout)
6. Proposed resolution re claims settlement (in strikeout)
January 16, 2020 Regular Board Meeting Agenda Packet- Page 98 of 232
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ATTACHMENT 1
SUMMARY OF PROPOSED CHANGES TO
BP 037 — DELEGATION OF AUTHORITY TO GENERAL MANAGER
The following updates/changes are being proposed to Board Policy No. BP 037
— Delegation of Authority to General Manager. They appear in strikeout in Attachment 2
and in finalized form in Attachment 3.
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 a new Board
policy (BP 037), which incorporated 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 4/5tns vote. Because
the 2011 resolution was rescinded, there is currently no resolution in place delegating this
authority to the General Manager. Thus, staff proposes adoption of the attached resolution
(Attachment 4), which will thereafter be cited in the Emergency Powers section.
SECTION 3. Emergency Operations Plan. The Administration Committee
recommended that this section should delegate the authority to the General Manager to
appoint a Director of Emergency Services who is empowered 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 incorporating language recommended by the Administration Committee
(shown in strikeout in Attachment 5), 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 Operations Plan section.
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. In
reviewing this section with District Counsel, it was suggested that the term "claims" be
clarified to reflect 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 (shown in strikeout in
Attachment 6) incorporating this clarification, which will be cited in the Claims Handling
section.
Page 1 of 3
January 16, 2020 Regular Board Meeting Agenda Packet- Page 99 of 232
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SECTION 6. Easement Acquisitions and Leasing Property. There is currently no
limit on the General Manager's authority to acquire easements. District Counsel
considers it a best practice to have an authority limit in place. 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. 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 JPAs 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 (Informal Bidding) 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 report via periodic 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, consistent with the proposed increased
authority limit.
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 contracts for goods and services with no
authorization limit other than the Operations and Maintenance budget. As mentioned in
the Position Paper, staff will be scheduling a further in-depth discussion with the
Administration Committee on this practice in early 2020.
Page 2 of 3
January 16, 2020 Regular Board Meeting Agenda Packet- Page 100 of 232
Page 6 of 32
NEW SECTION 15. Records Management Program. This 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.
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 will
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
January 16, 2020 Regular Board Meeting Agenda Packet- Page 101 of 232
Page 7 of 32
FkTTACHMENT 2
Number: BP 037
Authority: Board of Directors
Adopted: 8/16/18 Draft
Revised: _/ /20
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. 2020- 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 blip 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
January 16, 2020 Regular Board Meeting Agenda Packet- Page 102 of 232
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Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
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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 $4960,000), 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 Operations Plan
a. Director of Emergency Services. The General Manager is delegated the
authority to appoint a deSigRated as the Director of Emergency Services and
has the authority set forth in Resolution No. 2020- 2010-089, 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.
January 16, 2020 Regular Board Meeting Agenda Packet- Page 103 of 232
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Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
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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 +he
amoUn+ of Gen+ral Can's- Glaim (omnunt no�Y i) does not eXGeed the
monetary limits of the ii iris din+ion 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 other
administrative aGtiORs neGessary to pursue appropriate remedies OR Small Clam
(nein, OR GIi irdli i i appearing en behahalcnacvCentral San..
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. 204-20- x-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 +ho+All settlements greater
thanhe+�a $25,000 and less than $50,000 will be reported promptly to
the Board as informational items at a publicly-noticed Board meeting.
January 16, 2020 Regular Board Meeting Agenda Packet- Page 104 of 232
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Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
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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. This
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. Funding. 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 Projects. The General Manager is
authorized to execute Joint Powers Agreements
and similar cooperative agreements with cities, counties, special districts
January 16, 2020 Regular Board Meeting Agenda Packet- Page 105 of 232
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Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
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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 $4200,000.
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 $4200,000 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-and--B.
9. Professional Consulting Agreemer,+c� Technical Consulting Agreemer +c
and Professional Engineering Services Agreements
a. New Agreement Authorization Limit. The General Manager is authorized
to approve and execute services agreements for Professional Consulting
greements Technical Consulting Agreements and Professional
Engineering Agreements that do not exceed $499200,000 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) Current9righ3al Agreement - $42 Million or Less. For vrsuGhr
agreements with an original amount of $ 1 million or lose or less the
0
amendments must he less than the greater of 15 neroent of the
original agreement amoUnt er $100,000.For agreements with a
current amount of $2 million or less, the amendments shall not
exceed $100,000.
2) mal-Current Agreement— More than $42 Million. For SUGh
agreements with an original amount of more than $1 million the
January 16, 2020 Regular Board Meeting Agenda Packet- Page 106 of 232
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DELEGATION OF AUTHORITY TO GENERAL MANAGER
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amendments must be loss than the greater of 10 neroent of the
original agreement amount er $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. AR
amendment to such an agreement whioh did not initially require
Board approval may not pause the agreement to eXGeed the
approval.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.
C. 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 ASB.
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-a 4-B.
January 16, 2020 Regular Board Meeting Agenda Packet- Page 107 of 232
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DELEGATION OF AUTHORITY TO GENERAL MANAGER
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11. Contracts for Goods and Services
a. Limited by Annual Operatinq Budget The General Manager and Purchasing
and Materials Manager are authorized to award and enter into contracts and
purchase orders for goods and services wit"iR that are not "professional
services" or "public works contracts," such as utilities, maintenance services,
equipment, chemicals and supplies so long as overall spending does not
exceedw+thon 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: Appoint 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
January 16, 2020 Regular Board Meeting Agenda Packet- Page 108 of 232
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DELEGATION OF AUTHORITY TO GENERAL MANAGER
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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
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 Program
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]
January 16, 2020 Regular Board Meeting Agenda Packet- Page 109 of 232
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DELEGATION OF AUTHORITY TO GENERAL MANAGER
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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 Nolimit Greater than$500,000
AmendEnter
Professional Consulting Services
into Technical Consulting Services $4200,000 or less Greater than$4200,000
Agreements
Professional Engineering Services
Amend Amend Agreements<_$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$47-5200,000*
projects not included in the CIB project 3
Authorize purchase of i1ndividual equipment Up W amGunt SpeGified In Not
items and equipmeRt G9Rt1Rg8RGy iR the to exceed the limit of the No limit
Eq 'nment R ,kjet Equipment Budget
individual equipment'tome not On the Equip
$50,000 or leis No limit
Gudgets
Authorize supplemental funds to program budgets NoneNot applicable No limitSewer Gonstr-N-fien Fund
and contingency account bafanse
Award construction contracts 4 $47-5200,000*or less Greater than$47-5200,000*
Authorize Additive $47-5200,000*or less Greater than$47-5200,000*
Construction No limit; if greater than$200,000, No Board authorization required
Change Orders Deductive informational announcement to Not applicable
Board
Authorize sSubcontractor 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.
January 16, 2020 Regular Board Meeting Agenda Packet- Page 110 of 232
Page 16 of 32
Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
Page 10 of 10
EXHIBIT
Contrentinry /1 uthority Lir—nits
Contracting Authority
CATEGORY OF THE PROCUREMENT
Profession�1
Goods and Consulting Pub"G We
Vatue C e ra ii G" C e rvcfvic-es PTGjeGtS4
11 GM Delegated Authorit
88 ��
Board A +heriza+yen
Cnn neie..a+ed AuthGrity
`` $175,000
A�''CC nn Roarrl A therization
00 Re
Board A +hnriza+mnn
Change Orders > $175,000
Reqwred
Amending Agreements :5
Board Author E zatmon
$1,000O
'.Ghever � ' Reor quired
Amending Agreements > Board Author E zatmon
. 0
$1,000,000 e , Re
quired
whii.hever is loss
4 The -Rn--:;rd 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 wheR
the original agreement did not have prior Board authorization because it was less than or equal to
!(lr;oinal retained by the Secretary of the !!;strict!
January 16, 2020 Regular Board Meeting Agenda Packet- Page 111 of 232
Page 17 of 32
ATTACHMENT 3
Number: BP 037
Authority: Board of Directors
Adopted: 8/16/18 Draft
Revised: _/ /20 Atvi
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. 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 required by an
emergency, as defined in PCC §1102, and to procure the necessary
January 16, 2020 Regular Board Meeting Agenda Packet- Page 112 of 232
Page 18 of 32
Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
Page 2 of 9
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.
b. Reporting 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. Emergency Operations Plan
a. Director of Emergency Services. The General Manager is delegated the
authority to appoint a Director of Emergency Services and has the authority
set forth in Resolution No. 2020- , or as set forth in 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.
d. Ratification of Proclamation of Local Emergency. The Board shall meet within
seven (7) days of proclamation of the local emergency to ratify the
January 16, 2020 Regular Board Meeting Agenda Packet- Page 113 of 232
Page 19 of 32
Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
Page 3 of 9
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 pursue civil remedies against persons or
entities in California Small Claims Court, including seeking judgments and any
other remedies available within its jurisdiction.
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. 2020- , 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. Reportinq of Settlements. All settlements greater than $25,000 and less
than $50,000 will be reported promptly to the Board as informational items
at a publicly-noticed Board meeting.
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. This
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
January 16, 2020 Regular Board Meeting Agenda Packet- Page 114 of 232
Page 20 of 32
Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
Page 4 of 9
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. Funding. 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 Projects. The General Manager is
authorized to execute Joint Powers Agreements 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 $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.
January 16, 2020 Regular Board Meeting Agenda Packet- Page 115 of 232
Page 21 of 32
Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
Page 5 of 9
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 $200,000 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 Exhibit A.
9. Professional Consulting, Technical Consulting and Professional
Engineering Services Agreements
a. New Agreement Authorization Limit. The General Manager is authorized
to approve and execute services agreements for Professional Consulting,
Technical Consulting and Professional Engineering that do not exceed
$200,000 in total cost.
b. Agreement Amendments. The General Manager is authorized to amend
services agreements for Professional Consulting, Technical Consulting
and Professional Engineering as follows:
1) Current Agreement - $2 Million or Less. For agreements with a
current amount of $2 million or less, the amendments shall not
exceed $100,000.
2) Current Agreement— More than $2 Million. 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 $200,000.
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.
C. Reportinq 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.
January 16, 2020 Regular Board Meeting Agenda Packet- Page 116 of 232
Page 22 of 32
Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
Page 6 of 9
See Exhibit A.
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 Exhibit A.
11. Contracts for Goods and Services
a. Limited by Annual Operating Budget. The General Manager and Purchasing
and Materials Manager are authorized to award and enter into contracts and
purchase orders for goods and services that are not "professional services" or
"public works contracts," such as utilities, maintenance services, equipment,
chemicals and supplies so long as overall spending does not exceed the
Board's annual adopted operating budget, 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:
January 16, 2020 Regular Board Meeting Agenda Packet- Page 117 of 232
Page 23 of 32
Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
Page 7 of 9
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: 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
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 Program
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
January 16, 2020 Regular Board Meeting Agenda Packet- Page 118 of 232
Page 24 of 32
Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
Page 8 of 9
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]
January 16, 2020 Regular Board Meeting Agenda Packet- Page 119 of 232
Page 25 of 32
Number: BP 037
DELEGATION OF AUTHORITY TO GENERAL MANAGER
Page 9 of 9
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 Greater than$500,000
Professional Consulting Services
Enter into Technical Consulting Services $200,000 or less Greater than$200,000
Agreements
Professional Engineering Services
Amend Amend Agreements<_$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 $200,000*or less per Greater than$200,000*
projects not included in the CIB project 3
Authorize purchase of individual equipment Not to exceed the limit of the No limit
items Equipment Budget
Authorize supplemental funds to program budgets
None No limit
and contingency account
Award construction contracts 4 $200,000*or less Greater than$200,000*
Authorize Additive $200,000*or less Greater than$200,000*
Construction No limit; if greater than$200,000,
Change Orders Deductive informational announcement to Not applicable
Board
Authorize subcontractor substitutions All substitutions unless protested Substitutions protested by
by subcontractor subcontractor
Accept construction projects 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
L
' 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.
January 16, 2020 Regular Board Meeting Agenda Packet- Page 120 of 232
Page 26 of 32
RESOLUTION NO. 2020-
ATTACHMENT 4
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.
January 16, 2020 Regular Board Meeting Agenda Packet- Page 121 of 232
Page 27 of 32
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
January 16, 2020 Regular Board Meeting Agenda Packet- Page 122 of 232
Page 28 of 32
ATTACHMENT 5
RESOLUTION NO. 2020-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
RE-AFFIRMING ADOPTION OF THE DISTRICTDISTRICT'S EMERGENCY
OPERATIONS PLAN, AUTHORIZINGAPPOINTING THE GENERAL MANAGER TO
APPOINT AS—T-,€ DIRECTOR OF EMERGENCY SERVICES, DEFINING THE
AUTHORITY OF THE DIRECTOR OF EMERGENCY SERVICES, AND RESCINDING
RESOLUTION 95 077NO. 2010-089
WHEREAS, there are many natural and technological hazards which threaten theCentral
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
NOW THEREFORE, BE IT RESOLVEDyWHEREAS, on October 7, 2010 the Board of
Directors of theadopted Central C�tra r--n- Sa„Ttary District that the Board of fired
reSGinds Resolution Cis 077 and resolves that--.
The nDiSt iGtSan's updated Emergency Operations Plan supersedes, which superseded the
Dis+�s Comprehensive Emergency Management Plan whiGh was adopted on November
2, 1995...; and
T eWHEREAS, 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 thedelegated the authority to appoint a
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
January 16, 2020 Regular Board Meeting Agenda Packet- Page 123 of 232
Page 29 of 32
Resolution No. 2020-
Central Contra Costa Sanitary District
Page 2 of 2
Emergency Services may activate the Di sCentral San's Emergency
Operations Plan and proclaim a local emergency..; and
3 I Inns antiyatinn of the Emergenn\/ OperatiORS DIanTHAT 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
4. TheTHAT the Board of Directors shall meet within seven (7) days of the
PFGGIamati proclamation of the I oval Emergenn\i local emergency to ratify the
Drnnlamatinnproclamation by resolution and authorize continued emergency
operations and recovery actions...; and
5 The DronlamatiOR of Local EmergenGyTHAT the proclamation of local emergency
shall remain in effect for fourteen (14) days from the date of ratification, unless
terminated by Director of Emergency Services and the Board of DircGtors er
extended by the DiroGte$fEorgenGy SeFVOGes and the Beard of Dire rc.Or
extended by the Board of Directors; and
6. TheTHAT the Director of Emergency Services shall be authorized to make
modifications to the Emergency Operations Plan as needed to meet Ghanninn
Giros imstannes and reg ilation&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:
January 16, 2020 Regular Board Meeting Agenda Packet- Page 124 of 232
Page 30 of 32
Resolution No. 2020-
Central Contra Costa Sanitary District
Page 3 of 2
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
January 16, 2020 Regular Board Meeting Agenda Packet- Page 125 of 232
Page 31 of 32
RESOLUTION NO. ATTACHMENT 6
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; and
3. THAT the term "claims" excludes District expenses, including emergency
response costs, incurred as part of the claims adjusting process; and
THAT as of the effective date of this resolution, the exiStt!Rg Center
Resolution No. 24re-0462018-016 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
January 16, 2020 Regular Board Meeting Agenda Packet- Page 126 of 232
Page 32 of 32
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
January 16, 2020 Regular Board Meeting Agenda Packet- Page 127 of 232