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HomeMy WebLinkAbout02. Adopt a resolution authorizing Board Policy BP 037 delegating authority to the General Manager Page 1 of 14 Item 2. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: JANUARY27, 2022 SUBJECT: ADOPT RESOLUTION NO. 2022-006 TO FORMALLY AUTHORIZE THE GENERAL MANAGER'S DELEGATION OF AUTHORITY PROVIDED IN BOARD POLICY NO. BP 037 SUBMITTED BY: INITIATING DEPARTMENT: AMELIA BERUMEN, ASSISTANT TO THE SECRETARYOF THE DISTRICT SECRETARY OF THE DISTRICT REVIEWED BY: KATIE YOUNG, SECRETARYOF THE DISTRICT I La�'- Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE Health and Safety Code Section 6487 stipulates the Board may, by resolution, authorize the execution of particular contract-type and similar documents in the name of the District. In 2018, the District rescinded prior authority-type resolutions and replaced with Board Policy No. BP 037 - Delegation of Authority to General Manager, which should be formally authorized by a resolution for compliance. BACKGROUND District Code provides the General Manger administrative authority and responsibility for the operation of the District, including authority to execute all contracts, warrants, receipts and similar documents in accordance with the Health and Safety Code referenced above. This had been handled by resolutions, the last in 2016, which were rescinded and replaced with a comprehensive Board Policy. The Board Policy (BP 037) provides a single reference document of the authorities delegated to the General Manager, and references other subsequent resolutions that provide additional authorization clarity. January 27, 2022 Special Board Meeting Agenda Packet- Page 17 of 84 Page 2 of 14 During a recent review of the District Code, it was discovered that this policy should be formally adopted by a resolution for compliance with the Health and Safety and District codes. Additionally, the policy is reviewed biennially, at a minimum, or as required for the needs of business operation. The proposed resolution adopts the current Board Policy and any subsequent Board approved policy updates thereto. ALTERNATIVES/CONSIDERATIONS The Board may choose not to adopt the proposed resolution and carry forth with only the Board approved policy. Although this action does not increase or decrease the authority granted to the General Manager, it would not be in full compliance with the code. FINANCIAL IMPACTS There is no financial impact associated with this request. COMMITTEE RECOMMENDATION The Administration Committee reviewed this matter at its January 18, 2022 meeting and recommended approval of the proposed resolution. RECOMMENDED BOARD ACTION Adopt the proposed resolution formally authorizing the General Manager's Delegation of Authority as stipulated in Board Policy No. BP 037. ATTACHMENTS: 1. Proposed Resolution January 27, 2022 Special Board Meeting Agenda Packet- Page 18 of 84 Page 3 of 14 RESOLUTION NO. 2022-006 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DELEGATING CERTAIN AUTHORITIES TO THE GENERAL MANAGER AS SET FORTH IN BOARD POLICY NO. BP 037 WHEREAS, District Code paragraph 2.08.030 provides the General Manager the administrative authority and responsibility for the operation of the District pursuant to the California Health and Safety Code Section 6487; and WHEREAS, California Health and Safety Code Section 6487 stipulates the Board of Directors may authorize the General Manager and his or her staff the authority to execute documents on behalf of the District by a resolution; and WHEREAS, prior resolutions adopted for such authority were subsequently rescinded and replaced by a comprehensive Board Policy entitled BP 037 — Delegation of Authority to General Manager. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District the delegation of certain authorities to the General Manager as stipulated and adopted in Board Policy No. BP 037 — Delegation of Authority to General Manager; and THAT Exhibit A attached hereto provides Board Policy No. BP 037 and by this reference is made a part of this Resolution, including any subsequent Board approved update to said policy. PASSED AND ADOPTED this 27th day of January 2022, by the Board of Directors of the Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young, Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California January 27, 2022 Special Board Meeting Agenda Packet- Page 19 of 84 Page 4 of 14 Central Contra Costa Sanitary District Resolution No. 2022-006 Page 2 of 3 APPROVED AS TO FORM: Kenton L. Alm, Esq. Counsel for the District Exhibit A: Board Policy No. BP 037 January 27, 2022 Special Board Meeting Agenda Packet- Page 20 of 84 Page 5 of 14 Central Contra Costa Sanitary District Resolution No. 2022-006 Page 3 of 3 EXHIBIT A Board Policy No. BP 037 — Delegation of Authority to General Manager (Current Board approved policy) January 27, 2022 Special Board Meeting Agenda Packet- Page 21 of 84 Page 6 of 14 EXHIBIT A Number: BP 037 Authority: Board of Directors Adopted: 8/16/2018 _ Revised: 01/17/2020, 01/21/2021, 10/21/2021 Reviewed: 06/17/21, 10/5/21 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. 2020-002 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 27, 2022 Special Board Meeting Agenda Packet- Page 22 of 84 Page 7 of 14 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. 2020-003, 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. Managinq 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 27, 2022 Special Board Meeting Agenda Packet- Page 23 of 84 Page 8 of 14 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 3 of 9 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 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. 2020-004, 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. 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, Leasing, and other Real 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 January 27, 2022 Special Board Meeting Agenda Packet- Page 24 of 84 Page 9 of 14 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 4 of 9 $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, Encroachment Permits, Licenses, etc. The General Manager is authorized to purchase or otherwise obtain rights of entry and approve restoration agreements, encroachment permits, licenses, 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. The General Manager is authorized to grant rights of entry and approve restoration agreements, encroachment permits, licenses, real property agreements, and similar documents affecting access to or use of Central San's real property if such grant does not unreasonably restrict or impair the carrying out of Central San activities. C. Real Property Agreements. Pursuant to Resolution No. 2021-008, the General Manager is authorized to approve, execute, and record with the County Recorder's Office real property agreements intended to address any existing and/or proposed Class One encroachments as well as existing known and unknown Class Two encroachments as defined by District Code 7.15.010. However, the Board has retained the sole power to approve, execute and authorize the recording of any real property agreements related to new Class Two encroachments, as defined by District Code 7.15.010. Any such proposed new Class Two encroachments shall continue to be presented to the Board for consideration. d. 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. January 27, 2022 Special Board Meeting Agenda Packet- Page 25 of 84 Page 10 of 14 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 5 of 9 e. 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. 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 Aqreement 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. January 27, 2022 Special Board Meeting Agenda Packet- Page 26 of 84 Page 11 of 14 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 6 of 9 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. 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 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. January 27, 2022 Special Board Meeting Agenda Packet- Page 27 of 84 Page 12 of 14 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 7 of 9 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: 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. ManagerAppointments. 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 for up to 24 months to backfill positions vacated due to an extended leave of absence or as necessary to January 27, 2022 Special Board Meeting Agenda Packet- Page 28 of 84 Page 13 of 14 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 8 of 9 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 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 27, 2022 Special Board Meeting Agenda Packet- Page 29 of 84 Page 14 of 14 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 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 27, 2022 Special Board Meeting Agenda Packet- Page 30 of 84