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Home My WebLink About08. Adopt a resolution and proposed revisions to Board Policy No. BP 037 re easement acceptance and recordingItem 8. BOARD OF DI RECTORS POSIT ION PA PER M E E T ING D AT E:J A NUA RY 19, 2023 S UB J E C T: A D O P T (1) A R E S O L UT I O N NO. 2023-002 D E L E G AT I NG A UT HO R I T Y TO T HE G E NE R A L MA NA G E R TO E X E C UT E E A S E ME NT A C C E P TA NC E S A ND A UT HO R I Z I NG S TA F F TO R E C O R D T HE D O C UME NT S W I T H T HE C O NT R A C O S TA C O UNT Y C L E R K -R E C O R D E R, A ND (2) C O R R E S P O ND I NG P R O P O S E D R E V I S I O NS TO B O A R D P O L I C Y NO. B P 037 – DEL EGAT ION OF AUT HORITY TO GENERAL MANAGER S UB M I T T E D B Y: S T E P HA NI E G R O NL UND , A S S O C I AT E E NG I NE E R I NI T I AT I NG D E PART M E NT: E NG I NE E R I NG A ND T E C HNI C A L S E RV I C E S- P D S-D E V E L O P ME NT S E RV I C E S-MA I NL I NE R E V I E W RE V IE WE D B Y:D A NA L AW S O N, S E NI O R E NG I NE E R D A NE A G E MME L L , P L A NNI NG A ND D E V E L O P ME NT S E RV I C E S D I V I S I O N MA NA G E R Roger S. Bailey General Manager K enton L . Alm District Counsel IS S UE C hanges to the Board of Directors (Board) policies require B oard approval. B AC K G RO UND F or sewer or recycled water mainline extensions, Central S an reviews improvement plans to verif y compliance with the latest edition of Central S an’s Standard Specifications for Design and Construction. As part of the review and permitting process, the Property Owner/Developer (A pplicant) is required to execute an Owner’s I mprovement Agreement for Sewer/R ecycled Water that obligates the A pplicant to January 19, 2023 Regular Board Meeting Agenda Packet - Page 40 of 319 Page 1 of 19 provide, at no cost to Central S an, the necessary easements related to their proposed public infrastructure (Work). Prior to permit issuance f or the Work, Central S an verifies that the A pplicant has provided land right documents that comply with Central S an’s C ode. E xcerpts from D istrict C ode Chapter 7.02 Acceptance of Interests in Real Property (C ode Chapter 7.02) describing acceptable types of easement documents in f avor of C entral San are provided in Attachment 1. After acceptance of the work, current practice is C entral San staff recommends to the Board to adopt a job-specific resolution to accept the easement(s) as outlined in C ode S ections 7.02.030.B.1 and 7.02.050.B .1 shown as option 1 of Attachment 2 and authorizing staf f to record the documents with the C ontra C osta C ounty Clerk-R ecorder. Staf f is recommending using the alternative practice as outlined in Code Sections 7.02.030.B .2 and 7.02.050.B .2 shown as option 2 of Attachment 2; where execution and recording of a “Certification of Acceptance” by the General Manager accepting the easement(s). T he associated C ode excerpts f rom C hapter 7.02 are highlighted in Attachment 2 to dif f erentiate between the current (option 1) and alternate (option 2) practices. To f ollow the alternate practice, a proposed R esolution (Attachment 3) is required f or the Board to delegate authority to the General Manager to execute a “Certificate of E asement Acceptance” (Samples included as Attachment 4) and to record the documents. P lease note that the proposed Resolution retains the B oard’s sole power to accept, execute, and authorizing the recording of easement acceptances related to condemnation proceedings or where Central S an is obligated to pay for an easement. T his authority, with the same limitations, would be in B P 037 – Delegation of Authority to General Manager, as shown in Attachment 5 on page 4 with the proposed update. Annually, C entral San staff will report the prior year ’s acceptances to the Real Estate, E nvironmental and Planning C ommittee and then the f ull Board. ALT E RNAT I V E S /C O NS I D E RAT IO NS T he B oard could either (a) choose not to adopt the proposed resolution and revisions to B P 037 or (b) provide some other direction to staff. F I NANC IAL I M PAC T S Staf f anticipates some time savings by adopting the R esolution and revisions to B P 037, which are associated with preparing individual position papers for each job as it is completed and presenting it to the Committee and Board. C O M M I T T E E RE C O M M E ND AT IO N T he Administration Committee reviewed this matter at its meeting on J anuary 3, 2023 and recommended approval. January 19, 2023 Regular Board Meeting Agenda Packet - Page 41 of 319 Page 2 of 19 RE C O M M E ND E D B O ARD AC T I O N Adopt (1) the proposed Resolution delegating authority to the General Manager to execute easement acceptances and authorizing staf f to record the documents with the Contra Costa County C lerk- R ecorder's Office, and (2) corresponding proposed revisions to B P 037 – Delegation of Authority to General Manager. Strategic Plan Tie-I n G O A L O N E: Customer and C ommunity Strategy 1 – Deliver high-quality customer service G O A L S I X: I nfrastructure Reliability Strategy 1 - Manage assets optimally AT TAC HM E NT S : D escription 1. District Code excerpt on acceptable types of E asement Documents 2. District Code excerpts on A cceptance Process 3. P roposed Resolution 4. S amples C ert of Easement A cceptances 5. P roposed revisions to B P 037 (strike-through) January 19, 2023 Regular Board Meeting Agenda Packet - Page 42 of 319 Page 3 of 19 ATTACHMENT 1 Chapter 7.02 - ACCEPTANCE OF INTERESTS IN REAL PROPERTY (Acceptable types of easement documents in favor of Central San) 7.02.020 - Irrevocable offers of dedication, requirement of acceptance. A. An offer of dedication ("offer") can be submitted by subdivision map to any local public agency for approval pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or directly to the District by separate instrument. B. An offer can be made for an area partially or completely within the District's boundaries, or for an area which is intended to be annexed to the District pursuant to the development of that subdivision. C. An offer of dedication of an easem ent or public right -of-way, such as a street, road, trail or path, explicitly or implicitly for sewer/recycled water purposes shall be deemed to be an irrevocable offer of dedication ("irrevocable offer") in favor of the District. The rejection of an offer by any other local public agency shall not affect the irrevocable offer potentially available to the District or the District's right to later accept such offers for sanitary sewer/recycled water purposes. D. Prior to the District issuing a permit for construction, the applicant shall submit documentation conclusively demonstrating that adequate rights -of-way were acquired in favor of the District. This documentation shall be by one or more of the following instruments, on forms acceptable to the District and suitable for recording: 1. Evidence of submittal of a subdivision map, which was favorably reviewed by the District, for approval to the county or city with jurisdiction pursuant to the Subdivision Map Act; 2. Submittal of properly executed irrevo cable offers; 3. Submittal of documents reflecting appurtenant rights pursuant to the provisions of Chapter 7.04 of this code; and/or 4. Grants of easement or similar documents. General or specific-case authority to receive and record irrevocable offers may be delegated to the General Manager by resolution of the Board. E. Neither the receipt nor recording by the District of an irrevocable offer nor a property owner's filing of a subdivision map shall constitute acceptance of the offer. January 19, 2023 Regular Board Meeting Agenda Packet - Page 43 of 319 Page 4 of 19 ATTACHMENT 2 Chapter 7.02 - ACCEPTANCE OF INTERESTS IN REAL PROPERTY (Easement Acceptance Process) 7.02.030 - Irrevocable offers of dedication—Acceptance. A. The District may accept any irrevocable offer in its entirety or limited to certain locations within a larger dedication. B. Except those real property interests stated in Chapter 7.01, an irrevocable offer shall be accepted by the District only by either: 1. Adoption and recording of a resolution of the Board ; or 2. By execution and recording of a "Certification of Acceptance" by the General Manager pursuant to a resolution of the Board delegating general or specific case authority to accept offers of dedication . 7.02.050 - Grants of easement—Acceptance. A. Notwithstanding the rights and prerogatives granted under this chapter, the District reserves to itself the power to acquire grants of easements for sewer/recycled water purposes when, in its discretion, it determines tha t it is advisable to do so. The grants of easements shall be accepted by the District only by either: 1. Adoption and recording of a resolution of the Board ; or 2. By execution and recording of a "Certification of Acceptance" by the General Manager pursuant to a resolution of Board delegating general or specific case authority to accept offers of dedication . Current Practice: option 1 Alternate Practice: option 2 January 19, 2023 Regular Board Meeting Agenda Packet - Page 44 of 319 Page 5 of 19 RESOLUTION NO. 2023-002 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING THE GENERAL MANAGER TO EXECUTE EASEMENT ACCEPTANCES AND RECORD THE EASEMENT DOCUMENTS FOR SANITARY SEWER AND RECYCLED WATER PURPOSES NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Central San) as follows: THAT having determined it is an appropriate staff function to accept easements and rights-of-way for sewer/ recycled water that were obtained voluntarily and at no cost to Central San, and further defined below: 1. Irrevocable Offers of Dedication as defined pursuant Chapter 7.02 – ACCEPTANCE OF INTERESTS IN REAL PROPERTY of Central San’s Code (Code):  Offer of dedication submitted by a Subdivision Map to any local agency for approval pursuant to Subdivision Map Act (California Government Code 66410 et seq.).  Offer of dedication directly to Central San by separate instrument.  Offer of dedication of public easement or public right-of-way that explicitly or implicitly for sewer/ recycled water purpose shall be deemed an irrevocable offer in favor of Central San and the rejection of this public offer by another agency shall not affect Central San’s rights to accept such offers for sewer/ recycled water purpose. 2. Grants of Easement as defined pursuant to Section 7.02.050 – Grants of Easements – Acceptance of Code THAT the Board grants to the General Manager or their designee general authority and power to execute “Certificate of Easement Acceptance” for above defined easements, and record the said Certificate with the appropriate easement documents; and THAT the Board has retained sole power to approve, execute and authorize the recording of easements that were acquired through the condemnation proceedings, or obtained at a cost to Central San; and THAT staff is authorized to record this resolution and appropriate easement documents at the Contra Costa County Clerk-Recorder office. Attachment 3 January 19, 2023 Regular Board Meeting Agenda Packet - Page 45 of 319 Page 6 of 19 Central Contra Costa Sanitary District Resolution No. 2023-002 Page 2 of 2 PASSED AND ADOPTED this 19th day of January 2023 by the Board of Directors of Central San by the following votes: AYES: Members: NOES: Members: ABSENT: Members: Barbara Hockett 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 19, 2023 Regular Board Meeting Agenda Packet - Page 46 of 319 Page 7 of 19 ATTACHMENT 4 RECORDING REQUESTED BY: CENTRAL CONTRA COSTA SANITARY DISTRICT AFTER RECORDING RETURN TO: c/o STEPHANIE R. GRONLUND MAINLINE REVIEW SECTION PLANNING & DEVELOPMENT SERVICES DIVISION ENGINEERING & TECHNICAL SERVICES DEPARTMENT CENTRAL SAN 5019 IMHOFF PLACE MARTINEZ, CA 94553-4392 APN XXX-XXX-XXX <or> Various (Refer to Subdivision Map XXXX) Job XXXX - ROW Parcel XX CERTIFICATE OF EASEMENT ACCEPTANCE (for Previously Recorded/Filed Offer(s) of Dedication) PURSUANT TO RESOLUTION NO. 2023-_____ of the Central Contra Costa Sanitary District (Central San), previously recorded/filed Offer(s) of Dedications, as detailed in Exhibit A, is/are hereby accepted, and authorized for recording with this certificate. Dated: _____________________ ______________________________________ (Notarial acknowledgment required) Danea Gemmell, Division Manager Planning and Development Services Division Engineering and Technical Services Department Central Contra Costa Sanitary District /// /// Attachments: - Notary Statement - Exhibit A SAMPLE 1 (PAGE 1 OF 2)January 19, 2023 Regular Board Meeting Agenda Packet - Page 47 of 319 Page 8 of 19 EXHIBIT A EASEMENT ACCEPTANCE (for Previously Recorded/Filed Offer(s) of Dedication) By Subdivision Map(s) Offered by: __________________________ Offered to(1): __________________________ Map Name: __________________________ Filed Date: __________________________ Filed in: __________________________ Filed with: Contra Costa County Clerk-Recorder By Separate Instruments Offered by: __________________________ Offered to(1): __________________________ Document Name: __________________________ Recording Info: __________________________ Recording Date: __________________________ Recorded with: Contra Costa County Clerk-Recorder /// /// /// (1) Pursuant to Chapter 7.02 Central San’s Code, offers of dedications of public easement or public right of way that are explicitly or implicitly for sewer/recycled water purpose shall be deemed to an irrevocable offer in favor of Central San and the rejection of this public offer by another agency shall not affect Central San’s rights to accept such offers for sewer/recycled water purpose. SAMPLE 1 (PAGE 2 OF 2)January 19, 2023 Regular Board Meeting Agenda Packet - Page 48 of 319 Page 9 of 19 CERTIFICATE OF EASEMENT ACCEPTANCE (as an Attachment to an unrecorded Grant of Easement) PURSUANT TO RESOLUTION NO. 2023-_____ of the Central Contra Costa Sanitary District (Central San), the following Grant of Easement(s) is/are accepted and authorized for recording with this certificate. The following document(s) shall be recorded: ☐ Grant of Easement (GOE): Job XXXX - ROW Pcl XX, includes: - Original unrecorded GOE - Exhibits A (Legal Description) and Exhibit B (Plat), if referenced in GOE - Original Notary Statement(s) - This Certificate of Easement Acceptance <<Delete if only one GOE>> ☐ Grant of Easement (GOE): Job XXXX - ROW Pcl XX, includes: - Original signed and notarized GOE - Exhibits A (Legal Description) and Exhibit B (Plat), if referenced in GOE - Original Notary Statement(s) - This Certificate of Easement Acceptance Dated: _____________________ ______________________________________ (Notarial acknowledgment required) Danea Gemmell, Division Manager Planning and Development Services Division Engineering and Technical Services Department Central Contra Costa Sanitary District /// /// ///SAMPLE 2January 19, 2023 Regular Board Meeting Agenda Packet - Page 49 of 319 Page 10 of 19 Attachment 5 Number: BP 037 Authority: Board of Directors Adopted: 8/16/2018August 16, 2018 Revised: 01/17/2020, 01/21/2021, 10/21/2021,- January 19, 2023 Reviewed: 06/17/21, 10/5/21January 3, 2023 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. 2020-002 the authority to order any emergency action pursuant to PCC §22050(a)(1) as follows: January 19, 2023 Regular Board Meeting Agenda Packet - Page 50 of 319 Page 11 of 19 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 2 of 9 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 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. 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 19, 2023 Regular Board Meeting Agenda Packet - Page 51 of 319 Page 12 of 19 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. Rejection 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 January 19, 2023 Regular Board Meeting Agenda Packet - Page 52 of 319 Page 13 of 19 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 4 of 9 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. Easement Acceptances. Pursuant to Resolution No. 2023-002, the General Manager is authorized to accept, execute, and record with the County Recorder’s Office easement acceptances as defined by District Code 7.02. However, the Board has retained the sole power to accept, execute and authorize the recording of easement acceptances related to condemnation proceedings or where Central San is obligated to pay for an easement. c. 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. cd. 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. January 19, 2023 Regular Board Meeting Agenda Packet - Page 53 of 319 Page 14 of 19 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 5 of 9 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. de. 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. ef. 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. January 19, 2023 Regular Board Meeting Agenda Packet - Page 54 of 319 Page 15 of 19 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 6 of 9 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. 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 January 19, 2023 Regular Board Meeting Agenda Packet - Page 55 of 319 Page 16 of 19 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 7 of 9 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: 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). January 19, 2023 Regular Board Meeting Agenda Packet - Page 56 of 319 Page 17 of 19 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 8 of 9 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 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 19, 2023 Regular Board Meeting Agenda Packet - Page 57 of 319 Page 18 of 19 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 (CIP/CIB) None No limit Transfer funds to individual project budgets $500,000 or less 1 Greater than $500,000 Enter into Agreements Professional Consulting Services $200,000 or less Greater than $200,000 Technical Consulting Services Professional Engineering Services Amend Agreements Amend Agreements ≤ $2 million $100,000 or less 2 Greater than $100,000 Amend Agreements > $2 million $200,000 or less 2 Greater than $200,000 Transfer funds from CIB contingency account to projects not included in the CIB $200,000* or less per project 3 Greater than $200,000* Authorize purchase of individual equipment items Not to exceed the limit of the Equipment Budget No limit Authorize supplemental funds to program budgets and contingency account None No limit Award construction contracts 4 $200,000* or less Greater than $200,000* Authorize Construction Change Orders Additive $200,000* or less Greater than $200,000* Deductive No limit; if greater than $200,000, informational announcement to Board Not applicable Authorize subcontractor substitutions All substitutions unless protested by subcontractor Substitutions protested by subcontractor Accept construction projects All projects Informational announcement to Board Close out projects All projects Memo provided to Board at fiscal year end Acquire easements $200,000 or less Greater than $200,000 1 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 19, 2023 Regular Board Meeting Agenda Packet - Page 58 of 319 Page 19 of 19