SUBJECT

DELEGATES AUTHORITY TO THE STATE WATER RESOURCES CONTROL BOARD TO THE EXECUTIVE DIRECTOR, DEPUTY DIRECTOR, OR CHIEF OF THE DIVISION OF ADMINISTRATIVE SERVICES

DISCUSSION

Resolution 90-14, among other things, delegates authority from the State Water Resources Control Board (SWRCB) to the Executive Director, Deputy Director, or Chief of the Division of Administrative Services to execute loan and grant contracts pursuant to various state and federal programs.

Following the adoption of Resolution 90-14, the voters of California approved the Safe, Clean, and Reliable Water Supply Act of 1996 (1996 Bond Law). While the Chief of the Division of Administrative Services has been executing contracts for projects funded from the 1996 Bond Law, where the SWRCB has approved those projects, it is advisable to update resolution 90-14 to specifically provide that the Executive Director, Deputy Director, or Chief of the Division of Administrative Services are authorized to execute such contracts. The proposed new delegation increases the Resolution 90-14 monetary limit for those contracts which may be executed by designated staff from $200,000 to $500,000 and adds language authorizing execution of contracts pursuant to the 1996 Bond Law. In addition, the proposed delegation deletes language in Resolution 90-14 which stated that funding for the Nondesignated Area 208 Workplan Program and the Energy and Resources Fund Programs has expired, and the SWRCB did not anticipate additional funding. This language was not tied to any delegation to staff in the prior resolution and does not need to be included in the proposed resolution.

POLICY ISSUE

Should the SWRCB adopt the proposed resolution?

FISCAL IMPACT

None.

RWQCB IMPACT

None.

STAFF RECOMMENDATION

The SWRCB should adopt the proposed resolution.

WHEREAS:

1.  The State Water Resources Control Board (SWRCB) wishes to delegate authority to execute contracts and amendments pursuant to the Clean Water Bond Laws of 1970, 1974, 1978, and 1984; the Clean Water and Water Conservation Bond Law of 1978; the Water Conservation and Water Quality Bond Law of 1986; the Clean Water and Water Quality Bond Law of 1988, the federal Clean Lakes Program; and the Safe Clean Reliable Water Supply Act of 1996.

2.  Many routine interagency agreements and contracts must be executed for and on behalf of the SWRCB and the nine RWQCBs.

3.  For the orderly and efficient administration of such contracts, it is desirable to designate appropriate staff to make a final agency determination concerning any dispute arising out of such contracts or relating to the performance thereof.

THEREFORE BE IT RESOLVED:

1.  That the SWRCB hereby authorizes the Executive Director, the Deputy Director , or the Chief of the Division of Administrative Services, to execute, for and on behalf of the SWRCB, contracts and amendments thereto with municipalities and other eligible applicants for loans and grants under Whereas No. 1 and to perform all acts and to do all things necessary and convenient to implement such contracts.

2.  That the SWRCB hereby authorizes the Executive Director to execute for and on behalf of the SWRCB and/or RWQCBs interagency agreements and contracts which individually involve no more than $500,000 or five years duration, and to execute amendments to those interagency agreements or contracts provided that the amendments do not have the effect of making any interagency agreement or contract, as amended involve more than $500,000 or five years duration.

3.  That the SWRCB hereby authorizes the Executive Director to execute, for and on behalf of the SWRCB and/or RWQCBs, amendments to interagency agreements and contracts originally authorized by special resolution of the SWRCB, which in the aggregate will: (1) not exceed twenty-five (25) percent of the original monetary amount or exceed $500,000, whichever is less; (2) not involve any substantial change in the work; or (3) not extend the contract duration for a period greater than one (1) year so long as no cost to the state will be incurred as a result of such extension and such extension does not appear to depart from any SWRCB policy and would not unduly impede other activities of the SWRCB.

4.  That the SWRCB hereby authorizes the Executive Director to execute, for and on behalf of the SWRCB and/or RWQCBs, Budget Act certifications regarding electronic data processing expenditures.

5.  Notwithstanding the foregoing, all contracts with state officers or employees or appointed state officials, or with former state officers or employees or appointed state officials shall comply with the Provisions of Public Contract Code section 10410 et seq., and except for any contract requiring a person’s services as an expert witness in a civil case, shall require approval of the SWRCB.

6.  That the Executive Director, Deputy Director, and the Chief of the Division of Administrative Services are directed in exercising the authority vested in them by this resolution, without restricting the authority specified, to bring any matters to the attention of the SWRCB which are of a unique or unusual nature or which appear to depart from the policies of the SWRCB.

7.  That except as otherwise specifically provided by the SWRCB, the duly authorized representative of the SWRCB for the purpose of making a final determination of any dispute arising under or relating to the performance of any contracts, including, but not limited to; contracts administered by the Divisions of Water Quality, Water Rights, Clean Water Programs, Administrative Services, Office of Chief Counsel, Office of Legislative and Public Affairs, or any California RWQCB, shall be the Executive Director or the Executive Director’s designee.

8.  That this authorization shall not be construed to eliminate the necessity of required approval or concurrence of any other state agency.

9.  That the Executive Director may redelegate to the Deputy Director and/or to the appropriate Division Chief/Assistant Division Chief the authorities delegated herein.

10.  That this authorization shall remain in full force and effect until modified or revoked by the SWRCB.

That SWRCB Resolution 90-14 is revoked.

Maureen Marché
Administrative Assistant to the Board