HomeMy WebLinkAboutBUDGET & FINANCE AGENDA 11-02-09J� Central Contra Costa Sanitary District
BUDGET AND FINANCE COMMITTEE
HOARD OF DIRECTORS.
JAMES A.NEIEDLY
Ysesidenl
Chair Lucey
ARCHAIit, R. McGILL
I'mmd,n, Pm 7em
Member Nejedly
HARA
GERAL D R. LUCEY
MA RIO M. AIENESINI
Monday, November 2, 2009
PHONE: (925) 118 -9500
3:00 p.m.
FAX: (925) 676-7111
www.centralsan.org
Third Floor Conference Room
5019 Imhoff Place
Martinez, California
INFORMATION FOR THE PUBLIC
ADDRESSING THE COMMITTEE ON AN ITEM ON THE AGENDA
Anyone wishing to address the Committee on an item listed on the agenda will be heard when the
Committee Chair calls for comments from the audience. The Chair may specify the number of minutes
each person will be permitted to speak based on the number of persons wishing to speak and the time
available. After the public has commented, the item is closed to further public comment and brought to the
Committee for discussion. There is no further comment permitted from the audience unless invited by the
Committee.
ADDRESSING THE COMMITTEE ON AN ITEM NOT ON THE AGENDA
In accordance with state law, the Committee is prohibited from discussing items not calendared on the
agenda. You may address the Committee on any items not listed on the agenda, and which are within their
jurisdiction, under PUBLIC COMMENTS. Matters brought up which are not on the agenda may be
referred to staff for action or calendared on a future agenda.
AGENDA REPORTS
Supporting materials on Committee agenda items are available for public review at the Reception, 5019
Imhoff Place, Martinez. Reports or information relating to agenda items distributed within 72 hours of the
meeting to a majority of the Committee are also available for public inspection at the Reception. During
the meeting, information and supporting materials are available in the Conference Room.
AMERICANS WITH DISABILITIES ACT
In accordance with the Americans With Disabilities Act and California Law, it is the policy of the Central
Contra Costa Sanitary District to offer its public meetings in a manner that is readily accessible to
everyone, including those with disabilities. If you are disabled and require special accommodations to
participate, please contact the Secretary of the District at least 48 hours in advance of the meeting at (925)
229 -7303.
Recyded Paper
Budget and Finance Committee
November 2, 2009
Page 2
1. Call Meeting to Order
2. Public Comments
3. Old Business
*a. Review outstanding question
4. Claims Management
*a. Review new and outstanding claims
5. Reports and Announcements
*a., General Manager Authority
*b. October 2009 Bond Sale
6. Review Expenditures
a. Review expenditures (Item 3.a. in Board Binder)
*b. Review P.-Card expenditures
7. Review September 2009 Financial Statements (Item 3.b. in Board Binder)
8. Adjournment
* Attachment
3. a..
Central Contra Costa Sanitary District
October 30, 2009
TO: BOARD BUDGET AND FINANCE COMMITTEE
FROM: RANDALL MUSGRAVES RMM
DEBBIE RATCLIFF 4
SUBJECT: OCTOBER 12, 2009 COMMITTEE MEETING
There was one outstanding question from the last Board Budget and Finance
Committee meeting which required additional staff research. The question and answer
is provided below:
1. 32295 Best Contracting Services — What work is being done for the District
by this company?
Background:
Both the Headworks Building and the Mechanical Shop/ Warehouse roofs experienced
deterioration due to the low pH of the vapor coming from the Odor Control Units
adjacent to the Headworks Building. Both roofs were rehabilitated with a protective
coating designed for industrial/ corrosive environments. Additionally, concrete patching
was done on the Headworks Building and replacement of roof panels was completed for
both buildings.
Project Info:
The project was publicly bid and awarded to Best Contracting Services on May 21,
2009, for $152,800. Work began July 13, 2009, and was substantially completed on
September 18, 2009. The remaining items of work consist of minor punch -list items (as-
builts, final warranty paperwork). The Project was accepted by the Board on October
15, 2009. .
Progress Payment Info:
The Contractor submitted one progress payment in August. After the District expressed
concern with the rate of progress, the Contractor increased its workforce (more than
tripled it) to complete the project within the Contract time. Therefore, the second
progress payment ($111,005.02) submitted in September covered the majority of the
work.
0
0
m
E
E
cn
CL
x
w
'R
cm
C
3
I-L
LL
Cf.
2
LL
E
cf
u
u
2
u
u
C
2
10,
CO
H.
�o
d
d
d
a_
a-
Q-
m
(6
E
co
m
m
>
D-
Cf)
cu
IE
E
:1
co
cl
0
o
!E
>
2
C)
o
E
N
V7
co
O
C6
C,,�
U)
0 A
LU
)
(U
a
Cl)
< -0
0
a.
L)
C) (D ¢a
"s
A
A
CO
fo
0
<r
E2
E
.91
(D
CU
0
io
R
w
CO
C)
C
cl!
—
"
m
C\T
E2
0
U)
C,4
'U
0
0
C)
u
u
2
u
u
C
2
10,
Li. 0. -
CO
�o
d
d
d
a_
a-
Q-
m
co
m
m
>
Cf)
IE
0
o
>
E
U)
0 A
LU
)
(U
a
Cl)
< -0
0
a.
L)
C) (D ¢a
CO
fo
io
w
Co
E2
0
U)
0
a)
CD
Cl)
-C6
a,
w
2
a
cu
C)
-ca
0
0
(1)
7�6
2
W
a
0
3:
_5
<
G
LL
cf)
M
<
W
A
CO
''t
0
0
o
0
co
CD
(n
co
co
CO
0
0
<l<Cl<l<I<ILU
LU
uj
w
w
0
0-
1<111
C=)
N
CD
m
-,t
m
C
to
C=�
IQ
0
In
M
fA
ea
fA
EA
fA
EA
C)
0
0
0
0
0
C?
C?
C?
C?
c6
....
ys
-=1
0
0
C>
C>
0
0
C)
0
0
C:)
0
0
0
C=l
�
c
.tt
C?
C?
C)
C)
C)
C)
O
O
C=)
C)
C>
C)
>
Z
Cl!
cc�
00
CD
Vf
ac
M
C:)
Li. 0. -
al
�o
d
d
d
a_
a-
Q-
m
co
m
m
>
Cf)
IE
0
>
E
U)
0 A
LU
)
(U
< -0
0
a.
L)
C) (D ¢a
al
O
r
rn
O
O
N
E
E Fa
ti U
EO
A m �
U o>
a3i moo_
z O a`
n fl
O
m
o.
d
i0
v
O
a
� S8
`y o0
c U0
y o �n
W F
d d
c c
Y
c a a
E m d
A
U � �
N N
N N
C C
t C
U
y
� N m
a N N
w m
JI o 0
Q o 0
YCI � N M
°o
N
°o
ci
Cli
C
N
H
W
M
O
r �
s a
J
cv
Z
U
0
O
-O o
N
a �
.d.. r
0
� 41
� r
O
O �+j
'O
a
y o
> o
0
d �
y �
d
Q
x � �
W d �
r
m
0
m
o.
E °O
.E
U UIU
r
N
N �
C_
L
U � >
d
N
J
C
y Np
` N N
c�
9
JI to 0
O
Q N
r �
00
a O
y d
y O d
J F--aa
acl — N m
m
0
0
N
N
O
P
m
CL
o °e
Cd
t0
O
c
d
°o
�
N L
`w
y
m m
O
y
�
y
U
O
0i
m m
(n
a' T t
Ea
U
Q
J
y
to
0 Lo
0
0
O
O
or
N N O
N c�
O
e
C)
N N N
O
V
0
Q
.L
a`
d
IL
N
o
A
z
o
d
U
y
�
Q
d
d
0
W
L
O
fn
x
y
J J J J
W
F
a d d s
Q
J
U
o
m
ci
o'
J
m
a
aI
o
J
U
o v
¢ H
-
cc
W
z
°
m
W
N U
C'S
R
_
N
N -
� N 0
Q N N j
C C
_
L5
N
y
Q O
N
m
m w
m
JI
o
0 0'0
O
o
o'v
7
� N O
Q
Oi0
O O
I
M10
O 0
U] U'(nUl
iGI
� N C7 V
O
m
o.
d
i0
v
O
a
� S8
`y o0
c U0
y o �n
W F
d d
c c
Y
c a a
E m d
A
U � �
N N
N N
C C
t C
U
y
� N m
a N N
w m
JI o 0
Q o 0
YCI � N M
°o
N
°o
ci
Cli
C
N
H
W
M
O
r �
s a
J
cv
Z
U
0
O
-O o
N
a �
.d.. r
0
� 41
� r
O
O �+j
'O
a
y o
> o
0
d �
y �
d
Q
x � �
W d �
r
m
0
m
o.
E °O
.E
U UIU
r
N
N �
C_
L
U � >
d
N
J
C
y Np
` N N
c�
9
JI to 0
O
Q N
r �
00
a O
y d
y O d
J F--aa
acl — N m
m
0
0
N
N
O
P
m
CL
o °e
Cd
t0
O
C
O
U
0
J
JIO
�I M
f N N
d
°o
O
`w
y
y
O
y
�
y
(n
Si
F
Q
J
U
U
d
O
0
Q
Q
a`
d
E
A
z
o
U
y
d
0
L
C
O
U
0
J
JIO
�I M
f N N
5, b.
Central Contra Costa Sanitary District
October 29, 2009
TO: BUDGET AND FINANCE COMMITTEE
VIA: JAMES M. KELLY, GENERAL MANAGER I .
FROM: RANDALL M. MUSGRAVES, DIRECTOR OF ADMINISTRATION W�O F pp ��
DEBBIE RATCLIFF, CONTROLLER zk
SUBJECT: CENTRAL CONTRA COSTA SANITARY DISTRICT SERIES A AND B
PRICING OCTOBER 28, 2009
Central San priced $54,285,000 in certificates of participation to raise $30 million for capital
improvements and cost saving refundings of bonds and COPS sold in 1998 and 2002.
Central San's Aa2 /AAA rated COPS represented the first issue of Build America Bonds
(BABs) sold as COPS for a utility district. BABs are taxable municipal bonds authorized in
February's stimulus bill. While sold at a taxable rate the District will receive direct payment
from the Federal Treasury of 35% of the interest cost. The first call date on the Build
America Bonds is ten years out. This provides protection to the long term investor and it also
provides flexibility to the District should the market warrant a refinancing in the future. A ten
year call date is very conventional in the bond industry.
$19,645,000 of the financing program was sold as taxable BABs. The estimated
discounted present value savings from using the BABs is approximately $320,000.
$34,640,000 of the financing program was sold as conventional tax exempts.
The overall cost of capital on the financing program is approximately 3.60 %. This is in
comparison to a 4% rate originally discussed with the Board of Directors.
The fully discounted net present value savings from the 1998 refunding are approximately
$589,000 and the fully discounted net present value savings from the 2002 refunding are
approximately $692,000. The two refundings combined produce net present value
savings of about $1.28 million. Staff projected up to a $1.3 million savings when
originally discussed with the Board and had direction to proceed if savings were
greater than $900,000.
Closing of the taxable series is scheduled for November 12. Closing of the tax exempt
series is scheduled for December 3.
At underwriting, Stone & Youngberg had approximately $5.2 million in unsold bonds.
This was approximately 10% of the total bond issue, which is quite a low percentage.
H: \BOND SERIES A AND B PRICING 10- 30- 09.DOC
Stone and Youngberg takes on the risk to complete the remaining sale, and the
District is removed from any risk.
Investors in the bonds include Pimco, JP Morgan Private Client, City National Bank, Bessemer
Trust, Wells Trust, Columbia Trust, Bank of Montreal, and Thomas Weisel Partners.
HABOND SERIES A AND B PRICING 10- 30- 09.DOC
LL
N
C
W D
¢ K
a ;
3
U
LL
O
U
Z
O
K
a
¢
d
u
c
v
O
O
a
0
O
Z
K
a
O
i W
i
z
w
a W
IL O
L o
Z 0
O K
2 U
0
W
J
N
O
F
W W
_
Z Z
W
@
U
N
d
d
N
m
N
m
m
N
m
m
N
d
=
C
O
C
O
C
O
C
O
C
O
C
O
C
O
C
O
C
O
C
O
C
O
C
O
C
O
1 Z
L
L
L
L
L
L
L
L
L
L
L
L
L
W
m
M
M
M
M
M
M
M
M
M
M
M
M
M
M
f
0
0
0
0
0
0
0
0
0
0
0
0
0
0
t0
f0
t0
(O
t0
w
M
t0
W
W
t0
i
0 o
0
0
0 0
0 0
0
0
0
0
0
0
0
0
0
F
o
N
0
M
0
M
0
M
0
P
0
P
0
e
0
Q
0
Q
0
M
0
M
0
M
0
M
0
M
Z
M
O
O
O
c0
W
m
W
W
of
O
O
N
O
0
e
Q
Q
a
Q
Q
P
P
P
P
Q
Q
Q
Q
O
a
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
W
H
Z
=
m
Q
O
`
(p
M
N
N
m
Q
O1
P
M
(O
O
Q
r
r
O
C)
R)
�O
Q
M
M
O
O
m
i0
W
M
N
01
N
N
N
w
61
O
P
J a
O)
fA
r
f9
O
N
N
19
M
W
P
O c0
N
f9
f9
Q
lA
r
1
Fq
Yi
N
Fp
Fq
W
Ui
f9
fA
nm
o
N
o
0
0
�
yrny
,eo
o
o
U
M
b
o
0
0
o
r
m
V
W J
n
uei
K Z
O
O
O
O
O
Ol
(O
(O
N
O
O
W
O
O 0
O
O
m
W
Q
M
M
Z
1'O_
m
N
wf
N
N
N
h
oc
J V
w
d
v
v
v
x
n
w
w
C
i
W O
o
x
o
O
j
x
x
x
x
o
o
c
a
a
LL
u_
v
l
IL
11
ll.
a
i
i
>
m
�o
Q
o
Q
Q
o
.>
>
arc
-
m
m
a°
m
m
a°
x
x
a°
s
S
N
r
c_
O
�
N
W
N
N
C
O
�
m
c
j
c
a
m
m
O
O
O
=
C
V
N
rc
a«
w
d
o
a
o
o
U
4•
a
w
m
E
m
a
4
d
K
E
-
`
L
N
U
N
N
Q
U
N
N
Z
o
UL
J
V
O
U
J
J
J
J
N
N
C
I/i
N
H=
d
m
m_=
E
LL
a
m¢a�
n.
a
'a
a¢¢
i 5
2
2
rn
rn
m
m
m
rn
m
m
0
0
0
0
0
0
a
0
0
0
0
0
0
0
0
0
0
0
0
0
w
o
0
0
0
0
0
0
0
0
0
0
0
0
0
N
N
N
N
N
N
N
N
N
N
N
N
N
QN
Q
N
tO
M
M
M
M
M
V
r
O
r
r
O
N
N
N
O
O
O
O
O
O
O
O
0
0
0
0
0
0
0
0
0
0
0
0
0
0
H
y N
u d
O �
S �
O 6
C 9
c c
U N
E v
N
� C
Ed
- E
d d
oy
.N
0
t0
J
H
O
/0 i
E a E
o c c
rY�
L O O
U U U
1C d
U U > W
O Q
w Z
K K K K g r a
J
d a ¢
V fA LL
to y y N m LL
w w w w E w
< < N N O
¢ ¢ ¢ ¢ E
a a a a t 0 a
w L m
d
t E 3 3
v N
nE °va=°m c
y y L O Q C
O t0 � 'O mD N VC O C
!O U -Q 1aN L
N M � 9L dd a
M m ctoNEn °-�
c m r W a c o H
c a o
d 0 v v o> o d
U W N
O -
d0rnLa a
a c
J NOIU dN�p d
f r r z d O d'C N y
Z Z Z Z a rn v
0 0 0 0
¢ ¢ ¢ m
o E E c
E
a
U Y
O U
M
0 o 0
0 0 =vvooda �d
d-
m
OL U V N
O O U a w? O E
CC
vd- a
0 O rnU m rn$ cLL
5
and 4'N C� `d«
0 o woLd9dC ='v
it i= it t V N Qd C ts
o'y
Z Z Z Z Ct V Ld
> > > >
0 0 0
V y
�0 0
m
a
C
j
R
-i
§
\
2
§
E
L�
w
E
\
§
a.
G
�
&
$(
k /
F-
0
)
F }
§
0
a }
\ \
;
/
|
uj
/|
{\
(
\
/((
\
y
) )
(R��
§ {\
\ \
\\
\0
\ \ \0 Zi
k
Ot
/\
!
�
.
/|
{\
(
\
/((
\
y
) )
(R��
§ {\
\ \
\\
\0
\ \ \0 Zi
k
Ot
/\
N
LL
O
N
W C
Q 0
a o
U
n
0
O
J
Z
O
U
Q
N
Z
Q
O_
Q '
U
H
Z
W
W
U
O
a
F-
U_
'H
V/
O
a Q
.0
n
Z L
ai
uE
Q c
N i
O °
U ❑
O
N
Q N
� a
Z Q
O
U
J
F"
Z
W 'Z
U 2
U
LL
LL
O
z
O
m
U
C
N
C
0
w
O
N
iz
O
f
z
w
f
a
0
ti
Y
E
111
Q
w
O
O_
O ,
m
U
c
E
E y
a E
E«
c-
o u
@5
O 6
u y
C 9
•' T
V N
E N
E d
N ei
c c
E a
m y
o m
J
H
E
E
d
°a
w
r
D
T
n
H
d
C
a
a
d
r
0
E
0
0
a
O
m
d
d
«
y y
K
N
c
N
y
c
m
a
d
>
0
0 o
O
W W
O
°
w
K K
m
K
J
w w
w
w
A
E
w
x x
U U
x
U
x
U
E
E
❑
�
❑ z
iw
a�
m
w
m
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
V
M
f
O
O
O
O
O
O
O
O
O
O
O
O
O
O_
O
O
O
O
F
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
2
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m O
m
O
m
O
m
O
v
a
v
v
a
v
o
v
v
o
v
v
a
v
v
v
a
�
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Q
o
o
0
0
0
0
0
0
0
0
0
0
0
0
o
O
o
O
O
o
O
O
O
O
o
O
O
O
o
O
O
O
W
V
V
r
M
(O
N
01
O
R
V
V
YJ
(O
OI
O
N
N
m
n
m
O
N
m
O
r
V
M
m
m
CD
O
M
O O
m
O
O
JQ
N
N
N
M
m
y
N
m
a
W
N
O
O
J
ONi
N;
m
V
OMi
O
r
N
a
h
N
OOi
m
N
to
M
M
o
r
m
o
0
m
m
m
Z
mo
m�
v
v
v
i
v
g m
n
12
�
2
H
-
n
¢
m
°n
°
m
.a
�
ow
f
�
d
°
�
n a
n m
�
�
�
a
cN
.t-
o
d
�
�
❑
U'.
K
K
K
K
1
v
M
m
C
m
m
m
C
C
C
C
C
0 0
w
°
`w
w
w
w
m
E
m
E
m
m
c
c
c
c
w
w
w
w
c
w
w
8
mN
w
az
o
v
v
v
v
v
v
2
C
0101010
0
0
0
0
(7
0
0
0
0
(�
O
O
O
m
w
U
h
�
c
U
m
o
❑
w
N
6
m
>
E
a`
m
W°
m
Q
w
a
O
u
a
C
=
N
N
m
O
U
O
N
W
0
�
�
�
�
o
m
w
0
❑
K
c
n
LL
N
v
o
o
E
.�
U
d
r
a
N
o
a
N
Z
7
w
2
E
N
°.
N
C
C
C
C
�
a
d
E
LL
Fy
y
a
a'
m
C7
w
=
c
c
m
v
x
v
d
v
O
o.
a
L
y
'S
°
v
E
o
v
a
C
U
c
LL
m
v
`
a
E
J
Q
C
-
O
O
LL
(n
d
J
C
U
C
J
C
w
d
f
U
U
c
z
c
c
m7
d
N
m
W
C6
L
0
°
W
E
E
n
m
>
Q
w
m
o
'5
=
U
w
z
W
C
C
N
0
C
C
N
FNF
w
c
c
d
t
U¢
M
Z.
=
a
2
3
0
U
W
O
m
❑
N
N
M
M
t\
O
O
O
O
O
O
O
O
O
m
m
m
w
m
m
m
m
rn
m
m
m
m
'rn
m
m
m
m
m
r
m
o
r
c
E
E y
a E
E«
c-
o u
@5
O 6
u y
C 9
•' T
V N
E N
E d
N ei
c c
E a
m y
o m
J
H
m
H
Q
O
m
LL
O
O
0
m
a
v a
L_
d a a i
A L E v a
L C °
O
"vD m.
a Eva - a c
m y
v v 5 E2 w`
L
Q
2 v o N a
`°� E n ° -'vco 1d
n c a n
2cada u
d p p o> D q
ams'A Nw a
J m
Z Z Z z Q rnv `m _`vsn E
D 7 > > `m wiO 5>
O O O O F °w E a.�
Q Q Q Q
o — O E ' E c
v m a o y s m
a Ec
.= c
U C v d v a d c
U v S O1 v o
� L.-
m
O O O O w a 0 0 N 2 L
2_ N d-
m m m O] D L a V a D C
0 0 0 0 `m 2D E
O V O O wm?o-
E
O O O aU «D rnS C LL
O O O O qL L « 2
C L L 9 L C d
a a';
iR ik 3t 3t
E D
d
Z z z z auv= -mow aw
7 7 J 7 mm'>co'c�
O O O O aU
U U U aEvvw`v
U O1c «`a
Q Q Q Q Sc LLO
E
E
d
°a
N
D
T
n
H
d
C
a
d
r
0
E
0
a
O
m
d
d
«
y y
K
N
c
N
y
c
m
a
d
>
0
0 o
O
O
°
w
K K
m
K
J
w w
w
w
A
E
w
x x
U U
x
U
x
U
E
E
❑
�
m
H
Q
O
m
LL
O
O
0
m
a
v a
L_
d a a i
A L E v a
L C °
O
"vD m.
a Eva - a c
m y
v v 5 E2 w`
L
Q
2 v o N a
`°� E n ° -'vco 1d
n c a n
2cada u
d p p o> D q
ams'A Nw a
J m
Z Z Z z Q rnv `m _`vsn E
D 7 > > `m wiO 5>
O O O O F °w E a.�
Q Q Q Q
o — O E ' E c
v m a o y s m
a Ec
.= c
U C v d v a d c
U v S O1 v o
� L.-
m
O O O O w a 0 0 N 2 L
2_ N d-
m m m O] D L a V a D C
0 0 0 0 `m 2D E
O V O O wm?o-
E
O O O aU «D rnS C LL
O O O O qL L « 2
C L L 9 L C d
a a';
iR ik 3t 3t
E D
d
Z z z z auv= -mow aw
7 7 J 7 mm'>co'c�
O O O O aU
U U U aEvvw`v
U O1c «`a
Q Q Q Q Sc LLO
N
N
a
a
O
J
z
_O
P
U
Q
z
Q
Q'
O
Q'
Q
U,
H
z
W
m
W
U
O
w
a.
F
U_
H
r
Q
H
COZ
Q
H O
:i O
O
U a
Q E
F n
z NI
O
U
J
Q
F
Z
W z
U 2.
Q
U
LL
LL
O
p
Z_
O
L
U)
U
w
O
O
a
0
1
O
F
z
Q
p
U
w
z
Z
0
O
p
U
O
W
F
O
o.
h
0
W W
z
2
C
O
C
C
E
C
C
C
C
W
n Z
L
O
N
N
L
L
L
L
W
m
M
M
M
M
M
M
M
M
M
M
M
Z
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
z
m
O
m
o
m
O
m
o
m
0
m
0
m
0
m
0
m
o
m
O
m
o
p
U
a
V
v
V
v
O
o
h
o
O
<
V
v
V
v
O
v
V
c
V
c
V
U
o
O
o
O
o
O
o
o
O
O
o
Q
O
O
O
o
O
O
O
o
O
O
O
o
O
O
O
O
O
o
O
o
O
O
N z
Q 2
=O
j a
(D
a
A
M
V
co
10
N
N
,n
a7
M
N
co
Q
w
o
co
m
M
I�
N
W
N
A
V
tp
n
Fm
M
m
M
n
W J
O
V
N
O
10
l0
O)
N
N
m
m
¢z
o
m
O
n
N
�o
rn
O)
rn
tp
N
ej
o
O)
o
N
rn
n
m
h
t0
N
�O
n
m
�
i0
O
n
00]
OOI
2
w0
m
m
O�
zW
>
>
a
N
w
=
}
w
0
rn
0
3
00
w m
°
E
E
m
w
�o.�r°i
A3
N
0333
3
h
°n
>
W
4?
f
p
N
v
�
�
W
m
of
E
N
Q
_
U
N
y
N
N
N
C
J
Z
y
E2
«
J
O
=
N
E
N
L
U
LL
D
L
N
W
N
N
N
Vii
z>
c
E
w
^��
N
aNi
m
y
n
E
O
m
E
a
a
E
a
U
v
o
o
o
c
m
d
m
a-E
'°
a
Nj
v
z
in
p
U
CL
.�
7
N
o
p
=
W
z
y�
O
N
C
N
C
O
v
y
N
p
z
O
d
tE
m
O
`
N
w
W
W
U
c
o
Z
C7
O
x
U
W
c7
>
0
m
f
m
m
eo
m
m
m
m
m
m
m
m
F
N
T
G
C
O
E
u A
oa
v
55
o n
r N
c a
C C
U N
q N
E a
n
� c
c v
U y
rN
m
O
J
0
N
N
aci
U
Q
D
N V
W w
x x
U U
7 7
a a
co tNo
N
N V
l0 M
}
K
V)
W
Q
x
U
IL
IL
r
15
w
W
U)
Q
x
U
K
a
Z Z z z
7 7 7 0
0 0 0 0
Q Q Q Q
M
o M
�0 0
°0 00
0 O
O O
MIN---
0 7 7 D
O O U O
U U U U
Q Q Q Q
W
K
Q
Z
M
K
W
O
J
0
x
rc
a
U
N° m L d
=v
t E 3 3
U C
v °
aEDwa10q
v
vNNL�o
a O
T � C
a
Dt mEn
Na
U D O a v°
m 'u o > o
v `,$voNp
nt0 �m
d'
Q va V 1O m`0
F O� W N L U vOi
Q m m E a
o u ° `E vw g
v v a o v
- c.D
>gvvJ'°
ct m=a
v
v a
L U DC ] N QL
a vdtE u
o n 0 o o m a
a O ° W W
o aoEv =m
0.0
no =
D
C N N N D OI v
N D L L D L C
mm3�°a u�m
°v vm nab
O o D '>
2)C O W N Q
C C D
Uaa' =v5 °c
rc
a
Z
O
a
U
LL
LL
O
p
2
0
rc
a
G
v`
O
d
r
L
V
A
a
E
�a
c
E
v
c
0 0,
L .N
au
Y �
V q
v
L Q
u
� a
`v =
D C
OE
Z G
E LL
d «
_ v
u
o ` v
c
O a
6 �
vU
r N
D
LLO
5. a.
Central Contra Costa Sanitary District
October 30, 2009
TO: CHAIR LUCEY AND MEMBER NEJEDLY
BUDGET AND FINANCE COMMITTEE
FROM: ELAINE R. BOEHME, SECRETARY OF THE DISTRICT
SUBJECT: GENERAL MANAGER AUTHORITY CONSOLIDATION
Attached is a draft Position Paper and supporting documentation which proposes to
consolidate the authority granted to the General Manager. Resolutions and other
documents from 1977 to 2006 grant various authorities to prior General Managers.
Staff has reviewed those resolutions and documents and consolidated the relevant
authorities into one master resolution. Obsolete resolutions, such as those providing
authorization to General Managers no longer with us, are recommended for deletion.
This is primarily a "housekeeping" item intended to more easily identify the authority
granted to the General Manager and consolidate it into one resolution, rather than
searching back through time hunting for relevant documents. There have been three
minor changes in law and one proposed modification, and these are described in more
detail in the Position Paper. Otherwise, the authority remains the same as set forth in
existing documents.
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 19, 2009 No.
Type of Action: ADOPT RESOLUTION
Subject: RESOLUTION SETTING FORTH AND DELEGATING CERTAIN
AUTHORITIES TO THE GENERAL MANAGER, AND DELETING
CERTAIN PRIOR RESOLUTIONS
Submitted By: Elaine R. Boehme Initiating DeptlDiv.: Administration
Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
E. Boehme K. Alm
James M. Kelly,
General Manager
ISSUE: Clarification and consolidation of General Manager authority is recommended
for accuracy and ease of reference. Obsolete and outdated resolutions setting forth
prior General Manager authority can be rescinded and General Manager authority
consolidated into one resolution.
RECOMMENDATION: Adopt a master resolution (attached) rescinding obsolete
resolutions and setting forth current General Manager authority.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: The Board may decide it does not wish to
adopt an updated resolution, or may wish to change current General Manager authority.
BACKGROUND: Over the past thirty years, various resolutions have been adopted
authorizing prior General Managers to perform certain actions and providing certain
levels of authority. A list of the enabling documents is,attached, with the recommended
action in red. Several of these resolutions are now obsolete, and these are
recommended for rescission.
For the most part, this master resolution merely consolidates the nine resolutions
recommended for rescission, and references other source documents. However, there
have been three relatively small changes in the law and one proposed addition to clarify
the General Manager's authority. A summary of these follows:
In 1998, an amendment to Public Contract Code Section 20803 increased
the threshold at which District projects must be competitively bid from
$10,000 to $15,000.
Page 1 of 3
POSITION PAPER
Board Meeting Date: November 19, 2009
Subject. RESOLUTION SETTING FORTH AND DELEGATING CERTAIN
AUTHORITIES TO THE GENERAL MANAGER, AND DELETING
CERTAIN PRIOR RESOLUTIONS
This change has been incorporated into Section 2.a. of the master
resolution.
2. The Board of Directors is required to meet within seven days of the
Declaration of the Local Emergency, rather than the fourteen days set
forth in Resolution 95 -077.
This change has been incorporated into Section 3.c. of the master
resolution.
Government Code Section 935.4 now allows the Board to delegate
settlement authority up to $50,000. Previously, the statute allowed
delegation of settlement authority only up to $25,000.
This change has not been incorporated in the master resolution as the
General Manager feels that $25, 000 is sufficient authority at this time.
4. A recent review of the current Authorization for Easements Acquisition
(Resolution 96 -140) led staff to conclude that the General Manager does
not have clear authority to obtain rights of entry, approve restoration
agreements, encroachment permits and similar agreements that are
necessary to carry out the District's business.
This authority is proposed to be included in Section 4.b. of the master
resolution.
Consolidation of the authorizing resolutions into one document will enable the Board
and staff to quickly identify the General Manager's authority, rather than having to
search through many separate documents. It will also make it easier to keep the
document current.
General Manager authority is also contained in the District Code (attached), Chapter 3
of the District's Purchasing Policies and Procedures (attached) and the Capital
Improvement Budget (attached). These have also been referenced in the master
resolution.
Page 2 of 3
POSITION PAPER
Board Meeting Date: November 19, 2009
Subject RESOLUTION SETTING FORTH AND DELEGATING CERTAIN
AUTHORITIES TO THE GENERAL MANAGER, AND DELETING
CERTAIN PRIOR RESOLUTIONS
The Budget and Finance Committee reviewed this issue at its November 2, 2009
meeting.
To be adopted, this resolution must be passed by a four -fifths vote of the Board of
Directors.
RECOMMENDED BOARD ACTION:
Adopt a resolution consolidating General Manager authority as recommended and
rescinding prior Resolutions 77 -220, 86 -017, 96 -107, 96 -140, 98 -069, 99 -025, 99 -030,
2001 -154, and 2005 -057.
Page 3 of 3
RESOLUTION NO. 2009 -XXX
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
SETTING FORTH AND DELEGATING CERTAIN AUTHORITIES
TO THE GENERAL MANAGER
WHEREAS, the proper functioning of the Central Contra Costa Sanitary District
( "District') 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 the District; and
WHEREAS, in past years the Board of Directors has provided for delegation of
certain authority to prior General Managers and staff to carry out a variety of necessary
functions of the District; and
WHEREAS, the Board has also provided and continues to provide both
delegation of authority and limitations on staff authority through the approval and
adoption of certain other documents, such as the District Purchasing Policy and the
Capital Budget; and
WHEREAS, adopting a new resolution which provides for a consolidation of the
delegation authorized in prior resolutions and other documents will clarify the authority
of the General Manager and his or her designee and help to ensure the efficient
operation of the District.
THEREFORE, the Board of Directors of the District hereby resolves that the General
Manager and his or her designee shall have the authority to carry out the functions of
the District as follows:
Section 1: General Authorization - The General Manager is authorized to execute all
deeds, contracts, warrants, releases, receipts and similar documents for and on behalf
of the District in accordance with California Health and Safety Code Section 6487,
including all documents prepared and circulated as part of the public competitive
bidding process, with the exception of financial transactions as set forth in Government
Code Section 53995.
Section 2: Emergency Power Authorization
a. Pursuant to Public Contract Code Section 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 Public Contract Code Section 1102, and
to procure the necessary equipment, services, and supplies for those purposes,
when the expenditures exceed $15,000, without giving notice for bids to let
contracts.
b. In the event of an emergency, as defined, the General Manager shall report to
the District Board not later than seven (7) days after the action, or at its regularly
scheduled meeting if that meeting will not occur later than fourteen (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. In the event of an emergency, as defined, the District Board shall initially review
the emergency action not later than seven days after the action, 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 District Board's review of that action.
d. Upon its review of the emergency action, the District 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.
Section 3: District Emergency Operations Plan
The General Manager is designated as the Director of Emergency Services and has the
authority set forth in Resolution 95 -077, as modified below.
a. 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 proclaim a
Local Emergency and activate the District's Emergency Operations Plan.
b. Under the activation of the Emergency Operations Plan, 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.
C. The Board of Directors shall meet within seven (7) days of the Declaration of the
Local Emergency to proclaim by official Board resolution the Local Emergency
and authorize continued emergency operations and recovery actions.
d. The Declaration of the Local Emergency shall remain in effect for fourteen (14)
days from the date of the Board Resolution, unless terminated by the Director of
Emergency Services and the Board of Directors or extended by the Director of
Emergency Services and the Board of Directors.
e. The Director of Emergency Services shall be authorized to make minor
modifications to the District Emergency Operations Plan as required to meet
changing circumstances and regulations.
Section 4: Authorization for Easements Acquisitions
a. The General Manager is authorized to purchase easements and offers of
dedication in favor of the District and 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 purposes of the
District in acquiring said easements and offers of dedication.
b. The Board shall retain the sole power to accept by resolution, any and all
easements and offers of dedication received by the District. After acceptance of
an easement or dedication by the Board, the General Manager shall have the
authority to record said easements and offers of dedications for purposes of
giving notice to subsequent property owners.
The General Manager is authorized to
entry, approve restoration agreements
agreements affecting access to or use
purchase or otherwise obtain rights of
encroachment permits and similar
of real property deemed necessary or
prudent for the carrying out of District activities.
C. The funding for the purchase of easements, offers of dedication and similar rights
of entry-type agreements delegated to the General Manager will be included in
the District's Capital Improvement Budget, which the District Board approves
each year.
Section 5: Authorization for Use of Small Claims Court
a. The General Manager is authorized to file suit in Small Claims Court without
additional specific authorization by the District Board to pursue civil remedies
against persons or entities for claims within the general subject matter areas
enumerated below and where the amount of the District's claim (amount in
controversy) does not exceed the monetary limits of the jurisdiction of California
Small Claims Court. This power includes the power to seek judgments and any
other remedies available within the jurisdiction of Small Claims Court, and to take
other administrative actions necessary to pursue appropriate remedies in Small
Claims Court, including appearing on behalf of the District.
1. Failure to obtain a District permit or violation of any District permit
condition;
2. Failure to perform work in conformance with the District's Standard
Specifications, either on District facilities or facilities which are or will be
connected to the District sewerage system;
3. Failure to comply with inspection requirements of the District with regard
to either private or public sewer facilities;
4. Failure to timely pay fees, lease payments, and charges of the District,
including penalties and interest that may accrue as a result of the
delinquent payments;
5. Damage to, or obstruction of, District facilities, equipment, or property; or
6. Violation of the District Code or failure to comply with any other lawful
resolution or order of the District Board of Directors.
Section 6: Claims Settlement Authority - Pursuant to Government Code Section 935.4,
the Board delegates the authority to the General Manager to allow, compromise or
settle claims against the District not exceeding $25,000 with the understanding that
settlements between $10,000 and $25,000 would be reported to the District Board as
information items at a following District Board meeting.
Section 7: Execution of Joint Powers Agreements — The General Manager is
authorized to execute Joint Powers 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
$50,000.
Section 8: Additional Delegations and Limitations on Authority - The General Manager
has the authorizations set forth in the most recent Capital Improvement Budget
(approved by the Board each year), the authorizations set forth in Chapter 3, "Approvals
and Authorizations" of the District's Purchasing Policies and Procedures (adopted by
the Board), and the authorizations set forth in District Code 2.08.030 to execute all
contracts, warrants, releases, receipts, and similar documents for and on behalf of the
District in accordance with California Health and Safety Code Section 6487, and such
authority is incorporated herein by reference.
Section 9: Rescission of Prior Resolutions - As of the effective date of this resolution
the existing District Resolutions are rescinded: 77 -220, 86 -017, 96 -107, 96 -140, 98 -069,
99 -025, 99 -030, 2001 -154 and 2005 -057.
Passed and Adopted this day of , 2009, by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
James A. Nejedly
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme
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
i
C
r O
N 7
{p O
N
N
a
m
m
m m
n
m
z z
m z 9
m o
m o
6
C
�0 '
C L O m ''
T C C E
U m
Cm
t�l 6 ad m
OI m
m-C
m y 0 E m
O
Q o
c
TL c
cr-
q m'
N d
p!d ❑
c
o E
E
c
c E_
cui m m '°
o._
2
m- v
3
E
v��U
g'm
m
E' O
C7 ma
O m U 3 D
O
O
N V
°
m J
O m`
L 6 m C
C 9
o
J
zmo.E
m OI
C L U Ol m
mEm.a
c
m
C
m
o q.c ^; wGaN
m°
E
a° 'o >
�w m
3d
am
aem my
E
m
m
a 0
0'
ooEw
.0
m 12 M
m
`o
0
0
J � c
Q
U
r m
co �c
t
m w
E'
J
0 Ec
m « y
m rU
J mL w
a
p
'
t O c'c
`
E °
d
c
m
L
O =SL? m S .
m
E'm
mum
vi im
m
m ui
>
5
m°
Ln J
U S !n m t9 m m
m
V O m m
Ea,
y =
N L
ym
C 01 O O
L U C
U'co
d
E O qc 'm 'c
�mL mom'
m.Cc
c=
m'
mE
O
c c
o
x
w
�
0
E
3LE aLm
m�O
_
m
a
m
m
m
a o m
o E
2
° m
m m
u
0
c N .
m m nJ m
4C7
o L
n
r `
c
x
m E
o
> mj m
0 m
c s o
cE '92
mEc `mzcd
o -
m
c 7 L y
m
N
m
o
c
'pNS
E
EN
Z m
x c
'L
S M
c o
-
N Q e i m=
v c
m
v 9-5
.
m m o '6Z o
a
r
m
' =0 .
om
d
L o m
C
q ' 0
>
m m
C ° CL
m
C_
C
To o �
Ep0_
O 0
m
Nm
mom
N
.
$lm NU
m
J '
' O
E
O m
Nm
L'V
'
m
Lmm�
_
p
3
m C m
Od
''S
m -
0
' C
'_ E
m
U m
0
m
mo
w
°aE
'
t�
c 0
m
ELO s
m
v
ow 6
2 J m
m SQ
m
CE
��m
'0v � O
m
cnrt ma6ic
9
'a0, E.2
m
m
U° QH
UI
m�
03
° °c c,6
ymm� W�
aE�
m�
o
f
�0 oEm
zmc .. oa
= m'$
'o
z:a
°m
0x
c
3
C m
c
m
m C
m
C
yo_`o 'E �°�
T
❑ a
m Q O IU N
o cm m m
c .C5 a °_
m L E
a'c U
`m Ec m
.p
�'
t
o
En
m
U
C N °
m N n 'c to L
Um m
m
m c o
N
o
m m m
w
O
°Tnc
o
x
L
i
m
0 0
z m m
mm m_ v m o
.rLmw ;m_ =
Ea m
m
m J
m3 m =m
Cau
o a1
£
€nc
U o ca Ems
wmZ`� c'c
0
m'o _ —U
o
o
0 m
m
cAV m°
m
5
l
, C X O
¢
'c
cJO
w 0°
0a
3
°O°
2L m '
m
'm c
V m
m
m i
cE
E
o
O m M C
m
E> Lmm
o 'm
0
CO
J
Eat
E
o �
_ m
L
2.L O
O
N 3
N V
Em
N
o
0 °
c
E
mo
.nz
E
N
m m m ' a
c m
c
m
° 'C
2
�
o
i
EO
m
°� zy
°
o
y
m
M
0 8
Ec
M
E
m o
0 5v o m
?
c
m
m
E
¢ - m
03
<0 .5 c
- -_
C7
- - -
¢ Cm 7
-
p N
co
O
O n r2 rn
m
rn
N
o
O
N m p N
J
p
7
c
N E
2
m
a
m
r
E e
N
N
_
J
_ m
m >
m
m
P
8
m
°
LLl < LL Z
a
c
m
D m
N
g g
$
n
m
N n
2 O N
1p
W
N
A
m
T
O
N N
r
N m
E
mi
fh
`-°
c
E( N
m
0
L
E
N
CE5 J 2' m
m
a
°
m
N
2
L
m' c
5 >
m
O m n >
CO
¢ LL Z
O
LL
f
U ¢
m
Nm
N
NM N
N
E Sc c c
O O
c
O
c
D
c
O
E
O
c
O
c
O
m E
U 4
c
O
5o Sr 5
`5n
50
_5rn
Sin
_o5
O yN N O. an
w0
N^
pN
111
�N
N
pCl
m
O S
N
C
G
mn m [p mn
mm
m1D
mI
mm
mOQi
mb�' °
L mN
mn
CL n Q m Q O
Q O)
Q 01
Q O)
LC O
Q T
w �. �.
O Q O
D- 0
Title 2 ADMINISTRATION
Yage 3 of 10
given by mail, facsimile, or email. Such written notice may also be dispensed with as to a Director who is
actually present at the meeting at the time it convenes.
(Ord. 253 § 1(Exh.A (part)), 2008: prior code § 2 -204)
2.04.080 Order of business.
A. The order of business of the Board of Directors meetings shall be established by a resolution of the Board
of Directors and may be changed from time to time by additional resolutions.
B. Business headings under which there is no business to be considered at a particular meeting may not
appear on the agenda for that meeting.
C. The Board of Directors may at any meeting, consider any item of business out of order.
(Ord. 253 § 1(Exh. A(part)), 2008: Ord. 143, 1980: prior code § 2 -205)
Chapter 2.08 GENERAL MANAGER
Sections
2_08.010 Chief executive officer.
2 08:020 Appointment an_d qualifications of General Manager-
2.08.030
_Authority_and responsibility_
2.08.040 Duties.
2.08.050 General Manager may emol assistants.
2.08.010 Chief executive officer.
There is created the office of General Manager. The General Manager is the chief executive officer of the
District.
(Ord. 253 § 1(Exh. A(part)), 2008: Ord. 223 § 2(part), 2002; prior code § 3 -201)
2.08.020 Appointment and qualifications of General Manager.
The Board shall appoint the General Manager. The General Manager shall have a bachelor's degree from an
accredited college or university with major work in business or public administration, engineering or a related field.
(Ord. 253 § 1(Exh. A(part)), 2008: Ord. 223 § 1(part),2002: prior code § 3 -202)
2.08.030 Authority and responsibility.
The General Manager of the District has the administrative authority and responsibility for the operation of the
District and the enforcement of all District rules and regulations, including authority to execute all contracts, warrants,
releases, receipts, and similar documents for and on behalf of the District in accordance with California Health and
Safety Code Section 6487.
(Ord. 253 § 1(Exh. A(part)), 2008: Ord. 223 § Apart), 2002: prior code § 3 -203)
2.08.040 Duties.
The General Manager shall:
http://library2.municode.com/default-test/DocView/16258/l/6 9/14/2009
Title 2 ADMINISTRATION Page 4 of I
A. Establish departments and organize the functions of the District;
B. Recommend rules and regulations for adoption, including specifications and requirements
controlling the construction, repair, maintenance and operation of sewage systems, recycled water
systems and Household Hazardous Waste Collection Facility;
C. Collect fees and charges, issue permits and maintain records of all transactions.
(Ord. 253 § 1(Exh. A(part)), 2008: Ord. 223 § 1(part), 2002: prior code § 3 -204)
2.08.050 General Manager may employ assistants.
Upon approval of the Board of Directors, the General Manager may appoint assistants. Each appointment shall
be made in accordance with the employment procedures specified in Title 4 of this code. The General Manager may
delegate authority to said assistants.
(Ord. 253 § 1(Exh. A(part)), 2008: Ord. 223 § 1(part), 2002: prior code § 3 -205)
Chapter 2.12 SECRETARY OF THE DISTRICT
Sections
2 12 010 Secretary of the District.
2 12 020 Appointment and qualifications of the Secretary of the District.
2 12 030 Authority and responsibility.
2.12.040 Duties.
2.12.010 Secretary of the District.
There is created the office of the Secretary of the District. The Secretary of the District acts as staff to the
Board of Directors.
(Ord. 253 § 1(Exh. A(part)), 2008)
2.12.020 Appointment and qualifications of the Secretary of the District.
The Board of Directors shall appoint the Secretary of the District. The Board shall establish the qualifications of
the Secretary of the District and the method of selection.
(Ord. 253 § 1(Exh. A(part)), 2008)
2.12.030 Authority and responsibility.
The Secretary of the District reports to the Board of Directors and shall serve as Secretary of the District within
the meaning of the California Health and Safety Code.
(Ord. 253 § 1(Exh. A(part)), 2008)
2.12.040 Duties.
The Secretary of the District shall:
A. Make independent decisions as necessary to implement Board requests, decisions, and official
http:// Iibrary2. municode .com/defauIt- test/DocView /16258/1/6 9/14/2009
xZ- y'i& 4.�,
i �' "� `t APPROVALS:AIVD AUTHORIZATIONS ' <�`�'�r�s �,�' �
3.9 Purpose
To define authority for signing requisitions, agreements, contracts, invoices,
change orders and other such documents.
3.2 Poficv
All signature authority must be delegated in writing and approved by the
Department Director, the District's Controller and the General Manager.
3.3 General Reaufrements
Designated District employees have- been delegated- approval authority for
specified District documents within stipulated maximum limits. The delegated
authority is subject to the scope of authority defined by the Board of Directors or
the General Manager. Those documents include, but are not limited to:
a. Contractor Progress Payments - - -
b. Contracts and Agreements
c. Contract Change Orders
d. Agreement Amendments
e. Invoices
f. Requisitions
g. Payment Authorizations
h. Petty Cash Authorizations
I. Procurement Card
j. Blanket Purchase Orders
Approval authority is granted by means of an Authorized Signature List and
Approval Limits Form. The form requires a sample signature of the employee
and is approved by the Department Director, the General Manager and the
Controller. The Authorized Signature List and Approval Limits Form is used by
Finance, Accounting and Purchasing to verify that documents bear proper
approval.
The Board of Directors requires that contracts and amendments return to the
Board for approval at certain specified levels. Procedures for processing the
Authorized Signature List and Approval Limits Form, as well as Contract and
Contract Amendment limits, are included in this chapter.
Central Contra Costa .Sanitary District
Purchasing Policies and Procedures
Page 10 of 154
3.4 Authorized Signature List and Approval Limits Form
a. Department Directors and Managers will initiate a separate Authorized
Signature List and Approval Limits Form for each employee and forward
the form, bearing their approvals, to the Controller for review.
b. The Controller will review the form for general consistency with maximum
approval limits and forward the form to the General Manager for approval.
c. Upon approval by the General Manager, the Controller will retain the
original form for use in Finance and Accounting and forward a copy of the
approved form to the Department Manager, the Purchasing Manager and
the employee.
d. When a manager or supervisor will be absent from the District for twenty-
four hours or more, signature . authority, will be automatically transferred to
another manager or supervisor, or other designated employee based on
the Automatic Delegation of Authority matrix maintained by the Accounting
Division. Managers or supervisors who will be absent from the District on
planned leave may choose to prepare a delegation of authority memo that
amends the automatic signature authority listed in the matrix.
e. The Controller will initiate an annual review of.the Authorized Signature
List and Approval Limits to.ensure accuracy..
3.5. Approval of Agreements and Agreement Amendments .
3.5.1 Types of Agreements. Generally, there are three types of agreements:
Professional Consulting Services, Technical Consulting Services and
Professional Engineering Services. Each is defined below.
a. Professional Consulting Services Agreement (PCS): Used to contract
for needed services of a non - engineering nature wherein the collection,
analysis and /or translating of information is the consultant's primary
function with the end product being a written document, training and /or
recommendation. For example, auditors, trainers, professional
psychologists, attorneys and financial advisors.
b., Technical Consulting Services Agreement (TCS): Used to contract for
needed. services when physical work. is being performed such as
surveying and soils investigation. Note: If soils investigation data is being
interpreted, a Professional Engineering Services contract is required.
c. Professional Engineering Services Agreement (PES): Used to
contract for needed services when professional engineering, planning,
Central Contra Costa Sanitary District
Purchasing Policies and Procedures
Page 11 of 154
design, construction management, construction inspection and/or
architectural services are being performed.
3.5.2 Approval of Agreements. Approval of agreements and amendments to
agreements shall conform to the following approval matrices.
FIGURE 3.A
Staff Authorization Limit for the Approval of Professional Consulting
Agreements, Technical Consulting Agreements
and Professional Engineering Agreements
Authorization Limits'
O&M
PT/ect/CIB
Professional Consulting Services
$25,000
$50,000
Technical Consulting Services
$50,000
$50,000
Professional Engineering Services
$50,000
$50,000
'Note: The amounts listed are the maximum amounts for which staff has been
delegated authority. Individual staff members, based on their position, may have
a lower authority limit. Agreements in an amount greater than the limits listed in
the table above require Board approval of the agreement prior to authorization
and commencement of work.
3.5.3 Amendments to Agreements. Board approval is required for
amendments to Professional Consulting, Technical Consulting and Professional
Engineering Agreements under the following conditions:
a. The amendment is greater than 15 %v of the original agreement amount or
$10,000, whichever is greater. Note: For agreements in an amount less
than the staff authority limits listed above, staff can make amendments up
to the staff authority limits without applying the 15% or $10,000 criteria:
b. The amendment will cause the agreement to exceed agreement
authorization limit (see table above) and the original agreement did not have
prior Board approval because it fell below the listed authorization limits.
3.6 Approval of Contracts and Contract Change Orders
All contracts must be approved by the General Manager or the Purchasing
Manager. The General Manager or his /her designee can approve individual
contract change orders of up to $50,000 for District Projects. The Board of
Directors must approve individual change orders where the amount is greater
than $50,000.
Central Contra Costa Sanitary District
Purchasing Policies and Procedures
Page 12 of 154
3.7 Equipment Budget Expenditures
The Board of Directors approves equipment budget items for each fiscal year. In
addition, a lump sum dollar amount for contingency fund for unanticipated needs
is also approved. This contingency fund is released to the departments by
request to the General Manager. The General Manager must approve
expenditures from the contingency fund with a value of $5,000 or less. The
Board of Directors must approve expenditures from the contingency fund with a
value.greater.than $5,000.
3.7.1 Equipment Item Overrun. When the actual cost of the equipment budget
item is more than the budgeted amount, the following guidelines are to be
observed:
a. If the overrun does not exceed $5,000 or•10 %, whichever is greater, and
there are sufficient funds in the department's Equipment Budget line
account to cover the overrun, the purchase may proceed. An
informational memo shall be sent to the General Manager to keep him/her
aware of the budget variances. A copy of the memo should also be sent
to Purchasing who will proceed with the purchase once the memo is
received.-
b: If the overrun exceeds the above criteria, departments may request to
use contingency funds to cover the cost overrun and a contingency memo
or position paper will be required. If the dollar overrun is $5,000 or less,
the additional funds may be approved by the General Manager. If the
overrun exceeds $5,000 a position paper and Board approval will be
required..
3.7.2 Substitutions. Occasionally the need arises to substitute a functionally
different equipment item for a previously authorized Equipment Budget item. The
General Manager has the authority to authorize changes to, or substitutions of,
equipment in the amount of $5,000 or less.. Changes or substitutions exceeding
$5,000 require Board approval prior to making the changes or substitutions. The
following procedure should be followed:
a. Where a substitution is necessary, but the total does not exceed the
authorized Equipment Budget amount, a memo will be sent to the General
Manager detailing the need for the substitution.
b. If the substitution, or an unanticipated cost increase will result in the
purchase exceeding the authorized Equipment Budget amount by $5,000
or less, a contingency memo should be sent to the General Manager
outlining the need for substitution and /or the additional amount from
contingency required to make the purchase. Changes to authorized
Central Contra Costa Sanitary District
Purchasing Policies and Procedures
Page 13 of 154
Equipment Budget purchases that exceed $5,000 must be requested by a
Position Paper to the Board.
c. Once the General Manager or the. Board has approved the substitution, a
copy of the memo or position paper should be submitted to Purchasing
and Purchasing will proceed with the procurement.
Central Contra Costa Sanitary District
Purcriasing Policies and Procedures
Page 14 of 154
TABLE 3: CAPITAL IMPROVEMENT PROGRAM AUTHORIZATION LIMITS
ACTION
DEPARTMENT
GENERAL
BOARD OF
DIRECTOR
MANAGER
DIRECTORS
Approve Capital Plan
None
None
No limit
Authorize Capital Program
None
None
No limit
budgets
Allocate funds to individual
$25,000 Or less
Total program budget
No authorization
project budgets
plus contingency2
required
Authorize consultant
$35,000 Or less
$50,000 Or less
Greater than $50,000
contracts/amendments
Award construction contracts
None
$15,000 Or less
Greater than $15,000
Authorize
Additive
$35,000 Or less
$50,000 Or less
Greater than $50,000
construction
change orders
Deductive
More than ($50,000)
NA
NA
Allocate funds from program
$25,000 or less per
contingency accounts to
$10,000
project
projects not included in the CIB
Equipment contingency
None
$5,000 Or less
Greater than $5,000
Authorize supplemental funds
Sewer Construction
to program budgets/
Not applicable
Not applicable
Fund balance
contingency accounts
Allocate funds for project
5% of final project
budget4 or a
15 % of final project
Greater than 15% of
budget overruns
maximum of $10,000
budget3,4,5
final budget
Projects which have not
Projects which have
Close out project
None
required prior Board
had prior board action
(informational Position
action
Pa er required)
1 Treatment Plant, Collection System, General Improvements, and Recycled Water Programs
2 Limited by the remaining balances of the applicable program budget and contingency account
3 Limited by the remaining balance of the applicable program contingency account
"Final project budget is established at time of award of construction contract
5 Reduced by project overrun allocations previously made by Department Managers
FY 2009 -10 CIBI2009 CIP 11