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HomeMy WebLinkAbout07. Review proposed amendments to General Manager authority resolution• October 24, 2016 Central Contra Costa Sanitary District TO: ADMINISTRATION COMMITTEE FROM: ELAINE R. BOEHME, SECRETARY 0 THE DISTRICT VIA: KENT ALM, DISTRICT COUNSEL ROGER BAILEY, GENERAL MANAGER q 3 SUBJECT: GENERAL MANAGER AUTHORITY RESOLUTION Attached is the latest draft in strikeout of proposed revisions to the General Manager Authority, as currently set forth in Resolution 2015-010. Most of the revisions are minor and non -substantive. The proposed revisions have been reviewed by the General Manager, District Counsel, and other key staff. Below is a summary of the more substantive revisions: Section 1: The Code section listed requires a resolution for certain financial agreements, but there are other statutory procedural requirements for a number of actions. This section is not intended to interfere with any other procedural requirements so it is preferable not to call out only one. Section 4.a.: The revision is only to raise the issue that staff has the authority to purchase easements of any value without Board approval. If a limitation is desired, it can be added. Section 4.b.: Added real property agreements to the list of documents that staff can negotiate absent Board approval. Many real property agreements are recorded, so those already come to the Board and will continue to do so. Section 8: The new language makes it clear that for these smaller contracts the General Manager can also take actions such as substituting subcontractors without Board approval. Section 11: This adds the concept that the $100,000 figure is a cumulative amount. This is clearly a Board policy issue, but the language raises what has been the intent of this delegated authority. N:IADMINSUPIADMIN\DIST-SECIGM AUTHORITY\Memo 10-24-16 to Admin Comm re GM Authority.docxGM Authority Reso Section 13: Each of these sections delegates to the General Manager authority which otherwise is reserved for the Board. This is not intended to change current policy, rather it is intended to clarify that the General Manager now has this authority. Section 14: This is new language to specifically address these situations where past practice has allowed for this delegation but it was not in the prior resolution. Please review the proposed revisions and provide input to staff, or recommend Board approval if no changes are necessary. N:\ADM1NSUPIADMINIDIST-SECIGM AUTHORITY1Memo 10-24-16 to Admin Comm re GM Authority.docxGM Authority Reso 7. (Revised) RESOLUTION NO. 2015 0102016 -XXX A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT SETTING FORTH AND DELEGATING CERTAIN AUTHORITIES TO THE GENERAL MANAGER AND RESCINDING RESOLUTION 2011 065N0. 2015- 010 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 District Board of Directors ("Board") 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 Procedures and the BudgetBudgets; and WHEREAS, adopting a resolution which consolidates 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 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 section 6487, including all documents prepared and circulated as part of the public competitive bidding processith the - - - - - - - - - - - - - -- - - rnment Code Section 539 . Nothing in this Section 1 is intended to alter or eliminate any other statutory or District Code procedural requirements which may exist. Section 2: Emergency Power Authorization a. Pursuant to Public Contract Code Section 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 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. General Manager Authority Resolution 2015 -0102016 -XXX Page 2of7 b. In the event of an emergency, as defined, the General Manager shall report to the 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 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 Board's review of that action. d. 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. Section 3: Authorization under District Emergency Operations Plan The General Manager is designated as the Director of Emergency Services and has the authority set forth in Resolution No. 2010-089, or as set forth in the most recently adopted Emergency Operations Plan resolution or as amended by State state law. Section 4: Authorization for Easements Easement Acquisitions and Leasing Property a. The General Manager-, in accordance with Chapter 7 of the District Code, is authorized to negotiate for grants of easements or offers of dedication and where required purchase easements and offers of dedication in favor of the District -and . 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 purposes of the District in acquiring acquisition of said easements and offers of dedication. (Comment: This authority is without the Board's approval. Should there be a value limitation?) 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.dedication for the purpose of providing legal notice of the District's acceptance of the easements or offers of dedication and the property rights therein. b. The General Manager is authorized to purchase or otherwise obtain rights of entry--; and approve restoration agreements, encroachment permits real General Manager Authority 1 Resolution 2015 -0102016 -XXX Page 3 of 7 property agreements and similar agreements documents affecting access to or use of real property deemed necessary or prudent for the carrying out of District activities. If recording of any such documents is required to provide permanent rights with regard to such real property, such documents will require Board approval for formal acceptance and authorization to record. c. The General Manager shall have authority for funding for the purchase of easements, offers of dedication and similar delegated tot-- _--- _1 Ur -_: - :- real property related rights, provided adequate funding is included in the District's Board approved Capital Improvement Budget, which thech year., d. The General Manager, in accordance with Chapter 7 of the District Code, is authorized to execute agreements relating to the leasing out of District property that has been declared by the Board after a public hearing as not needed for the District's operations for the period covered by the lease term. 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 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 Board. General Manager Authority 1 Resolution 2015 -0102016 -XXX Page 4 of 7 Section 6: Claims Handling Authority The Board delegates to the General Manager the authority to act on its behalf pursuant to Government Code Sections sections 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 the District. Pursuant to Government Code Section section 935.4, the Board delegates the authority to the General Manager to allow, compromise or settle claims against the District not exceeding $50,000 with the understanding proviso that settlements between $25,000 and $50,000 would will be reported to the Board as information informational items at a following publicly noticed Board meeting. Section 7: Execution of Joint Powers Agreements The General Manager is authorized without Board approval 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 $100,000. Section 8: Delegation of Authority to Award Contracts for District Projects Not Exceeding $100,000 The General Manager is delegated the authority to take such actions as are statutorily provided to the Awarding Body for contracts for District Projects of -with a value greater than $15,000 and -of not more than $100,000, provided that a -formal -bid - process is conducted in accordance with Public Contracts Code section 20801, et seq., - - - - -- ------ -- - - ----- - The award shall be made to the lowest responsible bidder whose bid is responsive to the specifications issued by the Districtlegally appropriate bidding or procurement procedures have been undertaken. Section 9: A. Additional Delegations and Limitations on AuthorityApprovals and Authorization of Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements The General Manager has -shall have the authorizations set forth in the most recent Gapital Improvement B - - - - - - - - - - ' - - - ch year), the -authorizations -set forth in the ch « . ii "District Projects" of the District's Purchasing Policy and Procedures (adopted by the Board), and the authe-rizatiGns set forth in District Code Section 2.08.030 to execute all contracts, innnrr,nra in b a Aft t in h authority is -. by the Board or as required by Section for approval and execution of Professional Consulting Agreements, Technical Consulting General Manager Authority Resolution 2015 -0102016 -XXX Page5of7 Agreements and Professional Engineering Agreements; to wit, for such agreements that do not exceed $100,000 in total cost. Section 10: Delegation of Authority to Amend Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements The Board authorizes the General Manager to amend Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements for amounts less than fifteen (15) percent of the original agreement amount. However, an amendment to a Professional Consulting Agreement, Technical Consulting Agreement and Professional Engineering Agreement which did not initially require Board approval, may not cause the agreement to exceed the $100,000 General Manager authorization limit without prior Board approval. Section 11: Limitations on Approval of Change Orders on District Projects The General Manager shall have the authority to approve change orders up to $100,000 (cumulatively) on all contracts for District Projects. Section 12: Delegation of General Manager and Staff Capital Improvement Program Authorization Limits The General Manger shall be 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 to Resolution No. 2016-018, as Exhibit A may be modified by the Board from time to time. Section 1 -0 -Section 13: Delegation of Authority on Personnel Actions Otherwise Reserved to Board pursuant to District Code Chapter 4 The General Manager h„ he authoriza is delegated the authority for the following personnel actions which are otherwise reserved to the Board pursuant to Chapter 4 of the District Code. a. 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 shall in net not exceed the total number of budgeted authorized positions and may not result in an increase of more than one (1) percent of the District's annual budgeted labor costs. b. The establishment, amendment, and/or the abolishment of class descriptions or a change to the salary schedule (Sections 4.12.010 and 4.12.040 of the District Code). c.� Appointments to management -level positions as yet forth iSection 4.16.070(a) of the District Code General Manager Authority 1 Resolution 2015 -0102016 -XXX Page 6 of 7 Section 14. Delegation of Authority on Other Personnel Actions The General Manager is authorized to take the following actions without Board approval: 2.Appointments a. Appointment of up to five (5) General Manager Specials "transitional positions" at any given time. Th - - _ _ _ _ - -- - - _ - _ - _ - made to backfill those positions vacated due to an extended leave of absence of at employee or in Gases -of -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 cause the annual labor cost to exceed the District's annual budget for labor cost. b. Make appointments and promotions, take disciplinary actions and take such other actions as required for the proper operation of the District, provided such actions are consistent with the then current District personnel rules and procedures, Memoranda of Understanding (MOU) and Board Policies. c. Grant administrative leave for employee recognition purposes, such as for safety awards or similar special recognitions for undertaking District 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. 3.Any d. Take any other actions as set forth in the Board approved (MOUs with the District's bargaining units. Section 415: Rescission of Prior Resolutions As of the effective date of this resolution, the existing District Resolution 2011 065 No. 2015-010 is rescinded. PASSED AND ADOPTED this 23rd day of April, 2015 , 2016, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: Causey, Nejedly, Pilecki, Williams, McGill NOES: Members: None ABSENT: Members: None R. MiII, P.E. Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California General Manager Authority 1 Resolution 2015 -0102016 -XXX Page 7 of 7 COUNTERSIGNED: Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Approved as to form: Kenton L. Alm, Esq. Counsel for the District RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT SETTING FORTH AND DELEGATING CERTAIN AUTHORITIES TO THE GENERAL MANAGER AND RESCINDING RESOLUTION NO. 2015-010 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 District Board of Directors ("Board") 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 Procedures and the Budgets; and WHEREAS, adopting a resolution which consolidates 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 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. Nothing in this Section 1 is intended to alter or eliminate any other statutory or District Code procedural requirements which may exist. 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 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 General Manager Authority Resolution 2016 --XXX Page 2 of 6 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 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 Board's review of that action. d. 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. Section 3: Authorization under District Emergency Operations Plan The General Manager is designated as the Director of Emergency Services and has the authority set forth in Resolution No. 2010-089, or as set forth in the most recently adopted Emergency Operations Plan resolution or as amended by state law. Section 4: Authorization for Easement Acquisitions and Leasing Property a. The General Manager, in accordance with Chapter 7 of the District Code, is authorized to negotiate for grants of easements or offers of dedication and where required purchase easements and offers of dedication in favor of the District. 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. (Comment: This authority is without the Board's approval. Should there be a value limitation?) 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 dedication for the purpose of providing legal notice of the District's acceptance of the easements or offers of dedication and the property rights therein. b. The General Manager is authorized to purchase or otherwise obtain rights of entry; and approve restoration agreements, encroachment permits, real property agreements and similar documents affecting access to or use of real property deemed necessary or prudent for the carrying out of District activities. If recording of any such documents is required to provide permanent rights with General Manager Authority Resolution 2016 -XXX Page 3 of 6 regard to such real property, such documents will require Board approval for formal acceptance and authorization to record. c. The General Manager shall have authority for funding the purchase of easements, offers of dedication and similar real property related rights, provided adequate funding is included in the District's Board approved Capital Improvement Budget. d. The General Manager, in accordance with Chapter 7 of the District Code, is authorized to execute agreements relating to the leasing out of District property that has been declared by the Board after a public hearing as not needed for the District's operations for the period covered by the lease term. 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 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 Board. General Manager Authority Resolution 2616 -XXX Page 4 of 6 Section 6: Claims Handling Authority The Board delegates to the General Manager the authority to act on its behalf pursuant to Government Code sections 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 the District. 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 $50,000 with the proviso that settlements between $25,000 and $50,000 will be reported to the Board as informational items at a publicly noticed Board meeting. Section 7: Execution of Joint Powers Agreements The General Manager is authorized without Board approval 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 $100,000. Section 8: Delegation of Authority to Award Contracts for District Projects Not Exceeding $100000 The General Manager is delegated the authority to take such actions as are statutorily provided to the Awarding Body for contracts for District Projects with a value of not more than $100,000, provided legally appropriate bidding or procurement procedures have been undertaken. Section 9: Delegations and Limitations on Approvals and Authorization of Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements The General Manager shall have the authorizations set forth in the District's Purchasing Policy and Procedures Section for approval and execution of Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements; to wit, for such agreements that do not exceed $100,000 in total cost. Section 10: Delegation of Authority to Amend Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements The Board authorizes the General Manager to amend Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements for amounts less than fifteen (15) percent of the original agreement amount. However, an amendment to a Professional Consulting Agreement, Technical Consulting Agreement and Professional Engineering Agreement which did not initially require Board approval, may not cause the agreement to exceed the $100,000 General Manager authorization limit without prior Board approval. General Manager Authority Resolution 2016 -XXX Page 5of6 Section 11: Limitations on Approval of Change Orders on District Proiects The General Manager shall have the authority to approve change orders up to $100,000 (cumulatively) on all contracts for District Projects. Section 12: Delegation of General Manager and Staff Capital Improvement Program Authorization Limits The General Manager shall be 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 to Resolution No. 2016-018, as Exhibit A may be modified by the Board from time to time. Section 13: Delegation of Authority on Personnel Actions Otherwise Reserved to Board pursuant to District Code Chapter 4 The General Manager is delegated the authority for the following personnel actions which are otherwise reserved to the Board pursuant to Chapter 4 of the District Code. a. 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 shall in net not exceed the total number of budgeted authorized positions and may not result in an increase of more than one (1) percent of the District's annual budgeted labor costs. b. The establishment, amendment, and/or the abolishment of class descriptions or a change to the salary schedule (Sections 4.12.010 and 4.12.040 of the District Code). c. Appointments to management -level positions (Section 4.16.070(a) of the District Code). Section 14. Delegation of Authority on Other Personnel Actions The General Manager is authorized to take the following actions without Board approval: a. Appointment of up to five (5) General Manager "transitional positions" at any given time to backfill positions vacated due to an extended leave of absence or as necessary to properly address succession planning. General Manager "transitional positions" are positions not necessarily authorized in the annual budget. The cost associated with these appointments cannot cause the annual labor cost to exceed the District's annual budget for labor cost. b. Make appointments and promotions, take disciplinary actions and take such other actions as required for the proper operation of the District, provided such actions are consistent with the then current District personnel rules and procedures, Memoranda of Understanding (MOU) and Board Policies. General Manager Authority Resolution 2016 -XXX Page6of6 c. Grant administrative leave for employee recognition purposes, such as for safety awards or similar special recognitions for undertaking District 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. Take any other actions as set forth in the Board approved MOUs with the District's bargaining units. Section 15: Rescission of Prior Resolutions As of the effective date of this resolution, the existing District Resolution No. 2015-010 is rescinded. PASSED AND ADOPTED this day of , 2016, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CMC 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