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HomeMy WebLinkAbout06.e. Adopt resolution approving revisions to General Manager authority and rescind prior resolutionsCentral San BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 1, 2016 Subject: ADOPT RESOLUTION APPROVING REVISIONS TO GENERAL MANAGER AUTHORITY AND RESCIND RESOLUTION NOS. 2015-010 AND 2016-018 Submitted by: Initiating Dept/Div.: Elaine Boehme, Secretary of the District Administration REVIEWED AND RECOMMENDED FOR BOARD ACTION: Kenbbsh L. Alm Counsel for the District w # ..A..7%.1 La. Roger S. Bailey General Manager ISSUE: Board approval is requested to revise and clarify the General Manager Authority as currently set forth in Resolution Nos. 2015-010 and 2016-018. 6.e. BACKGROUND: In April 2015, the Board adopted Resolution No. 2015-010, revising several of the delegations of authority to the General Manager. Earlier this year the Board also adopted Resolution No. 2016-018, which set forth the staff authorization limits previously included in the Capital Improvement Program Budget. Several changes have occurred that require some modification to Resolution No. 2015-010. The Board has also provided several other specific delegations to the General Manager and staff through inclusion in other Board actions. It is preferable to address most, if not all, of these delegations of authority in a single Board adopted document. The attached proposed resolution makes the necessary modifications to Resolution No. 2015-010 and consolidates Resolution No. 2016-018 along with several of the Board's previous delegation actions. It is therefore recommended that Resolution Nos. 2015-010 and 2016-018 be rescinded and a new resolution be adopted to consolidate those prior Board actions and other revisions. The sections addressed below propose clarifications to existing language in Resolution No. 2015-010 or address issues not included in that prior resolution. The sections of the attached proposed resolution which are not discussed below reflect existing language with little or no editorial changes. Section 1 This revision merely removes a reference to a specific statute relating to certain financial agreements. This statutory reference is accurate, but there are also a number of other statutory procedural requirements for specific types of Board actions. It is preferable not to have a statutory reference to a single instance of special regulatory procedures when there are other statutes also requiring additional procedures. Section 4.a. Currently staff has the authority to purchase easements of any value without Board approval. There is no intended modification of that authority; Page 1 of 3 POSITION PAPER Board Meeting Date: December 1, 2016 Subject: ADOPT RESOLUTION APPROVING REVISIONS TO GENERAL MANAGER AUTHORITY AND RESCIND RESOLUTION NOS. 2015-010 AND 2016-018 however, language has been added to require periodic notification to the Board of such purchases. Section 4.b. Existing language is revised to merely add "real property agreements" to the list of documents that staff can negotiate and execute absent prior Board's approval. Many real property agreements are currently recorded to provide permanent protections for Central San, and those documents already require Board approval for recordation. That practice will remain. Section 4.d. Sanitary Districts are statutorily required to hold a public hearing prior to leasing of District property and those procedures are already addressed in District Code Chapter 7.08. There are instances where leased District properties may need to be leased to a new tenant within the time period previously approved by the Board. This occurs from time to time with the leased bays at 4737 Imhoff Place. The new language is intended to clarify that additional Board approval is not required for each new tenant. Section 8 The existing language delegates the award of contracts for District Projects under $100,000 to the General Manager. The new language makes it clear that the General Manager is also delegated the authority to take other actions normally reserved to the Board on these smaller contracts, such as authorizing the substitution of a subcontractor after compliance with the statutory procedures. Sections 9 & 10 These sections incorporate the existing language that is currently found in the District's Purchasing Policy. The incorporated language was previously approved by the Board through Board approval of the Purchasing Policy. Section 11 Existing language has been revised to provide some additional clarification to the authority previously provided the General Manager to approve change orders of $100,000 or less on District Projects. The additional language is intended to clarify that the cumulative amount of multiple smaller change orders may not exceed the Project's budgeted contingency amount approved by the Board. Section 12 A number of personnel actions are specifically reserved to the Board by existing District Code provisions. Each of the provisions in this section provides the General Manager with authority for these actions which otherwise is Page 2of3 POSITION PAPER Board Meeting Date: December 1, 2016 Subject: ADOPT RESOLUTION APPROVING REVISIONS TO GENERAL MANAGER AUTHORITY AND RESCIND RESOLUTION NOS. 2015-010 AND 2016-018 reserved to the Board by the District Code. These sections are intended to clarify that the General Manager has been delegated this authority. Section 13 The provisions of this section clarify the authority of the General Manager for additional personnel actions that are not specifically addressed by the District Code language and are appropriately within the purview of the General Manager and staff authority. These provisions are consistent with past practice and are listed here to confirm that practice. ALTERNATIVES/CONSIDERATIONS: None. FINANCIAL IMPACTS: None with this action. COMMITTEE RECOMMENDATION: This item was reviewed by the Administration Committee on October 24 and November 7, 2016. The Committee recommended adoption of the attached proposed resolution. RECOMMENDED BOARD ACTION: Rescind Resolution Nos. 2015-010 and 2016-018 and adopt the attached new resolution, which revises and restates several elements of the General Manager's authority. Attached Supporting Documents: 1. Proposed resolution (in final) 2. Proposed resolution (in strikeout) 3. Resolution No. 2016-018 (to be rescinded) Page 3 of 3 ATTACHMENT 1 RESOLUTION NO. 2016-O'/4 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT SETTING FORTH AND DELEGATING CERTAIN AUTHORITIES TO THE GENERAL MANAGER AND RESCINDING RESOLUTION NOS. 2015-010 AND 2016-018 WHEREAS, 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; and WHEREAS, in past years the Central San 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; 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 Central San's 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 Central San. THEREFORE, the Board seeks to clarify the delegation of certain authority and hereby resolves that the General Manager and his or her designee shall have the authority to carry out the functions of Central San 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 Central San 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 Powers 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. General Manager Authority Resolution 2016-0S/6 Page 2 of 7 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: 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: Easement Acquisitions and Leasing Property a. The General Manager is authorized to negotiate for grants of easements or offers of dedication and, where required, purchase easements and accept offers of dedication in favor of Central San. 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 the District's acceptance and the property rights contained 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 Central San activities. If General Manager Authority Resolution 2016- QI (, Page 3 of 7 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. c. 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 the District's Board -approved Capital Improvement Budget. d. 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. Section 5: Use of Small Claims Court 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 p for claims within general subject matter areas and where the amount of Central San'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 Central San. Section 6: Claims Handling The General Manager is authorized to act on behalf of the Board 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 Central San. 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 promptly to the Board as informational items at a publicly -noticed Board meeting. Section 7: 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 g to Board -approved construction projects, such as paving or landscaping, where the funds exchanged in the agreement do not exceed $100,000. General Manager Authority Resolution 2016- O 4', Page 4 of 7 Section 8: Contracts for District Proiects Not Exceeding $1OOOOO 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 $100,000, provided legally appropriate bidding or procurement procedures have been undertaken. Section 9: Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements The General Manager is authorized, as set forth in Central San's Purchasing Policy and Procedures section, to approve and execute Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements that do not exceed $100,000 in total cost. Section 10: Amendments to Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements The General Manager is authorized 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: District Proiects and Capital Improvement Program a. 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. 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 Part a. of this Section. As a guideline, typically the contract contingency shall not exceed ten (10) percent of the award amount. The percentage may be adjusted to a lower figure for larger projects or may be increased on projects where special circumstances are present. Such lower or higher contingency amount will be evaluated on a case-by-case basis. c. Board authorization is required to increase the contract contingency budget after time of award. General Manager Authority Resolution 2016- Oil !o Page 5 of 7 Section 12: 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. 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 result in an increase in the District's annual budgeted labor costs. b. 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. The appointment of management -level positions (Section 4.16.070(a) of the District Code). Section 13: Other Personnel Actions The General Manager is authorized to take the following actions without Board approval: a. Appoint 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 result in an increase in Central San's annual budget. b. 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. 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 Central San's bargaining units. General Manager Authority Resolution 2016- Off( Page6of7 Section 14: Rescission of Prior Resolutions As of the effective date of this resolution, the existing Central San Resolution Nos. 2015-010 and 2016-018 are rescinded. PASSED AND ADOPTED this day of , 2016, by the Board of Directors of the Central San 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 General Manager Authority Resolution 2016-0 �f(� Page 7 of 7 EXHIBIT A Capital Improvement Program Authorization Limits Action Approve Capital Plan Authorize Capital Program budgets Transfer funds to individual project budgets Professional Consulting Services Authorize Consultant Technical Consulting Services Contracts Professional Eng. Services Transfer funds from CIB contingency account to projects not included in the CIB Individual equipment items and equipment contingency in the Equipment Budget Individual equipment items not in the Equipment Budget Authorize supplemental funds to program budgets and contingency account Award construction contracts3 Authorize construction change orders Deductive Additive Subcontractor substitutions Construction project acceptance Close out project General Manager None None $500,000 or less 1 $100,000 or less $100,000 or less $100,000 or less $100,000 or less per project2 Up to amount specified in Equipment Budget $50,000 or less Not applicable $100,000 or less $100,000 or less No limit All substitutions unless protested by subcontractor All projects All projects Board of Director No limit No limit No limit Greater than $100,060 Greater than $100,000 Greater than $100,000 Greater than $100,000 Above amount specified in Equipment Budget Greater than $50,000 Sewer Construction Fund balance Greater than $100,000 Greater than $100,000 No Board authorization required Substitutions protested by subcontractor Informational announcement to the Board Memo provided to the Board at end of FY 1 Limited by the remaining balances of thea applicable program and contingency account pp P 9 9 Y 2 Limited by the remaining balance of the applicable contingency account 3 Bid protests and rejection of all bids must go to Board regardless of dollar amount ATTACHMENT 2 RESOLUTION NO. 2016401644-0 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT SETTING FORTH AND DELEGATING CERTAIN AUTHORITIES TO THE GENERAL MANAGER AND RESCINDING RESOLUTION NOS. 2015-010 AND 2016-0182011-065 WHEREAS, the proper functioning of the Central Contra Costa Sanitary District ("Central SanDistrict") 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 Santhe District; and WHEREAS, in past years the Central SanDistrict 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 Central San'stho Dictrict Purchasing Policy and Procedures and the BudgetsGapital Budget; 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 Central Santhe Dictrict. THEREFORE, the Board seeks to clarify the delegation of certain authority and hereby resolves that the General Manager and his or her designee shall have the authority to carry out the functions of Central Santhc Dist -4c t 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 Central Santho Dictrict 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, with tho oxcoption of financial transactions as defined in Govcrnmcnt Code Section 539-95. Section 2: Emergency PowersPowcr 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, General Manager Authority Resolution 2015 -0102016 - Page 2 of 8 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 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: 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: EasementAuthorizati-&n for Easements Acquisitions and Leasing Property a. The General Manager is authorized to negotiate for grants of easements or offers of dedication and, where required, purchase easements and accept offers of dedication in favor of Central San. The General Manager shall also be authorized tothc 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 acquisitionpurposes of the strict in acquiring said easements and offers of dedication. The General Manager will provide periodic reports to the Board on such purchases and expenditu res. However, JE) The Board shall retain the sole power to accept by resolution any and all easements and offers of dedication received by Central Santhe• 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 the purposepurposes of providing legalgiving notice of the General Manager Authority Resolution 2016 0102016 - Page 3 of 8 District's acceptance and theto subsequent property rights contained thereinowncrs. 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 documentsagreement-_, 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 recordDictrict activities. c. The General Manager is authorized to fundThc funding for the purchase of easements, offers of dedication and similar real property -related rights, provided adequate funding is -of -entry type agreements delegated to the General Manager will be included in the District's Board -approved Capital Improvement Budget. d 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. the Board approves each year. Section 5: Authorization fe-OUse of SmaII 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 Central San'sthc District's claim (amount in controversy) does not exceed the monetary limits of the jurisdiction of California SmaII 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 Central Santhc District. Failure to obtain a District permit or violation of any District permit condition; 2. Failure to pot:form work in conformanco-witFthe-Distriot's Standard Spocifications, either -0-n District faci-liticc or facilities which are -or will be connected to the District so-werage system; 3. Failuro to comply with inspoction requirem `th regard to either privato or public sewor faciiitios General Manager Authority Resolution 2016 0102016 - Page 4 of 8 4.. Failure to timely pay-feec,•, !case payments, and charges of the District, including penalties and intorcst that may -accrue as a result of the dolinquont paymontsi- 6. Damage to, or obstruction of, District f • 6. Violation -of -the District Code or failuro-to-Gomply with any othor lawful ¥ecolution order of the Board. Section 6: Claims HandlingAuthorb The Board delegates to the General Manager is authorizedthe-authority to act on its behalf of the Board 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 Central Santhc Dictrict. 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 provisoundcrstanding that settlements between $25,000 and $50,000 willwould be reported promptly to the Board as informational items at a publicly -noticed following 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: Delectation of Authority to -Award -Contracts for District Projects Not Exceeding $100,000 The General Manager is authorized to take such actions as are statutorily provided to delegated -the Awarding Body for authority to award contracts for District Projects of a value -gr -eater than $16,000 and not more than $100,000, provided legally appropriate bidding or procurement procedures have been undertaken.that a4ormal bid• process is conductod in accordance with Public Contracts Codo section 20801,•o-t,.,eq., and sealed bids -aro colicitod and opened by the Secretary of -the Di -strict in a public place at a predetermined time. The-award-sbal-19e-madc to tho lowest responsible bidcle-r-whoso b-icl-is-r-es-pon-sive to the specifications issued by the District. Section 9: Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements The General Manager is authorized, as set forth in Central San's Purchasing Policy and Procedures section, to approve and execute Professional Consulting Agreements, General Manager Authority Resolution 2016 0102016 - Page 5 of 8 Technical Consulting Agreements and Professional Engineering Agreements that do not exceed $100,000 in total cost. Section 10: Amendments to Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements The General Manager is authorized 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: District Projects and Capital Improvement Program a. 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. 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 Part a. of this Section. As a guideline, typically the contract contingency shall not exceed ten (10) percent of the award amount. The percentage may be adjusted to a lower figure for larger projects or may be increased on projects where special circumstances are present. Such lower or higher contingency amount will be evaluated on a case-by-case basis. c. Board authorization is required to increase the contract contingency budget after time of award. Section 12: Personnel Actions Otherwise Reserved to Board rursuant 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. 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 result in an increase in the District's annual budgeted labor costs. b. 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 General Manager Authority Resolution 2015 -0102016 - Page 6 of 8 Central San's annual budgeted labor costs (Sections 4.12.010 and 4.12.040 of the District Code). c. The appointment of Section : Authority C nd Limitations -on The General Manager has the authorizations set forth in-tho met)t rocent-Capital y the Board eaoh yoar), th h in the ohapters-e-n-titiod d "Di -strict Projects" of the District's Purchasing Policy -and Proceduros(adopted by e-Reard), and the authorizations cot forth in District Code Section 2.08.030 to execute all contracts, warrants, ral-c\asos, re-ceipts, and similaf-documonts for and on behalf o --ho District in accordance with California Health and Safety Code -Section -6487, incorporated herein by reference, includi - :rnents to any of tho above-clocuments as approvod by the Board er as required by law. Section 10: De4eciation-of Authority on Persian -Rol AOtieFiS The Genefa[-Manager h a It Appointments to management -level positions (as set forth Section 4.16.070(a) of the District Code), Section 13: Other Personnel Actions The General Manager is authorized to take the following actions without Board approval: a. Appoint Appointments of up to five (5) General Manager "transitional positions"Specials at any given time. Thes-e-app-ai-n-t-m-ents oan only be made to backfill those positions vacated due to an extended leave of absence or as necessary to properly address of an employee or in cases of 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'sexcood the Distriot's annual budget. b. 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, ,ict forth in tho BoardapprovedMemoranda 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. General Manager Authority Resolution 2016 0102016 - Page 7 of 8 d. Take any other actions as set forth in the Board approved MOUs with Central San'stho Districfs bargaining units. Section 144-1: Rescission of Prior Resolutions As of the effective date of this resolution, the existing Central Sangstrict Resolution Nos. 2015-010 and 2016-018 are 2011-065 is -rescinded. PASSED AND ADOPTED this 23rd day of 2016April, 2016, by the Board of Directors of the Central San Gontra Costa-ga-n-itary District by the following vote: AYES: Members: Causey, Nej-ed-ly, Pie€ki, Williams, McGill NOES: Members: None ABSENT: Members: None Tad J. Pilecki Michaol R. McGill, P.E 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: Approvod as to form: - Kenton L. AIm, Esq. Counsel for the District General Manager Authority Resolution 2015 -0102016 - Page 8 of 8 EXHIBIT A Capital Improvement Program Authorization Limits Board of Action General Manager Director Approve Capital Plan None No limit Authorize Capital Program budgets None No limit Transfer funds to individual project budgets S500000 or less 1 No limit Professional Consulting Services S100 000 or less Greater than $100,000 Authorize Consultant Technical Consulting Services S100 000 or less Greater than $100,000 Contracts Professional Eng. Services 5100 000 or less Greater than $100,000 Transfer funds from CIB contingency account to projects not 5100 000 or less per Greater than $100.000 included in the CIB project? Individual equipment items and equipment contingency in Up to amount specified in Above amount specified in the Equipment Budget Equipment Budget Equipment Budget Individual equipment items not in the Equipment Budget $50,000 or less Greater than $50,000 Authorize supplemental funds to program budgets Sewer Construction Fund Not applicable and contingency account balance Award construction contracts3 $100,000 or less Greater than $100,000 Authorize Additive $100,000 or less Greater than $100,000 construction change orders Deductive No limit No Board authorization required Subcontractor substitutions All substitutions unless Substitutions protested by protested by subcontractor subcontractor Informational Construction project acceptance All projects announcement to the Board Close out project All projects Memo provided to the Board at end of FY 1 Limited by the remaining balances of the applicable program and contingency account 2 Limited by the remaining balance of the applicable contingency account a Bid protests and rejection of all bids must go to Board regardless of dollar amount ATTACHMENT 3 RESOLUTION NO. 2016-018 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AMENDING GENERAL MANAGER AUTHORIZATION LIMITS SET FORTH IN THE CAPITAL IMPROVEMENT PROGRAM BUDGET 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, on April 10, 2014, the Board adopted Resolution No. 2014-008 setting forth General Manager authorities, including authorities contained in the most recent Capital Improvement Program Budget approved by the Board; and WHEREAS, at its meeting of May 10, 2016, the Engineering & Operations Committee reviewed and recommended changes to the General Manager and Board authorization limits contained in the most recent Capital Improvement Program Budget consistent with staff's recommendation to eliminate the use of program budget allocations under the District's Capital Improvement Program Budget; and WHEREAS, at its meeting of May 19, 2016, the Board approved eliminating of the use of Capital Improvement Program Budget allocations effective July 1, 2016 and, on June 2, 2016, adopted Resolution No_ 2016-017 confirming that that decision; and WHEREAS, at its meeting of May 19, 2016, the Board also approved increasing the authority limit to $500,000 for the General Manager to transfer funds to individual project budgets effective July 1, 2016; and WHEREAS, it is appropriate to update the table of Capital Improvement Program Authorization Limits to reflect both the elimination of Capital Improvement Program Budget allocations the increase in General Manager authority limit, which changes are reflected in Exhibit A, effective July 1, 2016. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District ("District") as follows: 1. The General Manager and Board authorization limits contained in the Capital Improvement Program Authorization Limits are amended as shown in Exhibit A, attached, commencing with Fiscal Year 2016-17; and 2. As of July 1, 2016, existing District Resolution No. 2014-008 shall be rescinded, PASSED AND ADOPTED this 2nd day of June, 2016, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: General Manager Authority Resolution 2016-018 Page 2 of 3 AYES: Members: Causey, Williams, Pilecki NOES: Members: None ABSENT: Members: McGill, Nejedly Tad J. Pilec 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 Cental Contra Costa Sanitary District County of Contra Costa, State of California v.; Approved as to form: Kenton L. Alm, Esq. Counsel for the District General Manager Authority Resolution 2016-018 Page 3 of 3 EXHIBIT A Capital Improvement Program Authorization Limits Action Approve Capital Plan Authorize Capital Program budgets Transfer funds to individual project budgets Professional Consulting Services Authorize Consultant Technical Consulting Services. Contracts Professional Eng. Services. Transfer funds from CIB contingency account to projects not included in the CB Individual equipment items and equipment contingency in the Equipment Budget Individual equipment items not in the Equipment Budget Authorize supplemental funds to program budgets and contingency account Award construction contracts3 Authorize construction change orders Deductive Additive Subcontractor substitutions Construction project acceptance Close out project General Manager None None $500,000 or less $100,000 or less $100,000 or less $100,000 or less $ 00,000 or less per project2 Up to amount specified in Equipment Budget $50,000 or less Not applicable $100,000 or less $100,000 or less No limit All substitutions unless protested by subcontractor An projects AU projects Board of Directors No limit No limit No limit Greater than $100,000 Greater than $100,000 Greater than $ 00,000 Greater than $100,000 Above amount specified in Equipment Budget Greater than $50,000 Sewer Construction Fund balance Greater than $100,000 Greater than $100,000 No Board authorization required Substitutions protested by subcontractor Informational announcement to the Board Merno provided to the Board at end of FY Limited by the remaining balances of the applicable program and contingency account 2 Limited by the remaining balance of the applicable contingency account 3 Bid protests and rejection of all bids must go to Board regardless of dollar amount