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HomeMy WebLinkAbout03. Adopt 3 new Board Policies: (1) Purchasing, (2) Informal Bidding, and (3) Delegation of Authority to General Manager Page 1 of 35 Item 3. CENTRAL SAN CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: AUGUST 16, 2018 SUBJECT: ADOPT THE FOLLOWING THREE NEW BOARD POLICIES (BP)AND PROPOSED RESOLUTION: • BP 035 - PURCHASING • BP 036 - INFORMAL BIDDING • BP 037 - DELEGATION OFA UTHORITY TO GENERAL MANAGER • RESOLUTION NO. 2018-016 DELEGATING CLAIMS HANDLING AUTHORITY TO THE GENERAL MANAGER AND RESCINDING RESOLUTION NO. 2016-046 SUBMITTED BY: INITIATING DEPARTMENT: KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT DISTRICT REVIEWED BY: STEPHANIE KING, PURCHASING AND MATERIALS MANAGER EDGAR J. LOPEZ, CAPITAL PROJECTS DIVISION MANAGER PHILIP R. LEIBER, DIRECTOR OF FINANCE AND ADMINISTRATION ANN SASAKI, DEPUTY GENERAL MANAGER r-0-r�- Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE August 16, 2018 Regular Board Meeting Agenda Packet- Page 16 of 149 Page 2 of 35 Board approval is required for adoption of new Board policies and resolutions. BACKGROUND Staff has been working for some time to update Central San's existing Purchasing Policy and Procedures Manual (last adopted in 2003)to separate the policy statements from procedures and to incorporate industry best practices. Toward the end of that process, in May of this year, the Board adopted the Uniform Public Construction Cost Accounting Act (UPCCAA)with an effective date of September 1, 2018. This action not only affects Central San's purchasing and informal bidding practices, but it also increases certain authority limits with respect to public works projects that are currently delegated to the General Manager via resolution. I n addition to conducting a comprehensive review of existing purchasing practices, staff decided to take this opportunity to review the current General Manager authority resolution, last adopted by the Board in 2016, to incorporate the thresholds of the UPCCAA and to convert the resolution to a Board policy. As a result of this effort, three new Board policies are being brought forth at this time for the Board's consideration: 1. B P 035 - Purchasinp. This policy would replace the policy statements included in the existing Purchasing Policy and Procedures Manual adopted in 2003. 2. BP 036 - Informal Bidding. This is a new policy on informal bidding pursuant to the UPCCAA and delegates authority to the General Manager or his designee to award informal bid contracts. It was developed at the suggestion of District Counsel. 3. BP 037 - Delegation ofAuthority to General Manager. This is a new policy designed to replace the existing General Manager authority resolution last adopted in 2016. It sets forth in one document all authorities delegated to the General Manager other than those granted in the annual Central San Budget and new BP 036 - Informal Bidding. Each of these new Board policies is more fully explained below. Proposed BP 035 - Purchasinp History of the Purchasing Policyr On March 3, 1983, the Board adopted Chapter 2.36, Section 2.36.010 Purchasing and Materials Policy under Title 2 —Administration of the District Code. On October 16, 2003, the Board adopted the existing Purchasing Policy and Procedures. These were presented to the Board in the form of Policy Statements for the Board's approval (see Attachment 1.a. — Central Contra Costa Sanitary District Purchasing Policy Statements). The Policy Statements were accompanied by a procedures manual that included expanded procedural explanations of pertinent procurement topics. I n their approval, the Board delegated to the General Manager the authority to modify the procedures manual, consistent with the Board's adopted policies, when so required to comply with current law and address changing operational needs. On December 15, 2011, the Board adopted Resolution No. 2011-065 delegating certain authorities to the General Manager. As part of that resolution, the Board increased the delegated authority of the General Manager for professional consulting services agreements and for public works contracts from $50,000 to $100,000. At that time, staff authority for the procurement of all other goods and services was addressed in the resolution and Purchasing Policy by adding what was the current and a past practice of delegating authority to the General Manager as long as the amount was within the Board's adopted budget. A few August 16, 2018 Regular Board Meeting Agenda Packet- Page 17 of 149 Page 3 of 35 examples include the purchase of goods, supplies, furniture, tools, and chemicals, as well as maintenance and repair-type contracts such as hauling, facilities maintenance, software, and hardware support. Staff is recommending that this delegated authority remain the same, as is indicated in this new policy. This recommendation, also considered a best practice by the National Procurement Institute, will continue to ensure the efficient and timely procurement of essential goods and non-professional services for the operational and maintenance needs of the District. On December 7, 2017, the Board authorized an increase to the minimum quotation limit, from $3,500 to $5,000, which further delegated vendor selection to staff while encouraging staff to do business with local companies. This authorization also increased the maximum single purchase limit of the District procurement cards to $5,000. On May 3, 2018, the Purchasing section of the District Code was amended to add a new Paragraph reflecting the Board's adoption of the UPCCAA. New Purchasing Polio[ The new proposed BP 035 - Purchasing(see Attachment 1)was drafted with the following goals in mind: 1. To change the existing format so that the policy is separate from the procedures; 2. To put in place a high level set of principles that reflect best practices and which are comparable to other agencies. Other than consolidating the policy matters into a concise Board policy document and separating such from the procedures, there are primarily two changes to the new proposed Purchasing Policy: 1. Public works project limits: Effective September 1, 2018, solicitation requirements and contracting authority for public works projects will change in accordance with the limits established in the UPCCAA. The limit for informal bidding will be $45,000 and the limit for formal bidding will be $175,000. (These threshold limits are expected to increase effective January 1, 2019 to $60,000 and $200,000, respectively, if pending legislation is adopted.) 2. Amendments to professional consulting services agreements: Two amendment tiers are proposed based on the value of the agreement: i. Agreements of$1 million or less will require Board authorization when the amendment will increase the value of the agreement more than 15% or$100,000, whichever is greater. ii. Agreements greater than $1 million will require Board authorization when the amendment will increase the value of the agreement more than 10% or$200,000, whichever is less. Currently, Board authorization is required for any amendment in an amount greater than 15% of the original agreement. Staff is recommending this change, which will eliminate the need for Board authorization on the lower dollar amendments, but will still provide Board oversight of staff authority on larger agreements where 15% could be an excessive amount for staff authority. The proposed BP 035 - Purchasing has gone through a comprehensive internal review process, and has received considerable input from all departments at the District. The areas of focus in the new policy are legal compliance and best practices, as well as clearly communicating the District's solicitation requirements and contracting authority to the Board and staff. Proposed BP 036 - Informal Bidding Adoption of an informal bidding policy is necessary in connection with the Board's recent adoption of the UPCCAA under Ordinance No. 300. The current ordinance sets forth the option for the District to undertake and procure contracts for projects under specified dollar limits in a manner in conformance with the UPCCAA when doing so would be applicable and beneficial to the District. Staff is recommending August 16, 2018 Regular Board Meeting Agenda Packet- Page 18 of 149 Page 4 of 35 establishment of an informal bidding policy to facilitate implementation of the UPCCAA by highlighting important requirements concerning (1) bidding thresholds, (2) notice to contractors inviting informal bids, and (3) rejection of bids. The California Uniform Construction Cost Accounting Commission provides guidance recommending an informal bidding policy. Staff and District Counsel believe that the new proposed BP 036 - Informal Bidding (see Attachment 2) satisfies that standard. Proposed BP 037 - Delegation ofAuthority to General Manager I n the past, the Board has delegated authority to the General Manager via resolution, the most recent being Resolution No. 2016-046. That resolution sets forth authorization limits for emergency powers, claims handling, personnel actions, awards of contract, etc. as well as authority limits related to the Capital Improvement Program. Staff is recommending that the existing General Manager authority limits, as well as proposed public works authority limits under the UPCCAA, be consolidated into a new Board Policy rather than a resolution. The benefits of doing so are twofold: 1. The delegation of authority limits will receive regular biennial review because all Board policies are reviewed by staff and the Board every two years, and 2. The General Manager authority limits, other than those granted in the Central San Budget and in the new I nformal Bidding policy, will be contained in a single document which will be more easily accessible by staff and the Board. None of the proposed additions and revisions increase the General Manager's current authority levels, other than those associated with the UPCCAA. (As stated above, the threshold limits for formal and informal bidding may change from time to time based on legislative action.) Two new sections also have been added to the proposed policy as follows: Contracts for Goods and Services The General Manager is authorized to award and enter into contracts and purchase orders for goods and services within the Board's adopted operating budget, excluding labor, provided purchasing policy and procedures are adhered to. Procurement Cards The General Manager is authorized on behalf of the District to enter into credit card agreements and administer the procurement card program on behalf of the District. These two sections do not represent changes to current practice, but were added to specify in one document the full range of authority delegated to the General Manager. The proposed B P 037 - Delegation ofAuthority to General Manager is set forth in Attachment 3. Also attached is a strikeout version comparing the existing General Manager Authority Resolution No. 2016-046 with the language in the proposed Board policy (see Attachment 3.a.). Proposed Resolution Regarding Claims Handling One delegation in the current General Manager Authority Resolution No. 2016-046 relates to the allowance, compromise and settlement of claims in an amount not to exceed $50,000. 1 n accordance with Government Code §935.4, this delegation must be adopted via ordinance or resolution. It would be appropriate, therefore, if proposed BP 037 - Delegation ofAuthority to General Manager were to be adopted, for the Board to adopt this claims handling authority in a new resolution (see Attachment 4)that also rescinds all prior authorities in Resolution No. 2016-046. A reference to the new resolution has been incorporated in BP 037 under the section entitled Claims Handling. This way all of the Board's delegations of authority to the General Manager may be found in one document, with the exception of those authorities granted in the Central San Budget and the new BP August 16, 2018 Regular Board Meeting Agenda Packet- Page 19 of 149 Page 5 of 35 036 - Informal Bidding(if adopted) ALTERNATIVES/CONSIDERATIONS The Board may choose not to adopt the proposed policies, or may provide other direction to staff. FINANCIAL IMPACTS None. COMMITTEE RECOMMENDATION The Administration Committee reviewed this matter at its August 7, 2018 meeting and recommended adoption of all three new policies and the proposed resolution. Changes were recommended to BP 035 - Purchasing, as more fully explained in the Committee Minutes, which have been included in the agenda packet under Item 14.a. The Committee further requested that: 1. The policies, if adopted by the Board, be reviewed six months after adoption to consider further fine tuning; and 2. Staff include a General Manager Announcement in a Board agenda packet whenever the legislature has acted to change the UPCCAA threshold limits. RECOMMENDED BOARD ACTION Adopt the following three new Board policies and proposed resolution: • BP 035 - Purchasing • B P 036 - Informal Bidding • BP 037 - Delegation ofAuthority to General Manager • Proposed resolution delegating claims handling authority to the General Manager and rescinding Resolution No. 2016-046. Strategic Plan re-In GOAL ONE: Provide Exceptional Customer Service Strategy 2- Foster employee engagement and interdepartmental collaboration GOAL TWO: Strive to Meet Regulatory Requirements Strategy 3- Comply with all federal, state, and local regulations related to District administration GOAL THREE: Be a Fiscally Sound and Effective Water Sector Utility Strategy 2- Manage costs ATTACHMENTS: 1. Proposed New BP 035 - Purchasing 1.a. 2003 Purchasing Policy Statements 2. Proposed New BP 036 - Informal Bidding 3. Proposed New BP 037 - Delegation of Authority to General Manager August 16, 2018 Regular Board Meeting Agenda Packet- Page 20 of 149 Page 6 of 35 3.a. Strikeout comparing proposed BP 037 with current General Manager Authority Reso. No 2016-046 4. Proposed resolution delegating claims handling authority to General Manager August 16, 2018 Regular Board Meeting Agenda Packet- Page 21 of 149 Page 7 of 35 Number: BP 035 Related Admin. Procedure AP XXX Authority: Board of Directors Effective: August 16, 2018 DRAFT Revised: � CENTRALSAN Reviewed: Initiating Dept./Div.: Administration / Purchasing & Materials Services BOARD POLICY PURCHASING PURPOSE To receive the best value for materials, supplies, equipment, services and public works projects, and promote free and open competition through a fair and equitable selection process that complies with applicable federal, state and local laws and regulations. POLICY 1. Comply with applicable federal, state and local procurement laws and regulations; 2. Provide a fair and equitable bidding environment that fosters competition from responsive and responsible prospective contractors and vendors; 3. Be transparent; 4. Provide a timely, effective and consistent method of procurement of goods and services; 5. Provide best overall value for the supply of goods and services to support the needs of District departments and divisions; 6. Follow good business practices and adhere to all District policies and procedures; 7. Perform purchasing activities with the highest ethical standards; 8. Support the purchase of cost effective and environmentally sustainable products and services that minimize environmental impacts; 9. Manage inventory in a fiscally responsible manner; 10. Dispose of surplus, damaged, scrap, excess and obsolete material, equipment and supplies efficiently and economically; and PURCHASING AUTHORITY August 16, 2018 Regular Board Meeting Agenda Packet- Page 22 of 149 Page 8 of 35 Number: BP 035 PURCHASING Page 2 of 2 The Administration Department's Purchasing and Materials Services Division is the centralized procurement authority to contract for goods and services on behalf of the District in accordance with Chapter 2.36, Section 2.36.010 of the Central Contra Costa Sanitary District Code. RESPONSIBILITIES The General Manager and Purchasing Manager are authorized to establish and implement procedures to support this Policy. [Original retained by the Secretary of the District] August 16, 2018 Regular Board Meeting Agenda Packet- Page 23 of 149 Page 9 of 35 Attachment 1.a. Central Contra Costa Sanitary District 2003 Purchasing Policy Statements These Policy Statements below are set forth in the Purchasing Policies and Procedures Manual adopted by the Board on October 2, 2003. This attachment consolidates the existing Purchasing Policy Statements into one document for easier review by the Board. Chapter Two — Ethical Considerations The Central Contra Costa Sanitary District Code Section 2.36.010A states: 'It is the Central Contra Costa Sanitary District's policy to perform procurement activities in conformance with all applicable laws and with the highest ethical standards." Preservation of the District's reputation for the fair, honest and consistent treatment of suppliers can best be preserved if procurement is done solely on the merits of the transaction. All District personnel should conduct themselves in such a manner as to foster public and Board confidence in the integrity of the District's procurement operation. Chapter Three—Approvals and Authorizations All signature authority must be delegated in writing and approved by the Department Director, the District's Controller and the General Manager. Chapter Four— Introduction to Purchasing Procedures Procurements are not District obligations unless the procurements comply with the guidelines, procedures and policies approved by the Board of Directors. Chapter Five— Special Purchases and Procedures Various types of goods and materials require special processing or approvals. The District has established various processes and procedures to address the procurement of specialized goods, materials and services. Chapter Six- Recycled Product Procurement It is the policy of the District to utilize recycled products and recyclable products when feasible, thereby diverting materials from the solid waste stream. Emphasis shall be placed on the purchase of products manufactured with post-consumer recycled material. Chapter Seven — Vendor Relations and Vendor Performance It is essential that a professional, business-like relationship of mutual trust and confidence exist between the District and its vendors. August 16, 2018 Regular Board Meeting Agenda Packet- Page 24 of 149 Page 10 of 35 Attachment 1.a. The following concepts and processes are considered basic and fundamental to the District's vendor relationship policy: a. Vendors will be accorded prompt, courteous, fair and equal treatment. b. The District will not take advantage of vendor errors. c. Purchasing shall not make, nor be asked to make unreasonable or unnecessary demands on vendors. Chapter Eight— Fair and Open Competition The District requires that competitive pricing be secured for all contracts for goods or services greater than $3,500. This is done to ensure that the goods or services acquired by the District are at the lowest cost to the ratepayers. The foundation for effective fair and open competition is equal treatment of each vendor. Subject to the provisions of "Exemptions to Competitive Pricing" in this Chapter as well as Chapter Four— Introduction to Purchasing Procedures and Chapter Twelve — District Projects, no department shall draft, or cause to be drafted, any Request for Quotation, Invitation to Bid or Request for Proposal in such a manner as to limit the bidding, directly or indirectly, to any one bidder. As such, vendors will not be allowed to dictate the specifications and thereby limit the bidding to only their company's product. It is generally the District's policy that vendors or consultants who are paid to design part or all of a project, write product specifications, prepare bid or proposal documents, and/or evaluate bids or proposals, or the like, may not also participate as bidders or consultants to sell the District the subject product or service either directly or through business partners, associates or affiliates. The District reserves the right to waive this requirement when the following conditions are met: (1) it is in the best interest of the District to do so (2) District Counsel has been consulted and (3) full disclosure is made to the District's General Manager. It is imperative that no vendor is given an advantage over the others. Therefore, vendor offers will be kept confidential during the quotation or bidding process. A vendor is not entitled to know the bids of the competitors so he/she can undersell the competition. Chapter Nine— Specification Development All specifications shall seek to promote overall economy and functionality for the purposes intended and to encourage competition in satisfying the District's needs and shall not be unduly restrictive or luxurious. In order that the District receive the best quality of goods and services at the most advantageous price, the Purchasing Division will not issue bids for any article of a specific brand, nor any patented apparatus or appliance, when such requirements would prevent August 16, 2018 Regular Board Meeting Agenda Packet- Page 25 of 149 Page 11 of 35 Attachment 1.a. competition on the part of dealers or manufacturers of other articles of equal value, utility or merit. This means simply that Purchasing will not exclude competition by insisting on a particular manufacturer's product when other products of equal quality and functionality are available. This policy does not apply to those items upon which the District has standardized, for those items of a proprietary nature or for those times when it is deemed necessary or critical to match existing items. If a specific product is required, the requisitioning department must justify in writing to the Purchasing Manager, that the product desired has significant features that are lacking in other goods or services marketed by competitors. Purchasing will not procure a brand or model that differs from that specified by the requisitioning department unless the department agrees that an "equal" unit is satisfactory. However, if it is not satisfactory, the requisitioning department must clearly state why it is not and may be asked to justify the rejection in writing. Note: Specifications and drawings developed for a District construction project must be stamped by a registered engineer licensed to work in that particular field. Chapter Ten — Scope of Work Development It is the District's policy that clear, complete and logical Scopes of Work are developed to enable District consultants to understand the District's needs and aid District personnel in the administration of the agreement. Chapter Eleven - Quotations It is the District's policy to seek two quotes, as possible, when the value of the goods, services, materials, equipment and supplies is estimated to be between $3,501 and $15,000. The quotes shall be obtained in writing, by fax, or e-mail or from a reliable price list. Three quotes, as possible, will be obtained when the value of the goods, services, materials, equipment and supplies is estimated to be greater than $15,000. The quotes shall be in writing. (This policy does not apply to District Projects. The policy for District Projects, is found in Chapter Twelve of this manual). Chapter Twelve — District Projects District Projects of $15,000 or less do not require that a formal sealed bid process be initiated. However, a minimum of two written quotes will be obtained when the estimated value of the procurement is greater than $3,500. In accordance with the California Public Contract Code, District Projects with a value greater than $15,000 require that a formal sealed bid process be initiated. August 16, 2018 Regular Board Meeting Agenda Packet- Page 26 of 149 Page 12 of 35 Attachment 1.a. Any District Project that includes consultant-provided labor requires that the prevailing rate of per diem wages be paid for work valued at more than $1,000. Chapter Thirteen — Request for Proposals It is the District's policy to obtain the best available materials goods, equipment and specialized services for the ratepayer's money and to conduct a fair and equitable selection process that complies with Federal, State and local laws and regulations. Chapter Fourteen — Consultant Selection It is the District's policy to obtain the best available professional services for the ratepayer's money and to conduct a fair and equitable selection process that complies with Federal, State and local laws and regulations. Chapter Fifteen — Contract and Agreement Development Proper and adequate development of contracts and agreements is essential to protecting the interests of the District. Chapter Sixteen — Contract Administration Project Managers have the responsibility for ensuring that contract requirements are being met in a way that supports the best interests of the District. Chapter Seventeen — Insurance and Bonds Vendors, contractors and consultants providing services, materials or construction to the District are required to indemnify and defend the District for claims arising from their performance of the contract and supply proof of insurance coverage, at or greater than District standards, to the District. The proof the District requires is usually in the form of certificates of coverage and endorsements as provided by the contractor's insurance broker and/or carrier. All insurance requirements made of the contractor must appear in the contract, and in the case of a competitive bid, they should also be included in the Invitation to Bid or Request for Proposal. Chapter Eighteen — Cost Control Methods It is the District's policy that departments plan their purchases, issue non-restrictive specifications and encourage competition in an effort to control costs to the District. Chapter Nineteen — Receivin_g Procedures Goods, supplies, equipment and materials purchased by the District are to be shipped to the Materials Services Building (MSB) located at the Treatment Plant in Martinez, the Household Hazardous Waste Collection Facility in Martinez or to the Collection System Operations Division (CSOD) in Walnut Creek. August 16, 2018 Regular Board Meeting Agenda Packet- Page 27 of 149 Page 13 of 35 Attachment 1.a. Chapter Twenty— Payment Procedures Invoices for goods, services, materials and equipment procured by the District will be processed in such a manner and time as to maximize discount terms. District employees authorized to approve invoices for payment are responsible for auditing the invoice to insure that the District has been invoiced properly. Chapter Twenty-Two— Surplus Equipment Disposition of surplus District property will be accomplished through the Purchasing Division. Property will be disposed of by the following methods: a. Make available to other departments b. Trade-in on new equipment. c. Sale at public auction. d. Sale by sealed bids. e. Junking (using as spare parts). f. Sale as scrap. g. Donation to non-profit organization. August 16, 2018 Regular Board Meeting Agenda Packet- Page 28 of 149 Page 14 of 35 Attachment 2 Number: BP 036 Related Admin. Procedure AP XXX Authority: Board of Directors Effective: August 16, 2018 DRAFT Revised: Reviewed: CENTRALSAN Initiating Dept./Div.: Engineering/ Capital Projects BOARD POLICY INFORMAL BIDDING PURPOSE To establish a Central Contra Costa Sanitary District (Central San) Board Policy on informal bidding pursuant to the Uniform Public Construction Cost Accounting Act (UPCCAA) (California Public Contract Code (PCC) §§22000-22045). POLICY 1. District Projects, as defined by PCC §20801, may be let to contract by the informal procedures as set forth in the UPCCAA. 2. The Central San Board delegates the authority to award such informal bid contracts to the General Manager or his designee. UPCCAA BIDDING THRESHOLDS FOR DISTRICT PROJECTS 1. District Projects of $45,000* or less may be performed by the employees of the District by force account, by negotiated contract, or by purchase order. 2. District Projects of $175,000* or less may be let to contract by informal bidding procedures as set forth in the UPCCAA. a. If a District Project was let to contract by informal bidding under the UPCCAA procedures, then Board approval is required for a change order to the public project that would cause the total cost of the project to exceed $175,000*. 3. District Projects of more than $175,000* must be let to contract by the formal bidding procedures set forth in the PCC. These limits shall be raised concurrently with changes to the UPCCAA. August 16, 2018 Regular Board Meeting Agenda Packet- Page 29 of 149 Page 15 of 35 Number: BP 036 INFORMAL BIDDING Page 2 of 2 NOTICE TO CONTRACTORS INVITING INFORMAL BIDS 1. Central San will maintain a list of qualified contractors, identified by categories of work. Contractors on the list for the category of work being bid will be mailed, faxed, or emailed a notice inviting informal bids at least 10 calendar days before bids are due. 2. Alternatively, Central San may elect to mail, fax, or email a notice inviting informal bids to the applicable construction trade journals specified in PCC §22036. 3. The notice inviting informal bids must describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids. REJECTION OF BIDS 1. In its discretion, Central San may reject any bids by providing written notice pursuant to the terms of PCC §22038. 2. If a contract is awarded, it must be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, Central San may accept the one it chooses. 3. If no bids are received through the formal or informal procedure, the project may be performed by the employees of Central San by force account or negotiated contract without further complying with the UPCCAA. PROHIBITION ON SPLITTING PROJECTS TO EVADE BIDDING THRESHOLDS District Projects shall not be split or separated into smaller work orders or projects for the purpose of evading the provisions of the UPCCAA requiring work to be done by contract after formal or informal competitive bidding. [Original retained by the Secretary of the District] August 16, 2018 Regular Board Meeting Agenda Packet- Page 30 of 149 Page 16 of 35 Attachment 3 Number: BP 037 Authority: Board of Directors Effective: August 16, 2018 DRAFT Revised: -- Reviewed: Initiating Dept./Div.: Board of Directors/ CENTRALSAN Secretary of the District BOARD POLICY DELEGATION OF AUTHORITY TO GENERAL MANAGER PURPOSE The proper functioning of the Central Contra Costa Sanitary District ("Central San") requires that the General Manager and his or her staff have adequate authority to carry out both the routine and reoccurring functions as well as the emergency functions of Central San. With the exception of the Board's delegation of authority and limitations on staff authority through the approval and adoption of the Central San Budget as well as Board Policy No. BP 036 — Informal Bidding, this policy consolidates and clarifies the Board's delegation of authority to the General Manager and his or her designee and helps to ensure the efficient operation of Central San. POLICY The General Manager and his or her designee shall have the authority to carry out the functions of Central San as follows: 1. General Authorization The General Manager is authorized to execute all deeds, contracts, warrants, releases, receipts and similar documents for and on behalf of Central San in accordance with California Health and Safety Code §6487, including all documents prepared and circulated as part of the public competitive bidding process. Nothing in this Section 1 is intended to alter or eliminate any other statutory or District Code procedural requirements which may exist. 2. Emergency Powers a. Immediate Action in Emergencies. Pursuant to California Public Contract Code (PCC) §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 PCC §1102, and to procure the necessary equipment, services, and supplies for those purposes, when the anticipated expenditures may exceed the lower limit of the threshold requiring bidding for a project under the amount specified by PCC August 16, 2018 Regular Board Meeting Agenda Packet- Page 31 of 149 Page 17 of 35 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 2 of 8 §22032(a) (currently $45,000), without giving notice for bids to let contracts. b. Reportinq to the Board. In the event of an emergency, as defined, the General Manager shall report to the Board not later than 7 days after the action, or at its regularly scheduled meeting if that meeting will not occur later than 14 days after the action, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. C. Regular Review Required. In the event of an emergency, as defined, the Board shall initially review the emergency action as set forth in paragraph b. above, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths (4/5) vote, that there is a need to continue the emergency action, unless the General Manager has terminated that action prior to the Board's review of that action. d. Termination of Emergency. Upon its review of the emergency action, the Board shall terminate that action at the earliest possible date that conditions warrant so that the remainder of the emergency action necessitated by the emergency may be completed by giving notice for bids to let contracts. 3. 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. 4. Easement Acquisitions and Leasing Property a. Acquisition of Easements. The General Manager is authorized to negotiate for grants of easements or offers of dedication and, where required, purchase easements and offers of dedication in favor of Central San. The General Manager shall also be authorized to prepare the documentation as may be required for recording the property rights with the County Recorder's Office, and to take other such action as may be required to implement the acquisition of said easements and offers of dedication. The General Manager will provide periodic reports to the Board on such purchases and expenditures. However, the Board shall retain the sole power to accept by resolution any and all easements and offers of dedication received by Central San. After acceptance of an easement or dedication by the Board, the General Manager shall have the authority to record said easements and offers of dedication for the purpose of providing legal notice of Central San's acceptance and the property rights contained therein. August 16, 2018 Regular Board Meeting Agenda Packet- Page 32 of 149 Page 18 of 35 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 3 of 8 b. Rights of Entry, Etc. 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 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. Funding. The General Manager is authorized to fund the purchase of easements, offers of dedication and similar real property-related rights, provided adequate funding is included in Central San's Board-approved Capital Improvement Budget. d. Lease Agreements. The General Manager, in accordance with the provisions of Chapter 7.08 of the District Code, is authorized to execute agreements relating to the leasing out of Central San property which has been declared by the Board after a public hearing as not needed for Central San's operations for the period covered by the lease term. 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 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. 6. Claims Handling a. Rejection of Claims. The General Manager is authorized to act on behalf of the Board pursuant to Government Code§§ 910, et seq. to reject, return as insufficient, or return as untimely any claims against it, and to provide any notices authorized under those statutes on behalf of Central San. b. Settlement of Claims. Pursuant to Government Code §935.4 and Resolution No. 2018-016, the Board delegates the authority to the General Manager to allow, compromise or settle claims against Central San 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. August 16, 2018 Regular Board Meeting Agenda Packet- Page 33 of 149 Page 19 of 35 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 4 of 8 7. Joint Powers Agreements The General Manager is authorized without Board approval to execute Joint Powers Agreements and similar cooperative agreements with cities, counties, special districts and other government entities relating to Board-approved construction projects, such as paving or landscaping, where the funds exchanged in the agreement do not exceed $100,000. 8. Contracts for District Projects Not Exceeding the General Manager Public Works Delegation Limit Pursuant to PCC §22034 (c), the General Manager's Public Works Delegation Limit is $175,000 or the amount of the informal bid limit as established periodically by the State of California through Statute (PCC §22032(b)) related to the Uniform Public Construction Cost Accounting Act (UPCCAA). The General Manager is authorized to take such actions as are statutorily provided to the Awarding Body for contracts for District Projects of not more than the General Manager's Public Works Delegation Limit provided legally appropriate bidding or procurement procedures have been undertaken. See Exhibits A and B. 9. Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements a. New Agreement Authorization Limit. The General Manager is authorized to approve and execute Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements that do not exceed $100,000 in total cost. b. Agreement Amendments. The General Manager is authorized to amend Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements as follows: 1) Original Agreement - $1 Million or Less. For such agreements with an original amount of $1 million or less, the amendments must be less than the greater of 15 percent of the original agreement amount or $100,000. 2) Original Agreement— More than $1 Million. For such agreements with an original amount of more than $1 million, the amendments must be less than the greater of 10 percent of the original agreement amount or $200,000. 3) Amendments Causing Agreement Total to Exceed $100,000. An amendment to such an agreement which did not initially require August 16, 2018 Regular Board Meeting Agenda Packet- Page 34 of 149 Page 20 of 35 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 5 of 8 Board approval may not cause the agreement to exceed the $100,000 General Manager authorization limit without prior Board approval. See Exhibits A and B. 10. District Projects and Capital Improvement Program a. Capital Improvement Program Authorization Limits. The General Manager is authorized to expend funds available within the Capital Improvement Budget as set forth and limited by the amounts and other limitations set forth in Exhibit A. b. Change Orders. The General Manager is authorized to approve change orders (cumulatively) up to the construction contract contingency budget determined at time of award on all District Projects, limited by the authorizations defined in Exhibit A. As a guideline, typically the contract contingency shall not exceed 10 percent of the award amount. The percentage may be adjusted to a lower figure for larger projects or may be increased on projects where special circumstances are present. Such lower or higher contingency amount will be evaluated on a case-by-case basis. C. Increase to Contract Contingency. Board authorization is required to increase the contract contingency budget amount on contracts awarded by the Board after time of award. See Exhibits A and B. 11. Contracts for Goods and Services The General Manager and Purchasing and Materials Manager are authorized to award and enter into contracts and purchase orders for goods and services within the Board's adopted operating budget, excluding labor, provided purchasing policy and procedures are adhered to. See Exhibit B. 12. Procurement Cards The General Manager is authorized on behalf of Central San to enter into credit card agreements and administer the credit card program on behalf of Central San. August 16, 2018 Regular Board Meeting Agenda Packet- Page 35 of 149 Page 21 of 35 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 6 of 8 13. Personnel Actions Otherwise Reserved to Board pursuant to District Code Chapter 4 The General Manager is authorized to take the following personnel actions which are otherwise reserved to the Board pursuant to Chapter 4 of the District Code: a. Adds/Cancels. The addition or deletion of any permanent positions approved in the annual budget (Section 4.04.020 of the District Code). These deletions and additions may not exceed the number of authorized positions and-result in an increase in Central San's annual budgeted labor costs. b. Classifications. The establishment of new classifications and assignment of pay grade within the existing salary schedule, as well as any amendments to or the abolition of classification descriptions. These actions may not result in an increase of Central San's annual budgeted labor costs (Sections 4.12.010 and 4.12.040 of the District Code). C. Manager Appointments. The appointment of management-level positions (Section 4.16.070(a) of the District Code). 14. Other Personnel Actions The General Manager is authorized to take the following actions without Board approval: a. Transitional Positions: 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. Appointments/Disciplinary Actions. Make appointments and promotions, take disciplinary actions and take such other actions as required for the proper operation of Central San, provided such actions are consistent with the then current Central San personnel rules and procedures, Memoranda of Understanding (MOU) and Board Policies. C. Employee Recognition. Grant administrative leave for employee recognition purposes, such as for safety awards or similar special recognitions for undertaking Central San responsibilities outside of the employee's existing job function. The granting of such leave will be evaluated by the General Manager on a case-by-case basis. d. Other Actions. Take any other actions as set forth in the Board approved MOUs with Central San's bargaining units. August 16, 2018 Regular Board Meeting Agenda Packet- Page 36 of 149 Page 22 of 35 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 7 of 8 EXHIBIT A Capital Improvement Program Authorization Limits Action General Manager Board of Directors Approve Capital Improvement Plan and Budget(CIPICIB) None No limit Transfer funds to individual project budgets $500,000 or less' No limit Professional Consulting Services $100,000 or less Greater than$100,000 Authorize Consultant Technical Consulting Services $100,000 or less Greater than$100,000 Contracts Professional Engineering Services $100,000 or less Greater than$100,000 Transfer funds from CIB contingency account to projects not $175,000*or less Greater than$175,000* included in the CIB per project2 Individual equipment items and equipment contingency in Up to amount specified in No limit the Equipment Budget Equipment Budget Individual equipment items not in the Equipment Budget $50,000 or less No limit Authorize supplemental funds to program budgets Not applicable Sewer Construction Fund and contingency account balance Award construction contracts3 $175,000*or less Greater than$175,000* Authorize Additive $175,000*or less Greater than$175,000* construction No Board authorization change orders Deductive No limit required Subcontractor substitutions All substitutions unless Substitutions protested by protested by subcontractor subcontractor Construction project acceptance All projects Informational announcement to the Board Close out project All projects Memo provided to the Board at end of fiscal year 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 with the exception of those under$175,000 and which fall under the provisions of the California Uniform Public Construction Cost Accounting Act (UPCCAA) (§§ 22042 and 22042.5) *These limits shall be raised concurrently with changes to the UPCCAA(California Public Contract Code §§22032(a), representing the threshold above which formal bidding is required under the UPCCAA. August 16, 2018 Regular Board Meeting Agenda Packet- Page 37 of 149 Page 23 of 35 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 8 of 8 EXHIBIT B Contracting Authority Limits Contracting Authority CATEGORY OF THE PROCUREMENT Professional Consulting Public Works Value Goods and Services Services Projects' > $0 GM Delegated Authority' > $0 and <_$100,000 GM Delegated Authority > $100,000 Board Authorization Required > $0 and <_$175,000 GM Delegated Authority > $175,000 Board Authorization Required Change Orders > $175,000 Board Authorization Required Amending Agreements<_ Board Authorization $1,000,000: >15% or$100,000, Required whichever is greater Amending Agreements > $1,000,000: >10% or$200,000, Board Authorization whichever is less Required The Board delegates authority to the General Manager, or their designee, to award and enter into contracts for goods and services within the Board's adopted operating budget, excluding labor, provided purchasing policy and procedures are adhered to. 2 Board authorization is required for amendments that cause the agreement to exceed $100,000 when the original agreement did not have prior Board authorization because it was less than or equal to $100,000. [Original retained by the Secretary of the District] August 16, 2018 Regular Board Meeting Agenda Packet- Page 38 of 149 Page 24 of 35 Attachment 3.a. Number: BP 037 Authority: Board of Directors Effective: August 16, 2018 Revised: Reviewed: Initiating Dept./Div.: Board of Directors/ CENTRALSAN Secretary of the District BOARD POLICY RESOLUTION I (TION NO '�rl�o A RESOLUTION(TION OF THE CENTRAL CONTRA COSTA SANITARY L ICTRIGT SETTING FORTH AND DELEGATING G-ER�N AUTHORITIES TO THE GENERAL MANAGER AND RESCIND!nl(_ RESOLUTION(TION NOS 2015 010 AND 2016_(1�i2 \.NHCRCnC the , DELEGATION OF AUTHORITY TO GENERAL MANAGER PURPOSE 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;aid. With the exception of the Board's delegation of authority and limitations in staff authority through the approval and adoption of the Central San Budget as well as Board Policy No. BP 036 — Informal Bidding, this policy consolidates and clarifies the Board's delegation of authority to the General Manager and his or her designee and helps to ensure the efficient operation of Central San. WHEREAS, On past years the Central San Board of DireGtOrS ("Board") has provided fo.r of nenessary funntions; avid WHEREAS, the Boarrd has also nreyirderd anid nentinues to provide both delegation of other dOGLIrnentsSdGh as GeRtrols PLAFGhoc� DeliGy and RreGeldures and the Budgets; and his er her idecienee�help to eRSUrrethe effTGF n�erotien of Central Con THEREFORE, the Board SeekS te Glarify the delegation of certain authority and hereby resolves that the August 16, 2018 Regular Board Meeting Agenda Packet- Page 39 of 149 Page 25 of 35 General Manager Autherity ResE)1 1+i„r, 2016_046 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 2 of 10 POLICY The General Manager and his or her designee shall have the authority to carry out the functions of Central San as follows: SeEti=G= l=. 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 SeGtiGR §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. SeEtien 2=. Emergency Powers a. Immediate Action in Emergencies. Pursuant to California Public Contract Code (PCC) §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 PCC §1102, and to procure the necessary equipment, services, and supplies for those purposes, when the anticipated expenditures may exceed $4-5the lower limit of the threshold requiring bidding for a project under the amount specified by PCC §22032(a) (currently $45,000;), without giving notice for bids to let contracts. b. Reportinq to the Board. 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. Regular Review Required. In the event of an emergency, as defined, the Board shall initially review the emergency action n„+ later than GeVe , day after the aGtienas set forth in paragraph b. above, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths (4/5) vote, that there is a need to continue the emergency action, unless the General Manager has terminated that action prior to the Board's review of that action. d. Termination of Emergency. Upon its review of the emergency action, the Board shall terminate that action at the earliest possible date that conditions warrant so that the remainder of the emergency action necessitated by the emergency may be completed by giving notice for bids to let contracts. August 16, 2018 Regular Board Meeting Agenda Packet- Page 40 of 149 Page 26 of 35 Genesi Manager nu+herity Roo. l6itiO, 2016 046 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 3 of 10 Seetien 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. 4: Easement Acquisitions and Leasing Property a. Acquisition of Easements The General Manager is authorized to negotiate for grants of easements or offers of dedication and, where required, purchase easements and 'offers of dedication in favor of Central San. 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 DistriE;VsUentral San . acceptance and the property rights contained therein. b. Rights of Entry, Etc 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 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. I-uncaint 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 DiStFOGVS ventral San Board- approved Capital Improvement Budget. d. Lease Agreements The General Manager, in accordance with the provisions of Chapter 7.08 of the District Code, is authorized to execute agreements relating to the leasing out of Central San property which has been declared by the Board after a public hearing as not needed for Central San's operations for the period covered by the lease term. SeEtien5: Use of Small Claims Court August 16, 2018 Regular Board Meeting Agenda Packet- Page 41 of 149 Page 27 of 35 General Manager nu+herity Rosea tiOR 2016_046 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 4 of 10 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 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. SeG#eR-6 Claims Handling a. Rejection of Claims. The General Manager is authorized to act on behalf of the Board pursuant to Government CodeseGtieRe 910, et seq. to reject, return as insufficient, or return as untimely any claims against it, and to provide any notices authorized under those statutes on behalf of Central San. b. Settlement of Claims. Pursuant to Government Code s0� §935.4; and Resolution No. 2018-1, the Board delegates the authority to the General Manager to allow, compromise or settle claims against the D;StriGtCentral 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. 7: Joint Powers Agreements The General Manager is authorized without Board approval to execute Joint Powers Agreements and similar cooperative agreements with cities, counties, special districts and other government entities relating to Board-approved construction projects, such as paving or landscaping, where the funds exchanged in the agreement do not exceed $100,000. Seetiop,8= Contracts for District Projects Not Exceeding &108the General Manager Public Works Delegation Limit Pursuant to PCC §22034 (c), the General Manager's Public Works Delegation Limit is $175,000 or the amount of the informal bid limit as established periodically by the State of California through Statute (PCC §22032(b)) related to the Uniform Public Construction Cost Accounting Act (UPCCAA). The General Manager is authorized to take such actions as are statutorily provided to the Awarding Body for contracts for District Projects of not more than $�99�8�the General Manager's Public Works Delegation Limit provided legally appropriate bidding or procurement procedures have been undertaken. August 16, 2018 Regular Board Meeting Agenda Packet- Page 42 of 149 Page 28 of 35 General Maga er nu th„rity Rose! t r,r, 2016_046 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 5 of 10 See Exhibits A and B. Sec4keR-9= Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements a. New Agreement Authorization Limit. The General Manager is authorized; ass t forth in GeRtral Canso P Urhao� Dnlicy 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. SeGtion«AmeRdrnents-to Professional Consulting Agreermi rettJ, TeGhrnoGaT rGnoi 1ltin A roomonto and PrGfe SSOGRal Cn inoorin A reemonto b. Agreement Amendments. The General Manager is authorized to amend Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements fer aFnGURtsas follows: 1) Original Agreement - $1 Million or Less. For such agreements with an original amount of$1 million or less, the amendments must be less than fift�the greater of 15) percent of the original agreement amount. LL,weyer an amendment to Drefessienal Consulting Agreement, TeGhRiGal GensuTt+ng or $100,000. 2) Original Agreement and Professional Engineerinn More than $1 Million. For such agreements with an original amount of more than $1 million, the amendments must be less than the greater of 10 percent of the original agreement amount or $200,000. 3) Amendments Causing Agreement Total to Exceed$100,000. An amendment to such an 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. See Exhibits A and B. SeGtiy�i oonr11:10. District Projects and Capital Improvement Program a. Capital Improvement Program Authorization Limits. The General Manager is authorized to expend funds available within the Capital Improvement Budget as set forth and limited by the amounts and other limitations set forth in Exhibit A. b. Change Orders. The General Manager is authorized to approve change orders (cumulatively) up to the construction contract contingency budget determined at time of award on all District Projects, limited by the August 16, 2018 Regular Board Meeting Agenda Packet- Page 43 of 149 Page 29 of 35 General Manager nu+herity Rosea tiOR 2016_046 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 6 of 10 authorizations defined in Part a. SoG�.-Exhibit A. As a guideline, typically the contract contingency shall not exceed to-R410) 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. Increase to Contract Contingenc Board authorization is required to increase the contract contingency budget amount on contracts awaiued by the Boar( after time of award. See Exhibits A and B. co,.+� 11. Contracts for Goods and Services The General Manager and Purchasing and Materials Manager are authorized to award and enter into contracts and purchase orders for goods and services within the Board's adopted operating budget, excluding labor, provided purchasing policy and procedures are adhered to. See Exhibit B. 12. Procurement Cards The General Manager is authorized on behalf of Central San to enter into credit card agreements and administer the credit card program on behalf of Central San. Personnel Actions Otherwise Reserved to Board pursuant to District Code Chapter 4 The General Manager is authorized to take the following personnel actions which are otherwise reserved to the Board pursuant to Chapter 4 of the District Code. a. Adds/Cancer The addition or deletion of any permanent positions approved in the annual budget (Section 4.04.020 of the District Code). These deletions and additions may not exceed the number of authorized positions ana result in an increase in the DiStFiGt' Central San's annual budgeted labor costs. b. Classifications. The establishment of new classifications and assignment of pay grade within the existing salary schedule, as well as any amendments to or the abolition of classification descriptions. These actions may not result in an increase of Central San's annual budgeted labor costs (Sections 4.12.010 and 4.12.040 of the District Code). August 16, 2018 Regular Board Meeting Agenda Packet- Page 44 of 149 Page 30 of 35 Genesi Manager Autherity Rese161tiGR 2016 046 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 7 of 10 C. Manager Appointments. The appointment of management-level positions (Section 4.16.070(a) of the District Code). Se^t�3,14. Other Personnel Actions The General Manager is authorized to take the following actions without Board approval: a.a. Transitional Positions: 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. Appointments/Disciplinary Actions. Make appointments and promotions, take disciplinary actions and take such other actions as required for the proper operation of Central San, provided such actions are consistent with the then current Central San personnel rules and procedures, Memoranda of Understanding (MOU) and Board Policies. C. Employee Recognition. Grant administrative leave for employee recognition purposes, such as for safety awards or similar special recognitions for undertaking DistriG Central San responsibilities outside of the employee's existing job function. The granting of such leave will be evaluated by the General Manager on a case-by-case basis. d. Other Actions. Take any other actions as set forth in the Board approved MOUs with Central San's bargaining units. August 16, 2018 Regular Board Meeting Agenda Packet- Page 45 of 149 Page 31 of 35 r_eRerai Manager Au+hent" Rosoi +.,r, 2016_046 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 8 of 10 S'Ghon«QeSGScion of Drier ReoolU S resolution,As ef the effeGtove date of thms the existing Central San Resolution Nos. 2015 010 and 2016 019 are reonindelt PASSED AND ADOPTED this lot day of December, 20T1E, AYES:Members: Cause„, MGG011, lei I"0 �Dilci NOES: Members: ne ABSENT: Members: \A/illiamo Tail I Dile& President of the Beard of DioreGtorc ^+ SanitaryTc4 C i int., of Centra Costa,, Stat ' ornia rill NTERSIGNF=D• Elaine R. Boeh �` e 9entral GentFa Costa Sanita �i�TrGt e State of CalifOFRia APPROVED AS TO FORM: KeRtO R L. Alm, Esq. Ge rnoel for the Dnstrint [Original retained by the Secretary of the District] August 16, 2018 Regular Board Meeting Agenda Packet- Page 46 of 149 Page 32 of 35 General Manager Autherity ResE)1 1t'E)R 2016_046 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 9 of 10 EXHIBIT A Capital Improvement Program Authorization Limits Action General Manager Board of Directors Approve Capital Improvement Plan and Budget(CIP/CIB) None No limit Authorize Capital Program budgets Alone No limit Transfer funds to individual project budgets $500,000 or lessNo limit Professional Consulting Services $100,000 or less Greater than$100,000 Authorize Consultant Technical Consulting Services $100,000 or less Greater than$100,000 Contracts Professional€ng-.Engineering Services $100,000 or less Greater than$100,000 Transfer funds from CIB contingency account to projects not $400175,000*or Greater than$40175,000* included in the CIB less per project2 Individual equipment items and equipment contingency in Up to amount specified in Above arnount Spedfied in the Equipment Budget Equipment Budget EquipmeRt Budget-No limit Individual equipment items not in the Equipment Budget $50,000 or less (-4eater $tin 00ONo limit Authorize supplemental funds to program budgets Not applicable Sewer Construction Fund and contingency account balance Award construction contracts3 $x00175,000*or less Greater than$100175,000* Authorize Additive $x00175,000*or less Greater than$1-00175,000* construction No Board authorization change orders Deductive No limit required Subcontractor substitutions All substitutions unless Substitutions protested by protested by subcontractor subcontractor Construction project acceptance All projects Informational announcement to the Board Close out project All projects Memo provided to the Board at end of€Xfiscal year 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 Fegardless of dellar aMOURtwith the exception of those under$175,000 and which fall under the provisions of the California Uniform Public Construction Cost Accounting Act (UPCCAA) (§§ 22042 and 22042.5) *These limits shall be raised concurrently with changes to the UPCCAA(California Public Contract Code §22032(a)), representing the threshold above which formal bidding is required under the UPCCAA. August 16, 2018 Regular Board Meeting Agenda Packet- Page 47 of 149 Page 33 of 35 General Manager nu+herity RosE)i +.,r, 2016_046 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 10 of 10 EXHIBIT B Contracting Authority Limits Contracting Authority CATEGORY OF THE PROCUREMENT Professional Consulting Public Works Value Goods and Services Services Projects' > $0 GM Delegated Authority' > $0 and <_$100,000 GM Delegated Authority > $100,000 Board Authorization Required > $0 and <_$175,000 GM Delegated Authority > $175,000 Board Authorization Required Change Orders > $175,000 Board Authorization Required Amending Agreements <_ $1,000,000: >15%or$100,000, Board Authorization whichever is greater 2 Required Amending Agreements > $1,000,000: >10%or$200,000, Board Authorization whichever is less Required ' The Board delegates authority to the General Manager, or their designee, to award and enter into contracts for goods and services within the Board's adopted operating budget, excluding labor, provided purchasing policy and procedures are adhered to. 2 Board authorization is required for amendments that cause the agreement to exceed $100,000 when the original agreement did not have prior Board authorization because it was less than or equal to $100,000. August 16, 2018 Regular Board Meeting Agenda Packet- Page 48 of 149 Page 34 of 35 Attachment 4 RESOLUTION NO. 2018-016 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT DELEGATING AUTHORITY TO THE GENERAL MANAGER REGARDING SETTLEMENT OF CLAIMS WHEREAS, pursuant to Government Code Section 935.4, the Board of Directors may authorize via resolution an employee of Central San to allow, compromise, or settle a claim against Central Contra Costa Sanitary District (Central) San if the amount to be paid pursuant to the allowance, compromise or settlement exceeds $50,000; and WHEREAS, Government Code Section 935.4 further provides that such a resolution may provide that upon written order of that employee, a warrant may be issued in the amount for which a claim has been allowed, compromised or settled up to the $50,000 limitation stated above; and WHEREAS, it is deemed to be in the best interests of Central San to delegate the above authority to the General Manager. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Central San): 1. THAT the Board delegates authority to the General Manager to allow, compromise or settle claims against Central San not exceeding $50,000; and 2. THAT the General Manager may authorize payment of any such claims up to the stated limit; and 3. THAT as of the effective date of this resolution, the existing Central San Resolution No. 2016-046 is hereby rescinded. PASSED AND ADOPTED this 16th day of August, 2018 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 August 16, 2018 Regular Board Meeting Agenda Packet- Page 49 of 149 Page 35 of 35 Resolution No. 2018-016 Central Contra Costa Sanitary District Page 2 of 4 COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to Form: Kenton L. Alm, Esq. Counsel for the District August 16, 2018 Regular Board Meeting Agenda Packet- Page 50 of 149