Chapter 2.05
GENERAL MANAGER
Sections:
2.05.020 Authority to accept real property.
2.05.040 Authority to make purchases, sign contracts and adopt policies and procedures.
2.05.050 Assistant general manager/chief operations officer.
2.05.060 Authority to settle or deny liability claims.
2.05.010 Terms of employment.
A. Office of General Manager. The position of general manager is established by the enabling act under which this district is organized, namely, the Municipal Water District of 1911, Water Code Sections 71000, et seq. The general manager is an officer of the district.
B. Duties and Authority. The general manager shall have the authority, duties and responsibilities as conferred under the Municipal Water District Law of 1911; as provided in the ordinances and resolutions of this district, and any other actions of the board of directors; and in accord with the policies and practices of the district.
C. Compensation. The compensation, fringe benefits and other terms of employment of the general manager, except for matters affecting all employees or all nonclassified employees of the district, shall be included in a written agreement with the general manager. Such agreement may be authorized by minute action of the board. Until such agreement has been executed, the compensation and fringe benefits of the general manager shall remain as they now exist. (Ord. 134 §§ 1, 2, 3, 1979)
2.05.020 Authority to accept real property.
The general manager and the manager of engineering and operations hereby are authorized to accept and consent to recordation on behalf of the district of all conveyances by which the district receives any interest in real property or water systems or sewer system for public purposes. (Res. 1911, 1995)
2.05.030 Right of entry.
The general manager and the manager of engineering and operations are hereby authorized to obtain entry permits related to planning, construction, or operation of water systems or sewer systems for public purposes. (Res. 1911, 1995)
2.05.040 Authority to make purchases, sign contracts and adopt policies and procedures.
A. Authorization. The general manager of the district, or his or her designee, is authorized to make, sign, and execute contracts for any legal purpose necessary for the operation, improvement, or benefit of the district, subject to any applicable state law or regulation, and any written policies, procedures, or conditions established by the general manager which shall be available for public distribution. The general manager may also transfer supplies and equipment between district operations as needed.
B. Budgeted Items – Board Approval. Contracts for capital items, services and public works in excess of $100,000 shall be authorized by the board and shall not exceed the amount set forth in either the district annual budget or a separate board action establishing the budgeted items. The board may require different or additional bidding requirements for any particular contract. Contracts in any amount must be authorized pursuant to the district annual budget or by separate board action.
C. General Conditions. All contracts shall be accomplished in the manner providing maximum benefits and minimum cost to the taxpayers and water users of the district.
D. Public Works Contracts Subject to Competitive Bidding. The following competitive bidding procedures shall be used for any public works contract which is subject to the competitive bidding requirements for municipal water districts under Section 20640 et seq. of the Public Contract Code.
1. Notice Inviting Bids. A notice inviting bids shall be published at least once in a newspaper of general circulation, which is distributed in the district, or in a location where the contract will be performed. The first publication shall be no later than seven days before sealed bids are opened. Such notice shall state: (a) the nature of the contract, (b) where the details of any special requirements may be obtained, (c) the date, time, and place for opening bids, and if required, (d) the amount of security. In addition, and insofar as it is practicable, bids shall be solicited from all reasonable contractors or suppliers who have requested in writing that they be notified.
2. Sealed and Written Bids. All bids shall be in writing and shall be presented under sealed cover to the district.
3. Security. All bidders shall be required to post security, which may be provided in one of the following forms: (a) cash, (b) cashier’s check made payable to the district, or (c) bidder’s bond in the amount of 10 percent of the total amount of the bid executed by an admitted surety insurer, made payable to the district. Any required security shall be submitted to the district simultaneous with submission of the bid. Upon award of the contract, the security of an unsuccessful bidder shall be returned within a reasonable period of time, not to exceed 60 days from the time the award is made, unless authorized by the bidder.
4. Opening of Bids. Bids shall be opened in public at the date, time, and place stated in the notice inviting bids. The general manager, or his or her designee, shall direct tabulation of all bids received, and shall allow public inspection of such tabulations during regular business hours.
5. Award to the Lowest Responsible Bidder. After all bids are opened, the general manager, or his or her designee, shall award the contract to the lowest responsible bidder. On refusal or failure of the successful bidder to execute the contract, the contract may be awarded to the next lowest responsible bidder. If two or more bids are of the same amount, and all are lower than any other bids received, award may be made to either or any one of the tie bids.
6. Rejection of Bids – Report to Board. If no bids are received from responsible bidders, if all bids received are either too high or nonresponsive, or if an insufficient number of bids are received, the general manager, or his or her designee, may reject all bids and authorize the contemplated work to be performed by the district by force account, or new bids may be solicited in conformance with this section. Any action taken pursuant to this subsection shall be reported to the board at its next regular meeting.
7. Emergency – Exception. Pursuant to Sections 20645 and 22050 of the Public Contract Code, the board hereby delegates to the general manager its authority to not comply with the bidding procedures for public works contracts in this section if the general manager determines that an emergency exists, the emergency will not permit a delay resulting from a competitive solicitation for bids, and the action is necessary to respond to the emergency. If the general manager makes such a determination, the district may repair or replace a public facility, take any directly related and immediate action required by the emergency, and procure the necessary equipment, services, and supplies for those purposes, without complying with this section. If the district performs an emergency action under this section, the general manager shall report to the board the rationale for the emergency determination and action at a meeting of the board conducted within seven days after the action, or at the board’s next regularly scheduled meeting if that meeting will occur not later than 14 days after the action. At such meeting, and at every regularly scheduled meeting thereafter until the emergency action is terminated, the board shall determine, by a four-fifths vote, that there is a need to continue the emergency action. The board shall terminate the emergency action at the earliest possible date the conditions warrant so, and the remainder of the action may be completed in compliance with the procedures in this section. (Res. 2460, 2007)
2.05.050 Assistant general manager/chief operations officer.
Whatever authority and powers have been delegated to the general manager by the board of directors, as provided in any ordinance, resolution, or minute order of the board, such authority and power may also be delegated to the assistant general manager/chief operations officer. Such authority and power shall be exercised by the assistant general manager/chief operations officer in the event it is determined by the board or the general manager, as applicable, that the general manager is unable to perform the duties of the office due to the absence or incapacity of the general manager, or due to a vacancy in the position of general manager. For purposes of this resolution, the term “assistant general manager/chief operations officer” also means the “district operations manager,” “deputy general manager,” “manager of engineering and operations,” or “assistant general manager – engineering and operations” wherever such terms are used in the ordinances, resolutions, minute orders, and documents of Western.
The general manager may, in his or her discretion, delegate administrative authorities and other duties to employees and assistants. The general manager shall determine the scope of such delegation including, without limitation: (A) the time period during which the delegation will be in effect; (B) the parameters or extent of such power and authority; and (C) the specific circumstances under which the power and authority may be exercised. (Res. 2421, 2006)
2.05.060 Authority to settle or deny liability claims.
The general manager, or his/her designee, is hereby authorized to settle or deny any liability claim against Western which meets the small claims settlement criteria and is for $10,000 or less; and that any such claim which is for more than $10,000 shall be considered for settlement or denial by the board of directors of Western. (Res. 2502, 2007)