NORTH COUNTY TRANSIT DISTRICT . Policy No. 19 Delegation of Authority to the Executive Director Summary This policy establishes delegation of authority from the Board to the Executive Director. Policy As a recipient of public funds, NCTD is responsible for ensuring proper expenditure of funds for public purposes for which they are intended, adherence to all applicable standards as established by federal and state law, regulations issued by the Federal Transit Administration (FTA), and full and open competition and equitable treatment of all potential sources in the procurement process. NCTD establishes the following delegation of authority to the Executive Director: General Responsibilities The Executive Director may: 1 . 2. Delegate functions delegated by the Board, to NCTD staff when necessary. Execute a contract or contact change order within the parameters of the law and Board direction. Ensure that written contracts and procurement procedures are developed in accordance with FTA requirements delineated in the most current version of FTA Circular 4220, the FTA Best Practices Manual, California Public Utilities Code Sections 125222, 125223, and 125224, and the California Public Contract Code Sections 20350 et seq. Approve revisions to contracts and procurement policies and procedures with the exception of procurement polices established in this resolution. In the event of emergency or an exigent circumstance, take all necessary actions to prevent significant unnecessary loss to NCTD or a shut-down of public services, or to address a situation threatening the health or safety of persons or property, including, but not limited to, authorization to contract with a contractor or consultant on a sole source basis, consistent with applicable state or federal law without prior approval from the Board. in the event such an emergency or urgent need occurs, the Executive Director will consult with the Chair of the Board, communicate all actions taken to the Board members, and submit a report to the Board at its next regular meeting in order to obtain ratification for those actions, in accordance with all applicable provisions of law, including but not limited to the requirements of California Public Contract Code Section 22050. Approve all design plans, specifications, and estimates for authorized capital improvement projects. Policy No. 19 -- Delegation of Authority to the Executive Director (continued) 7. Execute all right--of-way property transfer documents, including, but not limited to, rights of entry, licenses, leases, deeds, easements, escrow instructions, and certificates of acceptance. 8. Reject all bids or proposals and suspend the competitive procurement process. 9. Provide the final determination to persons or firms filing a protest regarding NCTD's procurement or contracting process or procedures. 10. Accept reimbursement from any entity for services performed by District personnel or from other public agencies granted the use of District on--ca|l contracts. 11. Award a contract if the initial contract value does not exceed $100,000 and is consistent with the Board-adopted budget. 12. Amend a contract of any value consistent with the Board adopted budget if the amendment does not exceed $50,000, singular or cumulative value, and if the amendment does not involve a major change in scope unless the amendment costs are reimbursable by a third party and an agreement for reimbursement is in place, in which event, the amendment may be of any value. 13. Not amend a contract which was originally awarded at a value of $100,000 or less if the amendment increases the contract value over $100,000 in value or authorize the award of a task order under an on--call contract if the value of the task order exceeds $100,000. 14. Report contract amendments made in accordance with item 12 to the Board of Directors on a quarterly basis. 15. Award extra task purchase orders to any purchased transportation contractor for work which was not covered under the basic scope of the contract, valued at not more than $50,000 and with an annual aggregate total not to exceed $200,000. 16. Award contracts or purchase orders of any value when District funds are reimbursed by a third party, the procurement was conducted in accordance with approved procedures, and an agreement for District reimbursement is in place. 17. Sign a memorandum of understand, memorandum of agreement, or interagency agreement along with general counsel and the respective Division Chief if the document involves ministerial business transactions and if the annual committed value does not exceed $100,000 or, regardless of the value, if the expenditure of District funds is reimbursable. Accept a contract for services of District staff of any value if the services are reimbursable. 18. In accordance with Section 935.4 of the California Government Code, approve settlements for liability and workers compensation claims that do not exceed $50,000 and forward a claim of any amount to the Board of Directors for consideration and action as may be appropriate. Date adopted: October 18, 2012 Last revised: NKA Policy No. 19 -- Delegation of Authority to the Executive Director (continued) 19. Execute all documents required by any local, state, or federal agency that provide operating or capital funds for District use, including, but not limited to, TDA claims, STA claims, RTIP submittals, and FTA grant applications. Other Duties and Responsibilities The Executive Director shall be responsible for management of all aspects of NCTD operations on a day to day basis, subject only to the policy direction of the Board. The Executive Director's duties and responsibilities shall include: 1. Supervision of all department heads, departments, and employees (except for general counsel who reports directly to the Board) including sole authority, except as the Executive Director may delegate to staff, to hire and terminate NCTD employees in accordance with applicable law and NCTD policies, rules, and regulations; 2. Responsibility for overall management of employee relations matters; 3. Establishment of a proposed set of short-range goals and a proposed action plan for developing and implementing medium-- and longer--term goals for the organization, to be presented to the Board for review and consideration annually. 4. Assisting the Board in community and public relations matters; 5. Monitoring, managing, and overseeing the District budget and the District's revenues and expenses; 6. Overseeing timely development and presentation to the Board of annual proposed budgets; 7. Assuming overall responsibility for management of staff and in guiding NCTD towards its Board-approved goals; 8. Assuring that NCTD's financial affairs are properly managed, accounted for, and audited, and that appropriate reports thereon are made to the Board and to others as required by law; 9. Conferring with legislative liaisons regarding legislative matters; monitoring, reporting on, and making recommendations on legislative activities; 'l0. Attending all regular and special meetings of the Board and of Board committees and subcommittees as requested, assuming overall responsibility for preparation and presentation of all agendas and staff reports; 'l1. Meeting with the city councils and managers of each of the member agencies of NCTD, and with the County Board of Supervisors and its Chief Administrative Officer; 12. Representing the Board and staff in contacts and communications with the public, member agencies, and other outside agencies and organizations with respect to transit matters and NCTD issues, within the scope of Board policies and programs; Date adopted: October '18, 2012 Last revised: Policy No. 19 -- Delegation of Authority to the Executive Director (continued) 13. Such other and further activities as the Board may from time to time direct; 14. Such other and further activities as the Executive Director determines necessary to competently and professionally carry out his job. For additional information on the Executive Director's responsibilities, please refer to NCTD's Ordinance Number 4. Approvals /Da? Boarfifihair 0 2/ /o/Egg/2.6 Executive Director' endral Counsel Date Date adopted: October 18. 2012 Last revised: NIA