Ord 2015-111 ORDINANCE NO. 111
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT CREATING
AND CLARIFYING EXEMPTIONS FROM ITS BIDDING
REQUIREMENTS
WHEREAS, the District Operations Code generally provides that contracts are to
be bid out after five years; and
WHEREAS, the Board has exempted those appointed professionals who are
independent contractors providing services as District engineer, District counsel or
District treasurer from the requirement of mandatory bidding every five years; and
WHEREAS, the Board wants to make it clear that firms provide those services as
independent contractors and that no person performing those services is an employee
of the District; and
WHEREAS, the Board further desires to exempt from the requirement for bidding
every five years various specialized technical services;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 4.04.070 of the District Operations Code is hereby
amended to read:
"Section 4.04.070. Bidding. Purchasing and Contracting.
(a). $5,000 or less: Any purchase of $5,000 or less may be awarded by
the general manager or his or her designee(s) responsible for the project by any
direct bidding procedure as defined herein.
(b). $5,000.01 - $125,000: Any purchase of more than five thousand dollars
($5,000), but less than or equal to one hundred twenty-five thousand dollars
($125,000) may be awarded by the general manager pursuant to the informal
bidding procedure set forth in Section 4.04.100.
(c). $125,000.01 or more: Any purchase of more than one hundred
twenty-five thousand dollars ($125,000) shall be awarded by the Board of Directors
pursuant to the formal bidding procedure set forth in Section 4.04.110.
Ordinance No. 111
(d). District Engineer Approval: The district engineer shall review and
approve the working details, drawings, plans, and specifications prepared for public
works construction projects.
(e). Purchasing Officer Approval: The purchasing officer, or his or her
designee, shall review and approve all contracts of five thousand dollars ($5,000) or
more.
(f). Five-Year Term Limitation: No agreement or contract shall extend for a
period of more than five (5) years, including any authorized extensions. Exempted
from the foregoing limitations shall be the appointed independent contractors
serving as District engineer, District counsel, and District treasurer. It is recognized that
firms may provide these services. Also excepted from the bidding limitations shall be
firms providing highly specialized or technical services that the Board or General
Manager have determined require familiarity and/or continuity due to specialized
knowledge of the system, specialized expertise not obtainable by utilizing the bidding
process, or other unique factors that would make bidding meaningless.
(g). Ten-Year Term Limitation for Trash and Recycling Contracts: No
agreement or contract for trash and recycling services shall extend for a period of more
than ten (10) years, including any authorized extensions."
Section 2. Should any part, clause or section of this Ordinance be declared by
any Court of competent jurisdiction to be invalid, the remaining provisions of this
Ordinance shall nevertheless be and remain in full force and effect and the Board of
Directors of the Costa Mesa Sanitary District of Orange County, California, hereby
declares that each and every section, clause, provision or part of this Ordinance would
have been adopted and made a part of this Ordinance without the adoption of any
portion thereof and that the invalidity of any part or provision hereof shall not in any way
affect the validity or enforcement of the remaining provisions of this Ordinance that may
stand on their own.
Section 3. Pursuant to Health and Safety Code sections 6490 and 6491.3, the
Clerk shall cause this ordinance or a summary thereof to be published in a newspaper
of general circulation printed and published in the District according to law.
Ordinance No. 111
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Ordinance No. 111 was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof, held on the 17th
day of December, 2015 by the following votes:
AYES: Scheafer, Perry, Ooten, Schafer
NOES: None
ABSENT: Ferryman
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 17`" day of December, 2015.
Tlerk of the Cdsta Me la San. ary District