Ord 2025-141 ORDINANCE NO. 141
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT INCREASING THE CONTRACTING AUTHORITY FOR THE
GENERAL MANAGER AND MAKING NUMBERING CHANGES TO THE CODE
WHEREAS, the Board of Directors has adopted purchasing and procurement
provisions as part of its Operations Code;
WHEREAS, the Board has determined to increase the contracting authority of
the General Manager, so that he may contract for up to $25,000 without complying with
any particular bidding or procurement method; and
WHEREAS, the Board has also determined to make other "housekeeping"
corrections to its Operations Code.
NOW, THEREFORE, the Board of Directors does hereby ORDAIN that the
District's Operations Code is amended to read:
Section 1. That Sections 4.04.060-4.04.100 of the District's Operations Code are
amended to read, and Section 4.04.110 is added to the Operations Code to read as
follows:
"Section 4.04.060. Bidding, Purchasing and Contracting.
(a) Less than $25,000:Any purchase less than$25,000 may be awarded by the
Purchasing Officer or persons formally designated by the General
Manager responsible for the project by any bidding procedure or procurement
method, that serves the best interest of the District. A purchase order may be used as
the contract.
(b) $25,000 to less than $60,000: Any purchase for twenty-five thousand
($25,000) to less than sixty thousand dollars ($60,000) may be awarded by the
Purchasing Officer via the direct bidding method, pursuant to Section 4.04.070.
(c) $60,000 to less than $125,000: Any purchase for sixty thousand dollars
($60,000), but less than one hundred twenty-five thousand dollars ($125,000) may be
awarded by the Purchasing Officer. Informal bidding procedures may be used,
pursuant to the bidding procedure set forth in Section 4.04.080.
(d) $125,000 or more: Any purchase of one hundred twenty-five thousand
dollars ($125,000), or more, shall be awarded by the Board of Directors pursuant to the
formal bidding procedure set forth in Section 4.04.090.
(e) Purchasing Officer Approval: The purchasing officer, or other person
designated by the Board of Directors, shall review, and approve, all contracts or
purchases less than $125,000.
(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 limitation shall be the trash and recycling contracts and the
professional services contracts for those persons serving as District Officers including
General Manager, District Counsel, and District Treasurer. Also exempted 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. Nothing herein is meant to prevent new agreements with the same
contracting party after a new competitive bid process is undertaken.
(f) Trash and Recycling Contracts: Agreement shall be ten years with the
option of extending the contract for an additional two (2) five-year options upon mutual
agreement of the parties. (Ord. 135, 2022).
Section 4.04.070. Direct Bidding Procedure.
(a) Direct bidding procedures shall be used for purchases of goods and
equipment between $25,000 and less than $60,000. Professional Services
and other service contracts may be evaluated, selected, and awarded
using the Best Value method.
(b) If practical, at least three (3) vendors or contractors shall be contacted
to provide informal quotes.
(c) Quotes received will be documented on the District "Quote Sheet."
(d) District's Authority:The District may reject any or all bids received and may
waive any minor irregularities in each bid received.
Section 4.04.080 Informal Bidding Procedure.
(a) For purchases of goods, equipment and services that cost $60,000 or more
but less than $125,000, informal bidding may be used. This procedure
requires a document, similar to a bid specification, so that competitive bids
can be received. The bidding documents shall be provided to prospective
bidders, and an outreach process shall be utilized that promotes competitive
bids. Sufficient time, usually 10 days, shall be provided bidders to submit
bids or proposals. At least three bids shall be sought, unless impractical.
(b) Professional and other service contracts may be obtained using the Best
Value method.
(c) Bids or proposals shall be in writing. A record shall be maintained of how
the bidder was chosen.
Section 4.04.090 Formal Bidding. For the purchase of goods, equipment, or services of
$125,00 or more, the formal bidding procedure shall be used. This includes more detailed
bidding specifications, if appropriate, and more extensive outreach. Any method designed
to obtain competitive bids shall be used, and a sealed bid procedure shall be used which
utilizes at least 14 days for bid submittal. Criteria for ranking bidders shall be used and
formalized scoring of the bids shall be required. A record of the bid process shall be
maintained. Professional and other service contracts may be awarded using the Best
Value method.
Section 4.04.100 Exceptions and Alternative Bidding Procedures. In certain
circumstances, the above rules need not be followed:
a) Emergencies. In an emergency, bidding may be dispensed with, and
purchases will be made in the best interest of the district, which shall be
documented.
b) Competitive bidding is already completed. When another government
agency has already engaged in a competitive bid that would make District
bidding unnecessary, the District may rely on the other government
agency's bid process when applicable to the District's needs This includes,
but is not limited to, the U.S or State Government Services Agency.
c) No bids received. The District may contract with a party when no bids are
received by using any process that promotes the best interest of the District.
d) No competitive market. When the general manager determines that a
competitive market does not exist, such as when conventions and hotels
are limited to professional organizations, or make competitive choice
impractical, the District may contract with any party using any process that
promotes the best interest of the District. A record of the process engaged
in shall be kept.
e) Best interests of the District. In any other circumstance in which the best
interest of the District shall be served by not engaging in the bidding
process, a record shall be kept of the reasons, and the Board shall be
advised.
Section 4.04.110. Change Orders. The general manager shall have the authority to
approve change orders up to the cumulative amount of ten percent of the original contract
or fifteen thousand dollars ($15,000), whichever is greater. The Board of Directors shall
have the authority to approve any change order exceeding that amount. (Ord. 92, 2012)"
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.
crunDe
PASSED and ADOPTED this l' day of 025.
Secretary resident
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
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. 141 was duly and regularly passed and adopted by
said Board of Directors at a regular meeting thereof, held on the 15 day of December,
2025 by the following votes:
AYES: Scheafer, Ooten, Perry, Wiltshire, Wright
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa
Mesa Sanitary District, this 15 day of December, 2025.
.713
Clerk of the bosta Mesa unitary District