Ord 1999-31ORDINANCE NO. 31
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT INCREASING THE BIDDING LEMT FOR
PUBLIC WORKS PROJECTS AND AMENDING THE OPERATIONS CODE
WHEREAS, the Board of Directors has established an Operations Code that sets forth
the competitive bidding limits for public works projects; and
WHEREAS, said limits have mirrored the statutory authority given to sanitary districts
in the California Public Contract Code; and
WHEREAS, the Operations Code currently provides that public works jobs in excess of
$10,000 shall be competitively bid in accordance with Public Contract Code Section 20800; and
WHEREAS, Chapter 142 of the 1998 Statutes has now amended Section 20803 to raise
the dollar threshold for competitive bids to $15,000; and
WHEREAS, the Board of Directors desires to make conforming amendments in the
Operations Code to make the bidding requirement consistent with state law;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does
hereby ORDAIN as follows:
Section 1. That Section 4.05.010 of the Costa Mesa Sanitary District Operations Code
is hereby amended to read:
"Section 4.05.010. Competitive Bidding - Public Works. (a) For public works
projects in excess of $15,000 in value, the project shall be let to the lowest
responsible bidder in accordance with the procedures set forth in Public Contract
Code Section 20800 et sew.
(b) In an emergency, the procedures of Public Contract Code Section 20806 and
22050, or any successor statute, shall apply. The District Manager /Engineer is
authorized to order emergency work pursuant to Public Contract Code Section
22050 and if such action is ordered, the District Manager /Engineer shall report
to the Board at successive regular meetings stating the justification for continuing
with the emergency work.
(c) If the project is below $15,000 in value, the purchasing procedures set forth
below shall be utilized."
Section 2. That page 10 and page 11 of the Operations Code are therefore amended to
read as attached hereto as Exhibit Al and A2 and the same shall be inserted in the Operations
Code in the place of existing page 10 and page 11.
Section 3. 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 4. 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 and it shall take effect upon the expiration
of one week after publication.
PASSED and ADOPTED this day of 7'Yl 1999.
Secreta §- -
President
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Ordinance No. 31, was duly and regularly
passed and adopted by said Board of Directors at a regular meeting thereof,
held on the 13,t;t day of 7! L64 .19 �.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the Costa Mesa Sanitary District, this/-.- day of
m , 19 --
Clerk of thesia Mesa Saniary District
Title 4
Chapter 4.01 - Financial Provisions
Section 4.01.010. Administration of Funds. Pursuant to the authority of Health
and Safety Code Section 6801, the Board has determined to administer its own funds and
has done so by Resolution 85 -438. The District's treasurer shall administer, pay out, invest
and otherwise be responsible for the handling of District funds. The treasurer shall be
authorized to open and maintain accounts in institutional depositories qualifying pursuant to
Government Code Sections 53530 through 53683 to administer said funds.
Section 4.01.020. Treasurer. The Board shall appoint a treasurer who shall post a
fidelity bond in an amount as determined by the Board. The clerk shall ensure that said
bond remains on file and is in effect at all times. Said bond may be a master bond.
Section 4.01.030. Warrants. In accordance with Health and Safety Code 6794, all
warrants shall be approved by a resolution which sets forth the name of the payee, the fund
from which paid, and the general purpose of the payment.
Section 4.01.040. Signatures. The signature of the Treasurer and President shall
both be required on any instrument withdrawing funds from District accounts. A facsimile
signature may be used for such purpose.
Section 4.01.050. Assessment Changes. The District Manager or the Assistant
District Manager shall be the District's designees and each shall have the authority to make
changes, corrections and cancellations on the tax roll with respect to special assessments.
Chapter 4.03 - District Investments
Section 4.03.010. District Investment Policy. Pursuant to the provisions of
Government Code Section 53630 et sec.. the Board shall adopt an Investment Policy
Statement that shall be consistent with State law and the Board's wishes. Said investment
policy shall be reviewed annually and approved at an annual meeting. The Board and an
oversight committee shall further review the District's investments on at least a quarterly
basis.
Chapter 4.05 - Competitive Bidding and Purchasing
Section 4.05.010. Competitive Bidding- Public Works. (a) For public works
projects in excess of $15,000 in value, the project shall be let to the lowest responsive
bidder in accordance with the procedures set forth in Public Contract Code Section 20800
et seg.
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(b) In an emergency, the procedures of Public Contract Code Section 20806 and
22050, or any successor statute, shall apply. The District Manager /Engineer is authorized
to order emergency work pursuant to Public Contract Code Section 22050 and if such
action is ordered, the District Manager /Engineer shall report to the Board at successive
regular meetings stating the justification for continuing with the emergency work.
(c) If the project is below $15,000 in value, the purchasing procedures set forth
below shall be utilized.
Section 4.05.020. Purchasing and Non Public Works Contracts. The
procedures to be followed in purchasing property or for having work performed that is not
required to be bid in accordance with the Public Contract Code, shall correspond to the
following dollar amounts:
(a) Under $2,500 - The Manager shall attempt to obtain the best price for the
District but will not be required to competitively bid the contract or purchase.
(b) $2,500 to $5,000 - The Manager and Finance Director shall jointly approve the
purchase or contract and will together attempt to obtain the best price for the District but will
not have to formally bid the job.
(c) Over $5,000 - The job shall be competitively bid in a manner that ensures
competitive bidding by qualified bidders and the Board shall make the award.
Section 4.05.030. Exceptions. When allowed by state law, exceptions from the
competitive bidding regulations shall include sole source procurement, the services of
engineers, attorneys and other professionals, and whenever the public's interest may
otherwise be served by dispensing with the bidding procedure, provided that the Board
shall disclose on the record and in the minutes of the meeting how the public interest was
served by foregoing the bidding process.
Section 4.05.040. Signatures. In accordance with the Health and Safety Code
Section 6487 all contracts must generally be signed by the President and countersigned by
the Secretary. Purchase orders and contracts for purchases and work below $5,000 may
be signed by the manager on behalf of the District. Public works contracts below the sum
of $10,000 may also be signed by the Manager.
Section 4.05.045. Change Orders. The District Manager shall have the authority
to approve of a change order to a contract provided that the change order does not exceed
the greater of two percent of the total contract sum or ten thousand dollars. All change
orders in excess of said limits shall only be approved by the Board of Directors.
Section 4.05.050. Ratification. All contracts and purchase orders implemented by
the Manager under the authority granted under this Ordinance shall be ratified by the Board
on the warrant register and with such documentation or explanation as may be appropriate.
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