Ord 2000-33ORDINANCE NO. 33
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA
MESA SANITARY DISTRICT AMENDING THE DISTRICT BIDDING,
PURCHASING AND CONTRACT APPROVAL PROVISIONS
WHEREAS, the Board of Directors has previously adopted Chapter 4.05 of
the Operations Code to set forth comprehensive competitive bidding regulations for
public works jobs, and for purchases of supplies and services; and
WHEREAS, the current procedure has recently proved cumbersome when
there is a need to have public works tasks performed on an expedited basis or services
related to such tasks; and
WHEREAS, the proposed revision to the District's Operations Code would
provide increased authority for approval of jobs by staff related to public works
construction or related services up to the amount of Fifteen Thousand Dollars
($15,000) provided appropriate reporting is made to the Board at the next Board
meeting of the expenditures;
NOW, THEREFORE, the Board of Directors does hereby ORDAIN as
follows:
Section 1. Section 4.05.020 of the District's Operations Code is hereby
amended to read as follows:
"Section 4.05.020. Purchasing and 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 be as
follows:
(a) Purchasing. For non - public works contracts the following
procedures shall be utilized to purchase supplies, services or other items not
covered under subsection (b), below:
(i) 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.
(ii) $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.
(iii) 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.
(b) Public Works Contracts Under $15,000 and Related Services. For
public works contracts that have a dollar amount below Fifteen Thousand
Dollars ($15,000) and for services related thereto, the following procedures
shall be utilized:
(i) The Manager shall use his best efforts to have the work done in the
best interests of the District.
(ii) The Manager shall report at the next regular Board meeting, or as
soon thereafter as practical, the fact that the work had been authorized
and shall report on the general nature of the work performed, which
firm or person was awarded the work, and regarding his efforts to secure
a favorable price for the District.
(iii) "Related services" shall include, but not be limited to, televising of
sewer conditions, engineering services to outside companies, and other
services directly related to the sewer system and its appurtenances."
Section 2. Section 4.05.040 of the District's Operations Code is amended to
read as follows:
"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 Five Thousand Dollars ($5,000) may be signed by the Manager
on behalf of the District. Public works and related service contracts below the
sum of Fifteen Thousand Dollars ($15,000) may also be signed by the
Manager."
Section 3. Section 4.05.045 of the District's Operations Code is amended to
read as follows:
"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
Fifteen Thousand Dollars ($15,000). All change orders in excess of said limits
shall only be approved by the Board of Directors."
Section 4. 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 5. 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 2000.
/:Y--ecretary
azm,k"
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. 33, was duly and regularly passed and
adopted by said Board of Directors at a regular meeting thereof, held on the 13th day
of April 2000 by the following vote:
AYES: Art Perry, Arlene Schafer, Greg Woodside,
Jim Ferryman, Dan Worthington
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 1 -0 day of 2000.
Clerk of e Costa Mesa Sanitary District