Ord 2004-45w
ORDINANCE NO. 45
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT PROVIDING PURCHASING
AUTHORITY FOR AN INDEPENDENT PURCHASING SYSTEM
WHEREAS, the Board of Directors has delegated purchasing authority to the
District Manager and Finance Director pursuant to District Operations Code Section
4.05.020; and
WHEREAS, the District has previously shared purchasing staff with the City of
Costa Mesa through the existing City / District agreement; and
WHEREAS, the Board of Directors has indicated it will separate from the City and
does now desire to provide new purchasing authority for an independent purchasing
system;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 4.05.020 of the Costa Mesa Sanitary District Operations
Code is amended to read:
"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 $5,000 - The Manager, Assistant Manager or person formally
authorized by the Board by resolution, shall attempt to obtain the best
price for the District but will not be required to competitively bid the
contract or purchase.
(ii) $5,000 to $15,000 - The Manager and Assistant Manager 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 $15,000 - The job shall be competitively bid in a manner that
ensures competitive bidding by qualified bidders and the Board shall
make the award.
1V
(b) Public Works Contracts Under $15,000 and Related rvi ..s. 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 / District Engineer shall use his best efforts to have the
work done in the best interests of the District.
(ii) The Manager / District Engineer 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. That Section 4.05.040 of the Costa Mesa Sanitary District Operations
Code is amended to read:
"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 not related to public works below Five Thousand Dollars ($5,000) may
be signed by the Manager, Assistant Manager or person formally authorized by
the Board by resolution on behalf of the District. Purchase orders and contracts
over $5,000 but less than $15,000 not related to public works may be signed by
the Manager or Assistant Manager. Public works and related service contracts
under the sum of Fifteen Thousand Dollars ($15,000) may be signed by the
Manager / District Engineer."
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 lz , 2004.
A
., Secretary ,
s
(1, L, "i� , -, -
President
(1, L, "i� , -, -
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. 45, was duly and regularly passed and adopted
by said Board of Directors at a regular meeting thereof, held on the 10th day of
May 2004, by the following vote:
AYES: Arlene Schafer, Greg Woodside, James Ferryman, Art Perry,
Dan Worthington
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District, this day ot__.- 2004.
.r
7 J
Clerk 46 Cos ta Mesa Sanitary District