SECTIONS 120220-120228 - California Statutes

PUBLIC UTILITIES CODE

SECTION 120220-120228

120220. The board may make contracts and enter into stipulations of
any nature whatsoever, either in connection with eminent domain
proceedings or otherwise, including, without limiting the generality
of the foregoing, contracts and stipulations to indemnify and save
harmless, to employ labor, and to do all acts necessary and
convenient for the full exercise of the powers granted in this
division.

120220.5. The board may provide and maintain by contract with a
public agency or by other means, a security force to enforce its
regulations, to preserve and protect any public transit system or
project financed pursuant to this division, and to preserve and
protect the public peace, health, and safety with respect to its
system or projects. Alternatively, the board may contract with a
private patrol operator licensed pursuant to Chapter 11.5 (commencing
with Section 7580) of Division 3 of the Business and Professions
Code, with the county sheriff and municipal police departments within
the areas described in Section 120054, and with other transit
development boards for security, police, and related services.

120221. The board may contract with any department or agency of the
United States of America, with any public agency, or with any person
upon such terms and conditions as the board finds is in its best
interest.

120222. (a) The Legislature finds and declares that a compelling
interest exists in ensuring that all federal, state, local, and
private funds available to the board are captured and used in a
timely manner. In order to maximize the use of federal, state, local,
and private funds and to maintain a competitive posture in seeking
supplemental federal funds, the board shall have the authority to
establish and use a flexible contracting process to maximize its
efficient use of public funds.
(b) Except in cases when an article of a specified brand or trade
name is the only article that will properly meet the needs of the
board or in an emergency declared by the vote of two-thirds of the
membership of the board, all contracts for the acquisition or lease
of materials, supplies, or equipment in an amount of one hundred
thousand dollars ($100,000), or in excess of that amount as
authorized by the board, shall be made or entered into with the
lowest responsible bidder meeting specifications. For purposes of
determining the lowest bid, the amount of sales tax shall be excluded
from the total amount of the bid. When the expected purchase amount
of the contract exceeds five thousand dollars ($5,000) and does not
exceed one hundred thousand dollars ($100,000), the board shall seek
a minimum of three quotations, either written or oral, to permit
comparison of prices and other terms.
(c) Except in cases of an emergency declared by the vote of
two-thirds of the membership of the board, the board shall for all
contracts for the acquisition of services that exceed one hundred
thousand dollars ($100,000), that will not be performed by an entity
described in Section 120221.5, and that are not within the category
of services defined in Section 4525 of the Government Code, solicit
bids in writing and award the contract in a competitive procurement
process that is in the best interest of the board, including, but not
limited to, a negotiated procurement that may or may not evaluate
price as a consideration. When the expected amount of the service
contract exceeds five thousand dollars ($5,000) and does not exceed
one hundred thousand dollars (100,000), the board shall seek a
minimum of three quotations, either written or oral, to permit
comparison of prices and other terms.
(d) The board shall award contracts for architectural, landscape
architectural, engineering, environmental, land surveying services,
and construction project management services that are in excess of
one hundred thousand dollars ($100,000) in accordance with the
provisions of Chapter 10 (commencing with Section 4525) of Division 5
of Title 1 of the Government Code.
(e) Notwithstanding any other provisions of this chapter, the
board may use any procurement method authorized for state or local
agencies under state or federal law, including, but not limited to, a
competitive negotiation process in accordance with the provisions of
Article 7.5 (commencing with Section 20216) of Chapter 1 of Part 3
of Division 2 of the Public Contract Code. The board shall maintain
acquisition and contracting guidelines and comply with those
guidelines in the procurement of all goods and services.
(f) Provisions in any federally funded contract concerning
disadvantaged business enterprises that are in accordance with the
request for proposals shall not be subject to negotiation with the
successful bidder.

120223. (a) If, after rejecting bids received under Section 120222,
the board determines and declares by a two-thirds vote of all of its
members that, in its opinion, the supplies, equipment, or materials
may be purchased at a lower price in the open market, the board may
proceed to purchase these supplies, equipment, or materials in the
open market without further observance of the provisions regarding
contracts, bids, or advertisements.
(b) If, after solicitation of bids under Section 120222, the board
determines and declares by a majority vote that it has not received
a responsive bid, the board may proceed to purchase the supplies,
equipment, or materials in the open market without further observance
of the provisions regarding contracts, bids, or advertisements.

120224.1. (a) Upon determining that immediate remedial measures to
avert or alleviate damage to, or to repair or restore damaged or
destroyed property of, the board are necessary in order to insure
that the facilities of the board are available to serve the
transportation needs of the general public or to comply with any
state or federal regulation with respect to the operation of public
transportation services, and upon determining that available remedial
measures, including procurement in compliance with Sections 120222,
and 120223, are inadequate, the general manager or chief executive
officer may authorize the expenditure of money previously
appropriated by the board specifically for the direct purchases of
goods and services, without observance of the provisions of those
sections.
(b) The general manager or chief executive officer, after the
expenditure authorized under subdivision (a) has been made, shall
submit to the board a full report explaining the necessity for that
action.

120224.2. Notwithstanding Section 120222 and upon a finding by
two-thirds of all members of the board that a purchase in compliance
with Sections 120222 and 120223 does not constitute a method of
procurement adequate for the operation of board facilities or
equipment, the board may direct the procurement of prototype
equipment or modifications in an amount sufficient to conduct and
evaluate operational testing without further observance of any
provisions requiring contracts, bids, or advertisements.

120224.3. Notwithstanding Section 120222, the board may direct the
purchase of any supply, equipment, or materials without observance of
any provision requiring contracts, bids, or advertisements upon a
finding by two-thirds of all members of the board that there is only
a single source of procurement therefor and that the purchase is for
the sole purpose of duplicating, repairing, or replacing supply,
equipment, or materials that are in use, including upgrades or
migrations of proprietary intellectual property.

120224.4. (a) A person who submits, or who plans to submit, a
proposal in response to a procurement solicitation may protest any
acquisition conducted in accordance with Sections 120222 and 120223
as follows:
(1) Protests based on the content of the procurement solicitation
shall be filed with the board within 10 calendar days after the
procurement solicitation is first advertised. The general manager or
the chief executive officer, or the designee of the general manager
or chief executive officer, shall issue a written decision on the
protest prior to opening of the procurement solicitation. A protest
may be renewed by refiling the protest with the board within 15
calendar days after the mailing of the notice of the intent to award.
(2) Any bidder may protest the intent to award on any ground not
based upon the content of the procurement solicitation by filing a
protest with the board within 15 calendar days after the mailing of
the notice of the intent to award.
(3) Any protest shall contain a full and complete written
statement specifying in detail the grounds of the protest and the
facts supporting the protest. Protestors shall have an opportunity to
appear and be heard before the board prior to the opening of the
procurement solicitation in the case of protests based on the content
of the procurement solicitation, or prior to final award in the case
of protests based on other grounds or the renewal of protests based
on the content of the procurement solicitation.
(b) The decision of the protest by the board shall be in writing
and constitutes a final administrative decision for purposes of
judicial review pursuant to Section 1094.6 of the Code of Civil
Procedure.

120225. The board may insure against any accident or destruction of
the system or any part thereof. The board may also provide insurance
as provided in Part 6 (commencing with Section 989), Division 3.6,
Title 1 of the Government Code.

120226. The board may contract for the services of independent
contractors.

120227. The board and the Board of Administration of the Public
Employees' Retirement System shall enter into a contract, and the
board shall make all of its officers and employees members of the
system, except as follows:
(a) Members of the board.
(b) Officers and employees excluded pursuant to Section 20492 of
the Government Code.

120228. Subject to Section 120260, the board may enter into joint
powers agreements to operate exclusive public mass transit guideways.