Powers and FunctionsContracts
Section § 120220
This section allows the board to make any type of contracts or stipulations they need to support their activities, whether it's related to eminent domain (taking private property for public use) or something else. They can hire workers and take necessary actions to fully use their given powers.
Section § 120220.5
This law allows the board overseeing a public transit system to create or hire a security force to enforce rules and maintain safety. They can do this by contracting with a public agency, hiring private security, or working with local police departments. The goal is to protect the transit system and ensure public peace and safety.
Section § 120221
Section § 120221.5
If a board wants to enter into a construction contract worth over $1 million, the company they hire must commit to using a skilled and trained workforce, unless one of three conditions is met. These exceptions are: 1) the board already has a project labor agreement in place covering all work; 2) the project is covered under an extended or renewed labor agreement from before 2017; or 3) the company has its own project labor agreement covering all subcontractors. 'Project labor agreement' is defined by another section of the law.
Section § 120222
This law focuses on how a board should handle contracts to make sure they use available funds wisely. It allows flexible contracting to efficiently use public money, especially to attract more federal money.
The board must choose the lowest bidder for materials and equipment purchases above $150,000, with sales tax excluded from bid calculations, unless it needs a specific brand or in emergencies. For purchases and services between $5,000 and $150,000, at least three price quotes are required to ensure fair pricing. For service contracts over $150,000, bids must be competitive and written, unless there’s an emergency or they fall under a specific exemption.
Special rules apply for certain professional services like engineering or architectural work, which follow government code regulations. The board can adopt state or local procurement methods, and must follow guidelines for all purchases.
For federally funded contracts, there’s no negotiation on terms assisting disadvantaged business enterprises.
Section § 120223
This section explains how a board can buy supplies, equipment, or materials from the open market instead of following usual bidding procedures. If the board thinks it can get a better price outside a formal bid process, it can choose to do so with a two-thirds vote. Additionally, if no acceptable bids are received after a formal solicitation, the board can vote by the majority to purchase in the open market without following standard contract rules.
Section § 120224.1
This law section allows the general manager or CEO to spend money without following normal purchasing rules when urgent repairs or actions are needed to protect transportation services or comply with regulations. This is only permitted if current options aren't enough. After spending, the manager or CEO must report back to the board, explaining why the emergency measures were necessary.
Section § 120224.2
This statute allows the board, with a two-thirds vote from its members, to buy prototype equipment or make modifications for testing without following the usual processes of getting contracts, bids, or advertising if those methods aren't suitable for their needs.
Section § 120224.3
This law allows the board to buy supplies, equipment, or materials without following the usual rules for contracts and bids. However, this is only allowed if two-thirds of the board members agree there is only one source to get what they need. It applies when the purchase is specifically for duplicating, fixing, or replacing items, including upgrading or updating proprietary technology.
Section § 120224.4
If you're submitting a proposal for a procurement by a public utility, you can formally protest the process. To challenge the details of the procurement ad, file your complaint within 10 days of its posting, and a decision will be made before bids are opened. You may renew this protest within 15 days after the intent to award is announced. If your protest is about something other than the procurement details, file it within 15 days after the notice of intent to award. Your protest should clearly state your reasons and supporting facts, and you'll have a chance to present your case in person.
The board's written decision on your protest is the final administrative ruling, which you can appeal to court if needed.
Section § 120225
This section allows the board responsible for a system—likely a public utility system—to buy insurance that covers accidents or damage to any part of that system. Additionally, the board can offer insurance as outlined in Part 6 of the Government Code, which provides more detailed insurance provisions.
Section § 120226
This law allows the board to hire independent contractors for their services.
Section § 120227
This law requires the board of a transit district to make a contract with the Public Employees’ Retirement System to include all its officers and employees as members. However, board members themselves and certain officers and employees excluded under another law are exceptions.
Section § 120228
This law allows the board to partner with other entities to run special public mass transit systems, as long as they follow certain conditions outlined in another section.