North County Transit District: flexible procurement process.

Existing law provides for creation of the North County Transit District, with various powers and duties relative to the planning and operation of a transit system in north San Diego County. Existing law provides for the district to be governed by a board of directors, and requires compensation in the amount of $75 per day, not to exceed $300 per month, be paid to each board member or alternate for attending board meetings and for other related activities. Existing law authorizes the district to make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, but not limited to, contracts and stipulations to indemnify and save harmless, to employ labor, to contract with a private patrol operator, the county sheriff and municipal police departments within described areas, and other transit development boards for security, police, and related services, and to do all acts necessary and convenient for the full exercise of the district's powers granted pursuant to these provisions. This bill would increase that compensation for board members to $150 per day not to exceed $600 in any month, and would correct an erroneous cross-reference in these provisions. The bill would revise and recast the district's authority to enter into contracts that the district determines are in its best interest by requiring the board of directors of the district to establish and use a specified flexible procurement process to maximize the efficient use of public funds. The bill would, among other things, generally require contracts for the acquisition or lease of materials, supplies, or equipment in an amount of $100,000, or in excess of that amount as authorized by the board, be made or entered into with the lowest responsible bidder that meets the specifications. The bill would authorize the board to use any procurement method authorized for state or local agencies under state or federal law, including, but not limited to, a competitive negotiation process, and would require the board to maintain acquisition and contracting guidelines and comply with those guidelines in the procurement of all goods and services. The bill would authorize the board to purchase supplies, equipment, or materials in the open market, in certain circumstances, and would also authorize the executive director of the board to make expenditures and take immediate remedial measures to avert or alleviate damage to, or to repair or restore damaged or destroyed property of, the district that are necessary to ensure that the district's facilities 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. The bill would also specify procedures for single source procurement and for a person to submit a protest to a procurement solicitation or a notice of intent to award. Because this bill would impose new duties on local public officials, the bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.