BILL NUMBER: AB 350	CHAPTERED  09/14/06

	CHAPTER  261
	FILED WITH SECRETARY OF STATE  SEPTEMBER 14, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 14, 2006
	PASSED THE ASSEMBLY  AUGUST 24, 2006
	PASSED THE SENATE  AUGUST 10, 2006
	AMENDED IN SENATE  AUGUST 8, 2006
	AMENDED IN SENATE  JUNE 15, 2006
	AMENDED IN SENATE  JULY 7, 2005
	AMENDED IN ASSEMBLY  MAY 26, 2005

INTRODUCED BY   Assembly Member Houston
   (Coauthor: Senator Torlakson)

                        FEBRUARY 10, 2005

   An act to amend Section 20812 of the Public Contract Code,
relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 350, Houston  Fire protection district boards: contract bidding
procedures.
   Existing law permits a fire protection district board to contract
for special services in specified fields and other services
incidental to the district's operation. Existing law requires fire
protection districts with a final budget less than $1,000,000 to
award contracts for special services exceeding $10,000 to the lowest
responsible bidder after notice. Existing law allows fire protection
districts the option to award special services contracts pursuant to
the contracting and purchasing procedures that apply to their
principal county's government.
   This bill would increase the threshold amount for special services
contracts from $10,000 to $25,000.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 20812 of the Public Contract Code is amended to
read:
   20812.  (a) A district board may contract for special services.
These contracts shall be with persons specially trained, experienced,
expert, and competent to perform the special services. The special
services shall be limited to the fields of accounting,
administration, ambulance, architecture, custodial, economics,
engineering, finance, insurance, labor relations, law, maintenance,
mechanics, medicine, planning, science, technology, and other
services which are incidental to the operation of the district.
   (b) In the case of a district which has a final budget in excess
of one million dollars ($1,000,000), the district shall follow the
contracting and purchasing procedures which apply to the county
government of its principal county or the procedures in subdivision
(c).
   (c) In the case of a district which has a final budget less than
one million dollars ($1,000,000), the district shall follow the
procedures of this subdivision.
   (1) When the expenditure required for the service contract exceeds
twenty-five thousand dollars ($25,000), it shall be contracted for
and let to the lowest responsible bidder. If two or more bids are the
same and the lowest, the district board may accept the one it
chooses.
   (2) The notice inviting bids shall set a date for the opening of
bids. The first publication or posting of the notice shall be at
least 10 days before the date of opening the bids. Notice shall be
published at least twice, at least five days apart, in a newspaper of
general circulation in the district, or if there is none, it shall
be posted in at least three public places in the district. The notice
shall distinctly state the service to be performed.
   (3) The district board may reject any bids. If the district board
rejects all bids, it may either readvertise or adopt a resolution, by
two-thirds vote, declaring that the service can be performed more
economically by the district's employees or obtained at a lower price
in the open market. Upon adoption of the resolution, the district
board may undertake the service contract without further complying
with this section.
   (4) If no bids are received, the district board may undertake the
service contract without further complying with this section.
   (5) In the case of an emergency, the district board shall respond
to the emergency pursuant to Chapter 2.5 (commencing with Section
22050) if notice for bids to let contracts will not be given.