BILL NUMBER: AB 2184 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 22, 2010
INTRODUCED BY Assembly Member Arambula
FEBRUARY 18, 2010
An act to amend Section 13 of the Fresno Metropolitan Flood
Control Act (Chapter 503 of the Statutes of 1955), relating to the
Fresno Metropolitan Flood Control District.
LEGISLATIVE COUNSEL'S DIGEST
AB 2184, as amended, Arambula. Fresno Metropolitan Flood Control
District contracts.
The Local Agency Public Construction Act (construction act)
generally provides that public projects of $30,000 or less may be
performed by the employees of a public agency by force account, by
negotiated contract, or by purchase order.
The Fresno Metropolitan Flood Control Act (flood control act)
establishes the Fresno Metropolitan Flood Control District (district)
and grants to the district authority relating to flood control. The
act requires that a contract entered into by the district for
materials, supplies, or for the construction or repair of works or
improvements that has a contract price that exceeds $10,000 be let to
the lowest responsible bidder in accordance with specified
public bidding requirements. The act authorizes the
district to enter a contract without public bidding if the contract
price does not exceed $10,000.
This bill would increase the contract price amount
amounts set forth in the flood control act to
the amount authorized in the construction act, as specified,
for purposes of competitive bidding requirements
$30,000 .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13 of the Fresno Metopolitan
Metropolitan Flood Control Act (Chapter 503 of the
Statutes of 1955), as amended by Section 18 of Chapter 142 of the
Statutes of 1998, is amended to read:
SEC. 13. (a) A contract for materials, supplies, or for the
construction or repair of works or improvements that has a contract
price exceeding the amount described in subdivision (a) of
Section 22032 of the Public Contract Code thirty
thousand dollars ($30,000) shall be let to the lowest
responsible bidder after notice inviting bids is published in the
district pursuant to Section 6061 of the Government Code. The
publication shall not be less than 10 days prior to the date set for
the opening of bids.
(b) The contract may be let by the board without public bidding if
one or more of the following applies:
(1) The contract is entered into with any other public agency or
governmental entity.
(2) The contract price does not exceed the amount
described in subdivision (a) of Section 22032 of the Public Contract
Code. thirty thousand dollars ($30,000).
(3) An emergency threatening the public health, safety, and
welfare has been declared by the board.
(c) A contract for the maintenance or operation of district works
or improvements may be negotiated when determined by the board to be
in the public interest.
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