BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 482|
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CONSENT
Bill No: AB 482
Author: Williams (D)
Amended: 6/14/12 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 9-0, 6/12/12
AYES: DeSaulnier, Gaines, Harman, Kehoe, Lowenthal,
Pavley, Rubio, Simitian, Wyland
ASSEMBLY FLOOR : 74-0, 1/23/12 - See last page for vote
SUBJECT : Ventura Port District: dredging contracts
SOURCE : Ventura Port District
DIGEST : This bill authorizes the Ventura Port District
(District) to award a dredging contract for maintaining the
interior of Ventura Harbor without a competitive bid.
ANALYSIS :
Existing law :
1. Authorizes port districts to engage in a variety of
activities, including acquiring and owning property,
constructing, operating, developing, regulating land and
facilities, and dredging channels and slips for boats.
2. Requires that ports award contracts for projects
costing more than $10,000 through competitive bidding to
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the lowest responsible bidder.
3. Allows a port district governing board to waive the
competitive bidding requirement in the case of
emergencies by a 4/5 vote.
This bill authorizes the District to award a contract for
dredging without competitive bidding, provided that both of
the following apply:
1.The Army Corps of Engineers, through a competitive
bidding process, selected the contractor for a federal
dredging project presently underway in the County of
Ventura.
2.The District's board makes written findings, based on
substantial evidence in the record, that the contract to
be awarded without competitive bidding is likely to cost
less than a contract awarded through competitive bidding.
Background
The District was formed in 1952 as an independent special
district with nearly similar boundaries to the City of
Ventura. Ventura Harbor is currently used for multiple
recreational activities including a small craft harbor. A
five-member Board of Port Commissioners governs the
District. The commissioners are appointed to fixed
four-year terms by the Mayor of the City of San
Buenaventura with the approval of the City Council.
The District is self-supported through fees in addition to
receiving a pro-rata share of property taxes levied within
the District's boundaries, and it functions as an
enterprise district that manages and maintains Ventura
Harbor and related facilities.
The Army Corps of Engineers regularly awards a three-year
contract to a firm to conduct annual maintenance dredging
of the Ventura Harbor entrance. This operation involves
large-scale, high capacity dredging equipment. Because of
Ventura's location, the cost of setting up a dredging
operation is expensive for a firm from outside the area.
The District believes that awarding a sole source contract
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to a dredging firm previously selected by the Army Corps of
Engineers provides the best value.
The District does not want to jointly procure the dredging
firm because the Corps would require the District to share
in the set-up cost. Should the District award a contract
after the Corps' procurement, the firm will not charge a
set-up cost to the District.
Comments
The purpose of this bill is to enable the District to award
a contract to dredge the inner portions of Ventura Harbor
to a firm previously selected, through a competitive
procurement, by the Army Corps of Engineers (Corps) to
dredge the mouth of the harbor beyond the breakwater. The
District is a small enterprise and argues that competitive
procurement is expensive because there are no nearby
dredging firms. The lack of proximity to qualified firms
results in high cost because firms must bring in equipment
from outside of the area. Utilizing a contractor
previously retained through a competitive procurement by
the Corps and already on site would create a savings to the
District.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/14/12)
Ventura Port District (source)
California Marine Affairs and Navigation Conference
California Special District Association
California-Nevada Conference of Operating Engineers
City of Ventura
ASSEMBLY FLOOR : 74-0, 1/23/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Conway, Cook, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Furutani, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Grove, Hagman, Hall, Harkey,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
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Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal,
Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel
P�rez, Portantino, Silva, Skinner, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Cedillo, Davis, Fuentes, Gorell,
Halderman, Smyth
JJA:do 6/14/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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