Article 2. Contracts of California Public Utilities Code >> Division 10. >> Part 15. >> Chapter 5. >> Article 2.
The district may make contracts and enter into stipulations
of any nature whatsoever, either in connection with eminent domain
proceedings or otherwise, including, without limiting the generality
of the foregoing, contracts and stipulations to indemnify and save
harmless, to employ labor, and to do all acts necessary and
convenient for the full exercise of the powers granted in this part.
The district may contract with any department or agency of
the United States of America, with any public agency, or with any
person upon such terms and conditions as the board finds is for the
best interest of the district.
(a) The purchase of all supplies, equipment, and materials,
when the expenditure required exceeds one hundred thousand dollars
($100,000), shall be, by contract, let to the lowest responsible
bidder, or, in the district's discretion, to the responsible bidder
who submitted a proposal that provides the best value to the district
on the basis of the factors identified in the solicitation. "Best
value" means the overall combination of quality, price, and other
elements of a proposal that, when considered together, provide the
greatest overall benefit in response to the requirements described in
the solicitation documents.
(b) To the extent practicable, the district shall obtain a minimum
of three quotations, either written or oral, that permit prices and
terms to be compared whenever the expected expenditure required for
the purchase of supplies, equipment, or materials exceeds two
thousand five hundred dollars ($2,500), but does not exceed one
hundred thousand dollars ($100,000).
(c) Notice requesting bids required by the section shall be
published at least once in a newspaper of general circulation and on
the district's procurement Internet Web site, which publication shall
be made at least 10 days before the bids are received. The board may
reject any and all bids and readvertise at its discretion.
(d) This section applies solely to the procurement of supplies,
equipment, and materials, and shall not apply to construction
If, after rejecting bids received under Section 103222, the
board determines and declares by a two-thirds vote of all of its
members that, in its opinion, the supplies, equipment, or materials
may be purchased at a lower price in the open market, the board may
proceed to purchase these supplies, equipment, or materials in the
open market without further observance of the provisions regarding
contracts, bids, or advertisements.
The district may insure against any accident or destruction
of the system or any part thereof. The district may insure against
loss of revenues from any cause whatsoever. It may provide, in the
proceedings authorizing the issuance of any bonds, for the carrying
of insurance in such amount and of such character as may be
specified, and for the payment of the premiums thereon. The district
may also provide insurance as provided in Part 6 (commencing with
Section 989), Division 3.6, Title 1 of the Government Code.
The district may contract for the services of independent