Description

Examples of Duties

• Provides legal evaluation and insight to support District compliance with federal, state, and local laws, rules, and regulations, as well as additional regulatory agency requirements, including those of the Federal Transit Administration (FTA), Federal Railroad Administration (FRA), California Public Utilities Commission (CPUC), State Water Board, Army Corps, US Fish and Wildlife and other federal and state agencies, as applicable, in procurement and contract administration activities.
• Provides legal expertise, recommendations, and review of NCTD policies and procedures and other documents for legality with laws and regulations to include development and oversight of District procurement and contract administration.
• Assists with procurements and contract administration activities and provides oversight in collaboration with the Chief Procurement Officer related to the maintenance of contract and procurement files.
• Advises and supports the procurement staff on federally-mandated Disadvantaged Business Enterprise (DBE) and Small Business programs.
• Conducts and/or participates in oversight of compliance reviews and audits, reviewing and monitoring contract compliance and performance, and reviewing and incorporating state and federal grants requirements in procurement and contract administration activities.
• Reviews and analyzes goods and services contracts, construction contracts, leases, licenses, right-of-entry permits, easements, utility, and development agreements and related indemnity provisions.
• Advises staff on contract modifications and reviews construction specifications to ensure compliance with state and federal law, NCTD policies, and applicable grant requirements.
• Leads or assists General Counsel with negotiations related to complex procurement and contract administration actions and drafting complex contracts and related documents.
• Drafts proposed legislation and NCTD policies, ordinances, and amendments.
• Studies, interprets, and applies constitutions, statutes, ordinances, court decisions, and legal opinions in connection with legal advice, suits, trials, hearings, appeals, and similar legal proceedings.
• Collaborates with NCTD managers on matters where legal considerations are present or likely.
• Conducts reviews and investigations, provides legal oversight and guidance, makes recommendations as appropriate to avoid or minimize negative outcomes and to mitigate risk, and reduce or eliminate liability to NCTD.
• Researches, recommends, and drafts response to procurement protests, responses to Q&A, and advises procurement staff and/or negotiates terms and conditions in dispute to help minimize litigation, third-party contract disputes, and other potential legal issues.
• Advises and monitors compliance with the District’s policies regarding conflict of interest and ethics in procurement actions by ensuring appropriate measures are taken to identify contractors who may have conflicts of interest.
• Monitors legal developments including proposed legislation and court decisions that may impact NCTD and recommends action.
• Researches and analyzes legal issues which affect NCTD exposure to litigation, transactional costs and risks, construction performance and obligations, and matters with direct consequence to the receipt, expenditure, and reimbursement of funds.
• Performs other professional legal services as mandated by law or directed by General Counsel.
• Performs other related duties as assigned.

Qualifications

• Juris Doctor or equivalent from an accredited school of law.
• Minimum five (5) years of professional, post-bar civil legal experience as an attorney, preferably related to contract development, management, and administration.
• Experience working with a public agency preferred.

• 
  Substitution of experience for the required education is not accepted.

• Active membership in good standing with the California State Bar required.
• Possession of and the ability to maintain a California driver’s license, Class C, with less than 6 points in the preceding 36-month period, and no DUI violations in the prior seven (7) years.
• Maintain compliance with the District’s policies regarding Standard of Conduct, Conflict of Interest, and Ethics.
• Must be able to obtain and maintain annual access to Marine Corp Base Camp Pendleton.

• 
  Required license, certifications, and registrations must be maintained throughout employment.

• Principles of civil, constitutional and administrative law as it relates to NCTD. This includes government/public administration, municipal laws and ordinances, court methods and procedures, and legal authorities relative to public and private transportation entities.
• State and federal laws and constitutional provisions affecting NCTD operations.
• Familiarization with Federal Transit Administration and Federal Railroad Administration regulations, California Public Contract Code, California Government Code, and California Public Utilities Code is preferred.
• Federal and state laws and regulations relating to transit grants and the principles of drafting and negotiating complex contract documents and agreements.
• Principles, methods, materials, and practices of legal research and writing.

• Analyze, appraise, and organize facts, evidence, and precedents and present such materials clearly in oral or written legal form.
• Analyze and appraise a variety of legal documents and instruments.
• Draft legal instruments such as resolutions, ordinances, contracts, and other pertinent documents.
• Make effective court and hearing presentations, if required.
• Establish and maintain effective professional relationships with NCTD personnel and city attorneys, as well as local officials and the public.
• Communicate legal issues to non-attorneys.
• Work successfully with diverse persons and interests both in government and with the public in general.
• Draft and review legal opinions, contracts, policies, legislation, and/or other legal documents, including policy and procedure manuals and development of contract templates; conduct related negotiations when applicable.

Supplemental Information

• use the phone and computer for extended periods
• have manual dexterity to complete clerical functions and work with office equipment and lift equipment up to 25 pounds on a periodic basis
• to hear, see, and communicate verbally to exchange information.
• The employee must be able to physically travel between District locations and other destinations
• work in evenings when required
• work in hazardous conditions and negotiate a variety of different and irregular terrain as is typical along a railway right of way
• employee may be subject to fumes, odors, dusts, gases, chemicals
• employee must be able to walk, climb, balance, bend, carry, push, reach, sit, and stand

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  Ability to operate a personal computer and Microsoft Office Suite programs.
• Ability to operate standard office equipment, including a fax and scanner machine, copy machine, and telephone.
• Ability to carry and operate a mobile on-call device.

Application Information: All applicants must complete and submit an online application at www.gonctd.com/careers. A job offer is contingent upon the successful completion of a pre-employment drug screen and background check. Salary based upon experience, not to exceed midpoint of stated range. NCTD is an Equal Employment Opportunity Employer.

Retirement: NCTD participates in the CalPERS retirement program with a benefit formula of 1.5% @ 65 for PEPRA new members. Benefits are calculated based on your age at retirement, the number of years of service credit with CalPERS and the average of your monthly compensation over the past 36 months (36 months average highest hourly pay rate). The current employee contribution rate each payroll is 4.75% for new members. Taxes are deferred to retirement.

457(b) Deferred Compensation Plan: NCTD offers a Voluntary Deferred Compensation Savings Plan through VOYA Financial Services. Employees are eligible to enroll any time after the date of hire. The plan allows you to contribute pre-tax and/or post-tax dollars into selected funds of your choice. The plan also allows you to:

• Contribute up to amount specified annually by the IRS
• Catch-up plan for those 50+ of up to amount specified annually by the IRS
• Is portable, can be rolled over into another qualified retirement plan
• Employer match into a 401(a) account (50% up to 8% of employee compensation; Max NCTD contribution of 4%)

Medical Insurance: NCTD offers a rich variety of HMO and PPO plans to choose from and contributes towards your monthly medical premiums, if the coverage you select costs more than the amount NCTD contributes, then payroll deductions will be withheld on a pre-tax basis.

If medical insurance is selected, NCTD will contribute the listed amount towards your selection:

• $550/month for single coverage
• $1,040/month for employee + one dependent
• $1,392/month for employee + 2 or more dependents

Dental Insurance: NCTD offers two different dental plans for employees and their eligible dependents (HMO and PPO) from a reliable dental insurance provider. Human Resources can provide information regarding annual insurance provider and available plans. Both plans are part of NCTD’s cafeteria plan (pre-tax payroll deductions for monthly premiums).


Vision Insurance: NCTD offers vision services for employees and their eligible dependents through a reliable vision insurance provider. Human Resources can provide information regarding annual insurance provider and available plan. The plan is part of NCTD’s cafeteria plan (pre-tax payroll deductions for monthly premiums).

The benefits include:

• $10.00 co-pay for Annual Exam
• No charge for standard lenses every 12 months
• $125 retail allowance for frames every 2 years; OR $125 toward the contact lens.

Life Insurance: NCTD cares for its employees, and thus provides at no cost to the employee group life insurance in the amount of $50,000 (coverage includes Accidental Death and Dismemberment and Accelerated Death benefits). Additional life insurance is available for you and your eligible dependents at your expense. * Tax reporting is required for any amounts over $50,000, per IRS guidelines. Supplemental life insurance coverage premiums are deducted on a post-tax basis.


Long Term Disability Insurance: NCTD offers voluntary Long-Term Disability (LTD) insurance. You may elect units of $100 up to 60% of your hourly wage to a maximum of $6,000/month. Deductions are post-tax, coverage 24/7, limitations or exclusions, and benefits are payable to age 65 or for two years (whichever is longer).


Flexible Spending Account Plan: NCTD offers two core FSA plans and two Commuter plans. Health Care and Dependent Care plans are “Use It OR Lose It” calendar year plans (Jan. 1st – Dec. 31st). The Commuter Transit and Parking plans do not have a “use it or lose it” policy. Plans are as follows:

• Health Care Spending Account:
  • May contribute up to amount specified annually by the IRS
• Dependent Care Spending Account:
  • May contribute up to amount specified annually by the IRS (including limitations if married)
• Commuter Transit Accounts:
  • May contribute up to amount specified annually by the IRS

Disability Insurance: Employees contribute to California State Disability Insurance (SDI). The current contribution rate is 1.1% of earnings and is totally paid by the employee. After the 7-day waiting period, SDI pays a percentage of employee’s salary up to a maximum of $1,540.00per week, for up to 52 weeks. SDI may be coordinated with Paid Time Off (PTO).


Accident Insurance: NCTD offers voluntary accident insurance. You may elect coverage for you and your dependents for a flat monthly rate. Deductions are post-tax.


Critical Illness Insurance: NTD offers voluntary Critical Illness insurance. You may elect coverage up to $10,000 in increments of $2,500, for you and between $2,500 - $5,000 for your dependents, not to exceed 50% of coverage amount. Deductions are post-tax.


Administrative Holidays: 9 recognized paid holidays per year: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, and Christmas Day.


PTO (Paid Time Off): All NCTD Regular, Probationary, and Limited-Term employees shall receive Paid Time Off (PTO). PTO shall be taken at reasonable times approved by the employee’s supervisor.

PTO shall be earned equally in each pay period during the year in accordance with the following schedule, based on the number of years of NCTD service completed:

• 0 through 3.99 years of service completed: 120 hours per year (15 days)
• 4.00 through 9.99 years of service completed: 176 hours per year (22 days)
• 10 and more years of service completed: 216 hours per year (27 days)

Bereavement: NCTD offers up to three (3) days of paid leave. Five (5) days if travel is greater than 300 miles.


Transportation Passes: All NCTD employees receive an identification “PRONTO Card” which can be used to ride the following NCTD/MTS transit services (BREEZE, FLEX, SPRINTER, COASTER, MTS Bus, Trolley) at no charge. Eligible family members also receive a pass for NCTD public transportation at no charge (paratransit excluded).


Employee Assistance Plan: The EAP offers assistance in areas such as:

• Emotional Support
• Work/Life Balance
• Family Care

Family Status Change: This allows you to add/drop dependents from current benefit plan elections per IRS “Qualifying Events.” If a “Qualifying Event” occurs, you MUST contact HR within 30 days of event, (Qualifying Event must relate to the benefit change you are requesting).



Please contact Human Resources should you have any questions regarding NCTD Benefits.