Header:
CALIFORNIA CODE ANNOTATED
PUBLIC RESOURCES CODE
Division 26. Santa Clara County Open-Space Authority
Chapter 4. Powers and Functions
Date:
08/31/2009
Document:
Cal Pub Resources Code § 35159 (2010)
§ 35159. Contracts for services, supplies or construction
(a) The authority may contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction or completion of any building, structure, or improvement.
(b) When a contract for any services, supplies, equipment, or materials, except for legal or appraisal services, or except for those services authorized to be procured under Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code exceeds ten thousand dollars ($10,000), it shall be contracted for and let to the lowest responsible bidder. If two or more bids are the same and the lowest, the governing board may accept the one it chooses. Contracts of fifty thousand dollars ($50,000) or less may be let by informal bidding procedure, but contracts of more than fifty thousand dollars ($50,000) shall be let by formal bidding procedures.
(c) 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 authority, or if there is none, it shall be posted in at least three public places in the authority. The notice shall distinctly state the nature of the contract.
(d) The governing board may reject any bids. If the governing board rejects all bids, it may either readvertise or adopt a resolution, by four-fifths vote, declaring that the contract can be performed more economically by the employees of the authority or obtained at a lower price on the open market. Upon adoption of the resolution, the governing board may undertake the project without further complying with subdivisions (b) and (c).
(e) If bids are not received, the governing board may undertake the project without further complying with subdivisions (b) to (d), inclusive.
(f) In the case of an emergency, the governing board may adopt a resolution by a two-thirds vote of all the members of the governing board declaring that the public interest and necessity demand immediate expenditure of public money to safeguard life, health, or property. The governing board may expend any sum required in the emergency without submitting the expenditure to bid.
For the purpose of this subdivision, "emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes a fire, flood, earthquake, or other soil or geologic movements, as well as a riot, accident, or sabotage.
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