## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35159. (a) The governing board may contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement. The governing board may appoint a general manager to be the chief administrative officer of the authority, and the governing board may authorize the general manager to bind the authority, in accordance with governing board policy that has been adopted in an open meeting and without advertising, for contracts for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement, not exceeding fifty thousand dollars ($50,000). All expenditures related to contracts for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement, approved by a general manager shall be reported to the governing board at its next regular meeting. (b) (1) Notwithstanding any other law, a contract for any services, supplies, equipment, or materials that exceeds fifty thousand dollars ($50,000) shall be contracted for and let to the lowest responsible bidder. A contract for any services, supplies, equipment, or materials of one hundred thousand dollars ($100,000) or less may be let by informal bidding procedures, but a contract for any services, supplies, equipment, or materials of more than one hundred thousand dollars ($100,000) shall be let by formal bidding procedures. (2) A contract for the construction, completion, maintenance, or repair of any building, structure, or improvement that exceeds twenty-five thousand dollars ($25,000) shall be contracted for and let to the lowest responsible bidder. A contract for the construction, completion, maintenance, or repair of any building, structure, or improvement of seventy-five thousand dollars ($75,000) or less may be let by informal bidding procedures, but a contract for the construction, completion, maintenance, or repair of any building, structure, or improvement of more than seventy-five thousand dollars ($75,000) shall be let by formal bidding procedures. (3) If two or more bids, for a contract described in paragraph (1) or (2), are the same and the lowest, the governing board may accept the one it chooses. (4) If the governing board delegates authority in the manner specified in subdivision (a) for a contract for the construction, completion, maintenance, or repair of any building, structure, or improvement, the decision by the chief administrative officer of the authority shall be binding on the authority, and all existing protest and grievance procedures regarding that decision remain valid. (5) (A) Notwithstanding paragraph (1), contracts for services, including, but not limited to, planning, consulting, legal, or appraisal services, or to contracts for services authorized to be procured pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, are not required to be contracted for or let to the lowest responsible bidder, if the governing board awards the contract to the most responsible and qualified bidder. (B) For purposes of this subdivision, “most responsible and qualified bidder” means the bidder deemed by the governing board that best fits the needs of the service contract or meets the criteria prescribed in subparagraph (C). (C) In determining the most responsible and qualified bidder, the governing board may use criteria, including, but not limited to, all of the following: (i) Experience of the bidder as a firm, including past performance of the firm on contracts of similar size and scope. (ii) Experience and qualifications of personnel employed by the bidder. (iii) Demonstrated understanding of the scope of the service, including schedule and plan to accomplish the service. (iv) Best overall financial return to the governing board on the contract. (v) In addition, for purposes of this paragraph, a responsible bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, and experience to satisfactorily perform the work or provide the goods required. (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. For purposes of contracts requiring formal bidding, 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) (1) 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. (2) For purposes 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, a flood, an earthquake, or other soil or geologic movements, as well as a riot, an accident, or sabotage. (Amended by Stats. 2024, Ch. 733, Sec. 2. (AB 2682) Effective January 1, 2025.)
