BILL NUMBER: AB 2388 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 20, 2012
PASSED THE ASSEMBLY AUGUST 22, 2012
AMENDED IN SENATE AUGUST 13, 2012
AMENDED IN SENATE JUNE 6, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Beall
FEBRUARY 24, 2012
An act to amend Section 35159 of the Public Resources Code,
relating to the Santa Clara County Open-Space Authority.
LEGISLATIVE COUNSEL'S DIGEST
AB 2388, Beall. Santa Clara County Open-Space Authority:
authorization to contract.
(1) The Santa Clara County Open-Space Authority Act establishes
procedures for the creation of the Santa Clara County Open-Space
Authority, and prescribes the functions and duties of the authority
with regard to the management of lands and facilities under the
jurisdiction of the authority. The act authorizes the authority to
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. The act requires that a
contract for any services, supplies, equipment, or materials, with
the exception of certain legal appraisal services, that exceeds
$10,000 be contracted for and let to the lowest responsible bidder,
but authorizes the governing board of the authority, if 2 or more
bids are the same and the lowest, to accept the one it chooses. The
act permits contracts of $50,000 or less to be let by informal
bidding procedures, but requires contracts of more than $50,000 to be
let by formal bidding procedures.
This bill would instead require that a contract for any supplies,
equipment, or materials, that exceeds $25,000 be contracted for and
let to the lowest responsible bidder but would authorize the
governing board of the authority, if 2 or more bids are the same and
lowest, to accept the one it chooses. The bill would further permit
contracts of $75,000 or less to be let by informal bidding
procedures, but would require that contracts of more than $75,000 be
let by formal bidding procedures. The bill would specify that those
requirements do not apply to 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
specified provisions with private architects, engineering, land
surveying, and construction project management firms, if the
governing board awards the contract to the most responsible and
qualified bidder, as defined.
(2) The bill would declare that, due to the unique circumstances
applicable only to the Santa Clara County Open-Space Authority that
the bill is intended to address, a general statute within the meaning
of specified provisions of the Constitution cannot be made
applicable and a special statute is necessary.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35159 of the Public Resources Code is amended
to read:
35159. (a) The governing board 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) (1) Notwithstanding any other laws, a contract for any
supplies, equipment, or materials, that exceeds twenty-five thousand
dollars ($25,000) 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. A contract of
seventy-five thousand dollars ($75,000) or less may be let by
informal bidding procedures, but a contract of more than seventy-five
thousand dollars ($75,000) shall be let by formal bidding
procedures.
(2) (A) This subdivision shall not apply to 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, 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) 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.
SEC. 2. The Legislature finds and declares that, because of the
unique circumstances applicable only to the Santa Clara County
Open-Space Authority, a statute of general applicability cannot be
enacted within the meaning of subdivision (b) of Section 16 of
Article IV of the California Constitution, therefore, this special
statute is necessary.