BILL NUMBER: AB 2388	AMENDED
	BILL TEXT

	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, as amended, Beall. Santa Clara County Open-Space
Authority: authorization to contract. 
   The 
    (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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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  authority   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  section does 
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. 
   (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.