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.