The County of Santa Clara - County Executive, Office of the (DEP)

What is a Contract?

A Contract is a written document that outlines the “obligations” agreed upon between the County and a non-County entity. “Obligations” include paying money for service, but can be non-monetary, such as committing staff time, committing facility use, in-kind contributions. A contract can also be called a memorandum of understanding (MOU). All types of contracts are subject to the County’s contracting process.

Statement of Intent

The Board of Supervisors is committed to an open and competitive process with organizations and individuals who contract with the County.

Their intent is to promote the most cost-effective use of the taxpayer’s dollars while contributing to fairness and equal access to business opportunities in the County.

The Board is equally committed to following fair labor practices and supporting labor agreements that might be impacted by any contract entered into by the County.

Basic Contracting Principles

A contract is needed anytime the County of Santa Clara obligates itself to do something with a non-County agency, even if there is no exchange of money.
Only the Board of Supervisors may contract on behalf of the County unless the Board has delegated authority to a County official.
Services cannot begin without a fully executed agreement.

About This Contract Section

The emphasis of this document is on contracting for services.

Note: Contracting with current County employees or former employees separated from the County may be prohibited or strictly limited, depending on the circumstances. The County Executive’s approval is required to hire a former County retiree.

The Procurement Department contracts for goods and equipment up to and including $2 million. The Procurement Department executes most of the agreements for services up to and including $100,000 or up to and including $500,000, if related to a current or past technology acquisition. The Procurement Department may also receive a delegation of authority from the Board to execute agreements for services over the normal limit set by the Board. The County Official (or designee) that receives the Board’s delegation of authority – for example the department head or the Procurement Department, executes Board Contracts.

Suggestions for How to Review the Policies

This section is designed to simplify and bring together the rules and procedures governing County contracts.
If you are not familiar with the overall County contracting process, you may wish to review the entire policies on contracting and bidding. We recommend that you begin with the Glossary and then the Board Policies on Contracting and Bidding.

Glossary - The glossary provides definitions of key words, phrases, and an explanation of key provisions for contract documents.

Board Policies on Contracting and Bidding - Board Policies regarding contracting and bidding are approved by the Board of Supervisors and maintained by the Clerk of the Board.

Who Can Execute a Contract?

The County exercises its authority to contract for services only through the Board or a public official to whom the Board has delegated authority. The Director of Procurement is the Board’s Purchasing Agent and has received a delegation of authority to purchase goods and services within certain dollar amounts, based on what is being purchased.