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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. A34-82. Emergency actions.

(a) Pursuant to Public Contract Code §§ 22035 and 22050, in the case of an emergency as defined in Public Contract Code § 1102 (a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services), the Board of Supervisors, pursuant to a four-fifths vote, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. Before taking such action, the Board shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay for a competitive solicitation for bids, and that the action is necessary to respond to the emergency.

(b) Pursuant to Public Contracts Code § 22050(b)(1), the County Executive or his/her designee also has the authority to order such emergency actions for any County agency or department.

(c) If the County Executive or his/her designee orders any such action that person shall report to the Board of Supervisors, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay for competitive solicitation for bids and why the action is necessary to respond to the emergency.

(d) If, pursuant to Subsection (a) above, the Board of Supervisors orders any emergency action, it shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the emergency action. If the Board of Supervisors meets weekly, it may review the emergency action in accordance with this paragraph every 14 days. If the Board of Supervisors does not award additional contracts without giving notice for bids to let contracts after the initial review date, the action is considered terminated and additional reviews are not required.

(e) If the County Executive or his/her designee orders an emergency action, the Board of Supervisors shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless the County Executive or his/her designee has terminated that action prior to the Board of Supervisors reviewing the emergency action and making a determination. If the Board of Supervisors meets weekly, it may after the initial review, review the emergency action in accordance with this paragraph every 14 days. If there are no additional contracts awarded without giving notice for bids to let contracts after the date of initial review of the action by the Board of Supervisors, the emergency action is considered terminated and additional reports to the Board of Supervisors are not required.

(f) When the Board of Supervisors reviews the emergency action, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.

(Ord. No. 300.644, § 2, 1-9-01)

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