Article I — General Provisions and Definitions

• (a) General Purpose. The purpose and intent of this chapter is to formalize the policies and procedures with respect to procurement for the Santa Clara Stadium Authority ("Stadium Authority").

• (b) Intent. The Stadium Authority was formed to facilitate the acquisition, financing, development, operation and maintenance of the Stadium Project. The Stadium Authority intends, through the adoption of these procurement policies, to:

  • (1) Establish efficient, equitable and effective procedures for the procurement activities of the Stadium Authority;

  • (2) Ensure the integrity and equity in the procurement activities of the Stadium Authority and provide safeguards for the impartial application of the procurement policies; and

  • (3) Enable the Stadium Authority to operate and maintain equipment and facilities responsibly and to complete projects on time and on budget.

• (c) Authority. The Executive Director shall be appointed as the purchasing officer of the Stadium Authority and shall have the authority to:

  • (1) Purchase or contract for supplies, materials, and equipment required by the Stadium Authority in accordance with prescribed purchasing and bidding procedures and such other rules and regulations;

  • (2) Negotiate and execute contracts for the purchase of supplies, materials, and equipment, or delegate said duties to a designee;

  • (3) Act to procure for the Stadium Authority the needed quality and quantity of supplies, materials, and equipment at least expense to the Stadium Authority;

  • (4) Endeavor to obtain as full and open competition as possible on all purchases;

  • (5) Prepare and recommend to the Stadium Authority Board revisions to the rules governing the purchase of supplies, materials, and equipment for the Stadium Authority;

  • (6) Keep informed of current developments in the field of purchasing, prices, market conditions, and new products;

  • (7) Prescribe and maintain such forms as are reasonably necessary to the operation of the purchasing system and other rules and regulations;

  • (8) Supervise the inspection of all supplies, materials, and equipment purchased to ensure conformance with specifications, or delegate said duties to a designee;

  • (9) Maintain a bidders list, vendor catalog file(s), and the records needed for the efficient implementation of the procurement policies, or delegate said duties to a designee.

Any of the Executive Director's authority may be delegated to contractors with the Stadium Authority; provided, that the contract delegating such authority is approved by the Stadium Authority Board and the procurement performed by the contractor is within the limits of a budget approved by the Stadium Authority Board for the year in which the contract is awarded.

• (d) Waiver. The Executive Director (but not a contractor to whom the Executive Director has delegated its authority) shall have the authority to waive or modify any provisions of this chapter without any further action of the Stadium Authority Board.

• (Ord. 1900 § 1, 11-27-2012)

For the purposes of this chapter, the following terms, phrases and words shall have the meaning respectively prescribed to them by this section:

(a) "Contract amount"

means the value of the entire contract, including any option. With respect to contracts for materials and supplies, the contract amount includes the costs of the materials and supplies as well as any installation and servicing costs including in the acquisition of the materials and supplies. In determining the contract amount, (1) multiple contracts with a

single vendor for similar materials and supplies shall be considered a single contract, and (2) in the case of multi-year contracts covering years for which a budget has not yet been adopted shall not include amounts due in subsequent years that are conditioned on approval of the appropriate year's budget.

(b) "Days"

means calendar days.

(c) "Executive Director"

means the Executive Director of the Stadium Authority, or a designee, including (except as otherwise specifically provided herein) any contractor to whom the Executive Director has delegated authority pursuant to SCCC § 17.30.010(c) .

(d) "Other public works"

means other infrastructure, including, but not limited to, streets and highways, public rail transit, or water resource facilities and infrastructure not located on the stadium site or adjacent City streets and property.

(e) "Proposal"

means the response by an offer or to a solicitation to obtain supplies or services.

(f) "Responsive"

means a bid or offer submitted in response to a solicitation that conforms in all material respects to the requirements contained in the solicitation.

(g) "Stadium Authority"

means the Santa Clara Stadium Authority.

(h) "Stadium Authority Board"

means the governing board of the Santa Clara Stadium Authority.

(i) "Stadium Project"

means the construction, operation, and maintenance of a stadium, including all appurtenant improvements and related facilities located on the stadium site or adjacent City streets and property.

(j) "Services"

means the rendering of time, effort, or work, rather than the furnishing of a specified physical product other than reports incidental to the required performance.

(k) "Supplies"

means all tangible personal property, including furniture, commodities, goods, equipment, leases of equipment, and insurance, including incidental insurance. (Ord. 1900 § 1, 11-27-2012)

The Stadium Authority, as a joint exercise of power authority established under Articles 1 through 4 of Chapter 5 of Title 1 of the Government Code (Government Code Sections 6500 et seq.), is not a department of the City and shall be exempt from the requirements that City departments purchase or contract or specify supplies, materials, and equipment through the purchasing division. (Ord. 1900 § 1, 11-27-2012)