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(a) Except in the case of emergency as provided in Section 402, below, or as otherwise provided by State or federal law, County ordinance, or Board Policy, the Director shall have exclusive authority to take the actions described in this section on behalf of the County.
(b) The Director has authority to enter into contracts to purchase, rent, license, or lease all personal property for the County, including any insurance, supplies, materials, furnishings, equipment, computer hardware and software systems, and licenses to use intellectual property, "goods" and engage independent contractors to perform services for the County, with or without the furnishing of material ("services"). The Director may enter into the following contracts without obtaining the approval of the Board of Supervisors, except as set forth in Board Policy and as otherwise provided for in this Code of Administrative Ordinances:
(1) Service Contracts for goods or services where the annual aggregate cost does not exceed $100,000; and
(2) Service Contracts for goods or services where the annual value does not exceed $1,000,000 per year and where:
a. The Board of Supervisors has exempted the category of goods or services (including "professional services," as defined in Board Policy and as otherwise provided for in this Code of Administrative Ordinances) provided under the subject contract from competitive procurement requirements pursuant to Board Policy exempting specific classes of procurement from such requirements; or
b. The contract is awarded pursuant to a "competitive negotiated procurement" procedure, as defined in Board Policy.
(3) All contracts for goods or services, with no maximum limitation on contract value, where the Director awards the contract:
(a) By a "formal bidding" or "reverse auction" procedure, as defined in Board Policy, or
(b) Based upon contracts competitively awarded by other government agencies or cooperative of agencies, and where the Director determines that the pricing is fair and reasonable.
(4) The Director may amend any contract without obtaining approval of the Board of Supervisors provided that the contract price remains within the authorities stated in this Section 401 or, for contracts awarded pursuant to subdivision (b)(2) of this Section 401, the amendment does not increase the annual contract price above $1,250,000.
(c) The Director has authority to negotiate and enter into or amend a contract or contracts where the Board has specifically authorized the Director to do so, in accordance with any conditions specified by the Board.
(d) The Director is authorized to enter into public works contracts (as described in section 20121 of the Public Contract Code) without obtaining the approval of the Board of Supervisors as follows:
(1) The estimated cost of the work is less than the amounts prescribed by the Public Contract Code.
(2) The work is performed by an entity that State or federal law has excepted from the bidding requirements of the Public Contract Code or applicable federal law.
(e) The Director is authorized to enter into contracts for highways (as described in section 20390 et seq. of the Public Contract Code) or a bridge or a subway (pursuant to Article 26 of the Public Contract Code) or for a project under the Improvement Act of 1911 (pursuant to Article 27 of the Public Contract Code) or under the County Sanitation District Act (pursuant to Article 50 of the Public Contract Code) or for construction by the San Diego County Flood Control District (pursuant to Article 120 of the Public Contract Code). The Director of Purchasing and Contracting may enter into these contracts, without obtaining approval of the Board of Supervisors, if the Director, Department of Public Works, estimates the cost at less than the amount prescribed by the Public Contract below which threshold the requirements of the Public Contract Code for contracting are inapplicable.
(Added by Ord. No. 9297 (N.S.), effective 2-22-01; amended by Ord. No. 9836 (N.S.), effective 4-12-07; amended by Ord. No. 10158 (N.S.), effective 8-11-11; amended by Ord. No. 10243 (N.S.), effective 2-7-13; amended by Ord. No. 10283 (N.S.), effective 10-10-13; amended by Ord. No. 10406 (N.S.), effective 2-4-16)