Page 46 - CONTRACT POLICY MANUAL

§3.2-104 Approval of Non-Standard Contract Terms

(1) Unless Risk Management agrees in writing that the risk to the County is minimal and County
Counsel agrees in writing that the legal risk to the County is minimal, approval by the Board of
Supervisors is required prior to the execution of any Capital Asset contract that includes non-
standard terms in the following contract provisions:
a) Indemnification;
b) Limitation of Liability;

c) Governing Law; or,
d) Arbitration/Dispute Resolutions

§3.2-105 Solicitation Considerations

(1) Solicitations for Capital Assets shall be written so that critical factors associated with the
acquisition shall be considered. These factors may include, but are not necessarily limited to the
following:

a) Item capabilities - Will item carry out the functions for which it is being acquired?
b) Size, dimensions - Will item fit within the space where it is to be used?
c) Power requirements - Does the County possess the necessary mechanisms for powering
the item as it requires?
d) Safety - Does the item meet all local, state, and federal safety requirements?
e) Pollution - Can the item be used without unnecessarily harming the environment? Does it
require special AQMD permits?
f) Certification/licensing Requirements – Does the Capital Asset being purchased require
special licensing/certification/training for the operator?
g) Maintenance - Are service and spare parts readily available? Are maintenance contracts
available?
h) Life cycle cost - What is the total cost of ownership including initial acquisition cost, cost
of operating supplies, cost of maintenance, cost of required space, residual value, etc.?
i) Liability insurance - If the item is being installed by vendor, what is the cost of liability
insurance?

§3.2-106 Vendor Selection

(1) With the exception of Sole Source purchases, selection of vendors for Capital Assets shall be based
on the competitive process. Solicitations shall be made as follows:

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