County of Santa Clara
Facilities and Fleet Department
83444 A
DATE:
January 10, 2017
TO:
Board of Supervisors
FROM:
Jeffrey D Draper, Director, Facilities and Fleet
SUBJECT: Board Policy Resolution 3.44
RECOMMENDED ACTION
Adopt Board Policy Resolution amending Board of Supervisors' Policy Manual section 3.44
relating to use of County facilities, and direct the Clerk of the Board to include Policy in
Board of Supervisors' Policy Manual. (Roll Call Vote)
REASONS FOR RECOMMENDATION
Board Policy Manual Section 3.44 specifies the conditions under which county facilities may
be temporarily used for meetings and events by non-county entities, e.g. non-profits, vendors,
contractors, and others who are working in the furtherance of Board-approved goals and
County services. The policy authorizes the County Executive to approve these uses and
stipulates that agreements determined to be below fair market are subject to and comply with
the provisions of Board Policy Section 5.9.5.6.
As the County Executive’s real estate services center, the Facilities and Fleet Department
(FAF) is designated to execute agreements for these temporary uses to ensure the County is
appropriately indemnified and to confirm the use is consistent with County policy.
However, there are many last minute requests from county departments who want to support
requests providing a public benefit, e.g. non-profits doing business in the furtherance of the
Board of Supervisors’ goals and County services, other entities who offer small-format
education and trade show type events that are planned to be attended by County staff and
possibly other local agency staff in the local vicinity, etc. These urgent requests require FAF
staff to drop what they are otherwise planning to accomplish during the day to put an
agreement in place when the use is usually one-time and de minimis. Furthermore, county
departments, instead of FAF, are in the best position to know the availability of their assigned
conference and training rooms as they manage their day-in day-out use. Thus it is more
practicable that county departments manage these de minimus requests.
At the August 11, 2016 Administrative Space Committee FAF reported its intention to
propose revisions to this policy. Thus FAF is proposing that the County Executive or his or
Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian
County Executive: Jeffrey V. Smith
Page 1 of 3
her designees, which may include other County directors or executives, be authorized to
negotiate, amend, enter into and execute licenses for the use of a County facility, space or
property by non-County organizations. Of note, Parks and Recreation Facilities are excluded
from Section 3.44 and are instead subject to Section 7.6.
This policy further details the responsibilities of the County, and the user of the County
facility, in regards to non-County meetings and events. It also specifies the implementation
requirements for County Departments and non-County agencies that do not regularly transact
real estate agreements. The policy edits are provided below:
Section 3.44
The County Executive, or his or her designees, which may include other County directors or
executives, is authorized to negotiate, amend, enter into and execute licenses and other space
use agreements for the use of a County facility, space or property by non-County
organizations if:
 The term of the agreement is ten (10) days or less;
 The rent or fee for the use is less than $10,000 per month;
 The agreement is non-renewable;
 The use serves a public purpose;
 The County employee with the delegation has complied with all other applicable
provisions of the County Board of Supervisors Policy Manual (including but not
limited to Board Policy 5.9.5.6 pertaining to fair market rent/fees), County Ordinance
Codes and other laws pertaining to such use;
 An executed copy of the agreement is provided to the Director of the Facilities and
Fleet Department; and
 The use of the facility will be reported to the Finance and Government Operations
Committee on an annual basis.
CHILD IMPACT
The recommended action will have no/neutral impact on children or youth.
SENIOR IMPACT
The recommended action will have no/neutral impact on seniors.
SUSTAINABILITY IMPLICATIONS
The recommended action will have no/neutral sustainability implications.
BACKGROUND
On January 25, 2005, Item 25, the Board adopted policy Resolution No. 05-01 adding
Section 3.44 to the Board of Supervisors’ Policy manual establishing Use of County
Facilities.
STEPS FOLLOWING APPROVAL
Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian
County Executive: Jeffrey V. Smith
Agenda Date: January 10, 2017
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 The Clerk of the Board will notify Kyle Larson of the Office of the County Executive,
and Susana Perez-Hernandez and Andy Walker of the Facilities and Fleet Department.
 The Clerk of the Board will incorporate the revised Policy into the Board of
Supervisors Policy Manual.
ATTACHMENTS:
 Exhibit A.REDLINE.BOS Policy 3.44
(PDF)
 Exhibit B.CLEAN COPY.BOS Policy 3.44 (PDF)
 Resolution 3.44 (PDF)
Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian
County Executive: Jeffrey V. Smith
Agenda Date: January 10, 2017
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