File #: ORD 24-009    Name: 03-26-2024 Contract Authority Ordinance
Type: Ordinance Status: Passed
File created: 3/6/2024 In control: Board of Supervisors
On agenda: 3/26/2024 Final action: 3/26/2024
Title: Adopt an ordinance amending Section 2.32.035 of the Monterey County Code to raise the contract authority of the County Counsel, District Attorney, and Public Defender to engage independent contractors for all legal services and expert specialized services provided to the County to an amount not to exceed $200,000 consistent with the authority of the Purchasing Agent.
Attachments: 1. Board Report, 2. Exhibit A_Contract Authority Ordinance (clean-signed), 3. Exhibit B_Contract Authority Ordinance (redline), 4. Completed Board Order Item No. 34, 5. Ordinance No. 5413
Title
Adopt an ordinance amending Section 2.32.035 of the Monterey County Code to raise the contract authority of the County Counsel, District Attorney, and Public Defender to engage independent contractors for all legal services and expert specialized services provided to the County to an amount not to exceed $200,000 consistent with the authority of the Purchasing Agent.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Adopt an ordinance amending Section 2.32.035 of the Monterey County Code to raise the contract authority of the County Counsel, District Attorney, and Public Defender to engage independent contractors for all legal services and expert specialized services provided to the County to an amount not to exceed $200,000 consistent with the authority of the Purchasing Agent.

SUMMARY/DISCUSSION:
On March 12, 2024, the Board of Supervisors introduced and waived reading of the ordinance and advanced the ordinance for consideration of adoption at the meeting on March 26, 2024, at 10:30 a.m.

Current state law (California Government Code Section 25502.5) permits a board of supervisors to authorize the county purchasing agent to approve contracts engaging independent contractors to perform services in an amount not exceeding $200,000 without action by the board of supervisors. Chapter 2.32 of the Monterey County Code ("Code") addresses the duties of the County's Purchasing Agent including the Purchasing Agent's contract authority to engage independent contractors and, at Section 2.32.035, also addresses the contract authority of the County Counsel, District Attorney, and Public Defender for contracts relating to the duties of those offices.

Prior to December 2022, the contract authority of all the above-described officials was limited to an amount not to exceed $100,000 as previously permitted by Government Code Section 25502.5. The Government Code was amended effective in 2019 to raise the not to exceed amount to $200,000, and the ...

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