Title
Adopt an ordinance amending Section 2.32.030 of the Monterey County Code to include “annual” in the contract authority of Purchasing Agent to engage independent contractors to perform services for the County and the offices thereof, with or without the furnishing of material, where the annual aggregate cost does not exceed $200,000.
Report
RECOMMENDATIONS:
It is recommended that the Board of Supervisors adopt an ordinance amending Section 2.32.030 to include “annual” in the contract authority of Purchasing Agent to engage independent contractors to perform services for the County and the offices thereof, with or without the furnishing of material, where the annual aggregate cost does not exceed $200,000.
SUMMARY/DISCUSSION:
California Government Code, section 25502.5 authorizes signature authority on an annual aggregate basis. Currently, the Section 2.32.030 of the Monterey County Code (Code) does not include the annual basis language. Amending the ordinance to include the annual basis language will facilitate better administration, minimize ambiguity, and be in alignment with sections 25500-25509 of the Government Code.
Government Code, sections 25500-25509 authorize the Board of Supervisors to employ a Purchasing Agent and such assistants as are necessary to properly fulfill the duties of the position. Effective in 2019, in accordance with section 25502.3, in counties having a population of 200,000 or more, the board of supervisors may authorize the purchasing agent to engage independent contractors to perform services for the county or county officers, with or without furnishing of material, when the annual aggregate cost does not exceed $200,000. In addition, the board of supervisors may establish rules and regulations to effectuate the purpose of the section.
On December 15, 2022, the Board of Supervisors approved an amendment to Paragraph F of Section 2.32.030 of the Code to increase the signature authority of the Purchasing Agent to engage independent contractors to perform services for the County and the offices thereof, with or without the furnishing of material, where the aggregate cost does not exceed $200,000.
The proposed amendment to the Code would amend Section 2.32.030 to increase the authority of the Purchasing Agent to engage independent contractors to perform services for the County to $200,000 annually in the aggregate. The amendment would simply add the word “annually”. Staff recommends this change so the County can more efficiently engage necessary contractors for its purposes by authorizing the annual aggregate cost not to exceed $200,000 as authorized by state law. “Annually" will mean the one-year period from the effective date of the agreement.
On January 7, 2025, the Board of Supervisors introduced and waived reading of the ordinance and advanced the ordinance for consideration of adoption at the meeting on January 28, 2025, at 10:30 a.m.
OTHER AGENCY INVOLVEMENT:
County Counsel’s Office has reviewed the ordinance as to form.
FINANCING:
This action has no financial impact not otherwise incurred by the County.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
This action provides for more efficient processing of certain County contracts.
Mark a check to the related Board of Supervisors Strategic Initiatives
Economic Development
X Administration
Health & Human Services
Infrastructure
X Public Safety
Prepared by: Debra R. Wilson, PhD, Contracts and Purchasing Officer
Approved by: Sonia M. De La Rosa, County Administrative Officer
Attachments:
1. Exhibit A: Draft ordinance amending Monterey County Code Section 2.32.030 (clean-signed)
2. Exhibit B: Draft ordinance amending Monterey County Code Section 2.32.030 (redline)