Title
Consider recommending that the County Code be amended to raise the contract authority of County Counsel, District Attorney, and Public Defender to a not to exceed amount of $200,000 consistent with the authority of the Purchasing Agent.
Report
RECOMMENDATION:
It is recommended that the Budget Committee recommend to the Board of Supervisors that the County Code be amended to raise the contract authority of County Counsel, District Attorney, and Public Defender to a not to exceed amount of $200,000 consistent with the authority of the Purchasing Agent.
SUMMARY/DISCUSSION:
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 of 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 Board of Supervisors amended the County Code in December of 2022 to raise the Purchasing Agent’s contract authority, but the contract authority of the County Counsel, District Attorney or Public Defender was not adjusted.
The County Counsel, District Attorney, and Public Defender can more efficiently engage independent contractors to perform services relating to their statutory duties by raising their contract authority to a not to exceed amount of $200,000 consistent with the authority of the Purchasing Agent.
OTHER AGENCY INVOLVEMENT:
The County Administrative Office and Contracts/Purchasing Officer support the recommendation.
FINANCING:
There is no fiscal impact per se with this item; however, it will result in more contracts being approved by the County Counsel, District Attorney and Public Defender, and fewer contracts being presented to the Board of Supervisors for approval, thus Budget Committee support is being requested.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
This action provides for more efficient processing of certain County contracts.
__Economic Development
X Administration
__Health & Human Services
__Infrastructure
__Public Safety
Prepared and Approved by:
______________________________________
Leslie J. Girard, County Counsel Ext. 5365
Attachments:
Draft ordinance
Underline/strikeout