File #: ORD 24-024    Name: 7-9-2024 Risk Manager Discretion Ordinance Adoption
Type: Ordinance Status: Passed
File created: 7/1/2024 In control: Board of Supervisors
On agenda: 7/9/2024 Final action: 7/9/2024
Title: Adopt an ordinance amending Section 2.21.060 of the Monterey County Code to provide that the County Risk Manager have the discretion to approve deviations from or modifications to the County standard provisions regarding insurance and indemnification in appropriate circumstances exercising the Risk Manager's professional judgment.
Attachments: 1. Board Report, 2. Exhibit A_Risk Manager Ordinance (clean-signed), 3. Exhibit B_Risk Manager Ordinance (redline), 4. Completed Board Order Item No. 46, 5. Ordinance No. 5419
Title
Adopt an ordinance amending Section 2.21.060 of the Monterey County Code to provide that the County Risk Manager have the discretion to approve deviations from or modifications to the County standard provisions regarding insurance and indemnification in appropriate circumstances exercising the Risk Manager's professional judgment.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt an ordinance amending Section 2.21.060 of the Monterey County Code to provide that the County Risk Manager have the discretion to approve deviations from or modifications to the County standard provisions regarding insurance and indemnification in appropriate circumstances exercising the Risk Manager's professional judgment.

SUMMARY/DISCUSSION:
On June 25, 2024, the Board of Supervisors introduced and waived reading of the ordinance and
advanced the ordinance for consideration of adoption at the meeting on July 9, 2024, at 10:30
a.m.

The County has standard contract provisions including insurance and indemnification requirements, and any deviation from those requirements requires approval by the Board of Supervisors even if the contract amount is within the authority of the County Administrative Officer, Contracts/Purchasing Officer or department head.

Not all vendors either can or need comply with the County's standard provisions, for example: a sole proprietor with no employees need not have worker's compensation insurance; a vendor providing information technology services from a location in another state and who will not be travelling in California need not have automobile insurance; and a sole proprietor providing educational or entertainment services at County libraries during the summer months need not have $1 million of commercial general liability insurance.

In such cases, the County's Risk Manager should have the discretion to approve deviations from or modifications to the County standard provisions so such contracts need not require Bo...

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