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Home My WebLink AboutMINUTES - 02262008 - C.34 s t ContraTO: BOARD OF SUPERVISORS ��'"�� -=-`O'� e3/ FROM: JOHN CULLEN, County Administrator -�~ '� o; �T.,>r,�+,� O S a DATE: FEBRUARY 21, 2008 00.. ..... -= ~, County SUBJECT: DELEGATION OF AUTHORITY TO PURCHASING AGENT FOR CONTRACTING FOR SPECIAL SERVICES PURSUANT TO GOVERNMENT CODE §31000 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT Ordinance No. 2008-7, as introduced on February 12, 2008, amending the purchasing agent's authority to execute contracts for special services under Government Code section 31000. BACKGROUND: On January 8, 2008, the Board approved in concept the delegation to the Purchasing Agent, upon approval of the County Administrator, the authority to engage independent contractors to perform services for the county or county officers when the aggregate cost does not exceed one hundred thousand dollars ($100,000), and directed the County Counsel to prepare the modifications to the County ordinance code and the County Administrator to issue revised administrative policies and procedures to effect these changes. Government Code section 25502.5 provides that for 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 when the aggregate cost does not exceed one CONTINUED ON ATTACHMENT: ®YES ❑NO SIGNATURI.:: ------------------------------------=------- ----------- - - - --- -- -- ------ ✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND 1 OF 130ARD COMMITTEE _PROVE OTHER SIGNATURE(S): ACTION OF BOA ONI� b APPROVE AS RECOMMENDED�_ OTHER _ VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: b ATTESTED: FEBRUARY,2008 CONTACT: JULIE ENEA (925)335-1077 JOHN CULLEN,CLERK OF THF,130ARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: COUNTY ADMINISTRATOR AUDITOR-CONTROLLER GENERAL SERVICES DIRECTOR/PURCHASING AGENT i. COUNTY COUNSEL BY DEPU"T Delegation of Contracting Authority for Special Services February 21,2008 John Cullen, County Administrator Page 2 hundred thousand dollars ($100,000). County Ordinance Code section 1108-2.215 currently authorizes the Purchasing Agent to enter into service contracts up to the statutory limit of$100,000. However, County policy and practice has limited this authority to aggregate amounts of$25,000 or less. The Purchasing Agents for the counties of Fresno, Monterey, Riverside, Sacramento, San Bernardino, San Joaquin, and San Mateo all have authority to execute contracts up to $100,000. On average, 51% (530 of 1,046 annually)of all contracts referred to the Board of Supervisors for approval are for amounts of$100,000 or less. In addition to a savings in staff effort to prepare these items for Board consideration, approval of these contracts at the administrative level will expedite the processing of the contracts by up to three weeks. The ordinance amendment introduced on February 12,2008 will delegate to the Purchasing Agent, upon approval of the County Administrator,contracting authority of$100,000 or less,as provided in statute. The County Administrator will be charged with reviewing contracts for operational necessity,policy compliance, and budgetary impact, and will ensure that these contracts receive the proper legal review by County Counsel. Upon adoption of the ordinance, the County Administrator will update and disseminate relevant administrative policies to reflect this delegation of authority and responsibility to the County Administrator and Purchasing Agent. ORDINANCE NO..2008- 07 PURCHASING AGENT.- SERVICE CONTRACTS The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance amends the County Ordinance Code to require that all contracts entered into.by the purchasing agent under the delegation of authority from the Board of Supervisors be first reviewed, approved and signed by the county administrator. SECTION II..Section 1108-2.215 of the County Ordinance Code is amended to.read: 1108-2-215. Purchasing Agent- Service Contracts . The purchasing agent is authorized to contract for special services, within the monetary limit specified in Government Code Section 25502.5, on behalf of the county, any county officer or department, or any district of the county, but only to the extent permitted by Government Code Section 31000. This delegation is subject to Article 1108-2.4 and any regulations that the county administrator may promulgate, and is made on the condition that before the purchasing agent is authorized to.execute a contract under this section, the contract must first be reviewed, approved, and signed by the county administrator. (Ords. 2008 -07, 78-58 §1, Gov. Code §§25502.5, 31000.) SECTION III..EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15.days after passage shall be published once with the names of supervisors voting for or against it in the Contra Costa Times, a newspaper published in this County. PASSED on OZl '�.e��o$ , by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla and Glover NOES: None ABSENT: None I ABSTAIN: None ATTEST:.. JOHN CULLEN, ..... Clerk of the Board of Supervisors B and Chair and County Administrator 1 B [SEAL] D uty. S LA:la FL•\Orli nanccs\Pure hasi ngn_entA uthori ty0rd2008.wpd ORDINANCE NO. 2008- 07 1 i Jane Pennington To: cctlegals@cctimes.com i 02/28/2008 11:26 AM cc: Subject: publication request: purchasing agent ordinance Please publish the following legal notice (the text below the line) in the full circulation of the next available edition of the Contra Costa Times, in the legal advertising section Reference: 2140 Thanks Jane Jane Pennington Chief Clerk, Contra Costa Board of Supervisors Ph 925-335-1908 Fax 925-335-1913 ORDINANCE NO. 2008- 07 PURCHASING AGENT - SERVICE CONTRACTS The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SEC'T'ION 1. SUMMARY. This ordinance amends the County Ordinance Code to require that all contracts entered into by the purchasing agent under the delegation of authority from the Board of Supervisors be first reviewed, approved and signed by the county administrator. SECTION 11. Section 1108-2.215 of the County Ordinance Code is amended to read: 1108-2-21.5. Purchasing Agent- Service Contracts The purchasing agent is authorized to contract for special services, within the monetary limit specified in Government Code Section 25502.5, on behalf of the county, any county officer or department, or any district of the county, but only to the extent permitted by Government Code Section 31000. This delegation is subject to Article 1108-2.4 and any regulations that the county administrator may promulgate, and is made on the condition that before the purchasing agent is authorized to execute a contract under this section, the contract must first be reviewed, approved, and signed by the county administrator. (Ords. 2008 -07, 78-58 §l, Gov. Code §525502.5, 31000.) SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the Contra Costa Times, a newspaper published in this County. PASSED on February 26, 2008, by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover NOES: None ABSENT: None ABSTAIN: None ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator; FEDERAL D. GLOVER, Board Chair; By: Jane Pennington, Deputy