Special Notice / Hearing: None
Vote Required: Majority
To: Honorable Board of Supervisors
From: John C. Beiers, County Counsel
Subject: Adopt an Ordinance Amending the San Mateo County Ordinance Code to Update Procurement-Related Provisions for Legal Services Performed by Outside Counsel
RECOMMENDATION:
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Adopt an ordinance amending Section 2.14.040 (Use of Outside Counsel for Legal Services, Advice, or Representation) of Chapter 2.14 (County Counsel) of Title 2 (Administration) of the San Mateo County Ordinance Code to align the ordinance with changes to the Government Code and Administrative Memo B-1, previously introduced on March 23, 2021, and waive the reading of the ordinance in its entirety.
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BACKGROUND:
Section 2.83.010 of Chapter 2.83 establishes that the County's Purchasing Agent is the County Manager, who may delegate his purchasing duties and responsibilities as he deems appropriate. Section 2.83.060 of Chapter 2.83 also provides that the County Manager has "the duty to engage independent contractors to perform services for the County." Consistent with his purchasing duties, the County Manager, through Administrative Memorandum B-1, has established procurement standards for the County's various departments that contract with independent contractors to perform services for the County. This Administrative Memorandum has been revised on several occasions over the years.
Government Code Section 31000 allows the Board of Supervisors to "contract for special services," including legal services, and "by ordinance" the Board of Supervisors may direct the purchasing agent to enter such contracts "within the monetary limit specified in Section 25502.5 of the Government Code." Effective January 1, 2019, Government Code Section 25502.5 was amended to increase that amount from $100,000 to $200,000.
Following this amendment to the Government Code, in 2020 the Board of Supervisors adopted Ordinance No. 4837 and the County Manager u...
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