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Clerk’s Use
Only ___________
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MEETING DATE: |
04/21/20 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
County Executive Office (Approved) |
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Department contact
person(s): |
Michelle Aguirre (714) 834-4304 |
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Adriana Nieto (714) 834-6816 |
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Subject:
Emergency Contracting
Authority
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ceo Concur |
County Counsel Review |
Clerk of the Board |
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Concur |
Approve Resolution to Form |
Discussion |
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3 Votes Board Majority |
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Prior Board Action: 3/26/2020 #1 |
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RECOMMENDED ACTION(S)
Adopt a Resolution to Repeal and Restate Resolution No. 20-023 to increase the County Procurement Officer’s authority to enter, extend, or renew contracts in limited circumstances until the end of the COVID-19 local emergency.
SUMMARY:
Modifying the emergency contracting temporarily increasing the authority of the County Procurement Officer to enter, extend or renew certain contracts will further facilitate the County’s efforts to provide the services and support needed to effectively address the emergency.
BACKGROUND INFORMATION:
On February 26, 2020, pursuant to Health and Safety Code §101080, the County Health Officer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a novel coronavirus (COVID-19) in Orange County (COVID-19 Emergency).
On March 2, 2020, the Board of Supervisors (Board) found the COVID-19 Emergency continued an imminent and proximate threat to public health and adopted Resolution No. 2020-11 ratifying the local health emergency declared by the County Health Officer and thereby extended the emergency for an additional 30 days. At that time, your Board directed all County departments and agencies to take those actions, measures and steps deemed necessary to assure the health, safety and welfare of Orange County citizens and property, including requesting mutual aid to the extent such aid is necessary. On March 4, 2020, the Governor of the State of California declared a State of Emergency to exist in California as a result of the threat of COVID-19. Additionally, on March 22, 2020, the President of the United States approved declaring California a major disaster area.
On March 19, 2020, the Governor of the State of California and the State Public Health Officer issued a “Stay at Home” order, which is still in effect and supersedes the County Public Health Officer Order and, thus, continuation of the emergency.
On March 26, 2020, the Board approved Resolution No. 20-023 increasing the County Procurement Officer’s (CPO) authority until the end of the COVID-19 local emergency as follows:
· To enter or amend contracts for services related to the COVID-19 Emergency without sole source justification where CPO determines that an immediate emergency need exists due to imminent threat of life, health, property or essential public service due to the COVID-19 Emergency. To the extent possible, CPO will comply with existing County purchasing procedures as outlined in County ordinances and the Contract Policy Manual (CPM). The CPO will submit reports to Board offices on a monthly basis regarding the agreements entered into or amended under this specific authority;
· To extend commodity contracts for up to one year so long as: a) the extended contract amount does not exceed the average annual value of the prior years of the contract; and, b) there are no material changes to the terms and conditions of the contract, except for term;
· To extend service contracts for up to one year so long as: a) the extended contract amount does not exceed the average annual value of the prior years of the contract; b) there are no material changes to the terms and conditions of the contract, except for term; and c) the total annual value of the contract does not exceed $200,000;
· To renew service and human services contracts, which have options to renew, for up to one year where the contracts contain the same scope, terms and conditions set forth in the contract for the renewed term as originally approved by the Board. Where the contracts do not specify pricing terms on renewal, the contracts may be renewed without Board approval where their annual average value does not exceed $200,000.
· Temporarily suspend certain sections of the CPM that require approval by the Board for certain sole source contracts that exceed a total annual amount of $75,000 or a two-year consecutive term, regardless of dollar amount, through December 31, 2020.
· Technical recommendations such as placing on the Board’s Consent Calendar extensions or renewals of contracts the CPO cannot approve under his authority and excluding the requirement to place unbudgeted capital asset items approved by the CPO on the Board’s agenda for approval. The Resolution does not rescind any existing authority that CPO has been delegated by the Board through the adoption of the CPM, but temporarily delegates additional authority to facilitate County efforts to procure goods and services during the current emergency.
During implementation of the CPO’s increased authority, additional changes were identified that would further facilitate the County’s efforts to respond to the current emergency. The County Executive Office recommends Board approval of the following:
- Add Human Services contracts to Section 3, which was inadvertently omitted from the original Resolution;
- Remove the Year Four and Five language from Sections 4 and 5 to allow the CPO to approve renewals in Years One through Three, or beyond the fifth year, at the same or lower amount; and
- Placement of commodity contract extensions and all contracts regardless of dollar value on the Consent Calendar (Sections 6 and 11).
This additional authority will terminate at the end of the COVID-19 local emergency similar to Resolution No. 20-023.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A –Draft Resolution Repealing and Restating Resolution No. 20-023 Authorizing Emergency Contracting Authority
Attachment B – Redline of Attachment A
Attachment C – California Health and Safety Code § 101080