County of Sacramento, CA CONTRACTING AUTHORITY OF COUNTY OFFICERS

§ 2.61.010 Purpose.

The nature and breadth of County operations and volume of certain types of transactions make it necessary for the Board of Supervisors to delegate to specified County officers authority to enter into certain types of contracts and take other actions in behalf of and in the name of the County of Sacramento.

The purpose of this chapter is to delegate such authority pursuant to the standards and subject to the laws of the State of California, the provisions of the Sacramento County Charter and the limitations set forth herein.

(SCC 423 § 1, 1980; SCC 1117 § 1, 1998)

§ 2.61.012 General Provisions.

The contracting authority delegated pursuant to this chapter shall be subject to the provisions of Section 71-J of the Sacramento County Charter and any implementing ordinance, resolution or policy.

Notwithstanding the contracting authority delegated pursuant to this chapter, no officer or employee of the County is authorized to execute any contract for the provision of services which the County Charter or State law requires to be provided by County personnel, unless such contract has been approved by the Board of Supervisors.

For purposes of this chapter the term "contract" includes the original contract and/or any amendment thereto.

Contracts approved pursuant to this chapter shall be submitted to the Director of Finance prior to payment of such contract. Further, in addition to such other reports as may be required by law, all officers and employees to whom contracting authority has been delegated pursuant to this chapter shall make semi-annual reports to the Board of Supervisors regarding all contracts so approved in any semi-annual period. For period from January 1st to June 30th of each year, the semi-annual report shall be submitted to the Board of Supervisors not later than July 31st; For the period from July 1st to December 31st of each year, the semi-annual report shall be submitted to the Board of Supervisors not later than January 31st of the following year. Copies of such reports shall also be filed with the Director of Finance. The report shall include the amount of each contract, with whom the contract has been entered, the subject matter of the contract and the term of the contract.

Any officer or employee to whom contracting authority has been delegated pursuant to this chapter shall maintain records, for a period of three years, of the actions taken pursuant to the authority conferred herein. Such records shall be retained centrally so that a compilation can be readily made for the Board upon request.

All contracts executed pursuant to this chapter shall: (1) require the contractor to indemnify the County for any and all damages, claims or liabilities arising out of the contractor's malfeasance or negligence in performance of the identified services unless specifically waived by the County's Risk Manager; and (2) require maintenance of insurance in such amount as determined necessary by the County's Risk Manager.

All contracts executed pursuant to this chapter shall utilize the standard contract form developed and approved by County Counsel. Any deviation from such standard contract form shall be approved by County Counsel.

Any officer or employee to whom contract authority has been delegated pursuant to this chapter, may delegate such authority. No such delegation shall become effective unless and until the County Executive, an Agency Administrator or a Department Director files written notice with the Clerk of the Board of Supervisors and the Director of Finance identifying to whom he or she has delegated such authority by name and job classification. Any such delegation shall remain effective until the County Executive, the Administrator or a Department Director files a written notice with the Clerk of the Board of Supervisors and the Director of Finance changing or rescinding said delegation or until the person to whom such authority has been delegated no longer holds the job classification specified in the delegation.

It is unlawful, for the purpose of evading the requirements of this chapter, to split or separate into smaller units of purchase any purchase covered by this chapter.

All contracts executed pursuant to this chapter shall identify the specific section of this chapter under which such contract is being executed.

(SCC 1117 § 2, 1998; SCC 1188 § 1, 2001; SCC 1606 § 12, 2017; SCC 1730, 1/9/2024)

§ 2.61.013 Auditor's Responsibilities.

The County Auditor-Controller may conduct an annual periodic audit of the method and manner that each Agency or Department has used and administered the contract authority granted in this chapter. This report shall include information to ensure compliance with the provisions of this chapter and other delegated contracting authority. The Auditor-Controller shall report the findings of its audit to the Board of Supervisors.

(SCC 1188 § 2, 2001)

§ 2.61.014 Review of Contracts by County Counsel.

In addition to review by County Counsel of Contracts as defined elsewhere in this chapter, the following contracts require review and approval by County Counsel:

Any contract that requires approval by the Board of Supervisors including, but not limited to, contracts subject to Charter Section 71-J;

Any contract approved in concept or otherwise authorized by the Board of Supervisors, unless the contract is being renewed from the prior fiscal year without change, except as to the amount, and County Counsel has previously reviewed and approved the contract;

Any contract for the provision of services, functions and/or programs not previously provided by, or to, the department requesting the service or managing the program;

Any contract that does not utilize the required standard format developed and approved by County Counsel;

Any contract between the County and another governmental entity, including a City, State, County, Federal government, joint powers agency, school district or university;

Any contract involving an acquisition or grant of an interest in real property, including leases;

Any personal services contract seeking a waiver from the withholding provisions for independent contractors; and

Any contract for goods or services executed after the services have been rendered or goods have been delivered.

(SCC 1188 § 3, 2001; SCC 1606 § 13, 2017)

§ 2.61.015 County Executive.

The County Executive is authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (1) employee training services; and (2) expert analysis, advice or assistance in the planning, design, development, operation, implementation, organization or rendition of County services, programs or projects, or other expert services as required to administer County functions overseen by the County Executive's Office, excluding those of the Elected Officials and those precluded by Section 2.61.012. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the County Executive retains such an expert shall provide for or authorize fees greater than two hundred fifty thousand dollars ($250,000.00).

Certain emergency contracting authority has been delegated to County officials pursuant to Section 2.56.040 (purchasing) and Section 2.61.056 (public works) of this code. During an emergency, in the absence or other unavailability of the officials identified in Section 2.56.040 and Section 2.61.056 to whom such authority has been directly delegated, such authority is hereby delegated to the County Executive subject to the same conditions and restrictions as would otherwise be applicable to the officials to whom such authority is directly delegated. In addition to the reports required pursuant to Section 2.61.012(D) of this code, the County Executive shall make such other reports as required by law when exercising such emergency contracting authority.

Subject to subsection (B) of this section, the County Executive shall not contract for the same services by the same individual or firm as have been contracted for by the Agency Administrators, the Directors included within the respective agencies, the Elected Officials, or the Purchasing Agent.

(SCC 1018 § 1, 1996; SCC 1117 § 3, 1998; SCC 1188 § 4, 2001; SCC 1396 § 1, 2008; SCC 1516 § 1, 2012; SCC 1606 § 14, 2017; SCC 1730, 1/9/2024)

§ 2.61.017 Agency Administrators.

All Administrators of Agencies established pursuant to Article 2 of Chapter 2.09 of Title 2 of this Code are authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (1) employee training services; and (2) expert analysis, advice or assistance in the planning, design, development, operation, implementation, organization or rendition of County services, programs or projects, or other expert services as required to administer functions of their respective agencies. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Agency Administrator retains such an expert shall provide for or authorize fees greater than one hundred fifty thousand dollars ($150,000.00).

Contract authority set forth in other provisions of this chapter for the Community Services Agency Administrator and the Administrative Services Agency Administrator shall be respectively applicable only for those matters falling within the administrative functions of those agencies or departments within those agencies.

No Agency Administrator shall contract for the same services by the same individual or firm as have been contracted for by the County Executive, the Departments included within the respective agencies, or the Purchasing Agent.

(SCC 1117 § 4, 1998; SCC 1347 § 1, 2007; SCC 1396 § 2, 2008; SCC 1606 § 15, 2017; SCC 1678 § 6, 2021; SCC 1730, 1/9/2024)

§ 2.61.018 Chief Fiscal Officer and Chief Operations Officer.

The Chief Fiscal Officer and the Chief Operations Officer are hereby authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (1) employee training services or programs; or (2) expert analysis, advice or assistance in the planning, design, testing, or inspection of County projects or programs, or other expert services as required to administer County functions overseen by the County Executive's Office, excluding those of the Elected Officials and those precluded by Section 2.61.012. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Chief Operations Officer retains such an expert shall provide or authorize fees greater than two hundred thousand dollars ($200,000.00) and by which the Chief Fiscal Officer retains such an expert shall provide or authorize fees greater than one hundred fifty thousand dollars ($150,000.00).

Certain emergency contracting authority has been delegated to County officials pursuant to Section 2.56.040 (purchasing) and Section 2.61.056 (public works) of this code. During an emergency, in the absence or other unavailability of the officials identified in Section 2.56.040 and Section 2.61.056 to whom such authority has been directly delegated and in the absence or other unavailability of the County Executive to whom authority has been delegated pursuant to Section 2.61.015(C) of this code, such authority is hereby delegated to the Chief Operations Officer, subject to the same conditions and restrictions as would otherwise be applicable to the officials to whom such authority is directly delegated. In addition to the reports required pursuant to Section 2.61.012(D) of this code, the Chief Operations Officer shall make such other reports as required by law when exercising such emergency contracting authority.

Neither shall contract for the same services by the same individual or firm as have been contracted for by the other or by the County Executive, the Agency Administrators, the Elected Officials or the Departments included within the respective agencies.

(SCC 1117 § 5, 1998; SCC 1377 § 1, 2007; SCC 1396 § 3, 2008; SCC 1516 § 2, 2012; SCC 1606 § 16, 2017; SCC 1730, 1/9/2024)

§ 2.61.019 Chief Information Officer.

The Chief Information Officer is authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (1) employee training services; and (2) expert analysis, advice or assistance in the planning, design, development, operation, implementation, organization or rendition of County services, programs or projects, or other expert services as required to administer the functions for which the Chief Information Officer is directly responsible. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Chief Information Officer retains such an expert shall provide for or authorize fees greater than seventy-five thousand dollars ($75,000.00).

The Chief Information Officer shall not contract for the same services by the same individual or firm as have been contracted for by the County Executive, the Agency Administrators, or the Purchasing Agent.

The Chief Information Officer is also authorized to enter into contracts and agreements with other agencies to recover costs associated with providing access to County computer applications and information technology services provided by the Department of Technology at the request of County departments.

(SCC 1117 § 6, 1998; SCC 1320 § 1, 2006; SCC 1396 § 4, 2008; SCC 1488 § 5, 2011; SCC 1606 § 17, 2017; SCC 1730, 1/9/2024)

§ 2.61.020 Acquisition of Interests in Real Property.

The Administrator of the Administrative Services Agency and the Administrator's designees are hereby authorized, on behalf of, and in the name of, the County of Sacramento, to acquire by negotiated purchase or through settlement of eminent domain proceedings commenced by the Board of Supervisors, interests in real property for any agency or department of the County, and to take relocation assistance actions related thereto, subject to the following limitations:

The Administrator of the Agency and the Administrator's designees shall be authorized to acquire such interests by contract, stipulated judgment or other appropriate instrument.

The Administrator of the Agency and the Administrator's designees shall be authorized to acquire any interest in real property the total cost of which does not exceed $25,000; provided that the Administrator and the Administrator's designees shall be authorized to contract for any improvement to property remaining in private ownership pursuant to a negotiated purchase or settlement or necessary as a result of emergency, in order to reduce or eliminate severance or other damages, the cost of which when combined with all other expenditures authorized by the Administrator and the Administrator's designees in connection with the interest acquired, does not exceed $25,000.

Notwithstanding the provisions of subsection (B) hereof, the Administrator and the Administrator's designees shall not be empowered to enter into any lease of real property for use by the County if the firm lease term is longer than three years and rental payments are in excess of $2,500 per month.

Notwithstanding any other subdivision of this section, the Administrator of the Agency and the Administrator's designees shall be empowered to acquire interests in real property for the uses and purposes of County highways the total cost of which does not exceed $50,000.

In exercising their discretion with respect to the amount to be paid for interests in real property, the Administrator of the Agency and the Administrator's designees shall be guided by the standard of fair market value as determined by real property appraisers and by the advice of the County Counsel with respect to the expense and risks of eminent domain or other litigation.

(SCC 423 § 1, 1980; SCC 0944 § 3, 1993; SCC 1014 § 1, 1995; SCC 1117 § 7, 1998; SCC 1396 § 5, 2008; SCC 1606 § 18, 2017)

§ 2.61.021 Conveyance of Surplus Property; Delegation and Approval.

Where the Board of Supervisors determines that any real property or interest therein belonging to the County is no longer necessary for County, or other public purposes, the same may be sold, exchanged, quitclaimed or conveyed upon the terms and conditions approved by the Board of Supervisors without compliance with the formal bidding procedures otherwise required by the Government Code of the State of California; provided (a) notice is given as herein set forth, and provided further that (b) its estimated value does not exceed $10,000. For the purposes of this section notice shall be given by posting the same in the office of the Clerk of the Board of Supervisors for five working days prior to effecting the transfer. The content of the notice shall (1) describe the real property proposed to be transferred, (2) the terms of the transfer, (3) the location where the transfer will be executed, and (4) the identity of any County official authorized to execute the transfer. The Administrator of the Administrative Services Agency or his or her designees may execute on behalf of the County all transfers that are subject to the provisions of this section. All transfers shall be in writing and shall be approved as to legal form by the County Counsel.

(SCC 1074 § 1, 1997; SCC 1117 § 8, 1998; SCC 1396 § 6, 2008; SCC 1606 § 19, 2017)

§ 2.61.022 Alternative Procedure for Sale of County Property.

As an alternative to the procedure required by Government Code sections 25526 to 25535, inclusive, with respect to the manner in which and the location at which, any real property belonging to the County may be sold, the sale may be conducted by the Administrator of the Administrative Services Agency or his or her designees in an office of the County open to the public or on the property site. The provisions of the Government Code concerning the following shall be applicable to such alternative procedure: (1) a resolution of intention shall be adopted; (2) the giving of notice of the adoption of the resolution and the time and place of sale; (3) the examination of the proposals and the acceptance of the highest bid; (4) the procedure for calling for oral bids; and (5) the acceptance or rejection of bids. Final acceptance of a bid by the person conducting the sale shall be subject to the approval of the Board of Supervisors by resolution authorizing and directing the execution of the deed as provided in Government Code section 25535. All transfers shall be in writing and shall be approved as to legal form by the County Counsel.

(SCC 1074 § 2, 1997; SCC 1117 § 9, 1998; SCC 1396 § 7, 2008; SCC 1606 § 20, 2017)

§ 2.61.030 Retention of Real Estate Experts.

The Administrator of the Administrative Services Agency or his or her designees are hereby authorized, on behalf of, and in the name of, the County of Sacramento, to retain appraisers and other real estate experts at negotiated usual and customary fees for the provision of real estate advice and services for a total cost per contract which does not exceed $50,000.

(SCC 423 § 1, 1980; SCC 0944 § 4, 1993; SCC 1014 § 2, 1995; SCC 1117 § 10, 1998; SCC 1396 § 8, 2008; SCC 1606 § 21, 2017)

§ 2.61.040 Relocation Assistance.

The Administrator of the Administrative Services Agency and his or her designees are hereby authorized, on behalf of, and in the name of, the County of Sacramento, to compensate eligible parties for moving costs, business or farm relocation expenses, or other relocation assistance entitlements necessary under applicable statutes, in connection with acquisition of interests in real property, provided the combined costs of such relocation assistance items for a single residential or business relocation do not exceed $50,000.

(SCC 423 § 1, 1980; SCC 0944 § 5, 1993; SCC 1014 § 3, 1995; SCC 1117 § 11, 1998; SCC 1396 § 9, 2008; SCC 1606 § 22, 2017)

§ 2.61.050 Building Service Contracts.

The Administrators of the Community Services and Administrative Services Agencies and their designees are hereby authorized, on behalf of, and in the name of, the County of Sacramento, to engage independent contractors for the purpose of providing real estate maintenance responsibility, including janitorial, repair, remodeling, landscape services, and similar related services. Any such contract shall provide that the total cost does not exceed $50,000 and monthly service contracts shall be cancelable at the discretion of the County.

(SCC 423 § 1, 1980; SCC 0944 § 6, 1993; SCC 1014 § 4, 1995; SCC 1117 § 12, 1998; SCC 1347 § 2, 2007; SCC 1396 § 10, 2008; SCC 1606 § 23, 2017; SCC 1678 § 7, 2021)

§ 2.61.051 Cooperative Reimbursement Agreements.

The Administrators of the Community Services and Administrative Services Agencies and the Administrators' designees are hereby authorized, on behalf of, and in the name of, the County of Sacramento, to negotiate and execute cost reimbursement agreements for public facilities with developers, contractors, or consulting engineers, subject to the following limitations:

The subject matter of said cooperative reimbursement agreements shall be work covered by and performed in accordance with Section 4 (Streets) of the Improvements Standards of the County of Sacramento, as presently existing and as revised from time to time by resolution of the Board of Supervisors;

The work covered by said cooperative reimbursement agreements shall be work for which the County has responsibility for cost participating pursuant to the said Section 4 concerning cost participation by the County of Sacramento;

Funds for the subject expenditure have been appropriated in the current County budget; and

Individual cooperative reimbursement agreements shall not exceed $50,000.

(SCC 523 § 1, 1982; SCC 0944 § 7, 1993; SCC 1117 § 13, 1998; SCC 1396 § 11, 2008; SCC 1606 § 24, 2017; SCC 1678 § 7, 2021)

§ 2.61.052 Agreements for Reimbursement for Supplemental Capacity.

The Administrators of the Community Services and Administrative Services Agencies and the Administrators' designees are hereby authorized, on behalf of, and in the name of, the County of Sacramento, to negotiate and execute agreements for supplemental capacity in improvements in accordance with Sections 66485 through 66489, both inclusive, of the Government Code and providing for reimbursement as provided in such sections.

Agreements executed pursuant to the authority conferred by this section shall be in accordance with policies adopted by the Board and shall not individually require reimbursable County contribution in excess of $50,000.

(SCC 523 § 2, 1982; SCC 0944 § 8, 1993; SCC 1117 § 14, 1998; SCC 1396 § 12, 2008; SCC 1606 § 25, 2017; SCC 1678 § 7, 2021)

§ 2.61.053 Small Highway Projects.

The Administrator of the Community Services Agency and the Administrator's designees are hereby authorized, on behalf of, and in the name of, the County of Sacramento, to negotiate and contract for small projects for any work to be done upon any County highway in accordance with the provisions of Section 20394 of the Public Contract Code.

Agreements executed pursuant to the authority conferred by this section shall not individually exceed the statutory limit of Public Contract Code section 20394.

(SCC 523 § 3, 1982; SCC 714 § 1, 1988; SCC 0944 § 9, 1993; SCC 1117 § 15, 1998; SCC 1396 § 13, 2008; SCC 1606 § 26, 2017; SCC 1678 § 7, 2021)

§ 2.61.054 Small Bridge Projects.

The Administrator of the Community Services Agency and the Administrator's designees are hereby authorized, on behalf of, and in the name of, the County of Sacramento, to negotiate and contract for the construction, maintenance, and repair of County bridges in accordance with the provisions of Section 1331 of the Streets and Highways Code and Section 20409 of the Public Contract Code.

Agreements executed pursuant to the authority conferred by this section shall not individually exceed the statutory limit of Public Contract Code Section 20394.

(SCC 523 § 4, 1982; SCC 714 § 2, 1988; SCC 0944 § 10, 1993; SCC 1117 § 16, 1998; SCC 1396 § 14, 2008; SCC 1606 § 27, 2017; SCC 1678 § 7, 2021)

§ 2.61.055 Highway and Bridge Projects.

The Administrator of the Community Services Agency and the Administrator's designees hereby authorized, on behalf of, and in the name of, the County of Sacramento, to contract for work to be done upon any County highway or bridge, upon notice describing the work in general terms and stating a closing date for submission of bids, in accordance with the provisions of Public Contract Code section 20394.5. The faithful performance, labor, and material bonds shall be 100% of the contract amount, unless the Administrator of the Community Services Agency or designee within the Agency determines that a lesser amount is sufficient for a specific project; or, that bonding is not compatible with a specific project.

Agreements executed pursuant to the authority conferred by this section shall not individually exceed the statutory limit of Public Contract Code Section 20394.5.

(SCC 714 § 3, 1988; SCC 0944 § 11, 1993; SCC 1117 § 17, 1998; SCC 1396 § 15, 2008; SCC 1606 § 28, 2017; SCC 1678 § 7, 2021)

§ 2.61.056 Emergency Contracts.

The Administrators of the Community Services and Administrative Services Agencies, and the Administrators' designees are hereby authorized, on behalf of, and in the name of, the County of Sacramento, to negotiate and contract for necessary equipment, materials and services without advertising for bids when public interest and necessity demand immediate action, repair or replacement to safeguard life, health, or property, to permit the continued conduct of County operations or services, and to mitigate further damage, in accordance with the provisions of Public Contract Code Sections 20134, 20395(e), and 20407.

Agreements executed pursuant to the authority conferred by this section shall not exceed individually $100,000.

Upon award of any contract authorized by this section, the officer shall present a report to the Board, at the next available meeting of the Board, describing the emergency, the actions taken, and the number and amount of contracts let. In those emergency circumstances where the potential cost may exceed the limit established by this section, the Administrators or the Administrators' designee immediately retain a contractor for initiation of the necessary emergency services and, at the next available Board meeting, shall present a report as outlined above and include the additional remedial actions that have been identified, and the currently estimated cost. The Board may contract for the additional emergency services or authorize the Administrator or designee to negotiate and execute an amendment to the original contracts or let additional contracts within limits then established by the Board.

(SCC 714 § 4, 1988; SCC 0944 § 12, 1993; SCC 1117 § 18, 1998; SCC 1347 § 3, 2007; SCC 1396 § 16, 2008; SCC 1606 § 29, 2017; SCC 1678 § 7, 2021)

§ 2.61.057 Changes in Construction Contracts.

The County Executive Officer, Assistant County Executive, Deputy County Executives for Community Services and Administrative Services and their designees are hereby authorized, on behalf of, and in the name of, the County of Sacramento, to order changes, alterations, or additions of work being performed under construction contracts, and execute and authorize payment of such change orders in accordance with the provisions of the Public Contract Code Section 20142.

Change Orders issued and executed pursuant to this authority conferred by this Section shall be in accordance with the monetary limits stated in the Public Contract Code Section 20142.

Notwithstanding subsections A and B of this section, the Director of Airports may be authorized on behalf of, and in the name of the County of Sacramento, to order changes, alterations, or additions of work being performed under construction contracts for improvements to capital facilities of the Airport System and to execute and authorize payment of such change orders by the terms of any contract which specifically provides for such authority and payment in accordance with Public Contract Code Section 20139. No changes, alterations or additions to the work shall be approved by the Director unless they have been reviewed and approved as to conformance with technical standards by the County Engineer or designee.

(SCC 0944 § 13, 1993; SCC 1117 § 19, 1998; SCC 1251 § 1, 2003; SCC 1347 § 4, 2007; SCC 1389 § 1, 2008; SCC 1396 § 17, 2008; SCC 1402 § 1, 2008; SCC 1597 § 1, 2016; SCC 1606 § 30, 2017; SCC 1678 § 7, 2021)

§ 2.61.058 Informally Bid Construction Contracts.

The Deputy County Executives for Community Services and Administrative Services, the Directors of the Departments of General Services, Transportation, Waste Management and Recycling, and Water Resources and their designees are each authorized to award contracts for public projects or maintenance work as defined by Public Contract Code Section 22002, the total cost of which does not exceed the monetary limits specified in Public Contract Code Section 22032 as adjusted by the State Controller from time to time.

(SCC 1152 § 1, 1999; SCC 1179 § 1, 2000; SCC 1347 § 5, 2007; SCC 1396 § 18, 2008; SCC 1558 § 1, 2014; SCC 1606 § 31, 2017; SCC 1678 § 7, 2021)

§ 2.61.059 Award of Construction Contracts in Excess of $100,000 and Less Than $5,000,000.

The Administrators of the Community Services and Administrative Services Agencies or their designees are authorized to award contracts for the construction or maintenance of public projects in excess of $100,000 and less than $5,000,000, the plans and specifications for which have been approved by the Board of Supervisors, upon the following conditions:

Bids for the work are received and the lowest responsible bid is equal to or less than the engineer's public estimate of the project cost;

No bid protest is received during the applicable protest period;

No third party protest to the award is received; and

For those contracts to which Federal disadvantaged business enterprise (DBE) requirements are applicable, the lowest responsible bidder has met all required DBE participation levels.

After bids are received and within the time period available for bid protests, written notice of intent to award a contract pursuant to this section shall be provided to the Clerk of the Board of Supervisors who shall include such notice as communication received on the next available public agenda for the Board of Supervisors.

If all bids received are above the engineer's public estimate of the project cost, the Administrators of the Community Services and Administrative Services Agencies, or their designees, are authorized to reject all bids and re-advertise the construction or maintenance project with (revised) plans and specifications substantially similar to the plans and specifications originally approved by the Board of Supervisors, and does not exceed 10% of the engineer's original estimate of the project cost, or $500,000, whichever is greater. Written notice of intent to re-bid a contract pursuant to this section shall be provided to the Clerk of the Board of Supervisors who shall include such notice as communication received on the next available public agenda for the Board of Supervisors.

(SCC 1276 § 1, 2004; SCC 1300 § 1, 2005; SCC 1347 § 6, 2007; SCC 1396 § 19, 2008; SCC 1404 § 1, 2008; SCC 1606 § 32, 2017; SCC 1619 § 1, 2018; SCC 1678 § 7, 2021)

§ 2.61.060 Sub-Delegation.

The Administrators of the Community Services and Administrative Services Agencies, or the Administrators' designees, may delegate the authority conferred by Sections 2.61.020, 2.61.021, 2.61.022, 2.61.030, 2.61.040, and 2.61.050 of this chapter to a subordinate within the Agencies or Departments who is charged with the responsibility for acquiring real estate for the County.

The Administrators of the Community Services and Administrative Services Agencies, or the Administrators' designees may delegate the authority conferred by Sections 2.61.051, 2.61.052, 2.61.053, 2.61.054, and 2.61.055 of this chapter to a subordinate within a Department of the Agency who is charged with the responsibility for the planning, design, construction, repair, and maintenance of the subject facilities.

(SCC 423 § 1, 1980; SCC 523 § 5, 1982; SCC 714 § 5, 1988; SCC 0944 § 14, 1993; SCC 1117 § 20, 1998; SCC 1347 § 7, 2007; SCC 1396 § 20, 2008; SCC 1606 § 33, 2017; SCC 1678 § 7, 2021)

§ 2.61.070 Retention of Experts and Consultants on Public Works.

The Administrators of the Community Services and Administrative Services Agencies, and the Administrators' designees are hereby authorized, on behalf of, and in the name of, the County of Sacramento, to retain firms or individuals to provide expert advice or assistance in the planning, design, construction, testing, or inspection of public works projects or other consulting services including, but not limited to, engineering, architectural, financial, economic, insurance, personnel, staffing, investigative, and training as required to administer public works functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Administrators retain such an expert shall provide for or authorize fees greater than $250,000 and no contract by which a designee retains such an expert shall provide for or authorize fees greater than $100,000.

(SCC 423 § 1, 1980; SCC 0944 § 15, 1993; SCC 1117 § 21, 1998; SCC 1276 § 2, 2004; SCC 1300 § 1, 2005; SCC 1347 § 8, 2007; SCC 1396 § 21, 2008; SCC 1606 § 34, 2017; SCC 1678 § 7, 2021)

§ 2.61.080 Approval of Open Enrollments.

For the purpose of implementing and maintaining adequate provider enrollments to provide various services, the Directors of the Departments of Health Services, Child, Family and Adult Services, and Human Assistance are hereby authorized, on behalf of, and in the name of, the County of Sacramento, to approve open enrollment of providers for the delivery of social services, medical services, pharmacy services, mental health services, child protection and family preservation services, adult protection services and other such services as will support those programs and functions administered and/or operated by the Departments of Health Services, Child, Family and Adult Services, and Human Assistance so long as the Board of Supervisors has first authorized, by annual resolution, that such services be provided for those programs and functions through an open enrollment procedure.

All such providers as apply and, in the opinion of the Directors of the Departments of Health Services, Child, Family and Adult Services, and/or Human Assistance, are qualified shall be enrolled; however, the Directors of the Departments of Health Services, Child, Family and Adult Services, and/or Human Assistance may limit the price and location of the providers enrolled, subject to the standards set forth in subsection C of this section.

Such provider service enrollments shall provide for unit rates and/or other charges at or below those which are usual or customary, and utilization shall be pre-authorized and monitored by the Directors of the Departments of Health Services, Child, Family and Adult Services, or Human Assistance. All referrals shall be made on a nonpreferential basis except as to price and location for patient convenience.

(SCC 460 § 1, 1981; SCC 0869 § 8, 1992; SCC 0994 § 3, 1995; SCC 1117 § 22, 1998; SCC 1117 § 23, 1998; SCC 1204 § 8, 2001; SCC 1235 § 6, 2002; SCC 1408 § 8, 2009; SCC 1452 § 6, 2010; SCC 1606 § 35, 2017; SCC 1618 § 14, 2018; SCC 1678 § 7, 2021)

§ 2.61.090 Revenue Applications, Plans and/or Agreements.

The County Executive, County Counsel, Assistant County Executive, Agency Administrators, and Director of Airports and their designees are hereby authorized, on behalf of, and in the name of, the County of Sacramento, to execute contracts (including retroactive contracts), and any preliminary documents necessary for the execution of said contracts, for the receipt of revenues by the County, provided that the Board of Supervisors has previously authorized the programs or projects for which such revenues are intended. Such programs or projects may be authorized by the Board of Supervisors: (1) by approving such program or project in the budget of the department for the current fiscal year; or (2) through an agenda item brought before the Board for independent consideration.

Notwithstanding the provisions of subsection A of this section, the officers enumerated within that subsection, or their designees, are not authorized to execute any contract (including retroactive contracts) for the receipt of revenues if such contract: (1) provides revenues for the creation of new county positions for the performance of the contract, unless those new positions have been authorized by official action of the Board of Supervisors; (2) attaches substantive terms and conditions affecting projects or programs other than those for which the revenues are being received, unless first authorized by official action of the Board of Supervisors; (3) requires the expenditure of funds in addition to the revenues to be received; or (4) contains an indemnity provision in a form that has not previously been approved by either the County Risk Manager or County Counsel.

The County Executive, Agency Administrators, Chief Fiscal Officer, Assistant County Executive, and Department Directors are hereby authorized, on behalf of, and in the name of, the County of Sacramento, to execute contracts (including retroactive contracts), and any preliminary documents necessary for the execution of said contracts (Grants), for the receipt of revenue by the County, provided that (1) the amount of revenue received does not exceed $250,000 for the County Executive, $200,000 for the Chief Fiscal Officer and Assistant County Executive, $150,000 for Agency Administrators, and $50,000 for Department Directors; and (2) the revenue contract does not require additional resources (matching) in an amount exceeding the revenue to be received, which will include additional positions and or vehicles. All such revenue contracts shall be reported to the Board of Supervisors semiannually pursuant to Section 2.61.012.

(SCC 541 § 1, 1983; SCC 0741 § 1, 1988; SCC 0869 § 8, 1992; SCC 0994 § 3, 1995; SCC 1117 § 24, 1998; SCC 1204 § 9, 2001; SCC 1235 § 7, 2002; SCC 1396 § 22, 2008; SCC 1516 § 3, 2012; SCC 1606 § 36, 2017; SCC 1678 § 7, 2021; SCC 1715 § 1, 2023; SCC 1730, 1/9/2024)

§ 2.61.100 Service Delivery, Consultant and Training Contracts for the Departments of Health Services, Child, Family and Adult Services, Human Assistance, and Homeless Services and Housing.

The Directors of the Departments of Health Services, Child, Family and Adult Services, Human Assistance, and Homeless Services and Housing are hereby authorized, on behalf of, and in the name of, the County, to enter into contracts:

For delivery to the County or members of the general public or subclasses thereof, diagnostic, therapeutic, treatment, training, nutritional, hygienic, laboratory and other related services within the fields of public health, mental health services, social services, public assistance, employment and training services, veterans services, homeless services, housing services, senior programs, child development centers, and brief services if: (i) the Board of Supervisors has approved the provision of such services and has authorized funds therefor as evidenced in the current approved budget for the respective Department or subsequent amendments to it; and (ii) the contractor is: (A) a legal entity with which the County has contracted in the preceding fiscal year if payments to that contractor were reported to the Board of Supervisors pursuant to Section 2.61.150(B), and that contractor will receive either a similar or annualized amount for the current fiscal year; or (B) a legal entity identified by name and contractual amount in the final budget approved by the Board of Supervisors for the fiscal year in which the contractual services are to be rendered; or (C) a health professional or other individual or entity whose compensation is paid on an hourly basis in amounts which do not exceed either usual and customary rates in Sacramento County. No contract by which a Director retains such services shall provide for or authorize a contract maximum greater than $50,000.

For the provision of such services authorized by the Board of Supervisors by resolution or minute order specifying any payment limitation therefor, following approval of the County's final budget in any given fiscal year.

For the provision of: (a) employee training services; or (b) consultant services to provide expert analysis, advice or assistance pertaining to the administration, operation, implementation, organization or rendition of services or programs otherwise provided by these Departments. Experts or consultants retained pursuant to this section shall be retained at or below negotiated usual and customary fees. No contract by which a Director retains such an expert shall provide for or authorize a contract maximum greater than $50,000.

Any contract executed by the Directors of the Departments of Health Services, Child, Family and Adult Services, Human Assistance, and Homeless Services and Housing pursuant to this section shall contain a provision which authorizes adjustment of the contract amount, or termination of services, in the event that the funding therefor is increased, decreased or eliminated in the County's final budget for the fiscal year in which the contractual services are to be rendered. The Directors of the Departments of Health Services, Child, Family and Adult Services, Human Assistance, and Homeless Services and Housing are authorized to execute amendments to any contract executed pursuant to this section to reflect the increase, decrease or elimination of the funding consistent with the County's approved final budget.

The Directors of the Departments of Health Services, Child, Family and Adult Services, Human Assistance, and Homeless Services and Housing are authorized to execute amendments to increase the amount of contracts they have executed pursuant to this section, provided that: (1) an increase in the contract amount resulting from said amendment does not exceed 10% of the maximum amount of the original contract, or $20,000, whichever is less; and (2) funding for the increased contract obligation is available within the Department's allocated budget for that fiscal year.

The Directors of these departments are not authorized to enter into multiple contracts for the same services by the same individual or firm in an effort to avoid monetary limits established by this section.

(SCC 541 § 2, 1983; SCC 0741 § 2, 1988; SCC 0869 § 8, 1992; SCC 0891 § 1, 1992; SCC 0994 § 3, 1995; SCC 1117 § 25, 1998; SCC 1188 § 5, 2001; SCC 1204 § 10, 2001; SCC 1235 § 8, 2002; SCC 1408 § 9, 2009; SCC 1452 § 7, 2010; SCC 1606 § 37, 2017; SCC 1618 § 15, 2018; SCC 1684 § 1, 2021; SCC 1712 § 3, 2022)

§ 2.61.101 Correctional Health Services.

Notwithstanding any other provision of this chapter, claims from the Director of the Department of Health Services for medical services shall be presented to the County Auditor for payment. Payment of such claims when there is no written contract for such medical services shall be made by the Auditor only if all of the following circumstances exist:

The Director of the Department of Health Services provides an invoice for such services;

The invoice relates to medical services that have been provided to an individual for whom an Intent to Incarcerate form has been completed;

The medical services do not exceed the amount of $2,500;

The completed Intent to Incarcerate form is attached to the invoice submitted to the County Auditor with a memorandum from the Department of Health Services stating that the Intent to Incarcerate form is complete and accurate.

Absent the information, the Auditor shall not pay a claim for medical services.

Nothing in this section shall be deemed as permitting the expenditure of funds not appropriated by the Board of Supervisors.

(SCC 1245 § 1, 2003; SCC 1606 § 38, 2017; SCC 1618 § 16, 2018)

§ 2.61.105 Term and Authority.

All contracts executed by the Directors of the Departments of Health Services, Child, Family and Adult Services, Human Assistance, and Homeless Services and Housing pursuant to Section 2.61.100 of this chapter, except revenue contracts executed by the Directors pursuant to Section 2.61.100, shall be for a term not to exceed 12 consecutive months and shall be terminable at any time by the County upon 30 days' advance notice.

All contracts executed by the Directors of the Departments of Health Services, Child, Family and Adult Services, Human Assistance, and Homeless Services and Housing pursuant to Section 2.61.100 of this chapter shall also contain a provision indicating the authority under which the Directors of the Departments of Health Services, Child, Family and Adult Services, Human Assistance, and Homeless Services and Housing are executing such contracts on behalf of the County, and shall cite the authorizing resolution, minute order or approved budget item required hereunder.

(SCC 541 § 3, 1983; SCC 0741 § 3, 1988; SCC 0869 § 8, 1992; SCC 0994 § 3, 1995; SCC 1117 § 26, 1998; SCC 1188 § 6, 2001; SCC 1204 § 11, 2001; SCC 1235 § 9, 2002; SCC 1408 § 10, 2009; SCC 1452 § 8, 2010; SCC 1606 § 39, 2017; SCC 1618 § 17, 2018; SCC 1712 § 4, 2022)

§ 2.61.110 Regional Parks.

The Director of Regional Parks is authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (1) employee training services; and (2) expert analysis, advice or assistance in the planning, design, development, operation, implementation, organization or rendition of County services, programs or projects, or other expert services as required to administer the functions of the Department. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide for or authorize fees greater than $50,000.

The Director of Regional Parks is also hereby authorized, on behalf and in the name of the County of Sacramento, to execute concession agreements in an amount not to exceed $5,000 and contracts for recreation planning program development in an amount not to exceed $10,000; provided, however, that the term of such contracts shall not exceed one year.

The Director of Regional Parks is also hereby authorized, on behalf and in the name of the County of Sacramento, to execute revenue contracts with park and community service districts for park planning and design services in an amount not to exceed $20,000; provided, however, that the term of such contracts shall not exceed one year.

(SCC 1117 § 28, 1998; SCC 1277 § 1, 2004; SCC 1606 § 40, 2017)

§ 2.61.120 Special Recreational Service Contracts.

The Director of the Department of Regional Parks is hereby authorized, on behalf of, and in the name of, the County of Sacramento, to contract with individuals or organizations for the purpose of planning, organizing, carrying out and working in recreational programs including, but not limited to, classes, athletic clinics and tournaments, crafts and craft exhibits, subject to the standards and guidelines herein contained.

The individuals or organizations entering into such contracts shall have a nonexclusive right of operation.

The service, activity or program which is the subject matter of such contract shall be performed or conducted within the boundaries of Sacramento County.

The amount paid for services under the contract shall comply with all of the following standards:

The total amount paid for all of the service contracts shall be limited to the amount budgeted by the Board of Supervisors for that use; and

The rate of compensation under each individual contract shall not exceed the rate which prevails in the community for comparable services; and

When compensation is determined by a percentage of the revenue or fees collected, the compensation shall not exceed 75% of the revenue or fees collected; and

In any event, compensation shall not exceed $1,000 in any one calendar month.

The contract shall not exceed 12 months in term, and may be terminated by either party upon thirty days written notice.

The Director shall, prior to entering into a contract, investigate the individual or organization offering to provide such services or activities to determine their qualifications, competence, capability and business or professional integrity in relation to the service, activity or program.

Specific program objectives, content and methodology shall be submitted in writing to the Director prior to contract approval.

(SCC 584 § 1, 1984; SCC 1117 § 29, 1998; SCC 1331 § 3, 2006; SCC 1606 § 41, 2017)

§ 2.61.130 Special Use Activity Permit.

The Director of the Department of Regional Parks is hereby authorized, on behalf of, and in the name of, the County of Sacramento, to issue a special use activity permit to any person who so requests it, subject, however, to space availability and compatibility of the activity intended and public recreation use. Such permits shall entitle its holder to a temporary exclusive right to occupy, use, or conduct recreational activities on County park property for the period of time designated thereon, but in no event to exceed seven days. The permit holder and persons for whose benefit the permit is issued shall pay those fees established by resolution or ordinance for such uses or activities.

(SCC 584 § 1, 1984; SCC 1117 § 27; 1998; SCC 1117 § 30, 1998; SCC 1606 § 42, 2017)

§ 2.61.140 Residential Caretaker Leases.

Pursuant to Government Code Section 25537, the Director of Regional Parks is hereby authorized, on behalf of, and in the name of, the County of Sacramento to lease without charge residential sites on or in County parks to individuals who in consideration for the lease agree to perform temporary and incidental caretaker services on the park sites.

Leases entered into under this section shall not exceed a rental value of $1,000 per month or a term of five years.

The lessee shall perform services required under the terms of the lease herein authorized not to exceed 80 hours in any calendar month in exchange for the monthly rental.

(SCC 584 § 1, 1984; SCC 1117 § 27, 1998; SCC 1117 § 31, 1998; SCC 1606 § 43, 2017)

§ 2.61.150 Emergency Shelter Care Contracts.

The Director of the Department of Human Assistance is hereby authorized, on behalf of, and in the name of, the County of Sacramento, to contract with individuals or organizations for the purpose of establishing and providing emergency shelter care and services for children and adults provided that:

The services, activities or programs which are the subject matter of such contracts are to be performed or conducted within the boundaries of Sacramento County;

The total amount paid for all of these shelter contracts is limited to the amount budgeted in the current fiscal year by the Board of Supervisors for that use;

The contract does not exceed 12 months in term and may be terminated by either party upon 30 days' written notice;

The Director has, prior to entering into a contract, investigated the individual or organization offering to provide such services to determine their qualifications, competency, capabilities and business and professional integrity in relation to the services, activities, or programs.

(SCC 675 § 1, 1987; SCC 0869 § 10, 1992; SCC 0891 § 1, 1992; SCC 0994 § 4, 1995; SCC 1117 § 32, 1998; SCC 1606 § 44, 2017)

§ 2.61.160 Airport.

The Director of Airports is authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide (1) employee training services; and (2) expert analysis, advice or assistance in the planning, design, development, operation, implementation, organization or rendition of County services, programs or projects, or other expert services as required to administer the functions of the Department; provided, however, that such authority shall not extend to agreements for engineering and architect services. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide for or authorize fees greater than $75,000.

(SCC 1117 § 34, 1998; SCC 1396 § 23, 2008)

§ 2.61.170 Retention of Appraisers for Airport Property.

The Director of the Department of Airports is hereby authorized, on behalf of, and in the name of, the County of Sacramento, to retain real property appraisers and other experts, excluding engineers and architects, at negotiated usual and customary fees for the provision of valuation advice with respect to establishing rents for real property at the airport or to arbitrate or to present expert testimony during trial proceedings as to the rent for such property. No such contract by which the Director retains such an expert shall provide for or authorize fees greater $50,000.

(SCC 0765 § 1, 1989; SCC 1117 § 35, 1998)

§ 2.61.180 Airport Agreements for Mutual Aid in Fire Protection.

The Director of the Department of Airports is hereby authorized, on behalf of, and in the name of, the County of Sacramento, to enter into agreements for mutual aid in fire protection with other public entities having firefighting equipment and personnel. All such agreements shall be subject to termination upon reasonable notice, with such required notice not exceeding 30 days.

(SCC 0776 § 1, 1989; SCC 1117 § 36, 1998)

§ 2.61.190 Personnel Services.

The Director of Personnel Services is authorized on behalf of, and in the name of, the County of Sacramento, to contract, in an amount not to exceed fifty thousand dollars ($50,000.00), to retain firms or individuals to provide employee training services or expert analysis, advice or assistance in the planning, design, development, operation, implementation, organization, or rendition of services as required to administer functions of the Department. Such services shall be retained at or below negotiated usual and customary fees.

(SCC 0864 § 1, 1992; SCC 0891 § 3, 1992; SCC 1117 § 33, 1998; SCC 1117 § 37, 1998; SCC 1166 § 1, 2000; SCC 1325 § 8, 2006; SCC 1730, 1/9/2024)

§ 2.61.200 Department of Probation.

The Chief of the Sacramento County Probation Department is hereby authorized, on behalf of, and in the name of, the County of Sacramento, to contract, in an amount not to exceed $50,000, for employee training services or programs administered by the County Probation Department and expert analysis, advice or assistance in the planning, design, development, operation, implementation, organization or rendition of services as required to administer functions of the Department. Such services shall be retained at or below negotiated usual and customary fees.

(SCC 1088 § 1, 1997; SCC 1117 § 38, 1998; SCC 1323 § 1, 2006)

§ 2.61.210 Purpose of Section 2.61.220.

Under procedures set forth in Penal Code Section 1268, et seq., a criminal defendant may apply to the court for release from custody on bail. Bail may be by bond, cash, or the equity in real property pursuant to Penal Code Section 1295, et seq.; and it has, for some time, been the practice of the Municipal Court and the Superior Court of the County of Sacramento to accept a Promissory Note secured by a Deed of Trust in favor of Sacramento County as Beneficiary as bail, with the County Clerk named as Trustee.

When bail is exonerated, the County of Sacramento no longer has an interest in the obligations under the Promissory Notes and the properties of Trustors (Owners); and, the County is therefore required by law to request that the County Clerk as Trustee execute a reconveyance to the Trustors (Owners). The Court Clerk maintains the records of the Municipal and Superior Courts, and in bail matters such records include: the specific parcels of real property used for bail, the Promissory Notes and Deeds of Trust filed in each specific criminal case to secure bail, and the court orders indicating when bail is granted and exonerated by the courts.

It is a fairly routine and ministerial occurrence for the Court Clerk to notify the Board and the County Clerk of the fact of the exoneration of bail when ordered by the court and thus of the necessity of the County Clerk as Trustee to reconvey the County's interest upon request of the Board. Such reconveyances therefor do not require the considered and thoughtful judgment and deliberation of the Board as is required in other matters that come before the Board.

It is therefore the finding of this Board of Supervisors that the process of reconveyance could be more timely accomplished if the Board were to request generally that the County Clerk execute a Deed of Reconveyance based upon the Court Clerk's notice to the County Clerk that bail has been exonerated by the court; and therefore, the purpose of Section 2.61.220 of this chapter is for the Board to make that request generally of the County Clerk.

(SCC 0948 § 1, 1994; SCC 1117 § 39, 1998)

§ 2.61.220 Request for Reconveyance.

The County Clerk of the County of Sacramento, when acting as the Trustee of any and all Deeds of Trust securing Promissory Notes in favor of the County of Sacramento where such Notes and Deeds of Trust are security for the equity in real property as bail for defendants in criminal cases in the Sacramento Superior and Municipal Courts of the County of Sacramento, is hereby authorized to execute in the name and in behalf of the County reconveyances on any and all Deeds of Trust securing bail when bail has been exonerated by the court and upon notice by the Court Clerk to the County Clerk that bail has been exonerated.

The County Clerk shall rely on the information contained in the notice of the Court Clerk, and upon this County Code Section 2.61.220(A) as the Board's request to reconvey, in all instances where equity in real property as bail has been exonerated; and, the County Clerk shall thereupon reconvey to the Trustor (the Owner) all real property applicable to the bail which is the subject of the notice by the Court Clerk.

The Court Clerk shall include, within the notice to the County Clerk, but is not limited to: the date the court ordered bail exonerated; the Sacramento Superior and the Municipal Court criminal case file number when the bail was given and exonerated; the County and the Book and Page Number where the Deed of Trust is recorded; reference to this County Code Section 2.61.610 by number as the Board's request to reconvey; and the signature of the Court Clerk or designee. The Court Clerk shall submit the Deed of Reconveyance to the County Clerk for the County Clerk's signature and shall include the Court Clerk's notice as an exhibit to the Deed of Reconveyance.

(SCC 0948 § 1, 1994; SCC 1117 § 40, 1998; SCC 1606 § 45, 2017)

§ 2.61.230 Department of Environmental Management.

The Director of the Environmental Management Department is hereby authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (a) employee training services or programs; or (b) expert analysis, advice or assistance in the planning, design, testing, or inspection of Department projects or programs, or other expert services as required to administer Department functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide or authorize fees greater than fifty thousand dollars ($50,000.00).

(SCC 0960 § 1, 1994; SCC 1117 § 41, 1998; SCC 1730, 1/9/2024)

§ 2.61.240 Investment Contracts.

The Director of Finance is hereby authorized, on behalf of, and in the name of, the County, to enter into contracts for the investment and reinvestment of funds of the County and the funds of other depositors in the County Treasury pursuant to Chapter 4 (commencing with Government Code Section 53600) of Part 1 of Division 2 of Title 5 of the California Code, provided the Treasurer has been delegated authority to invest and reinvest such funds, or to sell or exchange securities so purchased, pursuant Government Code Section 53607 and County Code Section 3.43.100.

(SCC 1062 § 2, 1997; SCC 1117 § 43, 1998)

§ 2.61.250 Agricultural Commissioner.

The Agricultural Commissioner is hereby authorized, on behalf of, and in the name of the County of Sacramento to retain firms or individuals to provide: (a) employee training services or programs; or (b) expert analysis, advice or assistance in the planning, design, testing, or inspection of Department projects or programs, or other expert services as required to administer Department functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide or authorize fees greater than fifty thousand dollars ($50,000.00).

(SCC 1117 § 44, 1998; SCC 1730, 1/9/2024)

§ 2.61.260 Animal Care Services.

The Director of Animal Care Services is hereby authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (a) employee training services or programs; or (b) expert analysis, advice or assistance in the planning, design, testing, or inspection of Department projects or programs, or other expert services as required to administer Department functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide or authorize fees greater than fifty thousand dollars ($50,000.00).

(SCC 1117 § 44, 1998; SCC 1606 § 46, 2017; SCC 1706 § 2, 2022; SCC 1730, 1/9/2024)

§ 2.61.290 Clerk of the Board.

The Clerk of the Board of Supervisors is hereby authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (a) employee training services or programs; or (b) expert analysis, advice or assistance in the planning, design, testing, or inspection of Department projects or programs, or other expert services as required to administer Department functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide or authorize fees greater than fifty thousand dollars ($50,000.00).

(SCC 1117 § 44, 1998; SCC 1730, 1/9/2024)

§ 2.61.295 County Coroner.

The County Coroner is hereby authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (a) employee training services or programs; or (b) expert analysis, advice or assistance in the planning, design, testing, or inspection of Department projects or programs, or other expert services as required to administer Department functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide or authorize fees greater than fifty thousand dollars ($50,000.00).

(SCC 1396 § 24, 2008; SCC 1730, 1/9/2024)

§ 2.61.300 County Counsel.

County Counsel is hereby authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (a) employee training services or programs; or (b) expert analysis, advice or assistance in the planning, design, testing, or inspection of Department projects or programs, or other expert services as required to administer Department functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide or authorize fees greater than one hundred fifty thousand dollars ($150,000.00)

(SCC 1117 § 44, 1998; SCC 1396 § 25, 2008; SCC 1730, 1/9/2024)

§ 2.61.310 Department of Finance.

The Director of Finance is hereby authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (a) employee training services or programs; or (b) expert analysis, advice or assistance in the planning, design, testing, or inspection of Department projects or programs, or other expert services as required to administer Department functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide or authorize fees greater than fifty thousand dollars ($50,000.00).

(SCC 1117 § 44, 1998; SCC 1730, 1/9/2024)

§ 2.61.340 Military Base Conversion.

The Director of the Department of Military Base Conversion is hereby authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (a) employee training services or programs; or (b) expert analysis, advice or assistance in the planning, design, testing, or inspection of Department projects or programs, or other expert services as required to administer Department functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide or authorize fees greater than $25,000.

(SCC 1117 § 44, 1998)

§ 2.61.350 Community Development.

The Director of Community Development is hereby authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (a) employee training services or programs; or (b) expert analysis, advice or assistance in the planning, design, testing, or inspection of Department projects or programs, or other expert services as required to administer Department functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide or authorize fees greater than fifty thousand dollars ($50,000.00).

(SCC 1117 § 44, 1998; SCC 1606 § 47, 2017; SCC 1678 § 8, 2021; SCC 1730, 1/9/2024)

§ 2.61.360 Public Defender.

The Public Defender is hereby authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (a) employee training services or programs; or (b) expert analysis, advice or assistance in the planning, design, testing, or inspection of Department projects or programs, or other expert services as required to administer Department functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide or authorize fees greater than fifty thousand dollars ($50,000.00).

(SCC 1117 § 44, 1998; SCC 1730, 1/9/2024)

§ 2.61.365 Litigation Expenses Incurred by District Attorney, Public Defender, and County Counsel.

Notwithstanding any other provision of this chapter, the Public Defender, the District Attorney, and County Counsel may engage and approve litigation expenses, including, but not limited to, document copying costs, expert and percipient witness fees or related costs, transcripts from depositions and other litigation related proceedings, and other litigation expenses in connection with any pending criminal defense or prosecution or any civil action prosecuted by the District Attorney in the name of the people or in which the Public Defender represents an indigent client as well as any administrative or court civil action defended or prosecuted by County Counsel under authority of state law or regulation or County ordinance. Such engagement may be made without a formal contract.

Claims from the Public Defender, the District Attorney, or County Counsel for payment for litigation expenses shall be presented to the County Auditor for payment. Payment of such claims where there is no written contract for such services shall be made by the Auditor provided that each claim includes:

An invoice for such services;

A signed approval of such invoice by the Public Defender, District Attorney, or County Counsel; and

A memorandum from the Public Defender, District Attorney, or County Counsel stating that the litigation expense(s) were utilized to assist in the defense or prosecution of a criminal case or civil administrative or court litigation matter as is authorized under this section. Absent such information, the Auditor shall not pay a claim for litigation expenses.

Upon presentation of the information required by subsection (B) of this section, the Auditor shall have no further duty to verify the validity of any claim submitted pursuant to the authority granted by this section.

The Public Defender, District Attorney, and County Counsel shall maintain a list of case names for which litigation expenses are utilized and for whose litigation expense payments are authorized by this section which list shall be made available during any audit of such expenditures.

Nothing in this section shall be deemed as permitting the expenditure of funds not appropriated by the Board of Supervisors.

(SCC 1191 § 2, 2001; SCC 1308 § 1, 2005; SCC 1388 § 1, 2008; SCC 1606 § 48, 2017)

§ 2.61.370 Voter Registration.

In addition to the authority conferred pursuant to Elections Code Sections 13001 and 14100, the Registrar of Voters is hereby authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (a) employee training services or programs; or (b) expert analysis, advice or assistance in the planning, design, testing or inspection of Department projects or programs or other expert services as required to administer Department functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide or authorize fees greater than fifty thousand dollars ($50,000.00).

(SCC 1117 § 44, 1998; SCC 1262 § 1, 2003; SCC 1730, 1/9/2024)

§ 2.61.375 Department of Revenue Recovery.

The Director of the Department of Revenue Recovery is hereby authorized, on behalf of, and in the name of, the County of Sacramento, to retain forms or individuals to provide: (a) employee training services or programs; or (b) expert analysis, advice or assistance in the planning, design, testing or inspection of Department projects or programs or other expert services as required to administer Department functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide or authorize fees greater than fifty thousand dollars ($50,000.00).

(SCC 1262 § 2, 2003; SCC 1730, 1/9/2024)

§ 2.61.380 Department of Child Support Services.

The Director of the Department of Child Support Services is hereby authorized, on behalf of, and in the name of, the County of Sacramento to retain firms or individuals to provide: (a) employee training services or programs; or (b) expert analysis, advice or assistance in the planning, design, testing, or inspection of department projects or programs, or other expert services as required to administer department functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide or authorize fees greater than fifty thousand dollars ($50,000.00).

(SCC 1232 § 1, 2002; SCC 1730, 1/9/2024)

§ 2.61.390 Department of General Services.

The Director of General Services is hereby authorized, on behalf and in the name of the County of Sacramento, to retain firms or individuals to provide expert advice or assistance in financial, economic, insurance, personnel, staffing, investigative, and training matters or in other matters necessary to administer general services functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide for or authorize fees greater than $100,000.

(SCC 1269 § 1, 2004; SCC 1324 § 3, 2006)

§ 2.61.410 Department of Compliance.

The Director of Compliance is hereby authorized, on behalf and in the name of the County of Sacramento, to retain firms or individuals to provide: (a) employee training services or programs; or (b) expert analysis, advice or assistance in the planning, design, testing or inspection of department projects or programs, or other expert services as required to administer department functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide for or authorize fees greater than fifty thousand dollars ($50,000.00).

(SCC 1300 § 2, 2005; SCC 1730, 1/9/2024)

§ 2.61.420 County Clerk/Recorder.

The County Clerk/Recorder is hereby authorized, on behalf and in the name of the County of Sacramento, to retain firms or individuals to provide: (a) employee training services or programs; or (b) expert analysis, advice or assistance in the planning, design, testing or inspection of department projects or programs, or other expert services as required to administer department functions. Such experts shall be retained at or below negotiated usual and customary fees, and no contract by which the Director retains such an expert shall provide for or authorize fees greater than fifty thousand dollars ($50,000.00).

(SCC 1301 § 4, 2005; SCC 1730, 1/9/2024)

§ 2.61.440 Amendments.

Any contract authorized pursuant to this chapter or approved by the Board of Supervisors may include a provision authorizing adjustment of the contract amount by the County Executive, Chief Operations Officer, Agency Administrators or applicable Department Director, provided that the amendment does not exceed the lesser of 10% of the annual contract amount or $25,000. This provision does not supersede any other provision of this code authorizing a higher amount. All amendments to contracts approved pursuant to this section shall be reported in the same manner as provided by Section 2.61.012 of this chapter.

(SCC 1396 § 27, 2008; SCC 1516 § 4, 2012)

§ 2.61.450 Minor Purchases of Goods or Services.

The County Executive Officer, the Chief Operations Officer, all Agency Administrators, all Department Directors and their respective designees are authorized to purchase goods and services which would otherwise be authorized by a delegated purchase order but which were not procured with such. No such purchases shall exceed ten thousand dollars ($10,000.00). Purchases under two thousand dollars ($2,000.00) require approval of the Department Director, and purchases over two thousand dollars ($2,000.00) also require approval of the Directors of Finance and General Services. Requests for payment shall be made to the Department of Finance and shall include a verification of the order, the invoice for the purchase, an explanation of the request and the written approval by the person authorized to make the purchase. For purposes of this subsection, the order and the invoice shall constitute the contract between the County and the vendor.

The officers enumerated in subsection (A) of this section and their designees are also authorized to make purchases of goods and services which would not otherwise qualify for a contract service order or delegated purchase order but which are otherwise required for their operations. Purchases made pursuant to this subsection may not exceed ten thousand dollars ($10,000.00). Purchases under two thousand dollars ($2,000.00) require approval of the Department Director, and purchases over two thousand dollars ($2,000.00) also require approval of the Directors of Finance and General Services. Requests for payment shall be made to the Department of Finance and shall include a verification of the order, the invoice for the purchase, an explanation of the request and the written approval by the person authorized to make the purchase. For purposes of this subsection, the order and the invoice shall constitute the contract between the County and the vendor.

The Directors of Finance and General Services are directed to develop policies and procedures needed to facilitate to operations of subsections (A) and (B). Any policies and procedures so developed shall be approved by the County Executive Officer and the County Counsel.

The County Executive, the Chief Operations Officer, all Agency Administrators and all Department Directors and their respective designees are hereby authorized to use County resources to support community and business development functions or events. This includes, but is not limited to, sponsorships of events, purchases of seats or tables at such events, admission to such events and meals at such events. Such purchases shall be consistent with established County policies related to such expenses as those policies may be revised from time to time. Expenditures made pursuant to this subdivision shall be subject to the following limits per event:

County Executive Officer	$50,000.00
Chief Operations Officer, Agency Administrators, Chief Information Officer, and Director of Airports	15,000.00
All Other Department Directors	10,000.00

Requests for payment shall be made to the Department of Finance and shall include a verification of the order, the receipt of the purchase, an explanation of the request and the written approval by the person authorized to make the purchase. For purposes of this subsection, the invitation or announcement of the function or event and the receipt of payment shall constitute the contract for the expenditure.

For all expenditures made pursuant to this section, the Officer, Agency or Department shall, semi-annually, submit an itemized listing of such expenditures to the Director of Finance and to the Director of General Services.

(SCC 1396 § 28, 2008; SCC 1531 § 5, 2013; SCC 1606 § 50, 2017; SCC 1730, 1/9/2024)