Okaloosa County BOCC — April 27, 2013 — Compare version 5 with original — reading text

Contracts & Grants Office. VIII. COUNTY ATTORNEY RESPONSIBILITIES Review all contracts, leases and agreements to assure that the County is in compliance with Federal, State and local rules and regulations. IX. RISK MANAGEMENT RESPONSIBILITIES Review all agreements to ensure: 1) Agreements incorporate the necessary insurance and bonding requirements. 2) Purchased insurance and bonding policies provide the nature and scope of coverage intended. 3) Appropriate indemnification and hold harmless provisions are inserted into agreements. 4) If specific coverage is unavailable, the Risk Manager may approve alternate policy or assurances. 5) If discrepancies exist, Risk Manager will resolve discrepancies with Department Monitor. X. PURCHASING SERVICES COORDINATOR RESPONSIBILITIES 1) Assign a unique contract/lease control number, see Contract Control Number form attached, for each agreement approved by the Board, County Administrator or Purchasing Director. 2) Create and maintain a file of approved agreements in contract/lease control number sequence. This information will be available to the public and departments upon request. 3) Prepare and file Contract, Lease, Agreement Control Form, see attached. Conduct periodic reviews to maintain accuracy. 4) Establish and update agreements in the Contracts/Lease database. 26 5) File all related correspondence in the repository file with copies forwarded to the Finance Department Contracts & Grants Office and Department Monitor. 6) Assist county issuing departments in the administration and maintenance of agreements. 7) Coordinate contract/lease agreement through the departmental review process and actively pursue timely corrections as required. 8) Review all Board agendas and minutes to determine repository action (if appropriate). 9) Generate, as necessary, correspondence and inquiries required to maintain the integrity of the Agreements Repository. Issuing department monitors will be initial points of contact. 10) Review repository lease and agreement insurance certificates to ensure valid policy effective dates. If expired, request in writing, a department monitor to contact contractor/lease to obtain a current compliant Certificate of Insurance from the contractors or lessee. 11) Close out agreement in database upon notification of approved final payment. 12) Participate, as required, in audits and the resolution of issues raised in those audits. 13) Maintain an automated computer insurance certificate database in Contract Number Order. 14) Maintain close liaison with the Finance Department Contracts & Grants Office to ensure the integrity of the original files and the repository. 15) Responsible for recording contract, Performance/Payments Bonds and Notice of Commencement with the Clerk of Court and making distribution upon completion. 16) Responsible for coordination and reviewing the final contract payment and closeout document “package” prior to Board approval. Closeout “package” will be forwarded to the Contracts and Grants Manager for financial review and submission to the County Administrator for inclusion in the Board Agenda (if approval threshold requires). 17) Attend Pre-bid and Pre-construction conferences. 18) Responsible for coordination and reviewing all task orders assigned by departments to existing contracts. XI. AGREEMENT PROCESSING PROCEDURES EXCEPTION: “All leases must be approved and executed by the Board.” (per Florida Statute 125.031). 1) Contracts Resulting from Bids. a) The issuing County Department shall coordinate with the Purchasing Director to determine the necessity for obtaining bids. b) Requesting or issuing department shall appoint a Department Monitor to serve as the point of contact during execution. 27 c) Purchasing Services Coordinator coordinates contract/lease agreement through the departmental review process and actively pursues timely corrections as required. d) Issuing department shall provide the Purchasing Department copies of approved technical specifications for distribution to prospective bidders. e) Purchasing Department shall publish in a local newspaper of general circulation a public notice inviting sealed competitive bids. f) Sealed bids shall be maintained in the Finance Department until date and time specified for bid opening in the public announcement. g) Bids shall be opened promptly according to the time designated by the Purchasing Director or designee. The Finance Director or designee shall read aloud for the record the bidder’s name, amount of bid and other pertinent information. The issuing department director and/or designated monitor shall be present. h) Purchasing Director and Department Director shall determine the lowest responsible and responsive bidder. Purchasing Department shall review findings with issuing Department Director and/or designated monitor. i) FOR THOSE AGREEMENTS IN EXCESS OF $50,000.00: The Purchasing Director shall obtain Board approval and authorization for the Board to execute the agreement to the lowest, responsible and responsive bidder. FOR THOSE AGREEMENTS IN EXCESS OF $25,001.00 AND EQUAL TO OR LESS THAN $50,000.00: The County Administrator, or designee, is authorized to award and approve payments, including final payment, to the lowest, responsible and responsive bidder. The County Administrator will forward the signed agreement to the Purchasing Services Coordinator. FOR THOSE AGREEMENTS $25,000.00 AND LESS: The Purchasing Director, or designee, is authorized to award to the lowest, responsible and responsive bidder. j) Notice of Award shall be issued. k) A pre-construction/commencement conference shall be held, if required. Designated Issuing Department Monitor shall attend. l) Agreement must be fully executed, all required contractual documents must be in the Purchasing Department and compliant as specified in the agreement prior to issuing of the Notice to Proceed. Purchasing Director must be notified in writing if service/work began prior to agreement being fully executed. Explanation must also include why the work/service began prior to execution. m) Purchasing Services Coordinator shall distribute the fully-executed agreement, amendments and change orders. All originals shall be forwarded to Finance Department Contracts and Grants Office. 28 2) Contracts Resulting from Quotes Under $50,000 a) Purchasing Services Coordinator coordinates contract/lease agreement through the department review process and actively pursues timely corrections as required. FOR THOSE AGREEMENTS IN EXCESS OF $25,001.00 AND EQUAL TO OR LESS THAN $50,000.00: The County Administrator, or designee, is authorized to award and approve payments, including final payment, to the lowest, responsible and responsive bidder. The County Administrator will forward the signed agreement to the Purchasing Services Coordinator. FOR THOSE AGREEMENTS $25,000.00 AND LESS: The Purchasing Director, or designee, is authorized to award to the lowest, responsible and responsive bidder. b) Agreement must be fully executable; all required contractual documents must be received and in compliance with the agreement prior to distribution. Original agreement will be forwarded to the Finance Department Contracts & Grants Office after appropriate approval. Signed copy with contractual documents as applicable will be forwarded to the Purchasing Services Coordinator. Purchasing Director must be notified in writing if service/work began prior to agreement being fully executed. Explanation must also include why the service/work began prior to execution. XII. EMERGENCY EXCEPTION All agreements shall follow the uniform procedures as set forth in this Manual. However, the County also realizes there may be unforeseen, extenuating circumstances that constitute an emergency. This exception should only be used in the event of a “true emergency” and limited as such. An approved Emergency Contract/Lease Form (see attached) must accompany such agreements submitted for Board approval. The issuing department will be notified of any required changes or amendments that may be disclosed in the post review process by the Purchasing Services Coordinator. The issuing department shall be responsible for assuring that the required changes, amendments, etc. are made in a timely manner. XIV. NON-COMPLIANCE PROCEDURES The Purchasing Services Coordinator shall notify the issuing Department Director in writing upon non-compliance with this Manual. The notification shall be copied to the Purchasing Director, Human Resources Director and the County Administrator. XV. CHANGE ORDERS – CONTRACTED SERVICES 1. Change Orders are changes due to unanticipated conditions or developments made to a contract which do not substantially alter the character of the work contracted for and which do not vary so substantially from the original specification as to constitute a new undertaking. 2. Approval Authority a. The Purchasing Director may approve deductive Change Orders which do not materially alter the character of the work contemplated by the contract and may approve additive change orders up to and including $25,000 and which do not in total exceed 5% of the initial contract price. 29  b. The County Administrator, or designee, may approve additive change orders up to and including $50,000 and which do not in total exceed 10% of the initial contract price. c. All Change Orders exceeding $50,000 or 10% of the initial contract price require Board approval. 3. Guidelines a. Board approval is required where the cumulative effect of an approved Change Order for a project will require an extension of a contract completion date by more than 60 days. b. All Change Orders requiring Board approval must be approved prior to authorization of work. No claim against the County for extra work in furtherance of such Change Order shall be allowed without Board approval. c. Change Orders shall not be artificially distributed or divided as to bring the amount within lower approval authorities. e. All authorized Change Orders are subject to written confirmation regarding the availability of sufficient funding for each Change Order by the official authorizing such Change Order. XVII. TASK ORDERS Task orders represent additional or new work assigned to an existing task order specific contract previously approved by the Board. 1. Approval – All task orders require a written request (see attached) which has been reviewed and approved by the requesting department’s