HomeMy WebLinkAbout08-124
RESOLUTION NO. 08-124
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A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF
PURCHASING REGULATIONS BY AMENDING SECTION 8.3A AND
8.3B, CONTRACT PREPARATION, AND SECTION 8.4, CONTRACT
EXECUTION, INCREASING THE THRESHOLD FOR MANDATORY
CONTRACTS FROM $15,000 TO $25,000; AUTHORIZING THE
COUNTY ATTORNEY AND/OR PURCHASING DIRECTOR TO
REQUIRE A CONTRACT FOR A SERVICE BELOW THE THRESHOLD
IF THEY BELIEVE THAT THE TYPE OF SERVICE OR WORK
NECESSITATES IT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
WHEREAS, On October 7, 1985, the Board of County Commissioners for St. Lucie County,
(the "Board") adopted Resolution No. 85-212 which established the purchasing regulations and
procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing
Regulations and Þrocedures (the "Þurchasing Manual"); and since that date the Purchasing Manual
has been amended from time to time, most recently by Resolution No. 08-118,
WHEREAS, in order to allow for a more efficient method of contracting for non-professional
services, it is necessary to amend the procedure for securing said services.
1. Revising section 8.3a and 8.3b, Contract Preparation,
2. Revising section 8.4, Contract Execution,
3. Increasing the threshold for mandatory contracts from $15,000 to $25,000.
4. Authorizing the County Attorney and/or Purchasing Director to require a contract for a service
below the threshold if they believe that the type of service or work necessitates it.
NOW, THEREFORE, BElT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. The St. Lucie County Manual of Purchasing Regulations and Procedures is hereby
amended as shown in the attached Exhibits "A".
2. This resolution shall become effective upon adoption.
After motion and second the vote on this resolution was as follows:
Commissioner Joseph E. Smith, Chairperson Aye
Commissioner Paula Lewis, Vice Chairperson Aye
Commissioner Doug Coward Aye
Commissioner Chris Craft Aye
Commissioner Charles Grande Aye
III ,
PASSED AND DULY ADOPTED this 13th day of May, 2008.
ATTEST:
BOARD OF COUNTY COMMISSIONERS ST.
LUCIE COUNTY, FLORIDA
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
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EXHIBIT "A"
PURCHASING MANUAL
EFFECTIVE DATE: Mav 13. 2008
SECTION 8 - CONTRACT PROCEDURE
8.3 CONTRACT PREPARATION
Unless prepared by the Vendor, or as provided for below, all required contracts will
be prepared under the direction of the County Attorney. If a contract is prepared by
the Vendor, the contract must be submitted to the County Attorney for review and
approval. The County's Risk Manager should be consulted to insure that the proper
insurance requirements are included in the Contract Documents,
a. Service Contracts for less than $15,000.00 $25,000.00
Unless otherwise reauired bv the Countv Attornev. the Countv Administrator. or
the . Purchasina Director, a Purchase Order for services prepared by the
PurchaSing Director shall serve as the contract between the County and the
vendor for services valued at total of less than $15,000.00 $25,000.00, For the
purposes of yearly continuing contracts, the value may not exceed $15,000.00
$25.000.00 per year per vendor. At a minimum all Purchase Orders must
contain the following terms and conditions.
1. A statement in conspicuous print which provided that the Purchase Order is
subject to all of the terms and conditions on the reverse side and that the
vendor by acceptance of the Purchase Order agrees to be bound by and
abide by all of the terms and conditions of the Purchase Order.
2. A condition that the vendor agrees to indemnify the County for any liability
arising out of the service provided under the Purchase Order and a condition
that the vendor will maintain insurance sufficient to protect the interests of the
County. The amounts and types of insurance shall be provided by the County
Risk Manager. No work shall be performed under the Purchase Order until
the vendor has provided proof of insurance to the County.
3. The PurChase Order should also contain such other terms and conditions as
required by the County Attorney and approved by the Board.
b. Contr:::¡cts for $15,000,00 or more. Unless the contract is prepared by the vendor
or the purchase is pursuant to a government contract as described above, all
contracts for services for :::¡n :::¡mount of $15,000.00 or more shall be prepared under
the direction of the County Attorney.
8.4 CONTRACT EXECUTION
a, Contracts for more th:::¡n $15,000 but less than $25,000.00.
Except for Professional Services Contracts as described in Section 10, all
contracts for an amount of more th:::¡n $15,000.00 but less than $25,000.00 will be
prepared or approved by the County Attorney and executed as follows:
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1. All contracts for an amount less than $15,000.00 $25,000.00 (when required)
shall be returned to the Requesting or Purchasina Department for signature by
the vendor, aM then to the Dep::trtmGnt Director, or his designee, for signature
3nd then returned to the County Attorney for approval as to legal form and
correctness, then to the Countv Administrator. or his desianee. for sianature.
and then distribution as described below. The Di'.'ision Director The Countv
Administrator shall not sign any contract which has been modified by the
vendor unless written approval of the modification has been obtained from the
County Attorney.
2, All contracts for an 3mount of $15,000.00 but less th::tn $25,000.00 shall be
returned to the Requesting Dep::trtment for signature by the vendor and then
to the County Administrator, or his designee, for sign::tture ::tnd then returned
to the County Attorney for ::tppro'.'::tl as to legal form ::tnd correctness and
distribution 3S described below. The County I\dministrator sh::tll not sign ::tny
contr::tct 'Nhichhas been modified by the '.'endor unless written approv::tl of the
modific3tion h3s been obt::tined from the County Attorney.
@.:. 2. Provide there are four (4) fullv executed oriainals, The County Attorney will
keep one original of the fully executed contract for the County Attorney files,
and will provide three. (3) oriainals an origin::tl to the Fin::tnce Director, a copy
to the Contracts Coordinator or the Purchasing Director, who will in turn
orovide one (1) oriainal to the Finance Deoartrnent. and two originals to the
Requesting Department who will provide an original to the vendor.
b. Contract Execution for More than $25,000.00
Contracts for an amount of more than $25,000.00 will be executed as follows:
1. Following preparation or approval by the County Attorney, all contracts and
contract documents shall be returned to the Purchasina Deoartment or the
Requesting Department.
2. The Purchasina Deoartment or the Requesting Department will have the
selected vendor execute the contract prior to signature on behalf of the
County.
(a) Originals of the contract shall be forwarded to the vendor with
instructions as to how the contract shall be executed.
(b) The vendor must return all copies of the contracts to the Purchasina
Deoartment or the Requesting Department.
3. After receipt of the signed originals from the vendor, the Requesting
Department must agenda it for presentation to the Board for their
consideration, However, if the Board has already approved the contract or
has approved obtaining the services from the vendor subject to the
preparation of the standard County contract approved by the County Attorney,
the signed originals from the vendor will be returned to the County Attorney to
obtain the signature of the Chairman of the Board, or the Vice-Chairman in his
absence. All contracts executed by the Board must be attested to by the
Clerk of the Board or a Deputy Clerk as determined by the Clerk,
4. After Board approval, the County Attorney will obtain the signature of the
Chairman of the Board, or the Vice-Chairman in his absence.
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5. Provide there are four (4) fuUv executed oriainals, The County Attorney will
keep one original of the fully executed contract for the County Attorney file, and
will provide three (3) oriainals an origin:31 to the Fin:3nco Director, :3 copy to the
Contracts Coordinator or the Purchasing Director, who will in turn orovide one
(1) oriainal. to the Finance Deoartment. and two originals to the Requesting
Department who will provide an original to the vendor.