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HomeMy WebLinkAbout08-124 RESOLUTION NO. 08-124 & py 10 ~ J1//+t3 -r:ïh601i/!.e Pf¡C(ch. 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: .. . 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: ,.- , 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. · , . 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.