§ 2-103. Contracts.

In addition to the contract authority outlined in section 2-97, all procurement contracts/agreements shall be approved for legal sufficiency by the county attorney and signed by the board chairman, county administrator or designee. All county contracts shall include provisions necessary to define the responsibilities and rights of the parties to the contract.

When applicable, purchases shall be based on valid, written contracts. contracts will be executed in accordance with this Code, will be managed by the end user department to ensure legal compliance and will be renewed, or goods/services re-procured, in a timely manner.

(1)

Multi-year contracts and appropriation of funds . A contract for goods, services, or construction may be entered into for more than one fiscal year if it is deemed to be in the best interest of the county, if the term of the contract and conditions of renewal or extension are included in the solicitation, and funds are available for the current fiscal year. Obligations for succeeding fiscal years may be subject to the availability and appropriation of funds by the board. Renewal of a contract must be in writing and is subject to the same terms and conditions as set forth in the initial contract and any written amendments/change orders signed by the parties.

(2)

Administration and compliance .

a.

After a contract has been awarded, the end user department will conduct contract administration and compliance activities. This encompasses all interaction between the county and the vendor from the time the contract is awarded until the work has been completed and accepted or the contract terminated, payment has been made, and disputes have been resolved.

b.

The end user department will ensure all contracts are signed and paperwork is completed; renewals are handled properly; agenda items and/or change orders approved and/or executed by the board, county administrator or designee.

c.

The end user department's project administrator is responsible for the contract administration and compliance functions to ensure compliance with the contract, county codes, Florida Statutes and federal regulations, as applicable, county procedures and other applicable requirements.

d.

The end user department will request purchase orders, for goods, services and construction, including owner direct purchases, that are associated with agreements, contracts, task orders, and amendments. Blanket purchase orders shall be allowed for contracts, based on the annual contract allowances.

(3)

Right to audit records . The county may, at reasonable times and places, audit the books, records, and accounts of any person, to the extent that the books, records, and accounts relate to the performance of services in accordance with a county contract. Any person that is awarded a contract or granted a contract amendment shall maintain all books, records, and accounts in compliance with generally accepted accounting procedures; and shall retain all books, records, and accounts for three years, or a longer term as required by the funding source and designated in the solicitation and contract documents, from the date of final payment, termination, or until a full county audit is complete, whichever comes last. All books, records, and accounts related to the performance of a county contract shall be subject to the applicable provisions of the Florida Public Records Act, F.S. ch. 119, as amended.

(4)

Settlement of a contract dispute . The county attorney, is authorized to settle disputes arising out of the performance of a county contract, provided the settlement amount does not cause the total contract amount, including the settlement amount, to exceed the authority of the county administrator as established in this Code. Any settlement exceeding the authority of the county administrator must be approved by the board.

(5)

If it is determined that termination is in the best interest of the county, the end user department shall present a proposed letter of termination for board or county administrator approval, pursuant to original agreement approval.

(Ord. No. 2018-20 , 9-25-2018)