BC 2009 12 21 Regular - Laserfiche WebLink

Home Browse Search

December 21, 2009 (Regular Meeting) Page 1738 Contracts that require expenditure of County funds/receipt of funds by County: Aggregate Monetary Commitment Levels Permitted Signatory Party (over the entire term of the contract) Department Head up to $15,000 County Manager $15,001 to $89,999.99 Chairman of BOC above $89,999.99 Contracts that do not require expenditure of County funds or receipt of funds: - If the contract does not involve an expenditure of County funds or receipt of funds, the County may still be at financial risk and/or have potential liability. Therefore, unless a signature authority has been delegated in writing to a Department Head by the BOC or the County Manager, the contract must be signed by the Deputy County Manager, County Manager or Chairman of the BOC. G. Subsequent Contract Addendums/Modifications If a fully executed contract subsequently needs an addendum and/or modification, the Department should complete a new Contract Control Sheet with all the current information. The original Contract Control Number must be included on the new Contract Control Sheet in order to identify which contract is being amended. Signification changes in contract terms and conditions may be cause for additional County Attorney review. H. Memorandums of Understanding/Agreement (MOU/MOA) Related to Grant Applications A legal document outlining the terms and details of ,an agreement between parties, including each parties' requirements and responsibilities. The MOU/MOA is often the first stage in the formation of a formal contract. It is given weight in a court of law should one party fail to meet the obligations of the memorandum. A Resolution must be processed to request authority from the Board of Commissioners for a Department Head to sign on behalf of Cabarrus County for this type of agreement. The request would be considered for adoption at a regularly scheduled meeting. I. Premature Termination of Contracts If a contract needs to be terminated prematurely, the Department should promptly notify the Contract Administrator and forward detailed documentation stating the reasons for the termination request. A copy of the Contract Control Sheet should be attached. Absolutely no contract is to be terminated prematurely without written authorization from the Contract Administrator and/or the County Attorney. Wrongful termination of a contract can have serious adverse consequences to the County. Properly terminated contracts will be removed from the contract files and any remaining encumbrances (if applicable) will be canceled. IV. PROCESS The Department Head, or their designee, is responsible for notifying the Contract Administrator (appointed by the Finance Director) of the need for a contract. On certain occasions, the County Attorney may approve the use of a generic form contract that may be used by the department as a proposed initial draft. There will also be occasions where the County Attorney must draft initial contracts. The department needing a contract must complete the "Department Section" of the Contract Control Sheet: http://guide/sites/Finance/Contract o20Administration/Forms/AllIte ms.aspx. The Contract Control Sheet must be submitted with the original proposed contract to the Contract Administrator for processing. The Contract Administrator will determine if the nature of the contract requires certain bid procedures to be followed and will be responsible for implementing such procedures. The Contract Administrator shall then send the proposed contract to the County Attorney for review. In some instances, a Department Head, or other personnel, may have consulted with the County Attorney in