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August 21, 2006 (Regular Meeting) Page 62 receipt of funds, the County may still be at financial risk and or have potential liability. Therefore, even if a contract does not involve expendi ture of County funds or receipt of funds, unless 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. CONTRACT PROCEDURES: a. ) The Department Head is responsible for notifying the Contract Administrator (appointed by the County Finance Director) of the need for a contract. On certain occasions, the County Attorney may approve use of a generic form contract that may be used by the Department as a proposed ini tial draft. There will also be occasions where the County Attorney must draft "from scratch" initial contracts. The Department needing a contract must complete the "Department Section" of the Contract Control Sheet ("Exhibi t A") and send it with the original proposed contract or contract terms to the Contract Administrator for processing. It is very helpful for the Department to insure that the following information is correct in this original submission: (1) Full, precise legal name of the vendor and any D/B/A ("doing business as" name). If the vendor operates under a D/B/A, North Carolina law requires the vendor to file a Certificate of Assumed Name with the County Register of Deeds Office. Please attach a copy of this filed certificate. (Many sole proprietors operate under D/B/A names.); (2) complete physical location and mailing address of the vendor; (3) if vendor is an entity (i.e. corporation, limited liability company, partnership, etc.) the home state of such entity. 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 order to prepare the contract documents. In this case, the Department Head, or other personnel, should notify the Contract Administrator in order to alleviate duplication of efforts. The County Attorney shall be responsible for reviewing the contract on a timely basis for legal sufficiency, based upon the assumption that all business terms stated (i.e., pricing, payment terms, products/services specified) are acceptable from a business perspective. The County Attorney shall make any necessary legal adjustments or redo the contract if necessary and forward the contract to the Contract Administrator for implementation. The Contract Administrator is responsible for obtaining all necessary signatures. Once the contract is fully executed and filed with the Contract Administrator, a copy will be forwarded to the County Attorney and the applicable County Department. The Contract Administrator will assign each new contract a Contract Control Number. A copy of the Contract Control Sheet will be returned to the Department after the contract has been processed and will contain the Contract Control Number as well as note if the Department funds allocated to the contract are encumbered via purchase order. The Contract Administrator shall maintain all original County contracts in a fireproof contract file located in the Finance Department Vault. SUBSEQUENT CONTRACT ADDENDUMS/MODIFICATIONS: If a fully executed contract later 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. Any change in a contract term after it has been approved by the County Attorney must also be approved by the County Attorney. MEMORANDUMS OF APPLICATIONS: UNDERSTANDING/AGREEMENT (MOU/MOA) RELATED TO GRANT 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. When the MOU/MOA meets specific criteria outlined in the Example Resolution ("Exhibit B"), it may be utilized to request authority from the Board of Commissioners for a department head to sign on behalf of Cabarrus County. The request would be considered for adoption at a regularly schedule meeting. PREMATURE TERMINATION OF CONTRACTS: