§ 2-204. Contract Administration.

1.

Contract Document: Every procurement of contractual services or commodities shall be evidenced by a written document containing all provisions and conditions of the procurement. Said document shall include, but not be limited to:

a.

A listing of the scope of services to be performed or commodities to be purchased.

b.

A provision specifying the criteria and the final date, or number of days, by which such criteria must be met for completion of the work.

c.

A provision specifying the terms of cancellation by the County and where applicable, a provision specifying the terms of renewal.

d.

Where applicable, a provision establishing the appropriate types and levels of insurance to be carried by the vendor. Said provision shall be employed in a manner consistent with minimum insurance standards approved by the Board of County Commissioners.

e.

A provision requiring the contractor/vendor to inform the County if he/she has been convicted of a public entity crime subsequent to July 1, 1989.

A purchase order that embodies these provisions shall be sufficient documentation of the procurement. Except as otherwise provided in this Procurement Ordinance, the Procurement Services Director shall determine the circumstances under which a Board approved purchase order (and all documents included by reference) shall serve as the contract document.

2.

Contract Manager: Every procurement of services shall be administered by the requesting Agency/Department.

3.

Contracts: Notices that terminate in its entirety a Board-approved purchase or contract must be approved by the Board of County Commissioners prior to its termination.

a.

Modifications to Work Orders, Change Orders, and Amendments issued under a purchase order or contract that exceed ten percent (10%) of the current Board approved aggregate amount, or twenty percent (20%) of the current Board approved number of days must be approved by the Board.

b.

Modifications to Work Orders, Change Orders, and Amendments issued under a purchase order or contract that do not exceed ten percent (10%) of the current Board approved aggregate amount, or twenty percent (20%) of the current Board approved number of days will be reported on the Procurement Services Administrative Ratification Report and presented to the Board for approval.

c.

Modifications to Board approved purchases or contracts by the issuances of the following, but not limited to, direct material purchases, notices to proceed or noncompliance, stop work notices, authorization for the use of approved allowances and reallocation of funds between line items, supplemental agreements, and changes by letter may be authorized and executed by the Procurement Services Director without further approval by the Board.

d.

All material changes in scope of contracts must be approved by the Board in advance.

e.

Sections 3.a through 3.b shall not be applicable to term contracts, fixed-fee contracts, or blanket purchase orders where the County desires to procure commodities and/or services on an as needed basis without having to obligate itself to a total contract amount. Rather, such purchases shall be based on fixed unit prices or other predetermined pricing methods and shall be limited in quantity by the amount of funds appropriated in the budget of the operating Division(s). Such purchases shall be subject to all other provisions of this Procurement Ordinance.

The Board shall have broad authority, within the limits of the law, to evaluate and approve any recommended contract modification without requiring further competition.

4.

Contract Extension: Extension(s) of a Board-approved contract for commodities or non-construction services may be requested by the contract manager to the Procurement Services Director in writing for a period not to exceed six (6) months (cumulatively) and shall be subject to the same terms and conditions set forth in the contract, if the extension period is provided for in the Board approved contract. The Procurement Services Director shall have the authority to authorize and execute all such extensions, which must be issued prior to the expiration of the contract. Any extension(s) that exceed six months (cumulatively) shall be approved by the Board of County Commissioners.

5.

Contract Renewal: The Procurement Services Director shall authorize and execute renewals of contracts for commodities and/or services subject to the following conditions:

a.

That the Contractor has performed in a satisfactory manner and that the Procurement Services Director has received a request to renew from the Contractor or Project Manager verifying the Contractor's satisfactory performance.

b.

That the Board-approved contract pursuant to Section 2-196 Paragraph 14 provided for a renewal and is renewed subject to the terms and conditions set forth in the initial contract. Cost and term modifications are addressed in the original solicitation document and/or resultant contract.

c.

That the renewal is done for a set period of time identified in the solicitation document and/or contract, commencing at the end of the contract period.

d.

That a contract under the formal competitive threshold with multiple renewal year option terms may be approved annually by the Procurement Services Director.

Proposed renewals that fail to meet one or more of the conditions set forth herein will require the approval of the Board of County Commissioners.

6.

Contract Approval: All contracts for commodities and services exceeding Section 2-196 Paragraph 14, Formal Competitive Threshold, shall be authorized by the Board of County Commissioners. Once approved, subsequent purchase orders referencing those Board approved contracts may be issued by the Procurement Services Director.

Contracts below Section 2-196 Paragraph 14, Formal Competitive Threshold, shall be subject to the review and approval by the County Attorney staff and signed by the Procurement Services Director. Purchase orders may be issued by the Procurement Services Director.

7.

Work Orders: The Procurement Services Director may execute any work order if the work order is equal to or below such Board approval parameters for work orders as are set forth in the Board approved term contract for services under which the work order is generated. Work orders must be in sufficient detail to audit according to the approved contract.

8.

Consent to Assignments of Contract: For all Board approved contracts, the Board of County Commissioners shall approve all assignments of contracts requested by the predecessor contracting party.

9.

Authority Limitation and Delegation; Promulgation of Procedures:

The Procurement Services Director may delegate to one or more Procurement Services Division employees any or all aspects of the authority vested in the Procurement Services Director.

All authority to execute documents that is vested in the Procurement Services Director or any other person shall be subject to the limits of any applicable federal, state or other law.

10.

Payments to Contractors, Vendors and Consultants:

Prior to the execution of a formal contract subject to this Procurement Ordinance, the Procurement Services Director shall establish a formal payment schedule and payment terms within the agreement. Such terms and conditions shall be consistent with the requirements of all applicable laws and the formal solicitation documents.

In accordance with F.S. § 218.735(8), the Procurement Services Director may establish, subject to Board approval, procedures to reduce to 5% the amount of retainage withheld from each subsequent progress payment issued to a contractor where applicable. The Procurement Services Director may establish, in writing, a schedule(s) to further reduce the percentage of cumulative retainage held throughout the course of the project schedule where warranted and according to law. Recommendation to reduce the percentage of cumulative retainage shall be subject to the following:

a.

That the term "cumulative retainage" is defined to mean "the dollar total of the funds retained from all payments issued under the contract divided by the gross dollar total of all monthly pay requests (or the total of all payment amounts deemed allowable by the project manager, whichever is less)".

b.

That any decision to reduce retainage shall be formally communicated in a letter to the Contractor's representative and that the letter affirmatively states that the Contractor has performed the contract work in a satisfactory manner.

c.

That the cumulative retainage not be adjusted until at least 50% of the work has been completed and payment has been issued.

d.

That the Procurement Services Director's letter expressly sets forth the percentage of cumulative retainage to be held for the remaining pay requests.

11.

The Procurement Services Director may authorize the partial release or payment of contract retainage to the contractor prior to final completion of all project work provided that:

a.

The contractor has performed in a satisfactory manner to date as verified in writing by the Project Manager.

b.

The total aggregate work under the agreement is at least 50% completed and accepted (i.e.; payments equaling at least 50% of the contract amount less retainage have been issued).

c.

The retainage dollar amount to be released is based upon and consistent with the prevailing percentage of cumulative retainage being held at the time that the retainage is released.

(Ord. No. 2017-08, § 19)