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HomeMy WebLinkAboutContract Review instructions INSTRUCTIONS APPROVAL STEPS: STEP 1: COMPLIANCE WITH JCC 3.55.080 3.55.080 and Chapter 42.23 RCW. Department Heads or Elected Officials for departments who are proposing the contract must check one of the two boxes: (1) Check the “Certification” box, demonstrating compliance with that JCC 3.55.080 and Chapter 42.23RCW; or, (2) Check the “N/A” box, verifying that certification does not apply: (a)For approval of contracts before a contractor is selected; or, (b) For contracts with other government agencies, including interlocal agreements. Department Heads or Elected Officials may delegate this responsibility to certify the Contract Review Form in writing to a person who has been trained to determine compliance with JCC 3.55.080 and Chapter 42.23 RCW. JCC 3.55.080states: “All persons involved in county purchasing are required to follow the rules regarding conflicts of interest as set forth in Chapter 42.23 RCW, as now or hereafter amended, and, in addition thereto, are expressly prohibited from accepting, directly or indirectly, from any person, company, firm, or corporation to which any procurement or contract is or might be awarded, any rebate, gift, money or anything of value whatsoever, except where given for the use and benefit of the county.” STEP 2: CERTIFICATION THAT THE CONTRACTOR HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. Department Heads or Elected Officials for departments who are proposing the contract must check one of the two boxes: (1) Check the “Certification” box, demonstrating that the contractor has not been debarred by a government agency; or, (2) Check the “N/A” box, verifying that certification does not apply: (a) For approval of contracts before a contractor is selected; or, (b) For contracts with other government agencies that do not involve grant funding, including interlocal agreements. Department Heads or Elected Officials may delegate this responsibility to certify the Contract Review Form in writing to a person who has been trained to determine whether contractors have been debarred by a government agency. Contractors who have been debarred by a government agency are not eligible to contract with that agency or Jefferson County. Jefferson County does not want to contract with debarred contractors because they are considered untrustworthy. In addition, where grant funding is involved, debarred contractors usually are not eligible to receive grant money and, if they are given grant funding, the County may be required to repay spent grant funding. At a minimum, checking the certified box requires checking: Exclusions Section of the Federal Government Services Administration System for Award Management (SAM) at https://sam.gov/content/exclusions; and, The Washington State Department of Labor & Industries Debarred Contractors List website (https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx). In addition, before checking the “Certification” box, the department should ask contractors to verify they have not been debarred by a federal, state or local government agency. The department may satisfy Step 2 by attaching the standard debarment certificate completed by the contractor. However, even if a standard debarment certificate is attached, the “Certification” box still must be checked to satisfy Step 2. STEP 3: RISK MANAGEMENT REVIEW. Risk management review of all contracts is required by the County’s relationship with the Washington Counties Risk Pool and by the County’s risk management resolution. Risk management review involves determining whether the contract is a valid contract and whether the contract language, including risk allocation provisions like indemnity and insurance requirements, adequately protect the County from risks posed by the contract. STEP 4: PROSECUTING ATTORNEY REVIEW. Legal review of all contracts by the Prosecuting Attorney’s Office (PAO) is required by the County’s relationship documents with the Washington Counties Risk Pool and by the County’s risk management resolution. Review by the PAO involves determining whether the contract is a valid and unambiguous contract and may include whether the contract language, including risk allocation provisions, adequately protect the County from risks posed by the contract. STEP 5: REVISIONS, IF REQUIRED BY RISK MANAGEMENT OR THE PAO. If required, the department makes revisions suggested by risk management or the PAO. Then, the department resubmits the revised contract to risk management and the PAO. STEP 6: CONTRACTOR SIGNS. Obtain the contractor’s signature before submitting to the Board of County Commissioners (BoCC) for approval. STEP 7: SUBMIT TO BOCC FOR APPROVAL. 1.Print 3 duplicate originals of the contract for the Commissioners’ signature. 2.The submittal should include: a.The 3 duplicate originals, each with PAO’s signature approving the contract as to form; b.This Contract Review Form showing approval by Risk Management and the PAO; and, c.An Agenda Request. 3.Send all together in a hard copy packet to Attn: Julie/BoCC Office via interoffice mail to submit to the BoCC Agenda. The Deadline for Agenda Items is Tuesday’s by 4:30 p.m. in order to be included on the following Monday’s Agenda. If the submission does not meet this deadline, it will be added to the agenda for next Monday regular meeting of the BoCC. QUESTIONS: Questions about contracting and contract review should be presented first to the person in the department responsible for submission of contracts for approval. If questions cannot be answered within the department, then questions should be presented to Risk Management or the PAO’s Civil Department. For questions about scheduling Agenda items, posting Agenda items, etc., please email or call Julie Shannon, BoCC Office, x384. 2