§ 102-416. Contract administration.

(a)

Applicability. This article applies to all nonconstruction (e.g. professional services) and construction contracts.

(b)

General. Under this article, the purchasing agent shall establish the standards for a contract administration system designed to ensure that a contractor is performing in accordance with the solicitation under which the contract is awarded and the terms and conditions of the contract. Such system shall require the inclusion of receiving reports from all appropriate agencies in the contract file.

(c)

User agency responsibilities. The goal of contract administration is to ensure that the contract is performed by the contractor and that the responsibilities of both parties are performed in accordance with the contract. It is the responsibility of the user agency to designate agency staff as the contract administrator to oversee, monitor, and provide technical guidance to contractors performing under a contract. The designee shall responsible for managing the contract after award. All direction to the contractor must be within the scope of the contract.

(d)

Functions of the contract administrator. After the award of any contract, the user agency shall designate agency staff to assume the role of contract administrator and will ensure that both the county and the contractor/vendor are in compliance with all terms and conditions of the contract. Other responsibilities and duties include:

(1)

To review all work that has been or is being performed by the contractor; to confirm that the work being performed is in accordance with the specifications and the provisions of the contract; to monitor the progress of the contract and perform inspections/site visits; and to address any performance deficiencies.

(2)

In accordance with the contract the contract administrator is responsible for acceptance of the work product or services being provided; if changes need to be made to the contract in the form of modifications, terminations or claims disposition, the contract administrator manages this process; to document all actions taken regarding the contract and then maintain the original documentation concerning such actions in the official contract file; responsible for reviewing and approving invoices submitted by the contractor and for monitoring their payment for timeliness and accuracy.

(3)

Recommends renewal(s) of the contract until the contract expires or is terminated; completes quarterly contract performance reports; and, at the end of the process, it is the responsibility of the contract administrator to close out the contract file.

(4)

Subsequent to the execution of the contract the using agency shall initiate and coordinate the preconstruction/work conference with the department of purchasing and contract compliance, and thereafter issue a notice to proceed to the contractor with copies to the department of purchasing and contract compliance and the department of finance/accounts payable manager.

(e)

Purchasing responsibility to remedy a breach. In cases where the user agency is unable to rectify a breach of contract with a contractor/vendor, the matter shall be turned over to the purchasing director, along with all documentation for resolution. Resolution may include, but not limited to, cancellation of the contract; suspension or debarment or other legal action if deemed appropriate by the county attorney.

(f)

Evaluation of contractor/vendor performance. The user agency shall monitor and review the performance of contractors/vendors that provide goods and services to the county. Regular performance appraisals shall be documented once every calendar quarter, or once every 60 days where the total contract period is six months or less. This shall not take the place of, but shall be in addition to the mandatory contract performance report currently required by the department of purchasing and contract compliance at the end of each contract. The contract administrator is responsible for ensuring that the performance of contractors/vendors is recorded on the contractor performance report and submitted into the department of purchasing and contract compliance centralized database.

(g)

Contract closeout. The purpose of the closeout process is to verify that both parties to the contract have fulfilled their contractual obligations and that there are no responsibilities remaining. A contract is completed when all goods and services have been received and accepted; all reports have been delivered and accepted; all administrative actions have been accomplished; all county furnished equipment and material has been returned; and final payment has been made to the contractor. The contract administrator has the following responsibilities and duties:

(1)

Determine that the contractor has satisfactorily performed all required contractual obligations;

(2)

Determine that all deliverables including reports have been delivered and accepted by the user agency;

(3)

Determine if all county property (if applicable) has been returned;

(4)

Ensure that all issues, if any, have been resolved;

(5)

Determine whether all payments to the contractor have been made;

(6)

Determine whether all administrative actions have been completed;

(7)

Ensure that the official contract file contains all necessary documentation;

(8)

Complete the mandatory closeout contractor performance report; and

(9)

Provide the closeout report with documentation to the department of purchasing and contract compliance before final payment is made and if applicable, retainage is released.

(Res. No. 13-0052, 1-23-13)