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ARF- 4463      2. D.    
Work Session
Meeting Date: 07/25/2017  
Submitted For: James Menlove Submitted By: Marian Sheppard, Clerk of the Board
Department: County Manager  

Information
Request/Subject
Proposed adoption of revised Board of Supervisors' Policy No. BOS-FIN-002 - PROCUREMENT-CONTRACTS.
Background Information
Several years ago, Gila County management staff began developing an entire collection of written policies that will eventually cover most important topics in all of the administrative functions within Gila County.  The reason for developing internal policies and departmental procedures is to improve the overall efficiency of many of the County's departments and elected offices, as well as improving the overall effectiveness of Gila County employees.  After a policy has been adopted by the Board of Supervisors, a copy is placed on the County website for review by all internal personnel as well as all concerned citizens.

Policy number BOS-FIN-002 was initially adopted by the Board of Supervisors on September 20, 2011.

On March 7, 2017, the policy was revised to allow the Assistant County Manager the authority to sign payroll authorization forms and contracts of $50,000 or less per year.
Evaluation
Section II - Policy - Contract Term states:  "Contracts for materials and services shall have a specific term (date of commencement and expiration date).  Contracts that do not exceed one year may be approved by the County Manager.  Contracts with terms that exceed 12 months in duration must be approved by the Board of Supervisors and should not obligate Gila County for more than 4 years. Contracts with annual renewals are acceptable as long as the Board of Supervisors has the option not to renew if so desired."

In recent times, there have been contracts submitted to the Board of Supervisors that are between Gila County and a state or federal agency for a term longer than 4 years.  Requests have been submitted to those agencies to amend their contract so that the term of the contract is no longer than 4 years; however, that request has been continually denied.  As a result, Jeff Dalton, Deputy County Attorney and Civil Bureau Chief, has not approved these contracts as to form because they do not follow County policy.  At times, the Board has approved the contracts without Mr. Dalton's approval, but recently the state or federal agency is not wanting to accept the contract without Mr. Dalton's signature.  Most of these contracts are executed in order for Gila County to receive grant funds, which are imperative to the continued operation of many County programs and services that are provided to the public.  
Conclusion
Policy number BOS-FIN-002 needs to be amended to add language that will allow the Board of Supervisors to waive the requirement that a contract may not obligate Gila County for more than 4 years for any contract that is between Gila County and a state or federal agency and that has been developed by that agency.
Recommendation
It is recommended that the Board of Supervisors approve revised Policy No. BOS-FIN-002.  The revisions outlined in red type are being made to Section II - Policy - Contract Term, as follows:

"Contracts for materials and services shall must have a specific term (date of commencement and expiration date).  Contracts that do not exceed one 1 year may be approved by the County Manager.  Contracts with terms that exceed 12 months in duration must be approved by the Board of Supervisors and should must not obligate Gila County for more than 4 years., except the Board of Supervisors may waive the 4-year requirement for any contract that is between Gila County and a state or federal agency and that has been developed by that agency.  Contracts with annual renewals are acceptable as long as the Board of Supervisors has the option not to renew if so desired."
Suggested Motion
Information/Discussion/Action to adopt revised Policy No. BOS-FIN-002 - Procurement-Contracts to allow the Board of Supervisors the authority to waive the requirement that a contract must not obligate Gila County for more than 4 years in order to execute any contract that is between Gila County and a state or federal agency and that has been developed by that agency.  (James Menlove)

Attachments
Policy No. BOS-FIN-002 - Final
Policy No. BOS-FIN-002 - Marked up copy

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