Contract and Document Signature Procedure
Department/Issuing Agency: DES / FBOD / Procurement and Contract Services
Effective Date: March 1, 2014
Approved: /s/ Dow Constantine
Type of Action: Supersedes CON 7-4-1 (AEP), March 20, 2012
Signed document (PDF, 206KB)
SUBJECT TITLE: Contract and Document Signature Procedure
1.1 EFFECTIVE DATE: 10 days after signature by the Executive
1.2 TYPE OF ACTION: Superseding CON 7-4-1 March 20, 2012
1.3 KEY WORDS: (1) Administrative Policies and Procedures, (2) Contract
2.0 PURPOSE: To establish the approvals and processes required before a CONTRACT, DOCUMENT, or any modification, may be signed on behalf of the County Executive or designee.
3.0 ORGANIZATIONS AFFECTED: All Executive Departments, Offices and Agencies
4.1 King County Code: Chapter 2.93, Title 2 and Chapter 12.16.
4.2 King County Charter Sections 320.20, 495, and 850.
4.3 Executive Order CON 7-3-2 (AEO), December 28, 2006, “Delegation of Authority for Signing and Administering Contracts, Change Orders, Deeds, Leases, Amendments and other Instruments”.
5.1 “CONTRACT” means for the purposes of this policy, a CONTRACT that PCSS takes the lead role in maintaining the boilerplate, and is a mutually binding legal relationship, or any modification thereof obligating a person, firm, corporation or partnership to provide tangible personal property, services, professional services, technical services or public work to the county, and that obligates the county to pay therefore.
5.2 “DEPARTMENT DIRECTOR” means, for the purpose of this policy, the director of each executive department, the chief officer of each administrative office, or its designee delegated this signature authority as specified in CON 7-3-2 (AEO).
5.3 “DOCUMENT” means, for the purpose of this policy, a CONTRACT, CONTRACT amendment, change order or other legally binding agreement delegated for signature to a DEPARTMENT DIRECTOR or its designee, on behalf of the King County Executive. This includes agreements and other instruments which have been approved by the County Council for signature by the Executive.
5.4 “GOODS & SERVICES” means, for the purpose of this policy those products and services purchased under the CONTRACT boilerplate for which PCSS is the lead.
5.5 “IA” refers to the Implementing Agency (i.e. Executive department, division or agency) responsible for administering the CONTRACT.
5.6 “OTHER PARTY” means a contractor, consultant, vendor, elected official or other person(s) signing a document for the purpose of establishing a CONTRACT with King County.
5.7 “PCSS” means the Procurement and Contract Services Section of Finance and Business Operations Division.
5.8 “PCSS SUPERVISOR” means the person who prepares or directly supervises staff preparation of the CONTRACT to be signed and processed through execution.
5.9 See CON 7-13-1 (AEP) Appendix A “P&P Defined Terminology”. All words that appear in CAPS are defined terms that are found in the Defined Terminology Appendix or defined in this section.
6.1 Before a CONTRACT may be signed, DEPARTMENT DIRECTORS must ensure that all appropriate reviewing authorities as outlined in this policy and any executive and departmental policies have been addressed.
6.2 Any modification to CONTRACT language must be presented and approved by PCSS. PCSS will consult with the Prosecuting Attorney’s Office and Office of Risk Management on CONTRACT language changes relating to hold harmless, indemnity and insurance prior to CONTRACT execution.
6.3 Except in special circumstances review by the Office of Performance, Strategy and Budget (PSB) is not required prior to signature by the DEPARTMENT DIRECTOR. Departments shall be notified in advance when PSB review is requested.
6.4 Procurement waivers must be signed by the PCSS Manager or Finance and Business Operations Division (FBOD) Director, or designee (as appropriate) in advance of singing the CONTRACT.
Action By: PCSS
Action: GOODS & SERVICES CONTRACTS
7.1 For CONTRACTS equal to or over $25,000 in value, the PCSS SUPERVISOR works with the IA to prepare and review the CONTRACT package for completeness, accuracy, and compliance with all Executive Policies and Procedures. PCSS SUPERVISOR will work with the IA to resolve any issues of noncompliance prior to CONTRACT execution. For those CONTRACTS established for the use of multiple agencies, the PCSS Manager will review for compliance and execute the CONTRACT and any amendments to it.
7.2 For CONTRACTS under $25,000 in value, the IA prepares and reviews the CONTRACT package for completeness, accuracy, and compliance with this policy.
7.3 PCSS SUPERVISOR reviews change orders or CONTRACT amendments for compliance with scope of work, terms and conditions, competitive requirements, or other county requirements before execution.
Action By: PCSS
Action: CAPITAL PROJECTS (Architectural/Engineering/Professional/Construction)
7.4 PCSS SUPERVISOR works with the IA to prepare and review the CONTRACT package for completeness, accuracy, and compliance with all Executive Policies and Procedures. PCSS SUPERVISOR will work with the IA to resolve any issues of noncompliance prior to CONTRACT execution.
7.5 PCSS SUPERVISOR does not review change orders or CONTRACT amendments before execution unless requested by the IA.
Action By: IA (Implementing Agency)
Action: DEPARTMENT DIRECTOR
7.6 DEPARTMENT DIRECTOR signs CONTRACT after determining compliance with all applicable contracting requirements and maintains signed copies of CONTRACTS according to department procedures.
7.7 DEPARTMENT DIRECTOR notifies the Executive prior to signing a CONTRACT if there are related issues of significant interest to the Executive, and/or it is a CONTRACT the Executive may want to sign.
8.1 The DEPARTMENT DIRECTOR is responsible for:
8.1.1 Establishing department procedures to verify that each CONTRACT complies with King County Code, including procurement regulations, audit and documentation requirements, and other King County requirements prior to DEPARTMENT DIRECTOR’s signature. These procedures must include review of CONTRACTS by the Department’s financial staff and, as appropriate, by the County’s Risk Manager, Deputy Prosecuting Attorney and PCSS.
8.1.2 Ensuring that all Departmental and County requirements and procedures are complied with before signing each CONTRACT; and
8.1.3 Notifying the Executive prior to singing a contract if there are related issues of significant interest to the Executive, and/or is a CONTRACT the Executive may want to sign.
8.2 PCSS SUPERVISOR is responsible for maintaining all approved CONTRACT boilerplate(s) and ensuring complete review, validating signatures and filing of completed documents.
9.0 APPENDICES: None