§ 2-26-20. Establishment and appointment, duties and authority.

(a)

Purchasing official. There shall be a purchasing official appointed by the county administrator, who shall have initial primary authority for oversight, interpretation and application of this purchasing code, who shall be responsible for the procurement of goods, services, and construction in accordance with this code, and who shall, along with the county administrator, exercise such other duties and authority to award and execute contracts as the board may delegate from time to time.

(b)

Contract administration oversight. Notwithstanding any other provision of this Code, the purchasing official shall have the authority to issue on behalf of the county demands for specific performance, notices of breach or noncompliance, demands for cure, or any other similar formal action related to any contract entered or negotiated by the purchasing division. The purchasing official shall also have the authority to review and approve requests of county departments to terminate any executory contract to procure any good or service prior to its expiration date. In exercising this authority, the purchasing official shall, where appropriate, seek relevant legal advice from the county attorney's office.

(c)

Authority to execute. All rights, powers, duties and authority relating to the procurement and contracting of goods and/or services for the board of county commissioners, including the authority to approve all purchases and sign those agreements, contracts, change orders and purchase orders for the purchase of goods and/or services governed by this chapter, provided they are in conformance with the law and all applicable ordinances, resolutions and administrative policies, are vested in the purchasing official. The purchasing official may execute contracts resulting from quotations, proposal requests or invitations for bids for contract amounts below Category Four regardless of the expiration of any protest period which may be provided in this Code if that official finds such early execution is in the best interest of the county. The purchasing official may, unless otherwise prohibited by law, delegate the rights, powers, duties and authority granted herein to other county officials designated to act for the purchasing official in his or her unavailability, or when the purchasing official otherwise deems such delegation as necessary. To create a more standard method of contract execution, procurement or concession contracts, including those to be approved by the commission, shall as a matter of course be drafted for execution by the purchasing official unless the county attorney's office advises that the signature of the commission chairman or some other official is required by law, the terms of a grant, or for similar reasons. Additionally, any contracts for personal professional services to be provided to the county commission, or which will report directly to the commission, and in which trust and confidence is of paramount importance, including, but not limited to, contracts with a county administrator, county attorney or lobbyist firms, shall be executed by the chairman. Notwithstanding any of the foregoing, the county commission reserves the right to reject and not ratify any contract executed in violation of this subsection.

(Ord. No. 08-43, § 1, 8-26-08; Ord. No. 09-52, § 7, 7-28-09; Ord. No. 11-43, § 4, 11-21-11)