Laserfiche WebLink
KITTITAS COUNTY <br />DEPARTMENT OF PUBLIC WORKS <br />PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS <br />2023 STUDY SESSION STAFF REPORT <br />STUDY SESSION DATE: August 14, 2023 <br />TOPIC: Auditor's Proposed Purchasing Policy Section 4.2B <br />ACTION REQUESTED: Direct Staff <br />LEAD STAFF: <br />Mark R. Cook <br />RECOMMENDATION: <br />Informational briefing only. <br />BRIEFING SUMMARY: <br />• The Auditor is updating county purchasing policies and procedures. <br />• The new policy has a section that Public Works (PW) is concerned about: Section <br />4.2b. <br />o Significant ramifications exist for PW related to contract execution timelines and <br />Director assumption of risk. <br />BACKGROUND: <br />The Auditor is electing to update county purchasing policies and procedures. Section <br />4.2B of the current draft stipulates that Directors can be prosecuted by the Prosecuting <br />Attorney's Office (PA) for not having a contract reviewed by the PA resulting in <br />financial loss to the county. The section is provided below with emphasis added. <br />4.2.B: Prosecuting Attorney Office Contract Review: Elected Officials and <br />Department Heads, or designees, should consult with the Prosecuting Attorney's Office <br />for legal and risk management review when entering into contracts, grants, and other <br />agreements. <br />An Elected Official or Department Head may decline the legal and risk management <br />services provided by the Prosecuting Attorney's Office. However, the Prosecuting <br />Attorney's Office reserves the right to not represent or defend an Elected Official or <br />Department Head, or designee, in any legal action or proceedings resulting from <br />mistakes, legal defects, misstatements, omissions, etc, in a contract, grant, or agreement <br />entered into without legal review. Additionally, if Kittitas County incurs liability or <br />expends public ti:iid as a result of a contract, grant, or other agreement being entered <br />into without legal review, the Prosecuting Attorney's Office reserves the right to take <br />legal action against the individual Elected Official or Department Head, and/or designee. <br />as necessary for public accountability and to protect and/or recover public funds. <br />Pagel of 2 <br />Public Works "Work Session Staff Report", 2023 <br />