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CONTRACT PROCEDURE
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| Effective |
December 5, 1999 |
| Purpose |
To outline the procedure for obtaining legal review and/ or approval of all contracts, agreements, and understandings and to provide step-by-step instructions for obtaining the Directors approval and signature. This directive applies to all Divisions/Offices within the department. |
| Authority |
ORC 1501.01 and 3.12 (personal liability of signatory) |
| Reference |
Request for Approval of Contract form
Designating an Acting Chief Form |
| Resource |
Administration - Office of Legal Services |
The Director's approval is required on all contracts, agreements, memoranda of understanding, options, licenses, leases, rights of entry, etc.
- The originating Division/Office shall initiate a request for the Directors approval by completing and attaching to the draft contract, agreement, or other document requiring the Directors approval a "Request for Approval of Contract" form (approval form). The approval form shall have on it the signatures of the Division/Offices Chief and Fiscal Officer (signature lines 1-2) as well as that of the Attorney General, if appropriate (signature line 4).
- After the approval form has been signed by the Division/Office Chief and Fiscal Officer, the Division/Office shall forward the draft or document and approval form to the appropriate Deputy Director for approval (signature line 3).
- If the Deputy Director approves the request, the Deputy Director shall forward the draft or document and approval form to the Office of Legal Services (Legal Services).
- Legal Services shall review the draft or document, make comments, note any necessary additions, deletions, or alterations, and return the draft or document and approval form to the Division/Office. Legal Services approval (signature line 4) is subject to the Division/Office making the necessary corrections.
- Upon completing the prior approval stage, the Division/Office shall send two (2) original copies to the outside contracting party for signature.
- Upon receipt of the two (2) signed originals from the outside contracting party, the Division/Office will, after confirming that both originals have been properly executed, submit them to the Chief for execution. After the Chief of the Division/Office has properly executed the originals, they may be forwarded with the attached approval form to Legal Services for the Directors signature (execution stage).*
- Once the Director and the Governor (if required) have signed the contract or document, Legal Services will return the two (2) originals and the approval form to the originating Division/Office.
- The Division/Office will prepare the appropriate encumbrance and forward it along with the approval form, two (2) signed copies of the contract, and a photocopy of the approved Controlling Board form, when Controlling Board approval is required, to the Office of Administrative Services, Purchasing Section.*
- Upon receipt of the encumbrance, the Division/Office will record the appropriate encumbrance information on the original contract and forward the contract to the contracting party.
Legal Services possesses exclusive authority to take contracts to the Director for signature. Legal Services will also be responsible for obtaining the Governor's signature when required.
*The originating division/office will be responsible for obtaining Controlling Board approval, when required, prior to obtaining the Director's signature.
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