OFFICE OF THE COUNTY LAW DIRECTOR ANDERSON COUNTY, TENNESSEE

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4 OFFICE OF THE COUNTY LAW DIRECTOR ANDERSON COUNTY, TENNESSEE 101 South Main Street, Suite 310 CLINTON, TENNESSEE N. JAY YEAGER TELEPHONE: (865) Law Director FACSIMILE: (865) MEMORANDUM TO: CC: FROM: Ms. Mary Murphy County Commission N. Jay Yeager DATE: May 14, 2014 RE: Law Director s Report May 19, County Commission Meeting Please add the following items to the County Commission Agenda under the Law Director s Report: A. Contract Approvals: 1. Knox Filters Inc. Schools & Anderson Co. Buildings 2. Oak Ridge Automotive Motor Pool 3. Pilgrim s Pride Corp. Schools 4. State of TN, Dept. of Military & TN Emergency Management Mayor 5. State of TN & Health Dept. Grant Contract Mayor 6. O Reilly Automotive All county vehicles and departments 7. Sherill Morgan Consulting Agreement Human Resources 8. Norvex Supply Janitorial Supplies ACDF 9. Norvex Supply Laundry Supplies ACDF 10. Norvex Supply Dish Machine Products ACDF 11. Frantz, McConnell & Seymour Sheriff Legal Fees Sheriff 12. Tennessee Dept. of Veterans Affairs MOU Veterans 13. Robert G. Campbell Slatestone Highway Dept. 14. Prairie Farms Dairy ACDF 15. Roadside Litter Pickup and Education Prevention Grant Contract Mayor 16. Covenant Homecare Tommie Stevens EMS 17. Ken Smith Auto Parts Auto/Vehicle Parts Motorpool 18. Rogers Group Highway Dept. 19. Covenant Homecare Thomas Martin EMS 20. DEA Reimbursement Sheriff

5 Page 2 of 2 Mary Murphy May 14, 2014 B. Indigent Death: 1) Shirley White C. Blossman Gas Contract (Needs County Commission Action). D. Donation of DARC building to Emory Valley Center (Needs County Commission Action). E. Industrial Development Board Charter (Needs County Commission Action). F. Arcadian Springs Subdivision Roads (Needs County Commission Action). G. Slatestone Road (Needs County Commission Action). H. Oak Ridge General Sessions Court Division II, Oak Ridge Partnership (Needs County Commission Action). I. Medical Examiner Quarterly Report. J. Purchasing Policy Review. *Supporting materials to follow.

6 PURCHASING COMMITTEE MEETING MINUTES May 12, 2014 Committee Members: Terry Frank Present Jerry White Present Zach Bates Absent Jerry Creasey Present Scott Daugherty - Present Pamela Cotham, Purchasing Agent Present Group 1 Fiscal Year 14/15 Contracts Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for approval. Commissioner White seconded the motion and the motion passed. Airgas Puritan Medical. Five year contract for Medical Gasses as per bid # 4525, for EMS Department for the period of July 1, 2014 through June 30, Group 2 Commissioner White made a motion to approve and to forward to County Commission with a recommendation for approval. Commissioner Creasey seconded the motion and the motion passed. O Reilly Automotive. Three year contract for Automotive/Vehicle Parts Discount - Aftermarket, as per bid # 4544 for the Motor Pool Department for the period of July 1, 2014 through June 30, 2017, with a two (2) year renewal option. Ken Smith Auto Parts. Three year contract for Automotive/Vehicle Parts Discount - Aftermarket, as per bid # 4544 for the Motor Pool Department for the period of July 1, 2014 through June 30, 2017, with a two (2) year renewal option. Fisher Auto Parts Three year contract for Automotive/Vehicle Parts Discount - Aftermarket, as per bid # 4544 for the Motor Pool Department for the period of July 1, 2014 through June 30, 2017, with a two (2) year renewal option. NAPA Auto Parts Three year contract for Automotive/Vehicle Parts Discount - Aftermarket, as per bid # 4544 for the Motor Pool Department for the period of July 1, 2014 through June 30, 2017, with a two (2) year renewal option. Oak Ridge Automotive Three year contract for Automotive/Vehicle Parts Discount - Aftermarket, as per bid # 4544 for the Motor Pool Department for the period of July 1, 2014 through June 30, 2017, with a two (2) year renewal option. Group 3 Commissioner Creasey made a motion to approve and to forward to County Commission with a recommendation for approval. Commissioner White seconded the motion and the motion passed. 1

7 Rogers Group, Inc.. Three-year contract for Stone Crusher Run, Oil Chips & Rock as per bid # 4518 for the Highway Department for the period of July 1, 2014 through June 30, Aggregate USA. Three-year contract for Stone Crusher Run, Oil Chips & Rock as per bid # 4518 for the Highway Department for the period of July 1, 2014 through June 30, Group 4 Prairie Farms Dairy Three-year contract for Milk as per bid # 4535 for the Detention Center for the period of July 1, 2014 through June 30, Commissioner White made a motion to approve and to forward to County Commission with a recommendation for approval. Scott Daugherty seconded the motion and the motion passed. Norvex Supply Three-year contract for Laundry Products as per bid # 4536 for the Detention Center for the period of July 1, 2014 through June 30, Commissioner White made a motion to approve and to forward to County Commission with a recommendation for approval. Scott Daugherty seconded the motion and the motion passed. Norvex Supply Three-year contract for Dish Machine Products as per bid # 4537 for the Detention Center for the period of July 1, 2014 through June 30, Commissioner White made a motion to approve and to forward to County Commission with a recommendation for approval. Scott Daugherty seconded the motion and the motion passed. Norvex Supply Three-year contract for Janitorial Supplies as per bid # 4538 for the Detention Center for the period of July 1, 2014 through June 30, Commissioner White made a motion to approve and to forward to County Commission with a recommendation for approval. Commissioner Creasey seconded the motion and the motion passed. Institutional Wholesale Co., Inc. Three-year contract for Bread as per bid # 4534 for the Detention Center for the period of July 1, 2014 through June 30, Commissioner White made a motion to approve and to forward to County Commission with a recommendation for approval. Scott Daugherty seconded the motion and the motion passed. Fiscal Year 13/14 Contracts Institutional Wholesale Co., Inc. Three-year contract for Food, Non-Food and Smallwares as per bid # 4474 for the School Nutrition for the period of July 1, 2013 through June 30, 2014, with an option for renewal for two (2) additional years. Commissioner White made a motion to approve and to forward to County Commission with a recommendation for approval. Commissioner Creasey seconded the motion and the motion passed. Contract Policy & Procedures Deferred in March by County Commission for 30 days Commissioner White made a motion that because there has been sufficient time to address possible concerns and two months have passed without comment, the Contract Policy & Procedures be forwarded back to full Commission with recommendation for approval. The meeting adjourned at 4:48 p.m. 2

8 ANDERSON COUNTY BOARD OF COMMISSIONERS RESOLUTION NO. 14 XX XXX RESOLUTION TO ESTABLISH A POLICY PROCEDURE FOR REQUESTING CONTRACTS THROUGH A CONTRACT REQUEST FORM FOR THE PURCHASING DEPARTMENT OF ANDERSON COUNTY WHEREAS, Anderson County has adopted and operates under the County Purchasing Law of 1957; and WHEREAS, Tennessee Code Annotated (T.C.A.) Section (1), provides the county purchasing agent with exclusive power and it is the purchasing agent's duty to: Contract for and purchase all supplies, materials, equipment and contractual services required by each and every official, agency, office, department or employee of the county government, or that is supported by, or under control of, the county government and that expends or encumbers any of the county's funds; and WHEREAS, T.C.A. Section (1), further provides that: No other official, employee or agent of the county or of any of its departments or agencies shall be authorized to contract for or purchase any such materials, supplies, equipment or contractual services; and WHEREAS, T.C.A. Section , provides that the county purchasing agent, with the assistance of the county purchasing commission, shall adopt, promulgate, and may from time to time amend, rules and regulations for the purchase of supplies, materials, equipment and contractual services and specifically for the following purposes: (1) Authorizing in writing any department, official or agency of the county government to make purchases in the open market for immediate delivery in emergencies, defining such emergencies, describing the manner in which such emergency purchases shall be made and promptly afterward reported to the county purchasing agent; (2) Prescribing the manner in which supplies, materials and equipment shall be requisitioned, purchased, delivered, stored and distributed, and providing that such shall be conducted in accordance with the provisions of this part; and WHEREAS, the Anderson County Commission realizes the need, especially in today s current environment of fewer available resources, for increased transparency and accountability of public funds, and that the County Commission is ultimately responsible for ensuring that management is meeting its internal control and contracting responsibilities; and WHEREAS, the County Commission finds it to be in the best interests of Anderson County to establish a procedure for requesting and putting in place contracts that complies with County Purchasing Law of 1957 and ensures this procedure is adhered to through a Contract Request Form;

9 NOW THERFORE BE IT RESOLVED by the County Commission of Anderson County, meeting this day of, 2014, that: Anderson County establish the Purchasing Department s Contract Request Form and Procedure for Requesting Contracts. RESOLVED DULY PASSED AND APPROVED this 17th day of March Chuck Fritts, Chair, AC Commission Terry Frank, Anderson County Mayor ATTEST: Jeff Cole, Anderson County Clerk

10 ANDERSON COUNTY PURCHASING DEPARTMENT CONTRACT REQUEST FORM Requesting Department: Requestor: (Print) (Signature) Vendor Name: Explanation of Contract: (attach memo if additional explanation needed) Contract Start Date: Contract End Date: Renewal Options: PURCHASING DEPARTMENT Contract Received by: Received - Date: Time: (Initials) APPROVAL TO FORM Sent to Law Director - Date: Time: Approved by Law Director - Date: Time: Contract Received from County Attorney s Office- Date: Time: PURCHASING COMMITTEE (If Required) Action: Date: COUNTY COMMISSION (If Required) Action: Date: CONTRACT FULLY EXECUTED Purchasing Agent: Date: County Mayor: Date: Executed Contract mailed to Vendor and Department: (Date) Notice to Proceed Issued: (Date)

11 ANDERSON COUNTY PURCHASING DEPARTMENT PROCEDURE FOR REQUESTING CONTRACTS This procedure is established to ensure that Anderson County complies with all aspects of the County Purchasing Law of 1957; and in particular the request and tracking and/or approval of contracts. Clearly the County Purchasing Law of 1957 grants sole authority and responsibility for this task to the county purchasing agent. No contract will be signed by the Purchasing Agent or the County Mayor that does not originate out of the Purchasing Department through this procedure. 1) The requesting department will submit a Contract Request Form to the Purchasing Department, along with a short memo if needed that briefly states the purpose for the contract and any other relevant information that the Purchasing Agent will need to fully understand the purpose of the contract. The Contract Request Form will identify the person making the request by printing and signing their name to the form and including the department for whom they work. The name of the company with whom the contract is with will also be included on the Contract Request Form as well as the type of contract (e.g. professional services) and the date the contract begins and expires. 2) Upon receipt of the Contract Request Form in Purchasing Department the request form will be time and date stamped and initialed by the person receiving the form. 3) The Purchasing Agent bears sole responsibility for having the contract approved as to legal form. The Purchasing Agent will, on a regular basis, submit a request in writing to the law director listing the contracts to be approved as to form and providing a copy of each contract to the Law Director. 4) The Law Director will date and sign each contract as Approved to Form and return the contract and any written instructions he so desires to the Purchasing Department. 5) The Purchasing Agent will stamp the returned contract from the Law Director and date and time the receipt of the contract on the Contract Request Form. 6) Any contract received after the Purchasing Agenda deadline which is noon of the first Wednesday of each month will be included on the following month s Purchasing Agenda. 7) Once the contract has been through the Purchasing Committee the Purchasing Agent will record the action taken by the Committee on the Contract Request Form. 8) Once the contract has been through the County Commission the Purchasing Agent will record the action taken by the Commission on the Contract Request Form. 9) Not until this procedure has been properly followed and the contract passed for approval by the County Commission will the Purchasing Agent present the contract along with the completed Contract Request Form to the County Mayor for signature.

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