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Kent County, DE Policy Manual
 
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[Adopted 9-10-1991 (P-6A)]
The County Administrator, or his designee, will prepare a fiscal note for any requests received by the Levy Court, in excess of $500, from any operating department of the County government, individual, or group. The fiscal note shall give details on how the request will impact the adopted fiscal year budget and how it will be funded in the future.
[Adopted 9-10-1996 (P-48A)]
The federal and state governments are not required to pay County taxes on land and buildings. An annual payment, in lieu of taxes, is made to the County on certain properties, such as federal land refuges and state-operated low-income housing projects. These funds are intended to supplant taxes which would normally be levied by the County and School Districts. Upon receipt of a payment, the County shares a percentage of these monies with the school and library districts(s) in which the properties are located. The following formulas shall be used:
A. 
Delaware State Housing Authority/Capitol Green Housing Corporation. The following formula provides an allocation by the area of the County where offset payment is generated. The funds distributed by the County will be based upon the tax rates. For example:
Add the following:
County
0.265
Vo-Tech
0.115
School District
0.853
Library District
0.027
$1.26/$100 of assessed valuation
Then calculate the percentage of these rates to the base 100:
County
21.032%
Vo-Tech
9.127%
School District
67.698%
Library District
2.143%
100.000% of dollars received
B. 
Bombay Hook National Wildlife Refuge. The formula provides an allocation by the area of the County where offset payment is generated. The funds generated by the County will be based upon the tax rates.
County
0.265
Vo-Tech
0.115
School District
0.853
Library District
0.027
$1.260/$100 of assessed valuation
Then calculate the percent of these rates to the base 100:
County
21.032%
Vo-Tech
9.127%
School District
67.698%
Library District
2.143%
100.000% of dollars received
C. 
Responsibilities. Each year these percentages will vary, depending on the actual rates set by the jurisdictions. The relative percentage will be recalculated by the Receiver of Taxes.
[Adopted 6-15-1999 (P-56A)]
A. 
This Policy was designed to bring order to the process of granting County funds to organizations which provide services to the County community. All funding requests shall be submitted on standardized Community Service Grant Request application forms available from the Levy Court office. These grants appear in the County's fiscal year budget as "Community Service." The deadline for grant request submissions shall be determined by the Levy Court administrative staff and may vary from year to year. Fire companies receiving County funds are exempt from the requirements of this Policy.
B. 
In order for an organization to be considered for a community service grant, it must:
(1) 
Be nonprofit (or under the umbrella of a parent organization which is nonprofit).
(2) 
Have programs that are unduplicated and satisfy unmet needs of the County community.
(3) 
Practice nondiscrimination.
(4) 
Have accounting (budget) procedures.
(5) 
Use funds in accordance with the application.
(6) 
Demonstrate community support.
(7) 
Request funds only for a program which does not receive full funding from other sources of revenue.
C. 
Awards are subject to Levy Court approval. Meeting these criteria does not guarantee that funds will be awarded.
[Adopted 12-18-2001 (P-84)]
This Policy establishes minimum format and review provisions for all contracts or agreements to provide services or products to the County.
A. 
All services or single-purchase products provided to the County and valued at more than $2,500, but less than $10,000, shall be subject to written approval by the department head or division head. All services or single-purchase products provided to the County and valued at $10,000 or more shall be subject to a written contract or agreement, except those products or services secured under state, sole source, or other approved group or contractor agreements.
B. 
All proposed contracts and agreements shall be reviewed by the County Attorney, and his or her approval as to form shall be noted by signature. The County Attorney may demand changes to any contract or agreement. If the County Attorney or the County employee responsible for the administration of the proposed contract or agreement disagree about wording or interpretation, either may request clarification or direct approval from the approving authority (Levy Court or County Attorney). Encumbrance for services or products shall not be initiated until the proposed contract or agreement is approved.
C. 
At a minimum, each contract or agreement shall include language which substantially protects the County by addressing the following areas: identification of parties; scope of services; contract length; terms of payment; breach of contract; hold harmless or insurance; and applicable law.
(1) 
The identification of parties should identify Kent County Levy Court and the name and nature (partnership, trade name, corporation, etc.) of the contractor or provider of a product(s) or services, along with the state of incorporation.
(2) 
The scope of services should list as specifically as possible the product(s) or services to be provided.
(3) 
The contract length should identify when the product(s) or service is expected to be delivered and should include terms for any delays.
(4) 
The terms of payment should identify the cost of the contract and how much and under what circumstances payment(s) should be made to the provider of a product(s) or service.
(5) 
Breach of contract provisions should identify that a material breach of duties and obligations may result in legal action after notice, including the recovery of reasonable counsel fees.
(6) 
Hold harmless provisions should identify that the provider of a product(s) or services will hold the County harmless for any injury occurring as a result of the product or its use or by the individuals providing the service or participating in an event. Service providers should maintain their own worker's compensation insurance or general liability insurance coverages and provide proof of same.
(7) 
Applicable law provisions should identify that interpretation and enforcement of the contract will be under the laws of the State of Delaware.
D. 
Contracts or agreements exceeding $25,000 or for unique and special services requiring approval by the Levy Court shall be reviewed and approved by the County Attorney in advance of submission to the Commissioners. Standard form or "boiler plate" contracts may be reviewed and the contract form approved in advance by the County Attorney without additional review if there is no deviation from the approved format. If an emergency situation requires immediate consideration by the Levy Court prior to review by the County Attorney, the approval or award may be granted pending review of the documents.
[1]
Editor's Note: See also § 22-9, Procurement Policy.