HomeMy WebLinkAboutResolutions - 1991.12.12 - 18418COUNTY MICHIGAN Daniel T. Murphy, Oakland County Executive
December 20, 1991
Oakland County Board of Commissioners
Commissioners' Auditorium
Pontiac, Michigan
Ladies and Gentlemen:
I vetoed Miscellaneous Resolution #91257 Purchasing Division Professional
Services Contract Policy Revisions.
While I support the vast majority of said resolution, I cannot support the setting
of rates before the competitive bid process. The setting of rates would
necessitate considerable additional work if it is to be done in a meaningful way.
In effect, the Purchasing Division would have to "pre-bid" professional services.
This, in turn, would negate the competitive bid process.
A number of private and public organizations were surveyed and no one could be
found to have pre-set rates as part of the solicitation of bids. Further, we were
cautioned the presetting of rates sets both the maximum rate AND the minimum
rate. All spoken with urged against such a practice.
In summary, I am vetoing Miscellaneous Resolution 91257 because the pre-setting
of rates is an imprudent and costly business practice.
Very truly yours,
Daniel T. Murplfy
COUNTY EXECUTIVE ,
Executive Office Building • • 1200 North Telegraph Road • Pontiac, Michigan 48341 • (313) 858-0484
REPORT December 12, 1991
BY: GENERAL GOVERNMENT COMMITTEE-
Richard G. Skarritt, Chairperson
RE: MISC. RES. #91257, DEPARTMENT OF MANAGEMENT &
BUDGET/PURCHASING DIVISION - PROFESSIONAL SERVICES
CONTRACT POLICY REVISIONS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above
referenced resolution, reports with the recommendation that the
resolution be adopted with the deletion of item (B).
Mr. Chairperson, on behalf of the General Government
Committee, I move the acceptance of the foregoing report.
Miscellaneous Resolution # 91257 November 21, 1991
BY: FINANCE COMMITTEE-G. William Caddell, D.C., Chairperson
RE: Department of Management & Budget/Purchasing Division -
Professional Services Contract Policy Revisions
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Ad Hoc Professional Services Contract Review
Committee has completed a comprehensive review of current policies
and practices as they relate to professional services contracts
entered into by Oakland County; and
WHEREAS the results of this review process indicate that
adoption of certain policy revisions would serve to enhance the
County's practices regarding the administration of professional
service contracts from initiation of Requests for Proposals through
selection, implementation, monitoring and evaluation; and
WHEREAS the Oakland County Purchasing Division currently
operates under the administrative guidelines specified in the
Purchasing Division's Policies and Procedures Manual which includes
Qualification-Based Selection (QBS) utilized in the selection
process for professional service contracts involving architects and
engineers.
NOW THEREFORE BE IT RESOLVED that, in recognition of the
importance that the purchasing function be conducted in a fair and
consistent manner and that one of the most important aspects of a
sound purchasing system is to have written policies and procedures,
the Oakland County Board of Commissioners adopts the following
recommendations which shall be incorporated into and made a part of
the Oakland County Purchasing Policies and Procedures Manual:
A. All Requests for Proposals (RFPs) for professional
services require inclusion of the entire scope of
services to be rendered and divided into phases, if
appropriate, such that each phase may be bid on
separately.
B. For any given professional service request, there shall
be an establishment of rates based on qualifications and
experience.
C. All proposals and contracts for professional services
shall specify the amounts and rates to be charged for
services rendered, as well as a maximum amount which
cannot be exceeded without further authorization.
D. All Professional Service contracts that affect services
otherwise provided by County personnel shall be reviewed
by the Personnel Department and reported to the Personnel
Committee prior to a final decision.
E. All RFPs shall require that professional service
proposals and contracts clearly indicate any in-kind
services which may be necessary to the successful
completion of the contract. The County will determine
the cost of these services and shall consider this in the
proposal evaluation and selection process.
F. All professional service contracts shall include a
provision that authorizes the County's Auditing Division
to perform financial and compliance audits as appropriate
with authority to access all pertinent records and
interview any of the contractor's employees throughout
the term of the contract and for a period of three years
after final payment to ensure a complete post-evaluation.
G. Within the Purchasing Division there shall be a Summary
Computer Program for all Professional Service Contracts
which are cumulatively over $5,000 annually. The
Purchasing Division will report to the •Finance and
General Government Committees in thirty days regarding
the status of this program.
H. There shall be monthly reports to the Finance Committee
and appropriate liaison committee(s) of any contracts
which are exceptions to the policies and procedures
including sole-source, sole-vendor, contracts over
. established rate and contracts awarded to other than low
bidder.
I. PP-200 of the Manual shall be changed by deleting the
. following from the list of Divisions with purchasing
authority: (B) Oakland County Facilities Engineering, (C)
Oakland County Department of Public Works, and (E)
Oakland County Property Management.
J. PP-030, Item F, shall be amended to read: Formal
specifications are well suited to technically complex
items that cannot be accurately described by more
standard methods. Technical consultants used in
preparing formal specifications shall be precluded from
bidding on their own specifications for that job.
K. To avoid any real or perceived conflict of interest, all
proposals or contracts for Professional Services should,
to the extent possible, identify any relative (as defined
in Rule 18, Section II (A) of the Merit System) of the
contractor of his/her employees who are presently
employed by Oakland County.
L. For purposes of these foregoing policies and procedures,
the documents affected shall be those commonly known as
"Professional Service Contracts, Maintenance Contracts,"
independent employment contracts, consulting services and
agency-hired contractors or third parties.
Mr. Chairperson, we move the adoption of the foregoing
resolution.
HERE!'n' VETO T1-4E FOREGOING RESOLLI
Resolution # 91257 December 12, 1991
Moved by Caddell supported by Pappageorge the resolution be adopted.
Moved by Caddell supported by Gosling the resolution be amended to agree with the General
Government Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Moved by Millard supported by Pappageorge the resolution be amended under Item "B" by
adding the word "maximum before rates. Item "B" would read: "For any given professional service
request, there shall be an establishment of maximum rates based on qualifications and experience."
Also, item "D" be amended to read: "All professional Service contracts that affect
services otherwise provided by County personnel shall be reported to the Personnel Committee."
A sufficient majority having .voted therefor, the amendment carried.
Vote on resolution,. as amended:
AYES: Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Schmid, Serra, Skarritt, Wolf,
Aaron, Caddell, Crake, Huntoon, Jensen, Johnson, Krause, McConnell, McCulloch, McPherson. (20)
NAYS: Pernick, Gosling. (2)
A sufficient majority having voted therefor, the resolution, as amended, was adopted.
• STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County .Board of Commissioners on December 12, 1991
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 12th day or) December ,,;;. 1991
1nL 1 '`. (YY/i.---- v ,..,Y—<.,...c.,..., ......,. ,,,t---,..----L-, ...A.,f A' Z.7.-.. _.,..,.•._=,.._.- -... LynnA. Allen, county Clerk