HomeMy WebLinkAboutResolutions - 1994.02.10 - 24067MISCELLANEOUS RESOLUTION 94015
BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: Management & Budget Department/Purchasing Division -
Amendment of OAKLAND COUNTY PURCHASING PROCEDURES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted
Misc. Resolution #92027 revising the policies and procedures for
professional service contracts and incorporating those changes into
the OAKLAND COUNTY PURCHASING POLICIES AND PROCEDURES MANUAL; and
WHEREAS the Michigan State Legislature approved Public Acts
167 and 168 of 1993 which require all local units of government to
conduct a sealed competitive bid process for any contract of
$20,000 or more to qualify for State Revenue Sharing payments; and
WHEREAS this bidding requirement does not apply to transac-
tions between governmental units; and
WHEREAS the new law exempts contracts for professional
services, emergency repairs or services if the governing body of
the local unit exempts such services by written policy; and
WHEREAS the current policy and procedures manual could be
improved by adding a section on compliance to ensure uniform use
and application of County procurement practices.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners adopts the following revisions to the OAKLAND COUNTY
PURCHASING POLICIES AND PROCEDURES MANUAL:
1. SECTION P-010 - Purchase orders are not required for the
procurement of materials and supplies in the amount of
$500 or less. Invoices for said materials may be
submitted directly to Accounting Division for payment.
2. SECTION PP-050 - Types of bids and bid procedures.
A. Informal bids are used for expenditures of $0 to $500.
B. Formal bids are used for expenditures between $500 and
$20,000.
C. Sealed bids are used for expenditures of $20,000 and
3. SECTION PP330 - Contravention of or failure to comply
with the policies and procedures prescribed in this
document constitutes a deviation from authorized procure-
ment practices. The Purchasing Division is charged with
the responsibility to administer the policies and
procedures prescribed herein and shall report any
deviations to the Finance Committee of the Board of
Commissioners.
BE IT FURTHER RESOLVED that a temporary ninety (90) day
exemption be granted to the Division of Community Mental Health to
allow sufficient time for the Full Management Transition Team to
review the impact of Public Acts 167 and 168 and propose appropri-
ate regulations suited to their unique requirements.
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MICHIGAN
ASSOCIATION
OF COUNTIES
935 North Washington Avenue
Lansing Michigan 48906
5171372-5374 Fax: 517/482-4599
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TO: County Boards of Commissioners, c/o County
Administrators/Controllers/Executives and Clerks
FROM: Ron Wilson, Senior Legislative Coordinator
DATE: January 6, 1994
RE: Sample Resolution to Comply PA 167 and 168 of 1993
(Sealed, Competitive Bids)
Several counties have contacted me this week for a sample
resolution to comply with the Public Acts 167 and 168 of 1993.
Last fall, the Michigan Department of Treasury issued a memo on
Public Acts 167 and 168 of 1993. The memo stated that counties
need to provide the Department's Office of Revenue and Tax
Analysis with a county approved resolution on sealed competitive
bids by January 31, 1994. Public Acts require counties to have
sealed, competitive bidding for contracts of $20,000 or more,
except for contracts for professional services or emergency
repairs or services pursuant to a written policy adopted or
approved by the county board of commissioners. If a resolution
is not received by January 31, a county will not be eligible for
revenue sharing payments.
SAMPLE RESOLUTION
WHEREAS, the County Board of Commissioners shall
solicit sealed bids for all contracts which the county board
anticipates a total county obligation of $20,000 or more. The
requirement for sealed bids shall not apply to intergovernmental
contracts, contracts for professional services or emergency
repairs, or for the following services:
(list services that will be exempted from the competitive bidding
process)
WHEREAS, at such time as the solicitation of bids is authorized
by the county board, the board shall determine if the authority
to award a bid shall be delegated to a named official, or if the
board reserves to itself the authority to award. the hid.
THEREFORE BE IT RESOLVED, that a copy of this resolution be
provided to the Michigan Department of Treasury Office of Revenue
and Tax Analysis.
State of Michgiao
Department of Treasury
Office of Revenue 81 Tax Analysis
Treasury Building
430 W. Allegan Street
Lansing, MI 48922
REVENUE SHARING ADVISORY
ROCHESTER
CHARLES R OGIER
400 SIXTH ST
ROCHESTER MI 48307
Local Unit Code: 63-2180
Public Acts 167 and 168 of 1993 became law on September 16, 1993. These acts require all local
units of government (city, village, township, or county) to conduct sealed competitive bids for any
contract of $20,000 or more to qualify for state revenue sharing payments. The new law exempts
contracts for professional services, emergency repairs, or services if the governing body of the
local unit exempts such services by a written policy. This bidding requirement does not apply to
transactions between governmental units.
All local units should be in compliance with this new law. The first revenue sharing payment
subject to this new requirement is the income tax payment mailed on November 30, 1993.
Retain a copy of this notice for your records. You may receive additional information to help
you comply with this law from the Michigan Townships Association, the Michgan Association of
Counties, the Michigan Municipal League, or other professional associations.
Please provide the Department of Treasury a copy of a resolution adopted by your governing body
which indicates compliance with Public Acts 167 and 168, or a copy of the resolution of your
governing body adopting a policy to comply with Public Acts 167 and 168. The copy should be
certified by your local unit's clerk and mailed by January 31, 1994, with your Local Unit Code
Number, to:
Michigan Department of Tresury
Office of Revenue and Tax Analysis
Treasury Building
430 W. Allegan Street
Lansing, Ml 48922
Contact the Michigan Townships Association, the Michigan Association of Counties, the Michigan
Municipal League, or other professional associations if you would like additional information on
purchasing policies. For additional information, call Connie Ross, Office of Revenue and Tax
Analysis, at (517)373-2697. /./.
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Attachments
Resolution #94015 February 10, 1994
Moved by McCulloch supported by Powers the resolution be adopted.
Moved by McCulloch supported by Taub the resolution be amended by adding
the following paragraph between the first and second "WHEREAS" paragraph:
"WHEREAS through the introduction of Miscellaneous Resolution
194006, COMPLIANCE WITH PA 167 AND 168 OF 1993 (SEALED, COMPETITIVE
BIDS) by Commissioners Sue Douglas and Shelley Taub, the Board was
advised of the requirement to adopt a specific resolution enunciat-
ing a county policy for sealed and competitive bids."
and add the following as the final paragraph:
"BE IT FURTHER RESOLVED THAT the Board of Commissioners directs the
County Clerk to provide a copy of this resolution to the Michigan
Department of Treasury, Office of Revenue and Tax Analysis."
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt,
Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake,
Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (25)
NAYS: None. (0)
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 February 10, 1994 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 10th day of February 1994.
Lyrqf D. Allen, Couri