Rules of the Contracts and Purchasing Board of Cuyahoga County, Ohio

Transcription

1 I. Authority Ordinance No. O County Council adopted and the County Executive signed Ordinance No. O : Contracting and Purchasing Procedures Ordinance on September 13, 2011 (Appendix 1). The legislative summary of Ordinance No. O describes it as: An Ordinance amending Ordinance No. O , as amended in Ordinance Nos. O and O , which enacted a Cuyahoga County Contracts and Purchasing Board, Contracting and Purchasing Ordinance, and declaring the necessity that this Ordinance become immediately effective. II. Membership and Duties of Officers 1. Membership Contracts and Purchasing Board membership will consist of the following five (5) county officials: (A) the Cuyahoga County Executive, (B) the Fiscal Officer, (C) the Director of Public Works, (D) the Director of Procurement and Diversity, and (E) the Chief of Staff 2. Quorum A quorum for the Contracts and Purchasing Board shall consist of three (3) members or their alternates. 3. Member Alternates and Vacancies The County Executive will appoint alternates for each member of the board. The County Executive shall serve as Chairperson of the Contracts and Purchasing Board and the Chief of Staff shall serve as Vice Chairperson. If both the Executive and the Chief of Staff are absent from any meeting, the Contracts and Purchasing Board shall choose one of its members to chair that meeting. For the purposes of this section, County Executive and Chief of Staff shall include their alternates. 4. Clerk of the Board The County Executive shall designate one staff person, who shall be the Clerk of the Contracts and Purchasing Board, who shall publish agendas and meeting notices and record and publish minutes. II. Meetings and Agenda 1. Regular Meeting Time The Contracts and Purchasing Board shall meet each week at 11:30 AM on Mondays in the Fourth Floor Multipurpose Room of the County Administration Building. The County Administration Building is located at 1219 Ontario Street, Cleveland, Ohio The Chair of the Contracts and Purchasing Board may choose to cancel the Contracts and Purchasing Board when need arises. He/she will notify the Clerk of the Board to post the cancelation on the county website and in the county administration building. Cancelation shall, whenever possible, be made at least 24 hours prior to the meeting. 2. Process for Special Meetings Adopted: 09/26/2011 1

2 The Contracts and Purchasing Board may conduct a special meeting at a time other than its regularly scheduled time. In the event of an emergency, the Contracts and Purchasing Board may conduct a meeting with less notice than that required by Section 2.14 of the Contracts and Purchasing Policies Ordinance. For any special or emergency meeting, in addition to the notice requirements of Section 2.14, the Contracts and Purchasing Board shall also send notice to all news media organizations that request to be notified of such meetings. A meeting may be conducted with less that twenty four (24) hours only to respond to an emergency concerning which immediate official action is required, and the notice and agenda shall state the nature of the emergency requiring such action. 3. Publication of Agenda The Clerk of the Contracts and Purchasing Board shall publish the notice and agenda for each meeting on the county's website, post them at its office, and send them by electronic mail to each member of the board no later than 6:00 P.M. on the second business day before the meeting. For each proposed contract to be considered, the agenda shall list the type of contract, a summary of the scope of work, the anticipated costs, the expected schedule of payments by fiscal year, the source(s) of funding, the anticipated start date, and the vendor's name. For agenda items other than contracts, the Contracts and Purchasing Board shall specify in its rules what documentation shall be submitted with the request. 4. Process for Consideration of Items Not on Agenda The Contracts and Purchasing Board may, by 2/3 vote of members present and a minimum of three (3) affirmative votes, allow consideration of items not on the agenda or items submitted after the deadline for submission of items established by the Clerk of the Contracts and Purchasing Board. 5. Consent Agendas As stated in the Contracts and Purchasing Procedures Ordinance, Section 2.10, the Board may use consent agendas that allow it to act upon multiple items with a single action. Board members may request that any consent agenda item to removed, discussed, or held from action. IV. Submission Process 1. Processing and Information Requirements for Contracts and Purchasing Board Items The following transactions and other actions shall require approval by the Contracts and Purchasing Board: a) All contracts, purchases, sales, grants provided by the County, and loans provided by the County for $ or more that do not otherwise require County Council or Board of Control approval. b) Any other contract, contract amendment, change order, purchase, sale, lease, grant, loan, exemption, procedure, or any other action that requires approval by the Contracts and Purchasing Board pursuant to any other provision of the Contracts and Purchasing Procedures Ordinance or any other County ordinances. This includes requests for an exemption from the requirements of competitive bidding that: 1) state that the use of competitive sealed proposals would be advantageous to the county and the contracting authority complies with Section of the Ohio Revised Code, as modified by Section 4.13(B) 3.13(B) of the Contracts and Purchasing Procedures Ordinance. Adopted: 09/26/2011 2

3 2) the program, contract, or agreement is funded through a federal, state, or other grant or program and is awarded by the County to the recipient(s) pursuant to the criteria or requirements of the grant or program. To be eligible for this exemption, the program s criteria and requirements for the selection of the recipients must first be approved by the Contracts and Purchasing Board. This approval can be done singularly for the entire program without the need for individualized consideration. 3) Request to the Contracts and Purchasing Board for approval to seek a contract with or purchase from the sole source provider. A sole source request will be considered when the contracting authority is unable to identify more than one source through which the contract or purchase can be made pursuant to the requirements of Sections 4.4(d) and (e) of the Contracts and Purchasing Procedures Ordinance The request for approval shall be made on a form established by the Office of Procurement and Diversity, and approved by the Law Department, and shall include a verified statement by the vendor, subject to the penalty of perjury, certifying the vendor s sole source status. If the sole source request is approved, the purchase or contract must still receive the requisite approval by the County Council, Board of Control, or Contracts and Purchasing Board pursuant to Section 3.10,3.11, or c) Exemption from Requests for Proposals, when presented with any changes or additional requirements deemed appropriate by the Board. d) Procedure for Board s Preapproval of Unforeseen, Time Critical, Mission Critical Purchases. 1) The Contracts and Purchasing Board may preapprove unforeseen, time sensitive, mission critical purchases and expenditures under $25, under the following conditions: a. The County s Work Hours: i. The purchasing department/center/office/court obtains three quotes for the proposed purchase. The quotes may be obtained telephonically or online, but the quotes must be documented in detail. ii. The Office of Procurement and Diversity concurs, based upon the purchasing department/center/office/court s representations, with (a) the time sensitive, mission critical nature of the purchase and (b) the validity of the three quotes or inability to obtain the quotes. The Department s concurrence may be telephonic, but must be documented. iii. The purchase is made using the lowest and best quote after compliance with the requisite procedures. iv. The purchase is brought before the Contracts and Purchasing Board for a confirmation vote at its next regularly scheduled meeting. At the same meeting, the Board may vote to preapprove additional unforeseen, time sensitive, mission critical purchases for the department/office/court in an amount that restores the department/center/office/court s preapproved purchases to its original approved limit. b. Outside of the County s Work Hours. Adopted: 09/26/2011 3

4 i. The purchasing department/center/office/court obtains three quotes for the proposed purchase. The quotes may be obtained telephonically or online, but the quotes must be documented in detail. ii. The director or court administrator of the County Department that is created by Charter or County Ordinance/the Information Services Center/Charter Office /Court certifies (a) the time sensitive, missioncritical nature of the purchase and (b) the validity of the three quotes or inability to obtain the quotes. If the Director is not available, the certification may be made by the Executive s Deputy Chief of Staff with jurisdiction over the applicable Department, Center, or Office. iii. The purchase is made using the lowest and best quote. iv. The purchase is brought before the Contracts and Purchasing Board for a confirmation vote at its next regularly scheduled meeting. At the same meeting, the Board may vote to preapprove additional unforeseen, time sensitive, mission critical purchases for the department/office/court in an amount that restores the department/center/office/court s preapproved purchases to its original approved limit. 2) The Contracts and Purchasing Board shall monitor the usage of the pre approved purchases. The Board, in its sole discretion, may immediately and without prior notice, revoke or lower the dollar amount of any preapproved purchases of any department/office/court if the Board determines that such action is warranted for misuse. e) Any other contract, contract amendment, change order, purchase, sale, lease, grant, loan, exemption, procedure, or other action that does not otherwise require approval by the County Council, Board of Control, or the Contracts and Purchasing Board, but the County Executive determines to submit to the Contracts and Purchasing Board for its consideration, review, and approval or denial. 2. Deadline for Submissions The Clerk of the Contracts and Purchasing Board, in consultation with the Director of the Office or Procurement and Diversity, may set a deadline for the submission of items for consideration by the Contracts and Purchasing Board. V. Order of Business The order of business will include the following agenda items: 1. Call to Order 2. Public Comment 3. Review and Approve Minutes 4. Tabled Items Returned for Review 5. New Items for Review 6. Other Business 7. Adjournment Adopted: 09/26/2011 4

5 VI. Parliamentary Procedure The Cuyahoga County Contracts and Purchasing Board will adopt a Simple Parliamentary Procedure for the running of Board meetings. 1. Introduction of business. All items requiring action will be presented and voted on by the Contracts and Purchasing Board. Contracts, agreements, and other items requiring execution by the County Executive will be presented during the Tabled Items Returned for Review and New Items for Review portions of the meeting. 2. Presentation of item detail. The item s presenter will have the opportunity to present the item and make a brief statement on the merits of the requested action. Immediately following the presentation, Board members may directly ask questions of the presenter. 3. Board discussions. Board member discussion of the item will take place following the questions of the presenter. The item s presenter may be included in the discussion. At the direction of the Chair or his/her alternate, any item may be tabled for future consideration during discussion. An item may also be tabled by its presenter. 4. Voting. The Clerk of the Board will call the vote. The Clerk will ask for all members in favor of the motion to say "aye". He or she will then ask for those opposed to the motion to say "no". Except as provided in Section 2.9 of the Contracts and Purchasing Policy Ordinance, a motion to approve or disapprove any item before the Contracts and Purchasing Board shall require the affirmative vote of any three (3) or more members. Amendments to items before the Contracts and Purchasing Board and parliamentary motions may be adopted by a majority of those present, provided that a quorum is present. Contracts and Purchasing Board staff will present a written Contracts and Purchasing Board Letter to document each board member s signature and vote. 5. Motion Outcome The Clerk of the Board will announce the outcome of the vote. Any Contracts and Purchasing Board member may request to the Chair that the Board reconsider an item that has been acted upon during that meeting. Reconsidered items can be opened for discussion and voting. VII. Voting 1. Duty to Vote Except for Recusal Every Member present shall vote on every question in the Contracts and Purchasing Board, unless the Member has recused him/herself. A Member shall recuse him/herself from voting whenever the Member has a personal or monetary interest in any manner under consideration or when voting on the matter could for any reason constitute a violation of state or county ethics law. 2. Regular Voting Process Adopted: 09/26/2011 5

6 Except as provided in Section 2.9 of the Contracts and Purchasing Board Ordinance, a motion to approve or disapprove any item before the Contracts and Purchasing Board shall require the affirmative vote of any three (3) or more members. Amendments to items before the Contracts and Purchasing Board and parliamentary motions may be adopted by a majority of those present, provided that a quorum is present. VIII. Open Meetings, Executive Session, Specific Notice All meetings of the Contracts and Purchasing Board shall be open to the public and shall begin by providing time for public comment on matters that are on the agenda for that day. The Contracts and Purchasing Board shall also provide time for public comment, either at that time or later in the meeting, on matters that may come before the Contracts and Purchasing Board in the future. The Contracts and Purchasing Board may also require presenters to register with the Contracts and Purchasing Board before speaking and may set a time limit on presentations, which may be extended at the discretion of the Chairperson. Notwithstanding the requirement in Section 2.11 of the Contracts and Purchasing Board Ordinance for open meetings, the Contracts and Purchasing Board may go into Executive Session, only to discuss one or more of the topics permitted to be discussed in Executive Session according to Section of the Ohio Revised Code. The published agenda for any meeting at which the Contracts and Purchasing Board goes into Executive Session must include notice of the intent to go into Executive Session and a general description of the subject matter to be discussed. Prior to going into Executive Session, the Contracts and Purchasing Board must approve a motion to go into Executive Session. That motion must be approved by a majority of members present by roll call vote, with a quorum being present, and the motion shall state the topic(s) to be discussed in Executive Session and that no other topics may be discussed. IX. Records, Minutes & Reports 1. Public Records Policy The Contracts and Purchasing Board shall be subject to all state laws and county ordinances concerning public meetings and public records. 2. Keeping and Publication of Minutes The Clerk of the Contracts and Purchasing Board shall promptly prepare and publish the minutes of each meeting of the Contracts and Purchasing Board on the county's website, which shall in no case occur later than one week after each meeting. 3. Journal of the Contracts and Purchasing Board The Clerk of the Contracts and Purchasing Board shall maintain a Journal of the Contracts and Purchasing Board, which shall be posted on the county's website and shall be maintained as a permanent file, which may be in an electronic format. The Journal shall include the notice, agenda, and minutes of all Contracts and Purchasing Board Meetings; all contract progress reports received by the Contracts and Purchasing Board; and any other items deemed appropriate by the Clerk of the Contracts and Purchasing Board. X. Decorum & Public Participation 1. Decorum Required Adopted: 09/26/2011 6

7 Visual Demonstrations Prohibited No posters, placards, banners or signs shall be carried into Council Chambers or into any committee meeting. Respectful Presence Any applause, outburst, or demonstration during any Council or committee meeting shall be permitted only when respectful toward all persons present and not disruptive of the proceedings at the meeting. Taping & Recording Permitted No one may film, tape, or record any meeting of the Contracts and Purchasing Board in a way that disrupts or significantly interferes with the conduct of the meeting. Anyone who intends to film, tape, or record any meeting of Contracts and Purchasing Board is requested to register with the Clerk prior to the meeting on a written form that will be provided for this purpose. 2. Process for Public Comment All meetings of the Contracts and Purchasing Board shall be open to the public and shall begin by providing time for public comment on matters that are on the agenda for that day. The Contracts and Purchasing Board shall also provide time for public comment, either at that time or later in the meeting, on matters that may come before the Contracts and Purchasing Board in the future. The Contracts and Purchasing Board may also require presenters to register with the Contracts and Purchasing Board before speaking and may set a time limit on presentations, which may be extended at the discretion of the Chairperson. XI. Amendment The Contracts and Purchasing Board may revise or amend these Rules by adoption of a motion with at least three (3) affirmative votes. Proposed substantive amendments shall be read, either in full or by title, at two (2) Contracts and Purchasing Board meetings before being adopted. XII: Suspension of Rules Any of these Rules may be suspended by vote of 2/3 of Contracts and Purchasing Board Members present, provided that a quorum is present and no action is taken that is contrary to law or outside of the Contracts and Purchasing Board's legal authority. Adopted: 09/26/2011 7