Travis County Commissioners Court
July 28, 2009,
Item 11
Moving back to 11 a, consider and take appropriate action on revised Travis County purchasing and policy procedures manual to replace chapter 32 of the Travis County code.
11 b, amend Travis County fixed asset policy and procedure manual to replace section 4.6.1 of chapter 33 of the Travis County code.
>> thank you judge and commissions, last week I presented a powerpoint presentation for going over all of the changes.
there was some questions about you wanted us to get together with the county attorney, which we did, late yesterday afternoon.
so I apologize for the backup.
but what I have passed out to you is two staples, copies of three.
the first one it actually has a line marked out.
on what we changed.
there was some question about the interlocal agreements and whether the purchasing agent could make any changes to those interlocals.
and the attorneys do not believe that you can delegate that authority to the purchasing agent.
so -- so I have agreed to delete that authority.
i told bonnie she was wanting too much power, she tried it anyway.
she's not here to defend herself.
>> [laughter] but -- but we have taken that out.
all -- all interlocals come to you all anyway and -- and so we'll be bringing back in amendments to interlocals, also.
i would point out to the departments and the court that any interlocal that involves the purchase of a good or services here in maintenance has to go through my office before it comes to Commissioners court.
we need to know what we're going to be purchasing and we look to make sure that -- what the auditor of the funding is verified.
>> how frequently is that occurring?
>> we had -- in fact this morning I was going to run a query on how many interlocals we have.
i'm guessing that we have well over 150 interlocals.
across the county.
a lot of them I don't even know about.
we try years and years ago to get a centralized, you know, get them all centralized in the system.
even if they don't involve an expenditure of funds, we have -- we think -- all of the ones that require an expenditure of funds which means that I have a issue a purchase order.
but there's a lot of interlocals that are other counties paying us, revenue generating contracts.
what comes to my mind is inmate housing out of county.
those are interlocals, moneys coming in.
i apologize, I didn't run that query this morning.
>> that's all right.
>> nothing will change with interlocals, I will still bring all of the amendments to you or the departments will be bringing amendments to you.
the second -- the second -- on the second page, I have sort of scribbled that's why I gave you the other page for the actual wording.
but in the new last session, not this session but last session, the legislature gave us the authority to do a best value procurement, r.f.p., allow us to negotiate terms and conditions and price.
and I had asked that the court give me the authority to make that best interest determination without coming to court.
however, when john and his folks read it literally, it says that the -- that the purchase being agent can make -- purchasing agent can make it with the consent of the Commissioners court.
what will happen is each time me and the department feel like a request for proposal would be better than doing a bid, if a bid was legally required originally, then we will be coming to court and getting your consent to do an r.f.p.
instead of a competitive bid.
unless you all want to give me that authority again.
mr.
hilly.
>> we don't want to put that pressure on you, ms.
grimes.
>> all right.
as I had mentioned last week, we have not done any of these.
so -- so we haven't used it very frequently.
if you know what you are getting and your specifications are very clear and there's no -- there's no gray areas, a bid is the best, most efficient way to do it.
if you are talking about -- about some sort of a service or some sort of a complex ongoing maintenance, support services, that sort of a thing, it makes sense to look at a -- a best value request for proposal process.
so we might be bringing more of those to you within the next year.
the third issue on the third page, we we have -- we have gone back and forth on exemption orders for years.
we have a lot of exemption orders for things like -- you know, there's a lot of exemptions in the purchasing act that we can do exemption orders from.
public safety and health, sole source, professional services, there's a whole list of those.
and there was a discussion about exemption orders.
mr.
hilly clarified that saying if the court exempts a specific contract, then the duration is only for that contract.
now, we do have -- we do have what john likes to call global exemptions.
we have global exemptions for things like professional services, what comes to my mind is medical services for the inmates.
i don't have to come to court every time and ask for an exemption for that specific service.
if we had an exemption in mind.
another thing is defibrillators.
heart defibrillators, we have an exemption order for those.
we want to keep the same type of equipment for compatibility, training, maintenance issues.
there are good reasons to exempt things, but we're very cautious with it.
this is just sort of a clarification that if we have a -- an exemption order that it does not necessarily, you know -- it is not necessarily for everything at any time.
there's some that are very specific to a contract.
>> right.
>> what we look for whenever we see those global orders come through is when she -- when she does her orders that she still lists all of the contracts that are a part of that whole slew of -- of services that are being exempted.
>> the description that you just gave greatly exceeds the language before us.
so my question is, is the language before us what we would put in the code or are you still working on the language.
>> no.
she's already inserted a phrase in the contract for the duration.
it would be on your new page 16 --
>> how would you read that?
>> it reads correctly an exemption order approved by the Commissioners court for a specific contract shall be in effect until rescinded by the court.
so she's not the language in there.
it is correct.
>> I don't have the language that you just read.
>> very last page of the backup that she handed out.
>> here it says an exemption order of a contract.
>> clean copy.
>> last page.
>> very last page has got that clean copy.
>> [multiple voices]
>> all the extension that I was referring to, judge, are in the chapter that talks about exception -- exemptions to the competitive procurement process, chapter 16 in the manual.
in that chapter it lists all of the exemptions allowed bylaw.
this is just sort a general --
>> okay.
>> general -- we thought clarified exemption order issues.
>> so if we go to the code and the language other than what's here there will be criteria set out guiding us on -- on when to -- when an exemption order is appropriate?
>> yes, sir.
chapter 16 lists all of those exemptions.
>> okay.
>> there's a bunch of 'em.
>> okay.
anything else?
>> I think that was all.
barbara might have some other questions, but hopefully not.
and I think we're -- I'm ready for approval if you all do want barbara to take another couple of weeks to review it, I'm fine with that.
it's up to the court.
and --
>> are you hinting that barbara works --
>> we were e-mailing last night about 8:00, I think.
>> I managed to get mine out by 5.
surprise, I told her it would be about 7:00.
>> do we need another week?
>> I have not looked at the final document.
if all of it as presented, I don't expect there to be any legal issues.
just a question of whether you want to look at it personally or you want me to look at it personally to see if everything is exactly as presented.
>> would we consider this to be a significant document for Travis County?
>> this is a significant document for Travis County.
>> then why don't we take another week, to see the final document.
>> and the next week if -- if it looks like everything is in shape, we'll just make it part of the consent motion.
mr.
reeferseed may have a question or two about it.
why don't we plan to approve it next week, how's that?
that way we can see the final wording.
>> I'm going to be out next week.
if you want to wait two weeks or if you want to do it on consent that would be wonderful.
i will get marvin to come down.
>> we may as well do it on consent next week to show you that ms.
wilson can do it in one week rather than two.
>> barbara and I worked 15 years ago barbara and I worked a long time on drafting this document.
so barbara has had a big hand in this document over the years.
i do want to thank the -- in fact daily I sent that article, I thought they did a really good job of summarizing the information that we -- that was presented last week.
he stepped out but I appreciate the article.
it was a very positive one and highlights our h.u.b.
program, our environmental issues, and so I thought it was a nice, positive article.
>> they are doing a good job.
>> try not to brown nose to the media.
next Tuesday is what, August 4th?
>> August 4th.
>> okay.
we'll have it back on August 4th just in case it's ready for approval.
we will give you your glory after approval, ms.
grimes.
>> I'll be here.
>> doesn't this make your vacation all that much better when you get the e-mail that says approved on consent.
thank you all very much.
>> okay.
>> thank you.
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Last Modified:
Tuesday, July 28, 2009 2:31 PM