May 17, 2011 Minutes
May 17, 2011 Minutes (PDF, 8 KB)
A meeting of the State Use Committee was held on May 17, 2011. Chairman David Eldridge called the meeting to order at 1:00 P.M.
Sign in sheet
Call to Order
Mr. Eldridge called the meeting to order at 1:00 P.M. and welcomed everyone.
Corrie Smith conducted the roll call; Dr. Bryson and Audrey McCrimon were not present.
Approval of Minutes
Mr. Eldridge asked for a motion to approve the minutes of the April 27th Meeting. A motion was made by Member Dick Gloede and seconded by Member David Dailey, the minutes were unanimously approved.
Mr. Eldridge asked the staff to give an update on the 5 Year Plan Task Force. Brynn Henderson explained to the group that the Task Force did a SNOT analysis (Strength, Need, Opportunity and Threat). The next meeting is scheduled for May 24th.
Mr. Eldridge asked if we were now ready to act on the proposed contracts.
Committee Staffer Brynn Henderson began reading the contracts, but it was mentioned by BOSS COO Jan Morrow contract 11-59375 needed to be tabled. Mr. Eldridge asked Ms. Morrow to identify all of the contacts that needed to be tabled. He stated there were matters on the list that needed additional review. Committee Staffer Corrie Smith asked if a vote was only being taken on CMS janitorial contracts. Mr. Eldridge said yes.
Mr. Gloede inquired as to the number being tabled and the rationale for the tabling. Mr. Eldridge pointed out that a review of the process was being undertaken due to having learned that the State Use Committee has historically been voting on contracts for agencies outside of CMS without the contractual language having been drafted in advance of the State Use Committee meeting. Mr. Eldridge pointed out that the legal question was whether such was the appropriate course of action or whether the contractual language should exist prior to the vote. He mentioned that the hope was that a review of the language in the statute and rule would have been concluded by 1:00 p.m. (the time of the meeting). He mentioned that the language in the statute and rule needed a full vetting by legal to determine what the process should be going forward. He mentioned that the issue was complicated and had not been previously reviewed. Mr. Eldridge stated that he wanted to make sure that, as matters are identified, whatever is brought to the State Use Committee is as valid as possible for the sake of those taking votes. It was stated that there was every reason to believe that there would be an answer on the issue by the end of the next week.
Mr. Gloede asked what would be the affect on contracts approved prior to the current meeting. Legal Counsel Ellen Daley responded that there would be no affect on them. Mr. Eldridge said that a matter has come to our attention of which we were not fully aware and now it is our legal duty to make certain we are doing it properly going forward.
Mr. Gloede asked what would happen to the contracts not being voted on during the meeting. Ms. Smith answered that all the contracts on the list have an expiration date of June 30, so nothing will happen to them.
Ms. Smith read the contracts and identified which contracts were not CMS janitorial contracts. Thirty eight contracts were presented to the Committee for vote. These contracts represented 208 jobs at a value of $4,897,169.24. ( Votes on contracts)
A motion was made by Member Dan Strick and seconded by Mr. Gloede to approve the contracts. The contracts were unanimously approved. There is a clause at the bottom of the vote sheet stating that the prices offered are reasonable and would not be substantially more if this procurement were to be competitively bid. Each committee member is to sign, date and return to State Use Office for filing.
Future Meeting Dates
The next meeting date is scheduled for June 14th at 1:00, at the same locations. Another meeting may be scheduled for June 2nd to vote on the tabled contracts.
A motion to adjourn was made by Member Curt Massie and seconded by Mr. Dailey. All were in favor. The meeting adjourned at 1:30 P.M.