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File #: 2018-988    Version: 1 Name:
Type: Policy Status: Passed
File created: 11/5/2018 In control: Board of Directors Workshop Meeting
On agenda: 11/14/2018 Final action: 11/14/2018
Title: GLWA Procurement Policy
Sponsors: Nicolette Bateson
Indexes: Finance
Attachments: 1. Blackline Version of Procurement Policy for Board 11.14.2018.pdf, 2. GLWA Procurement Policy for Board 11.14.18.pdf, 3. GLWA-Procurement-Policy-FINAL11.14.18
Title
GLWA Procurement Policy

Body
Agenda of: November 14, 2018
Item No.: 2018-988
Amount: N/A

TO: The Honorable
Board of Directors
Great Lakes Water Authority

FROM: Sue F. McCormick
Chief Executive Officer
Great Lakes Water Authority

DATE: November 14, 2018

RE: GLWA Procurement Policy

MOTION

Upon recommendation of Nicolette Bateson, Chief Financial Officer & Treasurer, The Board of Directors (Board) of the Great Lakes Water Authority (GLWA), approves the GLWA Procurement Policy with an immediate effective date; and authorizes the CEO to take such other action as may be necessary to accomplish the intent of this vote.

BACKGROUND
The Board approved its first Procurement Policy in October 23, 2015, pursuant to the By-Laws, Article XIII, Section 2. The approved Policy, Section 1.5, calls for a review of the Policy every two years.
A presentation of the Proposed, Amended Procurement Policy was made to the Board of Directors on October 10, 2018 for their review. Board members then commented on the Proposed, Amended Policy either in writing or in discussions with staff before the Board as a whole at its regular meeting held on October 24, 2018. Three key issues were discussed at the October 24th meeting.
1) Section 4.5 (Intergovernmental Agreements and Cooperative Procurements): A question was raised regarding whether GLWA Board approval is required for all intergovernmental agreements. Based on state law, approval of intergovernmental agreement depends on the purpose of the agreement. For example, the Intergovernmental Transfers of Functions and Responsibilities Act requires the governing body approve the intergovernmental agreement. MCL 124.531. Since federal or state law prevails if there was a conflict with the Policy, it is recommended that the policy be silent on the matter with the evaluation of each intergovernmental arrangement be evaluated on its own merits. For example, a cooperative purchase of equipment f...

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