EMERGENCY ACCOUNTABILITY PLAN

HAD

HITE

STATE AUDITOR

www.osa.ms.gov

OCAL

OVERNMENTS

Distributed by the Office of the State Auditor as a Public Service

Office of the State Auditor

Shad White, State Auditor

P.O. Box 956

Jackson, Mississippi 39205

601-576-2800 Office

1-800-321-1275 Office In-State

www.osa.ms.gov

[email protected]

EMERGENCY MANAGEMENT .............................................................................................. 3

EMERGENCY DEFINITIONS ............................................................................................. 3

EMERGENCY DECLARATIONS ........................................................................................ 3

EMERGENCY PLANS ....................................................................................................... 3

EMERGENCY OPERATIONS ............................................................................................. 4

EMERGENCY ORDERS, RULES AND REGULATIONS ....................................................... 5

COORDINATION OF MANPOWER AND EQUIPMENT ....................................................... 6

WORKING ON PRIVATE PROPERTY................................................................................ 7

LIABILITY ....................................................................................................................... 8

FISCAL MANAGEMENT ....................................................................................................... 9

POLICIES ....................................................................................................................... 10

RECORDS RESTORATION .............................................................................................. 10

DONATIONS – GIVING AND RECEIVING ....................................................................... 10

BUDGETS, PAYROLL AND TAXES ................................................................................. 11

PURCHASING AND TRAVEL........................................................................................... 11

GENERAL PURCHASING ............................................................................................ 12

WHO ARE YOU? ................................................................................................... 12

Commodities, Supplies and Equipment ........................................................ 12

Computer and Telecommunications Equipment, Software and Services . 12

Construction .................................................................................................... 13

Service Contracts ............................................................................................ 13

Travel ............................................................................................................... 13

THE COMPETITIVE BID PROCESS ........................................................................ 13

GENERAL GUIDELINES – GOVERNING AUTHORITIES ......................................... 14

MASTER LEASE PURCHASE PROGRAM – STATE AGENCIES AND SCHOOL

DISTRICTS (K-12 AND JUNIOR COLLEGE) ........................................................... 14

PROCUREMENT CARD .......................................................................................... 14

EMERGENCY PURCHASING ...................................................................................... 15

THE LAWS ............................................................................................................. 15

VEHICLE USE DURING AN EMERGENCY ............................................................... 17

State Agency and Governing Authority Vehicles ........................................ 17

Rental Vehicles ................................................................................................ 17

Employee’s personal Vehicles ........................................................................ 17

Contract Workers Use of State Owned Vehicles ......................................... 18

EMERGENCY PURCHASING TIPS .......................................................................... 18

PROCUREMENT LINKS .......................................................................................... 19

CONTACT INFORMATION ................................................................................................. 20

P.O. BOX 956 • JACKSON, MISSISSIPPI 39205 • (601) 576-2800 • FAX (601) 576-2650

www.osa.state.ms.us

TABLE OF CONTENTS

EMERGENCY DEFINITIONS

Emergencies of various types are defined in the Mississippi Code of 1972 (Ann.) for

general purposes in Section 33-15-5 and for the purpose of purchasing in Section 31-7-1.

Such emergencies include both locally declared emergencies and larger regional, state or

national emergencies.

II. EMERGENCY DECLARATIONS

Local emergencies may be declared by the governing bodies of county and municipal

governments, individually or jointly, or the president of the board of supervisors or mayor

of a municipality, under authority of Sections 33-15-17 and 33-15-31. If declared by the

president or mayor, the appropriate board must review and approve or disapprove at its

next meeting. The need for continuing the local emergency must be reviewed by the local

governing body at least every thirty days until the emergency is terminated. During a local

emergency, the governing body of a political subdivision may promulgate orders and

regulations necessary to provide for the protection of life and property. Such orders and

regulations must be in writing and shall be given widespread notice and publicity. Section

31-7-13(k) also authorizes local governments to declare emergencies with regard to

purchasing commodities and repair contracts.

The Governor may declare a state of emergency or issue a disaster declaration as provided

in Section 33-15-11. Sections 33-15-11 and 33-15-31 provide the Governor broad

authority to issue orders, rules and regulations as well as enter into appropriate agreements

to deal with local, regional and state emergencies and disasters when he finds that a local

authority is unable to cope with the emergency or upon request of the mayor of a

municipality or by the president of the board of a county. The emergency proclamation

shall be filed with the Secretary of State and be given widespread notice and publicity.

The President of the United States may declare a state of emergency or issue a disaster

declaration under Federal Law. In this case, it is possible that agencies and governing

authorities may later seek reimbursement for some or all of their costs.

III. EMERGENCY PLANS

Local governments should refer to their emergency management officer (Civil Defense

Director, Emergency Operations Center Director and etc...), the local emergency

management plan which is coordinated with the state emergency management plan, and

any existent mutual aid agreements with other governmental entities as provided in

Sections 33-15-17 and 33-15-19. These plans and agreements should provide information,

assistance and contingencies for various emergency needs. Section 17-7-1 also provides

EMERGENCY MANAGEMENT

that whenever, due to an emergency resulting from a natural disaster, it becomes

imprudent, inexpedient, or impossible to conduct the affairs of municipal, county or other

political subdivisions, the governing body may meet at any place within or without the

territorial limits of the local government on the call of the presiding officer or any two (2)

members of the local government.

IV. EMERGENCY OPERATIONS

Section 33-15-17 provides that each local organization for emergency management shall

have a director who shall be appointed by the governing body of the political subdivision,

or political subdivisions acting jointly, and who shall have direct responsibility for the

organization, administration and operation of such local organization for emergency

management, subject to the direction and control of such governing body. Each local

organization for emergency management shall perform emergency management functions

within the territorial limits of the political subdivision within which it is organized, and, in

addition, shall conduct such functions outside of such territorial limits as may be required

pursuant to the provisions of the state emergency management plan.

In carrying out the provisions of this article each county and municipality, or the two (2)

acting jointly, or two (2) or more counties acting jointly, where there is joint organization,

in which any disaster as described in Section 33-15-5 occurs, shall have the power to enter

into contracts and incur obligations necessary to combat such disaster, protecting the health

and safety of persons and property, and providing emergency assistance to the victims of

such disaster.

Each county and municipality is authorized to exercise the powers vested under this section

in the light of the extreme emergency situation without regard to time-consuming

procedures and formalities prescribed by law pertaining to the performance of public work,

entering into contracts, the incurring of obligations, the employment of temporary workers,

the rental of equipment, the purchase of supplies and materials, the levying of taxes and

the appropriation and expenditure of public funds

Each county and each municipality, or two (2) or more counties acting jointly, shall have

the power and authority:

(1) To appropriate and expend funds, make contracts, obtain and distribute

equipment, materials, and supplies for emergency management purposes; provide

for the health and safety of persons and property, including emergency assistance

to the victims of any enemy attack or man-made, technological or natural disasters;

and to direct and coordinate the development of emergency management plans and

programs in accordance with the policies and plans set by the federal and state

emergency management agencies;

(2) To appoint, employ, remove, or provide, with or without compensation, air raid

wardens, rescue teams, auxiliary fire and police personnel, and other emergency

management workers;

(3) To establish, as necessary, a primary and one or more secondary emergency

operating centers to provide continuity of government, and direction and control of

emergency operation during an emergency;

(4) To donate public funds, supplies, labor and equipment to assist any

governmental entity in a county or municipality in which a disaster, as described in

Section 33-15-5, occurs;

(5) Subject to the order of the Governor, or the chief executive of the political

subdivision, to assign and make available for duty, the employees, property or

equipment of the subdivision relating to fire fighting, engineering, rescue, health,

medical and related services, police, transportation, construction, and similar items

or services for emergency management purposes either within or outside of the

limits of the subdivision;

(6) Subject to the order of the chief executive of the county or municipality or the

Governor, to order the evacuation of any area subject to an impending or existing

enemy attack or man-made, technological or natural disaster;

(7) Subject to the order of the chief executive of the county or municipality or the

Governor, to control or restrict egress, ingress and movement within the disaster

area to the degree necessary to facilitate the protection of life and property.

V. EMERGENCY ORDERS, RULES AND REGULATIONS

Local governments have authority granted in Sections 33-15-17, 33-15-31 and 31-7-13 to

issue rules and regulations applicable to emergencies that are not in conflict with rules and

regulations issued by the Governor and the Mississippi Constitution. All orders, rules, and

regulations promulgated by the Governor, the Mississippi Emergency Management

Agency or by any political subdivision or other agency authorized by this article to make

orders, rules and regulations, shall have the full force and effect of law, when, in the event

of issuance by the Governor, or any state agency, a copy thereof is filed in the office of the

Secretary of State, or, if promulgated by a political subdivision of the state or agency

thereof, when filed in the office of the clerk of the political subdivision or agency

promulgating the same. Section 33-15-31 also suspends all existing laws, ordinances, rules

and regulations inconsistent with the necessary management of the emergency during the

period of time and to the extent that such conflict, disaster or emergency exists.

IMPORTANT!

§ 33-15-31 allows laws, rules and regulations to be set aside as necessary to deal with

emergencies. It does not waive constitutional prohibitions which bar things such as:

(A) Public Officers having an interest in contracts with public entities (Miss.

Const. Art. 4 § 109);

(B) Donations not authorized by statute (Miss. Const. Art. 4 § 66);

(D) Release of obligation or liability owed to gov’t (Miss. Const. Art. 4 §100);

(E) Other requirements or prohibitions of the Mississippi Constitution.

VI. COORDINATION OF MANPOWER AND EQUIPMENT

The Mississippi Emergency Management Agency (MEMA) is authorized by Section 33-

15-15 to coordinate personnel, equipment and other resources of state agencies and

political subdivisions as is necessary to reinforce emergency management agencies in areas

stricken by emergency. Local governments are authorized to request aid from other

counties and municipalities to furnish needed services as specified in Section 33-15-15.

Section 33-15-17 also allows counties and municipalities to donate public funds, supplies,

labor and equipment to assist any governmental entity in a county or municipality in which

as disaster, as described in Section 33-15-5, occurs. Under the authority of Section 33-15-

39, county and municipal governing boards, with the approval of the sheriff in a county or

the chief of police in a municipality, may confer upon members of emergency management

auxiliary police units, the powers of peace officers, subject to such restrictions as shall be

imposed by the local government and Section 33-15-41.

Section 33-15-19 authorizes mutual aid agreements within and outside of the State as well

as interstate compacts. The governing body of a municipality or county is authorized to

participate in the Statewide Mutual Aid Compact (SMAC) established by MEMA as a

mechanism to standardize mutual aid arrangements between jurisdictions within the state.

SMAC provides guidelines for requesting and receiving mutual aid, liability protection and

reimbursement procedures for providing such aid. The governing body of each political

subdivision of the state is strongly encouraged to sign and ratify the SMAC for mutual aid

between their jurisdiction and other cities or counties within the state. A copy of this

agreement must be signed by the senior elected official of the jurisdiction and the director

and will be maintained on file by MEMA. Political subdivisions of the state are also

authorized to develop and enter into mutual aid agreements with other jurisdictions outside

the state for reciprocal emergency aid and assistance in case of emergencies too extensive

to be dealt with unassisted. Copies of the agreements shall be sent to MEMA and shall be

consistent with the state comprehensive emergency management plan and program, and in

time of emergency it shall be the duty of each local emergency management organization

to render assistance in accordance with the provisions of such mutual aid agreements.

VII. WORKING ON PRIVATE PROPERTY

Section 33-15-49 authorizes the use of local public employees to work on private property

in certain limited circumstances. In the event an impending enemy attack, an enemy attack,

or a man-made, technological or natural disaster occurs within the state or within any

portion of it and a proclamation is issued by the governing authorities of the county, the

governing authorities of the municipality, the office of the Governor of the state or the

President of the United States declaring such affected areas to be disaster areas, the

governing authorities of any county or municipality adversely affected by such disaster

may:

(A) Use county or municipally owned equipment and such public employees as

necessary to venture onto private property to aid in removing debris and to prevent

further damage to such property at the request of the property owners;

(B) Use county or municipally owned equipment and such public employees as

necessary to venture onto private property to remove debris and to perform any

other necessary and needed services to prevent the spread of disease or any other

health hazard to the community at large.

If the governing authorities of such adversely affected counties or municipalities are unable

to perform such necessary and needed functions with their own equipment and personnel,

they may request aid from other counties and municipalities not adversely affected by such

impending enemy attack, enemy attack, or man-made, technological or natural disaster,

and capable and willing to furnish needed services.

In addition, if the Governor determines that the governing authorities of such adversely

affected counties or municipalities still lack sufficient equipment and personnel under such

circumstances to perform such functions, any state agency or instrumentality, when

directed by the Governor, is authorized to enter upon publicly or privately owned land or

water and to use state-owned equipment and state employees as necessary to clear or

remove debris and wreckage. Whenever the Governor provides for clearance of debris or

wreckage pursuant hereto, employees of the designated state agencies or instrumentalities

are authorized to enter upon private or public land or water and perform any tasks necessary

to the removal or clearance operation.

County inmates or prisoners may be worked during emergencies if the governing

authorities determine that an emergency exists and there is a need to use the services of

such prisoners to protect life and property (Attorney General’s Opinion to Price, dated

December 13, 1996.) State inmates or prisoners may be worked during emergencies if the

Governor determines that an emergency exists in accordance with Section 47-5-133.

Whenever possible, the local government should obtain permission to enter onto private

property when necessary by obtaining a signed “right of entry” form. Please note that the

emergency authority to work on private property must be necessary and reasonable in the

emergency circumstances, not merely an excuse to do work for the benefit of private

property owners.

VIII. LIABILITY

Section 33-15-21 provides that:

(A) Neither the state nor any political subdivision thereof, nor other agencies, nor,

except in cases of willful misconduct, the agents, employees, or representatives of

any of them engaged in any emergency management activities, while complying

with or attempting to comply with this article or any rule or regulation promulgated

pursuant to the provisions of this article, shall be liable for the death of or any injury

to persons, or damage to property, as a result of such activity. The provisions of

this section shall not affect the right of any person to receive benefits to which he

would otherwise be entitled under this article, or under the workmen's

compensation law, or under any pension law, nor the right of any such person to

receive any benefits or compensation under any act of congress.

(B) Any person owning or controlling real estate or other premises who voluntarily

and without compensation grants a license or privilege, or otherwise permits the

designation or use of the whole or any part or parts of such real estate or premises

for the purpose of sheltering persons or providing assistance to persons during or

in recovery from an actual, impending, mock or practice attack or any man-made,

technological or natural disaster, together with his successors in interest, if any,

shall not be civilly liable for negligently causing the death of, or injury to, any

person on or about such real estate or premises by virtue of its use for emergency

management purposes, or loss of, or damage to, the property of such person.

In addition, Section 33-15-49, regarding the Governor’s authorization of state employees

and agents to work on private property, also provides, except in cases of willful

misconduct, gross negligence or bad faith, any state employee or agent complying with and

performing duties pursuant hereto shall not be liable for death or injury to persons or

damage to property.

Even though emergencies create many problems and may prevent normal local government

operations, local governments ultimately must remain accountable to the public, the State

government, the Federal government and other grantors. In many cases, even if State law

does not require evidence of competitive bids, quotes or proposals for purchase,

construction and service contracts, applicable Federal regulations or private grant

regulations generally require such evidence to be obtained and maintained by the local

government for emergency related expenses. Some common problems reported by the

United States Office of Inspectors General include:

1. Poor Project Accounting

2. Unsupported Costs

3. Duplication of Benefits

4. Excessive Equipment Charges

5. Excessive Labor and Fringe Benefits Charges

6. Unrelated Project Charges

7. Unapplied Credits

8. Excessive Administrative Charges

9. Poor Contracting Practices

Some key points to remember with FEMA grants include:

1. Designate a person to coordinate the accumulation of records.

2. Establish a separate and distinct account for recording revenues and

expenses, and a subsidiary account for each project.

3. Ensure final claims made for each project are supported by amounts

recorded in the accounting system.

4. Ensure each expenditure is recorded in the accounting books with proper

supporting documentation.

5. Research insurance coverage and seek full reimbursement. Credit the

appropriate FEMA project with that amount.

6. Check with your Federal Grant Program Coordinator about the availability

of funding under other Federal programs.

7. Do not charge the regular salaries of permanent employees or seasonal

employees to FEMA debris removal and emergency service projects.

8. Do not claim costs for which you have no cash outlay.

9. Ensure that claims for overtime fringe benefits relate to overtime worked,

not items like health insurance that are paid anyway.

FISCAL MANAGEMENT

10. Ensure that expenditures claimed for FEMA projects are reasonable and

necessary, are authorized under the scope of work, and directly benefit the

project.

11. Document pertinent actions for contracts let under FEMA projects,

including the rationale for the method of procurement, the basis for

contractor selection, and the basis for contract price. Remember, no “cost

plus” contracts are allowed.

I. POLICIES

Local government should consider policies necessary for fiscal operations in emergency

circumstances. Their emergency plan and policies should consider the ability of employees

to work; agreements with other governments to accommodate financial, budget and payroll

operations; accounting for and coordinating donations; records recovery and retention; tax

collection and assessment services; purchasing; contracting; and complying with Federal,

State and private grantor rules and regulations. If the local governing board is not able to

meet to authorize contracts and expenditures, a designee or designees should be authorized

and guidance should be provided so that the designee(s), whether it is the Mayor, City

Administrator, Police Chief, County Administrator, Chancery Clerk, Sheriff or other

official, will have authority, guidelines and limitations to take care of necessary emergency

fiscal business. The local government should consider personnel policies which will

provide guidance for overtime and extra work time required by emergencies and whether

or not to authorize employees who are unable to work due to the emergency to be allowed

administrative leave with pay.

II. RECORDS RESTORATION

Frequently, vital public records are damaged during emergencies. The local government

should include in their emergency plan contingencies for protecting and restoring public

records. Section 19-15-1 allows broad authority for county boards of supervisors to protect

and restore public records. Section 21-15-35 provides the same authority to municipalities.

III. RECORDS RETENTION

It is very important that records be maintained to document expenditures, quotations, bids,

proposals, contracts, revenues and donations that occur during or after the immediate

emergency. It is critical for local governments to avoid losing Federal, State and other

reimbursements for emergency expenditures due to lack of adequate documentation.

Section 19-15-3 (for counties) and section 21-15-37 (for municipalities) provide direction

for reproducing, retaining and destroying public records.

IV. DONATIONS – GIVING AND RECEIVING

Even in emergencies, unauthorized donations by the local government are still prohibited.

However, Sections 33-15-17 and 33-15-49 authorize the local government, through its

emergency plan and board orders to provide for the health and safety of persons and

property, including emergency assistance, such as food and shelter to the victims of

disasters and emergency workers as well as clearing debris from private property when

necessary. Other donations are authorized in Section 19-5-93 for counties and Chapter 21,

Title 19 for municipalities.

Donations to the local government during and after the emergency must be accepted and

accounted for like any other public funds. If donations are made to local governments for

expenditure purposes that are not purposes for which a local government is legally

empowered to expend funds, then the donations should be returned or, with the permission

of the donor, re-directed to a qualified non-profit organization, not operated by the local

government, that can legally expend the funds for the purpose for which the donation was

made. The Sheriff, Emergency Operations Director, Police Chief, Fire Chief, Mayor,

County Administrator or other individual local government officers or employees should

not expend donated funds except as specifically authorized by the local governing board

for lawful purposes. Generally, the local government may not expend funds, public or

donated, for the personal benefit of local government officers and employees, except to the

extent such funds are lawfully expended for the public at large. It is very important that all

donations must be properly accounted for to insure the donor and the public that donated

funds were used for lawful purposes and consistent with the donor’s intent.

V. BUDGETS, PAYROLL AND TAXES

While budgetary and payroll laws may be suspended or amended during emergencies to

the extent necessary, plans should include provisions for accounting, budget and payroll

preparation at an alternate site if necessary. Emergencies frequently cause the government

to incur expenses that were generally not included in the budget. Budget revisions may be

made to provide for emergency expenditures. In addition, after the emergency, it may be

necessary for the local board of supervisors to re-assess property destroyed in the disaster

in accordance with Section 27-35-143.

VI. PURCHASING AND TRAVEL

The Mississippi Department of Finance and Administration Office of Purchase and Travel

developed a brief guide to emergency purchasing and travel which is incorporated herein,

edited for applicability to local governments. This document is intended to be used as a

starting point in understanding the local government purchasing process. There is no way

to cover all aspects of the process in a few pages. Applicable sections of the Mississippi

Code are referenced to allow parties to gain complete information. You are urged to review

the various laws and manuals which are referenced herein as well as visit the various

websites. The document is arranged as follows:

General

o Who are you?

o What do you want to buy?

o The competitive bid process

o General guidelines for governing authorities

o Master Lease Purchase Program (Applies to local school district)

o Procurement Card Program

Emergency purchasing

o The laws – definition and procedures

o Declaration of emergencies

o Responsibility for making purchases

o Vehicle issues during an emergency

o Additional emergency purchasing tips

A. G

ENERAL PURCHASING

Because the laws and requirements are varied depending upon the type of governmental

entity that is doing the purchasing and the items/services to be purchased, the following

brief definitions and discussions are given here as clarification.

I. WHO ARE YOU?

o "Governing authority" is intended to mean any political subdivision such

as counties, cities, schools, port authorities, etc. (See Section 31-7-1 of the

Mississippi Code)

II. WHAT DO YOU WANT TO BUY?

o Commodities, Supplies and Equipment (other than Computer related

items) - Contact the Department of Finance and Administration, Office of

Purchasing and Travel (OPT), 1401 Woolfolk Building, Suite A, 501

North West Street, Jackson, MS 39201. Phone: 601-359-3409. You can

review the state contracts at:

http://www.dfa.state.ms.us/Purchasing/StateContracts.html. If there is no

state contract, you may contact OPT and they will be able to advise you

on how the local entities should purchase the product(s). If the items are

not on a contract, competitive procedures are probably required.

o Computer and Telecommunications Equipment, Software and

Services - Contact the Department of Information Technology Services –

Procurement Help Desk. Phone: 601-432-8166. [email protected]. ITS

utilizes various procurement mechanisms which state and local entities

may use. ITS will be able to tell you if there are standing requests for

proposals (RFPs) or Express Products Lists (EPLs) for your required

products/services and if so, how to use these agreements. If there is no

standing procurement vehicle, ITS will be able to advise you on how state

and local entities should purchase the products/services. Contact ITS

directly to arrange for the following services:

Telephone: business lines, trunking, Centrex, voice mail, set installation,

long distance, toll free numbers, calling cards, audio conferencing

Data: cabling, circuits (inter-LATA, intra-LATA, MPLS), Internet, DSL

For additional information, see the ITS Procurement Handbook.

http://www.its.ms.gov/Procurement/Documents/ISS%20Procurement%20Man

ual.pdf

For specific information about ITS Telecom Contracts and Services go

to:

http://dsitspe01.its.ms.gov/its/procman.nsf/f4ad43bd44ad9d8c86256daa

0063e1f0/c29fa4737d13967e86256e6d007be1d4?OpenDocument

o Construction - If governing authorities do not have expertise on staff, it

is recommended that they hire an architect with experience in

governmental construction contracting.

o Service Contracts - Most governing authorities are not required to

comply with any competitive process for services, yet many do implement

a competitive procedure. Note: in order to be reimbursed by FEMA, even

service contracts may require documentation of competitive bids,

quotations and requests for proposals.

o Travel - Contact the Department of Finance and Administration, Office

of Purchasing and Travel, 1401 Woolfolk Building, Suite A, 501 North

West Street, Jackson, MS 39201 601-359-3647 The Office will be able

to tell you if there is a state contract for your required travel services. If

there is no state contract, the Office will be able to advise you on how the

state and local entities should procure the service(s).

III. THE COMPETITIVE BID PROCESS

Section 31-7-13 (a), (b), or (c) $0 to $5,000 – no bids required

$5,000 to $75,000 – at least two written quotes

Over $75,000 – Reverse auction process,

unless exempted by the Public Procurement

Review Board.

All purchases in excess of $75,000 must be advertised in a local paper and a copy of

the notification must be sent to the Mississippi Procurement Technical Assistance

Program 601-359-3448. (See Section 31-7-13(c) of the Mississippi Code)

IV. GENERAL GUIDELINES – GOVERNING AUTHORITIES

o If a commodity is on any contract approved by the Office of Purchasing

and Travel, governing authorities may buy the contract item from the

contract vendor; or they may buy the identical item from any source

provided that the price does not exceed the state contract price; or they

may ignore the contract and purchase under the guidelines set forth in

Section 31-7-13 of the Mississippi Code as outlined above.

o If a commodity is not covered by any contract, governing authorities

must follow statutory bid procedures which are set forth in Section

31-7-13 of the Mississippi Code.

o Governing authorities are not required to obtain approval from the Office

of Purchasing and Travel.

V. MASTER LEASE PURCHASE PROGRAM – STATE AGENCIES

AND

SCHOOL DISTRICTS (K-12 AND JUNIOR COLLEGE)

The Department of Finance and Administration administers the Master Lease Purchase

Programs. These programs allow DFA to combine the equipment needs of multiple

state agencies or school districts and obtain financing at rates which are based upon the

combined volume of all of the needs. These programs allow the state agency or the

school district to acquire equipment (computers, school buses, etc.) at rates which are

typically much lower than the individual agency or school district could obtain on their

own. For more information contact the Office of Purchasing and Travel.

VI. PROCUREMENT CARD

The Office of Purchasing and Travel maintains a contract for a Small Purchase

Procurement Card Program. (Specific guidelines for using the Small Purchase

Procurement Card are listed in the Procurement Manual

http://www.dfa.state.ms.us/Purchasing/ProcurementManual.html). The intent of this

Procurement Card program is to allow government entities to make small purchases of

commodities, repairs, or services easier and in a more economical manner. This charge

card is accepted by a wide variety of businesses offering goods and services.

Government entities may use the Small Purchase Procurement Card to make purchases

which are genuine needs of the entity. The maximum amount of a single purchase

transaction shall be $5,000 (entities may establish stricter guidelines). There is no

purchase order required for credit card, procurement card, or membership card

transactions. Information related to signing up for the program is available at

http://www.dfa.state.ms.us/Purchasing/ProcurementCardServices.html.

B. EMERGENCY PURCHASING

In an emergency situation the requirements for purchasing may change. There are

potentially three different emergency declarations that could take place;

o The agency head, governing authority, or mayor/president of the board of

supervisors could declare an emergency;

o The Governor could declare an emergency; or,

o The President could declare an emergency.

The following is intended to be a quick guide and may not cover all situations that are

possible.

I. THE LAWS

In the case of an agency or governing authority head declaration of an emergency,

the entity should comply with Sections 31-7-1 and 31-7-13 of the Mississippi Code

as shown below:

The definition of “Emergency” is set forth in Section 31-7-1 (f) of the Mississippi

Code as follows:

“Emergency" shall mean any circumstances caused by fire, flood,

explosion, storm, earthquake, epidemic, riot, insurrection or caused by

any inherent defect due to defective construction, or when the

immediate preservation of order or of public health is necessary by

reason of unforeseen emergency, or when the immediate restoration

of a condition of usefulness of any public building, equipment, road

or bridge appears advisable, or in the case of a public utility when

there is a failure of any machine or other thing used and useful in the

generation, production or distribution of electricity, water or natural

gas, or in the transportation or treatment of sewage; or when the delay

incident to obtaining competitive bids could cause adverse impact

upon the governing authorities or agency, its employees or its citizens;

or in the case of a public airport, when the delay incident to publishing

an advertisement for competitive bids would endanger public safety

in a specific (not general) manner, result in or perpetuate a specific

breach of airport security, or prevent the airport from providing

specific air transportation services.

The appropriate procedures are also set forth in the Mississippi Code as

follows:

For Governing Authorities Emergency Purchase Procedures, Section 31-7-

13 (k)

Governing authority emergency purchase procedure. If the governing

authority, or the governing authority acting through its designee, shall

determine that an emergency exists in regard to the purchase of any

commodities or repair contracts, so that the delay incident to giving

opportunity for competitive bidding would be detrimental to the interest of

the governing authority, then the provisions herein for competitive bidding

shall not apply and any officer or agent of such governing authority having

general or special authority therefore in making such purchase or repair shall

approve the bill presented therefore, and he shall certify in writing thereon

from whom such purchase was made, or with whom such a repair contract

was made. At the board meeting next following the emergency purchase or

repair contract, documentation of the purchase or repair contract, including a

description of the commodity purchased, the price thereof and the nature of

the emergency shall be presented to the board and shall be placed on the

minutes of the board of such governing authority.

Emergency Declared by the President;

If the President declares an emergency the Governor will also issue a

declaration. In this case, it is possible that agencies and governing authorities

may later seek reimbursement for some or all of their costs. If reimbursement

will be requested the buying entity is urged to take the following issues into

consideration:

o FEMA usually requires a record of some form of competition or an

adequate justification why no competition was obtained. Thus, while

state law does not require a second or third quote in an emergency

situation, entities are urged to seek competition (telephone quotes, written

quotes, bids) to be sure they are getting a good value and to enhance their

opportunities for reimbursement at a later date. If competition is not

available it is recommended that the entity document the situation and

justification for not obtaining a second price quote.

o FEMA usually will reimburse for the rental of equipment but will not

normally reimburse for the purchase of equipment that will be useable

after the immediate emergency subsides.

o FEMA usually will reimburse for the replacement of equipment at the

value prior to the emergency. For example, if an agency has a 15 year old

bus, FEMA would reimburse the value of a 15 year old bus, not a new

bus.

Agency or Governing Authority Responsibility

All agencies and governing authorities are reminded that it is their

responsibility to purchase the commodities, equipment and services

which their agency needs to fulfill its mission during an emergency

situation. Only after all internal resources and capabilities have been

expended should the entity submit a request to the MEMA Emergency

Operations Center. Municipalities should submit their requests to their

county EOC where it will be prioritized and forwarded to the MEMA

EOC. Counties should work with their EOC to submit requests. State

agencies should submit their requests to their agency Emergency

Operations Coordinator who will submit the request in the MEMA on-

line request system.

II. VEHICLE USE DURING AN EMERGENCY

State Agency and Governing Authority Vehicles

State Agency and Governing Authority vehicles should be the “vehicle of

choice” in emergency situations. These vehicles are properly marked and are

more likely to be properly identified as government vehicles. The users

should follow standard fueling and maintenance policies and should maintain

proper records of activities as required by their entity.

Rental Vehicles

Vehicles may be rented under the terms of the State of Mississippi contract.

(see http://www.dfa.state.ms.us/Purchasing/Travel/Travel.html) Entities are

urged to obtain fuel cards to be used with rental vehicles so that costs can be

tracked and the entity can take advantage of the prices and reporting

capabilities associated with the fuel card contract. (see

http://www.dfa.state.ms.us/Purchasing/StateContracts/FuelAccessContract9

46.pdf)

Employee’s Personal Vehicles

Employee’s personal owned vehicles (POV) may be used in an emergency

situation, but employees are urged to check with their own insurance agent to

determine if there are any issues or limitations with this type usage. Tort

Claims is the primary liability insurer of POVs when used on state business.

This would be the case whether in a disaster area or not. Tort Claims does not

offer any physical damage (collision/comprehensive) coverage to any vehicle,

whether state owned or POV. The employee’s personal insurance coverage

would need to cover areas not covered by Tort Claims. Most insurance

companies’ policies will meet these needs.

Public fuel (fuel owned by a government entity) may be provided to private

vehicles only in those cases of extreme necessity to serve the government’s

purposes when fuel is otherwise unavailable for private purchase. Adequate

records should be kept documenting the amount of fuel provided, the name of

the person, the vehicle tag number, and the public purpose. In addition, to the

extent possible, the fuel provided should be limited to the amount necessary

for the public purposes to avoid donations of fuel to private individuals. If

fuel is otherwise available for purchase, public fuel should not be provided to

private vehicles whether owned by private citizens or public employees. If

public fuel is provided, the employee shall not be paid mileage

reimbursement.

Contract Workers Use of State Owned Vehicles

Contract workers may operate state owned vehicles. Tort Claims does cover

liability for contract workers. Tort Claims does not cover liability for

independent contractors. If an independent contractor needs to operate a state

owned vehicle, proof of auto liability insurance must be on file before

operation.

III.

EMERGENCY PURCHASING TIPS

o Prior to an emergency consider what your needs may be

o Determine if the items you need are on a state contract

o Contact potential suppliers and get contact names, phone numbers and

email addresses

o Make sure you have 24/7 contacts for the suppliers

o Contact potential suppliers and establish a payment method (you don’t

want to be doing a credit check in the middle of an emergency)

o Make copies of all information prior to an emergency, give to several

people, have hard copy, put it on a computer disk, have it on a flash drive.

o Develop a generic request for quotes form to be used during an emergency

o Develop a generic services contract form to be used during an emergency

o Think ahead. Don’t order what you need today, by the time it gets here it

will be tomorrow or beyond. Order what you will need so you can have

it when the need develops.

o Establish the use of the Procurement Card Program or local procurement

card prior to an emergency. The card is a great tool under normal

conditions. It is even more valuable during an emergency.

IV.

PROCUREMENT LINKS

o Online ITS Procurement Handbook:

http://www.its.ms.gov/Procurement/Documents/ISS%20Procurement%20Man

ual.pdf

o EPLs online:

http://www.its.ms.gov/Procurement/Pages/EPLs.aspx

o ITS Online Procurement Request System (includes submission of emergency

procurements):

http://dsitspe01.its.ms.gov/its/procurement.nsf/Instructions?OpenForm

o For specific information about ITS Telecom Contracts for State Agencies:

https://www.its.ms.gov/sites/default/files/ProcurementPDFs/ISS%20Procurem

ent%20Manual.pdf

o For specific information about ITS Telecom Contracts for IHLs:

https://www.its.ms.gov/sites/default/files/ProcurementPDFs/ISS%20Procurem

ent%20Manual.pdf

o ITS Procurement Forms in Word or PDF format:

https://www.its.ms.gov/procurement/procurement-request-forms

o Procurement Manual, Office of Purchasing and Travel

https://www.dfa.ms.gov/sites/default/files/Office%20of%20Purchasing%2C%

20Travel%20and%20Fleet%20Home/Resources%20Manuals%20Guidelines/

procurement-manual.pdf

o State Contracts, Office of Purchasing and Travel

http://www.dfa.ms.gov/Contracts

o Travel Information (contracts, reimbursement rates, manual)

http://www.dfa.ms.gov/travel

If you have any questions you may contact the Department of Finance and

Administration, Office of Purchasing and Travel, 601-359-3409. On the web, go

to http://www.dfa.state.ms.us/ and click on Statewide Purchasing

CONTACT INFORMATION

Office of the State Auditor

E-mail [email protected]

Technical Assistance Division – E-mail [email protected]

Investigations Division – E-mail [email protected]

Voice 601-576-2800, Toll-free 800-321-1275, Fax 601-576-2750,

Web site www.osa.ms.gov

Governor’s Office of Disaster Assistance Coordination

Voice 601-359-3150, Toll-free 877-405-0733, Fax 601-359-3741,

Web site www.governorreeves.ms.gov

Mississippi Emergency Management Agency

Voice 601-933-6362, Toll-free 800-222-6362, Fax 601-933-6800,

Web site www.msema.org

Federal Emergency Management Agency

Voice Toll-free 800-621-FEMA (3362) Fax Toll-free 800-827-8112,

TDD/TTY Toll-free 800-462-7585

E-mail [email protected]

Web site www.fema.gov

Department of Finance and Administration, Office of Purchasing and Travel

Voice 601-359-3409, Fax 601-359-3910,

E-mail [email protected]s.us

Web site www.dfa.ms.gov

Department of Information Technology Services

Voice 601-359-1395, Fax 601-354-6016

Web site www.its.ms.gov

Mississippi Department of Transportation

Voice 601-359-7001

Web site www.gomdot.com

Department of Environmental Quality

Voice 601-961-5797, Toll-free 888-786-0661, Fax 601-354-6569,

Web site www.deq.state.ms.us

Department of Archives and History – Local Government Records

Voice 601-576-6894, Fax 601-576-6975

Web site www.mdah.state.ms.us

CONTACT INFORMATION

Office of the Attorney General

Consumer Protection Division (price gouging)

Voice 601-359-4230, Toll-free 800-281-4418, Fax 601-359-4231

Public Integrity Division

Voice 601-359-4250, Fax 601-359-4254

Web site www.ago.state.ms.us

Ethics Commission

Voice 601-359-1285, Fax 601-354-6253

Web site www.ethics.state.ms.us

Department of Public Safety

Voice 601-987-1212, Fax 601-987-1498

Web site www.dps.state.ms.us

Shad White, State Auditor

601-756-2641

[email protected]

Charles Woods, Chief of Staff

601-756-2616

[email protected]

Thomas S. Chain, Director of Technical Assistance Division

601-756-2734

[email protected]

AGENCY CONTACT LIST