BOS Minutes 02/12/02 Adjourned Meeting

Regular Meeting
December 2, 2003

7:00 P.M.

Meeting Convened. A Regular Meeting of the York County Board of Supervisors was called to order at 7:00 p.m., Tuesday, December 2, 2003, in the Board Room, York Hall, by Chairman James S. Burgett.

Attendance. The following members of the Board of Supervisors were present: Walter C. Zaremba, Sheila S. Noll, Donald E. Wiggins, James S. Burgett, and Thomas G. Shepperd.

Also in attendance were James O. McReynolds, County Administrator; J. Mark Carter, Assistant County Administrator; and James E. Barnett, County Attorney.

Invocation. Miss Melissa McReynolds, York County Youth Commission, gave the Invocation

Pledge of Allegiance to the Flag of the United States of America. Chairman Burgett led the Pledge of Allegiance.

PRESENTATIONS

YORK COUNTY YOUTH COMMISSION

Mr. Aneesh Venkat, Chairman of the York County Youth Commission, provided the Board with the Commission’s second quarterly report. He stated the main thrust of this year’s commission has been to make itself better known to the youth of the county. He spoke of the different advertising being used in high school newspapers to further this purpose, and logo polo shirts are being ordered for the Commissioner’s to wear. The Commission has been busy with plans for redesigning its official web page to provide updated information to the youth of the County. He noted the Commission now has its own email address: youth@yorkcounty.gov. Mr. Venkat noted that on Saturday, November 15, the Commissioners spent time picking up trash for an Adopt-A-Highway project. This Friday the Commission will assist with the annual Christmas Tree lighting Ceremony to be held in Yorktown. He also noted the Commission is planning its 4th annual ski trip to Wintergreen in coordination with the Parks and Recreation Division. Plans are also underway to sponsor a County-wide talent show. Mr. Venkat then briefed the Board on the Commission’s progress with its Survey 2002 implementation. He noted that in the high schools this week the students were participating in the 4th annual Youth Week event. Mr. Joseph Jennings, a former gang leader, brought the students a message of hope that everyone has the right to change. Mr. Venkat invited the Board members to attend Mr. Jennings’ talk on December 4 at Tabb High School.

CITIZENS COMMENT PERIOD

Mrs. Marsha Brown, 213 Nelson Street, spoke on the Historic District overlay, and requested that the Board vote against this ordinance. She stated that passage of this ordinance in no way protects the historic sites in the Yorktown Village, and she feels it is the Board's way to control the residents' properties. She stated Republicans believe in less government control and individual rights, and she did not feel any Republican would vote for such a matter.

Mr. David Brown, 213 Nelson Street, also spoke about the historic district overlay, stating the residents of the village are veterans also, and their most important freedom is the right of ownership of property. He noted it has been said that the Yorktown residents are not willing to compromise, but 90 percent of the village voted against this plan, and he asked the Board to vote against it.

Mr. John Carver, 236 Nelson Street, stated freedom means little without property rights. He asked the Board of Supervisors to table this application until the remaining members of the Board and the homeowners can meet again. He stated this proposal affects property rights, and when this happens compensation should be awarded, and this is not happening.

Mr. Rogers Hamilton, 114 Church Street, spoke to oppose the historic district zoning. He noted he is the Chairman of the Yorktown property owners group, and the group voted overwhelmingly against this proposal. He noted that Mr. Zaremba had indicated he would vote against it, and he expressed his hope that the rest of the Board will also. Staff does not run this County. He asked the Board to respond to its obligation.

Mrs. Martha Hamel, 101 Pulaski Street, asked the Board to vote against the historic district or table the matter for further discussion. She stated she was puzzled by the need for a review board and a historic district in Yorktown, stating there are only a few historic structures remaining, and they are protected by the National Park Service or are on the National Historical Register. She stated she would like to have the opportunity to meet with the rest of the Board of Supervisors to discuss alternative plans, noting there are still many unanswered questions. She thanked Mr. Zaremba and Mr. Wiggins for meeting with the group earlier.

Mr. Gene Barton, 208 Walden Drive, spoke concerning tree removal. He stated when the County announced to the media it had completed the first round of pickups, the residents were surprised because no one had been in their neighborhood. The pickups were not equitable based on how hard hit the neighborhoods were. He indicated that they are now told they have to pay $10 for future pickups when there is a lot of debris that was never picked up. He stated the people who got hit the hardest should have been picked up first and often, and there is still a lot of work to be done. Mr. Barton stated he did not understand why the FEMA people were being released. He stated the Waste Management people are not listening, and the residents do not feel they should be limited to an 8-inch diameter size for trees.

Mr. Robert Baals, 210 Walden Drive, stated there are about six houses on Walden where there is a lot more damage than most. There are still many trees in the neighborhood that need to be taken down and that are bigger than 24-inches in diameter. With the damage to many of the homes, it has taken a lot of time just to deal with getting repairs done. He stated he just got his roof fixed today, and he has a lot of logs to move out to the road. Mr. Baals stated he didn’t mind paying the $10, but the 8-inch diameter restriction is unreasonable.

COUNTY ATTORNEY REPORTS AND REQUESTS

Mr. Barnett provided a schedule for the County Attorney’s office next week due to the Local Governmental Attorney’s conference being held next Wednesday, Thursday, and Friday.

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

Mr. McReynolds reminded the Board of Supervisors of the work session scheduled for December 9 on building maintenance code issues and a review of the requests for new programs/personnel in FY2005. He noted that December 16 is the last regular meeting for the Board, and the first meeting of 2004 is January 6. Mr. McReynolds then discussed the debris removal, stating staff can now pick up larger items, up to 24-inches in diameter and 10 feet in length. He noted that Mr. Hudgins would be getting the word out to the residents.

At Mr. Zaremba’s request, Mr. McReynolds then briefed the Board members on the topics covered at the last Homeowners’ Associations Meeting, and he explained how the County communicates with subdivisions not having formal associations.

Mt Mr. Shepperd’s request, Mr. McReynolds discussed the size of the garbage and recycling totes. He indicated that the sizes of the garbage and recycling totes are based on research that addressed the average amount of garbage generated by each household. He noted that if a household would like to have more than one container, they should contact Waste Management to get an additional one.

MATTERS PRESENTED BY THE BOARD

Mrs. Noll expressed her hope that everyone had a nice Thanksgiving holiday. She noted the Board of Supervisors had a meeting with the School Board last week which occurs every year to discuss the upcoming fiscal year budget. The two finance directors briefed the two boards on the anticipated expenses and revenues for FY2005. She indicated she attended a luncheon today put on by an organization recognizing women in business, and 25 women were honored at that time, one being a York County resident and a product of York County schools--Anne C. Connor.

Mr. Zaremba reminded the citizens that as of January 1, there will be no more vehicle decals. The Board has addressed the requirement for a County decal by doing away with them. He stated a lot of work by staff was accomplished with the Commissioner of the Revenue and the Treasurer's office to accomplish this. Mr. Zaremba also noted that the fee does not go away, but no one has to worry about having to purchase the decal itself.

Mr. McReynolds noted that the state registration will be used as the enforcement tool.

Mr. Zaremba stated he feels the County has moved a long way to meet what a large number of the population wanted. He then discussed debris removal, stating that after Hurricane Isabel the County had information forums where the staff came together with the citizens to discuss what the residents could do to recover from the storm. He reminded the citizens of two recourses if they are not satisfied with payments by their insurance companies on claims. The state has a commissioner of insurance where complaints can be filed, and there are public adjusters whose purpose is to represent the resident’s best interest instead of the insurance company. Mr. Zaremba then spoke of another series of articles he had been reading with respect to tourism that indicated hotel room occupancy may dip below 50 percent. He noted the Historic Triangle area has been hit significantly; but while occupancy is below what it was 2 to 3 years ago, timeshare occupancy is on the rise. He stated he felt there was an issue here for the Regional Issues Committee to look into as to a possible regional fix to the issue since all the localities depend on tourism as a major portion of the income stream.

Chairman Burgett stated this Friday the annual Christmas Tree Lighting Ceremony would be held, and he invited everyone to come out and enjoy the festivities. He stated that next Tuesday he would be taking part in turning the first shovel of dirt for the Great Wolf Lodge going up in the Lightfoot area. He noted it is a $40 million investment in York County. Mr. Burgett also noted he attended the Mayors and Chairs this past week. At that time the Mayors and Chairs voted to hire a consultant to study the merging of the workforce development entities on the Peninsula with those on the southside. He announced that this Saturday the homes tour sponsored by the Yorktown Foundation would take place. Mr. Burgett then shared the concern he has about the little motor scooters that are being seen everywhere, and children are riding them without safety helmets. He asked Mr. Barnett to look into the County being able to at least require riders to wear safety helmets while riding the scooters.

CONSENT CALENDAR

Mr. Zaremba asked that Item Nos. 7 and 9 be removed from the Consent Calendar.

Mrs. Noll moved that the Consent Calendar be approved as amended, Item No. 8.

On roll call the vote was:

Yea: (5) Zaremba, Noll, Wiggins, Shepperd, Burgett
Nay: (0)

Thereupon, the following resolution was adopted:

Item No. 8. PUBLIC SEWER EXTENSION AGREEMENT: BUNTING POINT SUBDIVISION: Resolution R03-182:

A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY’S SANITARY SEWER SYSTEM TO A PROPOSED DEVELOPMENT KNOWN AS BUNTING POINT, AND AUTHORIZING EXECUTION OF THE NECESSARY PUBLIC SEWER EXTENSION AGREEMENT

WHEREAS, Calthrop Neck, L.L.C. has requested that the County enter into a public sewer extension agreement pursuant to § 18.1-53 (b) of the York County Code to serve sixteen new residential lots; and

WHEREAS, the plan for the proposed project has been reviewed by the County; and

WHEREAS, prior to final approval of these plans and the initiation of any construction activity, it is necessary that a determination be made as to whether the Board will authorize the extension of the public sewer facilities of the County to serve the proposed development; and

WHEREAS, it has been determined that sufficient capacity exists in the County's existing sewer system to serve the proposed development, or will exist when the facilities proposed by the developer are constructed; and

WHEREAS, in accordance with the terms of Chapter 18.1 of the York County Code the total connection fee to be paid to the County for the proposed extension to serve this development has been determined to be $92,800.00;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 2nd day of December, 2003, that the Board approves the extension of the County’s public sewer system to serve the proposed development, Bunting Point, and that the County Administrator be, and he hereby is, authorized to execute a public sewer extension agreement with Calthrop Neck, L.L.C. for the proposed extension; such agreement to be approved as to form by the County Attorney.

Item No. 7. ROUTE 171 WALKWAY AND LANDSCAPING: Proposed Resolution R03-189. (Removed from Consent Calendar)

Mr. Zaremba asked if this action is part of the County’s directed major highway beautification program.

Mr. Carter stated it is a Revenue Sharing project previously discussed by the Board. He stated it fits in with improved walkways on heavily traveled highways. He noted the County received input from Kiln Creek in terms of cost because its residents will benefit quite a bit as will the businesses along the frontage that have donated easements.

Discussion followed on the funding of the project.

Mr. Zaremba then moved the adoption of proposed Resolution R03-189 that reads:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AGREEMENTS FOR ROUTE 171 WALKWAY AND LANDSCAPING

WHEREAS, it is the policy of the Board of Supervisors that all procurements of goods and services by the County involving the expenditure of $30,000 or more be submitted to the Board for its review and approval; and

WHEREAS, the County Administrator has determined that the following procurements is necessary and desirable, that it involves the expenditure of $30,000 or more, and that all applicable laws, ordinances, and regulations have been complied with;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 2nd day of December, 2003, that the County Administrator be, and hereby is, authorized to execute procurement arrangements for the following:

AMOUNT

Route 171 Walkway and Landscaping $93,726

On roll call the vote was:

Yea: (5) Noll, Wiggins, Shepperd, Zaremba, Burgett
Nay: (0)

Item No. 9. PROCUREMENT OF BIOMEDICAL EQUIPMENT: Proposed Resolution R03-191. (Removed from Consent Calendar)

Mr. Zaremba asked what equipment would this action procure.

Chief Stephen P. Kopczynski, Fire Chief, stated the department equips its ambulances, fire trucks, and some other staff vehicles with defibrillators, and they are in need of replacement. New state regulations require that they be upgraded. He stated staff has applied for two grants and has received one. Chief Kopczynski stated he felt there was a very good chance of receiving the other grant, and the two would pay for about 50 percent of the total cost of replacement.

Mr. Zaremba noted these are very critical pieces of equipment as well as being very expensive. York County’s Fire and Life Safety Department is one of the premiere organizations of its kind on the east coast, and the County prides itself in having the best equipment possible for its citizens.

Discussion followed concerning trade-in value of the current equipment.

Mr. Zaremba then moved the adoption of proposed Resolution R03-191 that reads:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO ACCEPT, EXECUTE, AND APPROPRIATE GRANTS AWARDED TO YORK COUNTY BY THE VIRGINIA DEPARTMENT OF HEALTH FOR THE REPLACEMENT OF ITS ADVANCED LIFE SUPPORT BIOMEDICAL DEVICES, AND APPROPRIATE THE NECESSARY CAPITAL RESERVE FUNDS AS A LOCAL FUNDING MATCH AND CONCLUDE THE PURCHASE OF THE NECESSARY EQUIPMENT

WHEREAS, the Virginia Department of Health has awarded the County a Rescue Squad Assistance Fund (R.S.A.F.) grant in the amount of $97,540 to be used toward the replacement of its advanced life support cardiac monitor/defibrillator devices; and

WHEREAS, the Department of Fire and Life Safety has applied for a second R.S.A.F. grant to further support this project; and

WHEREAS, the Department of Fire and Life Safety has a need to replace its inventory of these devices as a result of advancing age, but more immediately, in response to recently promulgated state emergency medical service regulations that necessitate replacement if the department is to maintain its present level of medical service to the community; and

WHEREAS, Capital Reserve Funds are available this fiscal year and are not expended or obligated; and

WHEREAS, trade-in value for existing equipment shall be applied toward the cost of the project, and another Rescue Squad Assistance Fund grant request is currently pending; and

WHEREAS, the County Administrator has determined that this purchase is necessary and desirable, and that applicable laws, ordinances, and regulations have been complied with;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 2nd day of December, 2003, that the County Administrator be, and hereby is, authorized to accept and execute the grants awarded by the Virginia Department of Health, which shall be approved as to form by the County Attorney.

BE IT FURTHER RESOLVED, that $97,540 and any related subsequent grant (if awarded) from the Virginia Department of Health be, and hereby is, appropriated in the General Fund for the purpose of purchasing the specified biomedical equipment.

BE IT STILL FURTHER RESOLVED, that the County Administrator be, and hereby is, authorized to conclude the purchase arrangement for eighteen advanced life support biomedical devices for a total cost of $494,324.

On roll call the vote was:

Yea: (5) Wiggins, Shepperd, Zaremba, Noll, Burgett
Nay: (0)

Meeting Recessed. At 7:55 p.m. Chairman Burgett declared a short recess.

Meeting Reconvened. At 8:03 p.m. the meeting was reconvened in open session by order of the Chair.

PUBLIC HEARINGS

AMENDMENT TO THE YORK COUNTY CENTRALIZED PURCHASING POLICY

Mrs. Carol White, Director of Financial and Management Services, briefed the Board members on the purpose of proposed Ordinance No. 03-36 to amend the Centralized Purchasing Policy for York County and described the proposed changes.

Discussion followed regarding the reduction of the threshold at which departments can do their own competition.

Chairman Burgett then called to order a public hearing on proposed Ordinance No. 03-36 which was duly advertised as required by law and is entitled:

AN ORDINANCE TO AMEND THE CENTRALIZED PURCHASING POLICY FOR YORK COUNTY

There being no one present who wished to speak concerning the subject ordinance, Chairman Burgett closed the public hearing.

Mrs. Noll then moved the adoption of proposed Ordinance No. 03-36 that reads:

AN ORDINANCE TO AMEND THE CENTRALIZED PURCHASING POLICY FOR YORK COUNTY

WHEREAS, Sections 15.2-1231 and 2.2-4343 of the Code of Virginia authorized the Board of Supervisors to provide for the centralized competitive purchasing of all supplies, equipment, materials and commodities for all departments, officers, and employees of the County, to include the County School Board and the Board of Public Welfare or Social Services;

NOW, THEREFORE, BE IT ORDAINED by the York County Board of Supervisors this 2nd day of December, 2003, that the centralized procurement policy for all goods and services for the County of York, as adopted October 16, 2001, be and it is hereby amended to read and provide as follows:

ARTICLE I. PURPOSE, DEFINITIONS, APPLICATION OF POLICY

1-1. Purpose.

The purpose of this policy is to increase public confidence in purchasing by York County, to provide for fair and equitable treatment of all persons involved in public purchasing by the County, to maximize the purchasing value of public funds, to foster competition in the procurement process to the maximum feasible extent, and to provide for a centralized purchasing system of quality and integrity for the County.

1-2. Effective Date.

This policy shall be in effect immediately upon its passage.

1-3. Authority.

This policy is adopted pursuant to §§ 2.2-4343(10) and 15.2-1231 of the Code of Virginia and is intended to supersede the operation of the Virginia Public Procurement Act as it applies to the procurement actions of the departments, agencies, officers, and employees subject to this policy. Those sections set forth in § 2.2-4343(12) of the Code of Virginia which, by law apply to all counties, are incorporated herein or are listed in an appendix to this policy for convenience. No other provisions of the Virginia Public Procurement Act shall apply unless specifically incorporated in this policy.

1-4. Definitions.

For purposes of this policy the following words and phrases shall have the meanings set forth below:

(a) Affiliate - means an individual or business that controls, is controlled by, or is under common control with another individual or business. A person controls an entity if the person owns, directly or indirectly, more than 10 percent of the voting securities of the entity. For the purposes of this definition “voting security” means a security that (i) confers upon the holder the right to vote for the election of members of the board of directors or similar governing body of the business or (ii) is convertible into, or entitles the holder to receive, upon its exercise, a security that confers such a right to vote. A general partnership interest shall be deemed to be a voting security.

(b) Approving Authority – “Approving Authority” shall mean the Board of Supervisors or the County School Board or the York-Poquoson Social Services Board.

(c) Best Value - “Best value,” as predetermined in the solicitation, means the overall combination of quality, price, and various elements of required services that in total are optimal relative to a public body's needs.

(d) Board or Board of Supervisors – “Board” or “Board of Supervisors” shall mean the Board of Supervisors of York County, Virginia.

(e) Business - means any type of corporation, partnership, limited liability company, association, or sole proprietorship operated for profit.

(f) Competitive Negotiation - Competitive negotiation is a method of procurement, which consists of the following elements:

1. Issuance of a written request for proposal indicating in general terms what is sought to be procured and containing or incorporating by reference the other applicable contractual terms and conditions including any unique capabilities or qualifications which will be required of the offeror.

2. Public notice of the request for proposal at least ten (10) calendar days prior to the date set for receipt of proposals by posting at the entrance to the Division of Purchasing for York County and by publication in at least one newspaper of general circulation in York County. In addition, proposals may be solicited directly from potential offerors.

3. On the basis of the evaluation factors established by this policy and by the request for proposal, at least three (3) offerors deemed to be the most qualified, responsible and suitable on the basis of initial responses shall be selected. (If less than three (3) proposals are received, then less than three (3) offerors may be so selected.) Individual discussions shall then be had with each such offeror.

Review of the proposals submitted and discussions with offerors shall be conducted by a panel established by the using agency of not less than three County representatives that shall include one representative of the Purchasing Division designated by the Purchasing Agent.

Repetitive informal interviews shall be permissible. Offerors shall be encouraged to elaborate on their qualifications, scope of work, performance data, or expertise pertinent to the proposed project as well as any alternative concepts. These discussions may encompass non-binding estimates of total project costs, including, where appropriate, design, construction, and life cycle costs. Methods to be used in arriving at a price for services may also be discussed. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. Price of service may be discussed and considered but will not be the sole determining factor in concluding negotiations.

After negotiations have been conducted with each offeror so selected, the offeror shall be selected which in the opinion of the panel has made the best proposal and the contract shall be offered to that offeror. Should the panel, after the initial submission of proposals, determine in writing that only one offeror is fully qualified, or that one offeror is clearly more qualified than the others under consideration, a contract may be negotiated and awarded to that offeror without further delay. A copy of such written determination shall be provided to the Purchasing Agent and to the approving authority when approval by other than the Purchasing Agent is required.

When the terms and conditions of multiple awards are so provided for in the request for proposal, awards may be made to more than one offeror.

(Note that the procedure for competitive negotiation for the procurement of professional services over $30,000 differs from the one defined here. See Section 2-3(f) of this Policy.)

(g) Competitive Sealed Bidding - Competitive sealed bidding is a method of procurement which includes the following elements:

1. Issuance of a written invitation to bid containing or incorporating by reference specifications and contractual terms and conditions applicable to the procurement. When it is impractical to prepare initially a purchase description to support an award based on price, an invitation to bid may be issued requesting submission of unpriced offers to be followed by an invitation to bid limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation.

2. Public notice of the invitation to bid at least ten (10) calendar days prior to the date set for receipt of bids by posting at the entrance to the Division of Purchasing for York County and by publication in at least one newspaper of general circulation in York County. In addition, bids may be solicited directly from potential offerors.

3. Public opening and announcement of all bids received.

4. Evaluation of the bids based on requirements set forth in the invitation and the provisions of this policy.

5. Award to the lowest responsive and responsible bidder. When the terms and conditions of multiple bids are so provided for in the invitation to bid, awards may be made to more than one bidder. In the event only one bid is received and the Purchasing Agent in consultation with the using agency makes a determination that it would not be in the best interest of the County to re-bid the procurement, such determination shall be in writing and shall be provided to the approving authority when approval by other than the Purchasing Agent is required.

(h) Construction – “Construction” shall mean building, altering, repairing, improving or demolishing any structure, building, or roadway, and any draining, dredging, excavation, grading or similar work upon real property.

(i) County – “County” shall mean the County of York, Virginia, a political subdivision of the Commonwealth of Virginia, and shall include all other departments, public bodies corporate, agencies, sanitary districts and officers of the County to which this policy applies. It shall also include any other entity that has chosen to participate in this policy and has entered into a cooperative procurement agreement with the County.

(j) County Administrator – “County Administrator” shall mean the County Administrator of York County, or, a duly authorized designee.

(k) Goods – “Goods” shall mean all material, equipment, supplies, printing, and automated data processing hardware and software.

(l) Offeror – “Offeror” unless expressly indicated otherwise, shall mean both a bidder, i.e., a person who submits a competitive sealed bid in response to an Invitation to Bid, or a person who submits a proposal in response to a Request for Proposals.

(m) Purchasing Agent – “Purchasing Agent” shall mean the County Administrator of York County, Virginia, or any person designated by the County Administrator to implement all or a portion of this policy.

(n) Reverse Auctioning - means a procurement method wherein bidders are invited to bid on specified goods or nonprofessional services through real-time electronic bidding, with the award being made to the lowest responsive and responsible bidder. During the bidding process, bidders' prices are revealed and bidders shall have the opportunity to modify their bid prices for the duration of the time period established for bid opening.

(o) Services – “Services” shall mean any work performed by an independent contractor wherein the service rendered does not consist primarily of the acquisition of equipment or materials or the rental of equipment, materials, or supplies.

(p) Using Agency – “Using Agency” shall mean any officer, employee, or other entity of the County requiring any goods, services, insurance, or construction to be procured under the policies and procedures established by this policy.

1-5. Application of Policy.

(a) This policy is intended to provide for centralized competitive purchasing and covers all purchasing by all departments, officers, elements and employees of the County, including specifically, but not limited to, the York County School Board, the York-Poquoson Department of Social Services, Constitutional Officers, and the York County Library. This policy is not intended to require review or approval by the Board of specific items procured by the York County School Board, the York-Poquoson Department of Social Services, the Constitutional Officers, the York County Library, or public bodies who have by agreement become subject to this policy, when sufficient funds have been appropriated to such entity or officer for the purpose of the procurement and this policy has been followed. The Purchasing Agent with regard to such entities and officers shall, however, by signing all purchase orders for such procurements prior to the placement of a firm order, certify compliance with this policy and procedures issued pursuant to it. The Purchasing Agent shall not execute a purchase order if such procurement has not been in compliance with this policy and the procedures developed pursuant to it.

(b) This policy shall apply to all purchases or contracts for the purpose of procuring goods, services, insurance, and construction involving the expenditure of public funds.

(c) When any procurement involves the expenditure of state or federal assistance, grant, loan, or contract funds the procurement shall be conducted in accordance with any mandatory federal or state requirements which are not reflected in this policy if the receipt of such funds is conditioned upon compliance with the mandatory procedures.

(d) This policy shall not prohibit compliance with the terms and conditions of any grant, gift, or bequest that are otherwise consistent with law.

(e) This policy shall not apply to contracts existing on its effective date and such contracts may be performed or extended according to their terms.

1-6. Cooperative Procurement.

The Purchasing Agent may administer cooperative procurement agreements with public bodies not otherwise covered by this policy, subject to the terms and conditions of such agreement as may be authorized by the Board. Except for contracts for professional services, the County may purchase from another public body's contract even if it did not participate in the request for proposal or invitation to bid, if the request for proposal or invitation to bid specified that the procurement was being conducted on behalf of other public bodies. Any public body that enters into a cooperative procurement agreement with a county, city, or town whose governing body has adopted alternative policies and procedures pursuant to subdivisions 9 and 10 of § 2.2-4343 shall comply with the alternative policies and procedures adopted by the governing body of such county, city, or town.

1-7. Contracts or Purchases Made in Violation of this Policy.

Except as provided herein, no official, elected or appointed, nor any employee, shall purchase or contract for any goods, services, insurance, or construction. Any purchase or contract made contrary to the provisions of this policy shall be void, and the County will not be bound thereby. Any person who makes such a procurement or disposition may be personally liable therefore to the vendor or purchaser of the goods, services, or construction involved.

ARTICLE II. PURCHASING AGENT; COMPETITION REQUIREMENTS

2-1. Delegation of Authority to Purchasing Agent.

The Purchasing Agent shall serve as the principal public purchasing official for the County and shall be responsible, under the supervision of the Board, for the procurement of all goods, services, insurance, and construction as well as the management and disposal of surplus materials. The Purchasing Agent may delegate authority to a duly authorized agent or agents. The authority of the Purchasing Agent shall specifically, but without limitation, include the authority to select the method of procurement to be used and the authority to negotiate and execute contracts on behalf of the County for any and all procurements or for the disposition of materials. The Purchasing Agent shall conduct all purchasing activities in accordance with the provisions of this policy. The Purchasing Agent may not delegate approval of the use of competitive negotiation, as required by Subparagraph (h) of Section 2-3 of this policy, except in the case of purchases not exceeding $5,000.

2-2. Adoption of Procedures.

The Purchasing Agent shall prepare forms and administrative regulations for the purpose of implementing the provisions of this policy. Such forms and regulations shall be deemed a part of this policy and shall direct the actions of those to whom this policy applies. A copy of such forms and administrative regulations shall be provided to the Board annually, along with a summary of any administrative changes made during the preceding year. The Board shall approve the promulgation of those regulations.

2-3. Competition Requirements.

Prior to any purchase of goods, insurance, services or construction, reasonable price competition is desired. Except as otherwise provided in this policy the competitive pricing methods set forth below shall be followed:

(a) For purchases in the amount of $1,000 or less, prices are to be compared by telephone, catalogue, or by other appropriate means. No permanent documentation of price comparison is required.

(b) For purchases in excess of $1,000 and not greater than $5,000, telephone calls shall be placed to at least two suppliers of the item. At a minimum, oral quotes shall be obtained and written documentation of the telephone solicitation shall be made, showing the item requested, date, time, company name, price quoted, and individual making quote. Written requests for quotation may also be used.

(c) For purchases in excess of $5,000 but not greater than $15,000, at least three (3) suppliers shall be contacted. Telephone or written requests for quotations may be used.

(d) For purchases in excess of $15,000 but not greater than $30,000, written quotes are required and, at least three (3) suppliers shall be contacted. Written requests for quotations may be used and must be posted on the County’s Purchasing web-site.

(e) When a procurement transaction is made under (a), (b), or (c) above, the purchase shall be made from the supplier quoting the lowest price, or best value, unless the Purchasing Agent, using the evaluation factors in this policy for competitive negotiation or competitive sealed bidding as the case may be, documents in writing a determination that, in the best interest of the County, such purchase should be made from another supplier quoting a higher price. Such determination for purchases in excess of $5,000 shall be approved by the County Administrator or the approving authority’s designee.

(f) Purchases that in the aggregate or in the sum of all phases are expected to be in excess of $30,000 shall be made by either competitive sealed bidding or competitive negotiation and must be posted on both the County’s web-site and the Commonwealth’s procurement web-site (eVA).

(g) Purchases of professional services, as that term is defined in § 2.2-4301 of the Code of Virginia, when the cost of such services is expected to exceed $30,000, shall be made in accordance with subparagraph 3.a. under the definition of competitive negotiation as set forth in § 2.2-4301 of the Code of Virginia.

(h) The Purchasing Agent shall have the authority to use competitive negotiation to procure any goods, services or insurance, after documenting in advance the basis therefore in writing, as required by § 2.2-4303.C., Code of Virginia. Insurance may be procured through a licensed agent or broker selected in the manner provided for the procurement of things other than professional services in subdivision 3(b) of the definition of “competitive negotiation” in § 2.2-4301, Code of Virginia, if the basis for doing so is approved by the Board. Construction may be procured only by competitive sealed bidding, except that competitive negotiation may be used in the following instances upon a determination made in advance by the Purchasing Agent in writing, after making the findings required by § 2.2-4303(D), Code of Virginia:

(1) contracts for the alteration, repair, renovation or demolition of buildings when the cost of the contract will not exceed $500,000; or

(2) contracts for the construction of highways and any draining, dredging, excavation, grading or similar work upon real property.

(i) The purchase of goods or nonprofessional services, but not construction or professional services, may be made by reverse auctioning. However, bulk purchases of commodities used in road and highway construction and maintenance, and aggregates shall not be made by reverse auctioning.

Nothing in this policy shall prevent the use of competitive sealed bidding or competitive negotiation in procurements under $30,000, if deemed appropriate by the Purchasing Agent.

2-4. Exceptions to Competition Requirements.

Section 2-3 of this policy shall not apply and no price competition other than specified in this section is required in the following procurement transactions:

(a) The purchase of items under procurement contracts made available to the County by the Commonwealth of Virginia or to purchases made available to the County through other state, federal, or public entities;

(b) Contracts for legal services, expert witnesses, and other services associated with litigation, regulatory proceedings, or other legal matters;

(c) Purchases for special police work when the Sheriff certifies that the purchases are needed for undercover law enforcement operations;

(d) Contracts and purchases by the Industrial Development Authority with respect to any item of cost of an “authority facility” or “facilities” as defined in § 15.2-4902 of the Code of Virginia;

(e) Upon a determination by the Purchasing Agent in writing, which writing shall state the basis for such determination, that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competition. The Purchasing Agent shall conduct appropriate negotiations as to price, delivery, and terms. A record of the sole source procurement shall be maintained listing the contractor’s name, the amount, and qualifying circumstances. The Purchasing Agent shall provide a copy of the written determination to the County Administrator or other appropriate Approving Authority when approval is required by Section 3-17 of this policy.

(f) In cases of emergency provided, however, such procurement shall be made with such competition as is practicable under the circumstances. A written statement by the Purchasing Agent of the basis for the emergency and for the selection of the particular supplier shall be included in the papers relating to the procurement. The Purchasing Agent shall develop appropriate procedures regarding emergency purchases. The term “emergency” as used in this subparagraph means a situation where there exists a threat to public health, welfare, or safety or when an unforeseen circumstance causes disruption of an essential service.

(g) Agreements or contracts entered into between the County and private parties for cost participation or cost sharing in the extension or construction of public utilities or the provision of other public services. Any such agreements must be approved by the Board.

(h) Travel advances, travel reimbursements, or travel expenses;

(i) Meals, beverages, entertainment, awards, or similar purchases in conjunction with official county functions or meetings.

(j) Payments for services to jurors, board and commission members, sports officials, and medical examiners;

(k) Contracts for local telephone service (excepting cellular and paging services), or other regulated utility services;

(l) Interdepartmental or interagency expenses or purchases;

(m) Contracts of employment;

(n) Advertising and legal notices;

(o) Dues and subscriptions;

(p) Employee educational expenses;

(q) Textbooks, library books, and other library items for circulation to, or use by students, acquired by the public schools;

(r) Public library books and other library items for circulation to, or use by the public;

(s) Services rendered to or payments received by clients of the Department of Social Services;

(t) Foster home placements;

(u) Treatment services provided to clients by the Department of Community Services;

(v) Clinical supervision services for counselors in County employment;

(w) Occupational therapy, physical therapy, student evaluations;

(x) Mail and mail-related costs (e.g. postage meter expense, stamps, etc.);

(y) Instructional/specialty educational materials, promotional items, Crafts.

2-5. Purchases at Auction.

Notwithstanding any other provision of this policy, upon a determination by the Purchasing Agent that the purchase of certain designated goods from a public auction sale is in the best interest of the County, such items may be purchased at auction sale. The Purchasing Agent shall document the basis for any such determination.

2-6. Documentation Required.

Documentation of competitive pricing or other documentation required by this policy, including a complete copy of the solicitation for competitive bids or proposals, shall be retained along with other papers related to the procurement in the office of the Division of Purchasing. Such documentation shall be retained until the acquisition of goods is completed or the services have been rendered and after such time may be destroyed in accordance with County and State procedures governing records retention.

ARTICLE III. ADMINISTRATIVE PROVISIONS

3-1. Division of Requirements.

No using agency shall artificially divide contract requirements so as to avoid any dollar limitations set forth in this policy.

3-2. Bid List.

The County does not accept the responsibility for maintaining a bid list or the responsibility for the failure of any competitor to receive a solicitation directly from the County. The Purchasing Agent, may for the convenience of the County, maintains a bidders list containing the names of prospective offerors. The maintenance of such list shall not be construed as the acceptance of an obligation to notify any or all of the prospective offerors on such list of procurement transactions by the County.

3-3. Cost Plus Percentage of Cost Contracts Prohibited.

Except in the case of an emergency affecting the public health, safety or welfare, no contract shall be awarded on the basis of cost plus a percentage of cost. This paragraph shall not apply to contracts of insurance. Public contracts may be awarded on any other basis.

3-4. Modification of Contracts.

Contracts entered into by the County may include provisions for modification of the contract during performance but no fixed price contract may be increased by more than 10 percent of the amount of the contract or $30,000, whichever is greater, without prior approval by the Board or other approving authority. Following such approval the Contract price will consist of the original Contract amount plus all such approved modifications. The time of performance for any contract shall not be extended by more than 20 percent of the original term of the contract or thirty (30) days, whichever is greater, without prior approval by the Board or other Approving Authority. Any such modifications shall not exceed appropriations available for the project. In no event may the amount of any contract, without adequate consideration, be increased for any purpose, including, but not limited to, relief of an offeror from the consequences of an error in its bid or offer.

3-5. Prequalification of Offerors.

The Purchasing Agent may pre-qualify prospective offerors for any solicitation. Consideration of bids or proposals may be limited to pre-qualified offerors. The opportunity to pre-qualify shall be given to any prospective offeror who has not been suspended or debarred under this policy.

(a) Pre-qualification of prospective contractors for construction. If the Purchasing Agent chooses to pre-qualify prospective contractors for construction, an application form shall be used which sets forth the criteria upon which the qualifications of prospective contractors will be evaluated. The application form shall request of prospective contractors only such information and documents as are appropriate for an objective evaluation of all prospective contractors pursuant to such criteria.

The form shall contain a box, which the prospective contractor may check to request that all information submitted by the contractor in connection with the pre-qualification process shall be deemed a trade secret or proprietary information pursuant to subdivision B 55 of §2.2-4342(F), Code of Virginia. In all instances in which the Purchasing Agent requires pre-qualification of potential contractors for construction projects, advance notice shall be given of the deadline for the submission of pre-qualification applications. The deadline for submission shall be sufficiently in advance of the date set for the submission of bids for such construction so as to allow the procedures set forth in this section to be accomplished. At least thirty (30) days prior to the date established for submission of bids or proposals under the procurement of the contract for which the pre-qualification applies, the Purchasing Agent shall advise in writing each contractor which submitted an application whether that contractor has been pre-qualified. In the event that a contractor is denied pre-qualification, the written notification to such contractor shall state the reasons for such denial of pre-qualification and the factual basis of such reasons. The Purchasing Agent may deny pre-qualification to any contractor only if the Agent finds one of the following:

(1) The contractor does not have sufficient financial ability to perform the contract that would result from such procurement. If a bond is required to ensure performance of a contract, evidence that the contractor can acquire a surety bond from a corporation included on the United States Treasury list of acceptable surety corporations in the amount and type required by the public body shall be sufficient to establish the financial ability of such contractor to perform the contract resulting from such procurement;

(2) The contractor does not have appropriate experience to perform the construction project in question;

(3) The contractor has had judgments entered against him for the breach of contracts for construction;

(4) The contractor has been in substantial noncompliance with the terms and conditions of prior construction contracts with the County without good cause. If the County has not contracted with a contractor in any prior construction contracts, the Purchasing Agent may deny prequalification if the contractor has been in substantial noncompliance with the terms and conditions of comparable construction contracts with another locality without good cause. In all instances, any such substantial noncompliance shall be documented;

(5) The contractor has been convicted within the past five years of a felony involving moral turpitude regarding any procurement of or performance of a construction contract;

(6) The contractor failed to provide to the Purchasing Agent in a timely manner any information requested relevant to subdivisions 1 through 5 above.

(b) Pre-qualification for prospective offerors for other than construction solicitations.

If the Purchasing Agent chooses to prequalify prospective offerors for procurements for other than construction, the procedure set forth in subsection (a) above shall be followed, except that reasonable notice in writing of less than thirty (30) days prior to the date established for the submission of bids or proposals may be given to prospective offerors as to whether they are deemed pre-qualified or not. The Purchasing Agent may include in the application form for the pre-qualification of prospective offerors of this type reasonable criteria in addition to those set forth in subsection (a) above for the pre-qualification evaluation.

In pre-qualifying offerors pursuant to either (a) or (b) above:

(1) Pre-qualification of a prospective offeror shall not constitute a conclusive determination that a offeror is responsible, and such offeror may be rejected as not responsible on the basis of subsequently discovered information.

(2) The failure of a prospective offeror to pre-qualify with respect to a given procurement shall not bar the offeror from seeking pre-qualification as to future procurements or from bidding or submitting proposals on procurements which do not require pre-qualification.

A decision by the Purchasing Agent denying pre-qualification shall be final and conclusive unless the offeror appeals the decision by instituting legal action pursuant to § 2.2-4364, Code of Virginia.

3-6. Pre-Bid Conferences.

When deemed necessary by the Purchasing Agent, a pre-bid conference with prospective bidders may be held after draft specifications have been prepared. Such conferences are for the purpose of detecting unclear provisions and tend to widen competition by removing unnecessarily restrictive language. After such conference the final specifications shall be prepared.

3-7. Comments or Questions Regarding Invitations for Bid or Requests for Proposal.

Once invitations to bid or requests for proposal have been advertised, should a prospective offeror find any discrepancy in, or omissions from, the specifications, request for proposal, or other contract documents, or should he be in doubt as to their meaning, he shall at once notify the specified contact person who will send written instructions to all bidders. The County will not be responsible for any oral instructions.

3-8. Bonds.

In addition to any bonds which may be required by state law, the Purchasing Agent may, in the Agent's sole discretion, require a bid, performance, or payment bond or other specified surety arrangement in any procurement solicitation, provided that for construction or renovation contracts in excess of $100,000, performance and payment bonds shall be required in the amount of the contract. The requirement for such surety shall be clearly stated in the solicitation.

3-9. Offeror’s Responsibilities.

By submitting a bid or proposal an offeror agrees and warrants that it has examined all contract documents and, if appropriate, the subject of the contract, and where the specifications require a given result to be produced, that the specifications are adequate and the required results can be produced under the specifications in the contract. Omissions from the specifications shall not relieve the offeror from the responsibility of complying with the general terms and intent of the contract as indicated by the specifications. Once the award has been made, failure to have read all the conditions, instructions, and specifications of the contract will not be cause to alter the original contract or proposal, or for the offeror to request additional compensation.

3-10. Signatures on Offers or Bids.

The firm, corporation, or individual name of the offeror must be signed to any proposals or bids submitted. In the case of a corporation, the title of the officer signing must be stated and each officer must be duly authorized. In the case of a partnership, the signature of at least one of the partners must follow the firm name using the term “member of the firm” or “general partner.”

3-11. Withdrawal or Cancellation of Bids.

Except as provided in the second paragraph of this section, an offeror may withdraw or cancel a bid or proposal at any time prior to the date set for opening. After such time the offeror or bidder may not withdraw for a period of sixty (60) calendar days. Any offeror may be required to clarify its offer or bid or acknowledge by written confirmation that the minimum requirements of the specifications are included in the offeror's proposal.

The withdrawal of bids for construction contracts shall be handled in the manner specified in the advertisement for bids in accordance with the provisions of § 2.2-4330.A. of the Code of Virginia.

3-12. Evaluation of Sealed Bids.

When competitive sealed bidding is used, the following factors shall be considered, in addition to price, when determining the lowest responsible bidder and the responsiveness of the bid:

(a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required.

(b) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference.

(d) The quality of performance of previous contracts or services.

(e) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service.

(f) The sufficiency of financial resources and ability of the bidder to perform the contract or provide the service.

(g) The quality, availability and adaptability of the goods or services to the particular use required.

(h) The ability of the bidder to perform future maintenance and service for use of the subject of the contract.

(i) The number and scope of conditions attached to the bid.

(j) Any other condition or criteria included in the request for bids or the instructions to bidders.

3-13. Evaluation of Proposals Under Competitive Negotiation.

When competitive negotiation is the method of procurement selected, the following factors shall be considered in a descending order of importance in determining the most qualified firm or individual:

(a) Any special qualifications or requirements set forth in the proposal documents.

(b) Qualifications of the project manager and project teams.

(d) Quality of the content of the proposal and its responsiveness to the request for proposal.

(e) The sufficiency of financial resources and ability of the bidder to perform the contract or provide the services.

(f) Financial ability of the firm to perform future maintenance and service for the subject of the contract.

(g) The location of the office that will have the responsibility for providing the services and the ability of the offeror to respond quickly to requests and requirements of the County.

(h) Cost estimates (which may or may not be required at the time of submission of the proposal, depending upon the circumstances).

3-14. Tie Bids.

If more than one bid or proposal received is for the same total amount or unit price, quality and service being equal, the award shall be decided by lot unless goods, services and construction produced in the County or provided by persons, firms or corporations having principal places of business in the County, if such a choice is available; unless § 2.2-4324 applies.

3-15. Negotiations When Bids Exceed Available Funds.

If the lowest acceptable bid exceeds available funds, the Purchasing Agent may negotiate with the bidder to obtain a contract price within available funds. The negotiations shall be confined to a reduction in the contract price and shall not deal with changes in the contract requirements.

3-16. Cancellation or Rejection of Bids.

An invitation to bid, a request for proposal, any other solicitation, or any and all bids or proposals received may be canceled or rejected when the Purchasing Agent determines that it is in the best interest of the County to do so. The reasons therefore shall be made a part of the contract file. Any bid which is incomplete, conditional, obscure, or which is not in conformance with the specifications may be rejected or any such irregularities may be waived at the option of the Purchasing Agent provided they do not affect the price, quality, quantity, or delivery schedule for the goods, services, or construction to be procured.

No bidder shall be permitted to alter, modify or amend its bid after the time fixed for submission of bids, except as provided in Section 3-11 of this Policy.

No bid received after the time fixed for submission of bids shall be opened or considered.

No statement or notation whatsoever, written, printed, typed or otherwise set out on any bid or offer envelope, including any addition or deduction in contract price, shall be recognized or considered in the review and tabulation of any bid or offer or for any other purpose.

3-17. Approvals.

Except as provided for emergency purchases, all purchases in excess of $10,000 shall be specifically approved by the County Administrator, or the Approving Authority’s designee, prior to the placement of a firm order. Purchases in excess of $30,000 shall be specifically approved by the Board of Supervisors or the appropriate Approving Authority prior to placement of a firm order (excepting the purchase of vehicles for the Department of General Services’ Vehicle & Equipment Maintenance Division, wherein the cost of a single unit does not exceed $30,000; such purchases, subject to fund availability, may be made without Approving Authority). Emergency purchases may be approved after the fact. The request for approval shall identify the method of price competition used in the procurement.

This policy is not intended to require review or approval by the Board of specific items procured by the York County School Board, the York-Poquoson Department of Social Services, the Constitutional Officers, the York County Library, or public bodies who have by agreement become subject to this policy, when sufficient funds have been appropriated to such entity or officer for the purpose of the procurement and this policy has been followed. The Purchasing Agent with regard to such entities and officers shall, however, by signing all purchase orders for such procurements prior to the placement of a firm order, certify compliance with this policy and procedures issued pursuant to it. The Purchasing Agent shall not execute a purchase order if such procurement has not been in compliance with this policy and the procedures developed pursuant to it.

3-18. Contract Requirements and Legal Review.

The terms and conditions of procurements in excess of $15,000 shall be reviewed and approved as to form by the County Attorney prior to issuance by the Purchasing Agent. Contracts signed by all parties and containing, or incorporating by reference, all applicable terms and conditions shall be required for procurements of services or construction in excess of $25,000. Formal Invitations for Bids (IFB) and Requests for Proposals (RFP) for procurement of construction or services, when required, shall be reviewed by the County Attorney prior to advertising. Whenever a contract, signed by all parties and containing, or incorporating by reference, all applicable terms and conditions is to be used in a procurement, it and all amendments and changes thereto shall be approved as to form by the County Attorney.

3-19. Decisions of Purchasing Agent or Board Final.

All offerors are subject to the decision of the Purchasing Agent as to the quality of what is offered, responsiveness of the offer, responsibleness of the offeror, and the qualifications of the offeror. The Purchasing Agent will evaluate bids or proposals and in all cases the decision made shall be final. Every offeror submitting a bid or proposal agrees, as a condition precedent to the submission, to abide by the decisions of such official and all of the provisions of this policy.

Following execution of a contract as the result of a competitive negotiation, an unsuccessful offeror may request a “de-briefing” of a specific procurement action. Such request shall be submitted in writing to the Purchasing Agent not more than thirty (30) days following the action of the approving authority. The Purchasing Agent shall meet with the offeror within fifteen (15) days of the request to discuss how the offeror may improve proposals for future work with the County.

3-20. Debarment and Suspension.

After giving fifteen (15) days’ written notice and providing an opportunity to be heard, the Purchasing Agent, after consultation with the County Attorney, is authorized to debar any offeror for cause from consideration for the award of contracts. The debarment shall not be for a period of more than three (3) years.

After consultation with the County Attorney, the Purchasing Agent is authorized to suspend an offeror from consideration for the award of contract if there is probable cause to believe that the offeror has engaged in any activity that might lead to debarment. The suspension shall not be for a period exceeding three (3) months. Notice of any debarment or suspension shall be provided to the Board, and to the contractor, stating the reasons for the action taken.

The causes for any such debarment or suspension may include, but are not necessarily limited to, the following:

(a) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract;

(b) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense of moral turpitude indicating a lack of business or personal integrity or honesty which currently, seriously, and directly affects responsibility as a County offeror;

(d) Violation of contract provisions of a character which is regarded by the Purchasing Agent to be so serious as to justify a debarment action including, but not limited to:

(1) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in a contract with the County; or

(2) A record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts.

(e) Any other cause the Purchasing Agent determines to be so serious and compelling as to affect responsibility as a County contractor including debarment by another governmental entity.

3-21. Freedom of Information Act.

With the following exceptions, procurement documents are subject to the Virginia Freedom of Information Act:

(a) Cost estimates relating to a proposed procurement transaction prepared by or for the County shall not be open to public inspection.

(b) Bid and proposal records shall be open to public inspection only after award of the contract. Any bidder or offeror may be allowed to inspect the bid or proposal records after bid opening or after the evaluation and negotiation of proposals are completed, and prior to award unless the County decides not to accept any bids or not to accept any of the proposals and to reopen the contract.

(c) Trade secrets or proprietary information submitted to the County are not subject to disclosure if requested by the person submitting such information prior to or upon submission of the data or other materials. Any such request must identify what is to be protected and state the reasons therefor.

(d) Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions imposed by the Purchasing Agent to insure security and integrity of the records.

3-22. Claims.

Contract claims, if not otherwise provided for in such contract, shall be submitted to the Board in accordance with the provisions of §§ 15.2-1245, et seq., Code of Virginia, or, if appropriate, to the County School Board pursuant to §§ 22.1-122, and 15.2-1245, et seq., Code of Virginia, mutatis mutandis.

ARTICLE IV. DISPOSITION OF SURPLUS PROPERTY

4-1. Sale of Surplus Property.

All using agencies shall, upon request, submit to the Purchasing Agent a report of all surplus, worn out, or obsolete items, which should be disposed of. The Purchasing Agent shall have the authority to transfer such surplus stock to other using agencies. All property not so transferred shall be exchanged, traded in on new items, salvaged, or sold as deemed appropriate by the Purchasing Agent. Notwithstanding the foregoing, any library books purchased for circulation by the York County public Library which have been declared to be surplus by the York County Librarian may be donated by the Librarian to the York County Friends of the Library, or to any similar organization the main function of which is to support the activities of the York County public library system. The Librarian shall keep a record of all books so donated for review upon request by the Purchasing Agent.

In general, sales may be made at public auction, after prior advertisement in a newspaper of general circulation in the County of York, or sold on an appropriate web-site (at the sole discretion of the Purchasing Agent) to the highest bidder. Individual items may be scrapped, if in the opinion of the Purchasing Agent, the cost of storage and sale exceeds the value of the item. If the value of any individual item is estimated to exceed $10,000, sealed bids shall be solicited by public notice inserted at least once in a newspaper of general circulation in York County at least ten (10) calendar days prior to the final date for the submission of sealed bids. Bids may also be solicited for the disposition of any surplus item if the Purchasing Agent determines it to be in the best interest of the County. The Board, upon the request of the Purchasing Agent, may make a special dispensation of any individual item if, in the opinion of the Board, such dispensation is in the public interest.

4-2. Participation at County Auctions.

County and School employees are prohibited from bidding on surplus property sold at auction (traditional auction or on-line). Purchasing staff are prohibited from purchasing any surplus property whatever disposal method is used.

ARTICLE V. Public-Private Education Facilities and Infrastructure Act

5-1 Introduction

The Public-Private Education Facilities and Infrastructure Act of 2002 (the “PPEA”) grants the County of York (the “County”), a responsible public entity as defined in the PPEA, the authority to enter public-private agreements for the development of a wide range of projects for public use if the County determines there is a public need for the project and that private involvement may provide the project to the public in a timely or cost-effective fashion. Individually negotiated comprehensive agreements between an operator, as defined in the PPEA, and the County will define the respective rights and obligations of the County and the private operator. Although guidance with regard to the application of the PPEA is provided herein, it will be incumbent upon the County and all private entities to comply with the provisions of the PPEA.

In order for a project to come under the PPEA, it must meet the definition of a "qualifying project." The PPEA contains a broad definition of qualifying project that includes public buildings and facilities of all types; for example:

(a) An education facility, including, but not limited to, a school building (including any stadium or other facility primarily used for school events), any functionally-related and subordinate facility and land to a school building, and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education;

(b) A building or facility for principal use by any public entity;

(c) Improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity;

(d) Utility and telecommunications and other communications infrastructure;

(e) A recreational facility; or

(f) Certain service contracts.

The PPEA establishes requirements to which the County must adhere when reviewing and approving proposals received pursuant to the PPEA. In addition, the PPEA specifies the criteria that must be used to select a proposal and the contents of the comprehensive agreement detailing the relationship between the County and the private entity.

The County Administrator is authorized to designate a working group to be responsible for evaluating proposals and negotiating the comprehensive agreement. In the case of any project proposed for use by the York County School Board, the working group shall include representatives of the School Division.

The individual designated by the County Administrator to serve as the point of contact for implementation of procedures, to receive proposals submitted under the PPEA and to respond to inquiries regarding the PPEA or this adopted policy shall be the designated County Purchasing Agent.

5-2. General Provisions

(a) Proposal Submission - A proposal may be either solicited by the County or delivered by a private entity on an unsolicited basis. In either case, the proposal shall be clearly identified as a "PPEA Proposal". To be considered, one original and nine (9) copies of any unsolicited proposal must be submitted along with the applicable fee to the Purchasing Agent, 120 Alexander Hamilton Boulevard, P.O. Box 532, 23690, Yorktown, Virginia. Proposers may be required to follow a two-part proposal submission process consisting of a conceptual phase and a detailed phase, as described herein. The County may discontinue its evaluation of any proposal at any time during the conceptual or detailed phase.

The PPEA allows private entities to include innovative financing methods, including the imposition of user fees or service payments, in a proposal. Such financing arrangements may include the issuance of debt instruments, equity securities, or other securities or obligations. Proposals may include, if applicable, the portion of the tax-exempt private activity bond limitation amount to be allocated annually to the Commonwealth of Virginia pursuant to the Economic Growth and Tax Relief Reconciliation Act of 2001 for the development of education facilities using public-private partnerships.

Proposals should be prepared simply and economically, providing a concise description of the proposer's capabilities to complete the proposed qualifying project and the benefits to be derived from the project by the County. Project benefits to be considered are those occurring during the construction, renovation, expansion or improvement phase and during the life cycle of the project. Proposals also should include a comprehensive scope of work and a financial plan for the project, containing enough detail to allow an analysis by the County of the financial feasibility of the proposed project. Any facility, building, infrastructure, or improvement included in a proposal shall be identified specifically or conceptually. The County may request, in writing, clarification to the submission.

The PPEA is intended to encourage proposals from the private sector that offer the provision of private financing in support of the proposed public project and the assumption of commensurate risk by the private operator, but also benefits to the operator through innovative approaches to project financing, development and use. However, while substantial private sector involvement is encouraged, qualifying facilities will still be devoted primarily to public use and typically involve facilities critical to the public health, safety and welfare. Accordingly, staff shall continue to exercise full and proper due diligence in the evaluation and selection of operators for these projects. In this regard, the qualifications, capabilities, resources, and other attributes of a prospective operator and its whole team shall be carefully examined for every project. In addition, operators proposing projects shall be held strictly accountable for representations or other information provided regarding their qualifications, experience, or other contents of their proposals, including all specific aspects of proposed plans to be performed by the operator.

(b) Affected Jurisdictions - Any private entity requesting approval from or submitting a conceptual or detailed proposal to the County must provide any affected jurisdiction with a copy of the private entity's request or proposal by certified mail, express delivery or hand delivery within 5 business days after the County decides to accept the proposal. Any affected jurisdiction shall have 60 days from the receipt of the request or proposal to submit written comments to the County and to indicate whether the proposed qualifying project is compatible with the (i) jurisdiction's comprehensive plan, (ii) jurisdiction's infrastructure development plans, and (iii) capital improvements budget or other government spending plan. Comments received within the 60-day period shall be given consideration by the County.

(c) Proposal Review Fee - The PPEA authorizes the County to charge a reasonable fee to cover the costs of processing, reviewing, and evaluating proposals.