4/26/1983 - Regular
4-26-83
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Roanoke County Board of Supervisors
Roanoke County Administration Center
3738 Brambleton, Ave., S.W.
Roanoke, Virginia 24015
April 26, 1983
The Board of Supervisors of Roanoke County, Virginia, met this day in
open session at the Roanoke County Administration Center, Roanoke, Virginia, this
being the fourth Tuesday and the second regular meeting of the month of April, 1983.
IN RE:
CALL TO ORDER
At 3:17 p.m. Vice Chairman Nickens called the meeting to order. The
roll call was taken.
MEMBERS PRESENT: Vice Chairman Harry C. Nickens, Supervisors Athena E. Burton,
Gary J. .Minter, Robert E. Myers
MEMBERS ABSENT: Chairman May W. Johnson
IN RE:
EXECUTIVE SESSION
County Administrator, Donald R. Flanders, requested an Executive Session
to discuss personnel, real estate, and legal matters. Supervisor Burton moved to go
into Executive Session pursuant to the Code of Virginia, Section 2.1-344(a), (1), and
(6). The motion carried by a unanimous voice vote.
IN RE:
WORK SESSION
At 4:55 p.m. Supervisor Minter moved to return to Open Session, and the
motion carried by a unanimous voice vote.
Work Session - Change in Calculating Leave, Sherrif's Department Vice
Chairman Nickens stated that this work session was to be held over.
Work Session - Grievance Procedure Personnel Officer, Keith Cook, and
County Attorney James E. Buchholtz have completely reviewed the Grievance
Procedure and redrafted the working in order that it will be easily understood. The
old procedure was approved by the State, and it was suggested that some of the
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wording be clarified. All the changes discussed will be incorporated by the Personnel
Officer.
Work Session - Funding Priorities, Secondary Roads, Six-Year Plan
Superintendent of the Department of Public Facilities, John Hubbard, stated that
approximately $650,000 has been allocated for the 1983-1984 projects for the six-
year plan for secondary road construction. A May 10, 1983, public hearing has been
scheduled for these funding priorities. After the public hearing, the Board will
determine and adopt these priorities.
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Work Session - Street Light Contract with APCO Supervisor Minter
moved to authorize the County Administrator to execute the agreement with APCO
which reflects APCO's new rates for electrical service to street lights. The motion
carried by the following roll call vote:
AYES: Supervisor Myers, Minter, Nickens
NAYS: None
ABSENT: Supervisor Johnson I
ABST AIN: Supervisor Burton
IN RE:
RECESS
At 5:50 p.m. Supervisor Myers moved for a recess, and the motion carried
by a unanimous voice vote.
IN RE:
CALL TO ORDER - REGULAR SESSION
At 7:10 p.m. Vice Chairman Nickens called the meeting to order. The
roll call was taken.
MEMBERS PRESENT: Vice Chairman Harry C. Nickens; Supervisors Athena E. Burton,
Gary J. Minter, Robert E. Myers
MEMBERS ABSENT: Chairman May W. Johnson
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IN RE:
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CONSENT AGENDA
Resolution:
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as follows:
Supervisor Minter moved for the following prepared Consent Agenda
RESOLUTION NO. 83-72 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVffiORS AGENDA FOR THffi DATE DEffiGNATED AS
ITEM B - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
1. That that certain section of the agenda of the Board of Supervisors for
April 26, 1983, designated as Item B - Consent Agenda be, and hereby is, approved
and concurred in as to each item separately set forth in said section designated as
Items 1 through 24, inclusive, as follows:
1.
2.
3.
I 4.
5.
6.
7.
8.
9.
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Letter dated April 7, 1983, from Roanoke Valley Cablevision, Inc. regarding
Franchise Tax error.
Letter dated March 31, 1983, regarding Highway Allocations Workshops.
Letter dated March 31, 1983, from State Department of Highways and
Transportation regarding approved projects Routes 11 & 115.
Letter dated March 31, 1983, from Governor's Employment and Training
Division regarding Final Designation of Service Delivery Areas.
Letter dated March 29, 1983, from Salem Cable TV regarding construction
in Roanoke County.
Raffle Permit - LaBelle vue Garden Club - Request waiver of fee.
Report - Wellhouse lots - The Pines and Dwight Hills.
Letter dated April 8, 1983, from Roanoke Valley Cablevision, Inc. report
covering survey and inventory of activities.
Letter dated April 13, 1983, from the Virginia Municipal League requesting
an inventory of the telephone equipment and services used in governmental
operations.
10. Letter dated April 13, 1983, C. Richard Cranwell regarding "Superfund"
Program.
11. Letter dated April 11, 1983, from Roanoke City Manager Bern Ewert
acknowledging surplus bulk water sale to Roanoke County.
12. Report and Resolution - Bid - Refinish Surface and Paint 14 Refuse Trucks.
13. Report and Resolution - Bid - Portable Toilets
14. Report and Resolution - Bid - Fencing Penn Forest Park
15. Report and Resolution - Bid - Purchase of 16 Police Vehicles
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16.
Report and Resolution - Bid - Modular Ambulance for Hollins Rescue
Squad #5
17.
Report and Resolution - Bid - Protective Clothing for the Fire Department
18.
Appropriation Resolution - Planning Commission
19. Report and Resolution - Westward Lake Dam
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20. Report and Resolution - Bid - Upgrade Hurst Rescue Tool - Vinton Rescue
Squad
Adopted by the following roll call vote:
A YES: Supervisors Myers, Minter, Burton and Nickens
NA YS: None
ABSENT: Supervisor Johnson
RESOLUTION NO. 83-72.a ACCEPTING A BID MADE TO THE COUNTY
OF ROANOKE FOR A CONTRACTURAL AGREEMENT TO REFINISH
SURFACE AND PAINT FOURTEEN COUNTY REFUSE TRUCKS
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That that certain bid of D. E. Hammond & Company in the amount of
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$32,900.00, being the best bid to refinish and paint with acrylic enamel fourteen
County refuse trucks, upon all and singular the terms and conditions of the invitation
to bid, the specifications of the County of Roanoke, the bidders proposals, and the
provisions of this resolution, be, and the same hereby is ACCEPTED; and
2. That the County Administrator is hereby authorized and directed to enter
into a contract upon a form approved by the County Attorney for this service; and
3. That all other bids for this service are hereby rejected and the County
Clerk is directed to so notify such bidders and express the County's appreciation
for the submission of their bids.
Adopted by the following roll call vote:
AYES:
Supervisors Myers, Minter, Burton and Nickens
NA YS: None
ABSENT: Supervisor Johnson
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617
RESOLUTION NO. 83-72.b ACCEPTING A BID MADE TO
THE COUNTY OF ROANOKE FOR PORTABLE TOILET
SERVICES TO THE COUNTY PARKS AND RECREATION BALL
PARKS
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
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as follows:
1. That that certain bid of Bent Mountain Backhouses, Inc. of Fincastle,
Virginia, in an amount not to exceed $3,400.00, to provide portable toilet services
to the County Parks and Recreation ball parks for the months of May and June,
1983, upon all and singular the terms and conditions of the invitation to bid, the
specifications of the County of Roanoke, the bidders proposals, and the provisions
of this resolution, be, and the same hereby is ACCEPTED; and
2. That the County Administrator is hereby authorized and directed to enter
into a contract upon a form approved by the County Attorney for this service; and
3. That all other bids for this service are hereby rejected and the County
Clerk is directed to so notify such bidders and express the County's appreciation
for the submission of their bids.
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Adopted by the following roll call vote:
AYES:
Supervisors Myers, Minter, Burton and Nickens
NA YS: None
ABSENT: Supervisor Johnson
RESOLUTION NUMBER 83-72.b (1)
On motion made by Supervisor Minter, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 22, 1982, be, and is the same hereby
amended as follows to become effective April 26, 1983:
DESCRIPTIONS ACCOUNT NUMBER INCREASE
(DECREASE)
I Class: Expendi tures
Fund: General
Dept.: Parks and Recreation
Object: Rent of Equipment 03-6-07100-80010 $3,400
Dept. : Unappropriated Balance 03-6-99999-99999 ($3,400)
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4-26-83
Adopted by the following roll call vote:
AYES:
Supervisors Myers, Minter, Burton and Nickens
NAYS:
None
ABSENT: Supervisor Johnson
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RESOLUTION NO. 83-72.c ACCEPTING A BID MADE TO
THE COUNTY OF ROANOKE FOR THE ERECTION OF
FENCING AROUND THE PENN FOREST ELEMENTARY SCHOOL
BASEBALL FIELDS
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That that certain bid of Hartwell Fence Company in an amount not to
exceed $13,340.00, being the best bid for the erection of fencing around Penn Forest
Elementary School baseball fields, upon all and singular the terms and conditions of
the invitation to bid, the specifications of the County of Roanoke, the bidders
proposals, and the provisions of this resolution, be, and the same hereby is ACCEPTED:
2.
That the County Administrator is hereby authorized and directed to enter
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and
into a contract upon a form approved by the County Attorney for this service; and
3. That all other bids for this service are hereby rejected and the County
Clerk is directed to so notify such bidders and express the County's appreciation
for the submission of their bids.
Adopted by the following roll call vote:
A YES: Supervisors Myers, Minter, Burton and Nickens
NA YS: None
ABSENT: Supervisor Johnson
RESOLUTION NO. 83-72.d ACCEPTING A BID MADE TO
THE COUNTY OF ROANOKE FOR THE PURCHASE OF
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SIXTEEN POLICE SERVICE VEHICLES FOR THE ROANOKE
COUNTY SHERIFF'S DEP AR TMENT
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
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1. That that certain bid of Radley Chevrolet, being the best bid for eight (8)
4-door Chevrolet Impala sedans (two-tone brown) at $7,753.00 each and eight (8) 4-
door Chevrolet Impala sedans (various solid colors) at $7,653.00 each, for a total bid
in an amount not to exceed $123,248.00, upon all and singular the terms and conditions
of the invitation to bid, the specifications of the County of Roanoke, the bidders
proposals, and the provisions of this resolution, be, and the same hereby is ACCEPTED;
and
2. That the County Administrator is hereby authorized and directed to enter
into a contract upon a form approved by the County Attorney for this purchase; and
3. That all other bids for this purchase are hereby rejected and the County
Clerk is directed to so notify such bidders and express the County's appreciation
for the submission of their bids.
Adopted by the following roll call vote:
A YES: Supervisors Myers, Minter, Burton and Nickens
NAYS: None
ABSENT: Supervisor Johnson
RESOLUTION NO. 83-72.e ACCEPTING A BID MADE TO
THE COUNTY OF ROANOKE FOR A MODULAR AMBULANCE
TO BE PLACED IN SERVICE BY ROANOKE COUNTY RESCUE
SQUAD #5 - HOLLINS
BE IS RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That that certain bid of An-E-Body Fabricators in the amount of
$45,500.00, being the best bid received for a modular ambulance to be placed in
service by Roanoke County Rescue Squad #5 - Hollins, upon all and singular the
terms and conditions of the invitation to bid, the specifications of the County of
Roanoke, the bidders proposals, and the provisions of this resolution, be, and the
same hereby is ACCEPTED; and
2. That the County Administrator is hereby authorized and directed to enter
into a contract upon a form approved by the County Attorney for this purchase; and
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3. That all other bids for this purchase are hereby rejected and the County
Clerk is directed to so notify such bidders and express the County's appreciation
for the submission of their bids.
Adopted by the following roll call vote:
AYES:
Supervisors Myers, Minter, Burton and Nickens
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NA YS: None
ABSENT: Supervisor Johnson
RESOLUTION NO. 83-72.f ACCEPTING BIDS MADE TO THE
COUNTY OF ROANOKE TO FURNISH PROTECTIVE CLOTHING
FOR THE FIRE AND EMERGENCY SERVICES DIVISION OF
THE DEPARTMENT OF PUBLIC SAFETY
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That bids to furnish protective clothing for the Fire and Emergency
Services Division of the Department of Public Safety, total purchases not to exceed
$44,486.00 on all contracts, upon all and singular the terms and conditions of the
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invitation to bid, the specifications of the County of Roanoke, the bidders proposals,
and the provisions of this resolution, be, and the same hereby is ACCEPTED as follows:
From Zimmerman-Evans Inc.
Helmets
Boots, hip
Boots, short
$6,464.00
59.35 pair
50.39 pair
From A-1 Fire and Equipment Co.
Bunker coats, 35-inch
Bunker coats, 40-inch
Bunker pants
Suspenders
$ 141.70 each
148.20 each
97.22 pair
6.25 pair
From Kay Uniforms
Gloves
$ 25.40 pair
2. That the County Administrator is hereby authorized and directed to enter
3. That all other bids for these purchases are hereby rejected and the County
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into a contract upon a form approved by the County Attorney for these purchases; and
Clerk is directed to so notify such bidders and express the County's appreciation
for the submission of their bids.
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AYES:
NAYS:
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Adopted by the following roll call vote:
Supervisors Myers, Minter, Burton and Nickens
None
ABSENT: Supervisor Johnson
RESOLUTION NUMBER 83-72.g
On motion made by Supervisors Burton, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 22, 1982 be, and is the same hereby
amended as follows to become effective April 26, 1983:
DESCRIPTION
ACCOUNT NUMBER
INCREASE
(DECREASE)
Class:
Fund:
Dept:
Object:
Dept:
AYES:
NAYS:
Expenditures
General
Planning Commission
Salaries
03-6-08101-10010
$600
($600)
Unappropriated Balance
03-6-99999-99999
Adopted by the following roll call vote:
Supervisors Myers, Minter, Burton and Nickens
None
ABSENT: Supervisor Johnson
RESOLUTION NUMBER 83-72.h
On motion made by Supervisor Burton, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 22, 1982 be, and is the same hereby
amended as follows to become effective April 26, 1983:
DESCRIPTION
ACCOUNT NUMBER
INCREASE
(DECREASE)
Class:
Fund:
Dept:
Object:
Dept:
Expenditures
General
Miscellaneous
Professional Services
03-6-09105-30020
$19,866
($19,866)
Unappropriated Balance
03-6-99999-99999
A YES: Supervisors Myers, Minter, Burton and Nickens
Adopted by the following roll call vote:
NA YS: None
ABSENT: Supervisor Johnson
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4-26-83
RESOLUTION NO. 83-72.i AWARDING A SOLE-SO URCE
CONTRACT TO VIRGINIA - MARYLAND RESCUE SYSTEM OF
NORFOLK FOR UPGRADING THE HURST RESCUE TOOL
- "JAWS OF LIFE"
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
1. That a sole-source contract to upgrade the Hurst Rescue Tool - "Jaws
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as follows:
of Life" be, and hereby is, awarded to Virginia - Maryland Rescue Systems of Norfolk,
Virginia, for an amount not to exceed $3,250.00; and
2. That the County Administrator is hereby authorized and directed to enter
i into a contract upon a form approved by the County Attorney for this service.
Adopted by the following roll call vote:
A YES: Supervisors Myers, Minter, Burton and Nickens
NAYS: None
ABSENT: Supervisor Johnson
RESOLUTION NUMBER 83-72.j
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On motion made by Supervisor Nickens, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 22, 1982 be, and is the same hereby
amended as follows to become effective April 26, 1983:
DESCRIPTION
ACCOUNT NUMBER
INCREASE
(DECREASE)
Class:
Fund:
Dept:
Object:
Dept:
Expenditures
General
County Administrator
Professional Services
03-6-01201-30020
$75
($75)
Unappropriated Balance
03-6-99999-99999
Adopted by the following roll call vote:
AYES:
Supervisors Myers, Minter, Burton and Nickens
NAYS:
None
ABSENT: Supervisor Johnson
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4-26-83
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RESOLUTION NUMBER 83-72.k
On motion made by Supervisor Burton, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 22, 1982 be, and is the same hereby
amended as follows to become effective April 26, 1983:
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ACCOUNT NUMBER
INCREASE
(DECREASE)
DESCRIPTION
Class:
Fund:
Dept.:
Object:
Dept:
Expenditures
General
Contributions to
Service Organizations
National Association of
County Recorders and Clerks
03-6-09104-56067
$1,000
(1,000)
Unappropriated Balance
03-6-99999-99999
Adopted by the following roll call vote:
A YES: Supervisors Myers, Minter, Burton and Nickens
NA YS: None
ABSENT: Supervisor Johnson
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RESOLUTION NUMBER 83-72.1
On motion made by Supervisor Minter, the General Appropriation Resolution
of Roanoke County, Virginia, adopted June 22, 1982 be, and is the same hereby
amended as follows to become effective April 26, 1983:
ACCOUNT NUMBER
INCREASE
(DECREASE)
DESCRIPTION
Class:
Fund:
Dept.:
Object:
Dept.:
AYES:
NAYS:
ABSENT:
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as follows:
Expenditures
General
Planning and Zoning
Part-time Salaries
03-6-08100-10030
$870
(870)
Unappropriated Balance
03-6-99999-99999
Adopted by the following roll call vote:
Supervisors Myers, Minter, Burton and Nickens
None
Supervisor Johnson
RESOLUTION NO. 83-72.m AUTHORIZING AND DIRECTING
THE CONVEYANCE OF A CERTAIN TRIANGULAR STRIP OF
LAND TO THE ROANOKE COUNTY SCHOOL EMPLOYEES
FEDERAL CREDIT UNION
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
6 2 4 4-26-83
1. That the County Administrator be; and is hereby, authorized and directed
to execute a deed of conveyance from the Board of Supervisors conveying a small
triangular strip of land, containing 312 square feet more or less, situate, lying and
being in the City of Salem, Virginia to the Roanoke County School Employees Federal
Credit Union; and
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2. That such deed of conveyance shall contain special warranty of title and
shall otherwise be on such form as approved by the County Attorney.
Adopted by the following roll call vote:
A YES: Supervisors Myers, Minter, Burton and Nickens
NA YS: None
ABSENT: Supervisor Johnson
IN RE: CITIZENS COMMENTS AND COMMUNICATIONS
Mrs. Gladys Bradley was present to accept the resolution which recognized
the years of service of W. Carter Bradley. Supervisor Minter moved for the following
prepared resolution:
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RESOLUTION NO. 83-73 EXPRESSING THE BOARD OF
SUPERVISORS' SYMPATHY TO THE FAMILY AND FRIENDS
OF W. CARTER BRADLEY AND FURTHER, EXPRESSING THE
BOARD'S APPRECIATION FOR THE LONG AND DEDICATED
SERVICE OF MR. BRADLEY
WHEREAS, W. Carter Bradley was appointed to serve as a member of the
Health Department serving Roanoke County on March 1, 1955; and
WHEREAS, W. Carter Bradley, at all times, performed and discharged his duties
and responsibilities in a most dedicated and professional manner and rose to the
position of Senior Sanitarian with the Air Pollution Control section of the State
Department of Health; and
WHEREAS, through the efforts of Mr. Bradley, the environment of the entire
Roanoke Valley was substantially improved to the benefit of the citizens thereof; and
WHEREAS, W. Carter Bradley departed this life on March 11, 1983, leaving
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this Valley a legacy of a more healthy environment in which to work and play;
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NOW, THEREFORE, BE IT RESOLVED by the Board as follows:
(1) That the Board, on behalf of itself and all citizens of Roanoke County, does
express its deepset and most heart-felt sympathy to the family and friends on
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the passing of W. Carter Bradley, and
(2) The Board does express its most sincere appreciation for the dedication and
professionalism exhibited by the life of W. Carter Bradley in the service of
all the citizens of Roanoke County and the Roanoke Valley, and
(3) That a duly displayed and attested copy of this Resolution be forthwith
forwarded to the family of W. Carter Bradley.
Adopted by the following roll call vote:
A YES: Supervisors Myers, Minter, Burton and Nickens
NA YS: None
ABSENT: Supervisor Johnson
IN RE: PROCLAMATION - NATIONAL CONSUMERS' WEEK
I Mrs. Mary Frances Stephanz. Executive Director of the Belter Business
Bureau of Western Virginia, Inc., and Ms. Charlotte Kidd, VPI & SU Extension Agent
Consumer Affairs Specialist, were present to receive the following proclamation
designating the week of April 24, 1983, as National Consumers' Week.
PROCLAMATION
WHEREAS, a major function of our competitive free enterprise economy is to
satisfy consumer demand. The effective demand of consumers is what keeps producers
in the business of supplying goods and services and is vital to keeping the wheels
of industry turning. Therefore, it is most important that we fully recognize the
crucial role consumers play in our economy; and
WHEREAS, consumers should have access to a wide assortment of competitively
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priced goods and services produced here and abroad; accurate information on product
content and care, on contractual agreements, on the cost of credit - essentially
whatever facts are needed to make an informed choice. But of greatest importance
to consumers and private enterprise is protection against the marketing of goods
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4-26-83
that are hazardous to health or life, a fair hearing of complaints with appropriate
remedies where justified, and dutiful consideration of consumer concerns at all levels
of government; and
WHEREAS, an effective and efficient system of commerce depends on an
informed and educated public; and while, the major responsibility for consumer
education rests primarily with the individual, the communications media and other
interested organizations and institutions play an instrumental part in furthering the
understanding of American consumers.
NOW, THEREFORE, I, Harry C. Nickens, Vice-Chairman of the Roanoke County
Board of Supervisors, do hereby designate the week beginning April 24, 1983, as
NATIONAL CONSUMER'S WEEK IN ROANOKE COUNTY
IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of April,1983.
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IN RE:
NOISE STUDY
Mr. Sonny Ward, 6620 Pendleton Avenue, Roanoke, representing the
property owners of Plymouth Drive and Pendleton Avenue requested that a sound
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study be conducted in that area to see whether the noise from the airport is in
violation of the Roanoke County Noise Ordinance. The residents are bothered by
low-flying planes, excessive noise, blasts from the development of the airport, jet
engines and pollution from jet engines. The citizens requested a revision or update
and enforcement of the Noise Ordinance. Supervisor Minter made a motion for the
County Administrator to look into the feasibility and cost of a noise study, and the
motion carried by a unanimous voice vote.
The memorandum from George R. Long, Executive Director of Virginia
Association of Counties, dated March 29, 1983, regarding the salaries of County
Supervisors was received and filed on motion by Supervisor Burton.
Concerning the communications regarding the drainage problems at
Brambleton and Fleetwood Avenues, County Administrator Flanders asked
Superintendent of the Department of Public Facilities, John Hubbard, to report on
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his meeting with legislators and citizens on April 25. Mr. Hubbard informed the
Board that he met with Mr. Greer, who initiated the petition, Steve Agee, Chip
Woodrum, and members of the State Department of Highways and Transportation and
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the District Engineer. The Highway Department has agreed to investigate the
possibilities of cleaning the existing sewers; and if they are collapsed, they will be
replaced. This is an interim solution using the existing system until alternatives can
be investigated. No citizens were present to speak on this issue.
IN RE:
PUBLIC HEARINGS
ADOPTING TWO NEW SECTIONS TO THE COUNTY CODE
PROVIDING A PROCUREMENT PROCEDURE FOR THE
COUNTY OF ROANOKE AND PROVIDING FOR A CODE OF
ETHICS RELATING TO PROCUREMENT. APPROVED
Vice Chairman Nickens stated that this was adopted as an emergency at
the December 14, 1982, meeting; and the County Attorney, James E. Buchholtz, said
that no changes had been made and recommended readoption of the Procurement
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Procedure. On motion by Supervisor Burton the following Procurement Procedure
was adopted:
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Sec. 2-7. Purpose.
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The purpose of this article is to provide for the fair and
equitable treatment of all persons involved in public
purchasing by this County, to maximize the purchasing value
of public funds in procurement, and to provide safeguards
for maintaining a procurement system of quality and
integrity.
Sec. 2-8. Definitions.
(a) Bid Committee. A committee appointed by the Chief
Administrator, as defined herein, to be comprised of a
member of the Governing Body, the Chief Administrator,
and the Superintendent of the using department or his
designee.
(b) Brand name or equal specificatiDn. A specification
limited to one or more items by manufacturers' names
or catalogue numbers to describe the standard of
quality, performance, and other salient
characteristics needed to meet County requirements and
which provides for the submission of equivalent
products.
(c) Business. Any corporation, partnership,
individual, sole proprietorship, joint stock company,
joint venture or any other private legal entity.
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(d) Change order. A written order signed and
unilaterally issued on behalf of the County directing
the contractor to make changes which the "changes"
clauses of the contract authorizes the Purchasing
Agent to order without the consent of the contractor.
(e) Chief Administrator. The County Administrator.
(f) Competitive neqotiation. A method of source
selection which involves individual discussions
between the County's designated representative and the
offeror on the basis of responses to the County's
request for proposals.
(g) Competetive sealed bidding. A method of source
selection which includes the following elements:
1. Issuance of a written invitation to
containing or incorporating by reference
specifications and contractural terms
conditions applicable to the procurement.
bid
the
and
2. Public notice of the invitation to bid.
3. Public opening and announcement of all bids
received.
I
4. Evaluation of bids based upon the requirements
set forth in the invitation.
5. Award to the lowest responsive and responsible
bidder.
(h) Confidential information. Any information which
is available to an employee only because of the
employee's status as an employee of this County and is
not a matter of public knowledge or available to the
public on request.
029
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improving
highway,
grading or
-
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or demolishing any structure, building or
and any draining, dredging, excavation,
similar work upon real property.
(j) Construction management contract. A contract in
which a person is retained by the County to coordinate
and administer contracts for construction services for
the benefit of the County and may also include, if
provided in the contract, the furnishing of
construction services to the County.
(k) Contract. All types of agreements, regardless of
what they may be called, for the procurement of goods,
services, insurance or construction.
(1) Contract modification. Any alteration in
specifications, delivery point, rate of delivery,
period of performance, price, quantity, or other
provision of any contract accomplished by mutual
action of the parties to the contract.
(m) Contractor. Any person having a contract with the
County as defined herein.
(n) Cost data. Factual
cost of labor, material,
elements which are expected
have been actually incurred
performing the contract.
information concerning the
overhead, and other cost
to be incurred or which
by the contractor in
(0) Cost-reimbursement contract. A contract under
which a contractor is reimbursed for costs which are
allowable and allocable in accordance with the
contract terms and the provision of this article and a
fee or profit, if any.
(p) County. The County
any agency, department,
entity thereof.
of Roanoke, Virginia, and/or
board, commission, or like
(q) Direct or indirect participation. Involvement
through decision, approval, disapproval,
recommendation, preparation of any part of a purchase
request, influencing the content of any specification
or procurement standard, rendering of advice,
investigation, auditing, or in any other advisory
capacity.
(r) Disadvantaged business. A small business which is
owned or controlled by a majority of persons, not
limited to members of minority groups, who have been
deprived of the opportunity to develop and maintain a
competitive position in the economy because of social
disadvantages.
(s) Employee. An individual drawing a salary or wages
from the County, whether elected or not; any
noncompensated individual performing personal services
for the County, and any noncompensated individual
serving as an elected official of the County.
( t ) Good s .
printing and
software.
All material, equipment, supplies,
automated data processing hardware and
(u) Governing Body.
Roanoke County.
The Board of Supervisors of
-
(v) Informality. A minor defect or variation of a bid
or proposal or the receipt thereof from the exact
requirements of the invitation to bid, or the Request
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quality, quant~ty or delivery schedule for the goods,
services or construction being procured and which does
not place any bidder, offeror, etc., at either a
competitive advantage or disadvantage as the case may
be.
I
(w) Insurance. A contract whereby, for a stipulated
consideration, one person undertakes to compensate the
other for loss on a specified subject for specified
perils.
(x) Invitation for bids. All documents, whether
attached or incorporated by reference, utilized for
soliciting sealed bids. No confidential or
proprietary data shall be solicited in any Invitation
for Bids.
(y) Nominal value. So small, slight, or the like, in
comparison to what might properly be expected, as
scarcely to be entitled to the name but in no case to
be more than $5.00.
(z) Nonprofessional services.
specifically identified herein
services.
Any
as
services not
professional
(aa) Person.
committee, club,
individuals.
Any business, individual,
other organization, or
union,
group of
I
(bb) Pricing data. Factual information concerning
prices for items substantially similar to those being
procured. Prices in this definition refer to offer or
proposed selling prices, historical selling prices and
current selling prices. The definition refers to data
relevant to both prime and subcontract prices.
(cc) Professional services. Work performed by an
independent contractor within the scope of the
practice of accounting, architecture, land surveying,
landscape architecture, law, medicine, optometry or
professional engineering.
(dd) Public body. Any legislative, executive or
judicial body, agency, office, department, authority,
post, commission, committee, institution, board, or
political subdivision created by law to exercise some
sovereign power or to perform some governmental duty,
and empowered by law to undertake the activities
described in this policy.
(ee) Purchasing Aqent. The purchasing official for the
County of Roanoke.
I
(ff) Qualified products list. An approved list of
goods, services, or construction items described by
model or catalogue number, which prior to competitive
solicitation, the County has determined will meet the
applicable specification requirements.
(gg) Request for proposals.
attached or incorporated by
soliciting proposals.
All documents, whether
reference, utilized for
(hh) Responsible bidder or offeror. A person who has
the capability, in all respects, to perform fully the
contract requirements and the moral and business
integrity and reliability which will assure good faith
performance, and who has been prequalified, if
required.
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(ii) Responsive bidder. A person who has submitted a
bid which conforms in all substantive respects to the
Invitation to Bid.
work performed by an independent
the service rendered does not
of acquisition of equipment or
rental of equipment, materials and
(jj) Services. Any
contractor wherein
consist primarily
materials, or the
supplies.
(kk) Sheltered workshop. A work-oriented rehabilative
facility with a controlled working environment and
individual goals which utilizes work experience and
related sevices for assisting the handicapped person
to progress toward normal living and a productive
vocational status.
(11) Specification. Any description of the physical
or functional characteristics, or of the nature of a
good, service or construction item. It may include a
description of any requirement for inspecting,
testing, or preparing a good, service or construction
item for delivery.
Sec. 2-9. Application.
(a) This article applies to contracts for the
procurement of goods, services, insurance and
construction entered into by this County involving
every expenditure for public purchasing irrespective
of its source.
(b) Where any procurement transaction involves the
expenditure of federal assistance or contract funds,
the receipt of which is conditioned upon compliance
with mandatory requirements in federal laws or
regulations not in conformance with the provisions of
this chapter, the County may comply with such federal
requirements, notwithstanding the provisions of this
article only upon the written determination of the
Governing Body that acceptance of the grant or
contract funds under the applicable conditions is in
the public interest. Such determination shall state
the specific provision of this policy in conflict with
the conditions of the grant or contract.
Sec. 2-10.
Severability.
If any provision of
to any person or
invalidity shall
applications of this
without the invalid
end the provisions
severable.
this article or any application thereof
circumstances is held invalid, such
not affect other provisions or
article which can be given effect
provision or application, and to this
of this article are declared to be
Sec. 2-11. Establishment, Appointment,
Purchasing Agent.
and Bond
of
(a) For the County there is hereby created a
purchasing system to operate under the direction and
supervision of the Superintendent of Fiscal
Management.
(b) The Purchasing Agent for the County of Roanoke
shall be the Superintendent of Fiscal Management. The
Purchasing Agent may delegate the administrative
purchasing responsibility to a responsible subordinate
upon recommendation of the Chief Administrator and
approval of the Governing Body.
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~-cT Toe.. '81n9 Agent: and/or such deslgnated
subordinate shall be bonded. The form and amount of
the bond shall be determined by the Governing Body.
Sec. 2-12. Authority and Duties
I
(a) The Purchasing Agent shall serve as the principal
public purchasing official for the County and shall be
responsible for the procurement of goods, services,
insurance and construction in accordance with this
article, as well as the management and disposal of
supplies.
(b) In accordance with this article, the Purchasing
Agent shall:
(1) purchase or supervise the purchasing of all
goods, services, insurance and construction
needed by the County. ;
(2) exercise direct
County's central stores
over all other inventories
the County;
supervision over the
and general supervision
of goods belonging to
(3) sell, trade or otherwise dispose of surplus
goods belonging to the County; and
I
(4) establish and maintain programs for
specifications development, contract
administration and inspection and acceptance, in
cooperation with the public agencies using the
goods, services, and construction.
(c) The Purchasing Agent shall have the power and
duty to:
(1) Purchase or contract for all goods,
services, insurance and construction required by
using department, except as provided herein;
(2) Ensure preparation and
standard specifications;
enforcement
of
(3) Ensure the inspection of all deliveries of
goods, services, or construction purchased
through him to determine their conformance with
the order or contract;
(4) Act to procure for the County the highest
quality in goods, services, insurance and
construction at the least expense to the County;
(5) Endeavor
competition as
sales;
to obtain as
possible on all
full and open
purchases and
I
(6) Keep informed of current developments in the
field of purchasing, prices, market conditions,
and new products;
(7) Secure for the
research done in the
other governmental
societies, national
private business and
County the benefits of
fields of purchasing by
jurisdictions, national
trade associations, and by
organizations;
I ( 8 ) Prepare standard purchase nomenclature for
I
I goods for the using departments;
,
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( 9 ) Prepare and maintain a vendor's file
containing catalogues, descriptions of
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(10) Declare vendors who default on their
quotations as irresponsible bidders and
disqualify them from receiving business from the
County for a stated period of time, subject to
approval by the Governing Body;
(11) Develop and maintain a current file
sources of goods, services, insurance
construction to be known as a "bidder list"
which vendors can request to be added;
of
and
to
(12) Refuse to issue any purchase order until
there has been certification that there is to the
credit of the requesting department a sufficient
unencumbered appropriated balance, in excess of
all unpaid obligations, to defray the amount of
such order;
(13) Maintain an accurate listing and status of
all outstanding contracts including expiration
dates, establish a list of the needs assessment
of the several departments, develop a process for
renewal of expiring contracts, and develop a
check-list to evaluate the quality of completion
of all contracts.
(14) Perform all other functions and duties,
including administrative service to the Bid
Committee, in keeping with sound purchasing
practices and such other duties as may be
assigned.
Sec. 2-13. Procurement Procedure.
After receiving a request for goods, services, etc., from a
using department or agency, the Purchasing Agent shall
promptly procede to satisfy the requirements in the most
efficient manner. Where practical, standardized
inventories, standardized specifications, existing
contracts and the use of free and open competition should
be used to satisfy these needs. This process will require
proper planning by the using departments to prevent
unreasonabe delays or the use of unsound purchasing
practices which may not be in the best interest of the
County. The purchase requisition shall include specific
detail, brand name, or adequate specifications to ensure
the pocurement of the item needed.
Sec. 2-14. Unauthorized Purchases.
Except as herein provided no official elected or appointed,
or any employee shall purchase or contract for any goods,
services, insurance, or construction within the purview of
this article other than by and through the purchasing
system, and any purchase order or contract made contrary to
the provisions hereof is void and the County shall not be
bound thereby.
Sec. 2-15. Small Purchases.
-
Any contract not exceeding $2,500.00 may be made in
accordance with small purchase procedures; (see Sec. 2-57-
Small Purchase Procedures) provided, however, that contract
requirements shall not be artificially divided so as to
constitute a small purchase under this section; and
provided further that all procurements exceeding $2,500.00
shall require specific award by the Governing Body as made
and provided by law.
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The County may participate in, sponsor, conduct or
administer a cooperative procurement agreement with one or
more other public bodies for the purpose of combining
requirements to increase efficiency or reduce
administrative expenses. Any public body which enters into
a cooperative procurement agreement with the County shall
agree to comply with the provisions and procedures adopted
by this article.
Sec. 2-17. Competitive Sealed Bidding - Conditions for
Use.
(a) All public contracts with non-governmental
contractors for the purchase or lease of goods, or for
the purchase of services, insurance, or construction
shall be awarded after competitive sealed bidding, or
competitive negotiation as provided in this article
unless otherwise authorized by law.
I, .
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(b) No contract for the construction of any building
or for an addition to or improvement of an existing
building for which state funds of $100,000 or more,
either by appropriation, grant-in-aid or loan, are
used or are to be used for all or part of the cost of
construction shall be let except after competitive
bidding. The procedure for the advertising for bids
and letting of the contract shall conform, mutatis
mutandis, to this article. No person or firm shall be
eligible to bid on any such contract nor to have the
same awarded to him or it who has been engaged as
architect or engineer for the same project.
Sec. 2-18. Procurement Information.
I
Except as provided herein, all proceedings, records,
contracts and other public records relating to procurement
transactions shall be open to the inspection of any
citizen, or any interested person, firm or corporation, in
accordance with the Virginia Freedom of Information Act.
Cost estimates relating to a proposed transaction prepared
by or for the County shall not be open to public
inspection. Any bidder or offeror, upon request, shall be
afforded the opportunity to inspect bid and proposal
records within a reasonable time after the opening of all
bids but prior to award, except in the event that the
County decides not to accept any of the bids. Otherwise,
bid and proposal records shall be open to public inspection
only after award of the contract. Any inspection of
procurement transaction records under this section shall be
subject to reasonable restrictions to ensure the security
and integrity of the records. Trade secrets or proprietary
information submitted by a bidder, offeror or contractor in
connection with a procurement transaction shall not be
subject to public disclosure under the Virginia Freedom of
Information Act; however, the bidder, offeror or contractor
must invoke the protections of this section prior to or
upon submission of the data or other materials, and must
identify the data or other materials to be protected and
state the reasons why protection is necessary.
Sec. 2-19. Employment Discrimination Prohibited.
Every contract of over $10,000 shall include the provisions
in (a) and (b) below:
(a) During the performance of this contract, the
contractor agrees as follows:
l--
(1) The contractor will not discriminate against
any employee or applicant for employment because
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or1g1n, except where religion, sex or national
origin is a bona fide occupational qualification
reasonably necessary to the normal operation of
the contractor. The contractor agrees to post in
conspicuous places, available to employees and
applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
(2) The contractor, in all solicitations or
advertisements for employees placed by or on
behalf of the contractor, will state that such
contractor is an equal opportunity employer.
(3) Notices, advertisements and solicitations
placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the
purpose of meeting the requirements of this
section.
(b) The contractor will include the provisions of the
foregoing paragraphs (1), (2), and (3) in every
subcontract or purchase order of over $10,000, so that
the provisions will be binding upon each subcontractor
or vendor.
Sec. 2-20. Prequalification of Bidders.
(a) The Purchasing Agent is authorized to prequalify
bidders prior to any solicitation of bids, whether for
goods, services, insurance or construction, by
requiring prospective bidders to submit such
information as the Purchasing Agent shall deem
appropriate, including samples, financial reports, and
references; provided, however, that opportunity to
prequalify shall be given to any prospective bidder
who has not been suspended or debarred under this
article.
(b) The Purchasing Agent may refuse to prequalify any
prospective contractor, provided that written reasons
for refusing to prequalify are made a part of the
record in each case. The decision of the Purchasing
Agent shall be final.
(c) In considering any request for prequalification,
the Purchasing Agent shall determine whether there is
reason to believe that the bidder possesses the
management, financial soundness, and history of
performance which indicate apparent ability to
successfully complete the plans and specifications of
the invitations for bid. The Purchasing Agent may
employ standard forms designed to elicit necessary
information, or may design other forms for that
purpose.
(d) Prequalification of a bidder shall not constitute
a conclusive determination that the bidder is
responsible, and such bidder may be rejected as
nonresponsible on the basis of subsequently discovered
information.
(e) Failure of a bidder to prequalify with respect to
a given procurement shall not bar the bidder from
seeking prequalification as to future procurements, or
from bidding on procurements which do not require
prequalification.
Sec. 2-21. Notice of Invitation to Bid.
-
(a) Notice inviting sealed bids shall be published
once in at least one official newspaper of general
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preceding the last day set for the receipt of bids.
(b) The newspaper notice required herein shall
include a general description of the articles to be
purchased or sold, shall state where bid blanks and
specifications may be secured, and the time and place
for opening bids.
I
(c) The Purchasing Agent shall also solicit sealed
bids from all responsible prospective suppliers who
have requested their names to be added to a "bidders'
list" which the Agent shall maintain, by sending other
notice as will acquaint them with the proposed
purchase or sale. In any case, invitations sent to
the vendors on the bidders' list shall be limited to
commodities that are similar in character and
ordinarily handled by the trade group to which the
invitations are sent.
(c) The Purchasing Agent shall also advertise all
pending purchases or sales by notice posted on the
appropriate public bulletin board.
Sec. 2-22. Use of Brand Names.
I
Unless otherwise provided in the invitation to bid, the
name of a certain brand, make or manufacturer does not
restrict bidders to the specific brand, make or
manufacturer names; it conveys the general style, type,
character, and quality of the article desired, and any
article which the Governing Body in its sole discretion
determines to be the equal of that specified, considering
quality, workmanship, economy of operation, and suitability
for the purpose intended, shall be accepted.
Sec. 2-23.
Conference.
Comments
on
Specifications
Pre-Bid
For complex equipment, supplies, construction, or repair,
pre-bid conferences with prospective bidders are desirable
after draft specifications have been prepared. Such
conferences help to detect unclear provisions and tend to
widen competition by removing unnecessarily restrictive
language. Conferences on purchasing bids will be called by
the Purchasing Agent and attended by the appropriate
departmental representative.
Sec. 2-24. Bid Bonds on Construction Contracts.
I
(a) Except in cases of emergency, all bids or
proposals for construction contracts in excess of
$25,000 shall be accompanied by a bid bond with
corporate surety selected by the bidder which surety
is legally authorized to do business in Virginia, as a
guarantee that if the contract is awarded to such
bidder, that bidder will enter into the contract for
the work mentioned in the bid. The amount of the bid
bond shall not exceed five percent of the amount bid.
(b) No forfeiture under a
lesser of (i) the difference
the bond was written and the
face amount of the bid bond.
bid bond shall exceed the
between the bid for which
next low bid, or (ii) the
Sec. 2-25. Bonds for Other Than Construction Contracts.
(a) At the discretion of the Purchasing Agent, after
consultation with the Chief Administrator, bidders may
be required to submit with their bid a bid bond, or a
certified check, in an amount to be determined by the
Purchasing Agent and specified in the invitation to
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liquidated damages upon the bidder's failure to
execute a contract awarded to him or upon the bidder's
failure to furnish any required performance or payment
bonds in connection with a contract awarded to him.
.
(b) The Purchasing Agent, after consultation with the
Chief Administrator, may require successful bidders to
furnish a performance bond and/or a payment bond at
the expense of the successful bidder, in amounts to be
determined by the Purchasing Agent and specified in
the invitation to bid, to ensure the satisfactory
completion of the work for which a contract or
purchase order is awarded.
I
Sec. 2-26. Rejection of Bids.
An Invitation for Bids, a Request for Proposals, or other
solicitation may be cancelled, or any or all bids or
proposals may be rejected in whole or in part when the
Governing Body determines that it is in its best interest
to do so. The reasons therefore shall be made a part of
the record in the matter.
Sec. 2-27. Competitive Sealed Bidding - Bid Opening.
Bids shall be opened publicly in the presence of one or
more witnesses at the time and place designated in the
Invitation for Bids. The amount of each bid, and such
other relevant information as the Purchasing Agent deems
appropriate, together with the name of each bidder shall be
tabulated and recorded. A tabulation of all bids received
shall be posted for public inspection. After award of
contract, all bids and bidding records shall be open to
public inspection.
I
Sec. 2-28. Withdrawal of Bid Due to Error.
(a) A bidder for a public construction contract,
other than a contract for construction or maintenance
of public highways, may withdraw his bid from
consideration if the price bid was substantially lower
than the other bids due solely to a mistake therein,
provided the bid was submitted in good faith, and the
mistake was a clerical mistake as opposed to a
judgment mistake, and was actually due to an
unintentional arithmetic error or an unintentional
omission of a quantity of work, labor or material made
directly in the compilation of a bid, which
unintentional arithmetic error or unintentional
omission can be clearly shown by objective evidence
drawn from inspection of original work papers,
documents and materials used in the preparation of the
bid sought to be withdrawn.
(b) The procedure
in the advertisement
withdrawal of bids is:
for bid withdrawal must be stated
for bids. The procedure for
Any bidder claiming the right to withdraw
shall give notice in writing of his
right to withdraw his bid within two
days after the conclusion of the bid
procedure.
his bid
claim of
business
opening
I
(c) Procedures for the withdrawal of bids for other
than construction contracts may be established by the
Purchasing Agent.
-
(d) No bid may be withdrawn under this section when
the result would be the awarding of the contract or
another bid of the same bidder or of another bidder in
tia8
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--wrrrcn tne ownerSlllp or 1:lfe WI thdrawIng bIdder is more
than five percent.
(e) If a bid is withdrawn under the authority of this
section, the lowest remaining responsible bid shall be
deemed to be the low bid.
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I
(f) No bidder who is permitted to withdraw a bid
shall, for compensation, supply any material or labor
to or perform any subcontract or other work agreement
for the person or firm to whom the contract is awarded
or otherwise benefit, directly or indirectly, from the
performance of the project for which the withdrawn bid
was submitted.
(g) If the Governing Body denies the withdrawal of a
bid under the provisions of this section, it shall
notify the bidder in writing stating the reasons for
its decisions.
Sec. 2-29. ,Competitive Sealed Bidding - Bid Evaluation.
(a) In determining the "lowest responsible bidder," in
addition to the price, the Purchasing Agent and/or Bid
Committee shall consider:
(1) The ability,
bidder to perform
service required;
capacity and
the contract
skill of the
or provide the
.~.
.
(2) Whether the bidder can perform the contract
or provide the service promptly, or within the
time specified, without delay or interference;
( 3 ) The
judgment,
bidder;
character,
experience,
integrity, reputation,
and efficiency of the
(4) The quality of performance of previous
contracts or services;
(5) The previous and
bidder with laws and
contract or service;
existing compliance by
policies relating to
the
the
(6) The sufficiency of the financial resources
and ability of the bidder to perform the contract
or provide the service;
(7) The quality, availability and adaptability
of the goods, or services to the particular use
required;
(8) The ability of the bidder to
maintenance and service for the
subject of the contract;
provide future
use of the
I
(9) The number and scope of conditions attached
to the bid.
(10) If any bidder is a resident of any other
state and such state under its laws allows a
resident contractor of that state preference, a
like preference may be allowed to the lowest
responsible bidder who is a resident of Virginia.
Sec. 2-30. Competitive Sealed Bidding - Bid Award.
The contract shall be awarded
written notice to the lowest
meets the requirements and
Invitation for Bids. In
with reasonable promptness by
responsible bidder whose bid
criteria set forth in the
the event all bids for a
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responsive and responsible bid does not exceed such funds
by more than 10%, the Governing Body may authorize, when
time or economic considerations preclude resolicitation of
work of a reduced scope, negotiate an adjustment of the bid
price with the lowest responsive and responsible bidder in
order to bring the bid within the amount of available
funds.
.. ... ....-
.
Sec. 2-31. Tie Bids.
I
In the case of a tie bid, preference shall be given to
goods, services and construction produced in Roanoke County
or provided by Roanoke County persons, firms or
corporations, and thereafter to goods, services, and
construction produced in Virginia or provided by Virginia
persons, firms or corporations if any of such choices are
available; otherwise the tie shall be decided by lot.
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~ec. 2-j2. Contract PrIcIng Arrangement~
(a) Except as prohibited herein, public contracts may
be awarded on a fixed price or cost reimbursement
basis, or on any other basis that is not prohibited.
~
(b) Subject to the limitations of this section, any
type of contract which is appropriate to the
procurement and which will promote the best interests
of the County may be used; provided that the use of a
cost-plus-a-percentage-of-cost contract or a
cost-plus-a-percentage-of-construction-cost contract
are prohibited. A cost reimbursement contract may be
used only when a determination is made in writing that
such contract is likely to be less costly to the
County than any other type or that it is impracticable
to obtain the supply, service, or construction item
required except under such a contract.
(c) Specified period. Unless otherwise provided by
law, a contract for goods, services or insurance may
be entered into for any period of time deemed to be in
the best interests of the County provided the term of
the contract and conditions of renewal or extension,
if any, are included in the solicitation and funds are
available for the first fiscal period at the time of
contracting. Payment and performance obligations for
succeeding fiscal periods shall be subject to the
availability and appropriation of funds therefor.
"
"
(d) Cancellation due to unavailability of funds in
succeeding fiscal periods. When funds are not
appropriated or otherwise made available to support
continuation of performance in a subsequent fiscal
period, the contract shall be cancelled without
liability to the County.
...
Sec. 2-33. Contract Modification.
A public contract may include provisions for modification
of the contract during performance, but no fixed-price
contract may be increased by more than ten percent of the
amount of the contract or $2,000, whichever is smaller,
without the advance written approval of the Governing Body.
Sec. 2-34. Retainage on Construction Contracts.
(a) In any public contract for construction which
provides for progress payments in installments based
upon an estimated percentage of completion, the
contractor shall be paid at least ninety-five percent
of the earned sum when payment is due, with not more
than five percent being retained to assure faithful
performance of the contract. All amounts withheld may
be included in the final payment.
(b) Any subcontract for a public project which
provides for similar progress payments shall be
subject to the same limitations.
.
Sec. 2-35. Performance and Payment Bonds.
(a) Upon the award of any public construction
contract exceeding $25,000 awarded to any prime
contractor, such contractor shall furnish to the
Governing Body the following bonds:
(1) A performance bond in the sum of the
contract amount conditioned upon the faithful
performance of the contract in strict conformity
I---
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the contract.
- - - ,
(2) A payment bond in the sum of the contract
amount. Such bond shall be for the protection of
claimants who have and fulfill contracts to
supply labor or materials to the prime contractor
to whom the contract was awarded, or to any
subcontractors, in the prosecution of the work
provided for in such contract, and shall be
conditioned upon the prompt payment for all such
material furnished or labor supplied or performed
in the prosecution of the work. "Labor or
materials" shall include public utility services
and reasonable rentals of equipment, but only for
periods when the equipment rented is actually
used at the site.
(b) Each of such bonds shall be executed by one or
more surety companies selected by the contractor which
surety or sureties are legally authorized to do
business in Virginia.
(c) Bonds shall be made payable to the Governing
Body.
(d) Each
Governing
thereof.
of
Body
the
or
bonds shall
a designated
be filed
office or
with the
official
(e) Nothing in this section shall preclude the
Purchasing Agent, after consultation with the Chief
Administrator, from requiring payment or performance
bonds for contracts below $25,000.
(f) Nothing in this section shall preclude such
contractor from requiring each subcontractor to
furnish a payment bond with surety thereon in the sum
of the full amount of the contract with such
subcontractor conditioned upon the payment to all
persons who have and fulfill contracts which are
directly with the subcontractor for performing labor
and furnishing materials in the prosecution of the
work provided for in the subcontract.
Sec. 2-36. Action on Performance Bond.
No action against the surety on a performance bond shall be
brought unless within one year after (i) completion of the
contract, including the expiration of all warranties and
guarantees; or (ii) discovery of the defect or breach of
warranty, if the action be for such.
Sec. 2-37. Actions on Payment Bonds.
(a) Subject to the provisions of subsection b hereof,
any claimant who has performed labor or furnished
materials in accordance with the contract for which a
payment bond has been given, and who has not been paid
in full therefor before the expiration of ninety days
after the day on which such claimant performed the
last of such labor or furnished the last of such
materials for which he claims payment, may bring an
action on such payment bond to recover any amount due
him for such labor or material, and may prosecute such
action to final judgment and have execution on the
judgment. The obligee named in the bond need not be
named a party to such action.
-
-
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relationship with any subcontractor from whom the
contractor has not required a subcontractor payment
bond but who has no contractual relationship, express
or implied, with such contractor, may bring an action
on the contractor's payment bond only if he has given
written notice to such contractor within 180 days from
the day on which the claimant performed the last of
the labor or furnished the last of the materials for
which he claims payment stating with substantial
accuracy the amount claimed and the name of the person
for whom the work was performed or to whom the
material was furnished. Any claimant who has a direct
contractual relationship with a subcontractor from
whom the contractor has required a subcontractor
payment bond, but who has no contractual relationship,
express or implied, with such contractor, may bring an
action on the subcontractor's payment bond. Notice to
the contractor shall be served . by registered or
certified mail, postage prepaid, in an envelope
addressed to such contractor at any place where his
office is regularly maintained for the transaction of
business. Claims for sums withheld as retainages with
respect to labor performance or materials furnished,
shall not be subject to the time limitations stated in
this subsection.
",
(c) Any action on a payment bond must be brought
within one year after the day on which the person
bringing such action last performed labor or last
furnished or supplied materials.
~
Sec. 2-38. Alternative Forms of Security.
(a) In lieu of a bid, payment or performance bond, a
bidder may furnish a certified check or cash escrow in
the face amount required for the bond.
(b) If approved by the County Attorney, a bidder may
furnish a personal bond, property bond, or bank or
savings and loan association's letter of credit on
certain designated funds in ,the face amount required
for the bid bond. Approval shall be granted only upon
a determination that the alternative form of security
proffered affords protection to the Governing Body
equivalent to the corporate surety's bond.
Sec. 2-39. Competitive Negotiation.
(a) The
negotiation
2-23, 2-26,
outlined in
source selection method of competitive
incorporates Secs. 2-18, 2-19, 2-20, 2-22,
2-32, 2-33, in addition to the provisions
this seeton and Sec. 2-40.
(b) When the Purchasing Agent, after consultation
with the Chief Administrator, determines in writing
that the use of competitive sealed bidding is either
not practicable or not advantageous to the County, a
contract may be entered into by use of the competitive
sealed proposal method.
Cc) Proposals shall be solicited through a request
for proposals.
Cd) Adequate public notice of the request for
proposals shall be given in the same manner as
provided for competitive sealed bids provided the
minimum time shall be seven (7) calendar days.
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disclosure of the identity
contents of any proposal to
the process of negotiation.
.... .,
,
.
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of any offeror or the
competing offerors during
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(f) The
relative
factors.
request for
importance of
proposals
price and
shall
other
state the
evaluation
(g) As provided in the request for proposals,
discussion may be conducted with responsible offerors
who submit proposals determined to be reasonably
susceptible of being selected for award for the
purpose of clarification to assure full understanding
of, and conformance to, the solicitation requirements.
Offerors shall be accorded fair and equal treatment
with respect to any opportunity for discussion and
revision of proposals and such revisions may be
permitted after submissions and prior to award for the
purpose of obtaining best and final offers. In
conducting discussions, there shall be no disclosure
of the identity of competing offerors or of any
information derived from proposals submitted by
competing offerors.
(h) Award shall be made to the responsible offeror
whose proposal is determined in writing to be the most
advantageous to the County taking into consideration
price and the evaluation factors set forth in the
request for proposals. No other factors or criteria
shall be used in the evaluation. The contract file
shall contain the basis on which the award is made.
Sec. 2-40. Contracting
gompetitive Negotiation~
(a) Professional services
competitive negotiation. The
2-18, 2-19, 2-20, 2-22, 2-23,
2-39(c) and (d).
for Professional Services by
may be procured by
process includes Secs.
2-26, 2-32, 2-33, and
-
(b) The Purchasing Agent shall engage in individual
discussions with all offerors deemed fully qualified,
responsible and suitable on the basis of initial
responses and with emphasis on professional
competence, to provide the required services.
Repetitive informal interviews shall be permissible.
Such offerors shall be encouraged to elaborate on
their qualifications and performance data or staff
expertise pertinent to the proposed project as well as
alternative concepts. These discussions may encompass
nonbinding estimates of total project costs, including
where appropriate, design, construction and life cycle
costs. Methods to be utilized in arriving at price for
services may also be discussed. Proprietary
information from competing offerors shall not be
disclosed to the public or to competitors. At the
conclusion of discussion, outlined herein, on the
basis of evaluation factors published in the request
for proposal and all information developed in the
selection process to this point, the Purchasing Agent
shall select in the order of preference two or more
offerors whose professional qualifications and
proposed services are deemed most meritorious.
Negotiations shall then be conducted, beginning with
the offeror ranked first. If a contract satisfactory
and advantageous to the County can be negotiated at a
price considered fair and reasonable, the award shall
be made to that offeror. Otherwise, negotiations with
the offeror ranked first shall be formally terminated
,
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(i44C
.n'''', "".',,-,.C'>, "'0_ ""_.. '."",' _.,__".",.,._'M".__~__"~'.'_H"_"._'-" ..,'~' .",",
.J........~- "'"."eefl6t.iee~-W:ltn,,.tne otteror ranked.
second, and so on until such a contract can be
negotiated at a fair and reasonable price. Should the
Purchasing Agent determine in writing and in his sole
discretion that only one offeror is fully qualified,
or that one offeror is clearly more highly qualified
and suitable than the others under consideration, a
contract may be negotiated and awarded to that
offeror.
d..
Sec. 2-41. Sole Source Procurement.
A contract may be awarded without competition when the
Purchasing Agent determines in writing, after conducting a
good faith review of available sources, that there is only
one source for the required good, service, insurance or
construction item. The Purchasing Agent shall conduct
negotiations, as appropriate, as to price, delivery, and
terms. A record of sole source procurements shall be
maintained that lists each contractor's name, the amount
and type of each contract, a listing of the item(s)
procured under each contract, and the identification number
of each contract file.
Sec. 2-42. Emergency Purchases.
(a) An emergency shall be deemed to exist when a
breakdown in machinery or equipment and/or a
threatened termination of essential services or a
dangerous condition develops, or when any unforeseen
circumstances arise causing curtailment or diminution
of an essential service or where materials or services
are needed to prevent loss of life or property.
(b) If an emergency occurs during regular business
hours, the using department shall immediately notify
the Purchasing Agent who, after consultation with the
Chief Administrator, shall either purchase the
required supplies or contractual services or authorize
the department to do so.
(c) If an emergency occurs at times other than
regular business hours, the using department may
purchase directly the required goods or contractual
services. The department, shall, however, whenever
practicable, secure competitive telephone bids and
order delivery to be made by the lowest responsible
bidder. The department shall also, not later than the
next regular business day thereafter, submit to the
Purchasing Agent a requisition, a tabulation of bids
received, if any, a copy of the delivery record and a
brief written explanation of the circumstances of the
emergency or follow other procedures as may be set
forth by the Purchasing Agent.
Sec. 2-43. Exempt Transactions.
(a) The following transactions are hereby exempt from
the provisions of this article:
(1) Purchases from the
state contracts from
department warehouse.
state penitentiary or
the state purchasing
(2) Legal services associated with actual or
potential litigation.
Sec. 2-44. Disposal of Surplus Property.
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(a) All using departments shall "subml td 'to the
Purchasing Agent at such time and in such form as he
shall prescribe, reports showing stocks of all
supplies which are no longer used or which have become
obsolete, worn out or scrapped.
.'
(b) The Purchasing Agent shall have the authority to
transfer surplus stock to other using agencies.
-
(c) The Purchasing Agent
sell all supplies which
public use, or to exchange
the same on, new supplies.
shall have the authority to
have been unsuitable for
the same for, or trade in
(d) All sales of property pursuant to this section
shall be sold on the basis of competitive bids
wherever feasible to obtain the highest price.
(e) The Purchasing Agent may require sealed bids in
his discretion.
Sec. 2-45. Debarment or Suspension.
(a) After reasonable notice to the person involved
and reasonable opportunity for that person to be
heard, the Governing Body after consulting with the
County Attorney, is authorized to debar a person for
cause from consideration for award of contracts. The
debarment shall not be for a period of more than three
years. After consultation with the County Attorney,
the Governing Body is authorized to suspend a person
from consideration for award of contracts if there is
probable cause to believe that the person has engaged
in any activity which might lead to debarment. The
suspension shall not be for a period exceeding three
months. The causes for debarment or suspension
include:
-
(1) 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;
(2) Conviction under state and federal statutes
of embezzlement, theft, forgery, bribery,
falsification or destruction of records,
receiving stolen property, or any other offense
indicating a lack of business integrity or
business honesty which currently, seriously, and
directly affects responsibility as a County
contractor;
(3) Conviction under state
statutes arising out of the
proposals;
or federal antitrust
submission of bids or
(4) violation of contract
forth below, of a character
the Governing Body to be so
debarment action;
provisions, as set
which is regarded by
serious as to justify
.
<i) deliberate failure without
to perform in accordance
specifications or within the
provided in the contract; or
good
with
time
cause
the
limit
<ii) a recent record of
or of unsatisfactory
accordance with the terms
failure to perform
performance in
of one or more
6 4 HI .
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or unsatisfactory performance caused by acts
beyond the control of the contractor shall
not be considered to be a basis for
debarment;
I
(5) Any other cause the Governing Body
determines to be so serious and compelling as to
affect responsibility as a County contractor
including debarment by another governmental
entity for any cause in this article; and for
violation of the ethical standards set forth in
this article.
S ec. 2 - 46 .
Decision to Debar or Suspend.
The Governing
or suspend.
action taken
involved of
administrative
Body shall issue a written decision to debar
The decision shall state the reasons for the
and inform the debarred or suspended person
his rights concerning judicial or
review.
Sec. 2-47. Notice of Decision.
A copy of the decision to debar or suspend shall be mailed
or otherwise furnished immediately to the debarred or
suspended person.
Sec. 2-48. Finality of Decision.
f
I
A decision to debar or suspend shall be final and
conclusive, unless the debarred or suspended person, within
10 days after receipt of the decision, takes an appeal to
the Governing Body or commences a timely action in court in
accordance with applicable law.
Sec. 2-49. Ineligibility of Bidder, Offeror, or Contractor
- Remedies.
(a) Any bidder, offeror, or contractor refused
permission to or disqualified from, participating in
public contracts shall be notified in writing. Such
notice shall state the reasons for the action taken.
This decision shall be final unless the bidder,
offeror, or contractor institutes legal action as
provided in (Sec. 2-56) of this article.
(b) If it is determined that the action taken was
arbitrary or capricious, or not in accordance with the
Constitution of Virginia, statutes or regulations, the
sole relief shall be restoration of eligibility.
Sec. 2-50. Appeal of Denial of Withdrawal of Bid.
I
(a) A decision denying withdrawal of bid under the
provisions of (Sec. 2-28) shall be final and
conclusive unless the bidder institutes legal action
as provided in (Sec. 2-56) of this article.
(b) If no bid bond was posted, a bidder refused
withdrawal of a bid under the provisions of Sec. 2-28,
prior to appealing, shall deliver to the Purchasing
Agent a certified check or cash bond in the amount of
the difference between the bid sought to be withdrawn
and the next lowest bid. Such security shall be
released only upon a final determination that the
bidder was entitled to withdraw the bid.
(c) If it is determined
withdrawal of the bid was
that the decision refusing
arbitrary or capricious, the
~
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-
.SO.Le re.L~et Sha:i:i be wlthdrawal. ot the bld.
-,-
Sec. 2-51. Determination of Nonresponsibility.
(a) Any bidder who, despite being the apparent low
bidder, is determined not to be a responsible bidder
for a particular contract shall be notified in
writing. Such notice shall state the basis for the
determination, which shall be final unless the bidder
institutes legal action as provided in Sec. 2-56 of
this article.
I
(b) If it is determined that the decision of
Nonresponsibility was arbitrary or capricious, and the
award of the contract in question has not been made,
the sole relief shall be a finding that the bidder is
a responsible bidder for the contract in question. If
it is determined that the decision of
Nonresponsibility was arbitrary or capricious, and an
award has been made, the relief shall be as set forth
in ( S ec . 2 - 5 2 ( b) .
(c) A bidder contesting a determination that he is
not a responsible bidder for a particular contract
shall proceed under this section, and may not protest
the award or proposed award under (Sec. 2-52) of this
article.
(d) Nothing contained in this section shall be
construed to require the Governing Body when procuring
by competitive negotiation, to furnish a statement of
the reasons why a particular proposal was not deemed
to be the most advantageous.
I
Sec. 2-52. Protest of Award or Decision to Award.
(a) Any bidder or offeror may protest the award or
decision to award a contract by submitting such
protest in writing to the Purchasing Agent no later
than ten days after the award or the announcement of
the decision to award, whichever occurs first. No
protest shall lie for a claim that the selected bidder
or offeror is not a responsible bidder or offeror. The
written protest shall include the basis for the
protest and the relief sought. The Governing Body
shall issue a decision in writing within ten days
stating the reasons for the action taken. This
decision shall be final unless the bidder or offeror
institutes legal action as provided in (Sec. 2-56) of
this article.
-=
(b) If prior to an award it is determined, by the
Governing Body, that the decision to award is
arbitrary or capricious, then the sole relief shall be
a finding to that effect. The Purchasing Agent shall
cancel the proposed award or revise it to comply with
the law. If, after an award, it is determined that an
award of a contract was arbitrary or capricious, then
the sole relief shall be as hereinafter provided.
Where the award has been made but performance has not
begun, the performance of the contract may be
terminated. Where the award has been made and the
performance has begun, the Governing Body may declare
the contract void upon a finding that this a.ction is
in the best interest of the public. Where a contract
is declared void, the performing contractor shall be
compensated for the cost of performance up to the time
of such declaration. In no event shall the performing
contractor be entitled to lost profits.
I
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. .... . p.
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,-, .............. \..1"::: \3VV Duuyu~l.ermines, . atter a
hearing held following reasonable notice to all
bidders, that there is probable cause to believe that
a decision to award was based on fraud or corruption
or on an act in violation of the Code of Ethics in
Public Contracting, the Governing Body may revoke and
avoid the award of the contract to a particular
bidder.
Sec. 2-53. Effect of Appeal Upon Contract.
Pending final determination of a protest or appeal, the
validity of a contract awarded and accepted in good faith
in accordance with this chapter shall not be affected by
the fact that a protest or appeal has been filed.
Sec. 2-54. Stay of Award During Protest.
An award need not be delayed for the period allowed a
bidder or offeror to protest, but in the event of a timely
protest, no further action to award the contract will be
taken unless there is a written determination that
proceeding without delay is necessary to protect the public
interest or unless the bid or offer would expire.
Sec. 2-55. Contractual Disputes.
(a) Contractual claims, whether for money or other
relief, shall be submitted in writing no later than
twenty (20) days after occurance of the event giving
rise to the claim. Nothing herein shall preclude a
contract from requiring submission of an invoice for
final payment within a certain time after completion
and acceptance of the work or acceptance of the goods.
Pendency of claims shall not delay payment of amounts
agreed due in the final payment.
(b) A procedure for consideration of contractual
claims shall be included in each contract. Such
procedure, which may be incorporated into the contract
by reference, shall establish a time limit for final
decision in writing by the Governing Body.
(c) A contractor may not institute legal action as
provided in (Sec. 2-56) of this article prior to
receipt of the decision on the claim, unless the
Governing Body fails to render such decision within
the time specified in the contract.
(d) The decision of the Governing Body shall be final
and conclusive unless the contractor within six months
of the date of the final decision on the claim by the
Governing Body institutes legal action as provided in
Sec. 2-56 of this article.
Sec. 2-56. Legal Actions.
(a) A bidder or offeror, actual or prospective, who
is refused permission or disqualified from
participating in bidding or competitive negotiation,
or who is determined not to be a responsible bidder or
offeror for a particular contract, may bring an action
in the appropriate circuit court challenging that
decision, which shall be reversed only if the
petitioner establishes that the decision was arbitrary
or capricious.
(b) A bidder denied withdrawal of a bid under (Sec.
2-50) of this article may bring an action in the
appropriate circuit court challenging that decision,
I
II
64: 9 '
which shall be reversed only ifthebTdCler establishes
that the decision of the Governing Body was clearly
erroneous.
.
(c) A bidder, offeror or contractor may bring an
action in the appropriate circuit court challenging a
proposed award or the award of a contract, which shall
be reversed only if the petitioner establishes that
the proposed award or the award is arbitrary or
capricious or not in accordance with the Constitution
of Virginia, statutes, regulations or the terms and
conditions of the Invitation to Bid or Request for
Proposal.
I
(d) If injunctive relief is granted, the
request of the Governing Body shall
posting of reasonable security to
Governing Body.
court, upon
require the
protect the
(e) A contractor may bring an action involving a
contract dispute with the Governing Body only in the
appropriate circuit court.
(f) A bidder, offeror or contractor shall exhaust the
administrative procedures of this article prior to
instituting legal action concerning the said
procurement transaction unless the Governing Body
agrees otherwise.
(g) Any legal action pursuant to this section shall be
instituted no later than six (6) months following the
decision of the Governing Body or such action shall be
forever barred.
I
(h) Nothing herein shall be construed to prevent the
Governing Body from instituting legal action against a
contractor.
I
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.
bee. L.- I
~ma I Vn
(a) Definitions.
I
(1) Small purchases shall be defined as those
goods, services, equipment, insurance,
construction or other items needed in the day to
day operations of the County whose monetary value
does not exceed $2,500.
Sec. 2-58. Small Purchase Procedure.
The Purchasing Agent is authorized to develop, implement,
and revise as needed a "Small Purchase Procedure" which
will insure that the principle of competitive pricing is
established and maintained and which shall also contain
provision for maintaining the confidentiality of legitimate
trade secrets. Said procedure to be reviewed and approved
by Governing Body at any time but, at least on an annual
basis. Until a bid or quotation is opened, the names of
bidders whether by phone, letter or sealed bid, are
confidential as are the prices quoted. Once an award is
made, the information is open to public inspection.
Sec. 2-59. Types of Purchases.
(a) All purchases made by the County under the "Small
Purchases Section", unless exempted by Sec. 2-60,
shall fall into one of the following categories:
I
(1) Purchases under $500 in value. After receipt
of a purchase requisition from the using
department or agency, at least three telephone
quotations shall be obtained, whenever possible,
for the purchase. A telephone quotation form
shall be completed listing: date, item
description, quantity, name of company,
individual giving quote, pricing, terms, and
delivery schedule. The total of all items
purchased from this requisition should not exceed
$500. Where practical, standardized inventories
and existing contracts should be used to satisfy
these requests.
I
(2) Purchases between $500 and $2,500 in value.
Purchases in this group shall be accomplished
through the use of at least three letter
quotations whenever possible. A letter quotation
is a written request sent to at least three
vendors with a specified reply date and time.
This is the most desirable method of acquiring
necessary items and should be used when proper
planning allows sufficient time. The use of
letter quotations requires adequate time for
preparation, mailing, receipt and award,
generally two or three weeks from receipt of
requisition. All quotations received after the
reply date and time are non-responsive and cannot
be considered. Requests for letter quotations
are issued by the Purchasing Agent. To initiate
the letter quotation, the user department should
submit a completed requisition to the Purchasing
Agent, including a list of possible vendors, if
available.
(3) Emergency Purchases. An emergency purchase
is one which is necessitated by uncontrollable
circumstances during a time when normal
purchasing procedures are not available or when
circumstances are such that delay in procurement ---
may vitally affect the life, health or
d51 ~
convenIence of the -C-cItizens of the COtit'it:y. Any
department which purchases a service or commodity
under this section must inform the Purchasing
Agent in writing of the circumstances surrounding
the emergency purchase within one work day of the
occurrence. Abuse of the provision of this
section will be reported by the Purchasing Agent
to the Chief Administrator.
Sec. 2-60. Exempt Transactions.
I
(a) The following items and services are exempted
from the small purchases provision of the purchasing
procedure:
(1) Professional Services
(2) Building Contracts
(3) Purchase of Real Property
(4) Dues, Subscriptions and Memberships
(5) Travel and Training Expenses
(6) utility Charges and Services
(7) Books, Magazines and Periodicals
(8) Insurance
(9) Personnel Services (Anyone to whom a salary
or fee is paid)
(10) Postage or other mailing fees
(11) Fringe Benefits
(12) Petroleum Products
Sec. 2-61. Waiver from Purchasing Procedures.
When in the judgment of the Purchasing Agent it is in the
best interest of the County to use purchasing procedures
other than those specified in Sec. 2-59 he may prescribe,
after consultation with the Chief Administrator, suitable
purchasing procedures. Rationale for such decisions shall
be documented and put on file in the Purchasing Agent's
office.
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Sec. 2-62.
Specifications.
It shall be the Purchasing Agent's responsibility to
formulate, in conjunction with the user department,
non-restrictive specifications to insure quality levels
equal to the intended use of an item.
Sec. 2-63. Waiver from Competition.
Where proprietory or patent rights exist and only one
source is available for a required item or service, the
requirement for competitive bidding may be waived.
Documentation of the sole source procurement shall be
maintained in accordance with Sec. 2-41 of this article.
Sec. 2-64. Resolution of Disagreements.
Where disagreements exist between the Purchasing Agent and
the vendor, the dispute shall be referred to the Chief
Administrator. In cases where resolution is not achieved
at this level, they shall be forwarded to the Governing
Body whose decision will be final.
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Sec. 2-65. Local Vendor Preference.
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No special consideration should be shown to local vendors.
However, in determining the "lowest responsible bidder,"
consideration should be given to purchase price,
availability and cost of parts and service, transportation
costs, availability of technical assistance and any other
potential costs which may be associated with the purchase.
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(a) The relationship between the purchaser and the
seller is one of mutuality. It is the responsibility
of the Purchasing Agent to establish a relationship of
mutual confidence and satisfaction between the County
and its suppliers. It is, therefore, necessary that
the Purchasing Agent be aware of all transactions that
are conducted between the County and its suppliers.
Departments should not be burdened with visits from
suppliers. The County's time and that of suppliers
will be saved if the following procedures are
observed:
(1) All vendors' representatives shall
procedures established by the Purchasing
when it is necessary to contact
departments.
follow
Agent
other
(2) When necessary for the departments to
correspond with the vendors on some technical
matter, copies of that correspondence should be
sent to the Purchasing Agent.
Sec. 2-67. Availability of Funds.
Before any purchase is made,
determine the availability of
this purchase. If funds are
Head shall be responsible for
funds.
the Purchasing Agent shall
sufficient funds to cover
unavailable, the Department
initiating the request for
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Sec. 2-69. Purpose.
The provisions of this article supplement, but do not
supersede, other provisions of law including, but not
limited to, the Virginia Conflict of Interests Act
(S2.1-348 et seq.), the Virginia Governmental Frauds Act
(S18.2-498.1 et seq.) and Articles 2 and 3 of Chapter 10 of
Title 18.2. The provisions of this article apply
notwithstanding the fact that the conduct described may not
constitute a violation of the Virginia Conflict of
Interests Act.
I
Sec. 2-70. Definitions.
(a) The words defined in this section shall have the
meanings set forth below throughout this article.
(1) "Immediate family" shall
children, parents, brothers and
other person living in the same
employee.
mean a spouse,
sisters, and any
household as the
( 2) "Off icial
administrative
immediate or
disapprove or
transaction, or
responsibility" shall mean
or operating authority, whether
final, to initiate, approve,
otherwise affect a procurement
any claim resulting therefrom.
(3) "Pecuniary
procurement" shall
interest as defined
Interests Act.
interest arising from the
mean a material financial
in the Virginia Conflict of
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(4) "Procurement transaction" shall mean all
functions that pertain to the obtaining of any
goods, services or construction, including
description of requirements, selection and
solicitation of sources, preparation and award of
contract, and all phases of contract
administration.
(5) "Public
employed by a
officials or
bodies.
employee"
governing
appointed
shall mean any
body, including
members of
person
elected
governing
Sec. 2-71. Proscribed Participation by Public Employees in
Procurement Transactions.
(a) No public employee having official responsibility
for a procurement transaction shall participate in
that transaction on behalf of the Governing Body when
the employee knows that:
(1) The employee is contemporaneously employed
by a bidder, offeror or contractor involved in
the procurement transaction; or
I
(2) The employee, the employee's partner, or any
member of the employee's immediate family holds a
position with a bidder, offeror or contractor
such as an officer, director, trustee, partner or
the like, or is employed in a capacity involving
personal and substantial participation in the
procurement transaction, or owns or controls an
interest of more than five percent; or
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654
(3) The employee, the employee's partner, or any
member of the employee's immediate family has a
pecuniary interest arising from the procurement
transaction; or
(4) The employee, the employee's partner, or any
member of the employee's immediate family is
negotiating, or has an arrangement concerning,
prospective employment with a bidder, offeror or
contractor.
S ec . 2 - 7 2 .
Solicitation or Acceptance of Gifts.
No public employee having official responsibility for a
procurement transaction shall solicit, demand, accept, or
agree to accept from a bidder, offeror, contractor or
subcontractor any payment, loan, subscription, advance,
deposit or money, services or anything of more than nominal
or minimal value, present or promised, unless consideration .
of substantially equal or greater value is exchanged. The
Governing Body may recover the value of anything conveyed
in violation of this section.
Sec. 2-73. Disclosure of Subsequent Employment.
No public employee or former public employee having
official responsibility for procurement transactions shall
accept employment with any bidder, offeror or contractor
with whom the employee or former employee dealt in an
official capacity concerning procurement transactions for a
period of one year from the cessation of employment by the
County unless the employee, or former employee, provides
written notification to the Chief Administrator prior to
commencement of employment by the bidder, offeror or
contractor.
Sec. 2-74. Gifts by Bidders, Offerors, Contractors or
Subcontractors.
.
No bidder, offeror, contractor or subcontractor shall
confer upon any public employee having official
responsibility for a procurement transaction any payment,
loan, subscription, advance, deposit of money, services or
anything of more than nominal value, present or promised,
unless consideration of substantially equal or greater
value is exchanged.
Sec. 2-75. Kickbacks.
(a) No contractor or subcontractor shall demand or
receive from any of his suppliers or his
subcontractors, as an inducement for the award of a
subcontract or order, any payment, loan, subscription,
advance, deposit of money, services or anything,
present or promised, unless consideration of
substantially equal or greater value is exchanged.
(b) No subcontractor or supplier shall make, or offer
to make, kickbacks as described in this section.
(c) No person shall demand or receive any payment,
loan, subscription, advance, deposit of money,
services or anything of value in return for any
agreement not to compete on a public contract.
I
655
(d> If a subcontractor or supplier makes a kickback
or other prohibited payment as described in this
section, the amount thereof shall be conclusively
presumed to have been included in the price of the
subcontract or order and ultimately borne by the
County and will be recoverable from both the maker and
recipient. Recovery from one offending party shall
not preclude recovery from other offending parties.
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Sec. 2-76. Purchase of Building Materials, etc., from
Architect or Engineer Prohibited.
Except in cases of emergency, no building materials,
supplies or equipment for any building or structure
constructed by or for the County shall be sold by or
purchased from any person employed as an independent
contractor by the County to furnish architectural or
engineering services, but not construction, for such
building or structure, or from any partnership,
association, or corporation in which such architect or
engineer has a pecuniary interest.
Sec. 2-77. Penalty for Violation.
Willful violation of any provision of this article shall
constitute a Class I misdemeanor. Upon conviction, any
public employee, in addition to any other fine or penalty
provided by law, shall forfeit his employment.
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Adopted by the following roll call vote:
AYES:
Supervisors Myers, Minter, Burton and Nickens
NAYS:
None
ABSENT: Supervisor Johnson
IN RE:
SETTING REAL ESTATE TAX RATE
APPROVED
Donald R. Flanders, County Administrator proposed a $.02 increase in the
real estate tax rate from $1.08 to $1.10 per $100 of assessed valuation to fund his
net County budget of $39,149,954. He also proposed the net County share of the
school budget be $20,530,332.
Mr. Guy L. Ferguson, Route 7, Box 265, Roanoke, then voiced his opposition
to the real estate tax increase.
Mr. Burton L. Albert, 3432 Londonderry County, S. W ., Roanoke, also
spoke against the real estate tax increase and highlighted the fact that the $250,000
projected cost for renovating the Pinkard Court School for the Health Department
was a waste of taxpayers' money because the Health Department did not want to
occupy these facilities.
Mrs. Pat Widener, 804 Mason Road, Vinton, spoke as President of the
Council for Gifted Education, as a parent, and as a taxpayer. She requested the
Board's commitment to the schools and funding of the school budget.
Supervisor Myers felt that setting the tax rate would be premature at
the present time and moved that the matter be held over until the next meeting.
The motion was defeated on the following roll call vote:
AYES:
Supervisor Myers
NAYS: Supervisors Minter, Burton and Nickens
ABSENT: Supervisor Johnson
657 1
4-26-83
.
Supervisor Minter then requested Donald R. Flanders to briefly clarify
amounts in the Economic Development Section. Vice Chairman Nickens declared the
question out of order since many hours had already been spent on budget study and
informed Supervisor Minter that his question should have been addressed in the
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budget work sessions. Supervisor Minter appealed the ruling of the Chair. Supervisor
Burton requested that a five-minute time limit be set for discussion if the motion
passed. The motion was approved by the following roll call vote:
A YES: Supervisors Myers, Minter and Burton
NA YS: Supervisor Nickens
ABSENT: Supervisor Johnson
Donald R. Flanders quoted from his budget message an amount of $14,000
to be included for economic development.
Supervisor Minter then asked what the contingency amount would be for
County Health Insurance. Mr. Flanders told him that this amount was $150,000 and
that this was in line with good budgeting practices to be prepared for any potential
up front costs of added increases in hospital and Doctors' costs as the County's
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health insurance premiums had not been adjusted for 3 years.
Supervisor Myers moved that the tax rate for Roanoke County be set at
the present rate of $1.08 per $100 assessed valuation. The motion was defeated by
the following roll call vote:
A YES: Supervisor Myers
NAYS: Supervisors Minter, Burton and Nickens
ABSENT: Supervisor Johnson
Supervisor Burton moved for the following prepared resolution setting the
1983 real estate tax rate at $1.10 per $100 of assessed valuation:
RESOLUTION NO. 83-74
ESTATE SITUATE IN
CALENDAR YEAR 1983
SETTING THE TAX LEVY ON REAL
ROANOKE COUNTY FOR THE
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BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
that the levy for the twelve-month period beginning January 1, 1983 and ending
December 31, 1983, be, and it hereby is set for a tax rate of $1.10 per ONE
4-26-83
658
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HUNDRED DOLLARS of assessed valuation on all classes of taxable real estate and
mobile homes as classified in Section 58-829.3 of the 1950 Code of Virginia, as
amended, situate in Roanoke County.
Adopted by the following roll call vote:
AYES:
Supervisors Minter, Burton and Nickens
NA YS: Supervisor Myers
ABSENT: Supervisor Johnson
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Burton - presented an application from the Green Valley PT A
for a Bingo/Raffle Permit that should have been included in the Consent Agenda.
Since the PT A was unaware of the procedure and the carnival is scheduled for May
7, Supervisor Burton moved for approval of the permit with waiver of fee since
proceeds would go toward the benefit of the school. The motion carried by a
unanimous voice vote.
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Supervisor Minter - no report.
Supervisor Myers - no report.
Supervisor Nickens - no report.
IN RE:
REPORTS OF OFFICERS, DEPARTMENTS AND COMMITTEES
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County Attorney - no report.
County Administrator - Reported that April 26, 1983, is Student
Government Day and recognized the students who were in attendance at the meeting.
He also introduced and thanked Dr. Norma Jean Peters, Supervisor of Secondary
Social Studies and Foreign Languages for the County Schools, who developed and
organized this program.
The insurance study being conducted by Industrial Insurance Management
will be completed within a week. Their representatives will be meeting with the
County Staff and the report will be compiled.
The SPCA building cost was originally reported in error. The total
projected construction cost is $12,950 with the County's share being approximately
659 ~
4-26-83
$6,500. The previous contract stated the County's share at $4,000. Supervisor
Minter moved to amend the contract to read the County's share to be $6,500, and
the motion was approved by the following roll call vote:
AYES: Supervisors Myers, Minter, Burton and Nickens I
NAYS: None
ABSENT: Supervisor Johnson
IN RE:
ADOPTION OF 1983-1984 SCHOOL BUDGET
Regarding the resolution for adoption of the 1983-1984 School Budget,
Mr. Flanders requested that an amount of $48,710,720 be inserted. Supervisors
Minter moved for the prepared resolution inserting the figure $48,710,720. Supervisors
Burton offered an amended motion decreasing this amount one-half of one percent,
which would represent a reduction in all costs that are not fixed or personnel
related. Supervisor Burton moved for the following prepared resolution:
RESOLUTION NO. 83-75 APPROVING A BUDGET FOR THE
ROANOKE COUNTY SCHOOL BOARD FOR FISCAL YEAR
1983-84
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BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That a certain budget adopted and submitted by the Roanoke County
School Board for fiscal year 1983-84 to the Board of Supervisors in the total amount
of $39,356,136 be; and same is hereby approved as made and provided by Section
22.1-93 of the 1950 Code of Virginia, as amended; and
2. That an attested copy of this resolution be forthwith forwarded to the
Clerk of the Roanoke County School Board.
On motion by Supervisor Burton and adopted by the following recorded vote:
AYES:
Supervisors Myers, Minter, Burton and Nickens
NAYS:
None
ABSENT: Supervisor Johnson
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4-26-83
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Superintendent of Schools - Bayse Wilson, requested approval of a literary
application for a proposed addition to Cave Spring High School. He explained that
literary funds are presently frozen, and this request would be put on the list so
that when funds are available in July 1985 the County's request would be considered.
Supervisor Minter moved for the following prepared resolution:
RESOLUTION NO. 83-76 AUTHORIZING THE ROANOKE
COUNTY SCHOOL BOARD TO SUBMIT A CERTAIN LITERARY
FUND LOAN APPLICATION RELATING TO FUNDS FOR
IMPROVEMENT AT CAVE SPRING HIGH SCHOOL.
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the Roanoke County School Board through its appropriate officials
be; and it is hereby, authorized to submit a certain Literary Fund Loan application
in the amount of $500,000 for funds to provide certain improvements, to-wit;
enlargement of the physical education area and construction of four classrooms and
an industrial arts laboratory, at Cave Spring High School; and
2. That attested copies of this resolution be forthwith transmitted to the
Clerk of the Roanoke County School Board for inclusion in the loan application
submittal.
Adopted by the following roll call vote:
A YES: Supervisors Myers, Minter, Burton and Nickens
NA YS: None
ABSENT: Supervisors Johnson
Sheriff's Department - Sheriff O. S. Foster reuqested approval to obtain
a grant for the Virginia Family Violence Prevention Program. Approximately $200,000
is available for programs aimed at preventing abuse of children. Roanoke County
is requesting approval of application for a $7,000 grant ($1,000 for equipment, $3,000
for films, and $3,000 for brochures). This amount will be reimbursed 100% when
receipts are submitted. Supervisor Myers moved for the following prepared resolution:
RESOLUTION NO. 83-80 AUTHORIZING THE SHERIFF OF
ROANOKE COUNTY TO SUBMIT APPLICATION TO THE
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF SOCIAL
SERVICES FOR A VIRGINIA F AMIL Y VIOLENCE PREVENTION
PROGRAM GRANT
661.
4-26-83
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That the Sheriff of Roanoke County be, and hereby is, authorized to
prepared and submit application with the Commonwealth of Virginia, Department of
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Social Services for a 100% reimbursable grant in the amount of $7,000.00 for a
Virginia Family Violence Prevention Program; and
2. That the application for grant shall be upon form approved by the County
Attorney; and
3. That an attested copy of this resolution shall be forthwith forwarded to
the Sheriff of Roanoke County for inclusion in the grant application submittal.
Adopted by the following roll call vote:
A YES: Supervisors Myers, Minter, Burton and Nickens
NAYS: None
ABSENT: Supervisor Johnson
Department of Public Facilities - Superintendent John Hubbard stated that
the contract for the Glade Creek Sanitary Sewer Interceptor has been awarded to
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Dixon Contracting. Supervisor Burton moved for the following prepared resolution:
RESOLUTION NO. 83-77 ACCEPTING A CERTAIN BID AND
AWARDING A CONTRACT TO PERFORM CERTAIN WORK
RELATING TO CONSTRUCTION OF A CERTAIN SEWER
INTERCEPTOR PROJECT.
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
as follows:
1. That that certain bid of Dixon Contracting, Inc., in the amount of
$739,928.00 for construction of Glade Creek Sanitary Sewer Interceptor, Project 81-
1-S in accordance with the plans and specifications of the County, the bid documents
including the invitation to bid and the terms and provisions of this resolution be;
and said bid is hereby, ACCEPTED; and
2. That the County Administrator be; and is hereby, authorized and directed
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to execute a contract on behalf of Roanoke County for the performance of said
sewer interceptor project all of which shall be on form approved by the County
A ttorney; and
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4-26-83
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3. All other bids received by the County are hereby REJECTED, the County
Clerk to so notify each unsuccessful bidder and to express the County's appreciation
for such bids.
Adopted by the following roll call vote:
AYES:
Supervisors Myers, Minter, Burton and Nickens
NAYS: None
ABSENT: Supervisor Johnson
Supervisor Myers moved for the following prepared resolution authorizing
the Clean Valley Committee to apply for Anti-Litter Program Grants for Roanoke
County:
RESOLUTION NO. 83-78 RECOGNIZING THE CLEAN V ALLEY
COMMITTEE, INC. AND AUTHORIZING SAME TO APPLY FOR
ANTI-LITTER PROGRAM GRANTS FOR ROANOKE COUNTY
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
that said Board:
1.
Hereby endorses and supports an anti-litter program for the Roanoke
Valley; and
2. Hereby expresses the intent to combine with the City of Roanoke, Town
of Vinton, and City of Salem in a mutually agreed upon and cooperative program,
contingent on approval of the application by the Department of Conservation and
Economic Development, Division of Litter Control, and contingent on receipt of
funds; and
3. Hereby authorizes Clean Valley Committee, Inc. to plan and budget for
a cooperative anti-litter program which shall represent said program for all localities
named in this resolution; and
4. Further authorizes Clean Valley Committee, Inc. to apply on behalf of
Roanoke County for a grant, and to be responsible for the administration,
implementation and completion of the program; and
5. Further accepts responsibility jointly with the Clean Valley Committee,
Inc. and the City of Roanoke, Town of Vinton and City of Salem for all phases of
the program; and
663~
4-26-83
6. Further accepts liability for its pro rata share of any funds not properly
used or accounted for pursuant to the regulations and the application; and
7. That said funds, when received, will be transferred immediately to Clean
Valley Committee, Inc. All funds will be used in the cooperative program to which
we give our endorsement and support; and
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8. Further provide that the financial records of Clean Valley Committee,
Inc. shall be subject to inspection and review by the County Finance Director and
such data shall be presented to allow proper reporting on a timely basis by the
County; and
9. Hereby requests the Department of Conservation and Economic
Development, Division of Litter Control to consider and approve the application and
program, said program being in accord with regulations governing use and expenditure
of said funds.
Adopted by the following roll call vote:
AYES:
Supervisors Myers, Minter, Burton and Nickens
NAYS:
None
ABSENT: Supervisor Johnson
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The consulting firm T. P. Parker & Son has completed testing at Westward
Lake Dam and will be forwarding the results in a report in a few weeks.
Water and sewer adjustments are necessary for the construction of
Brambleton Road. After contacting the Department of Highways and Transportation,
it was determined that the best way to handle this was to allow the Highway
Department's contractor to do the work, and the County pay for its share. The
Highway Department contractor's cost will be approximately $5,000, and an additional
$3,000 in improvements will be the responsibility of the County. Supervisor Burton
moved for the following prepared resolutions:
RESOLUTION NO. 83-79 AUTHORIZING AND DIRECTING THE
COUNTY ADMINISTRATOR TO EXECUTE A CERTAIN UTILITY
RELOCATION AGREEMENT WITH THE VIRGINIA
DEPARTMENT OF HIGHWAYS AND TRANSPORTATION
RELATING TO PROJECT 0221-080-103
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4-26-83
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BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia,
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as follows:
1. That the County Administrator be; and he is hereby, authorized and
directed to execute a certain agreement between the County of Roanoke and the
Virginia Department of Highways and Transportation providing for the relocation and
for adjustment of water and sewer utilities within the right-of-way of the Department's
Project 0221-080-103 at a cost to the County of a sum not to exceed $5,000.00
without additional authorization of the Board, which said contractual agreement shall
be upon form approved by the County Attorney; and
2. That an attested copy of this resolution be forthwith forwarded to the
Virginia Department of Highways and Transportation.
Adopted by the following roll call vote:
A YES: Supervisors Myers, Minter, Burton and Nickens
NA YS: None
ABSENT: Supervisor Johnson
RESOLUTION NUMBER 83-79.a
On motion by Supervisors Burton, the General Appropriation Resolution of
Roanoke County, Virginia, adopted June 22, 1982 be, and is the same hereby amended
as follows to become effective April 26, 1983:
DESCRIPTION
ACCOUNT NUMBER
INCREASE
(DECREASE)
Class: Expendi t ures
Fund: Utility
Object: Contract ural Maintenance 92-6-04302-30040 $8,000
Unappropriated Balance
Sewer 92-6-09106-99999 (4,000)
Unappropriated Balance
Water 92-6-09106-99999 (4,000)
Adopted by the following roll call vote:
AYES:
Supervisors Myers, Minter, Burton, and Nickens
NA YS: None
ABSENT: Supervisor Johnson
665
4-26-83
Mr. Hubbard also informed the Board that on April 25, 1983, the Highway
Department will be having a public hearing regarding twin trailer tractor traffic on
1-81, 581, and Routes 460 and 220 in Roanoke County. The County will go on record
as opposing this type of traffic since there are extreme curves and hills on these roads.
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IN RE:
APPOINTMENTS
On motion by Supervisor Burton, Mrs. Jane Renick, Route 2, Box 22,
Salem, Virginia was appointed to the Court Service Unit Advisory Council/Youth and
Family Services Advisory Board from the Windsor Hills Magisterial District for a
two-year term effective March 22, 1983. The motion carried by a unanimous voice
vote.
On the recommendation of Supervisor Johnson, Supervisor Minter moved
to appoint Reverend H. Fleet Powell, 3622 Cedar Lane, S. W., Roanoke, Virginia to
the Court Service Unit Advisory Council/Youth and Family Services Advisory Board
from the Cave Spring Magisterial District for a two-year term effective March 22,
1983.
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Supervisor Nickens read a memorandum sent to him from Chairman Johnson,
which stated that she supports the real estate tax rate of $1.10 as proposed by the
County Administrator.
The next Budget Work Session is scheduled for Monday, May 16, 1983,
at 12:30 p.m.
IN RE:
ADJOURNMENT
At 9:00 p.m. Supervisor Burton moved to adjourn the meeting and the
motion carried by a unanimous voice vote.
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Vice-Chairman