MINUTES

Regular Meeting
February 7, 2006

Call to Order. A regular meeting of the Stafford County Board of Supervisors was called to order by Robert C. Gibbons, at 1:05 P. M., Tuesday, February 7, 2006, in the Board Chambers, Stafford County Administration Center.

Roll Call. The following members were present: George H. Schwartz; M. S. Joe Brito; Jack R. Cavalier, Vice Chairman; Mark L. Dudenhefer, Peter J. Fields; Robert C. Gibbons, Chairman; and Paul V. Milde III.

Also in attendance were: Steve Crosby, County Administrator; Joseph L. Howard, County Attorney; and Marty Y. Beard, Chief Deputy Clerk.

Presentation by the Public. The following persons spoke on topics as identified:

Jim McMath - Comprehensive Plan.

John Schindel - Public transportation.

Lou Silver - Widewater Park.
- Crows Nest.
- Fannie Roots.
- “Character” is theme for Taxpayers Association.
- Planning Commission Meeting on Comprehensive Plan.

Christine Wedding - Requested VDOT assistance.
- Procurement Code.

Donald Travis - Transportation issues.
- Attendance at meetings to become an informed citizen.

Legislative; Report of the Superintendent of the Schools. Dr. Jean Murray, Division Superintendent of Schools, gave a presentation on current school issues and responded to Board members questions.

Legislative; Presentation and Committee Reports by Board Members. Board members spoke on topics as identified:

Mr. Brito - Procurement Code.
- Civil War monument.
- Attended Boy Scout Troop 142 Eagle Scout Award Ceremony for Jonathan Clancey.
- Attended Regional Elected Officials Meeting.
- Attended Ribbon Cutting Ceremony for Visitors Center at Wingate Inn on Warrenton Road.
- Rappahannock River Easement.

Mr. Dudenhefer - Procurement Code.
- Attended Rappahannock Regional Jail Authority Board meeting.

Mr. Schwartz - Placement of signs for Stafford Freedom project.
- Attended Ribbon Cutting Ceremony for Visitors Center at Wingate Inn on Warrenton Road.
- Traffic on Sanford Drive.
- Remove Item 2 from Consent Agenda.

Mr. Milde - Thanked supporters of his election.
- Crows Nest.
- Transportation issues.
- Brooke Post Office.
- Requested proclamation for Postmaster at Brooke Post Office.

Mr. Fields - Smart Growth Coalition.
- Impact Fees.
- Transfer of development rights.

Mr. Cavalier - New state park in Widewater.
- Removed Item 5 from Consent Agenda.
- Attended Parks and Recreation Commission meeting.
- Bond referendum.
- Attended meeting of Stonebridge Homeowner’s Association.
- Attended meeting of Aquia Harbour Homeowner’s Association.

Mr. Milde - Removed Item 10 from Consent Agenda.

Mr. Gibbons - Expressed appreciation to Mr. Cavalier for his efforts on the new state park in Widewater.
- Signage for Stafford Regional Airport and Visitor’s Center.
- Signage for Rowser Building.
- Town Hall Meeting on Virginia Railway Express.
- Policy on flags.
- Location of fire hydrants at Bridal Estates.
- Rappahannock Area Development Commission merger.
- Air quality in Planning District 16 federally mandated.

Legislative; Report of the County Attorney. Mr. Joseph L. Howard, County Attorney, commented on the following:

- Additions to Closed Meeting Agenda.

Legislative; Report of the County Administrator. Mr. Steve Crosby, County Administrator, commented on the following:

- Reassessments.
- Megan Orient commented on the Grand Opening of the Stafford Visitor’s Center and tourism.

Legislative; Consent Agenda. Mr. Fields motioned, seconded by Mr. Cavalier, to adopt the Consent Agenda consisting of Items 1 thru 10, omitting items 2, 5, and 10.

The Voting Board tally was:
Yea: (7) Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito
Nay: (0)

Item 1. Legislative; Approve Minutes of Board Meeting. Regular Meeting of December 13, 2005.

Item 3. Utilities; Authorize a Public Hearing to Transfer Property to the School Board.

Resolution R06-63 reads as follows:

A RESOLUTION TO AUTHORIZE A PUBLIC HEARING TO TRANSFER PARCEL AP-54-132A TO THE SCHOOL BOARD

WHEREAS, Stafford County is the owner of Parcel AP54-132A, which consists of 433 square feet; and

WHEREAS, the property is surplus to the County needs; and

WHEREAS, the School Board desires the parcel for the new Grafton Village Middle School; and

WHEREAS, the County desires to transfer ownership of the parcel to the School Board; and

WHEREAS, Section 15.2-1800 of the Code of Virginia (1950), as amended, requires that a public hearing be held prior to transfer of the property;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 7th day of February, 2006, that the County Administrator be and
he hereby is authorized to hold a public hearing to transfer Parcel AP54-132A to the School Board.

Item 4. Legislative; Approve Proclamations:

Proclamation P06-05 reads as follows:

A PROCLAMATION TO COMMEMORATE
POSTHUMOUSLY CPL. BRETT LEE LUNDSTROM

WHEREAS, Cpl. Brett Lee Lundstrom, 22, chose to follow in his father’s footsteps as a proud member of the United States Marine Corps after graduating from Brooke Point High School in 2001; and

WHEREAS, Cpl. Brett Lee Lundstrom, a member of the Oglala Sioux Tribe, was known as a kind-hearted, charismatic and extremely bright young man, an avid sports fan and cross-country runner who always had a smile and a joke for everyone he met; and

WHEREAS, Cpl. Brett Lee Lundstrom served in Iraq as a rifleman with E Co., 2nd Battalion, 6th Marines, as part of Regimental Combat Team-8, II Marine Division; and

WHEREAS, during tours of duty fighting our Nation’s war on terror in Afghanistan and Iraq, Cpl. Brett Lee Lundstrom was awarded two Navy Achievement Medals, an Iraqi Campaign Medal, an Afghanistan Campaign Medal, the Global War on Terrorism Service Medal and the National Defense Medal; and

WHEREAS, Cpl. Brett Lee Lundstrom was killed by small arms fire during a valiant fight with insurgents on Saturday, January 7, 2006, near Fallujah, Iraq; and

WHEREAS, the Board desires to call to the attention of citizens everywhere the ultimate sacrifice which Cpl. Brett Lee Lundstrom made in defense of his country, and to express its sincere condolences to his family;

NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 7th day of February, 2006, that Cpl. Brett Lee Lundstrom be and he hereby is commemorated posthumously

Proclamation P06-06 reads as follows:

A PROCLAMATION TO RECOGNIZE AND
COMMEND VERNON E. BLAISDELL

WHEREAS, Vernon E. Blaisdell was the Hartwood District representative on the Utilities Commission from February 1996 through January 2006; and

WHEREAS, the Utilities Commission was created as a critical advisory body to assist the Board with the growth and development of the County’s utility system; and

WHEREAS, Vernon E. Blaisdell served as Chair of the Commission from January 2005 through January 2006, and was the Recording Secretary from January 2003 through January 2005; and

WHEREAS, Vernon E. Blaisdell was a strong supporter of the Rocky Pen Run project, and served on the Drainfield Standards Committee; and

WHEREAS, Vernon E. Blaisdell spent countless hours meeting with Health Department officials, businessmen and other citizens affected by the Commission’s actions, and faithfully attended meetings of the Commission and its committees to ensure that the needs of the community were fully recognized; and

WHEREAS, his fellow Commission members respected Vernon E. Blaisdell for his moderating influence and fair and balanced viewpoints; and

WHEREAS, as a member of a family which has resided in Stafford for several generations, Vernon E. Blaisdell offered a practical perspective and unique knowledge of the County during a decade of unprecedented growth; and

WHEREAS, the Board desires to call to the attention of citizens everywhere the dedication and enthusiasm with which Vernon E. Blaisdell worked on behalf of all the residents of Stafford;

NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 7th day of February, 2006, that Vernon E. Blaisdell be and he hereby is recognized and commended for his service on the Utilities Commission.

Proclamation P06-07 reads as follows:

A PROCLAMATION TO RECOGNIZE AND COMMEND THE STAFFORD
SENIOR HIGH SCHOOL GIRLS VARSITY FIELD HOCKEY TEAM

WHEREAS, the Stafford Senior High School Girls Varsity Field Hockey Team finished the season with a perfect 24-0 record, outscoring their opponents by a combined total of 130-6, including 17 shutouts; and

WHEREAS, the squad prevailed over former State Champion teams from Frank W. Cox High School and Princess Anne High School in Virginia Beach and W. T. Woodson High School in Fairfax to win the title of Virginia High School League AAA 2005 State Champions; and

WHEREAS, the Stafford Senior High School Girls Varsity Field Hockey Team rallied from deficits in the State Quarters and Finals, thanks to a total team effort, superior sportsmanship and a heartfelt passion for the game; and

WHEREAS, the Stafford Senior High School Girls Varsity Field Hockey Team also garnered top honors as Northwest Region Champions and took the Commonwealth District title during the regular season; and

WHEREAS, the Stafford Senior High School Girls Varsity Field Hockey program is respected throughout the state as a powerhouse, thanks to a rigorous off-season conditioning program, the ability to handle adversity, and a willingness on the part of all members of the team to support one another on and off the field of play; and

WHEREAS, the Board desires to call to the attention of citizens everywhere the dedication and enthusiasm with which the members of the Stafford Senior High School Girls Varsity Field Hockey Team have worked to garner top honors in their sport;

NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 7th day of February, 2006, that the Stafford Senior High School Girls Varsity Field Hockey Team be and they hereby are recognized and commended for their many outstanding successes.

Proclamation P06-04 reads as follows:

A PROCLAMATION TO RECOGNIZE AND COMMEND COUNTY
STAFF, SCHOOL PERSONNEL, STUDENTS AND THE STAFFORD COUNTY HISTORICAL SOCIETY FOR COLLABORATING TO
PRODUCE “STAFFORD IS MY HOME”

WHEREAS, County government employees, Stafford County Public School System staff and students from the North Stafford High School Learn and Serve Program collaborated to produce an educational and entertaining activity book for elementary school children titled “Stafford is My Home”; and

WHEREAS, Jane Conner, on behalf of the Stafford County Historical Society, provided historical resources and expertise; and

WHEREAS, two North Stafford High School Learn and Serve classes, taught by Katy Werner, volunteered to develop the book’s activities to broaden the scope of the material, strengthen the lessons it presents, and keep development costs to a minimum; and

WHEREAS, this unique activity book supports the Virginia Standards of Learning requirements for history and social science; and

WHEREAS, “Stafford is My Home” contains a useful table of resources for parents and addresses issues to help families identify Stafford County as their home, while exploring state history, local government, and what it means to live in a democracy; and

WHEREAS, “Stafford is My Home” touts the unique historical and recreational assets the County offers; and

WHEREAS, “Stafford is My Home” also teaches essential child safety lessons and provides crossword puzzles, stories and other activities about conservation and recycling and

WHEREAS, school employees conducted a contest among third and fourth graders for the design of the cover, and selected the vibrant expression of Victoria Yuen, a student at Kate Waller Barrett Elementary School; and

WHEREAS, the Board desires to bring to the attention of citizens everywhere the hard work and collaborative effort which resulted in a unique learning tool to enhance community spirit, insure the safety of our children, and share the historical and environmental assets of Stafford;

NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 7th day of February, 2006, that County staff, School Personnel, Students and the Stafford County Historical Society be and they hereby are recognized for collaborating to produce “Stafford is My Home.”

Proclamation P06-08 reads as follows:

A PROCLAMATION TO DECLARE FEBRUARY 2006
AS BLACK HISTORY MONTH IN STAFFORD

WHEREAS, Americans have recognized Black history annually since 1926, thanks to the contributions of Harvard graduate Dr. Carter G. Woodson who researched and wrote about the legacy of Black Americans, and brought national attention to the contributions of this important segment of our nation’s population; and

WHEREAS, African-Americans have been among the leading scientists, physicians and intellectuals in America, including Benjamin Banneker, a self-taught surveyor, mathematician and astronomer, and agricultural chemist George Washington Carver, who revolutionized the farming economy of the South; and

WHEREAS, the recent death of Coretta Scott King, the widow of slain civil-rights leader Martin Luther King Jr., brings to the forefront during this special observance her work and the efforts of other African-Americans to continue the legacy of Dr. King’s vision for social and economic change through non-violent means; and

WHEREAS, the African-American Community in Stafford is a vibrant and growing component of the population, employed in key positions in the private sector as teachers, doctors and pastors, as well as in local, state and federal governments; and

WHEREAS, the Stafford County Branch of the NAACP, National Council of Negro Women and the Stafford County Historical Society work to preserve and disseminate information about African-American history locally through special programs and publications; and

WHEREAS, the Board desires to call public attention to the achievements of African-Americans in Stafford and throughout the Nation, and to use this occasion to highlight the ingenuity, creativity, and cultural and political experiences of citizens of African descent;

NOW, THEREFORE, BE IT PROCLAIMED by the Stafford County Board of Supervisors on this the 7th day of February, 2006, that February 2006 be and it hereby is declared as Black History Month in Stafford.

Item 6. Public Services; Petition VDOT to Include a Street Within Summerset Ridge and Streets Within Stafford Lakes Village, Section 9, Into the State Secondary Road System.

Resolution R06-41 reads as follows

A RESOLUTION PETITIONING THE VIRGINIA DEPARTMENT
OF TRANSPORTATION TO INCLUDE PINEY HILL LANE WITHIN SUMMERSET RIDGE SUBDIVISION INTO THE STATE SECONDARY
ROAD SYSTEM

WHEREAS, the Board, pursuant to Section 33.1-229 of the Code of Virginia (1950), as amended, desires to add Piney Hill Lane within Summerset Ridge Subdivision into the State Secondary Road System; and

WHEREAS, the Virginia Department of Transportation (VDOT) has inspected this street and found it acceptable;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 7th day of February, 2006, that the Virginia Department of Transportation (VDOT) be and it hereby is petitioned to include the following street within Summerset Ridge Subdivision into the State Secondary Road System:

Street Station Length
Piney Hill Lane Fr: Inter. Holly Corner Road 0.20 Miles
To: 0.20 Mi. S. Inter. Holly Corner Road 50' ROW

An unrestricted right-of-way (ROW), as indicated above, for each street with necessary easements for cuts, fills and drainage is guaranteed, as evidenced by Plat of Record entitled Summerset Ridge Subdivision, LR 030025990, recorded July 2, 2003; and

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the developer and the Residency Administrator of VDOT.

Resolution R06-07 reads as follows

A RESOLUTION PETITIONING THE VIRGINIA DEPARTMENT
OF TRANSPORTATION TO INCLUDE VILLAGE PARKWAY, WILD ROSE DRIVE, COUNTRY MANOR DRIVE, STILL SPRING COURT WITHIN STAFFORD LAKES VILLAGE, SECTION 9, INTO THE
STATE SECONDARY ROAD SYSTEM

WHEREAS, the Board, pursuant to Section 33.1-229 of the Code of Virginia (1950), as amended, desires to add these streets within Stafford Lakes Village, Section 9, into the State Secondary Road System; and

WHEREAS, the Virginia Department of Transportation (VDOT) has inspected these streets and found them acceptable;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 7th of February, 2006, that the Virginia Department of Transportation (VDOT) be and it hereby is petitioned to include the following streets within Stafford Lakes Village, Section 9, into the State Secondary Road System:

Street Station Length

Village Parkway Fr: Inter. Stratford Hall Court 0.18 Miles
To: Country Manor Drive 90' ROW

Wild Rose Drive Fr: Inter. Country Manor Drive 0.17 Miles
To: Still Spring Court 50' ROW

Wild Rose Drive Fr: Still Spring Court 0.13 Miles
To: Country Manor Drive 50' ROW

Country Manor Drive Fr: Village Parkway 0.07 Miles
To: Wild Rose Drive 52' ROW

Country Manor Drive Fr: Wild Rose Drive 0.25 Miles
To: Wild Rose Drive 52' ROW

Still Spring Court Fr: Inter. Wild Rose Drive 0.04 Mles
To: Wild Rose Drive 44' ROW

Unrestricted rights-of-ways (ROW), as indicated above, for these streets with necessary easements for cuts, fills and drainage is guaranteed, as evidenced by Plat of Record entitled Stafford Lakes Village, Section 9, PM 040000062, Instrument Number 040011106 recorded March 22, 2004; and

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the developer and the Residency Administrator of VDOT.

Item 7. Utilities; Authorize Acquisition of Easements for the Truslow Road Water Line Extension.

Resolution R06-62 reads as follows:

A RESOLUTION TO AUTHORIZE PAYMENT FOR AN EASEMENT
ON PARCEL 44-117E FOR THE TRUSLOW ROAD WATER LINE EXTENSION

WHEREAS, the Board has authorized construction of the Truslow Road Water Line Extension; and

WHEREAS, water line easements are necessary to construct the water line extension; and

WHEREAS, the owners of Tax Map 44, Parcel 117E, have agreed to grant the necessary easement on their property for $2,000; and

WHEREAS, staff has determined that this amount is reasonable compensation;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 7th day of February, 2006, that the County Administrator be and he hereby is authorized to make payment in an amount not to exceed Two Thousand Dollars ($2,000) for an easement on Parcel 44-117E for the Truslow Road Water Line Extension.

Resolution R06-74 reads as follows:

A RESOLUTION TO AUTHORIZE PAYMENT FOR AN EASEMENT ON PARCEL 44-116 FOR THE TRUSLOW ROAD WATER LINE EXTENSION

WHEREAS, the Board has authorized construction of the Truslow Road Water Line Extension; and

WHEREAS, water line easements are necessary to construct the water line extension; and

WHEREAS, the owners of Tax Map 44, Parcel 116, have agreed to grant the necessary easement on their property for $4,368; and

WHEREAS, staff has determined that this amount is reasonable compensation;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 7th day of February, 2006, that the County Administrator be and he hereby is authorized to make payment in an amount not to exceed Four Thousand, Three Hundred Sixty-Eight Dollars ($4,368) for an easement on Parcel 44-116 for the Truslow Road Water Line Extension.

Resolution R06-75 reads as follows:

A RESOLUTION TO AUTHORIZE PAYMENT FOR AN EASEMENT ON PARCEL 44-117D FOR THE TRUSLOW ROAD WATER LINE EXTENSION

WHEREAS, the Board has authorized construction of the Truslow Road Water Line Extension; and

WHEREAS, water line easements are necessary to construct the water line extension; and

WHEREAS, the owners of Tax Map 44, Parcel 117D, have agreed to grant the necessary easement on their property for $3,978; and

WHEREAS, staff has determined that this amount is reasonable compensation;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 7th day of February, 2006, that the County Administrator be and he hereby is authorized to make payment in an amount not to exceed Three Thousand, Nine Hundred Seventy-Eight Dollars ($3,978) for an easement on Parcel 44-117D for the Truslow Road Water Line Extension.

Item 8. Utilities; Award Contract for Centrifuge for the Little Falls Run Wastewater Treatment Facility.

Resolution R06-68 reads as follows:

A RESOLUTION to authorize the County Administrator
to award a contract for a centrifuge at the Little Falls Run Wastewater Treatment Facility

WHEREAS, the existing fifteen year old centrifuge at the Little Falls Run Wastewater Treatment Facility is in need of replacement; and

WHEREAS, the replacement of this equipment was approved in a previous Capital Improvement Program and funding is included in the current budget; and

WHEREAS, the design for the replacement centrifuge has been completed and offered for public bid; and

WHEREAS, one bid was received from Andritz-Ruthner, Inc. in the amount of $382,550; and

WHEREAS, this bid has been reviewed and determined to be reasonable by Parsons, the firm providing engineering services for this project;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 7th day of February, 2006, that the County Administrator be and he hereby is authorized to award a contract to Andritz-Ruthner, Inc. in an amount not to exceed Three Hundred Eighty-Two Thousand Five Hundred Fifty Dollars ($382,550) for a centrifuge for the Little Falls Run Wastewater Treatment Facility.

Item 9. Utilities; Award Contracts for Purchase of Chemicals for Water and Wastewater Treatment Facilities.

Resolution R06-73 reads as follows:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR
TO EXECUTE CONTRACTS FOR THE PURCHASE OF PROCESS CHEMICALS

WHEREAS, the Department of Utilities needs to purchase process chemicals for use at its water and wastewater treatment facilities; and

WHEREAS, funds are available in the FY2006 Operating Budgets for the purchase of these chemicals; and

WHEREAS, the County has participated in a cooperative bid process with the Fairfax County Water Authority and other jurisdictions for the purchase of water and wastewater treatment process chemicals and has solicited bids for two of these chemicals on its own;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 7th day of February, 2006, that the County Administrator be and he hereby is authorized to execute contracts with Univar USA with an estimated 12-month expenditure of $242,000; Allegiance Chemicals with an estimated 12-month expenditure of $295,000; Kuehne Chemical with an estimated 12-month expenditure of $187,000; and General Chemical with an estimated 12-month expenditure of $421,000 for the purchase of process chemicals for the water and wastewater treatment facilities, subject to appropriation of funds in FY2007 for this purpose; and

BE IT FURTHER RESOLVED that these contracts are authorized for renewal for up to three (3) additional 12-month periods subject to appropriation of funds by the Board for this purpose in subsequent years.

Finance; Approve Expenditure Listings. Mr. Schwartz commented.

Discussion ensued.

Mr. Schwartz motioned, seconded by Mr. Dudenhefer, to request that all payments regarding the Stafford Regional Airport Authority be done incrementally as phases of construction are complete.

The Voting Board tally was:
Yea: (7) Dudenhefer, Fields, Gibbons, Milde, Schwartz, Brito, Cavalier
Nay: (0)

Mr. Schwartz, seconded by Mr. Fields, to adopt proposed Resolution R06-76 with a change.

The Voting Board tally was:
Yea: (7) Fields, Gibbons, Milde, Schwartz, Brito, Cavalier, Dudenhefer
Nay: (0)

Resolution R06-76 reads as follows:

A RESOLUTION TO APPROVE EXPENDITURE LISTING (EL) DATED
JANUARY 17, 2006, THROUGH FEBRUARY 6, 2006

WHEREAS, the Board has appropriated funds to be expended for the purchase of goods and services in accordance with an approved budget; and

WHEREAS, the payments appearing on the above-referenced Listing of Expenditures represent payment of $100,000 and greater for the purchase of goods and/or services which are within the appropriated amounts;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 7th day of February, 2006, that the above-mentioned EL be and it hereby is approved.

Parks and Recreation; Consider Name of Park on Moncure Property. Mr. Cavalier motioned, seconded by Mr. Fields, to refer proposed Resolution R06-77 to the Parks and Recreation Commission.

The Voting Board tally was:
Yea: (7) Gibbons, Milde, Schwartz, Frito, Cavalier, Dudenhefer, Fields
Nay: (0)

Legislative; Regular Agenda Addition. Mr. Milde motioned, seconded by Mr. Cavalier, to add an appointment to the Parks and Recreation Commission to the Regular Agenda.

The Voting Board tally was:
Yea: (7) Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons
Nay: (0)

Legislative; Appoint Members to Boards, Authorities, Commissions and Committees; Parks and Recreation Commission. Mr. Milde motioned, seconded by Mr. Cavalier, to adopt proposed Resolution R06-126.

The Voting Board tally was:
Yea: (7) Milde, Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons
Nay: (0)

Resolution R06-126 reads as follows:

A RESOLUTION TO APPOINT MEMBERS TO THE PARKS
AND RECREATION COMMISSION

WHEREAS, Section 15.2-1806 of the Code of Virginia (1950), as amended, authorizes the Board to appoint members to serve on the Parks and Recreation Commission; and

WHEREAS, membership consists of ten members, one member from each election district in the County, one member as a representative from the School Board, one member from the Board of Supervisors and one member from the Planning Commission; and

WHEREAS, the Board has appointed the following:

NAME EXPIRATION

John Druiett December 31, 2008
(Hartwood District)

Thomas Paton December 31, 2007
(Garrisonville District)

VACANT December 31, 2006
(Aquia District)

Jack R. Cavalier December 31, 2006
(Board of Supervisors)

John C. LeDoux December 31, 2007
(School Board Representative)

Randy Walther December 31, 2008
(Falmouth District)

Kenneth Mitchell December 31, 2007
(Planning Commission)

Chris Hoppe December 31, 2008
(Griffis-Widewater District)

Brian Robinson December 31, 2006
(George Washington District)

Laurence R. Checca December 31, 2008
(Rock Hill District)

WHEREAS, a vacancy exists in the Aquia District; and

WHEREAS, the Board desires to fill the vacancy; and

WHEREAS, the term of appointment is three years;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17th day of January, 2006, that

NAME EXPIRATION

Robert Ray December 31, 2006
(Aquia District)

be and he hereby is appointed to the Parks and Recreation Commission.

Legislative; Appoint Members to Boards, Authorities, Commissions and Committees; Beautification Committee. Mr. Fields motioned, seconded by Mr. Cavalier, to adopt proposed Resolution R06-111.

The Voting Board tally was:
Yea: (7) Schwartz, Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde
Nay: (0)

Resolution R06-111 reads as follows:

A RESOLUTION TO APPOINT MEMBERS TO THE STAFFORD
COUNTY BEAUTIFICATION COMMITTEE

WHEREAS, Resolution R02-215 reestablished the Beautification Committee; and

WHEREAS, Resolution R02-215 authorizes 17 members to be appointed to the Beautification Committee, one to represent each of the following: education system, business community, County Extension Office, a commu­nity or civic organization, a high school student, a youth organization, County government, a garden club, Sheriff’s Office, community involvement representative, and one representative from each of the County's seven election districts; and

WHEREAS, the Board desires to appoint an additional high school student representative; and

WHEREAS, the Board has previously appointed the following:

NAME EXPIRATION

Julie May December 31, 2006 (County Government)

Trina McCarthy December 31, 2006
(Youth Organization)

Ian Treggett December 31, 2006
(Extension Office)

Laurie Posner December 31, 2006
(George Washington District)

Bobbye Hayes December 31, 2006
(Griffis-Widewater District)

Janet O’Neal December 31, 2006
(Education System)

Betty Avisian December 31, 2006
(Falmouth District)

Sandra West December 31, 2006
(Community Organization)

Deputy Craig Cain December 31, 2006
(Sheriff’s Office)

Cynthia Lucero-Chavez December 31, 2006
(Community Involvement)

Eleanor Brookover December 31, 2006
(Rock Hill District)

Mike Holmes December 31, 2005
(Hartwood District)

VACANT December 31, 2005
(Business Community)

Anne Kline December 31, 2005
(Garden Club)

VACANT December 31, 2004
(Garrisonville)

Shari Kern December 31, 2006
(Aquia)

Jacob Kern December 31, 2006
(High School Student)

Anthony Celestini December 31, 2006
(High School Student)

WHEREAS, the term of the Garrisonville representative has expired; and

WHEREAS, the Board desires to fill this vacancy; and

WHEREAS, the term of membership is one year;

NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 7th day of February, 2006, that

NAME EXPIRATION

Wendy Meyer December 31, 2006 (Garrisonville)

be and she hereby is appointed to the Beautification Committee.

Planning; Consider Rezoning 38.99 Acres from A-1 to M-1 Located at 50 Riverside Parkway. Mr. Brito motioned, seconded by Mr. Schwartz, to adopt proposed Ordinance O06-13.

Discussion ensued.

The Voting Board tally was:
Yea: (7) Brito, Cavalier, Dudenhefer, Fields, Gibbons, Milde, Schwartz
Nay: (0)

Ordinance O06-13 reads as follows:

AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE FOR STAFFORD COUNTY BY AMENDING THE
ZONING DISTRICT MAP TO RECLASSIFY, WITH PROFFERS,
FROM A-1, AGRICULTURAL TO M-1, LIGHT INDUSTRIAL,
ASSESSOR’S PARCELS 44-147, HARTWOOD ELECTION DISTRICT

WHEREAS, H. Clark Leming, applicant for the Ward Corporation, has submitted application RC2500922 requesting reclassification, with proffers, of Assessor’s Parcel 44-147 from A-1, Agricultural, to M-1, Light Industrial, consisting of 38.99 acres, located on the west side of Riverside Parkway, south of Sanford Drive, within the Hartwood Election District; and

WHEREAS, the Board has carefully considered the recommendation of the Planning Commission, staff and testimony at the public hearing; and

WHEREAS, the Board has determined that the requested zoning is compatible with the surrounding land uses and zoning; and

WHEREAS, the Board finds that public necessity, convenience, general welfare, or good zoning practice requires adoption of an ordinance to reclassify the subject property;

NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 7th day of February, 2006, that the Zoning Ordinance for Stafford County be and it hereby is amended and reordained by amending the zoning district map to reclassify from A-1 Agricultural, to M-1, Light Industrial, Assessor’s Parcel 44-147 with the following proffers:

1. Transportation
A. Subject to VDOT warrants being met, the Applicant agrees to install a traffic signal at the intersection of Sanford Drive and Riverside Parkway.

B. Access to the Property shall be from Riverside Parkway, as indicated on the Generalized Development Plan, dated March 16, 2005, revised August 11, 2005, prepared by ATCS, PLC, (“GDP”).

C. The Applicant agrees to contribute the sum of fifty thousand dollars ($50,000.00) toward improvements to Sanford Drive, twenty-five thousand dollars $25,000.00 payable within thirty (30) days of approval of a final site plan for the property, and twenty-five thousand dollars ($25,000.00) payable on or before the date of the issuances of the first occupancy permit for the property.

D. The Applicant agrees to implement any other transportation improvements indicated by the “Traffic Impact Analysis,” prepared by VETTRA Co., dated March 17, 2005.

E. The Applicant agrees to dedicate 12 feet of right of way along Sanford Drive (SR-670) as indicated on the GDP.

2. Architectural Design and Signage
A. The Applicant shall employ predominantly site cast concrete, brick and textured paint and glass for the front and side facades of any building constructed on the property.

B. The facades shall feature a predominant field color of off-white or light gray or light beige. No dark or primary colors shall be utilized for facades. Accent colors, not to exceed twenty percent (20%) of the surface area shall be selected to harmonize
with the field color or feature primary colors.

C. The Applicant agrees that any building constructed on the Property shall be
designed and built such that facades exceeding two hundred feet (200’) in length,
measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three percent (3%) of the length of the façade and extending at least twenty percent (20%) of the length of the façade. No uninterrupted length of any façade shall exceed one hundred (100) horizontal feet.

D. The Applicant agrees that buildings 1, 2 and 3 as indicated on the GDP shall be limited to no more than 35 feet in height.

E. The Applicant agrees to employ a consistent, coordinated design theme for
Signage throughout the development ties into the color and style utilized for the buildings.

F. The Applicant agrees not to install any general advertising signs on the Property, nor shall any carnival style flags, banners, blinking or flashing lights, balloons or windsocks be employed on the Property. Signs shall be of a coordinated color and design.

G. The Applicant agrees that the buildings constructed on the Property shall conform substantially in appearance to the renderings, dated October 18, 2005, titled “Riverside Business Park,” prepared by Donnally, Vujcic Associates, LLC, and attached to these proffers as Exhibit 1.

3. Lighting – The Applicant agrees to install “cut off lighting” for all parking lot
areas, which shall not exceed 0.5 horizontal foot candles measured along the property line adjacent to the forty foot (40’) buffer shown on the western side of the Property. Any lighting employed for areas in the front of the buildings and the parking lot shall be of a type which does not distort or alter the color of the items being illuminated. A lighting plan illustrating these principles shall be submitted as part of the site plan for the Property.

4. Fire Protection – The Applicant agrees to install automatic sprinkler systems
in all buildings constructed on the Property.

5. Uses Not To Be Constructed – The Applicant agrees that the following uses shall not be constructed on the Property: aquaculture, commercial kennel, recycling facility, welding or machine shops, automobile assembly/disassembly , painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling, tire retreading or battery manufacture, heavy machinery sales and service, parking and storage of tractor trailers, contractors equipment and storage yards, and convenience center or store. The Applicant further agrees that outdoor storage, as defined by the Zoning Ordinance, shall not be permitted on the Property.

6. Internal Sidewalk Network – The Applicant agrees to construct an internal sidewalk network within the Property as indicated on the GDP.

7. Hours of Delivery - The hours of delivery for buildings 1, 2 and 3 on the GDP shall be limited to 9:00 a.m. to 6:00 p.m. weekdays and weekends.

8. Clearing and Grading - The Applicant agrees to install an orange safety fence at the proposed limits of the clearing and grading prior to the approval of the grading plan for the Property.

9. Sewerage – The Applicant agrees that a pump station will not be utilized to
service the Property, provided the road crossing of the stream valley can be constructed a minimum of twenty-three (23) feet above the stream bed.

10. Stormwater Pond – The Applicant agrees that a conventional Stormwater pond shall not be placed within eight (8) feet of any CRPA located on the Property.

11. Crime Prevention
A. In the event a berm is constructed along Sanford Drive or Riverside Parkway, the height of such berm shall not exceed thirty-six (36) inches.

B. The Applicant shall generally refrain from having plantings within ten (10) feet of any of the buildings on the site. In no event shall any planting be located within (10) feet of any building entrance nor shall any planting located within ten (10) feet of a building exceed thirty-six (36) inches in height.

C. Front entrance doors for each building shall be glass. Any back door, if not made of glass, shall include a “peephole.”

Finance; Amend the County Code Entitled “Procurement Code”. Mr. Schwartz commented.

Mr. Dudenhefer motioned, seconded by Mr. Brito, to adopt proposed Ordinance O06-21 as amended.

Discussion ensued.

Mr. Schwartz made a substitute motion to deny proposed Ordinance O06-21 as amended by the Committee.

The substitute motion dies for lack of a second to the motion.

The Voting Board tally on the original motion was:
Yea: (5) Cavalier, Dudenhefer, Gibbons, Milde, Brito
Nay: (2) Fields, Schwartz

Ordinance O06-21 reads as follows:

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 20 OF
THE STAFFORD COUNTY CODE ENTITLED “PROCUREMENT CODE”

WHEREAS, the Board desires to amend the “Procurement Code”;

NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 7th day of February 2006, that Chapter 20 of the County Code be and it hereby is amended and reordained as follows:

PROCUREMENT CODE

Art. I. In General, §§ 20-1---20-45
Art. II. Competitive Bidding, §§ 20-46---20-80
Art III. Competitive Proposals, §§ 20-81---20-100
Art IV. Special Provisions Relating to Construction Contracts,
§§ 20-101---20-120
Art. V. Selection of Consultants, §§ 20-121---20-145
Art. VI. Debarment or Suspension of Prospective Contractors,
§§ 20-146---20-150

ARTICLE I. IN GENERAL

Sec. 20-1. Title.

This chapter shall be known and may be cited as the “Procurement Code of Stafford County, Virginia.”

Sec. 20-2. Definitions.

For purposes of this chapter, the following terms have the meanings ascribed to them herein, except where the context clearly requires another meaning:

Best value means the overall combination of quality, price, and various elements of required services that in total are optimal relative to the county’s needs.

Change order means a written order, signed by a person authorized in this chapter or otherwise, directing a contractor to make changes which the changes clause of the contract authorizes to be ordered without the consent of the contractor.

Construction or construction contract means contracts for the building, altering, repair, improvement or demolition of any public structure or building, or other public improvements of any kind to any public real property. It shall not include the routine operation, routine repair, or routine maintenance of existing buildings, structures or real property, including publicly owned or operated utility lines or storm sewers.

Contractor means any individual, committee, club, association or other organization or group of individuals, or any corporation, partnership, sole proprietorship, joint stock company, joint venture or any other private legal entity, having or proposing a contract with the board of supervisors or any using department.

Contracts means all types of county agreements, regardless of what they may be called, for the procurement or disposal of services, supplies or construction.

Nonprofessional services means any services not specifically identified as professional services in the definition of professional services.

Potential bidder or offeror means a person who, at the time the board of supervisors negotiates and awards or proposes to award a contract, is engaged in the sale or lease of goods, or the sale of services, insurance or construction, of the type to be procured under such contract, and who at such time is eligible and qualified in all respects to perform that contract, and who would have been eligible and qualified to submit a bid or proposal had the contract been procured through competitive sealed bidding or competitive negotiation.

Procurement means buying, purchasing, renting, leasing or otherwise acquiring any supplies, services or construction. It also includes all functions that pertain to the obtaining of any supply, service or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration.

Professional services means work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy, or professional engineering.

Purchasing officer is an employee, designated by the finance director as the head of the central purchasing division, authorized to exercise any or all of the authority and perform any duty pertaining thereto which the finance director may delegate to others, in accordance with the provisions of this chapter.

Requisition means a document or documents, in a form prescribed by the finance director, which constitutes demand by the using department for the provision of supplies, services or construction.

RFP means a request for proposals.

Service contract means any contract which may be entered into by or on behalf of the board of supervisors or any using department for the provision of any service, to include time, labor or effort by the contractor, but not involving the delivery of a specific end product, other than reports incidental to the required performance; provided that the term shall not include contracts for regular employment in the county service; and provided further that it shall not include any contract for professional services which may be governed by an independent policy pertaining to such services. The term "services" shall specifically include, but not be limited to, banking services.

Supplies means all property, articles or things, including, but not limited to, all equipment and materials, but not including real property or any interest in real property, which are to be used by or furnished to any using department.

Using department means all departments, offices, constitutional officers, agencies, divisions, boards, districts or services within the county government, deriving their support, in whole or in part, from funds budgeted and appropriated by the board of supervisors, specifically including, but not limited to, the school board and the social services department. This term shall include volunteer fire and rescue companies, except as may be otherwise provided in this chapter.

Sec. 20-3. Violations of chapter.

The willful violation of any provision of this chapter or any rule or regulation adopted hereunder shall constitute a Class 1 misdemeanor. Upon conviction, any employee, in addition to any other fine or penalty provided by law, shall forfeit his employment.

Sec. 20-4. Purpose and general application of chapter.

(a) The regulations contained in this chapter are promulgated by ordinance of the board of supervisors pursuant to sections 2.2-4300(c) and 2.2-4302 of the Code of Virginia, to effectuate the purposes of those sections with regard to procurement and disposition of supplies, services and construction for the county.

(b) Except as otherwise specifically provided, the regulations prescribed in this chapter shall apply to any contract for supplies, services or construction entered into after their effective date, unless the parties agree to their application to a contract solicited or entered into prior to their effective date.

(c) Except as otherwise specifically provided, the regulations contained in this chapter shall apply to every expenditure of funds appropriated by the board of supervisors, by or on behalf of the board or any using department, specifically including, but not limited to, the county school board, constitutional officers of the county and the social services department of the county, for the procurement of any supplies, services or construction, except as otherwise provided by law or this chapter. Such regulations shall apply to all dispositions of county supplies.

Sec. 20-5. Compliance with chapter.

All procurements of supplies, services and construction shall be made in accordance with the provisions of this chapter.

Sec. 20-6. Chapter does not prevent compliance with conditions of grant, gift or bequest.

Nothing contained in this chapter shall prevent the board of supervisors or any using department from complying with the terms and conditions of any grant, gift or bequest.

Sec. 20-7. Rights of school board as to purchases; chapter not applicable to procurement of capital improvements by school board.

Notwithstanding any other provisions of this chapter, the school board shall retain its right to specify the goods and services it wishes to purchase and to approve or reject all purchases made on its behalf. Furthermore, this chapter shall not apply to the procurement of capital improvements by the school board which shall be governed by applicable state law.

Sec. 20-8. Conflict of interests.

For the purposes of this chapter, conflict of interests shall be governed by the State and Local Government Conflict of Interests Act (§ 2.2-3100, et seq. of the Code of Virginia) and by title 2.2, chapter 43, article 6 (§ 2.2-4367 et seq.), Ethics in Public Contracting, of the Code of Virginia.

Sec. 20-9. County not to discriminate against persons on basis of race, creed, sex, etc.

Stafford County shall not discriminate against any person on the basis of race, color, creed, religion, national origin, sex or handicapped status.

Sec. 20-10. General powers and duties of county administrator as purchasing agent.

(a) The county administrator shall be the purchasing agent for the county and shall be under the supervision and control of the board of supervisors for the faithful execution and performance of such function. He shall perform the purchasing function through the finance department, but he shall remain ultimately responsible for that function.

(b) The county administrator shall make all procurements and dispositions for the county in such manner and with such exceptions as may be provided for in this chapter. He shall have authority to transfer or trade supplies between using departments and he shall have charge of the storerooms and warehouses of the county.

(c) The county administrator is hereby authorized to develop and implement suitable specifications or standards for any or all supplies to be purchased by the county. He shall, except where otherwise provided, inspect or provide for the inspection of all deliveries to ensure their compliance with the specifications so established.

(d) The county administrator may delegate all authority to act as purchasing agent to the finance director, except as otherwise provided in this chapter.

Sec. 20-11. General powers and duties of finance director under chapter; purchasing officer generally.

(a) The finance director personally shall interpret the meaning and application of this chapter and his decision on questions pertaining thereto shall be final. The director may seek the assistance of the county attorney's office in rendering any decision or interpretation requested.

(b) The finance director shall maintain complete records pertaining to the performance of the procurement and disposition functions assigned to him by this chapter. With the exception of materials provided in connection with competitive procurements, prior to opening of bids or the award of a contract in competitive negotiations, such records shall be public documents and shall be open for inspection in accordance with the provisions of the Virginia Freedom of Information Act. (Code of Virginia, § 2.2-3700 et seq.)

(c) The finance director is hereby authorized to delegate any and all of the authority and duties set forth in this chapter not reserved specifically to him to such other officers and employees of the county as he shall deem appropriate. He may designate a person to be purchasing officer, one for the county and the other for the school board, who shall be employees of the finance department, but such designation shall not be deemed to relieve the finance director of responsibility for supervision and control of the purchasing function assigned to him by this chapter.

(d) Any purchasing officer designated pursuant to this section shall perform such duties as may be assigned him by the finance director consistent with this chapter, and shall have charge of the central purchasing division of the county.

Sec. 20-12. Purchasing manual.

(a) The county administrator is hereby authorized to promulgate, after consultation with the finance director, a purchasing manual, which shall establish rules for the internal administration of the central purchasing division and such other matters as may be provided herein, including the method and manner of administratively processing procurements and sales. Such rules shall be consistent with this chapter and the laws of the United States and the commonwealth and shall have the force and effect of law.

(b) Rules which may be promulgated by the county administrator in accordance with subsection (a) above shall be in effect from the date on which they are promulgated and may be amended, altered or repealed by him as he shall deem appropriate; provided, however, that copies of all such action by the county administrator with regard to such rules shall be immediately forwarded to the board of supervisors, which may overrule the county administrator. The board of supervisors additionally reserves to itself the authority to amend, alter or repeal any provision of the rules so promulgated.

(c) In addition to rules that may be promulgated as provided for above, the purchasing manual shall contain, at a minimum, the following items:

(1) The regulations set out in this chapter, kept current, and references to state and federal law which may be applicable to certain procurements or sales.

(2) Specimen copies of all forms, including standard invitations for bids, standard contracts and standard specifications.

(3) Internal operating procedures of the central purchasing division, including the manner of processing requisitions and purchase orders and methods for expediting purchases when the finance director determines them to be necessary

(4) A detailed procedure to be followed for all procurements for the school board to implement the provisions of section 20-7.

(5) Such other matters as the county administrator shall deem necessary and proper to the efficient administration of the central purchasing division or which shall be authorized in this chapter.

Sec. 20-13. Cooperation with department of minority business enterprise.

Within the limits of the funds appropriated and the provisions of law, the finance director shall cooperate with the Department of Minority Business Enterprise, the United States Small Business Administration, and other public or private agencies in promoting the purposes of that office.

Sec. 20-14. Unauthorized procurements and dispositions generally.

(a) No person shall have the authority to bind the county or any using department to any contract, except as provided in this chapter.

(b) Any procurement or disposition made by any person in the name of the county or any using department, which procurement or disposition is not in compliance with this
chapter or the purchasing manual, or both, shall be deemed unauthorized. Any person who makes an unauthorized procurement or sale may be personally liable therefore to the vendor or purchaser of supplies, services or construction. Such sales or procurements shall be voidable, in the discretion of the board of supervisors.

(c) The county administrator and his employees shall not be liable and shall be held harmless for any unauthorized procurement or disposition which was not initiated or approved by them.

(d) A determination as to whether any procurement or disposition was unauthorized shall be made, in the first instance, by the purchasing officer, if there be one. He shall report his finding to the finance director, who shall consult with the county attorney's office. If the finance director personally determines that the procurement or disposition was unauthorized, he shall bill the person allegedly responsible for the amount of any damages sustained by the county. The person allegedly responsible shall have a right of appeal to the county administrator, provided that the appeal is filed, in writing, within fourteen (14) calendar days of the submission of a bill to him. Should an appeal be denied, or not taken in a timely fashion, and the bill not be paid, the county attorney's office shall undertake legal proceedings to recover the money owed.

(e) Any unauthorized procurement or disposition may be grounds for termination from county service of the responsible employee or for the imposition of other adverse action which may be provided for in the county personnel regulations.

Sec. 20-15. Requisition or purchase order and sufficient funds (budgeted, unencumbered and appropriated) required.

The finance director shall not make procurement for any using department unless and until he has received, in advance, a properly completed requisition or purchase order for which there are budgeted, unencumbered and appropriated funds sufficient to pay for the proposed procurement, except as may be otherwise provided in this chapter.

Sec. 20-16. Initiation and processing of requisitions.

A requisition shall be initiated by the using department and processed by the finance director in accordance with such rules as the county administrator shall promulgate in the purchasing manual referred to in section 20-12.

Sec. 20-17. Compliance with federal law and regulations as to expenditure of federal assistance or contract funds.

Where the procurement of any supplies, services or construction involves the expenditure of federal assistance or contract funds, the county administrator shall comply with such federal law and authorized regulations as are mandatorily applicable and which may not be reflected in the regulations set out in this chapter.

Sec. 20-18. General requirements for contracts.

(a) Unless the finance director personally shall establish classifications of contracts to which this section shall not apply, All all contracts for twenty-five thousand dollars ($25,000) or more more than one thousand dollars ($1,000) to which the county is a party shall be in writing.

(b) All contracts shall be in a form prepared by the county and approved by the county attorney or his designee, or shall be individually prepared for a specific procurement, and all such contracts shall incorporate provisions of this chapter by reference insofar as they may apply. Nothing herein shall prevent the use of a contract prepared by a vendor, if a standard contract has not been prepared for the procurement or if such use has been approved by the county attorney's office. Notwithstanding the provisions of this section, the provisions of this chapter shall be deemed incorporated, insofar as they may be applicable, into any contract to which a using department or the board of supervisors shall be a party, whether specifically referenced therein or not.

(c) All contracts shall be in the name of the board of supervisors, or where appropriate, in the name of a using department which has independent statutory authority to enter into contracts; provided, however, that all leaseholds entered into by any using department shall be in the name of the board.

Sec. 20-19. Specific provisions to be included in contracts.

(a) Generally. Every contract to which the county is a party shall expressly contain the provisions required by this section, in addition to such other terms and conditions as may be agreed to among the parties.

(b) Termination for convenience of county. Each contract for more than one thousand dollars ($1,000) shall contain appropriate provisions which permit work or delivery thereunder to be terminated, in whole or from time to time in part, whenever the county administrator shall determine that such termination is in the best interests of the county and which provide for fair and reasonable compensation to any contractor who is so terminated.

(c) Termination for default. Each contract to which the county is a party shall contain an express provision which permits termination of the contract for failure of the contractor to perform his contractual obligations.

(d) Termination for nonfunding. Each contract to which the county is a party which requires that the county make payments beyond the fiscal year in which such contract was made shall contain a provision for termination of the contract in the event that the board of supervisors shall cease to appropriate funds for the purposes of the contract.

(e) Examination and copying of contractor's records. Unless the county attorney's office shall authorize an exception to this subsection, each contract for more than twenty-five ($25,000) shall expressly provide that the contractor shall agree that the finance director, or his duly authorized agent, shall, until the expiration of three (3) years following the final payment on the contract, have access to and the right to examine and copy any directly pertinent books, documents, papers and records of the contractor involving transactions related to the contract in question. Such contracts shall further contain a provision to the effect that the contractor shall include a similar access, examination and copying requirement in any subcontract which is for more than ten thousand dollars ($10,000). Such contracts and subcontracts shall further provide that, in the event there is litigation or arbitration involving the contract, rights of access, examination and copying thereunder shall continue until any litigation, appeals, claims or arbitration shall have been finally disposed of.

(f) Employment discrimination. Every contract of over ten thousand dollars ($10,000) shall include the provisions in the following:

(1) During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, age, disability or any other basis prohibited by state law relating to discrimination in employment, 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.

b. 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.

c. 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.

(2) The contractor will include the provisions of the foregoing paragraphs a, b, and c in every subcontract or purchase order of over ten thousand dollars ($10,000) so that the provisions will be binding upon each subcontractor or vendor.

(g) Faith-based clause. This public body does not discriminate against faith-based
organizations in accordance with the Code of Virginia Section 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

Sec. 20-20. Legal review of certain contracts.

All contracts for in excess of fifty thousand dollars ($50,000) or more twenty-five thousand dollars ($25,000) shall be reviewed by the county attorney's office, prior to award of the contract, except where the contract is a lawful renewal of an existing

contract to which there has been no material change. The County Attorney shall review nonstandard contracts at any amount.

Sec. 20-21. Execution of contracts.

(a) Contracts for twenty thousand dollars ($20,000) or less which may be entered into by a using department under this chapter shall be executed by the director of the using department, or his principal deputy, and by no other person, if authorized by the county administrator.

(b) The county administrator is authorized to execute contracts less than of one hundred thousand dollars ($100,000) or less subject to purchasing guidelines and subject to the approved budget and appropriated funds.

(c) Contracts which are to be entered into directly by the board of supervisors may be signed by the county administrator or his designee.

(d) Contracts which may be entered into directly by the central purchasing division shall be executed by the purchasing officer or such other person as the finance director may direct.

Sec. 20-22. Contract administration.

(a) The using department shall, unless the finance director shall otherwise direct, inspect and approve or disapprove all deliveries under contracts and the performance thereunder. Discrepancies in deliveries or in the performance of the contract shall initially be brought to the attention of the vendor by the using department. The using department shall also promptly notify the purchasing officer of any such discrepancy. Failure to satisfactorily resolve any deficiency that has been identified shall be brought to the attention of the purchasing officer, who shall institute formal complaint with the vendor. If satisfaction is still not forthcoming, the finance director shall contact the county attorney for further proceedings.

(b) Notwithstanding any other provision of this chapter, the board of supervisors may specifically provide for separate contract administration in construction contracts.

Sec. 20-23. Central stores revolving fund.

The county administrator may provide a central stores revolving fund, in such amount as he may determine from time to time, to finance the purchase, storage and issuance of standard supplies, for the convenience of the county. Such fund shall be administered by the finance director director of public services and he shall be responsible for the actual operation of such fund. The county administrator may include rules in the purchasing manual with respect to such fund.

Sec. 20-24. Blanket purchase agreements and purchase orders.

(a) Blanket purchase agreements are requirements-type contracts for supplies which are regularly required by using departments only on an as-needed basis and which supplies are not readily available from central stores.

(b) The finance director may determine those supplies which may reasonably be acquired by the county on such contracts for the use of one or more using departments and may require any or all using departments to obtain such supplies by requisitions filed against such uniform blanket purchase orders.

(c) The county administrator is authorized to promulgate such rules as may be necessary to account for the cumulation of funds among several using departments for application against a uniform blanket purchase order.

(d) Blanket purchase agreements shall be instituted on an annual basis, unless the finance director shall authorize a shorter term, and any such blanket purchase agreement shall be subject to the requirements for bidding which are applicable to the reasonable estimated value of such agreement.

(e) No blanket purchase agreement shall be of itself construed to constitute a contract with the vendor for the full estimated amount of the annual agreement, and a contractual obligation shall exist with any vendor only to the extent that requisitions shall have actually been made against such agreement.

(f) It shall be the responsibility of the head of the using department to ensure that no unauthorized purchases are made against any properly awarded blanket purchase agreement, and he shall report any unauthorized purchase to the finance director, in accordance with this chapter.

Sec. 20-25. Procurements of less than two thousand five hundred dollars ($2,500).

Procurements of less than two thousand five hundred dollars ($2,500) shall be made directly by the using department purchasing officer, after having made such reasonable investigation into price and other terms as may be necessary to protect the interests of the county.

Sec. 20-26. Procurements from state penitentiary or pursuant to joint purchasing agreements.

Procurements of supplies from the state penitentiary or through state, federal, council of governments or other political jurisdiction bids, or any other source with which the county has entered or shall enter a joint purchasing agreement, shall be exempt from the competitive bidding requirements of this chapter; provided, that other provisions of this chapter shall apply where otherwise appropriate.

Sec. 20-27. Sole source procurements.

Sole source procurements shall be exempt from the regulations of this chapter for competitive bidding. Where services or supplies are only available from a single source, because of legal requirements, specific patents or copyrights, peculiar qualifications and skills, technical specifications or other reasons, the finance director may obtain such supplies or services from the sole source. It shall be the responsibility of the using department to justify the need for sole source procurement. Upon a determination in writing from the using department that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. The writing shall document the basis for this determination. The finance director shall issue a written notice stating that only one source was determined to be practicably available, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted in a designated public area or published in a newspaper of general circulation on the day the board of supervisors awards or announces its decision to award the contract, whichever occurs first. The finance director or his designee is authorized to enter into direct negotiations with the sole source supplier to obtain such terms and conditions as he may determine to be in the best interest of the county. He shall, at the outset of such negotiations, set detailed cost and price objectives, and shall maintain a record of negotiations with the sole source supplier.

Sec. 20-28. Purchases for special police work.

Purchases for special police work shall be exempt from the regulations of this chapter governing competitive bidding. When the sheriff certifies to the finance director that any items are needed for special police work, including undercover police operations, the finance director may procure the needed items without competitive bidding.

Sec. 20-29. Emergency procurements generally.

(a) Emergency procurements shall be exempt from the regulations of this chapter for competitive bidding.

(b) For the purposes of this chapter, an emergency shall be deemed to exist when there is a breakdown in any county service or any time that supplies are needed for immediate use in work which may be essential to, or may vitally affect, the public health, safety or general welfare. An emergency may include work undertaken under court order or in anticipation of court order.

( c) If an emergency occurs during office hours, the using department shall notify the purchasing officer and he shall either procure supplies or services directly or authorize the using department to do so.

(d) If an emergency occurs after office hours, the using department shall procure necessary supplies or services. The head of the using department shall forward a requisition to the central purchasing division, within seventy-two (72) hours after the emergency situation, together with a written justification for the procurement and a copy of the delivery record.

(e) The head of the using department shall initially determine in writing whether an emergency exists which justifies the application of these provisions, and shall make a written determination of the basis for the emergency and for the selection of the particular contractor. The purchasing officer shall issue a written notice stating that the contract is being awarded on an emergency basis, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted in a designated public area or published in a newspaper of general circulation on the day the board awards or announces its decision to award the contract, whichever occurs first, or as soon thereafter as is practicable. If, upon subsequent review, the finance director personally determines that no emergency actually existed, he shall proceed under the regulations pertaining to unauthorized procurements. Prior authorization for emergency procurements shall be obtained from the finance director personally whenever possible.

Sec. 20-30. Confirming orders for emergency procurements.

When any using department makes an emergency procurement, it shall execute a confirming requisition., bearing in plain letters thereon the words "CONFIRMING ORDER". Such requisitions orders shall be forwarded directly to the purchasing department finance director for review and processing payment.

Sec. 20-31. Review and payment of demands on open accounts, etc.

Demands for payment made on open accounts for supplies, services or construction or emergency procurements, for which contracts have previously been awarded, shall be forwarded directly to the finance director for review and payment.

Sec. 20-32. Public inspection of procurement records.

(a) 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.

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

(c) 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 and to reopen the contract. Otherwise, bid and proposal records shall be open to public inspection only after award of the contract.

(d) Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records.

(e) Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction or prequalification application submitted pursuant to the Virginia Public Procurement Act, subsection of B § 2.2-4317,(B) 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 subsection 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. 20-33. Sale, transfer or other disposal of property.

(a) The finance director is authorized to sell, trade, transfer or otherwise dispose of any property which is the property of the board of supervisors and is determined to be surplus either to the using department or the county generally.

(b) The using department shall be required to certify what of its property is surplus to it and may be disposed of. The finance director shall determine whether such property is surplus to the county generally. Such determination shall be final. The using department shall be responsible for the storage, maintenance and safekeeping of all supplies in its charge, including surplus property, and for the transportation of surplus property to the site of sale or other disposal.

(c) The finance director may authorize any using department to sell any property certified to be surplus to the county generally; provided that any such sale shall be consistent with this section.

(d) When the head of the using department certifies to the finance director that any property is irreparable or unsalvageable, and that the costs of storage are excessive, and that such property could not be sold for sufficient funds to cover the costs of storage or other disposal, upon receipt of written authorization from the finance director, the head of the using department may cause such property to be transported to the county landfill for disposal. The head of the using department shall make and keep, for not less than two (2) years, a complete written record of all such dispositions of property.

(e) The county administrator may promulgate additional rules in the purchasing manual governing in-house transfers and trades not inconsistent with this section.

(f) Sales of surplus property deemed by the finance director to be worth more than five thousand dollars ($5,000) shall be by electronic auction, competitive verbal bids, at public auction or by other method. The finance director shall determine which method is likely to obtain the highest price in each case or class of cases, and his decision shall be final.

(g) Property that has been certified by the head of the using department as surplus may be used for trade-in value in connection with any procurement, provided that, if the procurement is required by this chapter to be by competitive bids, the bidder shall be required to state the value that he assigns the property to be traded in as a part of his bid, and to provide prices both with and without trade-in.

(h) Whenever any person acquires county property disposed of pursuant to this section, and is required to remove the property from premises owned by the county, such person shall execute a written agreement to indemnify and hold the county harmless from any and all liability which may be incurred during removal. Such person shall provide the finance director with evidence of the existence of liability insurance covering the risks potentially involved and, if required by law, workmen's workers’ compensation insurance.

ARTICLE II. COMPETITIVE BIDDING

Sec. 20-46. General requirements for procurements of twenty-five thousand dollars ($25,000) or more.

All procurements of supplies and services estimated to be twenty-five thousand dollars ($25,000) or more shall be made on the basis of sealed competitive bids, except as otherwise provided in this chapter. The finance director shall solicit bids from prospective contractors by mailing them invitations for bids prepared as provided in this article, by posting a copy of the invitation for bids on a bulletin board at the central purchasing office and, where required by law or policy of the board of supervisors, or where deemed appropriate by the finance director, by publication of a notice of invitation for bids in a newspaper of general circulation in the county or elsewhere. The finance director may advertise the bid by means of professional or trade publications. All notices shall be designed and intended to obtain as many bidders reasonably able to meet the specifications as possible, but no procurement shall be subject to challenge solely on the ground that a qualified bidder was not solicited. The finance director may require the using department to identify potential bidders for receipt of notice in accordance with this section.

Sec. 20-47. General requirements for procurements less than $25,000, but more than $5,000 for two-thousand five hundred dollars ($2,500) or more but less than twenty-five thousand dollars ($25,000).

(a) Procurements of supplies or services estimated to cost more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000), may be made by the finance director in the open market, without sealed bids. Except as otherwise provided in this chapter, the director shall solicit no fewer than three (3) written quotes for such supplies or contractual services by mail, by fax, by electronic mail or by other public notice. The finance director shall maintain a public record of all bids solicited and all quotes received, and shall indicate in such records which quote was accepted.

(a) Procurements of supplies or services estimated to cost two thousand five hundred dollars ($2,500) or more, but less than five thousand dollars ($5,000), may be made by the department director in the open market, without sealed bids. The department director shall solicit no fewer than three (3) verbal quotes for such supplies or contractual services by mail, telephone, electronic mail, and fax or by other public notice. The department director shall maintain a public record of all quotes received, and shall indicate such records which quote was accepted. Any quote in excess of five thousand dollars ($5,000) shall be confirmed in writing by the bidder as soon as possible.

(b) Procurements of supplies or services estimated to cost more than two thousand five hundred dollars ($2,500) but less than five thousand dollars ($5,000) may be made by the finance director in the open market, without sealed bids. The director shall solicit no fewer than three (3) verbal quotes for such supplies or contractual services by mail, telephone, electronic mail, and fax or by other public notice. The finance director shall maintain a public record of all quotes received, and shall indicate such records which quote was accepted. Any quote in excess of five thousand dollars ($5,000) shall be confirmed in writing by the bidder as soon as possible, but in any event before the contract shall have been executed.

(b) Procurements of supplies or services estimated to cost five thousand dollars ($5,000) or more, but less than twenty-five thousand dollars ($25,000), may be made by the department director in the open market, without sealed bids. Except as otherwise provided in this chapter, the department director shall solicit no fewer than three (3) written quotes for such supplies or contractual services by mail, by fax, by electronic mail or by other public notice. The department director shall maintain a public record of all quotes solicited and all quotes received, and shall indicate in such records which quote was accepted.

Sec. 20-48. Exemptions generally.

(a) Notwithstanding any other provision of this chapter, the items listed in this section are exempt from the requirements of competitive bidding, but shall comply with other provisions of this chapter. They may be solicited and contracted for by the finance
director as he shall deem appropriate. The list of exempt items may be amended by the board of supervisors whenever it deems it appropriate. The finance director, may, however, elect to comply with any or all of the requirements for competitive bidding for the items listed in this section.

(b) The exempt items and categories of items are as follows:

(1) Advertising.

(2) Auction fees.

(2) (3) Audit fees.

(3) (4) Bank service charges.

(4) (5) Books, manuscripts and pamphlets.

(5) (6) Care, search and housing of prisoners.

(6) (7) Costs of litigation, Legal services, including, but not limited to, court
costs, witness fees (lay and expert), transcripts, court reporters, exhibits and the like, jury verdicts and settlements.

(7) (8) Dues, subscriptions and publications, Dunn & Bradstreet reports.

(8) (9) Educational films.

(9) (10) Freight charges.

(10) (11) Self-insurance claims.

(11) (12) Inspection fees and costs.

(12) (13) Perishable foodstuffs.

(13) (14) Prescriptions/medicines.

(15) Printing.

(14) (16) Service and maintenance agreements.

(17) Surveyors.

(18) Telephone and telegraph service (standard not custom).

(15) (19) Travel, room and board and related fees.

(16) (20) Tuition and training.

(17) (21) Utility services.

(c) Notwithstanding that any item may be exempt from competitive bidding as a consequence of this section, any expenditure greater than one hundred thousand dollars ($100,000) or more for such item must be approved by the board of supervisors, unless such procurement has been previously approved by the board in connection with the annual budget process or in the case of emergencies.

Sec. 20-49. Preparation and contents of invitation for bids; equal brand
provisions.

(a) Competitive bids, where required, shall be solicited by invitations for bids which shall be prepared by the finance director, with such assistance from the using department as he shall require. Invitations for bids shall be comprised generally of an invitation, instructions to bidders, plans and specifications for the supplies or services desired and proposed contracts. They may include such other information as the finance director deems appropriate and necessary.

(b) Invitations for bids and specifications for all supplies or services shall include the following provisions relating to equal brand products other than those which may be set forth by name or other clear identification in the specifications:

(1) The name of a certain brand, make, manufacturer or definite specifications is to denote the quality standard of article desired, but does not restrict bidders to the specific brand, make, manufacturer or specification named; it is to set forth and convey to prospective bidders the general style, type, character and quality of article desired, and

(2) Wherever in specifications or contract documents a particular brand, make of material, device or equipment is shown or specified, such brand, make of material, device or equipment shall be regarded merely as a standard. Any other brand, make of material, device or equipment which is recognized as the equal of that specified, considering quality, workmanship and economy of operation, and is suitable for the purpose intended, shall be considered responsive to the specifications.

Sec. 20-50. Cancellation of invitation for bids.

Any invitation for bids or other solicitation may be canceled when the finance director determines that it is in the best interests of the county to do so. The reasons therefor shall be made a part of the record in the matter.

Sec. 20-51. Prequalification of prospective contractors.

(a) The finance director is authorized to prequalify prospective contractors prior to any solicitation of bids, whether for supplies, services, insurance, or construction, by requiring prospective contractors to submit such information as the director shall deem appropriate, including samples, financial reports and references; provided, however, that opportunity to prequalify shall be given to any prospective contractor who has not been suspended or debarred under this chapter.

(b) The finance director 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 director shall be final.

(c) In considering any request for prequalification, the finance director shall determine whether there is reason to believe that the prospective contractor possesses the management, financial soundness and history of performance which indicate apparent ability to successfully to complete the plans and specifications of the invitation for bids. The finance director may employ standard forms designed to elicit necessary information or may design other forms for the purpose.

(d) Prequalification of a prospective contractor shall not constitute a conclusive determination that the prospective contractor is responsible and such contractor may be rejected as nonresponsible on the basis of subsequently discovered information.

(e) Failure of a prospective contractor to prequalify with respect to a given procurement shall not bar the contractor from seeking prequalification as to future procurements or from bidding on procurements which do not require prequalification.

Sec. 20-52. Submission of sealed bids.

Written sealed bids, where required by this chapter, shall be returned to the finance director. Bid submission may be in any sealed envelope which is clearly identified by project or procurement name, the name of the bidder, the due date and time of bid opening, and which further states plainly that the envelope is not to be opened prior to bid opening. Should any bid be received which is not so identified, the bidder assumes the risk that the submission will be opened prior to bid opening. Bids so opened shall be disqualified.

Sec. 20-53. Alternate bids.

Any bidder may submit a bid which he knows varies materially from the specifications. Such bid shall be clearly labeled as an ALTERNATE BID and may be provided in addition to, or in lieu of, a responsive bid. Such bids may be accepted only where no responsive bid is received and only when the alternate bid is in substantial compliance with the specifications.

Sec. 20-54. Bidder’s certification as to price.

All bidders may be required to certify, in writing at the time of bid, that the price being offered to the county in connection with the particular solicitation is the price offered to the bidder’s most favored customers.

Sec. 20-55. Rejection of bids.

The finance director may reject any or all bids.

Sec. 20-56. Opening of bids.

Bids shall be opened publicly in the presence of one or more witnesses, at the time and place designated in the invitation for bids or any amendment thereto. Bids which are received after the time designated shall not be opened or considered.

Sec. 20-57. Withdrawal of bid after opening.

(a) Any bidder for supplies, services or construction 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. If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was 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 shall 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. The finance director shall require, and so state in the invitation for bids, the following procedure for withdrawal of a bid:

(1) The bidder must give notice in writing of his claim of right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

(2) No bid may be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent (5%).

(3) If a bid is withdrawn under this section, the lowest remaining bid shall be deemed to be the low bid.

(4) 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 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, without the approval of the finance director. The person or firm to whom the contract was awarded and the withdrawing bidder are jointly liable to the county in an amount equal to any compensation paid to, or for the benefit of, the withdrawing bidder without such approval.

(b) The finance director may contest withdrawal of any bid by any means provided by law.

Sec. 20-58. Evaluation of bids.

Bids shall be evaluated on the basis of requirements which may be set forth in the invitation for bids and which may include criteria to determine acceptability as to
inspection, testing, quality, workmanship, delivery and suitability for a particular purpose.

Sec. 20-59. Waiver of bid informalities.

The finance director may waive any informality in any bid; provided, however, that bids or amendments thereto which are received after the time specified for the opening of bids will neither be opened nor considered.
Sec. 20-60. Award of contract generally.

(a) All procurements of supplies or services which are subject to the competitive bidding requirements set forth in this article shall be unconditionally awarded to the lowest responsive and responsible bidder, without alteration or correction, by the finance director, except where authority to award or reject is given to some other person or reserved to the board of supervisors, or where only alternate bids are received and handled in accordance with section 20-53.

(b) The contract shall be awarded with reasonable promptness by written notice to the successful bidder. Nothing herein shall prevent the finance director from giving notice of intention to award to the apparently successful bidder, but such notice shall not constitute award.

Sec. 20-61. Procedure when only one responsive and responsible bid received.

In the event that only one responsive and responsible bid is received for supplies or services which require solicitation of sealed bids, the invitation for bids may be canceled and the items rebid, unless the finance director determines that the price bid is reasonable and in the best interests of the county, on the basis of price comparison, value analysis, prior price history, an engineering estimate or other method which establishes the reasonableness of the price bid. When the finance director personally determines that the above methods of establishing price reasonableness are not feasible, he may authorize his agents to enter into negotiations with the single responsible and responsive bidder. Such negotiations shall consist of detailed discussions with regard to the cost of labor, materials, overhead and profit. The finance director shall establish a detailed cost/price objective which he determines to be in the best interests of the county, prior to the initiation of any negotiations. Any bidder who is party to such negotiations shall be required to certify that his price proposal is complete, current and accurate prior to the initiation of such negotiations. A record of negotiations shall be prepared upon the completion thereof, which shall detail the most significant considerations which resulted in the agreed upon contract price.

Sec. 20-62. Tie bids.

(a) In the case of a tie bid, preference shall be given to goods, services and construction produced in Virginia or provided by Virginia persons, firms or corporations, if such a choice is available; otherwise the tie shall be decided by lot.

(b) Whenever any bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a preference, a like preference may be allowed to the lowest responsible bidder who is a resident of Virginia.

(c) Notwithstanding the provisions of subsections (a) and (b), in the case of a tie bid in instances where goods are being offered, and existing price preferences have already been taken into account, preference shall be given to the bidder whose goods contain the greatest amount of recycled content.

Sec. 20-63. Negotiations with successful bidder.

No negotiations may be entered into with an apparently successful bidder with respect to any contractual term or condition which would constitute a material change in the specifications or the contract price.

Sec. 20-64. Record of bids.

Each bid received, with the name of the bidder, shall be entered on a record and each successful bidder shall be specifically noted on such record after the award of the contract.

Sec. 20-65. Protest of award--Generally.

(a) Any bidder or offeror may protest the award of, or the decision to award, a contract to any other bidder or offeror, by submitting a written protest to the finance director within the times specified in this section.

(b) No protest shall lie for any claim that the selected bidder or offeror is not a responsible bidder or offeror, except as provided in section 2.2-4359 of the Code of Virginia, nor shall any protest lie for any matter which the finance director determines could reasonably have been ascertained prior to the time set for the opening of bids or proposals, unless such protest shall have been filed in writing not less than ten (10) working days prior to such time.

(c) Any protest, other than one required to be made before the opening of bids or proposals, shall be filed not later than ten (10) calendar days after the award or decision to award the contract to the successful bidder or offeror is publicly posted.

(d) Any protest shall state in detail the basis therefor and the specific relief requested.

(e) The finance director shall inform the county attorney's office of the receipt of any protest and shall provide all relevant information and documentation.

(f) The finance director shall personally decide all protests within ten (10) days of receipt thereof, and shall issue written findings as provided in this article. His decision shall be final, unless appealed within ten (10) days to the county administrator. The county administrator shall conduct a hearing conforming to the requirements of section 2.2-4365 of the Code of Virginia. The decision of the county administrator shall be final unless appealed to the circuit court of the county within thirty (30) days of receipt of the written decision.

(g) Any potential bidder or offeror on a contractor negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit such protest in the same manner no later than ten (10) days after posting or publication of the notice of such contract as provided in section 20-29.

Sec. 20-65.1. Legal actions.

(a) A bidder or offeror, actual or prospective perspective, who is refused permission or disqualified from participation 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 not an honest exercise of discretion, but rather was arbitrary or capricious or not in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms or conditions of the Invitation to Bid.

(b) A bidder denied withdrawal of a bid under this chapter may bring an action in the appropriate circuit court challenging that decision, which shall be reversed only if the bidder establishes that the decision of Stafford County was not an honest exercise of discretion, but rather was arbitrary or capricious or not in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms or conditions of the Invitation to Bid.

(c) A bidder, offeror, or contractor, or a potential bidder or offeror on a contract negotiated on a sole source or emergency basis in the manner provided, whose protest of an award or decision to award is denied, may bring an action in the appropriate circuit court challenging a proposed award or the award of a contract, within ten (10) days, which shall be reversed only if the petitioner establishes that the proposed award or the award is not an honest exercise of discretion, but rather is arbitrary or capricious or not in accordance with the Constitution of Virginia, statutes, regulations, ordinances or the terms and conditions of the Invitation to Bid or Request for Proposal.

(d) If injunctive relief is granted, the court, upon request of Stafford County, shall require the posting of reasonable security to protect Stafford County.

(e) A contractor may bring an action involving a contract dispute with Stafford County in the appropriate circuit court.

(f) A bidder, offeror or contractor need not utilize administrative procedures meeting the standards of this Code, if available, but if those procedures are invoked by the bidder, offeror, or contractor, the procedures shall be exhausted prior to instituting legal action concerning the same procurement transaction unless the county agrees otherwise.

(g) Nothing herein shall be construed to prevent the county from instituting legal action against a contractor.

Sec. 20-66. Same--Remedies.

(a) In the event that the finance director determines that a decision to award a contract is arbitrary or capricious, prior to the award of a contract, then the sole relief shall be a finding to that effect and he may cancel the proposed award or revise it to comply with law.

(b) In the event that the finance director makes the determination required in subsection (a) of this section after a contract has been awarded, the sole remedy shall be
a finding to that effect and relief as provided in section 2.2-4360 of the Code of Virginia. In no case may the protester be awarded anticipated profits or the costs or expenses of protest or appeal of any decision to the courts.

(c) In the event that the finance director determines that a protest filed under section 20-65(b) of this article is well-founded, he may cancel the solicitation or revise it to comply with law.

(d) The validity of any contract awarded in good faith in accordance with this chapter shall not be affected by any protest or appeal, and award of a contract need not be delayed for the period during which a bidder or offeror may protest; provided that, in the event of a timely protest, no award shall be made unless the finance director personally determines that it is necessary to proceed to award without delay to protect the public interest, or unless the bid or offer would otherwise expire.

Sec. 20-67. Bid bonds.

The finance director may is authorized, to require that each bidder on a competitively bid procurement for supplies or , services or construction in excess of for one hundred thousand dollars ($100,000) or more shall submit, with his bid, a certified check, payable to the county, for a sum not to exceed five (5) percent (5%) of the bid total, as a guarantee that the bidder will enter into a contract for the supplies or services sought should he be awarded the contract. In lieu of a certified check, it