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Home My WebLink Aboutbocc.res.037.1982 i-y��S.4� . � t t,M1'�'''�' , ��;y;z�� n�r�1 �� i��E' �-_ . <++r� . eA f� ;.!` �y -,.,.f , . ..' .1{�t�� gti''�r q��•�F� � v,�eiNi. "� �47"A24 �y�� '3�5Ny�+4�i�t ' ��.s� 5"3�ti ��i��Y .�'��_�l�L .4 �_�sL'`f�� .'' .� y�a- �6Gt��'�SE`!�n? �'t . � �3��'�'.'.• ��:�,:�� . . ��=`I RESOLUTION Of THE BOARD OF COUNTY ��i r;':, COMMISSIONERS OF PITKIN COUNTY, COLORADO ,�r ADOP7ING A PROCUREMENT CODE AS �� REQUIRED BY SECTION 8.5 OF THE k PITKIN COUNTY HOME RULE CHARTER `i Resol uti on # 82- 37 `; . �. . .--�� k-^ i=; �� WHEREAS, Section 8.5 of the Pitkin County Home Rule Charter requires that ,. the Board of County Cortmissioners adopt; by resolution, procedures for payment of County '� obligations, and for competitive bidding, and negotiating contracts not let for bid, .� �: ; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado, that the attached Pitkin County Procurement Code be and hereby is � adopted. BE IT FURTHER RESOLVED that this resolution and the attached code be published ;y; by title and short outline as provided by Section 2.8.1.3 of the Pitkin County Home Rule M,'�, ,.,- i�,. Charter. E �' � ��+ Approved by the Board of County Commissioners of Pitkin County, Colorado, at their regu7ar meeting held April 12, 1982. . .. �� x '� ATTES7: BOARD OF COUNTY COMMISSIONERS ;;' i�;;� Q _ PITKIN COUN Y, COLORADO - *� �/J�/I(\. �( 1 j' ;.; �V N,�`�.r - 1 LEW SCANLAN N I IN KLA DERUD - DEPUTY COUNTY CLERK CHAIRWOP N '' APPROVED AS TO FORM: ''� � ,:� .��!1�%��`� � SANDRA M. STULLER !�� COUNTY ATTORNEY �' ,�` � ! ' r;,: ` ;,_' � �c.�iiLx" . . ^�.ff�: , � .;�.fi",,,,•. . . .�', � • . . .. . . �.,��_ . . ... _ ...-, .�..F 'M?� �. �'�0 �' '��.. j � t}"� °-�-..'�/ve �ti'i�vJ � ,+silJ..rt�`sW�/i.-'�'� 'n�cY'..�'wa?4�'+�r.;M�i:v...s'ii't►.fltGr�-t^�We tV'x:1-.S!��>.�:tvnu vr..�.'wa.:i:t::•n�.f��,y.,,�_..._..L111:i::.".di�}�.._..ni: �v..w�in,�. } �' . - ' ��'� - �, �, PITKIN COUNTY PROCUR[t4ENT CODE �•~�°"�` ' ij j'. [��'� ARTICLE 1 - GENERAL PROVISIONS �� • Part A - Purpuses, COnstruction, and Appiication €;`; • �� ;±i 1-101 PURPOSES, RULES OF CONSTRUCTION t.,. �� (1) Interpretation. This code shall be construed and applied to promote its underlying ` �`" purposes and policies. . r.::� �� ; (2) Purqoses and Policies. The underlying purposes and policies of this Code are: .�ri �A (a) to simplify, clarify, and modernize the law governing procurement by this � �� County; � (b) to permit the continued development of procurement policies and practices; �� (c} to provide for increased publ9c confidence in the procedures followed in � "� public procurement; , �.� (d) to ensure the fair and equitable treatment of all persons who deal with the �, procurement system of this County; �a? (e) to provide increased economy in County procurement activities and to maximize �s, to the ful7est extent practicable the purchasing value of public funds of the �:: County; ' F:' K.i (f) to foster effective broad-based competition within the free enterprise system; ,;� and •,,�: ��, (g) to provide safeguards for the maintenance of a procurement system of quality � �?. "` and integrity. ' I �'�"� �°,:. : � (3j Sin4ular-Plural and Gender- Ru7es. In this Code, un7ess the context requires otherwise � ��,-� (a) words in the singular number inciude the plural, and those in the p7ural include; the singular; and , ��;� (b) words of a particular gender include any gender and the neuter, and when the k�: sense so indicates, words of the neuter gender may refer to any 9ender. ''i"�`� 1-102 REQUIREMENT OF GOOD FAITH 6'ti:: ' This code requires all parties involved in the negotiation, performance, or administratioq t' of County contracts to act in good faith. , � 1-103 APPLICATION OF THIS CODE �i p�:; (1) General Aaalication. This Code applies only to contracts solicited or entered into �° after the effective date of this Code unless the parties agree to its application to a contract ' solicited or entered into prior to the effective date. �,' y. ° � (2) Apolication to Countv Procurement. This code shall apply to every expenditure of �" pu6lic funds irrespective of their source, including federai assistance monies, by this County, acting through a governmenta7 body as defined herein, under any contract, except that this Code .; �'� shall not apply to either grants or contracts betr�een the County and other governments. It shaii f also apply to the dispasal of County supplies. PJothing in this Code or in regulations promulgated? j hereunder shall prevent any governmental body from complying with the terms and conditions of �' any grant, gift, bequest, or cooperative agreement. � 1-104 SEVERABILITY � ��.;�. If any provision of ihis Code or any application thereof to any person or circumstances �,;;� �;; is held invalid, such inValidity shall not affect other provisions or application of this Code ,;;•�..:_ > which can be given effect without the invalid provision or application, and to this end the provisions of this Code are declared to be severable, t 1-105 CONSTRUCTION AGAINST IMPLICIT REPEALER � Since this Code is a general act, no part of it shall be deemed to be impliedly repealed � by subsequent legislation if such construction of the subsequent legislation can be reasonably f:. ' x avoided. ' li • �. ;: �� -1- ' �; �� :..��r�;� � `.�,,�y', � . . "'t }y 1 11 _},.,� t ''� -. . . � 1 �i��';4� �I/) F�7 t`�.�Y i P tP_1v`f.*+'+"! i l 4 �.y4K \3 S.��'��Z Y��,.�h 1��4�-�< \ � �f� {x ' � fy�a�•y t . �w:x � �1��} �Yr'��,�y.'��1c�. d;. yz�1,.F.ii�''�i �d��" "� ,f�r=..:.�.,2.e6.;t+(�ii k 1 .. ;\:�Y• 2��.1: ��,{ .�r� ��4 I.. . . .. . ,++�i�.lx .3::�R0.N. r3.�1e �(dh+tY:haciFa�Mlx�dar.xlS�J.A�rFfJmr/LU r � � ....�JJS�:B�ttuc..._.�,�t.kL�i� Sti G�Y? ' �.�'„ � , 1-106 EFFECTIVE DP,TE ' r'=`�; This code §hall become effective at 12:01 A.M. •on April 13, 1982. r'_�� `� .,_. . �;,,� �a�•� 6 - Determinations ��'I 1-201 DETERMINATIONS x� �.;;; ,�� Written determinations required by this Code shall be retained in the appropriate officiai�., •' �:;� contract file of the Finance Department or the Purchasing Agency. �`� � :, �.� xT Part C - Defin;tions of Terms Used in this Code �,"�. `.,;; 1-301 DEFINITIONS k: The words defined in this Section sha11 have the meanings set forth below whenever they :�: . appear in this Code, unless: r-;; �;:;: t �:�1 (a) the context in which they are used clearly requires a different meaning; or � (b) a different defin5tion is prescribed for a particular Article or provision. �r; �' (1) Business means any corporation, partnership, individual, sole proprietorship, joint ��. stock company, joint venture, or any otFier private legal entity. �,;;� s'rv (2) Change Order means a written order signed by the Procurement Officer, directing the ,r: .�' contractor to make changes which the Changes clause of the contract authorizes the Procurement �'� Officer to order without the consent of the contractor. � �,�.� �", h:;: {3) Department Head means any person elected or appointed to direct tfie operations of any purchasing agency of the County. '� �'�" (4) Construction means the process of building, a7tering, repairing, improving, or 4:; , �;;: demolishing any public structure or building, or other public improvements of any k9nd to any �:;� public real property. It does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property. i-,�;;, , "`=' (5) Contract means a11 types of County agreements, regardless of what they may be called, ; �i - for the procurement or disposal of supplies, services, or construction. =: {6) Contract Modification means any written alteration in specifications, delivery point, ' �,_' rate of delivery, period of performance, price, quantity, or other provisions of any contract _ �;; accomplished by mutual action of the parties to the contract. ;``� (7} Contractor means any person having a contract with a governmental body. ,� (8) Data means recorded information, regardless of form or characteristic. tt- • (9) Designee means a duly authorized representative of a person holding a superior 4 � position. � . • . {10) Employee means an individual drawing a salary from the governmental body, whether �, elected or not, and any noncompensated individual performing a personal service for any � governmental body. +� '� � (11) Governmental Body means any department, commission, council, board, hureau, co�nittee,� ; .�� institution, legislative body, agency, government corporation, or other estabiishment or official ;��;, of the executive, legislative, or judicial branch of this County. �" .__ � (!2) Grant means the furnishing by the County of assistance, whether financial or otherwise j to any person to support a program authorized by law. It does not include an award whose primary , purpose is to procure an end product, whether in the form of supplies, services, or construction; ` a contract resulting from such an award is not a grant 6ut a procurement contract. (13) M� denates the permissive. (14) Person means any business, individual, union, committee, club, other organization, or '> group of individuals. • `3 _21 i �,�f..y� � . �}.\ , - ��y'1�''c. . w.� �� S yV 1I� 5 .-f....-s.�..Ji��S�j'�.:.a�..i1�JY'�.1.'��s..M��.n;�.'il.ee.�t��.tl,i..�.iil-�.��i.dt`.A�t.�>.f.��Y�w�F�4�4-., ,�„�'�"�d�3r��F�,��S:..,.Dit�si�,,X�i�e��C�C a}ti•... . 1., f.s . t'„�r^, �'i:;:�•�: .. w' . � (15) Procureinent means buying, purchasing, rentin9, leasing, or otherwise acquiring �� any supplies, services, or construction. it also includes all functions that�perta9n 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. + :� �;,, (16) Procurement Officer means any person duly ai�thorized to enter into arid administer . fW; contracts an ma e written determinations with respect thereto. The term also includes an 7s� authorized representative acting within the limits of authority. s�Y (17) Purchasin AgencV means any governmental body which is authorized by this Code or its;�. � � implementing regulat�ons, or by way of de�egation, to enter into cnntracts. 4� (18) Regulation means a governmental body's statement, havinq general or particular j'•'�, �; applicability and future effect, designed to implement, interpert, or prescribe iaw or policy, r g; or describing organization, procedure, or practice requirements. �. �? (19) Services mean the furnishing of labor, time, or effort by a contractor, not involving �� the delivery of a specific end product otfier than reports which are merely incidental to the required performance. This term shall not include employment agreements or coilective bargaining� n� agreements. ,�� (20) Shall denotes the imperative. i � (21) Su lies means all property, including 6ut not limited to equipment, materiais, a� printing, insurance, and leases of real property, excluding land or permanent interest in land. ��• y� (22) Using Agency means any governmertal body of the County which utilizes any supplies, ; -;,� :�' services, or construction procured under this Code. �;. :� � Part D - Public Access � �:� � � �,�:^� 1-401 PUBLIC ACCESS TO PROCUREMENT INFORMATIQN „ !';� Procurement information shall be a public record to the extent provided by law and shall : � be available to the public as proviced by �aw. 'j�; . ': � �' ARTICLE 2 - PROCUREMENT ORGANIZATION �t Part A - Finance Department � t �� 2-101 AUTHORITY AND DUTTES OF THE FINANCE DEPARTMENT x� Except as otherwise provided in this Code, the Finance Department shall have the authorit �; and responsibility to promuigate regulations, consistent with this Code, governing the procuremen'� ;� management, control, and disposal of any and all supplies, services, and construction to be procured by the County. No regulation shall change any cortrnitment, right, or obligation of the County or of a contractor under a contract in existence on the effective date of such regulation.�" The'Finance aepartment sha17 consider and decide matters of policy within the provisions of this :� Code including those referred to it by department heads. 'The Finance Department shall have the � power to audit and monitor tfie implementation of its regulations and the requiremertts of this : Code, but.shall not exercise authority over the award or admi.nistration of any particular contrac� or over any dispute, claim, or litigation pertaining thereto. , � �=;�`:; Part B - Department Heads �;;�� ;,, �.:: . r:., .:.• `: V ' 2-201 • AUTHORITY OF DEPARTMENT HEADS d (1) principal Contractin4 Officers of the Countv. The department heads shall serve as ' the procurement officers of the County. � (2) Duties. Except as otherwise specifically provided in this Code, the department heads� • shall in accordance with regulations promulgated by the Finance Department: (a) procure or supervise the procurement of a17 supplies,.services, and constructio� needed by the County; � (b) exercise generai supervision and control over all inventories of supplies } belonging to the County; � (c) sell, trade, or otherwise dispos��of surplus supplies belonging to the County; ; and ; (d) establish and rtiaintain pro9rams for the inspection, testing, and acceptance of � •, • • supplies; services, and constr•ucti•orr. • • •• � • • • ,;. -3- t' � ..__..._......i ._ ..rrtiw�■.ru .. ... . . . . . ..... ..... .. . . . . ';,$�i_. , :;ah,.� ' `,2 .,, _ . - r -t�� i �s � . . < r �-�'Jd' �� t��i: n v ' �s �ur 1 f�T"eT{ #",�' �a,��` � �l" wc,�5 r,2F �r.� y� ( '�rC .c i�:;x��r,' r �v�'�'Sd' �: W , ,�ac�b v� t�a a;5� 4 Y F �r,v. e y 74; w.�-."'c,�'u'.dl�..+.�f;'""�`�r r.`�...:.��:...i`�'3hr�t'u'�c.£.r'�};:a"wr.'��i�.��..,_JUe, r.�;:r_�_:J..:tu+'r�+�MW.6a+�Jrti±uv��.sK�..,c.cri>a..?+�x J''i�• �r< . � L,. . .. �° K( . , . :'_" ?.;:".I ,,.`! � ARTICLE 3 - SOURCE SELECTION AND CONTRACT �,..� � FORMATION . �;�" . F..� • �b' Part A - Definitions i� � 3-101 DEFINITIONS OF TERMS USED IN THIS ARTICLE � �� (1) Cost-Reimbursement Contract means a contract under which a contractor is reimbursed �' ' i:"s F �;y for costs which are allowable and allocable in accordance with the contract terms and the , �• provisions of this Code, and a fee, if any. �. �°;: S� (2) Established Catalogue Price means the price included in a catalogue, price list, � r�S schedule, or other form that: ,�.s. �� ;, (a) is re9ularly maintained by a manufacturer or contractor; � �`� (b) is either published or otherwise available for inspection by customers; and ICi,': (c) states prices at which sales are currently or were last made to a significant ��;� number of any category of buyers constituting the general buying public for ��` the supplies or services involved. tn: ��; (3) Invitation for Bids means all documents, whether attached or incorporated by reference �;;; utilized for soliciting bids. ;;.� �� 5:� (4) Purchase Description means the words used in a solicitation to describe the supplies, . ��:, services, or construction to be purchased, and includes specifications attached to, or made part ;�_; of, the solicitation. t;:., 't�'�' (5) Request for Proposals means all documents, whether attached or incorporated by _�: reference, utilized for soliciting proposals. � w:` . �`=?� (6) Responsible Bidder or Offeror means a person who has the capability in all respects �',�� to perform fully the contract requirements, and the integrity and reliability which will assure �`�' good faith performance. . ,,,?;' (7j Responsive aidder means a person who has submitted a bid which conforms in alt materia: ', respects to the Invitation for Bids. 'sr�;. . .�; Part B - Methods of Source Selection �� . :x�. . 3-201 METHODS OF SOURCE SELECTION Unless otherwise authorized by law, all County contracts shall be awarded by competitive .� sealed bidding, pursuant to Section 3-202 (Competitive Sea7ed Bidding), except as provided in: � . �'�-, (a) Section 3-203 (Competitive Sealed Proposals); ' r`� (b) Section 3-204 (Small Purchases); ' t�v^� ' (c) Section 3-205 (Sole Source Procurement); � F� (d) Section 3-206 (Emergency Procurements). � � 3-2U2 COMPETITIVE SEALED BIDDING �� (1) Conditions for Use. Contracts shall be aware+ed by competitive sealed bidding except _ as otherwise provided in 5ection 3-201 (Method of Source Selection). , ��.:� ;;.. (2) Invitation for Bids. An Invitation for Bids shall be issued and shall include a q�..: ° ' purchase description, and all contractual terms and conditions applicable to the procurement. _ The purchase description shall seek to promote overall economy for the purposes intended and ; encourage competition in satisfying the County's needs, and it shall not be unduly restrictive. s � (3) Public Notice. Adequate public notice of the Invitation for Bids shall be given a = reasonable time prior to the date set forth therein for the opening of bids, in accordance with regulations promulgated by the Finance Department. Such notice may include publication in � a newspaper of general circulation a reasonable time prior to bid opening. � . � 's l � # � � —4— ; .� :�:.ri:'r'.?^`� ` '��;"; . . � ....:i ....,�h;.�..��{..:�2'..is...�l..«..�..<ti.a�.r.ssla+x.ei�ea.�i:+. ..r,).a.:s�-. ....4�.�.�:..??w,��..�:3�`�_�.. .. ., r.�1l�i'i.Rt,C7.�Le'.�� n��+��#�M,�. }�,�. • Y+-t} . . , R��'! . . '� (4) Did Openinc�. 6ids shall be opened publicly in the presence of one or more wit- �.�� nesses at the time and place desi9nated in the Invitation for aids. The amount of each bid, and such other relevant information as may be specified by regulation, together with the �i name of each bidder shall be recorded; the record and each bid shall be open-to public inspection. ;`i � i� (5) Bid Acceptance and 6id Evaluation. 8ids shall be unconditionally accepted �vithout . },i alteration or correction, except as authorized in this Code. Qids shall be evaluated based on �; the requirewents set forth iri the Invitation for Bids, wfiich may include criteria to detennine +� acceptabi]ity such as inspection, testing, quality, v�orkmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in � �� evaluation for avrard shail be otrjectively measurable, such as discounts, transportation costs, ; '�� and total or life cycle costs., The Invitation for Bids shall set forth the evaluation criteria A;� to be used. No criteria may be used in bid evaivation that are not set forth in the Invitation �' 6'� for Bids. ��,�r. 4� (6) Correction or Withdraael of Bids; Cancellation of Awards. Correction or withdrawal E�; of inadvertent y erroneous bids before or after award, or cancellation of awards or contracts <1 based on such bid mistakes, shali be permitted in accordance with regulations promulgated by �;� �� the Finance Department. After bid opening no changes in bid prir.es or other provisions of bids � �,; prejudicial to the interest of the County or fair competition shall be permited. Except as �, otherwise provided by regulation, all decisions to permit the correction or withdrawal of bids, �,� or to cancel awards or contracts based on bid mistakes, shall be supported by a written k ('-t determination iaade by the department head. K�y; - �, (7) Award. The contract shall be awarded with reasonable promptness by written notice �{ to the lowest responsible and responsive bidder whose bid meets the requirements and criteria � set forth in the Invitation for Bids. In the event all bids for a construction project exceed " �;, 's� available funds as certified by the appropriate fiscal officer, and the low responsive and ' '`� ;� responsible bid does not exceed such funds by more than ten percent, the department head is �; authorized in situations where time or economic considerations preclude resolicitation of work of � �� a reduced scope to negotiate an adjustment of the bid price, including changes in the bid � requirements, with the low responsive and responsible bidder, in order to bring the bid within �, �`� the amount of available funds. If the 1ow bid exceeds available funds by ten percent or more, ` �� the County Manager may authorize the department head to negotiate an adjustment of the bid price _ �f after determining in writing that such action is in the best interests of the County. ' i;� . � (3) Multi-Step Seal�d 6iddin�c. 41hen it is considered irrpractical to init�ally prepare a � '�'fi.j purchase description to support an award based on price, an Invitation for Bids may be issued � requesting Lhe submission of unpriced offers to be followed by an Invitation for Bids limited �.� � to those bidders whose offers have been qualified under the criteria set forth in the first ;p solicitation. , �� ' ` � 3-203 COMPETITIVE SEALED PROPOSALS • ` ��. ','�` (1) Conditions for Use. When, under regulations promulgated by the Finance Department, `� the department head or procurement officer determines in writing that the use of competitive . sealed bidding is either not practicable or not advantageous to the County, a contract may be r� entered into by competitive sealed proposals. The Finance Department may provide by re9ulation �: that it is either not practicable or not advantageous to the County to procure specified types of supplies, services, or construction by competitive sealed bidding. �,� : (2) Requests for Proposals. Proposals shall be solicited through a Request for Proposals. !� The Request for Proposals sha'Il seek to.promote overall economy for the purposes intended and � encourage competition in satisfying the County's needs, and it shall not be unduly restrictive. ,�r (3) Public Notice. Adequate public notice of the Request for Proposals shall be given ,� �n the same manner as provided in Section 3-202(3) (Competitive Sealed Bidding, Public Notice). t.�;'_, (4) Receipt of Proposals. Proposals shall be opened so as to avoid disclosure of contents(•.�?' � to competing offerors during the process of negotiation. A Register of Proposals shall be ; prepared in accordance with regulations promulgated by the Finance Department, and shall be open � for public inspection after contract award. j (5j Evaluation Factors. The Request for Proposals shall state the relative importance { of price and other evaluation factors. ( � �.. � t _5_ ::;'^'::� � i . .. _.._ .. ..._...._ ..._ .. . ._ .,.. __ ._ ..�-��rrrra �;1;.��?� ' . �� .�,, ' • � � � ,...a ,.�...L.t.-.+S..,rt.�3.•i��..5:..:.c:�. .,._....,.�.. i�'..ria ..t:�u....S...�''...�.a.�Al:I.....�.s..rdF.y:4.ii.�...v..•_•a:�}.ah5f�.l�`�'�....?i;`�'H,y4�jYl.:y ��}.ti I.. 4 d` i � (6) Oiscussion with Rcsponsible Offerors and Revisions to Proposals. As provided in the � . ` Request for Proposals, and under regulations promulgated by the finance Departmeut, discussions v � may be conducted with responsible offerors who submit proposals determined to be reasonably susceptibla of being selected for award for the purpose of clarification to assure full under- standing of, and resnonsiveness to, the solicitation requirements. Offerors shall be accorded �4�� ' fair and equal treatment with respect to any opportunity for discussion and revision of proposals, l�;a,i and suc�� revisions may be permitted after submissiui� ai�d prior Lu award for the purpose of ob- �:Y � 'taining best and final offers. In conducting discussions, there shall be no disclosure of any ��'•1 information derived from proposals submitted by competing offerors. �:`. ;?�;� ": i (7) Award. Award shall be made to the responsible offeror whose proposal is determined �sJ in writing to be the most advantageous to the County taking into consideration price and the � � evaluation factors set forth in the Request for Proposals. No other factors or criteria shall i ; �� be used in the evaluation. The contract file shall contain the basis on which the award is made. �.' �_:, G, �� .. ty� 3-204 SMALL PURCHASES �"� Any procurement not exceeding the amount established by regualtion may be made in �� accordance with small purchase procedures promulgated by the Finance Department, provided, �jx however, that procurement r.equirements shall not be artifically divided so as to constitute �r� a small purchase under this Section. � � � �°� 3-205 SOLE SOURCE PROCUREMENT �- �' A contract may be awarded for a supp�y, service, or construction item without com- �k petition when, under regulations promulgated by the Finance Department, the department head �• or procurement officer determines in writing that there is only one source for the required ;�;a supply, service, or construction item. ��. :�: 3-206 EMERGENCY PROCUREMENTS . � ;'; Notwithstanding.any other provision of this Code, the department head or procurement ' officer may make emergency procurements when there exists a threat to public health, welfare, �`� or safety under emergency conditions as defined in regulations promulgated by the Finance Depart- '� ;`� ment; provided that such emergency procurements shall be made with such competition as is €� practic�ble under the circumstances. A written determination of the basis for the emergency � t: and for the selection ofi the particular contractor shall be included in the contract file. �, �.. .i r�= Part C - Cancellation of Invitation for Bids or Requests for Proposals st 3-301 CANCELLATION OF INVITATIONS FOR BIDS OR'REQUESTS FOR PROPOSALS � An Invitation for Bids, a Request for Proposals, or other solicitation may be cancelled, ' - � or any or all bids or proposals may be rejected in whole or in part as may be specified in the �; solicitation, when it is in the best interest of the County in accordance with regulations �� promulgated by the Finance Department. The reasons therefor shall be made a part of the contract ; file. � z` �� Part D - Qualifications and Duties �_ ° 3-40I RESPONSIBILITY OF BIDDERS AND OFFERORS � (1) Determination of Nonres onsibilit . A written determination of non-responsibility of � a bidder or offeror s all Ee made in accordance with regulations promulgated by the Finance Department. The unreasonable failure of a bidder or offeror to promptly supply information in �,:;`�.., connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to such bidder or offeror. (2) Right of Nondisclosure. Information furnished by a bidder or offeror pursuant to ; this Section shall not be disclosed outside of the Finance Department or the Purchasing Agency ; without priar written consent by the bidder or offeror. f 3-402 PREQUALIFICATION OF SUPPLIERS � Prospective suppliers may be prequalified for particular types of supplies, services, � and construction. Solicitation mailing lists of potential contractors shall include but shall � not be limited to such orequalified suooliers. E t -6- . ;;c:»s'�;:',��;,.� � :4.i�' ;{'::1 -��'::.i�',-:- � ...'.� . . . . . . ... .,, . . - � . �(�... _ �. � (� . . . . [. - �1_. r:`'G�) i*3,t�I��f-�,�� ' iKSP'i!� +:s,L4 '{"' < ..��,1?{S.i} ��'1,��µa � .� !'�1� aa1�.�� t. } I��P"t��7ti.',� �..7,�:.;-.._!rL'r..+�..� �....:.t:?�n.,....G2.: . � 1.5.'L•�M.LH.4si�..si.mS�ub� �+� f� ......,». . �.f.. -:1..Ja...�i� ....w ..,sStd.w+,�4%tS..� .1 �...5!�r,...�.�ri �i kL:�� t'=:...'.7) ;�r��; ' • . ��. . . t.. �'; Part E - donds '`1 �';i 3-501 BID SECURITY • �:�:i . . �'� (1) Requirement for did Security. Bid security shall be required for all competitive i,: �1sealed b9d�ng when the price is estimated by the Procurement Officer to exceed an amount established by rec,ulation of the Finance De;�artment. Bid security shall be a bond provided �y+ by a surety company authorized to do business in this state, or the equivalent in cash, or �. � otherwise supplied in a form satisfactory to the County. Nothing herein prevents the requirement . �� _��a of such bonds on construction contracts under the amount set by the Finance Department when ;;; the circumstances warrant. 3:� i ,,, (2) Amount of Security Bid. Bid security shall be in an amount equal to at least �• five percent of the amount of the bid. (3) Rejection of Bids for Noncompliance with Bid Security Requirements. When the � Invitation for Bids requires security, noncompliance requires that the bid be rejected unless, % pursuant to Finance Department regulations, it is determined that the bid fails to comply in a �:� non-substantial manner with the security requirements. �� i �, t4) Withdrawal of Bids. After the bids are epened, they shall be irrevocable for the period specified in the Invitation for Bids, except as provided in Section 3-202(6) (Com- � petitive Sealed Bidding, Correction or Withdr�awal of Bids; Cancellation of Awards). If a • �� bidder is permitted to withdraw its bid before award, no action shall be bad against the bidder �, �� or the bid security. 3-502 CONTRACT PERFORMANCE AND PAYMENT BONDS 1 '� (1) When Required = Amounts. When a construction contract is awarded in excess of "" an amount established by regulation of the Finance Department, the following bonds or security � :t�� shall be delivered to the County and shall become binding on the parties upon the execution of r � the contract: . �' (a) a performance bond satisfactory to the County, executed by a surety company ;±i authorized ta do business in this state or otherwise secured in a manner °��i satisfactory to the County, in an amount equal to 100% of the price specified � ,� in the contract; and � (b) a payment bond satisfactory to the County, executed by a surety company , �� authorized to do business in this state or otherwise secured in a manner � satisfactory to the County, for the .protection of all persons supplying labor and material to the contractor or its subcontractors for the performance � of the work provided for in the contract. The bond shall be in an amount equal t to 100% of the price specified in the contract. !' � �� (2) Reduction of Bond Arrounts. The Finance Department may promulgate regulations that r authorize the department head to reduce the amount of performance and payment bonds to 50% of the contract price for each bond. . i � ` (3) AutHority to Require Additional Bonds. Nothing in this Section shall be construed to ; � limit the authority of the County to require a performance bond or other.security in addition to �; those bonds, or in circumstances other than specified in Subsection (1) of this Section. S 3-503 BOND FORMS AND COPIES K - r: (1) Bond Forms. The Finance Department shall promulgate by regulation the form of the : bonds required by this Part. ��.':`�.': (2) Certified Copies of Bonds. Any person may request and obtain from the Count a �'-" Y � ;_:.. `: certified copy of a bond upon payment of the cost of reproduction of the bond and postage, �. if any. A certified copy of a bond shall be prima facie evidence of the contents, execution, and delivery of the original. . ; � Part F - Types of Contracts � , � 3-601 TYPES OF CONTRACTS j t Subject to the limitations of this Section, any type of contract which will promote the � best interests of the County riay be used; provided that the use of a cost-pius-a-percentage-or- cost contract is prohibited. A cost-reimbursement contract may be used only when a determination�� _7_ ;:.�.f,�;;;-r.��, � :isiWIlYY1d ._""""". _____ _ -. �wr��YliYnn i+nlYYliFl1 _ . . ._.___ . . .... . . �;`ri�,?� � . !j.' ..y :� .: a .:. . ♦ . ..' ...,. . . . . ., . . � . r y . . .. ._� ..�e t.�;.:t.� .._... , ...,.� �_.,. .... _ .`.... ......._.�.... .�.�.«.:F..F..,.+>l�''.�wu��n...:i;ae�rL�r;s.v.5i..�� . �.`^T:4.s�"illi8t� ti:�t�� • wMt'.� .: �: M` .� ;_.•.. ` is made in writing that such a contract is likely to be less costly to the County than any other t��`1`' � i-� type or that it is impracticable to obtain the supplies, services, or construction required except under such a contract. f'.� • �:;; 3-G02 MULTI-TERM COPdTRACTS , ��; ' �� (1) Specified Period. Unless otherwise provided by law, a contract for supplies or serv- ' r`' ices may be entered into for any period of time deemed to be in the best interests of the County �°�{ provided the term of the contract and conditions of renewal or extension, if any, are included �� in the solicitation and funds are available for the first fiscal period at the time of contractinc* . � Payment and performance obligations for the succeeding fiscal periods shall be subject to the �. availability and appropriation of funds therefor. - � �^� (2) Determination Prior to Use. Prior to the utilization of a multi-term contract, it ��' shall be determine in writing: �- � (a) that estimated requirements cover the period of the contract and are reasonably' � firm and continuing; and �� (b) that such a contract will serve the best interests of the County by encouraging r effective competition or otherwise promoting economies in County procurement. �� Part G - Contract Clauses and Fiscal Responsibility � � � 3-701 CONTRACT CLAUSES AND THEIR ADMINISTRATION � �;i (1) Contract Clauses. The Finance Department may promulgate re9ulations requirin9 the � inclusion in County contracts of clauses providing for adjustments in prices, time of performance� :��• ;'� or other contract provisions, as appropriate, and covering the following subjects: � . ' � (a) The unilateral right of the County to order in writing: � (i) changes in the work within the scope of the contract; and �� (ii) changes in the time of performance of the contract that do not alter ' `� the scope of the contract work; : , � (b) variations occurring between estimated quantities of work in a contract and actual quantities; ' (c) suspension of work ordered by the County; and ' � 7`� (d) site conditions differing from those indicated in the contract, or ordinarily encountered, except that differing site conditions clauses promulgated by the � ' ' Finance �epartment need not be included in a contract: •: it ;, (i) when the contract is negotiated; (ii} when the contractor provides the site or desi9n; or � ;' • (iii) when the parties have otherwise agreed with respect to the risl: of � ' differing site conditions. � � (2) Price Adjustments. � a i (a) Adjustments in price pursuant to clauses promulgated under Subsection (1) of � this section shall be computed in one or more of the following ways: g (i) by agreement on a fixed price adjustment before co�nencement of . the pertinent perfonnance or as soon thereafter as practicable; . (ii) by unit prices specified in the contract or subsequently agreed upon; x (iii) by the costs attributable to the events or situations under such claus� with adjustment of profit or fee, all as specified in the contract or : subsequently agreed upon; (iv) in such other manner as the contracting parties may mutually agree; or� . (v) in the absence of agreement by the parties, by a unilateral determ- ination by the County of the costs attributable to the events or _ situations under such clauses with adjustment of profit or fee, all • as computed by the County in accordance with regulations ' promulgated by the Finance Department and subject to the provisions of Article 5 (Legal and Contractual Remedies). 1 !� ! i (3) Additional Contract Clauses. The Finance Department may promulgate regulations re- I . quiring the inc usion in County contracts of clauses providin9 for appropriate remedies and covering the following subjects: (a) liquidated damages as appropriate ' 3 � �i • �8� , SYr:!i�)'.Jiy`t:. 1 _I _ � __ _� �_�_ --..�.+.rr�wrrrrrr�r�rr�_.. --- —;:tr , ,Ju{,<'" ;i�;:::1 ' . - r:.��:. • . .:.1 . ..., . 'T„"tyE�,'�.t ' ..M .+:...,.NYK..x?ti.:.,:.::w.�.....�.s�L'•t� _._.,..�,,.,.n:'.�i,M.-�`.r .i.4.�:.i��r.�.�:.�.-_�t7......7.i:!1��1i.�.��..+`:�'�..��.�a;'L4.:�._:....rrhh�Eksq ,, . . Pa�.. �;r.,. a'�'��•... • ( (b) specified excuses for delay or nonperfornwnce;. � ! c) termination of Lhe contract for default; and .:::� �d) termination of the contract in whole or part for the convenience of the County c�.: (4) Modification of Re uired Clauses. Department heads may vary the cla•�ses promulgated �;;�> by the Finance Department under 5ubsection 1) and 5ubsection (3) of this Section for inclusion �;- in any particular County contract, provided that any variations are supported by a written d.:: determination that states the circumstances justifying such variations, and provided that notice �', of any such material variations be stated in the Invitation for Qids or Requests for Proposals. �� g� 3-702 FISCAL RESPONSIBILITY 5�'_ i. • �% Every contract modification, change order, or contract price adjustment under a contract � ;' �`, with the Count in excess of an amount established b re ulation of the Finance De artment shall �y; Y Y 9 P i:� ,, b e s u b j e c t t o p r i o r w r i t t e n c e r t i f i c a t i o n by t h e F i n a n c e D ep a r t m e n t a s t o t he e ffect of the con- � ��"� tract modification, change order, or adjustment in contract price on the total project budget '�'. or Che total contract budget. In the event that the certification discloses a resulting increase� �� in the total project budget and/or the total contract budget, the Procurement Officer shall not �t'"� execute or make such contract modification, change order, or adjustment in contract price r� unless sufficient funds are available tf�erefor, or the scope of the project or contract is X:� adjusted so as to permit the degree of completion that is feasible within the total project �-�:� budget and/ or total contract budget as it existed prior to the contract modification, change " �:r;T order, or ad�ustment in contract price under consideration. ¢`� �x� ' �� Part H - InspecL-ion of Plant and Audit of Records sa �M1� 3-801 RIGHT TO INSPECT PLANT �'" �:,; 'r �. �,. �;,�; The County may at reasonable times, inspect the part of the plant or place of 6usiness ;� of a contractor or any subcontractor which is related to the performance of any contract ''='- awarded or to be awarded by the County. ' _r�;`' 3-802 RIGHT TO AUDIT RECOP.DS _ �;: }�:� (1) Audit of Cost or Pricing Data. The County may, at reasonable times and places, audit +,:` the books and records cf any person tivho has submitted cost or �ricing data pursuant t� Ffnance i � Department regulations to the extent that such books or records relate to such cost or .�~E` ricin data. An p g y person who receives a contract, change order or contract modification for which cost or pricing data is required, shall maintain such books and records that relate to � �t _' such costs or pricing data for three years from the date of final payment under the contract, '' uniess a shorter period is otherwise authorized in writi•ng. -4' (2) Contract Audit. The County shall be entitled to audit the books and records of a • fr�T coAtractor or any subcontractor under any negotiated contract or subcontract other than a ii� firm fixed-price contract to the extent that such books and records relate to the performance � . of such contract or subcontract. Such books and records sha17 be maintained by the contractor ��; for a period of three years from the date of fi�al payment under the prime contract and by �:� the subcontractor for a period of three years from the date of finaT payment under the sub- � contract, unless a shorter period is otherwise authorized in writing. ;� . .� Part I - Determinations and Reports ,+ . 3-401 � FINALITY OF DETERMINATIONS � •�� . . . . . . . M. . �� The determinations required by Sect�on 3-202(6j (Competitive Sealed Bidding, Correction N,,. �' or Withrlrawal of Bids; Cancellation of Awards), Section 3-203(1) (Competitive Sealed Proposals, �;;:'� Conditions for Use), Section 3-203(7) (Competitive Sealed Proposals, Award), Section 3-205(Sole k: Source Procurement), Section 3-206 (Einergency Procurements), Section 3-401(1) (Responsibility ; of Bidders and Offerors, Determination of Nonrespor,siblity), Section 3-202(7) (Competitive Sealed�� Bidding , Award) ,. Section 3-601 (Types of Contracts), and Section 3-602(2) (Multi-Term Contract� Determination Prior to Use) are final and conclusive unless they are clearly erroneous, arbitrary; capricious, or contrary to law. 3-902 REPORTING OF ANTICOMPETITIVE PRACTICES � � When for any reason collusion or other anticompetitive practices are suspected among � any bidders or offerors, a notice of the relevant facts shall be transmitted to the County ; ALI.Or•ury. � i i i . ; . ^�- �'`X'�j S}si � �.�.. __ e_ _ s,�;=+`' t�" '' � y �'��y� �. ,.. � � . .ti- . � :. . tX Gtr✓k P 1f7�'��r>vT' J'ry �'m' �.r,,. ;.� ��'� .� L +�i+'.l 4w �. � '� v �C � R � � .�Rf '�. .Y��! h�J�+1�' 1� "�,'Ai.�r+} 6,tt �es.w.dn�,.i+wA��r• �y� 'R� �(v=K.;t {* �t'� tv t �f�}M4':.+L e�- x r �.��i:Jlad �d�H +�, � � �rr�,�1:A j� .t�i,+;� �`il.'��'`�� } .rlv '�''G'. 5h�}.F�J�.i•A.�A J�.��.Y1e�Al.'tliv ��5�' JI # SwJt iiY[�eIY�M��Y..,.- {:�:.c �.,:�: �'�.A•��...�:.. ��:'1 a: 3-903 RETENTION OF PROCUREMENT RECOR�S c- ; All procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules approved by the law. Al1 retained documents shall be made available to the Di�trict Attorney or a designee upon request and proper receipt therefor. Fi ', ��`;;: �3-904 RECORD OF PROCUREMENT ACTIONS TAKEP� UNDER SECTION 3-205 (SOLE SOURCE PROCURE�4E�IT) '` AND SECTION 3-206 (EMERGENCY PROCUREMENTS). �� A • �: (1) Contents of Record. The finance Department shall maintain a record listing all �;�, contracts made under Section 3-205 (Sole Source Procurement) or Section 3-206 (Emergency �: .r�� Procurements) for a minimum of three years. The record shall contain: �r'' �;�;� � �; ��, �; (a) each contractor's name ��T.�°�` (b) the amount and type of each contract; and �,� (c) a listing of the supplies, services, or construction procured under each ,e� contract. � ,� (2) Submission to the Board of Count Commissioners. A copy of such record shall be ; submitted to t e 6oard of County Commissioners on an annual basis. The record shall be f I`:�� available for public inspection. X; �g•'� . u`; . t;. <t.i F .�r.• ��(� t:� iy"-4j . a'.:. t�" ARTICLE 4- SUPPLY MANAGEMENT a . .'�"= �.,_. . e` • Part A - Definitions �.. �� :; .,� 1 4-102 DEFINITIONS OF TERMS USED IN TH?S ARTICLE � ��. � F ' $ (1) Excess Supply means any supplies other than expendable supplies having a remaining ; useful life but which are no longer required by the Using Agency in possession of the supplies. �? (2) Expendable Supplies means all tangible supp7ies other than nonexpendable supplies. ,` 7�'; (3j Nonex endable Su lies means all tangible supplies having an original acquistion cost of over 100 per unit and a probable useful life of more than one year. ,'. . ;;_ .� (4) Su 7ies means, for the purpose of this Article, supplies owned by the County. (See : Section 1-301 21 (Supplies)). 4 tw . < �; (5) Surplus Supplies means any supplies other than expenda6le supplies no longer having � any use to the County. This includes obsolete supplies, scrap materials, and nonexpenable ,1 supplies that have completed their useful life cycle. ` . x. 4-201 SUPPLY MANAGEMENT RE6ULATIONS REQUIRED .� ;� The Finance Department shall promulgate regulations governing: (a) the management of supplies during their entire life cycle; (bj the sale, lease, or disposal of surplus supplies by public auction; competitive ' � sealed�bidding, or other appropraite method designated by regulation; (c) transfer of excess supplies. � . . ;. -10- . � i€.�k:;-.�,�., � ' ,;."4`.`� ' . �j;:;,;. . . �� . �M { 4 .��" ... .. � .� � ,:.. . ;� 4 � '.f .�� y�J��px J.7�4 �e �v3e�'t � "ri � 54.��.,:s�>L� � �:t1 Yt' _7�'C�prw' �... �r'S(�,��k�r,� � �� , r�.�p�� _..�.. w,._. �a.. .d_.u1:::�..,f..r:'�.u.:,:.,.�.a.:�.v�'�.�34�..,.;.t..u.a.....��,._...s....:t:�..�.�..i....___�5� vW._.c.. ._.��i..tix�r�tatiY ' �';' � � tv-:.� .. 4. ' � ARTICLE 5 - LEGAL FlND CONTRACTUAL REMEDIE3 �" � Part A - Pre-Litigation Resolution of Controversies �,> t?�;;�;� ^ ��`:>:r, ��_� 5-101 AU7HORITY TO RE50LVE PROTESTED SOLICITATIONS AND AWARDS • �.;. "I (1) Right to Protest. Any actual or prospective bidder, offeror, or contractor who is � . i�°;;. r...,_ aggrieved in connection with the solicitation or award of a contract may protest to the County �,� Manager or department head. The protest shall be submitted in writing within 14 days after such 4 �� :::`;;j aggrieved person knows or should have known of the facts giving rise thereto. E� c�. J+4.� � �� (2) Authority to Resolve Protests. The County Manager, department head, or a designee �, �: of either officer shall have the authority, prior to the commencement of an action in court ; concerning the controversy, to settle and resolve a protest of an aggrieved bidder, offeror, or � contractor, actual or prospective, concerning the solicitation or award of a contract. This r<`: authority shall be exercised in accordance with regutations promulgated by the Finance Department ?�� (3) Decision. If the protest is not resolved by mutual agreement, the County Manager, s �;'�'- department head, or a designee of either officer shall promptly issue a decision in writing. �y�� The decision shall: ��. • � (a) state the reason for the action taken; and • (b) inform the protestant of its right to administrative review as provided in �� this Article. � '� �==" (4) Notice of Decision. A cop,y of the decision under Subsection (3) of this Section shall; • '''�` be mailed or otherwise furnished immediately to the protestant and any other party intervening. � " i„ :;� (5) Fina7ity of Decision. A decision under Subsection (3) of this Section shall be ' final and conclusive, unless the protestant appeals administratively to the Board of County ��; Cononissioners acting as the Procurement Appeals Board. �,. . �.�' �'= 5-102 AUTHORITY TO�DEBAR OR SUSPEND 4.a H�'.i �Y" 'i� �;-, (1) Authority. After reasonable notice to the person invo7ved and reasonable opportunity for that person to be heard, the County Manager or department head, arter consultation with the �1 �': County Attorney, shall have authority to debar a person for cause fron consideration for award - of contracts. The debarment shall not be for a period of more than three years. The same N officer, after consultation with the County Attorney, shall have authority to suspend a person �} from consideration for a�rard of contracts if there is probable cause Eor debarment. The �.- suspension shall not be for a period�exceeding three months. The authority to debar or suspend � #` shaTl be exercised in accordance with regulations promulgated by the Finance �epartment. ��; 1� � (2) Causes for Debarment or Suspension. The causes for debarment or suspension incTude �:?' the following: F�: ; ��'` (a) conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in �,;� the performance of such contract or subcontract; � s (b) conviction under state or federal statutes of embezzlement, theft, forgery, ''; bribery, falsification or destruction of records, receiving stolen property, ' .� or any other offens? indicating a lack af business integrity or business � " � honesty which currently, seriously, and directly affects responsibility as a �: � County contractor; ' - • (c) conviction under s�.ate or federal antitrust statutes arising out of the sub- ��:;., : mission of bids or proposals; . E:; : '(d) violation of contract provisions, as set forth below, of a character which is regarded by the County Mana9er or department head to be_so serious as to justify debarment action: (i) deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; i; (ii) a recent record of failure to perform or of unsatisfactory performance? in accordance with the terms of one or more contracts; provided that 3 . ' failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a i basis for debarment; (e) any other cause the County Manager or department head deterniines to be so serious and compelling as to affect responsibility as a County contractor, including debarment by another governmental entity for any cause listed in regulations of the finance Department; and -11- ' `f,j:;'c`,�'-`''� ` ♦ �. 1 __--�� . '�`N;S� . � ' ;�':.M�'.��. , . . ..-tC . . . ..: . .. ' .� ' -�� T t 't. � rt��.� :y}p .. ' ..;:i�v,..._'.._i�:1��'��H�nCa.::.�L�`�'�'.a�u.aa,�.'u�..a�.$.'�'•i��J`n:f..i�:.��.��?.�ty;?.rt✓.+'��"9�,�:'�x�'�.f...��..�._._t��ii°'�:e'?I.xG ��..�,�atti} �`°L�ti.._�o �� Y;" • . f�efy.�; ` � I;:;:�_`: :� t. (f) for violation of the ethical standards set forth in Article 7 (Ethics in Public Contracting). k�" (3) Decision. The County Manager or department head shall issue a written decision �;`: to debar or suspend. The decision shall: �< . �':; . (a} state the reasons for the action taken; and t� (b) inform the debarred or suspended person invloved of its right to administrative� r� review as provided in this Article. �� yy {4) Notice of Decision. A copy of the decision under Subsection (3) of this Section shali ,,. - be mailed or otherwise furnished immediately to the debarred or suspended person and any other �i party intervening. �.:I . -L �'j (5) Finality of Decision. A decision under Subsection (3) of this section shall be final ;, �' and conclusive, unless the debarred or suspended person appeals administratively to the Board �'� of County Commissioners acting as the Procurement Appeals Board. �� 5-103 AUTHORITY TO RESOLUE CONTRACT AND BREACH OF CONTRACT CONTROVERSIES r� (1) Applicability. This section applies to controversies between the County and a con- � �� tractor and whfch arise under, or by virtue of, a contract between them. This includes with- �� out limitation controversies based upon breach of contract, mistake, misrepresentation, or � other cause for contract modification or rescission. ';, � (2) Authority. The County Manager, department head, or a designee of either officer !�' is authorized, prior to commencement of an action in a court concerning the controversy, to � settle and resolve a controversy described in Subsection (1) of this Section. This authority F. �'; ; shall be exercised in accordance with regulations promulgated by the Finance Department. � i ; (3) Decision. If such a controversy is not resolved by mutual agreement, the County � � Manager, department head, or the designee of either officer shall promptly issue a decision ..y in writing. The decision shall: � F�. • �r (a) state the reason for the action taken; and (b) inform the contractor of its right to administrative review as provided � in this Article. " .�_:� �� (4) Notice of �ecision. A copy of the decision under Subsection {3) of this Section ,, shall be mailed or otherwise furnished immediately to the contractor. (5) Finalit of Decision. The decision under Subsection (3) of this Section shall be final and conc usive, unless the contractor appeals administratively to the Board of County '': Commissioners acting as the Procurement Appeals Board. ,`�b, � (6) failure to Render Timely Decisions. If the County t4anager, department head, or ; ; the designee of either officer does not issue the written decision required under Subsection � (3) of this section within 120 days after written request for a final decision, or within • such longer period as may be agreed upon by the parties, then the contractor may proceed as ? � if an adverse decision had been received. `j Part B - Solicitation or Award in Violation of Law � p € . 5-201 APPLICABILITY OF THIS PART - , �:� The provisions of this Part apply where it is determined administratively, or upon ad- ministrative or judical review, that a solicitation or award of a contract is in violation of law. _' � :. 5-202 REMEDIES PRIOR TO AN AWARD �: ; If prior to an award it is determined that a solicitation or proposed award of a contract 3 is in violation of la�a, then the solicitation or proposed award shall be: (a) cancelled; or � • (b) revised to comply with the law. � i �� . . � -12- . ,�;�n.,,a� � ��;� _ :;�w:s ,*'.� 'Y, � . � W,c ._ _ . .. . , .., ... -. � � � � t'iityt"!``t'�_� + �pj".�' +•:�+�'� °_"';,�,�,� ^'.• 'r3 °�'� �ir��S� x�1-Y�� . o�rr r.'S ��`� �ir�,'7�j4 .tfiY l t t,v'�e h v ��FY�� c�' �u � .tv:�� . ._�'�..:._.,rY�..-`k."��_._:�.e! �:'.I...c�_,st..r.lu��w,:�.:.�3.{�.v'1�`:i.�:L.+.niu.�.;� ...�.s�.:.wSAf.r...'��'.-01.�.....�+i.s��an.>.�..reak�:i '�S� .. �. f' �:"t:. � f��. .. . . ?`;. 5-203 REMEDIES AFTER AN AWARD G` ' {: ��`: If after an award it is determined that a solicitation or award of a contract is�in ''�'' violation of the law, then: ��-'' (aj if thc person a;�arded the•contract has not acted fraudulently or in bad faith: �� (i) the contract may be ratified and �affirmed, provided it is determined t�a,d �;�� that doing so is in the best interests of the County; or �L� (ii) the contract may be terminated and the person awarded the contract �;;�': shall be compensated for the actual expenses reasonably incurred •r. � p:j�� under the contract, plus a reasonable profit, prior to the termination; �? (b) if the person awarded the contract has acted fradulently or in bad faith: � :'I -�:� (i) the contract may be declared null and void; or �� y�, (ii} the contract may be ratified and affirmed if such action is in the best interests of the County, without prejudice to the County's rights to such i �� damages as may be appropriate. �,�°. . �,� Part C - Interest �' �' '�? � �;e 5-301 INTEREST � �x Interest on amounts ultimately determined to be due to a contractor or the County � shall be payable at the statutory rate applicable to judgements from the date the claim arose �� through the date of decision or judgement, whichever is later. � • � Part D - Procurement Appeals Board � �r� ��: ��` 5-401 CREATION OF THE PROCUREMENT APPEALS BOARD ' K-". �� . °,;`�:� The Board of County Commissioners shall act as the Procurement Appeals Board. . �,_ , �_�`� 5-402 DECISIONS OF THE PROCUf:EMENT APPEALS BOARD �`_�s: �� Acting by one or more of its membe•rs, the Procurement Appeais-Board snali issue a '''�'`' decision in writing or take other appropriate action on each appeal submitted. A copy of R';�: ?-;�. any decision shall be provided to all parties and the County Manager or department head. t' �:a ' 5-403 JURISDICTION OF THE PROCUREMENT APPEALS BOARD d' Unless an action has been initiated previously in court for essentially the same cause "'� bf action, or unl.ess within 15 days after the action is brought before the Procurement Appeals ' p�,.. Board, written objection is made by either the aggrieved bidder, offeror, or contractor, �V prospective or actual, or the County Attorney, the Board shall have jurisdiction to review and determine de novo: � (a) any protest of a solicitation or award of a contract addressed to the Board by an aggrieved actual or prospective bidder or offeror, or a contractor; ' and ` ' (b) any appeal by an aggrieved party from a determination hy the County Manager, department head, or a designee of either'officer which is authorized by: ; (i) Section 5-101 (Authority to Resolve Protested Solicitations and Awards); y (ii) Section 5-102 (Authority to Debar or Suspend); and - f (iii) Section 5-103 (Authority to Resolve Contracts and Breach of (bntract Controversies) �" . �:�>'; 5-404 PROTEST OF SOLICITATIONS OR AWARDS �`":' ''� �;, ; �; (1).Scope. This section applies to: � 1 (a) a protest of solicitation or award of a contract addressed to the Procurement ( Appeals Board 6y an aggrieved actual or prospective bidder or offeror, or a contractor; and (b) an appeal addressed to the Board of a decision under Section 5-101(3) (Authority . i to Resolve Protested Solicitations and Awards, Decision). � • I . C 4 k -13- ; �� + . , s.r3.,,,. :.��' ,•V.;ti:�. _ .f�r • .i E .. .. ? . y ,�.�,.. _ . ;�. �,.,� 1 � ��1 � .� i' S..s y, I�ft r -� �1�r��'°s+ 'ti",:1 ,. �i��' � - '. ��k � 9 �f .�, ,��,t� ;, > ,�,. � 3+�!?^ d �,'�5.'�: '' i,e ..� � .r� a j��14, � 3�'�t�, � � �i y 4,�' P y �-�.,�4'+rt � ��a � r f.J�P •.`t��1 '� � _1`[„�h��,.ti�-. s :_.�A�Jf.�«.:..—t.._...?.d.�k3l,=�tr.r. ,....,.µ..._ ,�f _ 4L..a•..s.�CU,�Lt,:..+iti....,....�,.k�..;;:Yi.:�1'xe. .�., u.,... . �; • E!„_ , i,^,^.' , i': ..„�,;r 4 (2) Time Limitations on Eiling a Protest or an Appeal. (a) For a protest under Subsection (1)(a) of this Section, the aggrieved person shall file a protest with the (3oard within 14 days after the a�grieved per- ��•.; son knew or should have known of the facts and circumstances upon which E,:y the �r�test is b�aed. . �,:�'� (b) for an appeal under Subsection (1)(b) of this section, the aggrieved person F=" shall file an a eal within seven da s of the recei t of a decision under Sec- �3;� PP - Y P °-'. tion 5-101(3) (Authority to Resolve Proteste� Solicitations and Awards, �.'' • Decision}, �;':: � ::. ,;�;; (3) Decision. On any direct protest under Subsection (1)(a) of this Section or appeal �.� ti-';:: under Subsection 1 (b) of this Section, the aoard shall promptly decide whether the solicitation; �`�-': or award was in accordance with the Constitution, statutes, regulations, and the terms and ,�;� conditions of the solicitation. The proceedin9s sha11 be de novo. Any prior determinations by `` administrative officials shall not be final or conclusive. .-irtf �'::' i>� (4) Standard of Review for Factual Issues. A determination of an issue of fact by the '�`'� Board under Subsection 3 of this Section shall be final and conclusive unless arbitrary, ,,, .j:;�: i n�:. capricious, fraudulent, or clearly erroneous. ��:�'j . �:��?r, �:; 5-405 SUSPENSION OP, DEBARMENT PROCEEDINGS �f a.;� r..-:� �� (1) Scu�e. This section applies to a review by the Procurement Appeals Board of a i""� decision under ::ection 5-102 (Authority to Uebar or 5uspend}. '�"J' . ; (2) Time Limitation on Filing an Appeal. The aggrieved person shall file its appeal t+rith ��• ,�;Y:Y� the Board within 60 days of the receipt of a decision under Section 5-102(3) (Authority to Debar � or Suspend,Decision). k:>:� s;;,:.: w;, (3) Decision. The Board shall promptly decide whether, or the extent to which, the �?'.� debarment or suspension was in accordance with the Constitution, statutes, regulations, and �'�,':�� the best interests of the Count and was fair. The roceedin s shall be de novo. An rior P 9 YP ��'':�� determinations by administrative�officials shall not 6e final or conclusive. . �;.'_'.'7 �.i�a (4) Standard of Review for Factual Issues. A determination of an issue of fact by the }� ;� Board under Subsection 3 of this Section shall be final and conclusive unless arbitrary, �'"}==;- capricious, fraudulent, or clearly erroneous. � 5-406 COPJTRACT AND BREACH Of CONTRACT CONTROVERSIES �� - �='` (1) Scope. This section applies to a review by the Procurement Appeals Board of a �F` decision under Section 5-103 (Authority to Resolve Contract and Breach.of Contract Con- �'•;:: troversies). - �,.�": (2) Time Limitation on Filing an Appeal. The aggrieved contractor shall file its appeal with the Board within 60 days of the receipt of the decision under Section 5-103(3) (Authority �r� to Resolve Contract and Breach of Contract Controversies, Decision�. x,- �'�, �� (3) Decision. The Board shall promptly decide the contract or breach of contract con- .�;^ troversy. The proceedings shall 6e de novo. Any prior determination by administrative officiais ,��;, shall not be final or conclusive. - .,j>,�, � :"��' (4) Standard of Review for Factual Issues. A determination of an issue of fact by the ,:; ` Board under Subsection 3 of this Seciton shall be final and conclusive unless arbitrary, "i " °` capricious, fraudulent, or clear7y erroneous. � �� i�; �1`<:, : 5-4�7 NO FINALITY TO A DECISION ON AN ISSUE OF LAW ::� _ ��'.: i:. ;, No determination by the Procurement AppealS Board on an issue of law shall be final or conclusive. . :E 5-q08 APPEAL AND REVIEW OE PROCUREMENT APPEALS B�ARD DEGISIONS � . ?I (1) Appeal. Any person receiving an adverse decision, the County, or both may appeal from a decision by the Procurement Appeals Board to the courts. , + j� (2� Authorization of Appeal hy the County. No such appeal shall 6e made hy the County :� ; unless recon�niended by the County Manager, or the department head involved and approved by the � County Attorney. " '.; ; -lA- • ��nkw�a,�� .z.;sa ' . .��'�. �'�� . 'i� � �y � :?^4+` iF"''9\�c -r�4� � �.- ;��.... .: +;{. .,<- � i. . '+`4'� �4� ��}�q'l�.:�. . � +'�� c • ��f� i � �,�yT �i�� L4 :. �' S-409' DISCONT[NU/iNCE Of CONTRACTOR'S APPEAL �_JAy\ >• �.� . �, After notice of an appeal to the Procurement Appeals 6oard has been filed with the � �,� County Manager or�department head, a contractor may not discontinue such appeal without � �� prejudice, except as authorized by the 6oard. I � ! �; „ � • . � • i , f . . . .�_��`.�..j.i, . � . �. ` Y. ARTICLE 6 - FEDERAL ASSISTANCE OR CONTRACT PROCUREMENT REQUIREMENTS � _ � 6-101 COMPLIANCE WITH FEDERAL REQUIREMENTS I � i Where a procurement involves the expenditure of federal assistance or contract funds, �. ,� the Procurement Officer shall comply with such federal law and authorized regulations which are mandatorily applicable and which are not presently reflected in this Code. j 1 . ; � , � � � , � �. s g �: . g� R �� c 6 2 t'�. . f• . • . � � . . . S . . . . . . . . . i .. . . . • _ ' . . { 7 3 -15- j • 1 _ � ij w�'_. � � �. . - . . � ... ( .. . , �'.5:y=�. � .-ii'Y4, ] ^ 4 . . . . � .v-+� �,f.. f . ,. .,..�,me�..�.t� �� +J'�F��4F[��,4Ty�'��. 4f Vf�;ySt�'! �. .:% y��x�s:5��,��:-� i��.r��Z�'��J �-A�t°,��,�f 4i��i �fu..� . fi:T:_.Ss..u..1... i� G....a.rl x�+�o-o.• s n r. anr».+.+�k�S��K-k.Jt'i_Z'.vl*ty{fWn rr+�.:s.,..... �as.�..e��.,.-s.x .Y,xf:..:,t'� - � �,''p�.., ,� �� ARTICLE 7 - ETHICS IN PUDLIC COHTRACTING F'-�: Part A - Definitions I;``:�� "' 7-101 OEFINITIONS OF TERMS USED IN THIS ARTICLE tri. +�=;i:; . �i,;:`? (1) 61ind 7rust means an independently nianaged trust in which the employee-beneficiary • ��;::': has no management rights and in which the employee-beneficiary is not given notice of alter- i ; �.,.:; ations in, or other disposit4ons of, property subject to trust. tr' ��;�; . �e:_:; � �;;..�, (2) Confidentiai Information means any information wfiich is availa6le to an employee tx:... a:�<-,., only because of the employee's status as an employee of this County and is not a matter of �'""' ubl i c knowl ed ��:�• p ge or available to the public on request. ��i y. ,�?:� (3) Conspicuously means written in such special or distinctive format, print, or manner ;s;;�. that a reasonabie person against whom it is to operate ought to have noticed it. x�i '�y.:. '�� (4) Direct or Indirect Participation means involvement through decision, approval, dis- ,+�,�; approval, reconmendat�on, preparation of any part of a purchase request, influencing the {=,:=. t`:: tK;;; content of any specification or procurement standard, rendering of advice, investigation, �M';'� auditing, or in any other advisory capacity. t�:, _ �� (5) Financial Interest means: . ��:;. �T�.: • (a) ownership of any interest or involvement in any relationship from which, �'�. C-';' or as a resuit of which, a person within the past year has received, or is , presently or in the future entitled to receive, nore than $1 per year, or "'�� its equivalent; t=::: � ��-, (b) ownership of such interest in any property or any business as may be f' specified by the Board of County Commissioners; or �, (c] holding a posit9on in a business such as an officer, director, trustee, �; � partner, employee, or the like, or holding any position of management. . k";"�" � ��..:_� (6) Gratuit.v means a payment, loan, subscription, advance deposit of money, services, � or anything of more than nominal value, present or promised, unless consideration of sub- �'�<< stantially equal or greater value is received. 6:'":.i: i� (7) Irnnediate Famiiy means a spouse, children, parents, brothers or sisters. ;�,� (8) Offical Responsiblity means direct administrative or operating authority, whether intermediate or final, either exercisable alone or with others, either personal7y or through ;�� subordinates, to approve, disapprove, or otherwise direct County action. (9) Purchase Request means the document whereby a Using Agency requests that a , contract be entered into for a specified need, and may ir�clude, but is not limited to, the �� technical description of the requested item, de7ivery schedule, transportation, criteria for �'''` evaluation, suggested sources of supply, and information supplied for the making of any , written determination required by this Code. �. " � Part B - Standards of Conduct - ; • 7-201 � STATEMENT OF POLICY -- � � .�. Public employment is a public trust. It is the policy of the County to promote and �;�.';: : balance the bbjective of protecting government integrity and the objective of facilitating the �,: :.. recruitment and retention of personnel needed by the County. Such policy is implemented by i_-_::: : . prescribing essential standards of ethical conduct without creating unnecessary obstacles to entering public service. � � � Public employees must discharge their duties impartially so as to assure fair competitive i access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the County 3 . procurement organization. � • 7o achieve the purpose of this Article, it is essential that those doing business with � � • the County also observe the ethical standards prescribed herein. � . a � r -16- � �t o,;a:.,,!. � _ � __ __� - w .�.,. '�';;�. . . . . � . t, .. R y �'� . y . . ...... �... ,..t�:.6e,�.r�i�Jf:.r,�.o.:..�-..,�:t..�r..u��:,..�.,�:�,fi,�,`....._..�.!...�.:'.i, ......��,:.. ..,�:,L�.'`A_��'.»i:.,..�uw.iR 1'�:+, .�_�M.a_.Fer�i?'"'��ry �t i 7-202 GCNEftAL �TMIU/UtDS OF CTItICAL CONDUCT • �'��,',�,� � (1) Genera] Ethical StandarcJs for Employees. Any attempt to realize personal gain through public anfiloyment �y conduct inconsistent with the proper discharge of the employee's t:�;- duties is a breach of a public trust. } In ordcr to +ulfill this gencral prescribed standard, employees must also meet the lr - specific standards set forth in: Section 7=203 (Emnloye� fqnfltr.t of Interest); Section 7-7.Od �:--< • (Employee Disclosure Requirements); Section 7-205 (Gratuities and Kickbacks); Section 7-206 �`� ` (Prohibition Against Contingent Fees); Section 7-207 (Restrictions on Employment of Present �" t and former Em 1 �:,;:: p oyees); and Section 7-20II (Use of Confidential Informat9on). r-. (2) General Ethical Standards for Nonemplovees. Any effort to influence any public � ' employee to breach the standards of ethical conduct set forth in this Section and Section 7-204 � ;' �`�'�� through Section 7-209 of this Article is also a breach of ethical standards. .�.<: � i;-`:::' �''�'` 7-203 EMPLOYEE CONFLICT OF INTEREST r:�, 4':.�. �'y'.rv;^: � . �,3��;� (1) Conflict of Interest. Tt shall be a breach of ethical standards for any employee to ,�,•. participate direct y or indirectly in a procurement when the employee knows that: f,�i ,�:{ {a) the employee or any member of the employee's immediate family has a fi- Y^'� nancial interest pertaining to the procurement; �~=�� (b) a business ur organization in which the employee, or any member of the #��`�;; employee s irronediate famil , has a financial interest ' y pertaining to the pro- �;1 . curement; or �=;' (c) any other person, business, or organization with whom the employee or any � member of the employee's immediate family is negotiating or has an ar- �-�'�� rangement concerning prospective employment is involved�in the procurement. °�5`� (2) Firiancial Interest in a 61ind ?rust. Where an employee or any member of the ��, ��y' employee's immediate fami y holds a financial interest in a blind trust, the employee shall �� not be deemed to have a conflict of interest with regard to matters pertaining to that finan- '`' cial interest, rovided.that disclosure of the existence of the blind trust has been made to the `'� Finance Department, �:,�. t �,; �,:t (3) Discovery of Actual or Potantial Conflict of Interest, Disqualification, and Waiver. Upon the discovery of an actual or potentia7 conflict of interest, an employee shall prom tl . I:�;: P Y j>r:�� file a written statement of disqualification and shall withdraw from further participation in '�`; the transaction involved. The employee may, at the same time, apply to the Board of County •,-°�� Coirrnissioners in accordance with Section 7-401(3) for an adv�sory opinion as to what further eti;..r° participation, if any, the employee may have in the transaction. �� " (4) Notice. Notice of this prohi6ition shall be provided in accordance with regulations promulgated by the Finance Department. - t'� . ��;'. 7-204 EMPLOYEE DISCLOSURE REQUTREMENTS ��-� �A,� (1) Disclosure of 8enefit Received from Contract. Any employee who has, or obtains any benefit from, any County contract ��rith a bus9ness in which the employee has a financial �;: interest shall report such benefit to the Finance Department; provided, however, this Section • �'a< shall 'not apply to a contract with a business where the employee's interest in the business � ��. has been placed in a disclosed blind trust. ��. �;: �;�> (2) Failure to Disclose Benefit Received. Any employee who knows or should have , known of such benefit, and fails to report such benefit to the Finance Department, is in 3„ breach of the ethical standards of this Section. (3) Notice. tVotice of this requirement shall be provided in accordance with regulations ; �.:+: promulgated by the Finance �epartment. ` ',�L';-;;< ,: . 7-205 GRATUITIES AND KICKBACKS j',�. �',' (1) Gratuities. It shall be a breach of ethical standards for any person to offer, ; give, or agree to give any employee or former employee, or for any employee or former employee to s solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of i emptoyment in connection with any decision, approval, disapproval, reconmendation, preparation j of any part of a program requirament or a purchase request, influencing the content of any ; specification or pi-ocurement standard, rendering of advice, investigation, auditing, or in any � ; other advisory capacity in any proceeding or application, request for ruling, determination, a i claim or controversy, or other particular matter, partaining to any.program requirement or a. ; cont.r,ict or 5uhcn�itr)rt, nr tn �Irv anl jciY?t�nn nr nrnnpcal thnrnf�Y'. (2) Kickbacks. It shall be a breach of ethical standards for any payment, gratuity, or offer of emp oyn�ient to be made by or on bzhalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for i the award of a subcontract or order. (3j Contract Clause. The prohibition against qratuities and kickbacks prescribed in this : Section shall be conspicubusly set forth in every contract and solicitation therefor. r " -17- � i , �f;: ..;y � _ _ ...� . ,�:s. ~:^Ii;:�`�- � ' .,�, . -,,.-: . . .`.. . � � ,� �. .�-y� N (rq: F �`'�i�°:l,�y+� v7�!, '�}�.�,�q�i� `��„'��. �s h„t..�t�, ' .:r:A...:-N..-��L..:�'.�<`:..L:.��.:.'�.,,....�»i'.LLis=4.i8`ar:r..w�',»t.�c�:....�...'�....:.a.1..✓..:�..�...tia.,......._...e.�c'Sti .,.�v-.��...�.�.:L ir+i 9 , v, � ��.jr�i 7-20E PR01116ITIOtJ FIGAINST CUNTIPIGENT FE[5 i;�;,';, ' � (1) Contingent Fees. It shall be a breach of ethical standards for a person to be `.'i� retained, or to retain a person, to solicit or secure a County contract upon an agreement or �:',�- understandiny for a commission, percentage, brokerage, or contingent fee, except for retqntion (, of a bona fide employee or bona fide estatlished �Ummercial selling agencies for the purpose of securing business. {:`r ^ . �:`: . t;:;a (2) Representation of Contractor. Every person, before being awarded a County contract, €`.;': shall represent in writing, that such person has not retained anyone in violation of Subsection �`'! (1) of this Section. Failure to do so constitutes a breach of ethical standards. i A ,. . �j (3) Contract Clause. The representation prescribed in Subsection (2) of this Section �;`1. shall be conspicuously set forth in every contract and solicitation therefor. �:' l� j;�; �; 7-207 RESTRICTIONS ON EMPLOYMENT OF PRESENT AND FURMER EMPLOYEES �,� (1) Contemporaneous �mployment Prohibited. Except as may be permitted by regulations � or rulings of the lioard of County Conrnissioners, it shall be a breach of ethical standards for �, any employee who is participating directly or indirectty in the procurement process to become � or be, while such an employee, the employee of any person contracting with the governmental �� body by whom the employee is employed. Notice of this provision shall be provided in accordance with regulations promulgated by the Finance Department. ' � (2) Restrictions on Former Employees in Matters Connected with Their Former Duties. � �. (a) Permanent Disqualificatior. of Former Employee Personally Involved in a Par- ; �� ticular Matter. It sha e a reac o e ica s an ar s � a�t',�f�ner'- employee knowingly to act as a principal, or as an agent for anyone other C ��.�.�: ;� than the County, in connection with any: � (i) judicial or other proceeding, application, request for a ruling, or � ;:� other determination; � � (ii) contract; ..�y (iii) claim; or ,�a (iv) charge or controversy, in which the employee participated personally or substantially through - . �� decision, approval, disappproval, recommendation, rendering of advice, in- �; vestigation, or otherwise under the provisions of this Code, aihere the County ��, is a party or has direct and substantial interest. � '�'� (b) One Year Representation Res+riction Reqardina Matters for Which a Former tmpioyee tdas Officiall Res onsible. It shall be a breach of ethical standards, or any ormer emp oyee, within one year after cessation of the former � employee's official responsibility, knowingly to act as a principal, or as an agent for anyone other than the County, in connection with anyc s. • (i) judicial or other proceeding, application, request for a ruling, or � ' other determination; (ii) contract; �-` ' (iii) claim; or �• � (iv) charge or controversy, in matters which were within the former employee's official responsibility under the provisions of this Code, where the County 4 is a pai•ty-or has direct or substantial interest. k . (3) Disqualification of Business When an Employee Has a Financial Interest. It shall be a,� breach of ethical standards �or a business in which an employee has a ftnancial interest know- ingly to act as a principal, or as an agent for anyone other than the County, in connection � with any: =� (a) judicial or other proceeding, application, request for a ruling, or other � determination; �;., (b) contract; %-�•�, (c) claim; or �;-�"� (d) charge or controversy, �'`�� "° in which the employee either participates personally and substantially through decision, ap- proval, disapproval, recommendation, the rendering of advice, investigation, or otherwise under the provisions of this Code, or which is the subject of the employee's official responsibility under the provisions of this Code, where the County is a party or has direct or substantial interest. .� v � . a • ' � �� .� . -18- h�� , :�� ..»;�-,,-,;..'� ::ty , !Ji�:�;. . � � y } F."^�t� i��Li� � rr aX f�f" i �§ �'� � . -�� SixM7 iry�iF3 °�W �� y �'. �'"��` .�r r>; }�"'y Jl : ��^ r r; } 5 r � Y/ �Y,�� AY4 �� a �5 �i �i� '� J p � �+� �d .� }K ,�r t ��' .�+yti.Kr. � �. � � IS 1�4, iµ 5�`+�.?��I r+t��y ��F{ FN.� y yY Y .'7•� .:.�}�Z,�,,tZ i* ��'� t �. . � �,�ti�' (t� .:tµ ''�i � h.� r.�'�,fm t r r� �7 t�' �..�3'��Y ��79s . ....:...t..,+�r.:��-.t__.,�_.alt�G..�.e_ .�J.«t L�cJui:Ibui:K..s;�iF,�&i:'.:�i�......,...:..1:�'.. ^';:5��..:�'� 9i:. �.:�K3wk::"v:��. ftMi�:�tiip""1u�9`�i�'e�„�r fe;r= 1;;°! �:;:,� 1�'; 7-208 USE OF CONFIDENTIAL INFORMATION F•c. � �.`: It shall be a breach of ethical standards for any employee or former employee know- �:; inqly to use confidential infornration for actual or anticipated personal gain, or for the actual y-�' or anticipated personal gain of another person. � �� ' �<.: i:.-j �-'.,. 9:'s? , t�" Part C - Remedies ';l� 7-301 CIVIL AND ADMINISTRATIVE REMEDIES AGAINST EMPLOYEES WHO BREACH ETHICAL STANDARDS �j (1) Existing Remedies Not Impaired. Civil and administrative remedies against employees , �r,< which are in existence on the effective date of this Code shall not be impaired. !� :�: � �,,' (2) Sup�lemental Remedies. In addition to existing remedies for breach of the ethical �;; standards of thts Article or regulations promulgated hereunder, the Board of County Cormiissioners �{ may impose any one or more of the following: ��: ;a} oral or written warnings or reprimands; . K::' (b) suspension with or without pay for a specified period ofi time; and �,: ;�.; (c) termination of employment. # ''k (3) Right to Recover from Emplo ee Value Received in Breacfi of Ethical Standards. The ,<< value of anyth�ng received by an employee in breach of the ethica� standards of this Article �;;+ or regulations promulgated hereunder shall be recoverable by the County as provided in Section .iF�>� 7-303 (Recovery of Value Transferred or Received in Sreach of Ethical Standards). .�,. . �:,? (4j Due Process. All procedures under this Section shail be in accordance with due t;: process requirements and existing law. In addition, notice and an opportunity for a hearing '.'� shall be provided prior to imposition of any suspension or termination of empleyment. �.�� . :� ;� 7-302 CIVIL AKD ADMINISTRATIVE REMEDIES AGAINST NON-EMPLOYEES WHO BREACH ETNICAL STANDARD�: '" (1) Existing Remedies Not Impaired. Civil and administrative remedies against non- �F; employees which are in existence on the effective date of Lhis Code shall not be impaired. G-� ji`, (2) Supplemental Remedies. In addition to existing remedies for breach of the ethical �� standards of this Article or regulations promulgated hereunder, the Board of County Commissioners �r may impose any one or mora of the following: �` • (a) �•itten warnings or reprimands: � � (bj termination of transactions; and � (c) debarment or suspension from being a contractor or subcontractor under � �,:> County contracts. � � (3) Right to Recover from Non-Employee Value Transferred in Breach of Ethical Standards, ' The value of anything transferred in a trreach of ethica standards of this Article or regulationsj " ` .;� promulgated hereunder by a non-employee shall be recoverable by the County as provided in Section�: 7-303 (Recovery of Value Transferred or Received in Breach of Ethical Standards). r - (4) Right of the County to Debar or Suspend. Debarment or suspension may be imposed in .� accordance with the procedures set forth in Section 5-102 {Authority to Debar or Suspend) for breach of the ethical standards of this Article, provided that such action may not be taken without the concurrence of the County Attorney. , a - . , (5} Due Process . Al1 procedures under this Section shall be in accordance with due ; process requirem�nts, inc7uding, but not limited to, a right to;notice and an opportunity for � a hearing prior to imposition of any termination, debarment, or suspension from being a con- tractor or subcontractor under a County contract. • 7-303 RECOVERY OF VALUE TRANSFERRED OR RECEIVEO IN BREACH OF E7HICAL STAN�ARDS (1) General Provisions. The value of anything transferred or received in breach of the ethical standai�ds of this Article or regulations promulqated hereundor by an employee or a non- employee way be recuvered irom buLh Lli� ewNiuyee an�l nuii-uuNiuyac. ' � . � • -19- � ___ . � -— � .��.��.,,. �,; ' , ��y y��,� �� _ . ,. .. . ,.� .,. -:• . • �.� . .� �,' Y.'t i��K.,y1�,-;�' � n gi "�?r �..:�ii��4s��a��"f�'� . a��'�L'��.6..�'�w'{r;`+r t�'�/'3�n°:L��•�?�� ,'� n .� �.�2 ��t9 r� �i.. . �'�v.:-�. `;;r� � �. (2j Recovcry of Kickbacks by thc County. Upon�a showing that a subcontractor madc a � �� kickback to a prime contractor or a higher tier subcontractor in connection with thc award }f � of a subcontract or order thereunder, it shall be conclusively presumed that the anwunL ��,.,' thereof was included in the price of the subcontract or order and ultimately borne by the � County and will be recoverable hereunder from the recipient. In addition, said value may �`�`i also be recovered fro�n the subcontractor ma.king such kickbacks. Recovery from one offending ' . s.';,r °;�:� party shall not preclude recovery fl•om the o:.her uffenuing parties. � i��,� ' �f� , Part D - Opinions and Waivers ��: ; �f�-� � ':: 7-401 OPINIONS AND WAIVERS � f; -�= • � � ' (1} Advisory Opinions. On written request of employees or contractors, the Board of � :� County Commissioners may render advisory opinions regarding the appropriateness of the course � "� af conduct to be foltowed in proposed transactions. Compliance with requirements of a duly y" promulgated advisory opinion of the Board of County Commissioners shall be deemed to constitute � n compliance with the ethical standards of this Article. ��.�" (2) Waiver. On written request of an employee, the IIoard of County Commissioners may �°. grant an employee a Written waiver from the application of Section 7-203 (Employee Conflict of : �'� Interest) and grant permission to proceed with the transaction to such extent and upon such terms and conditions as may be specified. Such waiver and permission may be granted when the interests of the County so require or when the ethical conflict is insubstantial or remote. J _.i . ��8! I �� . �: • i ��. i 3 ' � �'�' i �� , �. � _ vd i a ,� � �.. �;� T°: . . � ' � I ; j . S . � . ' \ `f . � 'i . _ � . � � � . . 3 i _ � . . � � . � . � �. t . . . . . . � `20_ . . . . . ':;=:1:..�n . . . . . . . . .` .. r;��y, '`, , , '�;,., � , y ,� � n ��rr � z ,� fI j� �w ��.•r•��y�P 3�'F�,,��,^{��'4;�i.{f+Pic°I 6ir"j�.+e�+�3 j r.,i�i�1 i�H rti �'��'�5��,}�t��ti�# '�r .��k L .'�tir-r�9�`Y?^q ,�} �ik:�v4�.�.3 LV .^^e'i .:du x � ��L_.��!_d�,.v!_:Lk.f_�,..4K.}:Ji:�32,.U. .,Y'0.Y'�;:�'�ssd5:'�'�M'.5i�`'��IR�v r� 4 :�'MT 4 � I '�i L �)....J.� {....e.. i] i �, i r(f - The Aspen Times U-,, ;. .,�� ; , �� Box E r:•� Aspen, Colorado �:� , � Kw � � PROOF OF PUBL{CATION �. �.� STATE OF COLORADO ) COp}I Of NOYICO � � ) ss. ' County of Pitkln ) � William 8. Dunaway ,pUbIIC nOtlCe ` ' I, do solemnly swear that � - � � '�RESOLUTION OF THE��BOA&D�08- �COUNI7.COMDdI3�ONERSOP.PLTKIN , .. �� I am the Publisher of THE ASPEN TIMES; COUNT.Y COLORAnO�AUOM4NG A �`,.. �,� tha! the same is a weekly newspaper printed, ln whole or in part, '��DE A9 REQUQiSD.-, llY $ECTION-8.6.OP�THE�PITKIN�� and published in the County of Pitkin, Sta[e of Colorado, and has - .COUN.TY HOEAE xUL6 CFiARTER:. �� a general circulation theretn; that said news a er has been ub• "-� ��ON:8237"-- � �'�- . }� P P P Be it he+aby ed»�ed�tiut!tie Bossd�n[ e lished continuously and uninteauptedly in said County of Pitkin, Coun6 Ca�nie.mmn d Pitk;n County,. for a period of more than tittyh�m wnsecuti��e weeks next prior �°"d°''lid°°t�°12�h'LLy°fAp`il•�982, � �adopt tLe doiems�lond ieeolutiaa�ln so-, to the first puhlication of the annexed legal notice or advertisr mcdmmwithtbrremmmsadatinneoftM . �� mcnt; that said newspaper�has been addmltted to the Unllad States ��1OO"O°�'��k'0«`��Of�'°' mails as sewnd•class matter under the rovisions o[ the Act of �^�ution anvv.iiaWs in ths�Comty p �Clak'.OHiee durine-ra6Wu bu�imu - Merch 3, 2879, or any amendmentr thereof, and that said newa- �� .� �,� paper is a weekly newspapet duly qualified for publishing ]egal �pepntyCouoty'Clerk� .� ��: . noticea and advertisements with the meaning o1 the ]aws of the PuWiaLed in tL.Maen�Times Msy�18,�. - State of Colorado. 1e92 �� - � r . . . _ . . ... . . � t. ThOt the annexed legal natice or advertisemenl was pubtished 'r '. in the regular and entire issue of every�number of said weekly . f: r ` �. newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of sald r-�,�.� newspaper dated M&,y 13 q.D., 19 82 and that ` �` the last publication ot said notice a•as in the issue of said news- [; � �Y paper dated A.D., 19� L . lG I ��.L�l� ? . � ZI��Gy?� i' Subscrl6ed and sworn to before me,.a notary public in and for the Cou t of Pitkin, State of Colorado, this 1�_.day of �` �. A.D.. 19LG� � . _ � . /�'1/1 l' � � . Notary Public � My commission expires �� . . - ri:%::�_. . ' Wa�nmrd/:iU'6�.Teb9'�,ii�f�:�^i„'�a'i0.tAr;��`�.v.rab+r+�nwrw�w.w.+w��......�.—,..�...,.........-.�—�.__�_.�.,._ - . '_'__'_'__��:. . :C2. . . . , � ` ' . � . ' . :.�.�. -. . . . . . . . . . ' . ' . . �:'i. � � Y� . ; � � . �� .. �. . . . Jd.fiN'-.. . . . .� . . - . . f .� � � . . . . . � . � . . . . � . . . . . . . . - . . . \ . � � � � . . . .. . . � � •::s . _ .� . � .' . . . � . ' . , �. �1�' � . .. � . � ^'. �. .. _ . "?�. :�,i� , 1