HomeMy WebLinkAboutR14-003 Guidelines for Purchasing and Contracting Commissioner 0—)-11!)t---t, moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION 2014-0()� RESOLUTION ADOPTING GUIDELINES FOR PURCHASING AND CONTRACTING WHEREAS,the Eagle County Board of County Commissioners (hereinafter referred to as the"Board")previously adopted Resolution No. 2006-072 entitled Resolution Adopting Purchasing/Bidding/Request for Proposal Guidelines; and WHEREAS,the Board desires to update and clarify its guidelines for purchasing and contracting; and WHEREAS, this Resolution is intended to supersede and replace in all respects Resolution No. 2006-072; and WHEREAS,Exhibit A which is attached hereto and incorporated herein by reference, is intended as a guide for county purchasing and contracting. The guidelines should be used when feasible to ensure competitive pricing and rates for Eagle County; and WHEREAS, deviations from the guidelines set forth in Exhibit A may occur for valid business reasons and with justification to and approval of the County Manager or his designee, whenever possible,prior to the expenditure of Eagle County funds; and WHEREAS, Exhibit B entitled Administrative Policy 2014- 001 Contract Approval Process which is attached hereto and incorporated herein by reference, sets forth the current protocol to be followed when establishing contracts for Eagle County and delegates certain signature authority for contracts between the County Manager and Board. NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO THAT,the Guidelines for Purchasing and Contracting set forth in Exhibit A are hereby adopted by the Board as a suggested set of practices that may be used to obtain competitive pricing and protect the financial interests of Eagle County. THAT,the Contract Approval Process is hereby adopted as set forth in Exhibit B. As an Administrative Policy the Contract Approval Process may be amended or modified by the County Manager or his designee, from time to time without further action from the Board. However, any increase in the County Manager's contract signature authority shall require approval from the Board. THAT,the Board may amend or modify this Resolution and the Guidelines for Purchasing and Contracting as necessary for the public health, safety and welfare of the citizens of Eagle County, Colorado. THAT, the Board finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the Z( day of J(4 Au %4 2014. COUNTY OF EAGLE, STATE OF �►c COLORADO, By and Through Its ° BOARD OF COUNTY COMMISSIONERS 0 V ATTES • )? • * • * 4, 004 go • By: .Q fdo Clerk to the Board of - –�—°"`may Sara J. Fisher County Commissioners ./#.(-[...(7/ „zit ian H. Ryan Co • issionr; 9 Kathy C : dler-Henry Commissioner Commissioner e,pri e-+VJ U A - seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Fisher A- " Commissioner Ryan L Commissioner Chandler-Henry This resolution passed by b vote of the Board of County Commissioners. EXHIBIT A GUIDELINES FOR PURCHASING AND CONTRACTING The following guidelines are intended to allow Eagle County to obtain competitive pricing whenever feasible. The guidelines represent suggested practices that should be followed except when particular circumstances warrant an alternative process to protect the interests of Eagle County. Deviations from the guidelines must be for a valid business reason and should be justified to and approved by the County Manager or his designee whenever possible, prior to the expenditure of Eagle County funds. DOCUMENTED QUOTES. Documented quotes may be used for small and mid-sized projects as set forth below. Small projects include: Construction projects less than $25,000 Equipment and products less than$15,000 Professional services less than$15,000 For small projects the responsible staff person should obtain documented quotes through informal telephone proposals or quotes and maintain information supporting the basis for the selection in their files. Mid-sized projects include: Construction projects from $25,001 to $75,000 Equipment and products from $15,001 to $50,000 Professional Services from $15,001 to $50,000 For mid-sized projects the responsible staff person should obtain documented quotes including a minimum of three and up to five informal telephone proposals or quotes with documented written back up from contractors, vendors or service provides supporting the basis for the selection. If fewer than three quotes or proposals are obtained,justification to and approval of the County Manager is required. INVITATIONS TO BID (Sealed Bids), REQUESTS FOR PROPOSALS,REQUESTS FOR QUALIFICATIONS Invitations to Bid (Sealed Bids), Requests for Proposals and/or Requests for Qualifications as applicable, should be used for large projects. Large projects including: a. Construction projects over$75,001 b. Equipment and products over$50,001 c. Professional Services over $50,001 For large projects the responsible staff person should issue a Request for Qualifications and/or Proposals or Invitation to Bid(Sealed Bids) as appropriate to enable departmental flexibility for negotiation, creativity and expertise. CONTRACTS FOR WORK ON COUNTY HIGHWAYS Any work on county highways valued at$5,000 or more shall be advertised in a legal newspaper. Such advertisement shall describe the work to be done and its location and shall refer all persons to the person holding the plans and specifications. The award is required to be made to the lowest responsible bidder. See C.R.S. 43-2-209. LOCAL PREFERENCE A local preference, if any, may be set forth in the Invitation to Bid (Sealed Bid), Request for Proposals or Request for Qualifications and may include qualitative factors such as longevity in Eagle County, size or nature of workforce in Eagle County and other factors as identified. SELECTION CRITERIA Each Invitation to Bid, Request for Proposals or Request for Qualifications shall generally identify the criteria that will be used to evaluate a Bid, Proposal or Qualifications. The following is not an exhaustive list and is not listed in order of preference: a. Previous experience in Eagle County b. Previous experience with bidder or respondent c. Quality comparisons and life cycle costs d. Experience of bidder of respondent e. Price and life cycle (ongoing) costs f. Any other information deemed relevant by Eagle County BULK PURCHASING Bulk purchasing should be utilized whenever possible to take advantage of unit price reductions. POSTING AND PUBLICATION All Invitations to Bid, Requests for Proposals or Requests for Qualifications shall be posted on the Eagle County website. Notices may also appear in newspapers, trade journals or elsewhere as determined necessary by responsible staff. EXCEPTIONS The following matters represent exceptions to the guidelines referenced above: 1. State,federal or other government procurement or bidding. a. Matters that require compliance with state, federal or other formal procurement or bidding requirements. b. When a required product or service may be obtained via cooperation with state, federal or other governmental agency for a competitive price. 2. Sole Source. When product or service is provided by a single supplier or when provider has unique qualifications to provide the product or service. 3. Impractical/Emergencies. When compliance with Document Quotes, Sealed Bids, and Request for Proposals or Requests for Qualifications is not feasible or circumstances mandate immediate action. 4. Manager Approval. The County Manager may authorize an exception from these guidelines for good cause shown. 5. Intergovernmental Agreements. Agreements with other local entities should be utilized whenever possible. EXHIBIT B ADMINISTRATIVE POLICY 2014-001 CONTRACT APPROVAL PROCESS Purpose: To establish authorization levels and protocol for the County Manager to enter into contracts at the request of Eagle County Directors and to provide guidance for ensuring greater consistency across the various County Departments. Policy: 1. Directors may request the County Manager enter into contracts up to $25,000 without the prior approval of the Board of County Commissioners, so long as such funds have been appropriated through the Eagle County budget process (annual and supplemental budgets). 2. All purchases and contracts must be based upon budgeted appropriations. 3. Any contract greater than$25,000 must be placed on the Board of County Commissioner calendar for approval at a regular meeting of the Board. 4. If the item is a Memorandum of Understanding (MOU) and/or a contract with no dollar value, it must nonetheless fit within the Director's departmental goals and objectives and be entered into by either the County Manager or Board of County Commissioners. 5. Intergovernmental Agreements (IGA) must be approved by the Board of County Commissioners. 6. In the event of a conflict between the Eagle County Government Financial Management Policies and this Administrative Policy, the Eagle County Government Financial Management Policies shall govern. Procedures: 1. Departments are responsible for processing the contracts they receive and generate. 2. Prior to having a contract executed by either the County Manager (contracts up to $25,000), or the Board of County Commissioners (contracts greater than $25,000), the Director must obtain County Attorney's Office review and sign off"approved as to form" with signature block by both the County Attorney's Office and Administration. If any changes to the contract, however minor, have been made after County Attorney review and approval, the contract must be resubmitted for County Attorney review. 3. County Attorney review should be completed prior to sending the contract to the other contracting party. Sending draft agreements prior to County Attorney review is discouraged. 4. It is recommended that a non-alterable version of the contract be sent to the other contracting party for signature prior to County Manager or Board of County Commissioner signature. 5. At least two signed contracts should be obtained. While originals are strongly preferred, electronic signatures may be utilized in some instances depending upon the type and amount of the contract. See the Contracts Fact Sheet for more information. One signed original (or contract with electronic signatures) will be retained by the County Attorney's Office. All additional signed contracts will be returned to the requesting department for distribution to the contractor/vendor and/or departmental files. A contract number will be assigned at this time. 6. All payments related to a contract will reference the contract number assigned with a stamp or shall be written in the right hand corner. 7. All contracts should comply with Resolution No. 2014-03 p Y Resolution Adopting Guidelines for Purchasing and Contracting. m g c . g 8. This document supersedes Administrative Policy 2011-001 and any other existing contract approval policies.