ONANCOCK 1680 VIRGINIA'S EASTERN SHORE  Town Council: Bob Bloxom, Ray Burger, Thelma Gillespie, Joy Marino, Sarah Nock and Maphis Oswald  Mayor: Fletcher Fosque I Town Manager: Matt. Spuck  Town of Onancock Town Council Meeting December 20, 2021 at 7:00 p.m.  Agenda  1. Call to order and roll call 2. Pledge of Allegiance 4. Public Business: 5. Council Discussion 6. Publiccomment 7. Committee Reports: a. HRSD (Bob Bloxom) b. Waterfront (Bob Bloxom) Planning Commission (Bob Bloxom) d. Personnel (Joy Marino) 8. Mayor'sreport 9. Town Manager'sreport a. ARPA Project updates 10. Council comments 11. Closed session 12. Adjourn  3. Consideration and approval of meeting minutes from: a. November 22, 2021 Town Council meeting  a. Joint Public Hearing -71 Hartman Re- Zone to R-2, Multifamily Residence a. eVIew/DscusS/AdOPt Procurement Policy for Federally Funded Projects  b. Joint Public Hearing = Town Properties Re-Zone to Cultural, Recreational, and Community Facilities  a. Closed session to consider real estate transaction  151 North Street I Onancock, Virginia 23417 I 757.787.3363 I onancock.com    Onancock Town Council Meeting November 22, 2021  Town of Onancock Town Council Meeting November 22, 2021 7:00 p.m.  Call to Order and Roll Call:  Mayor Fosque called the meeting to order at 7:00 p.m. and roll was called. Mayor Fletcher Fosque and Councilmembers Robert Bloxom, Ray Burger, Joy Marino, Sarah Nock and Maphis Oswald were present. Councilmember Thelma Gillespie was present electronically. All members were present, and a quorum  was established.  The Pledge of Allegiance was recited.  Consideration and Approval of the October 25,2021 Regular Town Council Meeting Minutes: Mayor Fosque asked for any changes, additions or corrections to the minutes as submitted. With none, Councilmember Oswald made a motion to approve the minutes as presented. Councilmember Bloxom seconded the motion. The motion passed by unanimous voice vote.  Public Business: No public hearings scheduled. Council Discussion:  a. Discussion of Planning Commission Recommended Changes to Town Code Section 38-77, Special Exemptions: Mr. Spuck shared the following Planning Commission proposed changes to the  Special Exemption Code:  1. Operators of Bed and Breakfasts must live on: site. 2. Update on thet terms used for short-term rentals.  3. Special Use Permits for short-term rentals expires every three-years from the date of 4. Current owners must apply for the Special Use Permit. In situations of property sale contingent up Council's approval of the! Special Use Permit Application both the current 5. LLC's must disclose all individual members of the partnership since no one owner can have 6. The contact information for the property manager but be local and on file with the Onancock Police Department as well as provided to the property's immediate neighbors. 7. There must be al linear two-hundred feet and one tax parcel as defined by Accomack County 8. AH Homestay property cannot operate more than 90-days in a calendar year. 9. Properties will not allow more than two guests per bedroom and no more than four persons per bathroom, Nuclear families with children under the age of 18 are not limited to the 10. Property owners must provide to the Town, annually, proof ofi insurance for property damage and liability in an amount no less than the full replacement value of the structure as  issuance.  owner and purchaser may jointly apply. more than one Special Use Permit for this purpose.  between properties allowed for Homestay properties.  number of guests allowed.  it exists at the time of application.  1    Onancock Town Council Meeting November 22, 2021  Extensive Council discussion followed eachi item.  An majority of Council Members requested that the 90-day restriction be removed from the Mayor Fosque asked Mr. Spuck to supply Council with a map to review in more detail the 200- foot radius requirement between homestays at the next meeting. Mayor Fosque statedi that Council will continue to review this proposed language at the next Council meeting and that the 11. Police Response to Public Safety Concerns: Mr. Spuck shared with the Onancock Police Chief and staff have been working on a plan which centers around placing cameras around Town. The Town can either do Wi-Fi or cellular cameras and since the Town does not have Town wide Wi-Ficoverage the most likely scenario would be cellular cameras. The Town has secured a quote fort these cameras and the cost per camera per month with the cellular package is $130.00. The Chief is working on viability and functionality of the cameras as well  proposed language.  Public Hearing will be held at the. January 2022 Town Council meeting.  as placement oft them. Council discussion followed.  Councilmember Marino shared with she is working with the Police Department along with 12. ARPA Tourism Grant: Mr. Spuck shared that' Virginia Tourism has received a $50 million tourism grant and that Accomack County will be receiving $260,000 dollar oft those funds for tourism. Currently there are three Destination marketing Organization's (DMO) in Accomack County including the Town of Onancock. Accomack County has asked that the Eastern Shore Tourism administer these funds on their behalf. Mr. Spuck has had conversations with all parties involved advocating that the Onancock receive its own allocation of those funds since being our own DMO has value added. Once the allocation is determined he willl bel bringing his plan to expend the funds before Council. These funds can  others to come up with an attractive police officer recruitment plan.  only be used for tourism efforts.  Public Comments: No public comment has heard. Committee Reports:  a. HRSD, Robert Bloxom: Councilmember Bloxom deferred to Mr. Spuck's Town Manager's  Report.  b. Waterfront Committee, Robert Bloxom: Councilmember Bloxom shared Chairman T. Lee Byrd's Planning Commission, Robert Bloxom: Councilmember Bloxom shared that Chairwoman Judith Grier has resigned from the Planning Commission andi that Mr. Scott Schreiber has agreed to take over as the Commission Chair. The Commission also reviewed the current zoning for the  report which is attached.  2    Onancock' Town Council Meeting: November 22, 2021  business districts, and it has been decided that they need to spend more time on coming up with thoughtful changes. The Commission also reviewed an application for a rezone. Currently, the Eastern Shore Coalition. Against Domestic Violence (ESCADV) is selling their shelter on Hartman Avenue which is a duplex. The parcel is zoning R1A which does not allow for multifamily cohabitation. They have a sale pending the Town's approval of their rezone request. They are asking that it be rezoned to R2 which is multifamily friendly. The Planning Commission  consensus was the recommend the rezone to Town Council. d. Personnel Committee, Joy Marino: No meeting.  Mayor's Report: grant.  Mayor Fosque thanked Mrs. Lisa Fiege for her hard work on the Small Business Recovery Assistance  Town Manager's Report:  Mr. Spuck shared with Council his report whichi is attached.  a. ARPA Projects Updates: Council Comments:  Mayor Fosque shared that Councilmember Bloxom was vacating his seat at the end oft the year. Due to that upcoming vacancy Town Council would be going into Closed Session to interview applicants for Councilmember Oswald expressed concern over the employees that are slated to go with HRSD when the plant transfers, stating that some of them chose not to get vaccinated and therefore will not be able to be employed by HRSD. What is the plan to take care of those individuals? Mr. Spuck shared that he has been working with these employees towards a positive outcome which will be retirement. Councilmember Oswald also asked ift the business owner that currently provides lawn services to the Town has been informed that the Town will be taking that activity back in house. Mr. Spuck stated that he has been in contact with the owner's partner, and they are aware of the coming change. Councilmember Nock asked ift there was any movement on the lot the Town has for sale on Watson Street. Mr. .Spuck stated that there has not been any, sharing that the lot may not be priced right. Councilmember Nock asked ift there was any update on1 the Northeast Section grant. Mr. Spuck shared that he would be checking in with Mr. Eric Luchansky who had said initially that the application to the Virginia Department of Housing and Community Development would be ready around Thanksgiving. Councilmember Marino made a motion to enter a closed. session pursuant to $2.1-3711 (A)(1)to interview and consider appointment, for the upcoming Town Council vacancy. Councilmember Gillespie  Councilmember Bloxom'sseat.  Closed Session:  seconded the motion. The motion passed by unanimous voice vote. Town Council entered closed session at 8:35 p.m.  3    Onancock Town Council Meeting- November 22, 2021  Councilmember Marino made a motion to end close session and certify that no other discussion was held other than described in the motion to enter close session. Councilmember Oswald: seconded the motion,  and a roll call vote was taken. Robert Bloxom Thelma Gillespie Sarah Nock  Absent No No  Ray Burger Joy Marino Maphis Oswald  No No No  Town Council reconvened open session at 9:23p p.m.  Councilmember Marino made a motion to appoint Mrs. Cindy Holdren toj fill the vacancy on the Town Councile effective immediately, following the December. 20, 2021 meeting until December 31, 2022. Councilmember Nock seconded the motion. The motion passed by unanimous voice vote.  Adiourn:  Councilmember Gillespie made a motion to adjourn. Councilmember Nock: seconded the motion. The  motion passed by unanimous voice vote. The meeting adjourned at 9:25 p.m.  Fletcher Fosque, Mayor  Lisa Fiege, Deputy Clerk  4    Included as palt of  ONANCOCK 160 /2z/21 MINles  VIRGINIA'S EASTERN SHORE  Town Council: Bob Bloxom, Ray Burger, Thelma Gillespie, Joy Marino, Sarah Nock and Maphis Oswald  Mayor: Fletcher Fosque I Town Manager: Matt Spuck  Town Manager Report November 22, 2021  HRSD  USDA in D.C. has all the information they requested, and we are simply waiting to hear about their final decision regarding any repayment requirements of the grant portion of the original USDA bond used to All other tasks, to the best of myl knowledge, have been provided and once we hear back, we will be ready  construct the wastewater treatment plant. too close on the transfer immediately.  After we close, we will begin the process to transfer the Town's collection system. Ifthe project cannot be completed by April 1, we will delay until next fall. assigned personnel to review our application. We have not received permits yet.  Bulkhead  The County' Wetlands has advised us that this project does not require a permit. VMRC and ACE have We received a grant of $270,000 from VPA and another grant of $64,500 from BIG fori this project. It should require little, if any, Town contribution. ifanyf funds are required, Council already budgeted for it in the use  ofr reserves for grant-matching. All tax bilis were distributed on-time.  Tax Season  The decision Council made to eliminate vehicle decals and add thei fee to property tax bills simplified the There is some information that we can share more clearly on the bills next year. This was the first time we We have approached the County about trying to get the data files to us al little sooner (Chincoteague and Ifyou would like communication from the Town for local issues (like hydrant flushing, traffic issues, etc.):  process for residents and likely generated increased revenue. did this in house, and we will make those improvements each year.  Onancock both prepare taxl bills in house).  Town Communications  By Text: Text the word ONANCOCK to! 91896  By Email: Give your email address to any employee in Town Hall.  Small Business Recovery Grant  The term for this grant has expired.  We have received a clean report from DHCH for our grant compliance. The total amount distributed to 30 Onancock businesses is $346,290.38. grants are SWAM (Small, Women-owned, Minority-owned)  We provided meaningful support to 6 nonprofit organizations and 75% oft the businesses that received  Department of Public Works  The town is transitioning into our normal festive Christmas town! Craig has joined DPW until the Wharf re- opens ine early Spring. We will begin to interview for the second sloti in February.  15 North Street I Onancock, Virginia 23417 I 757.787.3363 I onancock.com    Included as pari6 "zz/z1 Minuta  Virginia Tourism Grant  Accomack County received $260,0001 from the VTC. The DMO's are charged with: submitting as spending plan Onancocki is one of the 3 DMO's in the County (The Tourism Commission and Chincoteague are the other 2). The Tourism Commission has agreed to administer the effort of preparing a County-wide spending plan. The Commission is a regional body and will likely perform the service for Northampton County as well, who received $100,000 (and the Commission and Cape Charles are the 2 DMO's ini that locality) As part of our being al DMO, wel have a spending plan in place already, but once we learn of the amount earmarked for Onancock, will put that list before Council for prioritization: and approval (working with OMS We are completing the preparation for the 2021 financial audit, which should take place over the holidays We distributed a newsletter of the rack card prepared by OBCA that outlines the events for.  tot the County for how best to spend these funds.  asv well) 2021 Audit Christmas in Onancock Police  Thet two officers attending the police academy are performing well and willj join the department here after completion in early January. They will need 240 hours of supervision after they return before they are fully Both new police vehicles have been delivered- - BUT, there was a mechanical issue with the last car andi itis Lisa has given her notice that her last day working for the Town will be at the end of December.  certified as Onancock Police Officers. back at the dealership being repaired. This is a huge loss for thet town and the office. The first ad rani in the Post on the 19th. We: are going to move as quickly as possible. release valves located throughout town. This project will take about a month more.  Staff Change  The hiring process has been shared with Council and the interviewi team.  Water Tower  The tower is offline and water pressure in Town is managed by the pumps at1 the wells and the pressure Ihave been trying to communicate any changes or possible disruptions to service as Iknow of them.  Misc. Small Projects  Pedestals for the wharf (purchased with 2020 BIG funds) is beginning  The White Oak project is resuming now that work on it will bel less distressing to the tree. Remaining tasks are lightning protection, branch cabling, high limb removal, and ground cover and asphalt removal. lam researching and writing an ordinance to govern the development of property contiguous to paper roads. Council has asked me to write this quickly and bypass Planning Commission. Iwill have this lam arranging for the County to print a new mark-up copy oft the zoning map: sO1 that we can geti it updated Dog Park- -I lam asking for al larger printout of the property to allow for community design. Ifound another Ineedi to update the town purchasing policy to include items from the federal code 2CFR 200 so that our  prepared for the December meeting.  and ready for review, as per the Comprehensive Plan, by Planning Commission resource other than the survey company -t they do not have time to help. internal policy mirrors the federal code for ARPA: spending purposes.  Page 2of2    STAFF REPORT  7Hartman Ave., Onancock, VA 23417  To: Case Number: Tax Map: General Information Applicant Owner of Record Requested. Action Location Existing Land Use Adjacent Land Use  Town Council Re-Zoning 12:21:01 85A3-A-6A  Date: December 20, 2021 From: Matt Spuck  Eastern Shore Coalition Against Domestic Violence Eastern Shore Coalition Against Domestic Violence Re-Zone property from R1-At to R-2 7H Hartman Ave, Onancock, VA 23417 Single family residences and multifamily residences, also next to ball fields, water tower, DPW' Yard, and Sewer pump station  R1-A  Analysis  The property currently operates as a mut-amlyresidence. Thezoning needs to change to meet  its current and future use. Conclusion  Town Code section 38-110 and 38-111 describe the purpose of the R-2 zoning classification. This property matches those terms exactly. The Planning Commission has reviewed the application and unanimously approved the recommendation to Town Council that the property  be rezoned. Suggested Motion  Mr. Mayor,lmove to approve the rezoning of the property located at 7 Hartman Avenue in  Onancock, tax map ID 85A3-A-6A, from R1-A to R2 with no conditions.    Town of Onancock, Virginia Application for Rezoning  Owner of Record: ESCADV Address: 155 MarkefSe  Applicant of Record: ESCADV Address: 7HAman AnR  City, State and GmarklA2r7ans State, and2 Zip: 00WAW/G.NA.2547  Email:  Email: Phone:  Phone: 787-1959 Representative: Pahicie Dedse Boary Fiesident Address: City, State and Zip: Email: Phone:.  Note: If applicant is anyone other than the owner of record, written authorization by the owner designate the applicant as the authorized agent for all matters concerning the request shall bei filed with this application.  Tax! Map & Parcels: SA3A00X0OeAD  Acreage:  Current Zoning:  LIA  Deed Book Reference(s):  Deed Restrictions: (Y/N), if Yes attacha a copy: Location of Parcel: 1HAMOn Auc Requested Zoning: 2a-muhgmly Proposed Use of Property: muhaMily  Affidavit to Accompany Petition for Rezoning  Bys signing this application, the undersigned owner/applicant authorizes entry onto the property' by Town Employees, the Planning Commission and the Town Council during the normal discharge of their duties in regard to this request. I/We, being duly sworn, depose and sayt that we are Owner/Contract Owner of the property involved in this application and that we have familiarized ourselves with the rules and regulations of the Zoning Ordinance with respect to preparing and filing this application, and that the forgoing statements and answers herein contained and any attached informationi to the best of our ability present the argument on behalf of the  application herewith.        STAFF REPORT Onancock, VA 23417  To: Case Number: Tax Map:  Town Council Re-Zoning Town Property  Date: December 20, 2021 From: Matt Spuck  85A1-A-40 to 42, 85A3-A27,85A29-28, 85A4,A8,85A2-A39  General Information Applicant Owner of Record Requested. Action Location Existing Land Use Adjacent Land Use Analysis  Town of Onancock Town of Onancock Open Space) Town property Primarily residential  Re-Zone town-owned property to POS (Parks and Multiple (above) Onancock, VA 23417  The town-owned property listed above is more accurately zoned as POS (Parks and Open Space) as defined by Town Code Article VIII in Chapter 38, Zoning. The statements of intent and  permitted use are copied herein:  Sec. 38-229. - Statement of intent.  The Parks and Open Spaces District (POS) is composed of several areas used as public parks, public recreation facilities, and open spaces. The regulations for this district are designed to enhance the aesthetic appeal of the town, to promote the public health of residents, and to provide public (Code 1989, $24-51; Ord. eff. 6-5-1962; Ord. of3-24-1997; Amd. of7-14-1997)  recreation facilities.  Sec. 38-230. - Principal permitted uses. matter of right in the Parks and Open Spaces District (POS): (2)Publicly-owned parks and recreational facilities.  Thei following uses shall be permitted, subject to all other requirements of this chapter, asa  (1) Open undeveloped spaces.  (Code 1989,524-52; Ord. eff. 6-5-1962; Ord. of3-24-1997; Amd. of7-14-1997)    Conclusion  The current and future use of town-owned land listed above aligns with thei intent of the POS zoning classification. The listed properties have been reviewed by the Planning Commission, which unanimously agreed to the rezoning. Tonight, we have a public hearing to ensure the Onancock community and adjacent property owners' voices are heard and considered in the process. Town management recommends the properties be re-zoned to POS.  Suggested Motion  Mr. Mayor,lmove to approve rezone the following properties with no conditions:  85A1-A-40 through 42, from Business Waterfront to POS. 85A3-A-27 from Business Highway to POS. 85A2-9-28 and 85A4-A-8 from R1-B to POS. 85A2-A-39 from R1-AtoP POS.                    ONANCOCK 1680 VIRGINIA'S EASTERN SHORE  Town Council: Bob Bloxom, Ray Burger, Thelma Gillespie, Joy Marino, Sarah Nock and Maphis Oswald  Mayor: Fletcher Fosque I Town Manager: Matt Spuck  The Town Procurement Policy needs to be amended to include an enhanced policy to ensure compliance with federal procurement policies when the project or item is funded with  federal dollars.  The attached Procurement Checklist ensures compliance with Federal Code 2 C.F.R. Part  200, which governs federally funded purchases.  In the near future, lwill suggest minor edits to the existing Town of Onancock Procurement Policy, both to align with current state and federal best practices, and also given our rural  location, to better support supporting local vendors when reasonable.  15 North Street L Onancock, Virginia 23417 1 757.787.3363 I onancock.com    ONANCOCK 1680 VIROINIA'S EASTERN SHORE  Town Council: Bob Bloxom, Ray Burger, Thelma Gillespie, Joy Marino, Sarah Nock and Maphis Oswald  Mayor: Fletcher Fosque I Town Manager: Matt Spuck  Procurement Checklist - Compliance with 2C.F.R. Part 200 To be used when project is Federally Funded  This checklist was created by FEMA: and modified by the Town of Onancock to provide additional guidance. The Town should use this checklist as a guide to review each procurement and any resulting contract that is, or may be, funded in whole or in part using federal financial assistance (e.g., grants or cooperative agreements). Successful completion of the checklist willl help to ensure compliance with the procurement standards of the government-wide Uniform. Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, at20 C.F.R. Instructions: Each oft the: standards provided below is followed by a checkbox for "Yes," "No," or in some cases, "Not Applicable. " Boxes highlighted in Redi indicate that the response which, if checked, indicates that the purchase or  $5200.317 through 200.326.  contract does not comply with federal requirements.  1) General Requirement  The Town of Onancock Town Council has adopted and currently adheres to procurement policies which reflect applicable State and local laws and regulations $200.318(a))? 0 YES D NO (1) Have the procedures followed for this procurement adhered to that policy? OYES ONO i) The Town of Onancock is responsible to oversee the purchase or contract to ensure that all terms, conditions, and specifications align with contracts or purchase orders (5200.318(b)). Dy YES ONO iii) The Town of Onancock Town Council maintains written standards of conduct covering conflicts ofi interest (including organizational conflicts of interest) and governing the performance of employees engaged in the section, award, and administration of purchases or contracts (9200.318(c))? D YES D NO (1) Does any employee, elected official, officer, or agent participating in the selection, award, or administration of a purchase or contract supported by a Federal award have an actual or apparent (2) Has any employee, elected official, officer or agent participating in the selection, award, or administration of a purchase or contract supported by a Federal award solicited and/or accepted gratuities, favors, or anything of monetary value from contractors or any party to contracts? iv) Itist the policy of the Town of Onancock to avoid acquisition of unnecessary or duplicative items. When appropriate, the Town of Onancock considers breaking out or consolidating procurements to a more  conflict of interest?' YES ONO  OYES ONO  Suchac conflict would arise when:  The employee, elected official, officer or agent, Any member of his or her family, His or her partner, or selected to the award.  An organization which employs, or is about to employ, any of the above, has a financial or other interest int thei firm  15 North Street I Onancock, Virginia 23417 I 757.787.3363 I onancock.com    economical purchase. When appropriate, the Town of Onancock considers lease Vs. purchase alternatives v) For construction contracts, the Town of Onancock considers using value engineering clauses? for projects sufficient in size to offer reasonable opportunities for cost reductions (5200.318(g)). OYES ONO vi) The contract is being awarded to a responsible contractor or vendor possessing the ability to perform successfully under the terms and conditions of the procurement, considering such matters as integrity, compliance with public policy, record of past performance, and financial and technical resources vii) The Town of Onancock requires maintenance of records sufficient to detail the history of the procurement, including but not limited to, records documenting the rationale for the method of procurement, selection of the contract type, contractor or vendor selection or rejection, and the basis for the price and this vii) Is the contract at time-and-materials or time-and-equpment contract $200.318(j)? OYES ONO (1) Ifso, has the Town of Onancock documented why no other contract type is suitable (see section 16of (2) Ifso, does the contract include a ceiling price that the contractor exceeds at its own risk? $200.318 (jX1) (3) Ifso, does the Town of Onancock have inj place procedures to assert al high degree of contractor oversight in order to obtain reasonable assurance that the contractor is using efficient methods and ix) The Town of Onancock is responsible, ina accordance with good administrative practice and sound business judgement, for the: settlement of all contractual and administrative issues arising out of procurements"?  ($200.318(d)).  OYES ON NO  (5200.318(h)). OYES D NO  procurement adheres to this town policy ($200.318(). OYES ONO  the Federal Acquisition Regulation) $200.318 ()(1)  OYES D NO  OYES D NO  effective cost controls? $200.318 (X(2) DYES ONO  5200.318(k) D YES D NO  2) Competition:  a) All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. Does this procurement involve any oft the following?* 9200.319(a) Placing unreasonable requirements on firms in order to qualify them to do business? OYESONO ii) Noncompetitive pricing practices between firms or between affiliated companies?5 DYES NO iv) Noncompetitive contracts to consultants that are on retainer contracts?6 OYES ONO performance or other relevant requirements oft the procurement? a YES ONO vii) Any arbitrary action int the procurement process? D YES ONO  ii) Requiring unnecessary experience and excessive bonding? 0 YES ONO  v) Organizational conflicts ofi interest? OYESONO  vi) Specifying a "brand name" product instead of allowing "an equal" product to be offered and describing the b) Was the contractor or vendor that is bidding on the procurement involved with developing or drafting the specifications, requirements, or statement of work, invitation for bids, or request for proposals? (if so, the firm must be excluded from competing for such procurements.): 5200.319 (a) D YES D NO D N/A Does the contract include a state or local geographic preference for local contractors? D YES ONO  a) Inadditioni to complying with the Town's policy, confirm the solicitation:  Value engineering is a systemic and creative analysis of each contract item or task to ensure that its essential function is 4This list in non-exclusive and only serves as an example of some types of situations that are considered to be restrictive of  provided at the overall lower cost.  3These issues include source evaluation, protests, disputes, and claims.  competition.  SFor example, bid suppression or bid rigging  6For example, out-of-scope disaster work added to the consultant's work on retainer.  'Geographic preferences are generally not allowed under federal grants. However, geographic location may be as selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to  compete for the award.  Page 2 of6    i) Incorporates a clear and accurate description oft the technical requirements for the material, product, or ii) Identifies all requirements which the offerors must fulfill and all other factors to be used in evaluating bids e) Ist the Town of Onancock using a prequalified list of persons, firms, or products which are used in acquiring ii) Ifso, does the list include enough qualified sources to ensure maximum open and free competition? iii) Ifso, were any potential bidders precluded from qualifying during the solicitation period? OYES ONO  service to be procured. $200.319 (c)(1) D YES and proposals. $200.319 (c)(2) OYES ONO goods and services? $200.319(d) D YES ONO i) Ifso, is the list current? D YES ONO  ONO  OYES ONO  3) Method of Procurement  a) Confirm that one of thet following acceptable methods of procurement was used $200.320: Micro-purchase (i.e., purchase below $3,500, see $200.67, Micro-purchases) 5200.320(a) (1) Note: Micro-purchases may be awarded without soliciting competitive bidsi if the Town Manager (2) To the extent practicable, the Town of Onancock distributes micro-purchases equitablyamong qualified (1) Note: Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than thei federal small purchase (2) Did the Town of Onancock obtain price or rate quotations from at least three qualified sources? DYES D NO If no, and (a) or (b) below are not' "Yes" this purchase does not qualify for federal support (a) Ifno, was thei invitation for bids distributed widely enough to allow for qualified firms or vendorst to (i) Note: for purchases made under state contract, competitive bids are not required for  DYES ONO! D N/A  believes the price is reasonable. vendors or firms. D YES 0 NO D N/A ii) Small Purchases $200.320 (b) D YES D NO D N/A  threshold of $150,000.  respond, ifi interested OYES Or NO (b) Ifno, was state contract used for purchases?  procurement below $150,000 OYES ONO  iii) Sealed Bids $200.320 (cs DYES ONO  (1) Note: Bids are publicly solicited, and at firm price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest price. Sealed bidding is the preferred method for procuring construction. (2) Are ALL oft thet following conditions to use sealed bidding present? $200.320 (c)(1) OYES ONO (a) A complete, adequate, and realistic specification or purchase description is available? Dy YES ONO (b) Two or more responsible bidders are willing and able to compete effectively for the business? (c) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder  OYES ONO  can be made principally on thel basis of price? D YES D NO (3) Ifsealed bids are used, the following requirements apply $200.320 (c) (2)? (a) Was the: solicitation publicly advertised? OYES ON NO  (b) Did the Town: solicit bids from an adequate number of known suppliers, providing them sufficient  response time prior to the date set for opening the bids?9 Dy YES ONO  Sealed bidding is generally used where price is the most important evaluation factor. Accordingly, a contract awarded under sealed bidding method ofp procurement is made tot the bidder submitting thei lowest prices, responsive and responsible bid. "Responsive" refers to whether the bidder meets all the material requirements oft the solicitation, while "responsibility" is described Therei is no definition of "adequate number" and while left undefined, the Town of Onançock is likely to meet this requirement  in $200.318 (h).  through the application of "full and open competition."  Page 2of6    (c) Did thei invitation for bids include any specifications and pertinent attachments, and define the items or services in order for the bidder to properly respond? DYES D NO (d) Did the Town open all bids at the same time and place prescribed in the invitation for bids? (f) Did the Town of Onancock: award at firm fixed price contract award in writing to the lowest (g) If any bids were rejected, was there sound documented support for the decision to reject? (1) Note: The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is warded. Itis (2) The Town of Onancock publicize the Request for Proposals (RFPs) and identify all evaluation factors and (3) Did Onancock solicit proposals from an adequate number of resources?1 OYES ONO (4) Did Onancock have a written method for conducting technical evaluations of the proposals received for (5) Did Onancock award the contract to the responsible firm whose proposal is most advantageous to the (6) Note: The Town of Onancock may use competitive proposal procedures for qualifications-based procurement of archtectura/engineering (A/E) professional services whereby competitors' qualifications are evaluated, and the most qualified competitor is selected, subject to negotiation of fair andreasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E services. It cannot be used to purchase other types of services. (1) Note: Procurement by noncompetitive proposals is an acceptable method of procurement under certain circumstances, where solicitation of proposals occurs from only one source or a limited number of  DYES ONO  (e) Were the bids opened publicly? D YES D NO responsive and responsible bidder? 0 YES ONO  OYES D NO ON/A  iv) Procurement by competitive proposalso $200.320 (d) D YES ONO  generally used when conditions are not appropriate for use of sealed bids.  their relative importance? 0 YES ON NO selecting recipients? D YES ONO  town, with price and others considered? OYES ONO  Noncompetitive proposals $200.320 (f) OYES ONO  sources.  (2) Does one or more of the following circumstances apply? OYES ONO (a) The item is available only from a single source? D YES ONO  (b) The public emergency or emergency for the requirement will not permit a delay resulting from (c) The Federal awarding agency or pass-through entity expressly authorized noncompetitive proposals (d) After solicitation of a number of sources, competition is determined inadequate.3 OYES ONO  competitive solicitation.12 OYES D NO  inr response to the Town's written request. D YES ONO  10 Whereas contract awards under the sealed bidding are focused on selecting the lowest responsive bid, under this competitive procurement method, the Town of Onancock may prioritize non-price factors, such as technical capability or past performance, over price and therefore award a contract to a contractor whose proposal not thel lowest priced offer but reflects al better overall value to 11 Therei is no specific definitions for "adequate number" of qualified resources under the competitive procurement method. While left undefined, the Town of Onancock is likely to meet this requirement through the applications of "full and open 12An "exigency" or "emergency" is as situation that calls for immediate action that will not permit the delay resulting froma competitive solicitation. Use of public exigency or emergency is only permissible during the actual emergency circumstance. Once the exigent or emergency circumstances cease to exist, Town of Onancock transitions to a more appropriate method of contracting 13B Before usingt this exception, the Town reviewed the solicitation and how it was publicized to ensure that it was not inadvertently draftedi ina a manner tor reduce ore eliminate competition, which resultedi in the receipt of one or no proposals. Ifthisis  the Town (e.g., "best value" contracting).  competition."  for goods or services using full and open competition.  the case, Onancock revises thes solicitation to resolve competitive concerns.  Page 2of6    (e) Consistent with the Town's Standard of Conduct and Procurement Policy, for any contract with an estimated value more than the Simplified. Acquisition Threshold which, pursuant to 41 U.S.C. $403(1), is currently listed as $150,000, Onancock Town Council approved the non-competitive  proposals method as appropriate. OYES ON NO  4) Contracting with Small, Woman or Minority Owned Businesses (SWAM)  a) Onancock has taken the following affirmative action steps to assure that minority businesses, and woman's business enterprises firms are used when possible. $200.321 D YES ONO D N/A (must document) Onancock places SWAM businesses on solicitation lists. DY YES ONO D N/A (must document) ii) Onancock assures SWAM businesses are: solicited whenever they are potential sources. il) Onancock divides total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by SWAM businesses. OYES DI NO ON/A (must document) iv) Establish delivery schedules, where the requirement permits, which encourage participation by SWAM Onancock uses, when feasible, such organizations such as Small Business Administration. and the Minority Business Development Agency of the Department of Commerce. OYES D NO D N/A (must document) vi) Onancock requires the prime contractor, if subcontractors are used, to take affirmative action steps as listed a) Ifthe contract amount (including contract modifications) exceeds $150,000, the Town of Onancock makes an independent estimate of the project cost before receiving bids. $200.323(a) OYES ONO ON/A b) Onancock negotiates profit as a separate element for each contract in which there is no price competition andi in c) Is the contract a "cost plus percentage of cost" or "percentage cost contract?" Note: This form of contract is prohibited under Federal procurement standards andi ineligible for reimbursement. $200.323 (d) D YES ONO a) For construction or facility improvement contracts exceeding $150,000, does the procurement include the i) AL bid guarantee from each bidder equivalent to five percent of the bid price. OYES ONO D N/A (1) Note: The "bid guarantee" must consist ofaf firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying al bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (2) A performance bond on the part of the contractor for 100 percent of the contract price D YES ONO (a) Note: A "performance bond" is one executed in connection with a contract to secure fulfillment of (3) Ap payment bond on the part of the contractor for 100 percent of the contract price OYES D NO (a) A' "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for the  OYES D NO D N/A (must document)  businesses. D YES D NO D N/A (must document)  above. OYES 0 NO D N/A (must document)  5) Contract cost and price  all cases where a cost analysis is performed. $200.323 (b) DYES ONO ON N/A  6) Bonding requirements for construction or facility improvement contracts exceeding $150,000  following? D YES ON NO D N/A  all the contractor's obligations under such contract.  contract.  7) Does the contract include the following clauses?  a) Ifthe contract amount exceeds $150,000, does it address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for sanctions and penalties? b) If1 the contract amount exceeds $10,000, does it address termination for cause and for convenience, including the manner by which it willl be effected and thel basis for settlement. D YES D NO D N/A c) Ifiti is for construction, does it include the required Equal Employment Opportunity clause?14 OYES ONO D  OYES D NO ON/A  N/A  14 Thet text of the clause mayl be found at 41 C.F.R. Part 60-1.4(b)  Page 2of6    d) For construction projects, does the contract include al Davis-Bacon Act clause and a Copeland "Anti-Kickback" e) If the contract exceeds $100,000 and involves the employment ofr mechanics or laborers, does the contract Ift the contract or subgrant exceeds $150,000, does the contract include clauses addressing the Clean Air Act and  Act clause addressing prevailing wage rates? OYES 0 NO 0 N/A  include a Contract Work Hours and Standard! Safety Clause? D YES ONO ON/A the Federal Water Pollution Control Act? D YES ONO ON/A g) Does the contract include a Suspension and Debarment clause? 15 YES 0 NO ON/A Does the contract include and Anti-Lobbying clause?16 DYES D NO ON/A  Does the contract include a clause requiring the contractor to maximize use ofrecovered/resycled materials? Does the contract include a changes clause that described how, if at all, changes can be made by either party to alter the method, price, or schedule of work without breaching the contract? OYES ONO recommended, not k) Does the contract include a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing access to records, Does the contract include a provision prohibiting the contractor from using any town or federal agencyseal, m) Does the contract include and acknowledgement that federal financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable federal laws, regulations, executive orders, andi federal agency policies, procedures, and directives? OYES ONO n) Does the contract include a provision stating that the Federal government is not a party to the contract and is not subject to any obligation or liabilities to any party pertaining to any matter resulting from the contract? o) Does the contract include a provision that the contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the actions pertaining to the contract?  5200.317, $200.322 DYES ONO D N/A  required)  accounts, documents, information, facilities, and staff? OYES ONO logo, or flags without prior written consent? OYES D NO  OYES D NO OYES 0 NO  END OF CHECKLIST  15A prospective contractor that is listed ont the government wide Excluded Parties List System in SAM.gov as suspended or 16The clause may read substantially as follows: Byrd Anti-Lobbying Amendment, 31 U.S.C. 51352 (as amended). Contractors who apply or bid for an award of $100,000 or more shalli filet the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization fori influencing or attempting toi influence an officer or anye employee ofa any agency, member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. $1352. Each tier shall also disclose anyl lobbying with non-Federal funds that takes place in connection with obtaining any federal award. Such disclosures  debarred, cannot be awarded a contract funded with Federal assistance.  are forwarded from tier to tier upt to the recipient.  Page 20 of6    TOWN OF ONANCOCK, VA PROCUREMENT POLICY  February, 2019  Section 1- Organization  The Town Manager supervises all procurement on behalf of the Town. The Town Manager shall adhere to and comply with the rules and regulations consistent with this policy and the laws of the Commonwealth of Virginia, if applicable, governing the function of Town Procurement. The Town Manager shall propose amendments to this The Town Manager shall coordinate procurement procedures among departments and shall ensure procurement actions are properly documented and maintain all related records. Records shall be kept for each procurement that document adherence to this policy. TheTown will make every effort to obtain the highest quality goods and services at the best possible price. All procurement procedures will be conducted in a fair and  Procurement Policy from time to time as needed.  impartial manner with the avoidance ofany impropriety.  Section 2- Conflict of Interest  When conducting business, the Town expects its employees, Advisory Boards and Council members to treat every supplier on a fair and equitable basis. Pursuant to the Virginia Conflict of Interests Act Title 2.2, Chapter 31 of the Code of Virginia, Town officers, employees and Council members should have no financial relationship with any entity with which the Town does business or with any potential supplier unless such relationship is disclosed in writing to the Town Council prior to such procurement being Tor reduce the potential for conflicts ofinterest, abuse of position, or even the appearance ofimpropriety, the Town discourages employees or officials from accepting any gift from organizations, business conçerns or individuals with which they have, or may have in the future, business relationships with the Town. Employees and officials may receive an occasional meal, promotional items routinely distributed by vendors and de-minimis Under no circumstances shall any employee purchase materials, goods or services from a supplier for personal use by giving the impression that the procurement is for the Town. Ifas supplier makes a general practice of providing discounts to Town employees or officials, then the Town employee or official may accept these discounts on their personal purchases, however the vendor must not name the Town as the customer or purchaser.  made.  holiday gifts.  1    Section 3-1 Disclaimer of Responsibility  The Town will not be responsible for or liable for any expenditure or agreement for expenditure made by an authorized Town employee or official who fails to follow this policy. It is considered a "breach of duty" on the part of any employee or official who procures goods or services not consistent with this policy. Any breach will be reported to The Town Council may disclaim responsibility and liability for any expenditure or agreement for expenditure arising from a procurement for goods and services made in its name or in the name of any governmental department under its fiscal authority, by an unauthorized person acting outside this policy. The cost ofany such disclaimed transaction will become the personal liability of the individual who acted improperly. Employees should understand that violation of the policy might subject the employee to disciplinary  the Town Council in writing.  action including, without limitation, termination of employment.  Section 4 - Procurement Policies 4(A) - Purchases over $50,000  Whenever the Town seeks to procure goods or services estimated to cost more than $50,000, a formal Invitation to Bid or a Request for Proposal shall bei issued and subject to Town Council approval. Purchases shall not be split to avoid the $50,000 limit. Any written Invitation tol Bid orl Request for Proposal shall describe adequately the goods or services requested, quantity and required delivery specifications. The Town Manager shall compile a list of all vendors or contractors from whom quotes or bids have been requested and the quotes or bids offered. Information gathered in complying with this procedure shall be filed with the documentation supporting the subsequent purchase or An Invitation tol Bid orl Request for Proposal shall either be advertised in ai newspaper of general circulation or posted in a designated public area at least ten days prior to the date bids are due. Responses to Invitations to Bid and Requests for Proposal will be treated as "competitive sealed bids" and will remain unopened until the date and time specified The Town Manager shall have the authority to waive minor informalities in bids/proposals, reject all bids/proposals, or parts ofall bids/proposals when, in the Town Manager's judgment, the public interest is not served. The Town Manager shall determine the responsibility ofal bid or proposal and responsiveness ofal bid. The Town Council must approve the award ofall contracts with total value in excess of $50,000. Award shall be made to the lowest responsive and responsible vendor that  contract.  in the advertisement.  2    supplied a bid/proposal or to the vendor deemed most likely to be able to deliver the  product or service in a workmanlike and timely manner. 4(B) - Purchases between $25,000 to $50,000  Purchases ofless than $50,000 but more than $25,000 will require a written Request for Proposal and quotes received in writing, via facsimile, or email from three vendors. In the event that three quotes cannot be obtained, the Town Manager shall document the names of the vendors approached for quotes and any reasons given for the failure or refusal to bid. The final approval ofa award will vest with Town Council. Any written Invitation to Bid or Request for Proposal shall describe adequately the requested good or service, quantity and required delivery specifications. The Town Manager shall compile a list ofall vendors or contractors from whom quotes or bids have been requested and the quotes or bids offered. Information gathered in complying with this procedure shall be filed with the documentation supporting the subsequent purchase  or contract.  4(B)- Purchases between $5,000 to $25,000  Purchases of less than $25,000 but more than $5,000 will require written quotes from three vendors. In the event that three quotes cannot be obtained, the Town Manager shall document the names ofthe vendors approached for quotes and any reasons given for the failure or refusal to bid, or document reason whyi iti isr not practicable to obtain 3 vendors. The Town Manager shall compile a list ofall vendors or contractors from whom quotes or bids have been requested and the quotes or bids offered. Information gathered in complying with this procedure shall be filed with the documentation supporting the  The final approval of award will vest with the Town Manager.  subsequent purchase or contract. 4(C). - Purchases under $5,000  All purchases under $5,000 will not be subject to this procurement policy. Authorized Town employees are encouraged to continue to look for the best price when purchasing  supplies, equipment or services. 4(D) )- Sole Source  Sole source procurement may be authorized if and when there is only one source practicably available for the required goods or services. Competition is not available in asole source situation. Sole source justification based solely upon a single vendor's capability to deliver in the least amount oft time is not an appropriate justification since availability alone is not a valid basis for determining sole: source procurement. Any sole  3    source procurement requires documentation from the Town Manager as to the  justification oft the procurement. 4(E) -1 Emergency Procurements  In case ofa an emergency, where a delay in order to seek multiple proposals may threaten public buildings, public property or the life, health, safety or welfare oft the residents, a contract may be awarded without competitive sealed bidding or competitive negotiation. Any such procurement shall be made with such competition as is practical under the circumstances. Any such procurement must be approved by the Town Manager and Town Council, ift the amount is over $25,000, at the meeting immediately following the purchase of the goods and services with a justification from the Town  Manager for the purchase.  Section 5- Preferences and Tie Bids  In accordance with the Code of Virginia, the Town of Onancock does not grant preferences or "set- asides" except in the case oftie bids. Ifall bids are for the same total amount or unit price (including authorized discounts and delivery times) and ifthe public interest will not permit the delay of re-advertisement for bids, the Town Manager shall be authorized to award the contract to the most qualified bidder based on past work  experience.  Section 6- Non-Discrmination  The Town of Onancock conforms, as applicable, to the provisions of the Federal Civil Rights Actof1964, as amended; the Virginia Fair Employment Contracting Act of1975, as amended; the Virginians with Disabilities Act; the Americans With Disabilities Act, and Sections 2.2-4310. All bidders/offerors: who submit bids/proposals to the Town are required to certify they conform to these same: anti-discrimination requirements.  Section 7- Debarment or Suspension  Debarment is the Town's exclusion of certain individuals or firms from contracting with the Town for a specified period of time. The Town Manager may debar a person or company from consideration for awards or contracts upon ai finding of cause that the 1. Unsatisfactory performance on a contract with the Town of Onancock or another public body, including but not limited to, failure to comply with contract terms and conditions or to meet specification/scope ofservices requirements. 2. Offering any gift, gratuity, favor, or advantage to any Town employee or official who exercises official responsibility for procurement transactions. 3. Failing to disclose a condition constituting a conflict of interest by any  vendor has engaged in any oft the following activities.  4    officer, director, owner, or partner oft the vendor in a contract or purchase order 4. Conviction of any officer, director, owner, partner, or agent of the vendor of 5. Court judgment finding a violation of Federal or State antitrust laws. 6. Conviction of any criminal offense, or a judgment in civil litigation, which 7. Abandonment of performance or termination for default on any other Town  awarded by the' Town.  any criminal offensei involving public contracting.  indicates a lack ofmoral orl business integrity.  ofOnancock project. anobligee.  8. Default on any surety bond or written guaranty on which the Town of Onancock is 9. The filing ofa a bankruptcy petition, by, against, or regarding the contractor. 10. Any other cause that the Town Manager determines tol be sO serious and compelling as to affect responsibility as a contractor, such as debarment by another governmental The Town Manager may suspend a person or company from consideration for an awardor contracts upon a finding of probable cause that might lead to debarment. Consideration of future awards and contracts will be based on the extenuating In debarring or suspending any individual or firm from contracting with the Town, the Town Manager shall follow all applicable procedures outlined herein and will notify  entity forany cause listed herein, or prior reprimands.  circumstances of the debarment or suspension.  Town Council of the action taken.  Section 8- Excess and Surplus Property The Town Manager shall bei responsible for:  1.F Redistribution ofs serviceable excess personal property.  2. Disposal of surplus Town personal property through sealed bid, auction, trade-in, or fixed price sales. Some personal property may also be disposed ofby junking, sale 3.1 Disposal of unclaimed property in the custody of the Police Department in accordancewith the Code of Virginia Sections 15.2-1719, 15.2-1720 and 15.2-1721. Surplus Town property may be donated to charitable organizations where appropriate.  as scrap metal, or cannibalization.  5    The Town Manager shall evaluate the request for donation and first determine whether the requested item is needed by any Town agency. Other factors tol be considered in the evaluation are the disposal value of the item, availability of the requested item, serviceability, compatibility to the intended use and potential benefits to the Town,  including public relations and goodwill.    8  IIT &  33  85  #48  316  6S  8 34  58  a8    85883    3 NV        888885 6465466  000 o o      858  66  668 66664665  RR  -  338    656666666586686666666665  000000   to    -  w  -6  488  d0 000000  A  6866E88E686EEE  e  N  oo    De  a            Town of Onancock Cash & Reserve Report As of November: 30, 2021  Generall Ledger Cash onk Hand Idle Cash Fund General Fund Reserve Grant or Special Project Fund ARPAI Fund Utility Reserve Capital Asset Fund Total Casha andF Reserves Net Cash &F Reserves Reserves (Using FINANCIALI POLICIES) General Fund Reserve (309E Budgeted Revenue)  $ $ $ $ $ $ $  588,670 1,143,149 420,209 53,742 628,402 712,136 142,248  3,688,556  3,688,556  2021 Budgeted Revenue Less: Water Revenue Less: Sewerf Revenue General Fund Reserve **5-Vear CAPEX CAPEXReserve Amount Received Amount Spent ARPAR Funds Remaining 2022 Budgeted Expenditures Divided by3 3651 times 120 "**Accumulated Depreciation ate 6/30/21  $  1,404,840  1,404,840 30% 582,000 25% 628,216 8,287  421,452  Capital Asset Reserve ARPA Funds  (25% of5-Year Capital Expenditure! Plan)  145,500 619,929  Utilityf Reserve (WATER ONLY- NOS SEWER) (A) 120-Days ofE Budgeted Operating Expenditures  $ $  441,401 1,850,000 30% $ $  145,118 555,000 15,000 $ $  (B) 3R's (Repair, Replace, Rehab)- 30% ofA Accumulated Depreciation  (C) Unbudgeted Street Repairs Special Revenue Fund Reserve RESERVES REQUIRED PERF POLICY Current Cash on Hand (less ARPA: and Required Reserves) Estimated Remaining FYF Revenue Estimated Remaining FYE Expenditures Estimated Expenditures Up ToFY23Tax Day Estimated Inc/(Dec) to Reserves at 6/30/2022  715,118 250,000  $1,730,547 $ 1,958,009 $ 1,350,247 $(1,750,552) $(1,400,000) 157,704