Town of Onancock January 14, 2019 6:30 p.m.  Town Council Work Session Meeting  1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Items for Discussion  a. Presentation oft the Code Red System - C. Ray Pruitt, Accomack County b. Review oft the Proposed Condemnation Ordinance - Town Manager William Discussion of the Proposed Procurement Policy - Town Manager William d. Discussion oft the Bids received for Landscaping Services in Town - Town e. Review ofthe Proposed Rental ofTown Parks/Facilities Application - Town  Director of Public Safety  Kerbin Kerbin  Manager William Kerbin Manager William Kerbin  4. Adjourn    Sec 15-10 ARTICLE III. UNSAFE BUILDINGS  Removal, repair or securing ofl buildings and other structures.  Definitions:  Unsafe Building - A residential or nonresidential building or structure, whether or not construction has been completed, that might endanger the public's health, safety or welfare and for a continuous period of excess ofsix (6) months.it has been (1) vacant and (2) not lawfully connected to electric service or not lawfully connected to any required water or sewer service from a utility service provider. (a) The owners of property in the town shall, at such time as the town manager may prescribe, remove, repair or secure any building, wall or any other structure which might endanger the public health or safety (b) The town, through its own agents or employees, may remove, repair or secure any building, wall or any other structure which might endanger the public health or safety of other town residents ifthe owner and lien holder ofs such property, after reasonable notice and a reasonable time to do so, have failed to remove, repair or secure the building, wall or other structure. For purposes of this section, repair may include maintenance work to the exterior ofa a building to prevent deterioration oft the building or adjacent buildings. For purposes ofthis section, reasonable notice includes a written notice (i) mailed by certified orr registered mail, return receipt requested, sent to the last known address of the property owner and (ii) published once a week for two successive weeks in a newspaper having general circulation in the locality. No action shall be taken by the town to remove, repair or secure any building, wall or other structure for at least 30 days following the later oft the return of the receipt or newspaper publication. (c)Ifthet town, through its own agents or employees, removes, repairs or secures any building, wall or any other structure after complying with the notice given under this section, the cost or expenses thereof shall be chargeable to and paid by the owner ofs such property and may be collected by the town in the (d) Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property ranking on aj parity with liens for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, SS 58.1-3940 et seq. and 58.1-3965 et seq. The town may waive such lien in order to facilitate the sale of the property. Such lien may be waived only as to aj purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain aj personal obligation of the  ofc other town residents.  manner taxes are collected.  owner oft the property at the time the liens were imposed.    TOWN OF ONANCOCK, VA PROCUREMENT POLICY  January, 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. The Town 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. 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 made. To reduce the potential for conflicts ofi interest, abuse of position, or even the appearance ofimpropriety, the Town discourages employees or officials from accepting any gift from organizations, business concerns 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 froma a supplier for personal use by giving the impression that the procurement is for the Town. Ifa 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.  holiday gifts.    Section 3-1 Disclaimer of Responsibility  The Town will not be responsible for or liable for any expenditure or agreement for expenditure made by a Town employee or official who fails to follow this policy. Itis considered a "breach of duty" on the part ofa any employee or official who procures goods or services not consistent with this policy. Any breach will be reported to the Town The Town Council may disclaim responsibility and liability for any expenditure or agreement for expenditure arising from aj 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  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 be issued and the process will be subject to approval of the Town Council. Best value concepts may not be considered when procuring construction or professional services. Purchases shall not Any written Invitation to Bid or Request for Proposal shall describe adequately the goods ors 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 to Bid or Request for Proposal shall either be advertised in a 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 be secured unopened until the date and time 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 of a bid. The Town Council must approve the award of all contracts with total value in excess of $50,000. Award shall be made to the lowest responsive and responsible vendor that  be split to avoid the $50,000 limit.  contract.  specified in the advertisement.    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)- Capital Improvement Purchases of $5,000 to $50,000  Purchases of less than $50,000 but more than $5,000 will require 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. If only one quote is received for purchases within this dollar range, 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  approval of award will vest with Town Council.  ord contract.  4(E)-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 a sole source situation. Sole source justification based solely upon a single vendor's capability to deliver in the least amount of time is not an appropriate justification since availability alone is not a valid basis for determining sole source procurement. Any ysole source procurement requires documentation from the Town Manager as to the  justification oft the procurement. 4(F)- Emergency Procurements  In case of an emergency, where a delayi 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 shall be reported by the Town Manager tol Town Council at the meeting immediately following the purchase in his/her report to  Council, with justification for the purchase. Section 5- Preferences and Tie Bids  In accordance with the Code of Virginia, Town of Onancock does not grant preferences or "set- asides" except in the case oft tie bids. Ifall bids are for the same total amount or unit price (including authorized discounts and delivery times) and if the public interest    will not permit the delay of re-advertisement for bids, the Town Manager shall be authorized to award the contract to the resident of the Town of Onancock, a tie bidder whose firm has its principal place of business in the Town, or if there be none, to the resident Virginia tie bidder, or if there be none, to the most qualified bidder based on  past work experience.  Section 6- Non-Discrimination  The Town of Onançock conforms, as applicable, to the provisions of the Federal Civil Rights Actof1964, as amended; the Virginia Fair Employment Contracting Actof1975, 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 antir-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 aj person or company from consideration for awards or contracts upon ai finding of cause that the 1. Unsatisfactory pertormance on a contract with the Town of Onançock 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 exercisesofficial responsibility for procurement transactions. 3. Failing to disclose a condition constituting a conflict ofinterest by any officer, director, owner, or partner oft the vendor in a contract or purchase 4. Conviction of any officer, director, owner, partner, or agent of the vendor 5. Courtj judgment finding a violation of Federal or State antitrust laws. 6. Conviction of any criminal offense, or ajudgment in civil litigation, which 7. Abandonment of performance or termination for default on any other  vendor has engaged in any of the following activities.  order awarded by the' Town.  ofany criminal offense involving public contracting.  indicates a lack of moral or business integrity.  Town of Onancock project.  8. Default on any surety bond or written guaranty on which the Town of Onancock  is anobligee.    9. The filing ofal bankruptcy petition, by, against, or regarding the contractor. 10. Any other cause that the Town Manager determines to be sO serious and compelling as to affect responsibility as a contractor, such as debarment by another governmental entity forany cause listed herein, or prior reprimands. The Town Manager may suspend a person or company from consideration for an awardor contracts for a period up to three months upon a finding of probable  cause that might lead to debarment.  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  Town Council of the action taken.  Section 8- Excess and Surplus Property The Town Manager shall be responsible for: 1.F Redistribution of 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 of by junking, sale 3.1 Disposal of unclaimed property in the custody oft the Police Department in accordance with the Code of Virginia Sections 15.2-1719, 15.2-1720 and 15.2- Surplus Town property may be donated to charitable organizations where appropriate. 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 ofthe item, availability oft the requested item, serviceability, compatibility to the intended use and potential benefits to the Town,  as scrap metal, or cannibalization.  1721.  including public relations and goodwill.    Town of Onancock Bid Tabulation sheet December 2018  Landscaping Services Request for Proposals  Name: Browder Hite, Inc physical address  Address: PO Box 265 Exmore, VA 23350-mailing /11254 Broadwater Rd, Exmore-  Telephone Number: 757-442-5296 Email Address: Lewigbromderilitecon  Yearly Lump Sum Bid Price: $15,705.00-mulch once per year OR $18,531.00-mulch twice per  year  Yearly Lump Sum Bid Price in Words:  Fifteen-thousand, seven-hundred and five dollars and no cents-mulch once per year  OR  Eighteen-thousand, five-hundred and thirty-one dollars and no cents-mulch twice per year Ihereby certify that this bidi is true and accurate based on the cost ofl labor and materials to perform the landscaping services listed in the Town of Onancock Landscaping Services Request for Proposals dated December 2018.Ifurther agree that this submitted bid does not guarantee Signed: Benjamin Lewis, President for Browder Hite, Inc January 4, 2019  landscaping work for the Town of Onançock.  NOTES:  1. Our bid includes the following: ai full clean up of each listed area in the spring (leaf clean up, weed removal, stick and limb removal, pruning out of any winter kill and spade/machine edging of bed lines); 6i inch pansy poti installation int the Fall at the following locations: Custis Park, Town Square, the Wharfa and TWO: seasonal color change-outs at the "Welcome To Onancock" sign (pansies and tulip bulb installation in Fall and a summer display that will  feature rotating summer annuals and will be installedi in May).    2. Our bidi includes the care oft the long holly hedge at the "Welçome to Onancock" sign as well as the bed at the sign and all trees int the grassy area between the sign and hedge. 3. Our bidi includes professional grade fertilization ofa all plants and trees in the listed areas in 4. Our bidi includes two options for mulch: once per year (applied in late winter or early spring) or twice per year (spring and fall-generally in October or early November). It has been our experience that two applications of mulch generally lead to al build up of excess mulch over the course of 2-3 years and requires a clean up and removal effort to bring the level back down to an acceptable height. This is an extra expense and can be negated by properly applying and maintaining mulch throughout the course of the growing season. 5. We noted during our estimation phase that most landscape areas within town have been improperly pruned over the years. This has led to many shrubs and trees showing signs of distress and lack of growing vigor. One exception would be the Landing; the shrubs and grasses here are strong and properly formed. Our bid includes properly pruning all shrubs and trees in Year 1. This costs a bit more buti is worth the expense to bring the landscape up to  spring.  grade and in aj professionally maintainable state thereafter.  References:  Dave Fauber, Director, Public Works, Town of Cape Charles 757-695-1025 Comfort Suites, Chncregielastifaclies Manager 410-726-0753 Steve Turlington, Director, Facilities, A&N Electric Co-Op, Tasley 757-710-2734    TOWN OF ONANCOCK Rental ofTown Parks/Facilities Application 15 North Street Onancock, Virginia 23417  Ph: (757)787-3363  Date:  Applicant: (Photo IDI Required) Address: Home Phone #: Cell Phone #: Organization:  Work Phone #: emai!:  Itist the intent oft the Town of Onancock to provide its citizens, organizations and businesses the use of Town facilities. However certain costs to the citizens oft the Town will be incurred and these costs must  be extended to the user(s) of the facilities.  Facility Fees*:  Event Usage of Onancock Landing Park, Town Square Park or wharf parking lot. Weekend/evening usage of2nd Floor of Town Hall building Use oft town property Security/Police Officers Additional trash containers  $50.00 application fee  $25.00 application fee/$10 monthly rental fee $100.00 deposit for cones, tents, etc./$50.00 fee for deliverylsetup, if applicable $35.00 per hour per officer $8.00 per container per day  Fees may be adjusted or waived at the discretion oft the" Town! Manager  Describe Event in Detai!:  Date(s) and Times oft the Event: Beginning Time: Number of Attendees:  Ending Time:  *Please note than our Park closes ato dusk, later closings must be authorized by the" Town Manager the Town Manager and/or the Chiefo ofF Police. Thesee events will: alsol bes subject toa approval oft the Town Council.  Events expecting more than 75 peopler may required additional security at the discretion of  Will there be live entertainment? a Yes/No    Will there be cooking on site? D Yes/No D (All organizations must follow all appliçable Health Department regulations.)  Will there be vendors? a Yes/No D  (Commercial vendors are requiredt tol have a valid business license with the Town)  Will food be sold? D Yes/No D (Virginia Health Department permit required and copy provided tot the Town)  Will a tent be erected? D Yes/No D (Please submit: as site plan of location) Will any equipment be brought in? D Yes/No D Describe below:  I,,  hereby agree to observe ande enforce allr rules and regulations oft the Town of Onancock as specified  int this application governing the use of the Town of Onancock's facilities. Iagree top protect the" Town of Onancock, its officers, and employees from any and all claims, liabilities, damages or rights ofa action directly ori indirectly resulting from the use oft this facility andi its premises. I further agreet too carry liability insurancei int the amount of$1,000,000. 00 ande evidence ofs such coverage shall accompany this application, and the Town ofOnancock: shall ber named as ana additional insured. Iwill lake responsibility for any and all damages to the" Town's property and  facilities. Charges for special services willl be paid upon receipt ofi invoice.  Signature of Applicant:  Date:  Permission is 0 granted/ D denied for the use oft the facility ass stated above. The amount duei is  Date:  Signature/Title Exceptions to policy:    Town of Onancock Rules and Regulations  1. No private events will be approved for holidays or holiday weekends.  2. Events cannot begin before 9 am and must conclude by dusk or by 9 pm with the Town's 3. Illegal drugs, foul or abusive language, and fighting are not permitted on the park  permission.  grounds or in the Town Hall building.  4. Access to the grounds and facilities is contingent upon the completion ofthe application and authorization oft the Town Manager. The Town also reserves the right to deny any application in its entirety or any portion thereof for good cause. 5. Applicant whose signature appears on the application accepts responsibility for security oft the grounds and any damages to the grounds, buildings, or equipment.  6. Applicant agrees toj provide responsible (adult) supervision for each event. Events over 75 people must seek additional security through the Onancock Police Department at the 7. Events larger than 100 people will also be required to furnish additional restroom  rate listed on the application.  facilities at the rate of one: facility per: 50 guests.  8. Nor motorized vehicular traffic will be permitted on the grounds, pathways, or sidewalks. 9. Evidence of general liability insurance with $1,000,000.00 combined single limit, with the Town of Onancock named as an additional insured shall accompany the application. Exceptions to this policy may be made by the Town Manager under certain 10. The applicant must remove all trash and debris from the park or facility. 11.A Any Town property to be used for the event must be: signed out and returned the next 12. All events including more than 75 people will require approval of the Town Council.  circumstances.  business day.    Town of Onancock  Rules and Regulations Checklist  60 Days Prior to Event  Use of facility form completed and submitted to the Town Office  Four Weeks Prior to Event  ProofofLiability Insurance submitted to the Town Office  All payments and deposits submitted and made payable to' The Town of Exmore  Two Weeks Prior to Event  Proofof paperwork submitted to the Health Department if food vendors present  All permits obtained, ifr needed  Portable toilets and hand washing stations ordered, if required