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HomeMy WebLinkAboutResolution 2017 (57) Resolution No. 57 (2017) ST. ROI X- RESOLUTION ADOPTING PROCUREMENT TO PAY POLICY 1 WHEREAS, on February 2, 2016 St. Croix County adopted a Purchasing Policy and was 2 added to the St. Croix County Operations Policies; and 3 4 WHEREAS, the proposed Purchasing Policy has been reviewed by staff and enhanced to 5 include the entire purchasing cycle, specifically in relation to procedural changes with the new 6 ERP system; and 7 8 WHEREAS, the staff has recommended the title of the Purchasing Policy be change to 9 Procurement to Pay Policy to better reflect the scope of the policy document; and 10 11 WHEREAS, the Administration Committee has reviewed the Procurement to Pay Policy 12 and recommends approval by the St. Croix County Board of Supervisors. 13 14 NOW THEREFORE, BE IT RESOLVED by the St. Croix County Board of 15 Supervisors that the St. Croix County Procurement to Pay Policy, as attached, is hereby adopted 16 by the County Board effective upon adoption. Legal—Fiscal—Administrative Approvals: Legal Note: Fiscal Impact: No fiscal impact. J,AA "'" e .Cox,C.orpora o ouusel 111 12017 Ebert M-� �Firiarice irec 11 12017 Pa ck-rhohipson,County Admini ratior11.11 UCZ(11'7 11/15/17 Administration Committee APPROVED ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... RESULT: APPROVED [UNANIMOUS] MOVER: Scottie Ard, Supervisor SECONDER: Tammy Moothedan, Supervisor AYES: Sjoberg, Moothedan, Berke, Ard, Leibfried Vote Confirmation. J• � ; .R.oy Sjob g,Super + r 11/25/20D SL Croix County Board of Supervisors Action: Roll Call -Vote Requirement— Majority of Supervisors Present RESULT: ADOPTED [UNANIMOUS] MOVER: Roy Sjoberg, Supervisor SECONDER: Jill Ann Berke, Supervisor AYES: Matter, Babbitt, Coulter, Sjoberg, Long, Moothedan, Nelson, Berke, Ostness, Larson, Hansen, Ard, Brinkman, Peterson, Anderson,Achterhof, Leibfried, Peavey ABSENT: Ryan S. Sicard This Resolution was Adopted by the St. Croix County Board of Supervisors on December 5, 2017 Cindy Campbell, County Clerk rri ", - ' UNTY ST. C R ouuuuouuiIV Procurement to Pay Policy PROCUREMENT TO PAY POLICY EFFECTIVE 01-05-2016/RES 6(2016) (purchasing) REVIEW Administration Committee REVISED 02-02-2016/RES 15(2016) (purchasing) APPROVAL County Board EFFECTIVE (Procure to Pay) REVIEW Administration Committee REVISED (Procure to Pay) APPROVAL County Board 11 IC: a Table of Contents Section Title 1 General 1.1 What is Procurement 1.2 Purpose 1.3 Scope 1.4 Authority 1.4a Department of Administration 1.4b Department Approver 1.4c Department Buyer 1.4d Requester 1.5 Ethical Standards/Conflict of Interest 2 Considerations in Purchasing 2.1 Energy Consumption 2.2 Contracting Authority 2.3 Public Works Projects 3 Standard Procurement Procedures 3.1 Determination of Need 3.2 Procedure for Competitive Bid 3.3 Purchases in Process 3.3a Orders Less Than $3,500 3.3b Orders Greater Than or Equal to $3,500 and Less Than $150,000 3.3c Orders Greater Than or Equal $150,000-Competitive Proposal 3.3d Orders Greater Than or Equal $150,000-Sealed Bid 3.4 Sole Source Purchases 3.4a Only One Responsible Source 3.4b Funding Specifications 3.4c Unusual and Compelling Urgency 3.5 Invoices 3.6 Change Orders 3.7 Prepayments 3.8 Vendor Bonding 3.9 Insufficient Budget 4 Other Purchasing Processes 4.1 State Contract 4.2 Cooperative Purchasing 4.3 Standard Contracts 4.4 Purchases from County Employees and Officials 4.5 Procurement Cards 4.6 Petty Cash 4.7 Sales Tax Exemption 2age 5 Special Provisions for Grant Funded Projects 5.1 Grant Funded Purchases 5.1 a Micro Purchases (Items less than $3,500) 5.1 b Small Purchases (Items between $3,500 and $150,000) 5.1 c Large Purchases (Items greater than $150,000) 5.1 c(1)Sealed Bids for Construction Contracts 5.1 c(2)Competitive Proposals for Other Contracts Greater Than $150,000 5.1 c(3)Noncompetitive Proposals 6 Miscellaneous Provisions 6.1 Promotional Items 6.2 Computer Purchases 6.3 Purchases of Legal Services 6.4 End of Year Purchases 6.5 Highway Department Contracts 6.6 Indefinite Quantity Contracts 6.7 Prohibited Expenditures 6.8 Disposal of Excess Supplies or Obsolete Equipment 6.9 Certificate of Insurance 6.10 Law Enforcement/Emergency Event Meal Purchases 6.11 County Purchases for Personal Use 6.12 Offices Held by Elected Officials 6.13 De Minimis Fringe Benefits/Gift Cards 7 Vendor Requirements 7.1 W-9 Forms 7.2 Vendor Pre-registration 8 Procurement Definitions 3age Section 1 — General 1.1 What is Procurement? Procurement is the process through which requisitions are received, solicitations issued, vendors selected, purchase orders issued, and goods and services are received. The person(s) entrusted to represent their department as buyer procures goods and services for St. Croix County (the County) by performing the following tasks: process purchase requisitions; issue purchase orders and change orders; issue and evaluate bids, proposals and quotations; review specifications; draft contracts; update assets list; manage surplus property disposition; verify license and insurance coverage as needed. Wisconsin procurement laws are longstanding and based on nationally accepted best practices. County employees are required to follow procurement rules for various reasons: • Provide vigilant stewardship of taxpayer funds • Comply with Wisconsin Statutes and Administrative Codes • Inspire public confidence in county government by following consistent and transparent processes • Avoid individual liability for illegal purchasing 1.2 Purpose The purpose of this policy is to provide for a fair, accountable, and transparent public procurement system in the County implemented in compliance with Federal Law, State Statute, and County Board policy, maximizing efficiency with the use of public funds and establishing a consistent public purchasing process that meets high standards of integrity. 1.3 Scope This policy applies to all county departments and all organizations for which the County is the fiscal agency and where not superseded by State or Federal law, rule or regulation, or other funding agreements or contractual provisions. 1.4 Authority The following agencies have the responsibilities assigned them under this policy in addition to those assigned under other policies, State and Federal laws and regulations. 4 a 1.4a Department of Administration: Except as otherwise provided in this policy, the purchasing policy must be implemented and administered by the County Administrator or his/her designee. In so doing, the County Administrator or designee must: • Oversee all solicitation specifications based on information furnished by the department for which the purchase is to be made, ensuring that the solicitation specifications fully describe the goods or services to be purchased and clearly differentiate the same from similar goods or services; • Determine the form and required contents of all requests for proposal and requests for quotation; • Ensure compliance with all written policies, administrative practices and procedures as adopted by the County Board; • Ensure the maintenance of the fixed asset inventory; • Periodically review and recommend modifications and changes to purchasing policies, administrative procedures and practices where necessary; • Ensure departments have adequate funds available to undertake a requested purchase and, if not, modify or cancel the purchase to ensure budget compliance; • Review and, as needed, amend the quality and quantity of goods or services requested or otherwise make substitutions; • Ensure all solicitations are adequately publicized to inform responsible bidders; and • Maintain oversight over department purchase requests as they relate to need, quality, price, and conformity with County standardization practices. 1.4b Department Approver: The Department Approver is a department head or division manager with the authority to approve budgetary expenditures. It is the responsibility of the Department Approver to: • Ensure that there are funds budgeted to pay for purchases at the department level; • Report to the County Administrator any purchasing deviations from budget; • Ensure documentation of the receipt of all merchandise or services purchased; • Approve appropriate invoices for payment; • Properly record purchases made under the proper line item account code; and • Designate a buyer, determine the method of purchasing that is the most appropriate, and ensure buyer compliance with responsibilities. 1.4c Department Buyer: It is the responsibility of the buyer to: 5 a • Ensure that all relevant Board policies, State and Federal laws are followed; • Prepare all necessary documentation as required by this policy including requests for proposal and requests for quotation; • Conduct the purchasing process; and • Preserve and transmit all required documentation to the Department Approver, as necessary. 1.4d Requester: • Initiates purchase request by asking for a good or service to be purchased. 1.5 Ethical Standards/Conflict of Interest County employees must meet the highest standards of integrity in public procurement and failure to do so will be subject to disciplinary action. Accordingly: • Some vendors provide gifts or gratuities for placing orders with them. County employees shall not solicit or accept anything of value for the performance of any services or duties. Any items received, such as gifts or gratuities, become the property of County. • Purchases by the County for the personal use of an employee or official are prohibited even if reimbursement is made to the County for the cost of the purchase. • County employees shall not, by act of commission or omission, in their capacities as employees of the County, exercise discretionary power in a manner inconsistent with the duties of their positions or the rights of others or with the intent to obtain dishonest advantages for themselves or for others. Specifically, if any staff member feels that there may be a possible conflict of interest or an appearance of a conflict of interest in his/her role regarding the purchase of any product or service, he/she shall bring it to the attention of the Department Approver/Corporation Counsel for review. If it is determined that a conflict of interest exists, that person shall be removed from the decision making process regarding that specific purchase. • No employee may disclose confidential proprietary information from solicitations to other vendors or use that information for personal gain. Such as personal financial data submitted in support of a bid proposal. • All procurement transactions shall be conducted in a manner that provides maximum open and free competition, based on merit and objectivity, and free from any influences of prejudices, personal bias, or conflicts of interest. Any purchase made by an employee or county official that is contrary to these ethical provisions must in no way obligate the County for payment. Any such purchase will be considered a personal liability of the involved employee or official. 6 a Section 2 — Considerations in Purchasing 2.1 Energy Consumption The County Board of Supervisors recognizes the importance of energy conservation in cost control and in environmental protection. Accordingly, in purchasing capital equipment that has significant energy use, a department should work with the Facilities Department to request energy consumption data from all vendors in request for proposals and consider potential energy costs in determining the most advantageous bid for the County. 2.2 Contracting Authority Only the County Board Chair, the Highway Commissioner pursuant to Wis. Stat. § 83.015(2)(b) or the County Administrator or his/her designee can legally bind the County to any total lease valued or contract valued at or above $25,000 unless State law requires the signature of the County Treasurer or the County Clerk or any other party. 2.3 Public Works Projects If the estimated cost of any public works is between $5,000 and $25,000, a Class 1 Notice is required before a contract for the work is awarded or a contract is awarded with a person qualified as a bidder/proposer under Wis. Stat. § 59.52(29). Pursuant to Wis. Stat. § 59.52(29), all public works, including any contract for the construction, repair, remodeling or improvement of any public work, building, or furnishing of supplies or material of any kind where the estimated cost of such work will exceed $25,000 shall be let by contract to the lowest responsible bidder. A contract, the estimated cost of which exceeds $25,000, shall be let and entered into under Wis. Stat. § 59.52(29), except that the Board may by a three-fourths vote of all the members entitled to a seat provide that any class of public works or any part thereof may be done directly by the County without submitting the same for bids. This subsection does not apply to highway contracts which the Highway Commissioner is authorized by law to let or make. The Highway Commissioner, pursuant to Wis. Stat. § 83.001, shall: purchase and sell county road machinery as authorized in the budget; determine whether each piece of county aid construction shall be let by contract or shall be done by day labor; enter into contracts in the name of the County, and make necessary arrangements for the proper prosecution of the construction and maintenance of highways provided for by the County Board. The Department Approver will make a determination on whether to obtain at least three (3) written bids or proposals for purchases OR conduct an RFQ or RFP depending upon the best interests of the County, unless special circumstances warrant otherwise. The appropriate departmental buyer will work with the Department throughout the purchasing 71 IINa process and through vendor selection. For sole source purchases, the department must prepare the necessary documentation on why the purchase should be considered sole source. STEPS: 1. Unless noted elsewhere in this document, all public works products/services are to be completed in consultation with Corporation Counsel. 2. Requestor determines the need for products or services. 3. Requestor for the department enters a purchase requisition into workflow. 4. Buyer will determine the best method for solicitation and develop specifications and evaluation criteria. 5. Solicitations shall follow Wisconsin Statutes. 6. The departmental buyer works with the department to select the most responsive, responsible vendor. 7. As necessary, the departmental buyer will develop the resulting contract with the department, Corporation Counsel, and the vendor. 8. Once Corporation Counsel has approved the contract as to form, the department will route the contract to the appropriate County authority and vendor for signatures. 9. The departmental buyer will then file a fully executed copy of the contract with the department and send a copy to the vendor. 10. Delivery of products and/or services by the vendor. 11.Acceptance of products or services by the department. 12. If applicable, project data reported to Finance for fixed asset processing and the Risk Manager for insurance coverage. 13. Department approves invoice for payment through workflow. 14. Finance processes payment. 15.Vendor is paid for services. 16. Procurement procedure is complete until the product is ready for disposal. 8 a Section 3 — Standard Procurement Procedure 3.1 Determination of Need A Department Approver, or his/her designee as the requestor, must initiate the procurement process through a determination of need, that the operation of that department requires the purchase of goods or services from an external vendor. If funds for that purpose have been appropriated in the annual budget, the requestor may initiate this process by transmitting a request to the buyer for that department or division. If funds for that purpose have not been appropriated, the procurement process may not be initiated until such time as funds are appropriated. 3.2 Procedures for Competitive Bid Departments must use a bidding process in purchasing unless otherwise provided in this policy and even if not required are encouraged to do so. Awards must be made to the lowest responsible bidder. In determining the lowest bidder, the buyer may consider cost of operation over the life of the item. When comparing bids, proposals or quotes, the following elements must be considered: price, conformity with original specifications, warranty, delivery date (if specified), and freight charges. Upon reviewing the bid results, the buyer may elect to solicit additional bids. The department conducting the purchase will be the agent of record on the purchase; it is their responsibility to see that the requirement for competitive bidding has been met. 3.3 Purchases in Process Except as permitted by the sole source purchase provisions of this policy, all buyers must follow the procedures listed below based on the amount of the purchase. No purchase of a single good or commodity at the same general time may be divided into separate purchases to qualify for a lower threshold of approval, process or documentation. 3.3a Orders Less Than $3,500 1. If a buyer determines the expected cost of the purchase is less than $3,500 and the goods or services are not offered on standard contracts, the buyer may place the order directly with the vendor using his or her best judgment as the basis for vendor selection. 2. Once the order is accepted by the vendor and the delivery of goods and services takes place, the buyer approves the purchase in workflow; except in the case of purchases made through a procurement card. 3. The Finance Department must, on submission of the appropriate documentation, pay the vendor of these goods or services. 9 a 3.3b Orders Greater Than or Equal to $3,500 and Less Than $150,000 1. The needed goods or services are entered into the requisition workflow. 2. The buyer must obtain at least two documented quotes, unless special circumstances warrant otherwise. These bids may include current price lists or catalogs, State vendor net bids, recent price quotations on file (within 30 days), phone or verbal quotations solicited from vendors and written informal price bids (including electronic or faxed). 3. Once the buyer secures the lowest informal quote and the Department Approvers approves, the purchase order may be placed with the successful vendor. 4. After the delivery of goods or services takes place the department's buyer approves invoice for payment for processing. 5. The Finance Department must, on submission of the appropriate documentation, pay the vendor of these goods or services 3.3c Orders Greater Than or Equal to $150,000 or Public Works Projects Greater Than $25,000 — Competitive Proposal 1. Requestor initiates the need for a good or service and enters into the requisition workflow. 2. The buyer establishes specifications, requirements and proposal documentation to the Department Approver for approval, including justification for specification of a specific brand or model that may limit competition. 3. The buyer must forward draft proposal documentation (RFP) to the Corporation Counsel for review. 4. The Department Approver must review and approve the process, including specification of a specific brand or model. 5. On approval, the buyer must issue a request for proposal posted on the County's website. 6. The buyer for proposals must allow two weeks for a response unless another time period is authorized by the Department Approver and obtain three formal written proposals, unless special circumstances warrant otherwise. 7. If vendors submit proposals for a product or service different from that specified, a determination must be made if the alternate item is an equal substitution. The vendor must provide sufficient product information for the user to evaluate the alternate item. If not awarding to the low bidder, justification for not accepting the low bid must be documented. Construction projects are required to be awarded to the lowest responsible bidder. 8. The buyer must document at least three formal written proposals, unless special circumstances warrant otherwise, which may include faxed and emailed bids or proposals. The prices quoted must represent all costs including delivery and, if applicable, estimated energy usage over the life of the equipment. 9. The buyer will recommend the bid that best represents the interest of the County to the Department Approver and the County Administrator (or HHS Director & Highway Commissioner for those two major departments) for approval. 10.The department must execute a contract or purchase order with the successful bidder. 10 a 11. Following delivery of goods and services by the vendor, buyer for the department approves invoice for payment. 12.The Finance Department must, on submission of the appropriate documentation, pay the vendor of these goods or services. 3.3d Orders Greater Than or Equal to $150,000 — Sealed Bids 1. Requestor initiates the need for a good or service and enters into the requisition workflow. 2. The buyer establishes specifications, requirements and proposal documentation to the Department Approver for approval, including justification for specification of a specific brand or model that may limit competition. 3. The buyer must forward draft proposal documentation (RFP) to the Corporation Counsel for review. 4. The Department Approver must review and approve the process, including specification of a specific brand or model. 5. On approval, the buyer must issue a request for proposal posted on the County's website. 6. All bids received must be sealed and received prior to the determined date of opening. 7. All bids received must be publicly opened, with the Department Approver and/or buyer and a representative of the County Administrator or designee present. 8. If vendors submit bids for a product or service different from that specified, a determination must be made if the alternate item is an equal substitution. The vendor must provide sufficient product information for the user to evaluate the alternate item. If not awarding to the low bidder, justification for not accepting the low bid must be documented. 9. The buyer will recommend the bid lowest responsible bidder to the Department Approver and the County Administrator (or HHS Director & Highway Commissioner for those two major departments) for approval. 10.The department must execute a contract or purchase order with the successful bidder. 11. Following delivery of goods and services by the vendor, buyer for the department approves invoice for payment. 12.The Finance Department must, on submission of the appropriate documentation, pay the vendor of these goods or services. 3.4 Sole Source Purchases It is the expectation of the County Board of Supervisors that all purchases will be made under full and open competition except as provided in this section. Justification for other than full and open competition may be: 3.4a Only one responsible source: The supplies or services required by the department or agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements. In the determination of only one responsible source, documentation must cite specific reasons for such exemption, such as compatibility with existing equipment, professional services that involve specific knowledge or familiarity with County activities not otherwise available, 11 1 IC: a or that only one supplier exists to provide particular goods or services. 3.4b Funding specification: The source of the funding, e.g. granting agency specifies a single source for goods or services. Documentation requesting sole source purchases must include a copy of those provisions specifying this source. 3.4c Unusual and compelling urgency: The department or agency's need for the supplies or services is of such an unusual and compelling urgency that the County would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Solicitation from as many potential sources as is practicable under the circumstances is required. This urgency may also extend to delays in procurement through other vendors that would be unacceptable to the County. This authority will not be approved if it is determined that the urgency is due to a lack of advance planning by the department or agency. Documentation for an emergency purchase must also include an explanation of the emergency, the financial or operational damage or risk of damage that will or may occur if needs are not satisfied immediately, why the needs were not or could not be anticipated so that goods or services could not have been purchased following standard procedures. In all justifications made under this section, the requesting buyer must list the reason and process used for selecting the vendor and documentation supporting the cost in the absence of directly comparable market data. 3.5 Invoices An invoice must be itemized and provided to the purchasing department before any payment may be authorized. An invoice must contain: • Purchase order number, if used; • Itemized list of merchandise shipped; • Prices, terms, date, quantities, and all other pertinent information about the purchase; and • All charges for delivery, freight listed separately from the merchandise. Payment requests authorized through the workflow must include a digital copy of the original invoice, including any supporting documentation. An email or fax or paper copy of the invoice will also suffice provided that an original invoice number is provided and it has been scanned and linked to the purchase request. No payment may be made on pro forma invoice, bill of sale, estimate or quote. 3.6 Change Orders A written change order may be issued only by the Department Approver with the approval of the original signatory to the contract or his/her designee. Changes made by 121IC: a others in the purchasing process once an initial purchase order has been approved are considered invalid. All change order documentation must be electronically submitted through the workflow process. 3.7 Prepayments No goods or services may be purchased using prepayments (excluding employee travel expenses such as hotel, airfare and registration), or payment before receipt, without the written authorization of the Finance Director or his/her designee. 3.8 Vendor Bonding A performance bond should be requested in high risk, high value, and highly sensitive requisitions. The amount of the performance bond should be reasonable and based on the risk and nature of the acquisition in terms of its technical aspects or sensitivity. It should indemnify or protect the County for a certain percentage of the value of a contract in the event of default on the part of the supplier, or the supplier in performance of the work covered under the contract. The payment bond should serve as a guarantee that all suppliers and sub-suppliers are paid for labor and materials furnished to the prime supplier for use on the project and work described in the solicitation document and agreement. Clear and concise explanation of the bond should be included in the Special Conditions section of the contract. 3.9 Insufficient Budget In the event that purchase amounts are over the line item budget amount, the purchase(s) must be approved by the Department Approver as long as it does not go over the total amount budgeted for the department. Purchases that are over the total amount of the department budget must be approved by the County Administrator. Section 4 — Other Purchasing Processes 4.1 State Contract If so determined by the Department Approver, the buyer may use existing contracts bid by the State of Wisconsin and bypass the competitive bidding process outlined in this policy for purchases of less than $150,000. Purchases greater than $150,000 require approval by the County Administrator. For purposes of this policy, any purchase made from the State of Wisconsin cooperative purchase contract constitutes compliance with any competitive bidding requirements. Further, the State contract amount may be used as price comparisons for the purpose of the competitive bidding requirements for comparable items. 13 a3 4.2 Cooperative Purchasing Departments may participate with a network of other governmental agencies for cooperative purchasing up to $150,000 which will meet the competitive bidding requirements. An example of this is the fuel contract. 4.3 Standard Contracts Notwithstanding other provisions of this policy, if the Finance Director has standardized the purchasing of a good or service and has issued standard purchase orders or contracts for these goods or services, such goods or services must be purchased from the identified vendors. 4.4 Purchases from County Employees and Officials Provided all other provisions of this policy requirement are met, any single public official or County employee may enter into contract with or sell to the County in which they have a private interest in, provided further that the contract or sale does not exceed an aggregated amount of$15,000 per year (see Wisconsin Statutes § 946.13). In addition, all such purchases must be made with full disclosure, meaning discussion at a meeting of the Administration Committee prior to the purchase. 4.5 Procurement Cards Procurement cards must be issued by the Finance Director. Each card must have a dollar limit set by the Finance Director; no purchase in excess of this limit may be made without the authorization of the Finance Director. Other than as specified, use of a procurement card does not negate any other requirements of this policy. 1. P-Card purchases require the attachment of documentation to the statement prior to payment. 2. Meals covered by a per diem and paid from an expense report submission shall not be purchased on a P-Card. Putting meals on the P-Card creates a double payment of expenses. 3. Fuel covered by a mileage reimbursement and paid from an expense report submission shall not be purchased on a P-Card. Putting fuel on the P-Card creates a double payment of expenses. 4. Department Approvers are responsible for approving all P-Card purchases made by them and their department staff, confirming all purchases are made in conformance with County procurement requirements. 5. Improper use of a County issued P-Card will result in revocation of purchasing privileges. 14 a 4.6 Petty Cash Petty cash accounts are cash-on-hand only and are held in specified county department locations. They should only be used when the immediate payment of cash is required for very small purchases, and shall be no greater than $150 per account, unless otherwise authorized. A receipt should be written for every petty cash use. The sum of the receipts may be submitted to Finance for replenishment of the petty cash. Petty cash accounts must be reconciled annually by December 31St 4.7 Sales Tax Exemption As the County is exempt from Wisconsin State sales tax; employees must provide sales tax exemption information to any hotel, car rental company, and similar when traveling or purchasing for County business in Wisconsin. Minnesota generally recognizes Wisconsin sales tax exemption. Section 5 — Special Provisions for Grant Funded Purchases 5.1 Grant Funded Purchases Unless specifically prohibited by the granting authority, grants must be administered through a written contractual agreement between the County and the party providing the service. All purchases made with grant funds must comply with the terms and conditions of the grant and this policy. If the grant requirements conflict with this policy, the County Administrator may suspend those provisions of this policy only for the specific grant and for the duration of that grant. The Department Approver is responsible to comply with purchases covered by grant funds. Uniform Grant Guidance (UGG) issued by the Federal Office of Management and Budget (OMB) outlined the following procurement standards for all dollars applied to federal grant programs: 5.1a Micro Purchases (Items less than $3,500): Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold of $3,500 (2 CFR §200.67 Micro-purchase). To the extent practicable, the non-Federal entity must distribute micro-purchases equitably among qualified suppliers. Micro- purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable. 5.1b Small Purchases (Items between $3,500 and $150,000): Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that cost between $3,500 and $150,000. If small purchase procedures are used, price or rate quotations must be obtained from a minimum of two qualified sources, unless special circumstances warrant otherwise. 15 a 5.1 c Large Purchases (Items greater than $150,000): Follow requirements under 1 (construction) or 2 (all other) below depending on applicability. 1. Sealed Bids for Construction Contracts: Note that a federally funded public works project shall follow the lower dollar threshold requirements of Wisconsin Statutes §§ 66.0901 and 59.52(29) outlined in the public works projects section above. Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is the lowest in price. In order for sealed bidding to be feasible, the following conditions should be present: (i) A complete, adequate, and realistic specification or purchase description is available; (ii) Three or more responsible bidders, unless special circumstances warrant otherwise, are willing and able to compete effectively for the business; and (iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. If sealed bids are used, the following requirements apply: (i) Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids. For state, local, and tribal governments, the invitation for bids must be publically advertised; (ii) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; (iii) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; (iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and (v) Any or all bids may be rejected if there is a sound documented reason. 2. Competitive Proposals for Other Contracts Greater than $150,000: The technique of competitive proposals for other contracts greater than $150,000 is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. It is generally used when conditions 161IC: a are not appropriate for the use of sealed bids. If this method is used, the following requirements apply: (i) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical; (ii) Proposals must be solicited from an adequate number of qualified sources; (iii) The non-Federal entity must have a written method for conducting technical evaluations of the proposals received and for selecting recipients; (iv) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and (v) The non-Federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort. 3. Noncompetitive Proposals: Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: (i) The item is available only from a single source; (ii) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; (iii) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity; or (iv) After solicitation of a number of sources, competition is determined inadequate. Section 6 — Miscellaneous Provisions 6.1 Promotional Items Departments may purchase items of negligible value for educational or promotional purposes. Such items must be clearly and permanently marked with the name of the County and the department or agency in compliance with the County's branding 17 a guidelines. 6.2 Computer Purchases Purchase or lease of computer hardware and software must be managed and authorized for procurement by the Department of Information Technology. For purposes of this section, computer hardware also includes copiers and cell phones. The Director of Information Technology will manage and procure all requisitions for computer hardware and software. Technological compatibility must be a consideration in awarding any contracts for computer hardware and software. 6.3 Purchases of Legal Services No buyer may approve the purchase of legal services without the prior approval of Corporation Counsel. Corporation Counsel may establish a procedure for granting such approval. 6.4 End of Year Purchases Unless provided by other policy, State and Federal law, grant or other funding contract, all expenditures for capital assets must be made so that delivery of that asset occurs on or before December 31 in the year in which the purchase was authorized unless authorized by the County Administrator or his/her designee. 6.5 Highway Department Contracts Pursuant to Wisconsin Statutes §83.035 as in effect at any given time, the Highway Commissioner or the County Transportation Committee, is authorized to execute contracts for the purpose of enabling the County to construct and maintain streets and highways in cities, villages and towns within the County; with a copy filed with each respective clerk. Maintenance includes the furnishing of any road supplies and equipment to these municipalities. All contracts executed with any municipality for such roadwork must provide that payment in full must be made to the County within 120 days of the completion of such roadwork. If a municipality fails to make payment in full within this time, the Highway Department may not undertake any further work of any type or furnish any road supplies or equipment for or to this municipality without the prior approval of the Highway Commissioner. Further, if a municipality fails to make payment in full within this time, any unpaid balance outstanding bears interest at the rate of 5% per annum until paid. Highway contracts entered into under the authority of this policy must follow the standard contract approval and route and process as established by County policies and procedures as well as conformity with State law. 6.6 Indefinite Quantity Contracts 18 a Notwithstanding any other provision of this policy, and as permissible under State and Federal law, rules and regulations; the Highway Commissioner may enter into a contract to procure materials for construction, maintenance and repair of highways valid for a period not to exceed two years. For purposes of this section, an indefinite quantity contract means an agreement to procure these materials at a set rate per amount, with the total amount to be purchased estimated only. These contracts must competitively bid following the standard procurement procedure appropriate for the estimated dollar cost of materials to be purchased during that year. 6.7 Prohibited Expenditures Unless specifically authorized by the County Board of Supervisors, the following expenditures may not be made using County funds: 1. Entertainment expenditures such as tickets for admission to public entertainment events, theaters, and similar; 2. Alcoholic beverages and tobacco, except in conjunction with a compliance investigation; 3. Retirement parties or similar events including awards and gifts unless the retiring employee has had at least 10 years of service to the County, the party or event is open to County Board and/or general staff, and the total cost for cake, beverages, etc. does not exceed $200; 4. Charitable contributions; 5. Common courtesy expenditures such as flowers or cards for ill county employees or local officials; and 6. Any travel or related expense for employee's spouse, other family members or for any acquaintances. 6.8 Disposal of Excess Supplies or Obsolete Equipment Assets retired from service shall be disposed of in the most efficient and cost effective manner possible. Assets shall be disposed of in a manner that is environmentally responsible. Department Heads may determine the end of the useful life of an asset and the process for disposal. Assets may be traded-in to reduce replacement costs. Assets may be sold at public auction or by public, competitive sealed bidding. Assets may be donated to another County department. Assets may not be donated to a non-profit organization within the County without the approval of the County Administrator. Or, Supplies and equipment no longer serving a useful purpose may be given to the Facilities Director for proper disposal. County-owned supplies or equipment must not be sold to County employees except by public auction or through public, competitive sealed bidding. 6.9 Certificate of Insurance A certificate of insurance is required by the County when contracts with a vendor for 191IC: a materials, equipment, construction, remodeling, supplies, or services, that vendor's activities and the goods provided create an inherent liability risk to the County. The contractor must add "County of St. Croix, its officers, employees, and agents" as an additional insured under the commercial general, automobile, and contractor's pollution liability and workers' compensation policies. Certificates are required for contracted service vendors and require receipt of the certificate and continued renewal of the certificate while the contract exists. 6.10 Law Enforcement/Emergency Event Meal Purchases Notwithstanding any policy to the contrary, the Sheriff or his/her designee may authorize the purchase of meals for law enforcement employees or volunteers at an accident or crime scene, natural disaster, search and rescue operation, or a cooperative event with another law enforcement department where the required time commitment spans a traditional meal time and it is impractical to leave the scene. The maximum amount per meal may not exceed the maximum amount stated in the relevant travel policy. 6.11 County Purchases for Personal Use A purchase for personal, non-County use is strictly prohibited by the County. County employees shall not use their position with the County to secure discounts or free products for their own personal purchases or to defray paying sales tax. This does not limit the ability of employees to receive discounts normally available to all County employees. 6.12 Office Held by Elected Officials While elected officials are responsible to the voters and not technically under County supervision, it is in the best interest of the County that purchasing procedures within the County are standardized as much as possible. These procedures are for the elected officials to use, as well as, to assist them with the budget they are responsible for and satisfy the various requirements and regulations of the County. 6.13 De Minimis Fringe Benefits/Gift Cards In general, a De Minimis benefit is one for which, considering its value and the frequency with which it is provided, is so small as to make accounting for it unreasonable or impractical. The IRS has determined that cash, gift certificates, gift cards, clothing items (other than certain exceptions) and meals with no overnight stay are not excludable from income as a De Minimis benefit. Thus, these items provided to employees as incentives or awards are taxable income to the recipient. 20 a Section 7 — Vendor Requirements 7.1 W-9 Forms Vendors doing business with the County must provide a signed form W-9 to the Finance Department before payment will be authorized. 7.2 Vendor Pre-registration The County provides all vendors fair and equal opportunities to compete in the procurement process. Product specifications are designed to be nonrestrictive and compatible with standard trade practices. Section 8 — Procurement Definitions Business means a corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity. Buyer means that person entrusted by this policy to represent their department and authorized to initiate purchasing transactions. Certificate of Insurance means a document issued by an insurer providing evidence that an insurance policy exists and including information such as insurer, insurance agency, insured, types of insurance, policy numbers, effective dates, limits, certificate holder, cancellation procedure, special provisions, e.g., additional insured, and the name of the representative authorizing the policy. Change Order means a formal method of modifying a contract or purchase order after it has been executed. Contract is written evidence of an agreement between two parties (e.g. the County and a vendor) to provide goods or perform some act or service. A contract may cover a specific transaction or a series of transactions. A contract is legally enforceable on both parties. Cost is the sum of the dollar amounts of the product or item, plus all other dollar amounts that are needed to actually get it in service; such as electrical needs, space considerations, licensing, staff time to obtain, set-up, on-going operational fees (such as monthly data plans), etc. Emergency is a circumstance, physical condition, practice, method, or operation which would, unless immediate action is taken, present an imminent risk to public health, safety, or welfare or which would interrupt or create a substantial risk of interruption of essential government services. 21 IC: a Estimate is a general budgetary or planning figure used as a guide. This may vary over or under from the actual cost and is used many times in building a budget and/or if it is desirable, to continue with the possibility of a purchase. Some services only lend themselves to estimates due to many unknowns that make it difficult to establish a firm cost figure until either the work is underway or further investigation can take place. Invitation for Bid or IFB means an invitation for vendors to submit a proposal when the specifications of a product or service are already known and when price is the main or only factor in selecting the successful bidder. Invoice means a document that itemizes charges for materials or services furnished upon which payment is due. Lease means an agreement, whether oral or written, for transfer of possession of real property, or both real and personal property, for a definite period of time. Obsolete Property is any property owned by the County that is no longer of use to the County. Petty Cash means a fund in the form of currency or coin that is advanced by an organization unit from appropriated funds to an authorized employee. Price is the dollar amount of a product or item itself without factoring in any other dollar figures. Procurement means the entire span of acquisition from determination of need through final disposition, with purchasing one segment of this cycle. Procurement Cards are credit cards issued to employees to simplify the procurement of smaller items. Professional Services are unique, technical, and/or infrequent functions performed by an independent contractor qualified by education, experience, and/or technical ability to provide services of a specific project nature and predominately intellectual in character. Public Notice Class 1 There are 3 classes of legal notices under Chapter 985.08 of the Wisconsin State Statutes. The designated number of insertions is the minimum required by law, and the frequency may be increased at the discretion of the requisitioning agency. Class 1 notices require one insertion in the official county newspaper as designated by the County Board. Public Works Projects are as defined in Wisconsin Statutes § 66.0901 as amended from time to time. Public works projects are a broad category of infrastructure projects, financed and constructed by the government, for recreational, employment, and health and safety uses in the greater community. They include public buildings (municipal buildings, schools, hospitals); transport infrastructure (roads, railroads, bridges, pipelines, canals, ports, airports); public spaces (public squares, parks, beaches); public services (water supply, sewage, electrical grid, dams); and other, usually long-term, physical assets and facilities. 221IC: a Purchase Order means a formal offer to buy. Quotation means a vendor reply to inquiry, giving terms and conditions of sale, or an offer to sell. Request for Information or RFI means an invitation presented to vendors to collect written information about their capabilities. It is usually a first stage of a procurement process when information is unknown on potential bidders. Request for Proposal or RFP means an invitation presented for vendors to submit a proposal on a specific commodity or service. The evaluation criteria will be beyond just the price quote. Request for Quotation or RFQ means an invitation for vendors to submit a proposal when the specifications of a product or service are already known and when price is the main or only factor in selecting the successful bidder. Requisition is a document generated by a user department or storeroom-personnel to notify the purchasing department of items it needs to order, their quantity, and the timeframe. It may also contain the authorization to proceed with the purchase. Also called purchase request or requisition. Responsible Bidder means a business that has the capability in all respects to perform fully the contract requirements; and the experience, integrity, reliability, capacity, facilities, equipment, and credit that will ensure a good faith performance. Responsive Bidder means a business who has submitted a bid, which conforms in all material respects to the requirements, set forth in the invitation for bids. Surplus Property is any property in a County department that is no longer of use to that department. Transfer is the movement of County property from one County department to another. Upgrade is a trade-in or advancement to a new model of an existing product or brand that has already proven to fit into current operations and has value to continuing its use. Current prices can be verified and double-checked for accuracy and comfort. Value is the long-range life cycle total dollar cost of purchasing and using the product or item, which includes the price of the product or item, the cost to get it in service, and the ongoing expense comparisons that contribute to the use in the operation over its life. For example; comparing a set of plow blades that are double the price of a lower priced blade, but last four times longer, resulting in lower lifetime expenses and lower down time expenses (down time cost avoidance) in changing blades more frequently. Vendor means a business with which the County has purchased or may purchase a good or service. 23 a3 W-9 Form means a document issued by the United States Internal Revenue Service (IRS) for certain tax purposes. 24 a ST. CROWM, VIII � PURCHASING POLICY EFFECTIVE 01-05-2016/RES 6(2016) REVIEW Administration Committee REVISED 02-02-2016/RES 15(2016) APPROVAL County Board CONTENTS SECTION1: GENERAL............................................................................................................3 SECTION 2: CONSIDERATIONS IN PURCHASING..........................................................7 SECTION 3: CERTAIN PURCHASES, SPECIAL PROVISIONS .......................... 8 SECTION 4: STANDARD PROCUREMENT PROCEDURES ............................... 12 SECTION 5: OTHER PURCHASING PROCESSES.............................................. 15 SECTION 6: MISCELLANEOUS PROVISIONS .................................................. 16 SECTION 1: GENERAL PURPOSE The purpose of this policy is to provide for a fair, accountable, and transparent public procurement system in St. Croix County (the County)implemented in compliance with Federal Law, State Statute,and County Board policy, maximizing efficiency with the use of public funds and establishing a consistent public purchasing process that meets high standards of integrity. SCOPE This policy applies to all county departments and all organizations for which the County is the fiscal agency and where not superseded by State or Federal law, rule or regulation or other funding agreements or contractual provisions. DEFINITIONS For purposes of this policy,the following terms have the meanings given: 1. ACID Test is an acronym for a tool/tip that can be used to code invoices with appropriate information. Departments may find it helpful to give each invoice the ACID test prior to submitting to Finance. The acronym is defined as • Account to charge to • Category or description of item purchased • Initials or who approves the payment • Date the transaction was approved 2. Bid or RFB—Request for Bid, also referred to as a"sealed bid". An RFB is a formal process with a broader selection of vendors and prices that is more restrictive than a quote and has more of a connotation of an obligation to award to the lowest bidder. An RFB is usually for requirements over$100,000, is competitive and the successful bidder usually is the one with the lowest bid. It can be used for large or small items. These items have narrowly defined specification limits and a much smaller range of options and variances in quality and use. (i.e. Banking services that provide very specific accommodations and activities to be performed over a defined period of time often fall into this category.) It is recommended to use the term "lowest responsible bidder". 3. Business means a corporation,partnership, individual, sole proprietorship,joint stock company,joint venture, or any other private legal entity. 4. Certificate of insurance means a document issued by an insurer providing evidence that an insurance policy exists and including information such as insurer,insurance agency, insured, types of insurance,policy numbers, effective dates,limits,certificate holder, cancellation procedure, special provisions, e.g., additional insured, and the name of the representative authorizing the policy. S. Change order means a written method of modifying a contract (purchase order) after it has been executed. 6. Contract is written evidence of an agreement between two parties (e.g. the County and a vendor) to perform some act or service. A contract may cover a specific transaction or a series of transactions. A contract is legally enforceable on both parties. 7. Cost is the sum of the dollar amounts of the product or item,plus all other dollar amounts that are needed to actually get it in service; such as electrical needs, space considerations, licensing, staff time to obtain, set-up, on-going operational fees (such as monthly data plans), etc. 31 P a g 8. Emergency is a circumstance,physical condition,practice, method, or operation which would, unless immediate action is taken,present an imminent risk to public health, safety, or welfare or which would interrupt or create a substantial risk of interruption of essential government services. 9. Estimate is a general budgetary or planning figure used as a guide. This may vary over or under from the actual cost and is used many times in building a budget and/or if it is desirable to continue with the possibility of a purchase. Some services only lend themselves to estimates due to many unknowns that make it difficult to establish a firm cost figure until either the work is underway or further investigation can take place. 10. Invoice means a document that itemizes charges for materials or services furnished upon which payment is due. 11. Lease means an agreement, whether oral or written, for transfer of possession of real property, or both real and personal property, for a definite period of time. 12. Obsolete Property is any property owned by the County that is no longer of use to the County. 13. Petty cash means a fund in the form of currency or coin that is advanced by an organization unit from appropriated funds to an authorized employee. 14. Price is the dollar amount of a product or item itself without factoring in any other dollar figures. 15. Procurement means the entire span of acquisition from determination of need through final disposition,with purchasing one segment of this cycle. 16. Procurement cards are credit cards issued to purchasing agents to simplify the procurement of smaller items. 17. Professional services are unique, technical and/or infrequent functions performed by an independent contractor qualified by education, experience and/or technical ability to provide services of a specific project nature and predominately intellectual in character. 18. Proposal or RFP—Request for Proposal is typically used for a more formal and broader selection of prices and options and recommendations from a variety of vendors that has flexibility for the selection that"fits"best into your operation. While generally used for requirements of$25,000 or more, an RFP is often employed where the selection of a supplier cannot be made solely on the basis of the lowest price. An RFP is used to procure the most cost-effective solution based upon evaluation criteria identified in the RFP. It affords the opportunity for creative solutions to a problem,requirement, or objective. Analysis of proposals allows them to be incorporated into the bigger picture"value" of the purchase with other factors incorporated into the equation and decision making process. This allows the Department Head to differentiate between price, cost, and value, (i.e. a lower priced vehicle may appear to be the right choice until the cost, options available, and use of it is considered. 19. Public works projects are as defined in Wisconsin Statutes § 59.29 as amended from time to time. 20. Purchase order means a formal offer to buy. 21. Purchasing agent means that person entrusted by this policy to represent their department and authorized to initiate purchasing transactions. 22. Quotation means avendor reply to inquiry,giving terms and conditions of sale,or an offer to sell. 23. Quote or RFQ—Request for Quote are usually informal in nature. They can be verbal/informal or written/informal, are used for quick comparisons, and aid in faster decision making. An RFQ is normally sent out when a request is received for goods and services valued at less than $25,000. The process is kept simple so that the transaction can be completed quickly. Quotes are used for smaller items that have no or very little variance in quality, function, or type, (i.e. an office task chair is quite consistent across all vendors.) Obtain at least three(3) or more quotes to provide adequate competitive comparable 4 1 P a information whenever possible. 24. Responsible bidder means a business that has the capability in all respects to perform fully the contract requirements, and the experience integrity,reliability, capacity,facilities, equipment, and credit which will a good faith performance. 25. Responsive bidder means abusiness who has submitted abid,which conforms in all material respects to the requirements, set forth in the invitation for bids. 26. Requestfor proposal means an invitation presented for vendors to submit a proposal on a specific commodity or service. 27. Requestfor quotation means an invitation for vendors to submit aproposal when the specifications of a product or service are already known and when price is the main or only factor in selecting the successful bidder. 28. Surplus Property is any property in a County department that is no longer of use to that department. 29. Transfer is the movement of County property from one County department to another. 30. Upgrade is a trade-in or advancement to a new model of an existing product or brand that has already proven to fit into current operations and has value to continuing its use. Current prices can be verified and double-checked for accuracy and comfort. 31. Value is the long-range life cycle total dollar cost of purchasing and using the product or item, which includes the price of the product or item, the cost to get it in service, the ongoing expense comparisons that contribute to the use in the operation over its life. For example; comparing a set of plow blades that are double the price of a lower priced blade, but last four times longer,resulting in lower lifetime expenses and lower down time expenses (down time cost avoidance)in changing blades more frequently. 32. Vendor means a business with which the County has purchased or may purchase a good or service. 33. W-9 form means a document issued by the United States Internal Revenue Service(IRS) for certain tax purposes. RESPONSIBILITIES The following agencies have the responsibilities assigned them under this policy in addition to those assigned under other policies, State and Federal laws and regulations. COUNTY ADMINISTRATOR Except as otherwise provided in this policy, the purchasing policy must be implemented and administered by the County Administrator or his/her designee. In so doing, the County Administrator or designee must: • Oversee all bid specifications based on information furnished by the department for which the purchase is to be made, ensuring that the bid specifications fully describe the goods or services to be purchased and clearly differentiate the same from similar goods or services; • Determine the form and required contents of all requests for proposal and requests for quotation; • Ensure compliance with all written policies, administrative practices and procedures as adopted by the County Board; • Ensure the maintenance of the fixed asset inventory; • Periodically review and recommend modifications and changes to purchasing policies, administrative procedures and practices where necessary; • Ensure departments have adequate funds available to undertake a requested purchase and, if not, modify or cancel the purchase to ensure budget compliance; 51 P a g • Review and,as needed, amend the quality and quantity of goods or services requested or otherwise make substitutions; • Ensure all bids are adequately publicized to inform local bidders; and • Maintain oversight over department purchase requests as they relate to need, quality, price, and conformity with County standardization practices. DEPARTMENT HEAD It is the responsibility of the Department Head to: • Ensure that there are funds budgeted to pay for purchases; • Report to the County Administrator any purchasing deviations from line items budgeted; • Document the receipt of all merchandise or services purchased; • Prepare appropriate invoices for payment; and • Properly record purchases made under the proper line item account code. • Designate a purchasing agent and determine the method of purchasing that is the most appropriate. DEPARTMENTAL PURCHASING AGENT It is the responsibility of the purchasing agent to: • Ensure that all relevant Board policies, State and Federal laws are followed; • Prepare all necessary documentation as required by this policy including requests for proposal and requests for quotation; • Conduct the purchasing process; and • Preserve and transmit all required documentation to the Department Head, as necessary. ETHICAL STANDARDS/CONFLICT OF INTEREST: County employees must meet the highest standards of integrity in public procurement and failure to do so will be subject to disciplinary action. Accordingly: • Some vendors provide gifts or gratuities for placing orders with them. County employees shall not solicit or accept anything of value for the performance of any services or duties. Any items received, such as gifts or gratuities, become the property of County. • Purchases by the County for the personal use of an employee or official are prohibited even if reimbursement is made to the County for the cost of the purchase. • County employees shall not,by act of commission or omission,in their capacities as employees of the County, exercise discretionary power in a manner inconsistent with the duties of their positions or the rights of other or with the intent to obtain dishonest advantages for themselves or for others. Specifically,if any staff member feels that there may be a possible conflict of interest or an appearance of a conflict of interest in his/her role regarding the purchase of any product or service,he/she shall bring it to the attention of the Department Head/Corporation Counsel for review. If it is determined that a conflict of interest exists, that person shall be removed from the decision making process regarding that specific purchase. • No employee may disclose confidential proprietary information from solicitations to other 6 P g e vendors or use that information for personal gain. • All procurement transactions shall be conducted in a manner that provides maximum open and free competition, based on merit and objectivity, and free from any influences of prejudices,personal bias, or conflicts of interest. Any purchase made by an employee or county official that is contrary to these ethical provisions must in no way obligate the County for payment. Any such purchase will be considered a personal liability of the involved employee or official. SECTION 2: CONSIDERATIONS IN PURCHASING ENERGY CONSUMPTION The County Board of Supervisors recognizes the importance of energy conservation in cost control and in environmental protection. Accordingly, in purchasing capital equipment that has an energy use of significance a department should work with the Facilities Department to request energy consumption data from all vendors in any request for proposals and may consider potential energy costs in determining the lowest bidder. CONTRACTING AUTHORITY Only the County Board Chair, the Highway Commissioner pursuant to Wis. Stat. § 83.015(2)(b) or the County Administrator or his/her designee can legally bind the County to any total lease valued or contract valued at or above $25,000 unless State law requires the signature of the County Treasurer or the County Clerk or any other party. PUBLIC WORKS PROJECTS If the estimated cost of any public works is between $5,000 and $25,000, a Class 1 Notice is required before a contract for the work is awarded or a contract is awarded with a person qualified as a bidder/proposer under Wis. Stat. § 66.0901(2). Pursuant to Wis. Stat. § 59.52(29), all public works,including any contract for the construction,repair, remodeling or improvement of any public work, building, or furnishing of supplies or material of any kind where the estimated cost of such work will exceed$25,000 shall be let by contract to the lowest responsible bidder. A contract, the estimated cost of which exceeds $25,000, shall be let and entered into under Wis. Stat. § 66.0901, except that the Board may by a three-fourths vote of all the members entitled to a seat provide that any class of public works or any part thereof may be done directly by the County without submitting the same for bids. This subsection does not apply to highway contracts which the Highway Commissioner is authorized by law to let or make. The Highway Commissioner,pursuant to Wis. Stat. § 83.015, shall: purchase and sell county road machinery as authorized in the budget; determine whether each piece of county aid construction shall be let by contract or shall be done by day labor; enter into contracts in the name of the County, and make necessary arrangements for the proper prosecution of the construction and maintenance of highways provided for by the County Board. Upon consulting with the Corporation Counsel's Office, a determination will be made with the 71 P a g Department Head to obtain at least three(3) written bids or proposals for purchases OR conduct an RFB or RFP depending upon the best interests of the County,unless special circumstances warrant otherwise. The appropriate departmental purchasing agent will work with the Department throughout the purchasing process and through vendor selection. For sole source purchases, the department must prepare the necessary documentation on why the purchase should be considered sole source. STEPS: I. Unless noted elsewhere in this document, all public works products/services are to be completed in consult with the Corporation Counsel. 2. Department determines the need for products or services. 3. Department and Corporation Counsel determine the best method for solicitation and will work with the departmental purchasing agent to develop specifications and evaluation criteria. 4. Solicitations shall follow Wisconsin Statutes. 5. The departmental purchasing agent works with the department to select the most responsive,responsible vendor. 6. As necessary, the departmental purchasing agent will develop the resulting contract with the department, Corporation Counsel, and the vendor. 7. Once Corporation Counsel has approved the contract as to form, the department will route the contract to the appropriate County authority and vendor for signatures. 8. The departmental purchasing agent will then file a fully executed copy of the contract with the department and send a copy to the vendor. 9. Delivery of products and/or services by the vendor. 10. Acceptance of products or services by the department. 11. Department processes invoice for payment with appropriate information (i.e. voucher). 12. Department Head forwards the approved invoice/voucher to the appropriate financial personnel for processing. 13. Vendor is paid for services. 14. Procurement procedure is complete until the product is ready for disposal. SECTION 3:CERTAIN PURCHASES,SPECIAL PROVISIONS GRANT FUNDED PURCHASES Unless specifically prohibited by the granting authority, grants must be administered through a written contractual agreement between the County and the party providing the service. All purchases made with grant funds must comply with the terms and conditions of the grant and this policy. If the grant requirements conflict with this policy, the County Administrator may suspend those provisions of this 81 P a g policy only for the specific grant and for the duration of that grant.The department head is responsible to comply with purchases covered by grant funds. Uniform Grant Guidance issued by the Federal Office of Management and Budget(OMB) outlined the following procurement standards for all dollars applied to federal grant programs: A. Micro Purchases (Items less than $3,000): Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold of$3,000 (2 CFR §200.67 Micro-purchase). To the extent practicable, the non-Federal entity must distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable. B. Small Purchases (Items between $3,000 and$150,000): Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that cost between $3,000 and 5150,000. If small purchase procedures are used,price or rate quotations must be obtained from a minimum of two qualified sources,unless special circumstances warrant otherwise. C. Large Purchases (Items greater than $150,000): Follow requirements under I (construction) or 2 (all other)below depending on applicability. I. Sealed Bids for Construction Contracts:Note that a federally funded public works project shall follow the lower dollar threshold requirements of Wisconsin Statutes §§ 66.0901 and 59.52(29) outlined in the public works projects section above. Bids are publicly solicited and a firm fixed 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 in price. In order for sealed bidding to be feasible, the following conditions should be present: (i) A complete, adequate, and realistic specification or purchase description is available; (ii) Three or more responsible bidders, unless special circumstances warrant otherwise, are willing and able to compete effectively for the business; and (iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. If sealed bids are used, the following requirements apply: (i) Bids must be solicited from an adequate number of known suppliers,providing them sufficient response time prior to the date set for opening the bids, for state, local, and tribal governments, the invitation for bids must be publically advertised; (ii) The invitation for bids,which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; (iii)All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; (iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, 91 P a g transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of, and (v) Any or all bids may be rejected if there is a sound documented reason. 2. Competitive Proposals for Other Contracts Greater than $150,000: The technique of competitive proposals for other contracts greater than $150,000 is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply: (i) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical; (ii)Proposals must be solicited from an adequate number of qualified sources; (iii) The non-Federal entity must have a written method for conducting technical evaluations of the proposals received and for selecting recipients; (iv) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and (v) The non-Federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E)professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method,where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort. D. Noncompetitive Proposals: Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: (1) The item is available only from a single source; (2) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; (3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity; or (4) After solicitation of a number of sources, competition is determined inadequate. PROMOTIONAL ITEMS Departments may purchase items of negligible value for educational or promotional purposes to be given to members of the public only at events generally open to the public or educational sessions. Such items must be clearly and permanently marked with the name of the County and the department or agency and funding for these purposes specifically identified in the annual budget. 101 Paan" COMPUTER PURCHASES In addition to the approval by the County Administrator, purchase or lease of computer hardware and software must be managed and authorized for procurement by the Department of Information Technology. For purposes of this section, computer hardware also includes copiers. The Director of Information Technology will manage and procure all requisitions for computer hardware and software. Technological compatibility must be a consideration in awarding any contracts for computer hardware and software. PURCHASES OF LEGAL SERVICES No purchasing agent may approve the purchase of legal services without the prior approval of Corporation Counsel. Corporation Counsel may establish a procedure for granting such approval. END OF YEAR PURCHASES Unless provided by other policy, State and Federal law,grant or other funding contract, all expenditures for capital assets must be made so that delivery of that asset occurs on or before December 31 in the year in which the purchase was authorized unless authorized by the County Administrator or his/her designee. HIGHWAY DEPARTMENT CONTRACTS Pursuant to Wisconsin Statutes § 83.035 as in effect at any given time,the highway commissioner,with the approval of the County Transportation Committee,is authorized to execute contracts for the purpose of enabling the County to construct and maintain streets and highways in cities,villages and towns within the County,with a copy filed with each respective clerk. Maintenance includes the furnishing of any road supplies and equipment to these municipalities. The highway department may not undertake construction or maintenance for such municipalities in excess of the County aid authorized by the County Board. All contracts executed with any municipality for such roadwork must provide that payment in full must be made to the County within 120 days of the completion of such roadwork. If municipality fails to make payment in full within this time, the highway department may not undertake any further work of any type or furnish any road supplies or equipment for or to this municipality without the prior approval of the Highway Commissioner. Further, if a municipality fails to make payment in full within this time, any unpaid balance outstanding bears interest at the rate of 5% per annum until paid. Highway contracts entered into under the authority of this policy must follow the standard contract approval and route and process as established by County policies and procedures as well as conformity with State law. INDEFINITE QUANTITY CONTRACTS Notwithstanding any other provision of this policy, and as permissible under state and federal law,rules and regulations, the highway commissioner may enter into a contract to procure materials for construction, maintenance and repair of highways valid for a period not to exceed two years. For purposes of this section, an indefinite quantity contract means an agreement to procure these materials at a set rate per amount,with the total amount to be purchased estimated only. These contracts must 111 Paage competitively bid following the standard procurement procedure appropriate for the estimated dollar cost of materials to be purchased during that year. PROHIBITED EXPENDITURES Unless specifically authorized by the County Board of Supervisors, the following expenditures may not be made using County funds: • Entertainment expenditures such as tickets for admission to public entertainment events, theaters, and similar; • Alcoholic beverages and tobacco, except in conjunction with a compliance investigation; • Retirement parties or similar events including awards and gifts unless the retiring employee has had at least 10 years of service to the County, the party or event is open to County Board and/or general staff, and the total cost for cake,beverages, etc. does not exceed$200; • Charitable contributions made by County employees; • Common courtesy expenditures such as flowers or cards for ill county employees or local officials; and • Any travel or related expense for employee's spouse, other family members or for any acquaintances. SECTION 4:STANDARD PROCUREMENT PROCEDURE DETERMINATION OF NEED A department head, or his/her designee, must initiate the procurement process through a determination of need, that the operation of that department requires the purchase of goods or services from an external vendor. If funds for that purpose have been appropriated in the annual budget, the department head or his/her designee may initiate this process by transmitting a request to the purchasing agent for that department or division. If funds for that purpose have not been appropriated, the procurement process may not be initiated until such time as funds are appropriated. PROCEDURES FOR COMPETITIVE BIDS Departments must use a bidding process in purchasing unless otherwise provided in this policy and even if not required are encouraged to do so.Awards must be made to the lowest responsible bidder. In determining the lowest bidder, the purchasing agent may consider cost of operation over the life of the item. When comparing bids or quotes,the following elements must be considered:price, conformity with original specifications,warranty, delivery date(if specified), and freight charges. Upon reviewing the bid results, the purchasing agent may elect to solicit additional bids. The department conducting the purchase will be the agent of record on the purchase, it is their responsibility to see that the requirement for competitive bidding has been met. PURCHASES IN PROCESS Except as permitted by the sole source purchase provisions of this policy, all purchasing agents must follow the procedures listed below based on the amount of the purchase. No purchase of a single good or commodity at the same general time may be divided into separate purchases to qualify for a lower 121 P g e threshold of approval,process or documentation. ORDERS LESS THAN $3,000 1_ If a purchasing agent determines the expected cost of the purchase is less than $3,000 and the goods or services are not offered on standard contracts,the purchasing agent may place the order directly with the vendor using his or her best judgment as the basis for vendor selection. 2 Once the order is accepted by the vendor and the delivery of goods and services takes place the purchasing agent completes a direct payment voucher or a purchase order payment voucher if a purchase order has been issued attaching the appropriate invoice unless this purchase qualifies for completion using a procurement card. 3_ The purchasing agent must forward the approved direct payment voucher to the F in an c e Department for processing except in the case of purchases made through aprocurement card. 4 The Finance Department must, on submission of the appropriate documentation, pay the vendor of these goods or services. ORDERS GREATER THAN OREQUAL TO$3,000 AND LESS THAN$150,000 1_ The purchasing agent must obtain at least two informal bids,unless special circumstances warrant otherwise, for orders greater than or equal to $3,000 and less than $150,000,i.e.not necessarily in writing or obtained through a full request for proposal process. These bids may include current price lists or catalogs,recent price quotations on file (within 30 days),phone or verbal quotations solicited from vendors and written informal price bids (including faxes). 2 Once the department secures the lowest informal bid the purchase/order may be placed with the successful bidder. After the delivery of goods or services takes place the department completes a voucher for payment attaching the invoice,purchase order, and documentation of the informal bids. 3_ The purchasing agent must forward the approved direct payment voucher to the Finance Department for processing. 4 The Finance Department must, on submission of the appropriate documentation, pay the vendor of these goods or services ORDERS GREATER THAN OR EQUAL TO $150,000 - COMPETITIVE PROPOSALS 1_ The purchasing agent must forward specifications and requirements and bid documentation to the County Administrator for approval,including justification for specification of a specific brand or model that may limit competition. 2 The finance manager or his/her designee must review the designation and approve the process, including specification of a specific brand or model. 3_ On approval, the purchasing agent must issue a request for proposals, allowing two weeks for a response unless another time period is authorized by the finance manager and obtain three formal written bids or proposals,unless special circumstances warrant otherwise. 4 If vendors submit bids for a product or service different from that specified, a determination must be made if the alternate item is an equal substitution. The vendor must provide sufficient product information for the user to evaluate the alternate item. If not awarding to the low bidder, justification for not accepting the low bid must be documented. 5_ The purchasing agent must document at least three formal written bids or proposals, unless special circumstances warrant otherwise, which may include faxed and emailed bids or proposals. The prices quoted must represent all costs including delivery and,if applicable, 131 P g e estimated energy usage over the life the equipment. 6 The department must execute a purchase order to the successful bidder. All purchasing documents are to be reviewed by the Finance Department to ensure proper procedure was followed upon approval. 7_ Following delivery of goods and services by the vendor and acceptance of goods or services by the designated department, the department must complete an electronic receipt of the goods and services. 8. On receipt of the invoice and completion of the electronic receipt,the Finance Department must pay the vendor of these services or goods. ORDERS GREATER THAN OR EQUAL TO $150,000 - SEALED BIDS 1. A department head must request authorization from the County Administrator to proceed with the advertisement of bids, furnishing complete and detailed specifications on the item to be purchased including any specification of a particular brand or model that may limit competition. 2. A department head must develop a written request for proposals and submit to the County Administrator forpublication. 3. The finance manager or his/her designee must review the designation and approve the process, including specification of a specific brand or model. 4. On authorization, the County Administrator or designee must publicly advertise the bid on the County website. 5. All bids received must be sealed and received prior to the determined date of opening. 6. All bids received must be publicly opened,with the department head and/or purchasing agent and a representative of the County Administrator or designee present. 7. If vendors submit bids for a product or service different from that specified, a determination must be made if the alternate item is an equal substitution. The vendor must provide sufficient product information for the user to evaluate the alternate item. If not awarding to the low bidder, justification for not accepting the low bid must be documented. 8. Decision on bid award is the responsibility of the purchasing agent.No award of any formal sealed bid results may be made without prior approval of the finance manager. SOLE SOURCE PURCHASES It is the expectation of the County Board of Supervisors that all purchases will be made under full and open competition except as provided in this section. Justification for other than full and open competition may be: ONLY ONE RESPONSIBLE SOURCE:The supplies or services required by the department or agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements. In the determination of only one responsible source, documentation must cite specific reasons for such exemption, such as compatibility with existing equipment,professional services that involve specific knowledge or familiarity with County activities not otherwise available, or that only one supplier exists to provide particular goods or services. FUNDING SPECIFICATION: The source ofthe funding,e.g.granting agency specifies asingle source for goods or services. Documentation requesting sole source purchases must include a copy of those provisions specifying this source. 141 Paage UNUSUAL AND COMPELLI N G URGE NCY: The department or agency's need for the supplies or services is of such an unusual and compelling urgency that the County would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Solicitation from as many potential sources as is practicable under the circumstances is required. This urgency may also extend to delays in procurement through other vendors that would be unacceptable to the County. This authority will not be approved if it is determined that the urgency is due to a lack of advance planning by the department or agency. Documentation for an emergency purchase must also include an explanation of the emergency, the financial or operational damage or risk of damage that will or may occur if needs are not satisfied immediately, why the needs were not or could not be anticipated so that goods or services could not have been purchased following standard procedures. In all justifications made under this section,the requesting purchasing agent must list the reason and process used for selecting the vendor and documentation supporting the cost in the absence of directly comparable market data. INVOICES An invoice must be itemized and provided to the Finance Department before any payment may be authorized. An invoice must contain: • Purchase order number, if used; • Itemized list of merchandise shipped; • Prices,terms, date, quantities and all other pertinent information about the purchase; and • All charges for delivery,freight listed separately from the merchandise. Payments requests sent to the Finance Department must be accompanied by the original invoice, including any supporting documentation. An email or fax copy of the invoice will also suffice provided that an original invoice number is provided.No payment may be made on pro forma Invoices. All invoices must be made out to the County with the goods and services shipped to the County. CHANGE ORDER A written change order may be issued only by the department head with the approval of the original signatory to the contract or his/her designee. Changes made by others in the purchasing process once an initial purchase order has been approved are considered invalid and their issuance subject to disciplinary action. PREPAYMENTS No goods or services may be purchased using prepayments (excluding employee travel expenses), or payment before receipt, without the written authorization of the F in an c e Director or his/her designee. SEC T ION 5: O T HER PURCHASING PROCESSES 151 P g e STATE CONTRACT If so determined by the department head, the purchasing agent may use existing contracts bid by the State of Wisconsin and bypass the competitive bidding process outlined in this policy for purchases of less than $15,000. Purchases greater than $15,000 require prior approval by the County Administrator. For purposes of this policy, any purchase made from the State of Wisconsin cooperative purchase contract constitutes compliance with any competitive bidding requirements. Further, the State contract amount may be used as price comparisons for the purpose of the competitive bidding requirements for identical items COOPERATIVE PURCHASING Departments may participate with a network of other governmental agencies for cooperative purchasing up to $15,000 which will meet the competitive bidding requirements. An example of this is the fuel contract. STANDARD CONTRACTS Notwithstanding other provisions of this policy, if the Finance Director has standardized the purchasing of a good or service and has issued standard purchase orders or contracts for these goods or services, such goods or services must be purchased from the identified vendors. PURCHASES FROM COUNTY EMPLOYEES AND OFFICIALS Provided all other provisions of this policy requirement are met, any single public official or County employee may enter into contract with or sell to the County in which they have a private interest in, provided further that the contract or sale does not exceed an aggregated amount of$15,000 per year (see Wisconsin Statutes § 946.13). In addition, all such purchases must be made with full disclosure, meaning discussion at a meeting of the Administration Committee prior to the purchase. PROCUREMENT CARDS Procurement cards must be issued by the Finance Director. Each card must have a dollar limit set by the Finance Director; no purchase in excess of this limit may be made without the authorization of the Finance Director. Other than as specified, use of a procurement card does not negate any other requirements of this policy. SALES TAX EXEMPTION As the County is exempt from Wisconsin State sales tax; employees must provide sales tax exemption information to any hotels, car rental company and similar when traveling on County business. SECTION 6: MISCELLANEOUS PROVISIONS DISPOSAL OF EXCESS SUPPLIES OR OBSOLETE EQUIPMENT Supplies or equipment no longer serving a useful purpose must be reported to the Facilities Director. 161 Paan" For items of other than negligible value,the Facilities Director must dispose of the supplies or equipment by transferring the material to a department which may need similar supplies or equipment,by competitive sealed bidding,by public auction, or in such a manner considered to be in the best interest of the County. County-owned supplies or equipment must not be sold to County employees except by public auction or through public, competitive bidding. CERTIFICATE OF INSURANCE A certificate of insurance is required by the County when contracts with a vendor for materials, equipment, construction, remodeling, supplies, or services, that vendor's activities and the goods provided create an inherent liability risk to the County. The contractor must add"County of St. Croix,its officers, employees, and agents" as an additional insured under the commercial general, automobile and contractor's pollution liability and workers' compensation policies. Certificates are required for contracted service vendors and require receipt of the certificate and continued renewal of the certificate while the contract exists. W-9 FORM Vendors doing business with the County must provide a signed form W-9 to the Finance Department before payment will be authorized. LAW ENFORCEMENT/EMERGENCY EVENT MEAL PURCHASES Notwithstanding any policy to the contrary, the sheriff or his/her designee may authorize the purchase of meals for law enforcement employees or volunteers at an accident or crime scene, natural disaster, search and rescue operation or a cooperative event with another law enforcement department where the required time commitment spans a traditional meal time and it is impractical to leave the scene. The maximum amount per meal may not exceed the maximum amount stated in the relevant travel policy. COUNTY PURCHASES FOR PERSONAL USE A purchase for personal, non-County use is strictly prohibited by the County. County employees shall not use their position with the County to secure discounts or free products for their own personal purchases or to defray paying sales tax. This does not limit the ability of employees to receive discounts normally available to all County employees. OFFICES HEADED BY ELECTED OFFICIALS While elected officials are responsible to the voters and not technically under County supervision, it is in the best interest of the County that purchasing procedures within the County are standardized as much as possible. These procedures are for the elected officials to use, as well as, to assist them with the budget they are responsible for and satisfy the various requirements and regulations of the County. 171 P g c DE MINIMIS FRINGE BENEFITS/GIFT CARDS In general, a de minimis benefit is one for which, considering its value and the frequency with which it is provided, is so small as to make accounting for it unreasonable or impractical. The IRS has determined that cash, gift certificates, gift cards, etc. are not excludable from income as a de minimis benefit thus, gift cards provided to employees as incentives or awards are taxable income to the recipient. 181 Paac