HomeMy WebLinkAboutPolicies - BOCC (002)Grant County Personnel Policy
1602.01 Procurement of materials, supplies, equipment, goods, and senq*ces (public
Nvorks) Processes
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The follo�ving guide created to help those in the County who perform
procurement of any through the various processes the County has
adopted to procure materials
goods, and services. While following these
guidelines one should go back, to the general procurement section of this
policy to help 'in the
decision-making process and the public worlc-s
contracting process.
This guide is not meant to be the absolute authori" ty for procurement. It is a
living document that may change based on legislative changes, policy changes,
and input from those that perform procurement of any kind for the County,
Changes to this police should be reNdewed by the Directors of Central. Services
and/or Public Works, then sent to the BOCC and Human Resources for
approval and publication.
Anyone performing procurement should always research the Revised Code of
Washington (R W), the Washington Administrative Code (WAC) and other
official publications directing the work of procurement by Counties in
Washington State. This policy may be updated from time to time. If you
perform procurement for Grant County, your engagement in this process is
valued, and important. Share changes andi.deas With others thatperform
these same tasks to ensure all of Grant County isfolloNYing the procurement
guidelines as established while building efficiency and '
steward they can be With the public funds. performas the best
ing
1602.02 Before you start
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Grant County Personnel Policy
All public iemrks protects in Grant County require the selected contractor to
oJ
pay at least the "pre -\,railing wage." If performing a. formal bid process
and by
formal, the intent is that your department is publishing a bid to the MRSC
roster for a public work or in the paper of record or regardless of publication
i,Nrill hold a bid opening, and subject to that bid opening, award a public works
project to a responsible bidder, you should at a minimum have the follo�1�ring.
the time and place where. bids will be opened.
00
the time after which bids will not be received.
the materials,, equ* me t, or supplies, to be purchased.; and
ip __ I
that the specifications. maybeseei -1 atthe office of the clerk of the county
legislative authority (or a location as specified by your department)
There are two different. that that speak- to the time a bid must be pub! shed
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one Is 13 days and the other 15. 15 days is the -amount of time Central Services
typically utilizes, ensure you understand the RCWs for your procurement,
1602.03 Requests
Requests and approvals are performed through the established "consent"
process and are not immediate. Departments requesting purcbases above
$5000.0o, and/or approval of public works or any purchase not previously
approved shall perform the fol.lo *
ng.
a) During the budget process, ascertain all projects you believe to be require- d -
for the upcoming year. Attempt to be as accurate as s possible with the
expected costs of purchases and projects and add them to the cap* it al
Outlay requests as required through 'instructions during the budget process
and submitting them for approval,
1) Simultaneously cheek to see if the capital purchases or projects need to
be includedi
in the Capital Facilities Plan, while doing so, nspect that
list for anything I no longer required or that has been completed and
'notify the Development Services designee so it may be corrected on the
CFP.
2) After the budge- has been approved, verify all projects/purchases were
included and prepare "Requests for
Bids/Proposal /Qu lifcations/ Quotes' as needed. If your purchases
require the coordination of other departments, coordinate their
purchase or installation pith them directly.
(a) No department is authorized to purchase or procure
technology related items or software without first conferring
with Central Serv`
ices and the technology services
0.
department. Departmeni
ts must keeT) n mind that many
software vendors require ongoing licensing that must be
accounted for in each year's budget.
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Grant County Personnel Policy
(b) If making any purchase that requires secondary approval
from the Board of County Commissioners {Bo ) the
EO/DH should submit a letter on department letterhead to
the Clerk of the Board with the folio fin for submission on
the next weelrs BOCC Consent Agenda. The deadline for
adding items to the BOCC Consent Agendais any Thursday
10
by1:2pM (noon) or as otherwise directed by the Clerk of the
Board.
Reason for request and type of purchase
(2)Whether it is or i's not a public wort
(3) Whether it is a service or a lease (Information may not
need to be included)
(4) Which method ofprocurement is intended to be used
from15- 04-06 (2)
(5) Whether you.are performing an RFB/RFP/RFQ/ or
informal nformal quotes
(6) ldentifyy the ftinding source-.
dur"
approved in
(C) If g the Consent Agenda, perform the
purchase if nothing else is required. If any, advertisement for
bid or roster process is re
. quired., after complet 'Ing the
process another letter shall be -provided through the same
consent process )A4th the following information.,
W Describe the type of process that -was performed and if it
Nvas or Navas not successful.
(2)The number of responsive submissions that meet all
0 1
requirements, of bidder responsibility as per RCW
39-04-350.
(3) The names and. nd amounts for each responsive submission.
(4) The recommendation to, or not to award the worlz, or
purchase,,
(d) Departments should be ready at this time toprovide a
contract to the Contractor or a purchase order to the vendor
if required. If providing a contract, have the contract signed
by the contractor first, then pro -Ode to the civil -prosecutor
for approval where it will then be forvarded to the BOC C for
signature.
(e) Complete your purchase or project, RCWs, regarding the
process of completing a Public Work are specific and will be
discussed 'in further detail later in thispolicy.
1602.04 Purchases from Amazon
Grant County enjoys the use of a County wide Amazon account maintained by
Central Services. Each department has their own departmental logon and can
make purchases and have them delivered to the Courthouse or where your
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county business requires it. It is not a membership for movies, music, or for
personal use. No Countyemployee should ani -
ny personal items shipped to
the County or use the County Amazon account for personal purchases. There
is the possibility of disciplinary action if the Amazon account is being used for
personal. use. If you need to utilize this account, your EO/DH should have the
information needed as they administer the accounts for their departments.
1602.05 Purchases from the Vendor Roster
RCW 36.3 2.245 and 39.04.190 sets out advertising requirements for the
purchase of materials, equipment, or supplies in all counties. Grant County
includes, the minimum as per RCW but also adds requirements. If the
purchase is between $io,000 and $50,000
A request to at least 3 vendors on the vendor roster at least once, 13 days
prior to the final date for receiving bids and must state,
0 the time and, place where bids will be opened.
o the time after which bids will not be receiVed.
a the materials, equipinent, or supplies, to be purchased; and
o that the specifications may be seen at the office of the clerk of the county
legislative authority or a location as specified by your department)
0 if the purchase is over $50,000, you must publish it in the -paper of record,
you can still use the vendor roster, but you must take this extra step.
1) Quotes should be inclus f all costs including tax and be a lump
IV e o
SUM.
2) Departments or representatives. will not inform a vendor of other
vendors quote,
3) A written record shall be made by the County representative of each
vendor's quote on the materials, supplies, or equipment, and of any
conditions imposed on the quote by such vendor.
It
4) All the quotes shall be collected and presented at the same time to the
appropriate designee as appropriate for consideration, determination
of the lowest responsible vendor and award ofpurchase.
believe *
5) Whenever there is a reason to Detieve that the lowest acceptable quote
is not the best price obtainable, all quotes may be rejected, and the
County may obtain new quotes or enter direct negotiations to achieve
the best possible price. In this case, the department shall document, in
writing, the basis upon which the determinat * ion was made for the
award,
1602.o6 To r if you are going to make a purchase between $10,000450,000.
Write an invitation to submit a price for your intended purchase on your
department letterhead, include the information as stated above as needed,
select the appropriate vendors, and publish your request. If you do not have
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any vendors on the list that can supply your need, mail it to all vendors. Do
your best to try and get 3 quotes. Try to use local companies. When the date
and time arrives for opening any submitted -proposals, see if they are wi'thin
VoUr budgeted expectations, if secondary BO -CC approval 1 0 red it should
9 s re
have been provided prior to the advertisement. If it is above your budgeted
expectation,, ascertain why, is it $1o.0o or $i0000 above your expectation?
a) If it is well above' expected amount, decide on the possibility of
rejecting all bids be realistic n th your budget amount, your department.
should have a good idea of the cost -prior to requesting submittals,
b) If the price is in keeping with industry standards, is competitive and a
department was mistaken on its estimate? Try to ensure itisa good and
fair price for the project orpurchase, if "t is found to be a good rice and it
p
is above your budgeted amount.? Submit a request to the BOCC through
the consent process,, explain the discrepancy and the. cost, identify where
you. plan on procuring funds from your budget or request a budget
extension and request BOCC approval for thebase.
purc
c)
If no vendors provide a submission, you may directly negotiate -vvi -le
th tl
vendor of your choice however, you must perform your due diligence and
ensure the County i's receiving this purchase at a fair price, compet♦
itive
with mark
et conditions. rote efforts and keep in a file with. tIhe
purchase documents.
1602.07 Determining the Lowest Responsible Vendor
IF
The following factors, in. addition to price, may be taken into consideration by
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the Countyin determining the lowest responsible vendor. These criteria shall
also apply in selecting products or services either offered "th, or associated
wi
indirectly with, Countyprograms or facilities.
a) Any preferences pro vi ded. by la to localproducts or vendors.
b) The ability, capability, and skill of the vendor top erform the contract.
c) The character, Tnte,rity, reputation, judgment, experience, and efficiencv
of the vendor
d) Whether the vendor can perform the contract within the time specified
e) The quality or performance of previous contracts or services
f) The previous and existing compliance by the vendor With laws relating to
the contract.
g) Life Cycle Costing-. in considering the purchase of materials, equipment,
Supplies whenever there is a reason to believe that applying the "life cycle
costing" method of quote evaluation would result 'in the lowest total cost to
the Countv, first consideration shall begiven to purchases with the to
V
life cycle cost which complies-M*th the specifications.
b) Recycled Products.- The Count shall also seek to maximize the purchase of
products using recycled. materials and products suitable for recycling
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unless the purchase ,All result in an unreasonable increase n price or
degradation of quality or performance over comparable products,
16O2.o8 Informal Competitive quotes.- up to $io,000
a) A County representative shall try to contact at least three vendors. The
-number of vendors contacted maybe reduced If the 'item being sought is
only available from a smaller number of vendors. When fewer than three
quotes are requested or if there are fewer than three replies, an
explanation shall be placed in the procurement file,
b) Whenever possible, quotes will be solicited on a lump sum or fixed unit
price basis,
c) At the time quotes are solicited, the County representativeshall not inform
a vendor of any other vendor's quote.
d) A written. record shall be made by the County representative of each
vendor's quote on the materials, supplies, or equipment, and of an
s y
conditio * I I P."
n imposed on the quote by such vendor.
e) All the quotes shall be collected and presented at the same time to the
0,
appropriate designee as appropriate for consideration, determination of
the lowest responsible vendor and award of purchase.
f) Whenever there is a reason to believe that the lowest acceptableqnote is
not. the best price obtainable, all quotes may be rejected, and the County
may obtain new quotes or enter 'Into direct negotiations to achieve the best
possible price, In this case, the department shall document, in writing, the
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basis upon wnien the determination was made for the award.
1602.09 Public World: RCW 36,32.250 sets out the advertising requirements for the
0 i
p-Liblic works bidding process n our County. Advertisements for bids should
contain speciffications and procedures for bidders to use in estimating their
b ids. At a minimum, a bid -notice for a public NN;rorR should include the
4
following items,
* the time and place where bids will be opened.
o the time after which bids Will not be received.
0 the character of the work to be done.,
9 the materials and equipment to be furnished: and
e that specifications for the project may be seen at the office of the clerk of
the county legislative authority (or at a place that is specified).
o A statement that a public agency cannot accept a bid as responsive without
a bid bond.
A copy of the prevailing wage rates with the date key code the same as the
date the bid Is published.
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There are many facets to procuringa public Nivork not outlined here. The
process ofit�Tritin a bid., im4ting the public to rov"de a submittal for goods or
services, and the processes behind these documents can involve a great
amount of risk. to the County. one performi� this process should be aware of
the requirements for bonds, (performance, payment, bid), for the insurance
requirements of the County, of hold harmless agreements, and other issues
that are important to include in documents that are beim published. There
�
are many examples of these on the County website. Do not imply eat end
paste into your own document and expect that it 'is correct. Anyone
performing this process should u.nd.erstand each line in the documents the
publish to the public and the risks involved 'in not perform Iin this In a correct
manner.,
The following processes were compiled. by the Central Services Director and
reviewed by the .public Works Director. There are differences between the
�tpublic works" performed through Central services and f� public Arorlrsx'
performed through the Public Works department including some state laws.
The follow ing process'"chile detailed are not exact. If one has questions or
concerns, they should reach out to either of the Directors of those
departments or the Civil Prosecuting .ttorne for Grant County.
For the following dollar thresholds, there are differences in how and where
you report them, how the projects are maria ed and how our agency is
required to communicate with the public. The following thresholds assume
the use of the: MRSC roster.
Grant Count,r i's statutorily authorized to dispense with public bidding, what
does this near, It means we utilize the MRSC roster to advertise for p
ublic
works and that under the conditions In 1504.34 eve do not advertise to the
public unless a public work is valued over $350,000. what is required is that
after a bid opening of a project published to the roster, the opening log sheet
is open to public inspection..
a) after the bid opening, copy the bid opening log sheet and send (through a
Spice -works request, along with the original bid document (RIFB/P/Q) to
GOTS and ask that it be posted under the correct header on the County
web site. (header being request for bids, proposals, or qualifications)
1602.10 $350,000 value or greater
For any public work expected to be above this amount, an advertisement i
s
required in the paper of record. If you are unsure whicha er that is you may
p p �y y
ask the staff of the BOCC office. You should also past it on the County website.
You may also publish your bid to members of the MRSC roster. Remember
we desire to have numerous contractors roe 'ding submissions so we may
y
evaluate the best value or lowest responsible bidder for the. project. Except in
rare instances, we are required by law to accept the bid from the lowest
responsible bidder, not the best 'value". dor those instances lease con
p salt
with either the Director of Central Services or the Director of Public Works. As
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%arant County Personnel Policy
practice for proects i size yogi also elect to publish your bid to
a jof phis siu m
statewide "plan centers" for the Widest possible distribution.
Your bid document should be very complete, Nvith a detailed. scope, an
An
engineer's estimate of the cost of the project, and all the folloJ*ng items
should be placed in your document. at a mini
IMUM
(This list is not in. a specific order)
0 Who is requesting the bid?
a Time and Date of the Public bid opening
e A statement providing the obj ective of the bid.
a A statement regarding the requirement or lack thereof of a site
wall, -,through or meeting'"rith the County.
e Instructions for Bonds and *insurance with the statement of the required
timing of these document
S.
Instructions for the cover letter that is required and. the exPectations of
how the, bid form shall be filled Out.
0 Checklist of those items required for a proper bid submittal,
a The process for Bid protests, Bid wi'thdrawal, Responsive or non-
responsive bids.
A statement as to how the bids will be evaluated, that mathematical
corrections rn-ay be made and that we NNTIRI award to the lowest responsible
bidder.
A statement that the bid. opening is an initial opening, and the award wi11
not be made until. the bids have been full yevabated and vN Then that will be
completed,
e A detailed scope of work with clear expectations
0 A deadline for when any technical questions can be received and when all
questions Will be answered.,
0 Hold harmless statement.
A statement that Grant County re erns the right to reject any and all bids
for any reason.
* A copy of the proposed contract
0 Statement explaining how the County lArill pay the contract.
o Any engineering data that has been prepared for the bid.
o Any supplemental information such as maps, locations, specifications for
equipment or other se.
0 Statement inviting minority, veteran, women owned businesses.
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Any security requirements or special conditions that may be present for a
contractor to perform their work.
Timing of the work, if it Will require weekends, holidays, nights, or
expected overtime,
A copy of the prevailing wage rates with a date keycode equal to the day of
.k
your bid publication.
1) In the spirit of attemting to receive the best price select as many
p
appropriate contractors as possible (or all in a category) on the MRSC
roster and publish via email to those contractors- as well as thepaper
of record. The advert"
se dent in. the paper of record should be kept
short and direct anyone reading it to the place where they can
download the documents. (Example), "Grant County is inviting all
41
interested, appropriate and. le firms to ubm it b * d for
n responsib s I s
contract. #XXXXV the building of aWi idget factory in Ephrata WA. To
download all bid documents and ask questions please visit,
wv"v. grantcountywa. gov/ request for bids, or proposals, or
qualifications (Whatever it may be) These bids must run for a
minimum Of 13 days (not including the bid publication date-) prior to
opening. In the paper of record this advertisement must run at least
once 13 days prior to the bid openincr date, not including the
publication date.
2) Departments should keep a detailed "questions and answers" log
during the bid process. Stipulate in your did. document how these'"411
be handled. Typically, there is a deadline for when these questions can
be received and a stated date when all will be answered, Central
Services as an example, anon ymizes the questions and responds to
these questions as quickly as possible and sends them out to all who
received the original bid. Unless a contractor specifically states they do
not wish to receive them, you must send it to all contractors on your
list. At the deadline for submitting questions one last log is sent t
en out
with the notice that the questionperiod has ended and no further
questions regarding, a project or a purchase will be answered, you may
always answer questions regarding the bid process itself. You. cannot
answer any question that would provide an advantage to any one
contractor over another.
3) Keep a file of the Bid, the advertisement in the paper of record, the list
of contractors selected, if narrowed, also keep the narrowed list of
contractors, the question -and -answer log, and all pertinent
communications with any contractor regarding your bid. All pertinent
project inform'ation such as the contract, bid bond, insurance
certificate, P&P bonds if required. Remember, there are differing
retention schedules for documents of winning and losing bidders.
4) :fold your bid opening at the appointed time and place, record the bid
opening on a bid. opening log sheet your department creates.
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somewhere on your log sheet you may. wrIite "Apparent loNv bidder"
based on the initial bid opening. The bid opening shall be immediately
available by phone or electronic request and the log sheet sent to GCTs
(through a Spiceworks request) for publication on. the County website
,vNith1*1124 hours of the opening.
5) Fully evaluate your bids, ensure all your contractors are responsive.
Dict they meet the responsible bidder criteria and supplemental criteria
as laid out in RCW 39.04-350? Did they include all documents as
required? If you are insure as to material orIm aterial irregularities,
consult the civil prosecuting attorney.
If all bids are in order, select the lowest responsive bidder and submit a
letter to the BOCC iA4th your departments recommendation to award
the project to said contractor. Simultaneously, inform all bidders of the
intent to award to said. contr ctor by email or phone or by
direct
communication., also In the sane notice if sent electronically, state the
names of any contractor that was non-responsive, you do not need to
state the. reason shy., youmay do this directly �� th the contractor in a
separate notification or phone conversation.
7) If you deem a contractor non-responsive, you need to inform them
immediately, this action may cause the contractor to file a bid protest if
the contractor does not agree, thus typically the contractor is informed
as soon as practical as bid protest are typ ically required within 24
hours or as per the instruction is your bid document)
If there are no protests and the BOCC has signed your
.recommendation, you may enter a contract with. the . selected
contractor. To do this you should in a :tici ation. of a -warding to said.
�_ g
contractor, have been adding the pertinent information to the
proposed contract 'included in the bid. document. Ensure all required
items of the contract are correct. If questions arise regarding the
contract, seek the advice of the civil prosecutor's office. have the
contractor sign the contract and return it to you, turn this contract over
to the civil prosecutor's office for review and for their approval as to
form., the prosecutor will notify you that it is approved and send at to
the BOCC for signature. once signed., send to the Contractor and you
have a fully formed contract". Keep a copy on file with the bid
documents and provide the original to the Administrative services
Coordinator in the BOCC office for inclusion into their records. The
contractor shall as soon as possible, provide a certificate of insurance
as described in your bid and provide PP Fonds if required.. The
Contractor also must file an "intent to Pay prevailing wage" dth. L I. A,
g
contractor generally should not start work until the intent is approved
by L&I. You can track this in your L&I portal.
9) Perform your project, understand the retention schedule, communicate
any financial needs early and often, if any action such as budget
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%.ffrant County Personnel Policy
transfers o, r* extensions will be required you will need to do those
expectitiously. Understand retention of your documents. Understand
the need for reporting to Labor and Industries (LSI), notice of
completions, (NON), certified payroll reporting, intents & affidavits
and how to communicate with LI through the LI portal.
0-.0
lo) Remember to budget for retention if retention -vvill not be paid during
the current fiscal year. For u"dance on this, contact the Accounting.
department. Understand the process for Aig's if -utilizing grant funds.
Understand the needs for grant tracking if utilizing grant funds for
your project.
1602.11 Project Values $0.00-$350,000
RCW 39,04.155 stipulates the process for project within dollar
s the following
limits. Although it is printed here, best practicewould be to apply the same
guidance as in the section above, although it 'I's only required that we follow
the Raw a.s stated.
a) There is, no need to publish a project writhin these dollar values in the
paper of record OR on the CountY web site if utilizing the MR SC roster if
you are notutilizing the roster, it shall be placed on the web site and in the
paper of record,
b) In the spirit of attempting to receive the best price, select as many
appropriate contractors as possible (or all in a category) on the MRSC
roster and publish. -via email to those contractors. You. -may elect to only
publish your request to five (5) appropriate contractors., but you shall be
fair and equitable, in. your distribution of bids. In other words, if you select
5 contractors to bid on 4 steel building (for example), the next steel
building cannot be published only to the same 5 contractors, you may
invite them again however, you must invite others for a fair and equitable
process,
c) Keep a file of the Bid, the list of contractors selected, if narrowed, also
keep the narrowed list of contractors, the question -and -answer log as in
the section above and all pertinentcomm unications
* with any contractor
regarding your bid. All pertinent project information such as the contract,
bid bond, insurance certificate, P&P bonds if required.
d) Follow sections (i) through (x) as above.
160 2.12 Limited Public Works Process for projects less than $50,000
In lieu of awarding contracts under the previous section, Granit County may
award a contract for work, construction, alteration, repair, or improvement
projects estimated to cost less than fifty thousand dollars using the limited
public works process found in RCW 39.04-155 (3). For limited public worl.,,-s
projects, your department shall solicit electronic or written quotations from a
minimum of three contractors from the appropriate small works roster and
shall award the contract to the lowest responsible bidder as defined under
RCW .04-o .o. For this process you should follow the sameprocess as stated
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in 1504 (a.) and (b) above. After an award is made, the quotations shall be
open to public inspection and available by electronic request. You mu- st,
equitably distribute opportunities for limited public works projects among
contractors willing to perform in the geographic area of the work.
As Per RCW 3 9.04. 0 10, Grant County shall maintain a I ist of the contractors
contacted and the contracts awarded as limited public works, projects during
the previous twenty-four months. under the lim*it edi)-abl"clATorl'-'s process,
including,
• The name of t1ae contractor,
• The contractor's registration number,
e The amount of the contract,
a A brief description of the type of work performed,
0 The date the contract was awarded.
Departments utilizing this process should (if desired) report these projects to
the Director of Central Services where a list vvNill be maintained on the Central,
Ser-vices'web page. If electing not to report, all items shall be Re* t by the
p
department performing the work.
For limited public works projects, a state agency or authorized local
government may waive the payment and performance bond requirements of
RCW 39. o8 and may waive the retainage requirements of RCC
6o.28.oii(i)(a), thereby assuming the liability for the contractor's
non-payment of laborers, mechanics-, subcontractors, mater alpBr ons,
suppliers, and taxes, increases, and penalties imposed under Titles 50, 51, and
8:2 RCW that may be due from the contractor for the limitedpublicWO rRs
project, however the state agency or authorized local government shall have
the right of recovery against the contractor for anypayments made on the
contractor's behalf.
1602.13 Accepting a Bid and understanding what a. Responsible Bidder Is
(The following is from MRSC)
-1--% * ?
1602.13-01 What is a Responsi've.Bid..
Responsive bids are bids that are :s bmitted on time With all of
the information the agency requested. Agencies should. i'dentify
in the bid documents an official bidding clock located in the
room where the bids will be opened. This clock should be
checked on a bid opening day to verify 'its accuracy,
Bids submitted after the submittal deadline or at the wrong
it
location should be rejected as non-responsivei
— n other words,
agencies should neither accept nor open late bids. If a contractor
claims extenuating circumstances, refer them to your agency's
attorney,
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Typically, bidders must provide the following information at the
time of bidding"
* Sealed bids,,"fth the name of the project and the time and
date of the bid opening clearly stated on the outside of the,
bid packet.
* Bid guarantee in the form of a bid bond, cashier's check,
certified check, or personal. money order.
* Lump sums, unit prices, and total prices in the spaces
provided on all of the bid forms, i cludi ng all appropr ate
in
sales taxes,
* Receipt of addenda -acknowledged.
* Acknowledgment of attendance at mandatory pre-bid
meeting, if so required by the agency (agency to verify).
(Deciding to require a mandatory pre-bid meeting should be
evaluated for each project based on thep articular
circumst ances of the prof Ject. Such process should then be
mana,ged very carefully.)
* Non -collusion affidavit certificate
* Mandatory bidder responsibility questionnaire with all items
filled in,
while it is possible to do a brief check when the bids are first
opened, the agency must reserve the right to ascertain full
compliance with the bid proposal. requirements after a more
detailed review.
Additional items max be required shortly after bid opening:
• If supplemental bidder responsibility criteria are require,
(see below), a separate questionnaire must be, filled out and
submitted within 72hours after bid opening. However, this
questionnaire should only be required of the apparent low
bidder and the next two lowest bidders.
• For projects that cost an estimated $i million oar .more, a list
of all subcontractors for HVAC, plumbing, or electrical work
must be submitted (RCW 39.30.o6o). The bidder may also
submit itself for any of these categories. This list may either
be submitted within one hour after the bid opening (the
preferred method) or at the time the bid is submitted.
1602.13-02 What is a Responsible Bidder?
Responsible bidders, as defined in RCVS 39.04.olo and
39
.04- , must meet a number of mandatory criteria. The 350
bidder must. -
Grant County Personnel Policy Page 13 Of 23
Grant County Personnel Policy
9 Be a registered co-ntr* actor.
a Have a current Unified Business Identifier (UBI) number
Have industrial insurance/-vvorkers'comp coverage, which
means they normally cannot be sued for damages if a work-
related*injury or illness occurs. For more details, see L&I's
publication Employers' Guide to Workers' Compen n
satio
Insurance in Washington State.
a Have an Employment Security Department (ESD) account
it
e Have a state excise tax registration number
e Not be disqualified from. bidding under RCW 9.o .oto or
39.12.o65(3)
e Not have any apprenticeship violations, if applicable
Effective JY 23, 2017* Certify through a sworn
statement or an unsworn declaration under penalty of
perjury that they are not a -Mllful violator of labor laws in
reference to RCW 49,48.o82 within thee three years,
MR SC has developed a model statement (d.oc ) to satisfy
this requirement. We updated this form inAlly 2019 to
reflect SSB 50174
Effective July 1., 2o:tg: Have received training, provided
by the Department of Labor and1ndustries or b a provder
y i
whose curriculum has been approved by L&,I, on the
requirements related to public worlrs andprevailing wages.
However, bidders that have completed three or more public
works projects and maintained a valid business license in
Washington for at: least three years are exempt from this
4?
requirement,
160 .13.0 Verifying Responsible Bidder Status
The certification that the bidder has not violated labor laws in
the last three years is the i on y criteria I that may be satisfied by a
sworn statement. All other criteria must be verified by the
agency, except for the ESD number which cannot be verified
online and must be provided by the bidder. However, pt
iblic,
agencies may ask bidders to submit a Bidder Information sheet
to help verify these criteria.
State agencies provide several resources to verify the status of a
contractor:
Verify a Contractor, Tradesperson or Business provides
information about every registered. contractor, including the
U number, status of the industrial 'insurance/workers
comp account., and contractor training status,
Grant County Personnel Policy Page 14 Of 23
1*1
*,.ffrant County Personnel Polie'l
9 Debarred Contractors List provides a list of contractors
disqualified from bidding-. Print out the search results and
keep them in the project file.
o Check Status of a Bus*
iness, or Professional License verified
an active Department of Revenue tax registration.
e Employment Security Department regulations do not allow
Online verification of a contractor's ESD account. To verifv
the account., agencies may request a Bid Letter or requi the
contractor to file the account number with the agency as part
of a bid submittal or small works roster application.
1602.13-04 Retainage
Grant County is required to hold retainage for public worRs
projects. Retainage laws require the County to withhold 5% of a
contract value and we cannot pa that retainage until certain
-A� IV
conditions are net.
For contracts over $35,000 Grant Countv is required to file a
Notice of Completion" (No ) i Thi's is found and completed
through the L portal. You cannot file an NOC until the
Contractor has filed all affidavits of wages paid. If there were
subcontractors on, the project, they too, are required to file
affidavits of wages paid, -until all are filed, the County is not
allowed to begin. the process. (the form is unavalia'131e untilthese
items by thecontractors are compm leted). Once you subit the
NOC5 it sent to the Department of Revenue (Doi:), to L&I, andto the Employment SecLiritiesepa rtmu ent (ESDYocannot
pay retainage to the Contractor until you have received a. letter
from each of those agencies stating it is OK to release the funds'.
The letters are haphazard, some coming to email, some
to the
HR department, to public Works, or to another County
department. Be attentive to your Contractors needs and remind
yourself to check on the NOC status by on to the LI portal or
calling the other two agencies and checking the status of the
NOC.
Th.'s retainage process is tricky requirement, RCVS 6o.28.011(3).
(a) states the folloAdng: "After completion of all contract work
other than landscaping, the contractor may request that the
public body release and pay in fall the amounts retained during
the performance of the contract, and sixty days thereafter the
public boder must release and pay in full the amounts retained
(other than continuing retention of five percent of the moneys
earned for landscaping) subject to the provisions of RCC 39-12
and this chapter".
Grant County Personnel Policy Page 15 Of 23
Grant Coun-ty Personnel Poli CY
"Furthermore 60.28.0ll
(3) (b) Sixty days after completion of
all contract work the public body must release and pay in full the
amounts retained during the performance of the contract
subject to the proNrisions of chapter BCW 39.12and this
chapter".
'Phis is tricky why? because after the filing of an NOC, ESD has
stated that they will only proNlide letters to public
agencies for
the release of retained ffinds on a quarterly basis. S*ometimes
they are released quickly but this statement by ESD equals a go
day period, so what do you do? Grant County has experienced
lengthy delays not only due to this ESD policy, but at times that
same department was overwhelmed Mth requests and
shorthanded causing longer delays.
If this occurs, work directly with the Contractor, communicate
openly and often, contact ESD and remind them of the 60 -day
requirement, do your part by,
a Remind the Contractor that although the work has been
accepted, that you are unable to file an TOC and begin
process of paying retainage unless all affidavits are filed. If
the work has been accepted, the RCW states that this is the
beginning of a. 6o -day V%n*ndoiNr, but it maybe 3o days or
more before ALL contractors file their affidaAts making the
6o -day requirement all lout impossible,
e Be complete with your repo rd1reeping, do not be the reason
the NOC is delayed.
There is no R. that provides an exception to waiting for
the releases froom. these agencies.
RCW 39.o8.o10 (3) On. contracts of one hundred fifty thousand
dollars or less, at the option of the contractor or the general
contractor/construction manager as defined in RCW 39-10.210,
the respective -public entity may, in lieu. of the bond, retain ten
percent of the contract amount for a period of thirty days of
date of final acceptance, or until receipt of all necessary releases
from the department of revenue, the employment security
department, and the department of labor and 'Industries and
settlement of any liens filed. under chapter 60.28 RCW,
whichever is later. The recovery of unpa * d wages. and benefits
must be the first priority for any actions filed against retainage
held by a state agency or authorized local government.
The requirements remain regarding the filing of NOCs, all public
works projects require intents and affidavits reg ari ffless, the
advantage here is that we dei not have to wait for the release
from the three agencies. When they do arrive, file them inyour
Grant County Personnel Policy Page 16 Of 23
urant County Personnel Policy
project folder. just remember, this is for a public lArorks project
valued at less than $150,000.
**Reminder, e1 1 . ou a project and ���d retainage ��'the
end of the fiscal year, budget the retainage in the net ear's
budget,
Grant County Personnel Policy Page 17 of 23
Grant County Personnel Policy
Below is helpful chart found on the MRS C website that
-oroN-qdes
cmidance on holding and paving retainaze.
Pr9Ject Closure/Retaina,
-,re Release Guidelines. adapted -from MRSC 3/1/2021 --------------
Require in Contract
Needed for Project Closeout Files
(also see note i)
(Before Releasing Retainage) (Also See Note 6)
ContractAniount
Performance &
Payment Bon -ds
Retainage
Sales and/or Uw.
Taxes (Department
Prevailing Wage (L&I)
Industrial
Insurance (L&I)
Employ,nient Security
Tayes CE, SD)
of Revenue)
Over $,35,.000
Yes
Yes
NOC & DOR
Release
Intent & Affidavit
NOC & Ind. Ins.
Cer tification
NOC & Certificate of
(See Note 4)
(See Note 4.)
(See Note 4)
'
ent
PAyui See Note 4)
$50,000 or less,
Ifinited public
Call Waive
'Carl Waive
Not Required
Intent &Affidavit
Not Required
Not Required
lvor�-s process
(See Note,-) &, 5)
(See Note 2 & 5)
(See Note 4)
(See Note 4 &5)
(See Note 4)
(See Note 4)
$150,000 Or less
.Can Waive
(See Note 3)
i o %. Ret a i nage,
(See Note 3)
Not required for
pr I oJects less than
-
Intent & Affidavit
(See Note 4)
Not required for
projects less
Not required for
projects less than
$35,000
than $35,00o
$35,000
$2,5oo or les's
may not be
needed
Mav- not. be
needed
Not Required
Small. Works Form
(See Note
Not ReqUired
Not Required
(See Note 7)
(See Note 7)
,5,)
Note 1: Contract documents must require that prevailing wages must and must contain the, prevailing wage applicable to the project, regardless of
01
the contract amount,
Note 2' RCW 39,04-155 (3) allO 9
I �_Vs a local government to waive the payment and performance bonds requir�ei ents of RG n,08 and the retaitia- 6
requirements of RCUI 6o. 8. TO LlSc� this limited public xvorks process, an authorized local governnient must solicit electronic; or Written quotations -from a
miniMU111 Of 3 contractors from the appropHate small works roster. A small works roster Locess is required.
Note 3: RMr 39.08.0to states that on. contracts Of S.,150,()()0 or less at the option of the contractor, the agency may., in lieu of performance & paynient 'bond
retain to% of the contract amount fora pelliod of 1,io days after, final accetanceofthe oiect.
p
_pr J
Note 44 For contracts over $35,000 ag'ClIVY files a Notice of Completion (NC C) through L&I this xvill be sent to DOR/ESD/and L&I from Nvhichyou %ill
receive a certificate of pqy tnent of excise tax from DOR (DOR may also demand. ptkynieiit for unpaid excise tax on other projeicts per chapter 49.3, 2oog
session law,;}, a letter off release froniURT from liability for industrial insurance premiums foi- the project (I.&I may also demand payment as DOR inay
,demand) anda certificate of payment of employment security contributions, penalties, & interest and like DOR and U-1, ma�y demand pa'Anent.on other
Pr9jects,L)er Cha)ter 423, 2o I og session laws.
Note 5: RM39-192-04.0 (2) allows the local go-vernment agency to process combined intent and affidax-it short forins and forw t rd LM 'monthly, them to onthly, If
the agency chooses not to do this see note 4. Chapter i2io, '2007 laws allow use of this form for contracts up to $85,000 if RCW 39.04-155(3) is followed.
(now $50,000)
Note 6: RQW 6o.,�)_8.oii *(3) (b) states that 6o days after completion of all contract work the public bod-y must release and pay in full the amounts retained
during the performance of the contract subject to the proxisions of RCWs 39.12 & 6o.28. Therefore, an agency should release reattained funds, less the
amount of any claims by laborers, suppliers, and subcontractors. at the end of 6a days to avoid possible ramifications under the Prompt Pay Act (RCW
39.76).Jf certificates from DO.R, ESD, and -approved affidavits from. L&I per note 4 are not avrailable at the time, contact the prosecuting attorney's office for
direction,
Note. 7: unless an, agency waives bonding and/or retainage (B/R) under the notes 2 & 3 scenario. both are theoretically required, even for' etw small
projects,. Hoikeveras a practical matter, payment for small projects is usually well after completion and -in effect -there is a look retainage for 2-4 weeRs, so
there is very little risk if anagency does not require B/R. Be sure, as 111LIch as practical that suppliers have been paid and that an approved affidavrit of w' -ages
paid from the contractor is, on file,
------ ----
0
1602-13. 5 Concerning "Limited Public Works" projects-, At the time of the
creation of this guide, no law has been found regarding a
Limited public works project and a requirement that it be to a
single contractor with no sub -contractors, and that the contract
be paid in a single lump sum. However, when filing combined
forms through your L&I portal, you will find that when you fill
out a combined form it states it can only be used for projects
that have the following,
(a) A single contractor with no sub -contractors up to$50,000
L
(b) While communicating directly with L&I they will state that it
must be paid in a single lump SUM.
If while performing public works and you run into this issue,
consider doing the following.
(a) If filling out a combined form, follow the guidance as
suggested by L&I
Grant County Personnel Policy Page 18 Of 23
�V
Grant County Personnel Poli ey
(b) If the contractor has sub -contractors, and the cost of the
project is below $50,000 and you plan to waive retainage
and P&P bonds, simply fill out a standard NO .
The previous paragraphs have detailed the processes for
purchasing.
0 Below $1o,000
Between.$10,00o and $50,,000
Public works contracts above $350,000
Public works contracts below $350,000
0 The limited public works process for projects below $50,000
0 Dealing with retainage, contracts and communcating with
the Board of County Commissioners
0
1602 The following guidance is regarding Interlocal Agreements (Piggibae-k-ing),
.14 b
State Contracts,, and Cooper ative, Purchasing Contracts.
0
a) Definitions (followed by process recommendations),,
1) Interlocal Agreement,* As per RCW 39.34, the declarative purpose
is to permit local. governmental units to make the most efficient use of
their powers by enabling them to cooperate with other localities on a
basis. of mutual advantage and thereb to p►roNdde services and facilities
es
in a manner and pursuant to forms of governmental organization that
will accord best with geographic, economic, population and other
factors influencing the needs and development of local communities.
This is commonly Rno n. as It PiggybacRi.
*
Ing
2) State Contracts:, A Sate contract is a competitively bid contract by
Washington States purchasing arm known as "The Department of
Enterprise Services" or DES. DES competitively bids contracts and
provides these contracts for "Master U*sers" of the DES program. Grant
County currently is a Master UserRh DES.
wi
3-) Cooperative Purchasing Contracts: (RCW 9.26.o6o) These are
contracts let by Joint powers usually from other states that we in Grant.
County may use. Not all Cooperative contracts are available, and a list
is kept by Central Services and the Administrative Services Coordinator
within the BOCC office. At least annuall these purchasin contracts or
Y 1 9
agreement should be visited to ensure they are still available or meet
our requirements, have not changed substantially (name changes are
I..o
common) and that we are still considered active users.
4) GSA Contracts: The Government Services Administration maintains
thousands of contracts. They are referenced through schedule
.numbers. As a County, we can utilize only two. GSA schedules 70 & 84,
specific schedules related to technology and law enforcement.
Grant County Personnel Policy Page 19 Of 23
f -I
kirant County Personnel Policy
b) Commonality Statement:
Use of any of the following processes all have the following common
requirements-,
e A competitive bid must have been performed.
* The competitive bid and selection process must have been as restrictive
or more than our o%,n.
You must keep in your purchase or project file all documents of the bid
process including the original bid, questions, and agency responses if
avalRablescori gsheets summaries, or notes (ifavailable) hick
opening log sheets, and all other items pert nent to the purchase or
project you are comp I leting should be kept with your project or
purchase file.
o Any purchase should have been previously approved by the .B0CC.
Ensure the Contract is current and will be current at the time of your
procurement is being purchased or contract signed.
"Important-, a sales representative is trying to do their Job and sell, you
may hear about a "state" contract from someone y . ou have contacted, or
they may have contacted you directly. It is not uncommonfor a sales
representative to NOT know or understand the contract the.. are speaking
-"ith you about or to confuse., cooperative contracts, interlocal, and state
contracts. It is vital that- Id.ocumyou read, the contract ents and ensure the
contract may be used for your purposes. Many times, Central Senlices has
found the contracts offered were either incorrect, did not cover the
requested item, or had expired.. Due Dili s not a buzz term.
p igence i
c) Interlocal agreements Process.
These are tremendously help * ful; the entire chapter of BCW 39.34 should
be reviewed if planning to utilize this procurement vehicle. To review the
agreements the County currently has in place, visit the link for "interlocal
agreements" on the BOCC intranet page.
• If you wish to use an interlocal agreement, you should have already had
the purchase or service -approved by the BOCC.
• You should ensure that this is the best value for the County.
You are required to keep a copy of the contract in the project or
procurement file.
You should perform your due diligence,, some steps you may take are.
i) Call the holder of the contract (Whatever city, county or public agency
that may be) and speak with the representative that administers the
contract, has it worked, been of value, would they recommend, is it still
valid, are they renewing the contract or bidding a new contract and if
so? Why,
Grant County Personnel Policy Page 20 Of 23
Grant County Personnel Policy
2)Would they please send copies of the contract and bid. documents.
review the documents to ensure they have followed our processes or
have been more stringent.
3) If the above conditions are satisfactory and you have approval, forward
the contract for signature to the BOCC through Consent -"ith a letter
stating the work you have performed to get to this decision, that you
have reviewed the material con - -CU r -* it " s the b est value for the County,
I
the cost, the length of the contract if applicable and continue NAth the
purchase or service.
4) Keep all records as per the retention schedule for your specific
11 * 0-
purchase or service and forward the or contract signed ley Grant
Countv, to the Administrative Service Coordinators office.
. *F e
d) State Contracts
The Department of Enterprise Services (DES) is the purchasing arm for the
State of Washington. Typically, when utilizing a contract from DES nothing
more is required. -than Board approval and the requirements for retaining the
contract documents. If you would like to search curren t contract DES
administers, simply visit their website and search.
Grant County is authorized to use these contracts as a Master Agreement
holder. Read the. contract documents page and (typically) there is a statement
40 *
regarding who may arse whatever contract you are vie Wing.
Currently, Grant County must look to DES first and if a 'contract is NOT
found, they may search for the contract on another cooperative purchasing
platform, this can include somepUD11C works.
41
You do not always find a contract with DES that fits your requirements and
are left to competitively bid whatever purchase you are requesting. Sometimes
this can be difficult as you may not fully understand all the facets ofyour
procurement and thus be unsure in writing a proper bid document. Because of
this, Grant County has authorized the use of some (not all) cooperative
purchasing platforms. Their use is details below.
e) Cooperative Purchasing Contracts:
Cooperative purchasing contracts are extremely useful, when looking to
procure materials, goods, and sometimes services, it may be difficult to write a
bid document and include everything one needs to be complete, especially if
you are untamniar with the product or service you have a need to acquire. Just
like DES these, cooperative purchasing programs are competitively bid, and
you need to ensure their bid documents, process and contracts were as
stringent as ours. They must also be available by re' est the same as any
qu
other bid document you perform, so you must have them on band.
Cooperative purchasing platforms may be led by a state, a county, or
association that follows a state's procurement law. You look for contracts on
these platforms the same as DES, you verify it is the best value for the County
Grant County Personnel Policy Page 21 Of 23
Grant County Personnel Policy
and that you cannot bv performi .g the work yourself, provide the County - NN th
a better outcome. The point of using these is twofold and beth are of equal
Importance. You are attempting -to quickly procure needed materials, goods,
and services but you also must strive to be the beet steward of the ublic funds
you can be.
A list of current cooperative purchasing platforms can be found on the Central
SerVicesintranet web page. Some of these rewire a username end a word
N,Nrhich can be received by contacting Central Services who m anage.s and
maintains memberships with these platforms,
As with DES you should first have been authorized by the BOCC for the
procurement, have performed your due diligence to ensure that a cooperative
purchase or DES contract is the best way to procure your needs. Received a
copy of all available bid documents, responses, contracts, and any other
pertinent information that Will show this was the best value and that it was
competitively bid.
f) GSA:
The GSA. holds thousands of contracts for the federal government and many
contracts for states. You will find many contracts that have excellentp ricins
structures, but Counties in Washington State are only allowed to utilize two
ve f peclfic (but -Mde ranging) schedules.
Schedules 70 & 84 are specific to IT related equipment, soft-v;are, and
ser ces, and Law enforcement needs, ranging from weapons to Xray scanning
macnine , to vehicles.
The largest difference In these contracts is the way they are structured.
Typically, one or more vendors has been selected to provide a service, you
need to read the contract documents to see if those s lections, were based +gin
geographic location or for the purpose of providing a ready supply b � utilizing
Pp � g
multiple vendors and multiple Supply chains.
Most of the contracts are structured in such a way that you do not ever contact
the GSA but the vendor directly. The contract documents will lay out
specifically what the pricing structure is and what is available, this may
include options regarding your procurement. It is structured so that you work
directly Avith the vendor to meet your specific needs. All the while, the vendor
must honor the pricing structure as documented in the contract. They should
also make you aware if any part of your purchase is not covered under the
specified contract.
Like all other cooperative purchases, it should have first been approved by the
Bo C, all bid, and contract documents should. be readily available and kept
p
with your procurement file, and you should have performed, your due
diligence to ensure it is the best price/value for Granit County and: that you
have made your purchase in the spirt of being the best steward you can be for
the citizens of Grant County.
Grant County Personnel Policy page 22 of 23
%.ffrant County Personnel
Policy
This Aide is
intended to help those who procure materials, goods, and
serNices. As stated earlier It is not intended to be the "end all be all's of
purchasing for Grant County. Many items require nuance, thoughtftil
interpretation, and an overarching effoit to procure anything for the County
with an. end goal of being the best steward rd. we can be while also building
efficiencies within the procurement proceSS. Please be a part of the process,
our County has a stated goal to meet current and future needs, serving
togetherIATith public and prik7-ate entities, while fostering a respectful and
ecce Sful work en ronment.
It works better when we work together,
Laws f e l urcha, . n and rocure hent of �hlic woiks for Grant noun
RCW
ffe is
Short ans-w-er
36
Counties in General
Laws that define our operating procedures
as � County.
JAY
Complete Cha ter
36-132
Goer tars lr ners
, 2.'?4 ('4ve do not have central
Procurement
Creation of Purchasing Department, County
_--purchasing)
under o ]ulcation pf OO,000
36.32'245
Public Works f Vendor Raster Procurement
Com.peti'tive Bids, Requirements,
(39.04.190)
Advertisements, Exceptions -Bid limit for
',36.32'.2.. 0
Public . i 7 orks
Vendor Roster;��.c�,00a- �a,aoo
Competitive' Bids: Contract Procedure,
Contracts under $40,000, Small "Works
Roster Proeess
36-32.280
Public works Procurement
Exem tions to competitive bidding
39.04
�.
Public' ori
� Chapter, r .�
Complete O erall chapte=r that
defines ho�-v ye perform public works
39-04.010
Public Works,
t� k't'l I11tiC3I1S
39:24.105
PublicWorks
Bid Protest
39,04-155
(1
PLTI�I c Works
Explains MR.SC use ani. $35r�,000
C�
Limitation. Also contains reference to
Y` yt
(+.i.+
$250,,yt"l00-,� 5(),()(),Q. & C,ol7i�tain Limited
:i ublic' orks for lessthan $50,000,Speaks
to tale followrilzg: Bial splitting, Interlocal
agreements, Use of SES, Waiving of
retainage and bonds,
39-04.190
Public Works 'vendor Roster Procurement
-Purchase contract process --Other than
(36 4.1:�I
formal sealed h ddin(Vendor Raster)
39.04.2)80
Competitive bidding requirementsACtI1al
list of reasons to exempt from a
A00
competitive bid process
Public Works
Bond required, retainage of Contract in lieu.
of band.
39.12
7 l
Public Works
P1reNrailin
39.26.o6o
Procurement
{
Cooperative purchasing
39.30.045
Procurement
Purchases from Auctions
39.34.030
Prac:urenlent
Joint powers Agreements forioint or
cooperative actions,
43,19
Department of Enterprise Services
Complete chapter for the adininistration of
Dir
Not a short answer, numerous sub sections
42-52
Ethics in Public Service
o• 3.ot 1(i) (a)
Public Works Transportation Projects
a l��
Retainage can be Nvaived (With additional
(Federal N'lar�ile�)
re uirements)
7�
' Polices
Grant C oun and J eso�lutions
Resohltion car Polio, Administered by Located
It -leo, og-o8o-ce Clerk of the Board Establishes procedures Purchasing and
Public Works Contracting, Vendor mists
P-No.1503.8 Human R.esourews approval thresholds For purchases tivithout
BOCC approval
p_ O. 1503.92 Human Resources Ca ital Plannin `(CIP)
FM1504 Human Resources PLIrcliasiil Policies
Grant County Personnel Policy Page �3 0f �3