HomeMy WebLinkAboutCity Council Committees - Operations - 05/05/2015 (3) Operations Committee Agenda
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Councilmembers: Bill Boyce - Dana Ralph - Les Thomas, Chair
May 5, 2015
4 p.m.
Item Description Action Speaker Time Page
1. Call to order Chair Thomas 1
2. Roll Call Chair Thomas 1
3. Changes to the Agenda Chair Thomas 1
4. Approval of Check Summary Report dated YES Chair Thomas 2
4/1/2015thru 4/15/2015
S. Approval of Minutes dated April 21, 2015 YES Chair Thomas 2 1
6. Consolidating Budget Adjustment YES Barbara Lopez 5 3
Ordinance for Adjustments between
January 1, 2015 and March 31, 2015
7. HR Analyst — Increase to Full-time YES Becky Fowler 10 9
S. Ordinance Amending City's Contracting and YES Tom Brubaker 20 11
Procurement Procedures — Recommend
Adoption
Unless otherwise noted, the Operations Committee meets at 4 p.m. on the first and third
Tuesday of each month in Kent City Hall, Council Chambers East, 220 41h Ave S, Kent, 98032.
For additional information please contact Jennifer Hays at 253-856-5705.
Any person requiring a disability accommodation should contact the City Clerk's
Office at 253-856-5725 in advance. For TDD relay service call Washington
Telecommunications Relay Service at 1-800-833-6388.
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OPERATIONS COMMITTEE MINUTES
April 21, 2015
Committee Members Present: Les Thomas, Chair, Dana Ralph, and Bill Boyce.
The meeting was called to order by L. Thomas at 4:02 p.m.
1. CHANGE TO AGENDA.
Item eight, Finance Director's Report, was added to the agenda.
2. APPROVAL OF THE CHECK SUMMARY REPORT DATED 3/16/2015 THROUGH
3/31/2015
B. Boyce moved to approve the check summary report dated 3/16/2015 through
3/31/2015. D. Ralph seconded the motion, which passed 3-0.
3. APPROVAL OF MINUTES DATED APRIL 7, 2015.
D. Ralph moved to approve the Operations Committee minutes dated April 7, 2015. B.
Boyce seconded the motion, which passed 3-0.
4. BANK SERVICES CONTRACT.
Finance Director Aaron BeMiller updated Committee members about the banking
services request for proposal that was advertised earlier this year. Four responses were
received, which were all excellent. The evaluation format consisted of four members
from the Finance Department, one member from Information Technology, and one
member from Human Resources to review the four responses.
Upon completion of the evaluation, Mr. BeMiller is making a recommendation to
continue services with the City's existing bank, U.S. Bank. The important factors that
led to the final decision are: significant annual banking services savings from the
contract will be approximately $60,000 per year based on current activity; a generous
annual earning credit bonus in which the City would receive $5,000 per year that can be
used to offset banking fees and expenses; a generous earnings credit which will be .45
percent that can be used towards the cost of banking; no transition costs would be
incurred; there would be no disruption in banking services, and; the City and U.S. Bank
can continue to maintain a long-term relationship.
B. Boyce moved to recommend Council to authorize the Mayor to sign the contract with
U.S. Bank for the City's primary banking services subject to final terms and conditions
acceptable to the Finance Director and City Attorney. D. Ralph seconded the motion,
which passed 3-0.
S. MFD FLEET MAINTENANCE CONTRACT EXTENSION.
Multimedia Manager Dea Drake asked to extend the maintenance agreement to Preferred
Copiers for the City's copier fleet of Ricoh Multifunction Copier/Printer Devices until
December 31, 2015. Preferred Copiers has been the maintenance company for the past
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Operations Committee Minutes
April 21, 2015
Page: 2
18 months and their contract will expire May 2015. The company has and continues to
provide excellent service. The intent is to replace the copier fleet in the next six months.
There will be a slight increase reflective to the cost of living and the increased cost of
maintaining the older machines. It was noted that the IT Operations Budget allocations
approved as a part of the 2015-2016 biennial budget process are earmarked for this
expenditure.
D. Ralph moved to recommend Council to authorize the Mayor sign an Extension of the
Goods and Services Agreement with Preferred Copier Systems in an amount not to
exceed $100,000 through December 31, 2015 for maintenance of the city fleet of Ricoh
Multifunction Copier/Printer Devices subject to terms and conditions acceptable to the
City Attorney and Information Technology Director. B. Boyce seconded the motion, which
passed 3-0.
6. FINANCE DIRECTOR'S REPORT
Ending the meeting on an upbeat note, Finance Director Aaron BeMiller reported that
Moody's Investors Service has significantly upgraded the City's rating three spots on
their table to an A2 from a Baal. This outstanding news came on the heels of Standard
and Poor's upgrade.
The upgrade to A2 is based upon the rapid and significant improvement in the City's
financial profile. The City's available liquidity, reserves, and operating flexibility are
notably stronger now than they were in recent years. New revenues have been raised;
the City's contingent debt obligation has been incorporated as an ongoing expenditure
and is being paid in isolation from the General Fund; certain deficit fund balances will be
eliminated by surplus cash flows in fiscal year 2016, and all inter-fund indebtedness is
on course to be retired by fiscal year 2022. The upgrade acknowledges that previously
identified credit risks have been greatly reduced as a result of recent revenue increases
and budgeting decisions to strengthen the balance sheet on an accelerated basis, and
that these efforts have already yielded improved financial metrics and will likely
continue to do so.
Committee Chair Thomas congratulated Mayor Cooke, former interim Chief
Administrative Officer (CAO) Tom Brubaker, current CAO Derek Matheson, and Mr.
BeMiller for making really good choices for this positive change.
The meeting was adjourned at 4:15 p.m. by L. Thomas.
Jennifer Hays
Operations Committee Secretary
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FINANCE
� Aaron BeMiller, Director
Phone: 253-856-5260
K TJ;4
Fax: 253-856-6255
Address: 220 Fourth Ave. S.
Kent, WA 98032-5895
DATE: May 5, 2015
TO: Operations Committee
FROM: Barbara Lopez, Assistant Finance Director
SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments between
January 1, 2015 and March 31, 2015
MOTION: Recommend Council adopt the consolidating budget adjustment ordinance for
adjustments made between January 1, 2015 and March 31, 2015, reflecting an overall
budget increase of $5,865,648.
SUMMARY:
Authorization is requested to approve the technical gross budget adjustment ordinance
reflecting an overall budget increase of $5,865,648 for budget adjustments made
between January 1, 2015 and March 31, 2015.
An overall increase of $5,861,148 was previously approved by Council. Five million
relates to the solid waste utility tax increase adopted by Council on November 4, 2014.
Of this, $2.5 million transfers the monies received in the Street Operating Fund to the
Street Capital Projects Fund. The remaining $2.5 million establishes the project budget
in the Street Capital Projects Fund.
Also, included is $832,809 in 2014 carryover budgets for vehicle purchases ($464,700)
and ECD/Parks contracts ($367,809).
The remaining amount not yet approved by Council is an overall increase of $4,500 and
is comprised of a $1,500 Target Zero Law Enforcement Liaison Grant and a $3,000
Union Pacific Railroad Grant.
Exhibit:
Budget Impact: These expenditures are funded by grants or other new revenues.
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the
consolidating budget adjustments made between
January 1, 2015 and March 31, 2015, reflecting an
overall budget increase of $5,865,648.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Budget Adiustments. The 2015-2016 biennial
budget is amended to include budget fund adjustments for the first quarter
of 2015 from January 1, 2015 through March 31, 2015, as summarized
and set forth in Exhibit "A," which is attached and incorporated into this
ordinance. Except as amended by this ordinance, all terms and provisions
of the 2015-2016 biennial budget Ordinance No. 4137 shall remain
unchanged.
SECTION 2. — Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
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SECTION 3, — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 4, — Effective Date. This ordinance shall take effect and
be in force five (5) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 2015.
APPROVED: day of 2015.
PUBLISHED: day of 2015.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
a.ACivilAOrdinanceVBudge[Adjustment ordinance 1st Quarter zois.docx
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Exhibit A
City of Kent
Budget Adjustment Ordinance
Adjustments January 1, 2015 to March 31, 2015
Total
Previously Approval Adjustment
Fund Title Approved Requested Ordinance
001 General Fund 5,068,109 - 5,068,109
110 Street Fund (2,200,000) 2,000 (2,198,000)
150 Capital Improvement Fund 25,000 - 25,000
160 Criminal Justice Fund - 4,500 4,500
310 Street Capital Projects 2,503,339 - 2,503,339
440 Sewerage Operating Fund 156,500 (2,000) 154,500
510 Fleet Services Fund 308,200 - 308,200
Total 5,861,148 4,500 5,865,648
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Budget Adjustment Detail for Budget Changes
January 1, 2015 to March 31, 2015
Not
Approval Previously Previously Total
Date or Approved by Approved by Adjustment
Other Fund Council Council Ordinance
001 - General Fund
1 Carryover Budget - ECD & Parks 12/11/2013 368,109 368,109
1 Tran B&O Bud to new GF Acct Fund 110 4,700,000 4,700,000
Total General Fund 5,068,109 - 5,068,109
110 - Street Fund
110 Estab Solid Waste UT Budget 11/4/2014 2,500,000 2,500,000
110 Keep America Beautiful Grnt 2,000 2,000
110 Tran B&O Bud to new GF Acct Fund 001 (4,700,000) (4,700,000)
Total Street Fund (2,200,000) 2,000 (2,198,000)
150 - Capital Improvement Fund
150 Neighborhood Grants Program 12/11/2013 25,000 25,000
Total Capital Improvement Fund 25,000 - 25,000
160 - Criminal Justice Fund
160 Target Zero Law Enf Liason 1,500 1,500
160 Union Pacific RR Grant '15 3,000 3,000
Total Criminal Justice Fund - 4,500 4,500
310 - Street Capital Projects
310 Estab Solid Waste UT Budget 11/4/2014 2,500,000 2,500,000
310 SEPA Ordinance#2494 Ord 2494 3,339 3,339
Total Street Capital Projects 2,503,339 2,503,339
440 - Sewerage Operating Fund
440 Carryover Budget -Vehicles 12/11/2013 156,500 156,500
440 Keep America Beautiful Grnt (2,000) (2,000)
Total Sewerage Operating Fund 156,500 (2,000) 154,500
510 - Fleet Services Fund
510 Carryover Budget -Vehicles 12/11/2013 308,200 308,200
Total Fleet Services Fund 308,200 - 308,200
Grand Total All Funds 5,861,148 4,500 5,865,648
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Benefits Division
� Becky Fowler, Manager
"NIMPhone: 253-856-5290
KET T 7ENta�a Fax: 253-856-6270
Address: 400 West Gowe
Kent, WA 98032-5895
DATE: May 5, 2015
TO: Operations Committee
FROM: Becky Fowler, Manager
SUBJECT: HR Analyst - Increase to Full-time
MOTION: Recommend Council authorize a full-time HR Analyst position in the Benefits
Division.
SUMMARY:
Effective May 1, 2015 the Benefits Division of Human Resources is losing a 0.6 FTE
position due to an employee resignation. The Division requests that this position be
increased to full-time beginning June 1, 2015. The additional cost in 2015 is $19,064.
BACKGROUND:
This position was originally budgeted as full-time. It was under-filled in 2013 as a
0.6 FTE position. Due to the Patient Protection Affordable Care Act, the position
needs to be increased to a minimum of 0.75 FTE to maintain benefits. In addition, it
will be much easier to attract a qualified candidate for a full-time position.
This position chairs the city-wide Wellness program, assists in compliance with the
Patient Protection Affordable Care Act, oversees leave requests for our Police
employees, and supports the Deferred Compensation Fiduciary Board
Exhibit:
Budget Impact: $19,064 in 2015.
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LAW DEPARTMENT
� Tom Brubaker, City Attorney
"NIMPhone: 253-856-5770
KET T 7ENta�a Fax: 253-856-6770
Address: 220 Fourth Ave. S.
Kent, WA 98032-5895
DATE: April 29, 2015
TO: Operations Committee
FROM: Tom Brubaker, City Attorney
SUBJECT: Ordinance Amending City's Contracting and Procurement Procedures —
Recommend Adoption
MOTION: Recommend Council adopt the proposed Ordinance that amends the City's
contracting and procurement procedures, repeals Ordinance No. 2961 and Resolution
No. 1560, and establishes a small works roster process for eligible public works projects.
SUMMARY:
For some time, the Law Department has been working on a comprehensive rewrite of
the procurement and contracting provisions set forth in Chapter 3.70 of the Kent City
Code. The draft ordinance has been discussed with Council at its Workshops on March
3, 2015, and April 21, 2015, and additional revisions have been made based on those
discussions.
This ordinance seeks to compile, in one location, all of the previous provisions that were
set out in City code, City policy, various Council resolutions and ordinances, and state
law. If adopted, this ordinance will authorize the use of a small works roster, which is a
process in place in many of Kent's neighboring jurisdictions. The ordinance will also
increase the contracting authorization levels granted by Council to department directors,
including the Chief Administrative Officer, and the Mayor to more accurately reflect the
current cost to do work that is often driven by market conditions and inflation. The
existing authorization levels have not been increased since the original procurement
code and companion administrative policy were established in 1994.
While authorization levels would be increased through adoption of the proposed
ordinance, the ordinance does direct the City Clerk to provide a quarterly report of all
new contracts executed by the City during the prior quarter that are greater than
$25,000 and were not previously approved by Council. Finally, the ordinance delegates
some authority to the Mayor with respect to real property interests, but it also requires
the Mayor, the Chief Administrative Officer, or the department director to report to
Council, or its appropriate Council committee, those agreements entered into by the
Mayor under that delegated authority.
Exhibit: Ordinance
Budget Impact: N/A
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapters 3.70
and 6.01 of the Kent City Code to revise the City's
contracting and procurement procedures,
repealing Ordinance No. 2961 and Resolution No.
1560 upon the effective date of this ordinance
because the substance of those legislative acts is
incorporated into this ordinance, and establishing
a small works roster process for eligible public
works projects.
RECITALS
A. The City of Kent has not revised its procurement
requirements and other public contracting provisions for more than ten
years.
B. Based on changes in law, regulatory efficiencies, and
inflationary trends, it is appropriate to completely update and revise these
requirements.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Repeal Existina Procurement Provisions. Chapter
3.70 of the Kent City Code, entitled "Procurement Contracts," is repealed
in its entirety.
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SECTION 2. - Enact New Contractina and Procurement Provisions.
The Kent City Code is amended to add a new chapter, Chapter 3.70 of the
Kent City Code, entitled "Public Contracting and Procurement," as follows:
CHAPTER 3.70
PUBLIC CONTRACTING AND PROCUREMENT
PART 1. GENERALLY
Sec. 3.70.010. Purpose. It is the purpose of this chapter to
outline the procedures for the purchase and acquisition of goods,
materials, equipment, and services, and the performance of public works
and improvement contracts in order to maintain an accountable public
contracting and procurement process, and to provide other general
contracting procedures. It is also the purpose of this chapter to allow for
the flexible application of these procedures for more efficient and cost
effective procurement and contracting where strict application would not
be in the City's best interest.
Sec. 3.70.020. Applicability. City procurements and contracts
must be evaluated through a two-step process. The first step is to
determine what competitive bidding requirements, if any, are required
under either Part 2 or Part 3 of this chapter. The second step is to
determine, under Part 4, who within the City has the appropriate authority
to approve any procurement and to sign any contract on behalf of the
City. Each procurement first must be evaluated under Parts 2 or 3 and
then under Part 4 separately. When an existing contract requires a
change, either in product, scope, or time of completion, an amendment or
change order to that contract must be in writing and evaluated under Part
4.
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Sec. 3.70.030. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning.
A. Contract shall mean a formal written contract, purchase order,
lease, verbal agreement, or cash or credit purchase from a wholesaler,
retailer, dealer, vendor, consultant, contractor, or other similar
transaction. Grants, bequests, and other donations or gifts that generate
revenue or that represent or are conditioned on the pledge, use, or other
impairment of a City asset or dedication of City resources are also contacts
and are subject to the specific provisions of this chapter. Purchases or
work shall not be split into smaller, separate contracts to avoid either the
competitive bidding or authorization requirements set forth in this chapter.
B. Director shall mean any director of a City of Kent department and
shall include the position of Chief Administrative Officer.
C. Public work shall have the same meaning as provided in RCW
39.04.010, as the same may later be amended. Generally, a public work
is any work, construction, alteration, repair, or improvement to a public
facility that is performed at the City's expense, other than ordinary
maintenance. This definition applies to all City departments, not just the
City's public works department. Ordinary maintenance when performed
by contract, while not a public work, may be subject to prevailing wages.
D. Purchase refers to materials, supplies, equipment, or services
procured by the City, either for ownership or lease, that will not be part of
a public work.
Sec. 3.70.040. Designee. When any City staff member is
designated in this chapter by his or her title, including without limitation a
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"director" or the "Mayor," that reference is intended to refer to the
employee who holds that title or his or her designee.
Sec. 3.70.050. Contracts maintained by the City Clerk's
Office. Staff shall forward to the City Clerk's Office an original, or a
complete copy if an original cannot be obtained, of all contracts, change
orders, or amendments entered into under this chapter, whether those
contracts are signed by a director or the Mayor, to be maintained in
accordance with the records retention schedule applicable to the City and
its records.
PART 2. COMPETITIVE BIDDING
Sec. 3.70.060. Applicability of competitive bidding
provisions. Before the City purchases any goods, materials, equipment,
or services, or arranges for the performance of any public work, the
competitive bidding process established in this Part 2 must be reviewed
and satisfied based upon the total cost of the goods, materials,
equipment, or services to be purchased or any work performed, including
any applicable sales tax.
A. When the total cost of the work or item is unknown because a
definite term or unit amount cannot be reasonably determined, the
procurement cost, for the purpose of establishing the appropriate
competitive bidding procedure, is the estimated annual cost of the work or
item, including any estimated sales tax.
B. In lieu of requesting bids for specific purchases, the City may solicit
bids or proposals for products on an as-needed basis for a specified term,
e.g. one year, in those instances where the specific services or products
are undetermined, such as for the ongoing purchase of office supplies or
uniforms.
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Sec. 3.70.070. Architectural, landscape architectural,
engineering, and land surveyor services. Chapter 39.80 RCW
establishes a process through which governmental agencies are required
to publicly announce their requirements for architectural and engineering
services, including landscape architects and land surveyors. The Kent City
Council has adopted the following procedures to comply with these
statutory requirements:
A. Applicability. This section shall apply to architects, landscape
architects, engineers, and land surveyors performing activities within the
scope of the general definition of professional practice in Chapter 18.08
RCW (architects), Chapter 18.43 RCW (engineers and land surveyors), or
Chapter 18.96 RCW (landscape architects), as the same may later be
amended.
B. Publication or public announcement of needed architectural
landscape architectural, enaineering, and land surveyina services.
1. The City must publish or otherwise announce to the general
public the City's requirement for architectural, landscape architectural,
engineering, and land surveying services. City staff may comply with this
requirement by:
a. Publishing notice for such architectural, engineering, or
land surveying services for a specific project or projects; or
b. Annually announcing to the public generally the City's
projected requirements for any category or type of architectural,
engineering, or land surveying services, and requesting that interested
consultants submit statements of qualifications and performance data. At
its discretion, the City may add architectural, engineering, or other
consultants to its annual roster throughout the year so long as those
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consultants have submitted all required statements of qualifications and
performance data.
2. The public notice the City provides under KCC 3.70.070.13
must comply with Chapter 39.80 RCW and contain the following minimum
information:
a. The general scope and nature of the project or work;
and
b. An address of the City representative who can provide
further details of the project or work.
3. In addition, the City may elect to contract with other
agencies, including Municipal Research and Services Center ("MRSC"), and
utilize rosters developed and maintained by them to carry out the
requirements of this section and Chapter 39.80 RCW.
C. Contract negotiations. City staff must first determine which
architect or engineer is most qualified, based on the City's criteria, to
provide the services needed. Once an architect or engineer is selected,
City staff may negotiate the cost of those services at a price the City
determines fair and reasonable. State law prohibits the City from
discussing project cost with a prospective engineer or architect until the
City has first selected an architect or engineer to perform the work. If the
City and the selected architect or engineer are unable to agree on a price
that the City believes is fair and reasonable, the City may terminate those
negotiations, select a new architect or engineer, and commence
negotiations with the new architect or engineer.
Sec. 3.70.080. Purchases of goods, materials, equipment, or
services. This section establishes the competitive bidding procedures
that apply to purchases of goods, materials, equipment, or services, not
included within a public work.
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A. Purchases of $20,000 or less — Director discretion. For purchases
where the estimated cost is twenty thousand dollars ($20,000) or less, the
director shall determine what competitive bidding process the department
will utilize, if any, with direct negotiation being an acceptable option. It is
incumbent on the director to seek the best price available under the
circumstances, acting not only under existing market conditions, but also
as a cautious steward of City resources.
B. Purchases areater than $20,000, but $35,000 or less — Telephone
bids or quotations. For purchases where the estimated cost is greater
than twenty thousand dollars ($20,000), but thirty-five thousand dollars
($35,000) or less, the director shall attempt to solicit and document at
least three (3) telephone bids or quotations for the purchase. Bids or
quotations received by email, facsimile, regular mail, or personal delivery
are also acceptable in lieu of telephone bids. For purchases made
regularly and repeatedly, such as paper or other office supplies, a list of
comparable bids or quotations may be maintained and updated at least
annually, and purchases can be made from that list without soliciting bids
or quotations for each purchase. The provisions of KCC 3.70.080.D for
advertised bids, or KCC 3.70.080.E for requests for proposals, may be
used in lieu of the provisions of this section.
C. Purchases greater than $35,000, but $65,000 or less — Written bids
or quotations. For purchases where the estimated cost exceeds thirty-five
thousand dollars ($35,000), but is sixty-five thousand dollars ($65,000) or
less, the director shall attempt to solicit and document at least three (3)
written bids or quotations for the purchase. Written bids or quotations
received by email, facsimile, regular mail, or personal delivery are
acceptable. For purchases made regularly and repeatedly, such as paper
or other office supplies, a list of comparable bids or quotations may be
maintained and updated at least annually, and purchases can be made
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from that list without soliciting bids or quotations for each purchase. The
provisions of KCC 3.70.080.D for advertised bids, or KCC 3.70.080.E for
requests for proposals, may be used in lieu of the provisions of this
section.
D. Purchases areater than $65,000 — Advertised bids. For purchases
where the estimated cost exceeds sixty-five thousand dollars ($65,000),
the City shall publish notice calling for sealed bids at least one (1) time,
and at least seven calendar (7) days prior to the last date upon which bids
will be received, or such other reasonable time as the director may deem
appropriate under the circumstances. Publication of this notice may be in
any manner determined by the City most likely to provide notice to the
contracting community that will result in the City's receipt of responsive
bids, including without limitation, a newspaper of general circulation, a
trade publication or website, a posting on the City's website, or a posting
on another agency or service provider's website. The notice shall
generally state the nature of the contemplated purchase, including a
description or specifications, and it may require that the bids be sealed
and filed with the City Clerk within the time for submittal specified in the
notice. The City shall, in its sole discretion, award the contract to the
lowest responsive and responsible bidder, may waive any informalities in
the bids received, and/or may reject any or all bids or proposals.
E. Purchases areater than $65,000 — Request for proposals. In lieu of
advertised bids as may be required under KCC 3.70.080.D, the director, at
his or her option, may choose to use a request for proposals, request for
quotations, or other similar process to determine the availability of needed
products or services. This decision may be utilized when the director
deems it appropriate under those terms and conditions suitable to meet
the needs and requirements of the particular process.
zo
Sec. 3.70.090. Procurements for the performance of public
works. This section establishes the competitive bidding procedures that
apply to procurements for the performance of public works and
improvement projects when the small works roster provided for in Part 3
is not utilized. The thresholds provided in this section are to be evaluated
based upon the complete public work, including the total cost for all
materials, supplies, equipment, and labor. If the public work is for street
signalization or street lighting, it is treated as a single craft or trade
project for competitive bidding purposes.
A. Public work of$40 000/$65 000 or less — Director discretion. For a
public work where the complete project involves only one craft or trade
and the cost is estimated at forty thousand dollars ($40,000) or less, or
involves more than one craft or trade and the cost is estimated at sixty-
five thousand dollars ($65,000) or less, the director shall determine what
competitive bidding process the department will utilize, if any, with direct
negotiation being an acceptable option. It is incumbent on the director to
seek the best price available under the circumstances, acting not only
under existing market conditions, but also as a cautious steward of City
resources.
B. Public work areater than $40,000 for sinale craft or trade, or
greater than $65,000 for more than one craft or trade — Advertised bids.
1. Advertised bids. For a public work where the estimated cost
of the complete project exceeds forty thousand dollars ($40,000) for a
single craft or trade, or exceeds sixty-five thousand dollars ($65,000) for
more than one craft or trade, the City shall publish notice, at least one (1)
time, and at least thirteen (13) days prior to the last date upon which bids
will be received, calling for sealed bids. Publication of this notice should
be in either the City's designated official newspaper or another newspaper
of general circulation that the City determines is most likely to bring
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responsive bids. The notice shall: (1) generally state the nature of the
contemplated public work, (2) state that a description, plans, and
specifications will be on file with the City, and (3) state that the bids are
required to be sealed and filed with the City Clerk within the time for
submittal specified in the notice. The City shall, in its sole discretion,
award the contract to the lowest responsive and responsible bidder, may
waive any informalities in the bids received, and/or may reject any or all
bids.
2. Responsible bidder determination. For bid awards on a public
work subject to the provisions of Chapter 39.04 RCW, and subject to
available funding, the City may award the bid to the lowest responsive and
responsible bidder. In evaluating lowest responsible bidder qualifications,
the City shall not only evaluate the responsibility requirements provided
within RCW 39.04.350, as the same may be later amended, but also all
other supplemental responsibility criteria that the originating department
director may determine is applicable to a particular project. Indicia of
bidder responsibility inherently involve subjective determinations as to a
bidder's ability to perform and complete the contract work responsibly and
to the City's satisfaction. The City has an obligation and a duty to its
citizens and its taxpayers to administer its budgets and complete its
projects in a businesslike manner. Accordingly, it has a duty to exercise
the type of inquiry and discretion a business would conduct when selecting
a contractor who will be responsible to perform the public work.
In adopting supplemental responsibility criteria, examples of
qualifications the director may seek include, without limitation, those that
may indicate the bidder's:
a. Ability, capacity, and skill to perform the work or
provide the service required;
b. Reputation, character, integrity, judgment, experience,
and efficiency;
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C. Ability to perform the work within the time specified;
d. Quality of performance of previous work or services;
e. Previous and existing compliance with laws relating to
the work or services;
f. Access to sufficient tools and equipment to perform the
work, and the expertise to operate the tools and equipment;
g. Total bonded capacity;
h. Bidder's conduct under previous contracts;
i. Quality of work previously performed by bidder;
j. References from other public and private entities that
have hired the bidder to perform work; or
k. Other information as may be secured having a bearing
on the decision to award the work.
However, as provided for in RCW 39.04.350, as amended, all
supplemental criteria that may be considered, including the basis for
evaluation and the deadline for appealing a determination that a bidder is
not responsible, must be provided by the originating department in the
invitation to bid or in the bidding documents, and the director of the
originating department is authorized to determine the specific
responsibility criteria for each contract or public works project.
C. Public work performed by City staff. For a public work where the
complete project, including goods, materials, or equipment procured for
inclusion, is below the bid threshold provided in KCC 3.70.090.B., that
work may be performed by City staff. A complete public work that will
exceed the bid threshold provided in KCC 3.70.090.B is subject to
competitive bids, either through the small works roster process provided
for in Part 3 or formal advertised bids as provided in KCC 3.70.090.B.
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Sec. 3.70.095. Acquisition of electronic data processing and
telecommunications systems—Alternative. As an alternative to the
competitive process provided for under KCC 3.70.080 and KCC 3.70.090,
electronic data processing or telecommunications systems, which systems
may include equipment, software, or services, may be obtained as
provided for in this section and RCW 39.04.270, as the same may be later
amended.
A. Request for proposals. A request for proposals shall be prepared
and submitted to an adequate number of qualified sources, as determined
in the City's discretion, to permit reasonable competition consistent with
the requirements of the procurement. The request for proposals shall
identify significant evaluation factors, including price, and their relative
importance. Notice of the request for proposals must be published in a
newspaper of general circulation at least thirteen (13) days before the last
date on which the proposals will be received.
B. Procedures for evaluation. The City shall provide reasonable
procedures for technical evaluation of the proposals received, identification
of qualified sources, and selection for awarding the contract.
C. Award. The award shall be made to the qualified bidder whose
proposal is most advantageous to the City with price and other factors
considered. However, the City may reject any and all proposals for good
cause and request new proposals.
Sec. 3.70.100. Local business preference.
A. Findings and intent. The City of Kent annually spends significant
amounts on purchasing personal property, materials, and contractual
services as part of its ongoing operation and management of the City and
its infrastructure. The money used in making procurements of goods and
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services is derived, in large part, from taxes, fees, and utility revenues
derived from local businesses and local residents, many of whom work for
these local businesses. The City Council finds that funds expended by the
City should, to the extent possible and as allowed by law, be placed back
in the City to support its local economy.
B. Local business defined. The term local business means any
corporation, partnership, sole proprietor, limited liability company, or
other business entity that has a City of Kent business license, maintains a
physical business address within the City's corporate limits in an area
zoned or otherwise approved under the Kent City Code for the operation of
that business, and has at least one (1) employee who reports to work at
that address on a daily basis to operate or perform work at that business.
Post office boxes shall not be used for the purpose of establishing a
physical address of a local business.
C. Local preference in purchasing and contracting. When procuring
contracts as provided for in this chapter, the City shall make every effort
to purchase from or contract with local businesses. When other product
models that meet the same specifications are locally available (i.e., GE
one hundred (100) watt light bulb vs. Sylvania one hundred (100) watt
light bulb), thoughtful consideration should be given to purchasing the
model that is offered by a local business. When a local business offers
functionally equivalent products for the goods or services sought by the
City (i.e., one hundred (100) watt incandescent light bulb vs. a
functionally equivalent fluorescent or LED light bulb), thoughtful
consideration should be given to purchasing the product that is offered by
a local business. When selecting a business in response to a request for
proposal, or when selecting a business that provides consulting services or
other services that provide unique expertise, thoughtful consideration
should be given to selecting a local business that can provide those
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products or services. However, the preference established in this section
shall not prohibit the ability to compare quality or fitness for use of
supplies, materials, equipment, or services proposed for procurement and
shall not prohibit the ability to select the best business when comparing
the qualifications, character, responsibility, or fitness of the businesses
under consideration.
D. Written record required when nonlocal business selected. Whenever
City staff decide to procure goods or services valued at an amount greater
than five thousand dollars ($5,000) from a nonlocal business when a local
business also provides the same goods or services, the manager in charge
of making that procurement shall provide an explanation in a suitable
format, electronic or otherwise, which will be retained. This provision does
not apply to those procurements that are exempt from competitive bidding
under KCC 3.70.110.
E. Exceptions to local business preference. The procurement
preference set forth in this section shall not apply to any of the following:
1. Goods, materials, equipment or services provided under a
cooperative purchasing agreement or interlocal agreement.
2. Procurements or contracts that are funded, in whole or in
part, by a separate governmental entity and the laws, regulations, or
policies of that separate governmental entity prohibit application of this
local business preference.
3. Procurements or contracts identified in KCC 3.70.110 for
which competitive bidding does not apply.
4. Procurements or contracts made under emergency situations.
5. Procurements made by a third-party under purchasing
authority delegated to the third-party by a contract approved by the City
Council.
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Sec. 3.70.110. Exceptions to competitive bidding
requirements. The competitive bidding requirements set forth in KCC
3.70.080 and KCC 3.70.090 shall not apply to those instances set forth in
this section. Nothing in this section can act to waive the authorization
requirements established in Part 4 of this chapter, KCC 3.70.210 through
3.70.240.
A. Waiver for purchases. The Mayor may waive the bidding
requirements for the purchase of goods, materials, equipment, or services
that are not part of a public work upon a finding that:
1. The purchase is clearly and legitimately limited to a single
source of supply within the near vicinity; or
2. The purchase is subject to special market conditions, or
involves special facilities or services; or
3. The bidding requirements would otherwise not be practicable
or in the City's best interests under the circumstances.
If a waiver is appropriate, the director shall prepare a memo to the
Mayor outlining the reasons for the requested waiver. If the Mayor
authorizes the waiver, the purchase may be completed by direct
negotiation. The document evidencing the waiver granted by the Mayor
shall be maintained with the contract on file with the City Clerk's Office in
accordance with KCC 3.70.050.
B. Waiver in emergency. When any emergency, including a public
work emergency, requires the immediate execution of any contract, or
authorization of any purchase, work, or change order or amendment to an
existing contract, the Mayor shall have the power to waive competitive
bidding requirements and award all contracts necessary to address the
emergency situation.
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1. Emergency defined. An emergency, as that term is used in
this section, shall have the same meaning as provided in RCW
39.04.280(3), as the same may be later amended.
2. Emergency declared. If the competitive bidding requirements
of this chapter are waived due to an emergency, the Mayor shall issue a
written finding of the existence of an emergency. This written finding,
along with the resulting contract, shall be on file with the City Clerk's
Office and available for public inspection no later than two (2) weeks after
the contract is awarded. If an emergency procurement or contract
exceeds sixty-five thousand dollars ($65,000), the City Council shall be
subsequently notified, but formal Council ratification is not required.
C. Professional and technical consultant contracts. Contracts entered
into with professional or technical service consultants are not required to
follow the competitive bidding requirements provided for in KCC 3.70.080,
but may be entered into through direct negotiations. In contracting with
professional or technical service consultants, it is incumbent on staff to
seek the best price available under the circumstances, acting not only
under existing market conditions, but also as a cautious steward of City
resources. The following is a non-exclusive list of the type of professional
or technical service consultants to which this subsection is intended to
apply:
1. Licensed consultants - Consultants whose practice is certified
or licensed by the state Department of Licensing, other state board, or
similar agency, including without limitation, real estate appraisers and
brokers, attorneys, and accountants. This exception, however, does not
apply to consultants who perform architectural, engineering, and land
surveying services, which are subject to the provisions of KCC 3.70.070.
2. Health care and investment contracts - Contracts entered into
by the City to provide employee health care insurance coverage, or to
provide employee investment services.
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3. Administration services for liability claims and workers,
compensation claims - Contracts entered into by the City for insurance
brokerage services, third-party administrator services for liability claims,
and third-party administrator services for workers' compensation claims.
4. Professional training and employee recruitment - Contracts
entered into by the City to provide professional development or other
training to City employees, volunteers, or elected officials, or to recruit for
high level or specialized employee positions.
D. Cultural performances, events, and public art. The performers and
artists selected by the Cultural Programs Division of the City's Parks,
Recreation, and Human Services Department to perform at various events,
to create public art for the City, or the contractors and vendors hired to
provide services and equipment related to those performances, events,
and art are solicited based on artistic quality, balance of genres,
prominence, marketability, technical requirements, and ability to
coordinate those events with minimum City staff involvement. Given the
unique nature of these performers and artists and the need for multiple
individuals and contractors to work together to successfully coordinate and
conduct each performance or event, contracts to retain performance or
artistic services or to conduct a performance or other cultural event,
including without limitation support services provided by sound
technicians, caterers, or other similar trades, are not required to follow the
competitive bidding requirements provided for in KCC 3.70.080, but may
be entered into through direct negotiations with the City.
E. Interlocal agreements. The bidding procedures for purchases
established under this chapter need not apply to interlocal agreements
with another public agency or agencies for joint or cooperative action.
Interlocal agreements should, however, include the minimum standards
provided for in Chapter 39.34 RCW.
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F. Use of another public agency's bidding procedures. The competitive
bidding procedures established in this chapter shall not apply to purchases
made from a contractor or vendor who was awarded a contract using
another public agency's established procurement process for substantially
the same purchase. The City's reliance on the other public agency's
process shall constitute compliance with the bid requirements of this
chapter.
1. Public works exclusion. Another public agency's bidding
process cannot be relied upon for public works projects above the bid
threshold provided in KCC 3.70.090.D., including goods, materials, or
equipment procured for inclusion in a public work.
2. Interlocal agreement recommended. The City and the public
agency upon whose bid the City intends to rely should enter into an
interlocal agreement that allows the City to piggyback or buy off of the
other public agency's awarded contract.
3. Contract and authorization required. Once any competitive
bid process is satisfied under this section, a contract between the City and
the awarded contractor or vendor is required and must be authorized in
accordance with Part 4 of this chapter, unless the City Attorney is
consulted and advises otherwise.
G. Delegated purchasing authority.
1. Purchases. Purchases made by a third-party under
purchasing authority delegated to it through a contract approved by the
City Council are not required to follow the competitive bidding
requirements provided for in KCC 3.70.080. As an example, this waiver
would apply to an operator the City has entered into a contract with to
operate and maintain a public facility. Under this waiver, if the operator's
contract provided the operator was to purchase all paper or catering
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supplies, that purchase would not be subject to the competitive bid
process set forth in KCC 3.70.080.
2. Kent Special Events Center (ShoWare Center). Management
and operation of the ShoWare Center is unique to City operations.
Efficient management requires flexibility to move quickly to respond to
market requirements for concerts, sporting events, and other offerings.
The ShoWare Center operator, a national company that operates similar
venues throughout the United States, also has access to special pricing
and conditions that otherwise might not be available if the City operated
as a stand-alone enterprise. Based on this unique venue and with the
continuing obligation that the operator always obtain the best available
pricing on all purchases of goods or services, the ShoWare Center operator
is authorized to purchase goods or services as needed so long as the
operator does not exceed the established budget and so long as purchases
over $25,000 are first approved by the chief administrative officer or his
or her designee. In addition to any contract obligation, the operator will
also provide the Mayor and Council with a monthly audit report
documenting financial activities at the ShoWare Center.
3. Public works. While Council may delegate in a contract the
authority for a third-party to procure a public work, the third-party shall
comply with any required competitive bid process applicable to the City for
the public work.
H. Pass-through grant aareements. Contracts the City enters into with
community-based social and human service providers, including sub-
recipients of grant funds received from the Community Development and
Block Grant (CDBG) Program, are not required to follow the competitive
bidding requirements provided for in KCC 3.70.080 for purchases, but may
be entered into through direct negotiations with the City, or in accordance
with any competitive process required under federal or state law as a
condition of the grant.
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I. Pass-through fee contracts - No financial impact to City. Service
contracts entered into at no or a nominal cost to the City, but result in any
associated fee or charge being passed through to a party other than the
City, including but not limited to an agreement with a collection company,
need not comply with the competitive bidding requirements provided for in
KCC 3.70.080 and may be entered into through direct negotiations with
the City.
J. Community service organizations. The City may enter into
contracts with community service organizations without regard to the
bidding requirements provided for in KCC 3.70.080. If the community
service organization will perform a public work or improvement project,
the value of the community service organization's contribution will not be
included within the public work's bidding threshold under KCC 3.70.090
only if the requirements of RCW 35.21.278, as the same may be later
amended, are met, including:
1. The organization is a chamber of commerce; a service
organization; a community, youth, or athletic association; or other similar
association located and providing service in the immediate neighborhood;
2. The work the organization will perform involves drawing
design plans, making improvements to a park or public square, installing
equipment or artwork, or providing facility maintenance services as a
community or neighborhood project;
3. The value of the benefit the City receives from the public
work or improvement is at least equal to three (3) times that of the City's
payment to the organization to reimburse the organization for its
expenses; and
4. All payments made by the City to qualifying service
organizations in any one year under this competitive bid exception does
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not exceed two dollars ($2.00) per resident or twenty-five thousand
dollars ($25,000), whichever amount is greater.
K. Auctions. The City may purchase supplies, equipment, or materials
at auctions conducted by the United States government or any of its
agencies, or by the State of Washington and any of its political
subdivisions, without being subject to the bidding requirements of this
chapter.
L. Recycled products. Nothing in this chapter shall prohibit the City
from preferentially purchasing products made from recycled materials or
products that may be recycled or reused, pursuant to Chapter 3.80 KCC or
Chapter 43.19A RCW.
PART 3. SMALL WORKS ROSTER
Sec. 3.70.120. Small works roster — Finding and
authorization for establishment. The City Council finds that the small
works roster provisions provided for in RCW 39.04.155 would provide an
efficient process for the award and construction of small public works
projects within the City of Kent. Toward that end, this Part 3 authorizes
staff to establish a small works roster procedure for public works pursuant
to RCWs 35A.40.210, 35.23.352, and 39.04.155, as the same may be
later amended.
Sec. 3.70.130. Contract cost of $300,000 or less. For those
public works that would otherwise require advertised bids, but the
estimated cost of the complete work, including any applicable sales tax, is
three hundred thousand dollars ($300,000) or less, or the current
statutory limit provided for in RCW 39.04.155, the City need not comply
with formal sealed bidding procedures for the construction, building,
renovation, remodeling, alteration, repair, or improvement of real
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property. Instead, the City may use the small works roster procedure for
public works as set forth in this Part 3. The splitting of any public work
into units or accomplishing any public work by phases is prohibited if it is
done for the purpose of avoiding the maximum dollar amount of a contract
that may be let using the small works roster process. The small works
roster process provided for in this Part 3 is an option available to City staff
at the discretion of the director. For any qualified public work, advertised
bids in accordance with KCC 3.70.090.13. may always be utilized.
Similarly, the small works roster process may also be utilized, at the
discretion of the director, in lieu of the process set forth in KCC
3.70.090.A. — KCC 3.70.090.C.
Sec. 3.70.140. Number of rosters. City staff may create a
single general small works roster, or may create multiple small works
rosters for different specialties or categories of anticipated work. Those
small works rosters may make distinctions between contractors based
upon different geographic areas served by the contractor. Should the City
not contract with another entity to establish and maintain the rosters as
provided for in KCC 3.70.170, City small works rosters will be maintained
by the Public Works Department's Contract Specialist, or such other
position as the City may administratively designate.
Sec. 3.70.150. Contractors listed on small works roster. A
small works roster shall consist of all responsible contractors who have
requested to be on the roster and, where required by law, are properly
licensed or registered to perform such work in this state. As may be
requested by City staff, contractors desiring to be placed on a roster must
keep current records of any applicable licenses, certifications,
registrations, bonding, insurance, or other appropriate matters on file with
the City as may be made a condition of being placed on a roster.
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Sec. 3.70.160. Publication. At least once a year, the City shall
publish a notice of the existence of the roster and solicit the names of
contractors for the roster. This solicitation shall be published in either the
City's designated official newspaper, or in another newspaper of general
circulation that the City determines is most likely to result in contractor
responses. Responsible contractors shall be added to the appropriate
roster at any time that they submit a written request and any necessary
records. The City may require master contracts to be signed that become
effective when a specific award is made using a small works roster.
Sec. 3.70.170. Electronic rosters. In addition to paper and/or
electronic rosters kept on file with the City, the City may also use the
state-wide electronic small works roster database developed and
maintained by MRSC, or the City may contract with another public agency
to maintain a shared small works roster that conforms to the requirements
of RCW 39.04.155.
Sec. 3.70.180. Telephone or written quotations. For those
public works projects where the small works roster is utilized, the City
shall obtain telephone, written, or electronic quotations for public works
projects from contractors on the appropriate small works roster to assure
that a competitive price is established and to award contracts to the
lowest responsible bidder, as defined in RCW 39.04.010 and RCW
39.04.350, as follows:
A. Content of invitation for bid/quote. Work awarded to a contractor
off of a small works roster need not be advertised. Invitations for
quotations shall include an estimate of the scope and nature of the work
to be performed as well as materials and equipment to be furnished.
However, detailed plans and specifications need not be included in the
invitation. This section does not eliminate other requirements for
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architectural, engineering, or land surveying approvals as to quality and
compliance with building codes, or any statutory bonding, retainage, and
prevailing wage provisions.
B. Number of required invitations.
1. All small works projects. If quotations are invited from less
than all contractors on the appropriate small works roster, at least five (5)
contractors from the roster who have indicated the capability of
performing the kind of work being contracted must be invited to submit a
bid or quote in a manner that will equitably distribute the opportunity
among the contractors on the appropriate roster. If there are less than
five (5) contractors on the appropriate small works roster, quotations
must be invited from all contractors.
a. For purposes of the small works roster, "equitably
distribute" means that the City may not favor certain contractors on the
appropriate small works roster over other contractors on the appropriate
small works roster who perform similar services. At the time bids are
solicited, the City representative shall not inform a contractor of the terms
or amount of any other contractor's bid for the same project.
2. Small works projects from $150,000 to $300,000. In
addition to the requirement of KCC 3.70.180.13.1. above, if the estimated
cost of the work is from one hundred fifty thousand dollars ($150,000) to
three hundred thousand dollars ($300,000) and the City invites bids or
quotes from less than all contractors on the appropriate roster, the City
must also notify the remaining contractors on the appropriate small works
roster that quotations on the work are being sought. The City has the sole
option of determining whether this notice is made to the remaining
contractors by:
a. Publishing notice in a legal newspaper in general
circulation in the area where the work is to be done;
b. Mailing a notice to these contractors; or
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C. Sending a notice to these contractors by facsimile or
other electronic means.
C. Response to invitation for bid/quote. Invited contractors who are
interested in the solicited work should respond within the time and by the
manner declared by the City in the invitation. Failure to timely or properly
respond may result in the contractor's bid being rejected.
D. Bid bond — Optional at director's discretion. A contractor's bid,
solicited under the small works roster process provided for in this Part 3,
need not include, at the discretion of the director, a bid bond as required
by RCW 35.23.352. All other bonding, retainage, and prevailing wage
provisions applicable to public works projects apply to contracts entered
into under the small works roster process.
E. Written record. The City shall maintain a written record of each
contractor's bid on the project and of any conditions imposed on the bid.
Immediately after an award is made, the bid quotations obtained shall be
recorded, open to public inspection, and available by telephone inquiry.
Nothing in this section is intended to supplant the City's duties and
obligations under the Public Records Act.
Sec. 3.70.190. Determining lowest responsible bidder. The
City shall award the contract for the public works project to the lowest
responsible bidder on the small works roster; provided that, whenever
there is a reason to believe that the lowest acceptable bid is not the best
price obtainable, all bids may be rejected and the City may call for new
bids under the small works roster. A responsible bidder will be a
contractor who meets the mandatory requirements of RCW 39.04.350(1)
and any supplemental bidder responsibility criteria established for the
project under RCW 39.04.350(2) and KCC 3.70.090.D.2, as amended.
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Sec. 3.70.200. Award. The City shall collect all bids or
quotations and consider them at the same time to determine the lowest
responsible bidder and determine which contractor, if any, should be
awarded the contract.
PART 4. CONTRACT EXECUTION - AUTHORIZATION
Sec. 3.70.210. Contract required and approval necessary.
After complying with the competitive bidding process provided for within
Part 2 or Part 3 of this chapter, all work or any purchase authorized with a
particular vendor, consultant, or contractor that cumulatively is expected
on a particular project to exceed an annual amount of twenty thousand
dollars ($20,000) must be in writing, and approved according to the
authority provided for within this Part 4. The thresholds provided in this
section are to be evaluated based upon the total cost of the purchase or
work, including applicable sales tax.
A. Contract log. The City Clerk will maintain a log of all new contracts
executed by the City and delivered to the City Clerk's Office in accordance
with KCC 3.70.050. Each department must confirm that all contracts are
routed to the City Clerk's Office. The operator of the Kent Special Events
Center (ShoWare Center) will also maintain a record of all contracts
entered into over $25,000 and report those contracts to the City Clerk.
The City Clerk will provide a quarterly report of all new contracts executed
by the City during the prior quarter that are greater than $25,000 and not
previously approved by Council.
B. Exception to contract requirement. If sufficient funds exist in the
approved budget, a written contract may not be required if: (1) another
agency's bid process was relied upon as authorized under KCC
3.70.110.F.; (2) contracts bid or negotiated by another agency allow the
City to receive under that contract on substantially the same terms; and
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(3) the City Attorney has determined the contract between the bidding
agency and the awarded contractor or vendor sufficiently protects the
interests of the City.
Sec. 3.70.220. Director approval. Directors may approve work
or purchases, and have signatory authority to execute any requisite
contract, for the following:
A. Contracts - $20,000 or less. All purchases or work authorized by a
director and valued at twenty thousand dollars ($20,000) or less should be
memorialized in a written contract. Any contract or procurement in the
amount of twenty thousand dollars ($20,000) or less, which can be paid
from the originating department's existing annual budget, may be
approved and signed by the director.
B. Change orders or contract amendments. The director is authorized
to approve and sign the following contract change orders or amendments:
1. Change orders or contract amendments that involve only an
extension of time for the contractor to perform.
2. Individual change orders or contract amendments that do not
exceed the original contract amount by more than twenty thousand dollars
($20,000), or cumulatively are within ten percent (10%) or sixty-five
thousand dollars ($65,000) of the original contract amount, whichever
amount is greater, if: sufficient funds remain in the approved project or
department budget to pay the change order or amendment amount.
C. Grant applications, award agreements, bequests, donations, or
other gifts - $25,000 or less. The director may approve and sign all grant
applications, unless the application itself requires otherwise. The director
may also accept any grant, bequest, donation, or other gift in the total
amount of twenty-five thousand dollars ($25,000) or less, and is
authorized to approve and sign all documents necessary to receive the
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grant, bequest, donation, or other gift. In determining the total grant,
bequest, donation, or gift amount for application of this section, the cost
of any matching funds and the cost of fulfilling all conditions placed on the
City's acceptance of the grant, bequest, donation, or gift must be included
in the calculation. In order for the director to have the authority granted
by this section, any matching funds required to obtain the grant, bequest,
donation, or gift must be available within the director's existing budget.
Upon the City's receipt of the grant, bequest, donation, or gift funds in the
total amount of twenty-five thousand dollars ($25,000) or less, the
Finance Director is authorized to amend the department director's budget
and authorize expenditure of the funds. The Finance Director may then
include these funds in the budget adjustment ordinance.
Sec. 3.70.230. Mayor approval. The Mayor has signatory
authority and may approve the following:
A. Contracts - $20,000 or more. All purchases or work valued at an
amount in excess of twenty thousand dollars ($20,000) must be
memorialized in a written contract and signed by the Mayor. Any contract
valued at an amount of sixty-five thousand dollars ($65,000) or less may
be signed by the Mayor without City Council approval if funds are available
within the existing budget to pay the associated contract costs.
B. Change orders or contract amendments. The Mayor is authorized to
approve and sign: (1) individual change orders or contract amendments
that do not exceed the original contract amount by more than sixty-five
thousand dollars ($65,000), or (2) cumulatively are within twenty percent
(20%) or one hundred thirty thousand dollars ($130,000) of the original
contract amount, whichever amount is greater, if sufficient funds remain
within the existing budget.
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C. Grant acceptance, award agreements, bequests, donations, or other
gifts. The Mayor is authorized to approve and sign any application
requesting grant funds for various City purposes if the grant application
requires. The Mayor may also accept any grant, bequest, donation, or
other gift in the amount of sixty-five thousand dollars ($65,000) or less,
and is authorized to sign all documents necessary to receive the grant,
bequest, donation, or other gift. In determining the total grant, bequest,
donation, or gift amount for application of this section, the cost of any
matching funds and the cost of fulfilling all conditions placed on the City's
acceptance of the grant, bequest, donation, or gift must be included in the
calculation. In order for the Mayor to have the authority granted by this
section, any matching funds required to obtain the grant, bequest,
donation, or gift must be available within the existing budget. Upon the
City's receipt of the grant, bequest, donation, or other gift funds in the
amount of sixty-five thousand dollars ($65,000) or less, the Finance
Director is authorized to amend the budget and authorize expenditure of
the funds. The Finance Director may then include these funds in the
budget adjustment ordinance.
D. Interlocal aareements. The Mayor may approve and sign any
agreement between the City and another public agency, including those
entered into under the Interlocal Cooperation Act, Chapter 39.34 RCW,
without Council approval, so long as any money that may be paid or
received by the City under the terms of the agreement, or any resources
dedicated by the City to the cooperative effort, does not exceed sixty-five
thousand dollars ($65,000), and any payment or dedicated resource
obligation under the agreement may be paid through the existing budget.
E. Real property interests. The Mayor is specifically authorized to do
the following:
41
1. To acquire and convey right-of-ways and other property
interests by lease or purchase when the City Council has dedicated
sufficient funds for the lease or purchase within the existing annual budget
or project budget.
2. To enter into any lease or other agreement conveying an
interest in real property where the total annual amount paid or received
under the agreement, or the total annual fair market value of the real
property interest conferred, is twenty-five thousand dollars ($25,000) or
less. However, no authority delegated under this section shall authorize
approval of a lease or other agreement conveying an interest in real
property for a term greater than two (2) years, including all options to
renew, without express approval of the City Council. The Mayor, Chief
Administrative Officer, or appropriate department director will report to
the applicable Council committee or to the full Council, at least quarterly,
a record of any lease or other agreement entered into pursuant to this
subsection.
3. To accept land, appurtenances, and other real property
interests that are dedicated to the City as a condition of a private
developer's development permit or regulatory approval, or to release the
same as part of such development approval, subject to prior review and
approval by the City Attorney.
F. Surplus. Except for real property, or utility equipment and property
as provided for in RCW 35.94.040, as the same may be later amended, or
property that is sold to another governmental entity that is valued over
fifty thousand dollars ($50,000) as provided for in RCW 39.33.020, as the
same may be later amended, the Mayor, upon a director's
recommendation, is authorized to surplus equipment or property the
Mayor determines is surplus to the City's needs, and the Mayor may sell or
otherwise dispose of such surplused equipment or property for fair market
value or as otherwise allowed by law.
42
G. Pass-through fee contracts. Service contracts entered into at no or
a nominal cost to the City, but that result in any associated fee or charge
being passed through to a party other than the City, such as an
agreement with a collection company, may be approved and signed by the
Mayor, subject to prior review by the City Attorney.
H. Emergency. If an emergency exists as provided for in KCC
3.70.110.13, the Mayor may sign all documents and take all actions
necessary to address the emergency. If Council approval would have
been required by KCC 3.70.240, the City Council shall be subsequently
notified, but formal ratification is not required.
Sec. 3.70.240. Council approval. Council authorization is
required before the Mayor is authorized to purchase or sign the items
identified below. Upon Council approval, all attachments and documents
pertinent to the authorized act are impliedly approved even if they are not
expressly stated or identified. Further, minor adjustments may be made
to any documents or additional action taken if such changes are consistent
with Council's approval and do not result in additional costs being paid by
the City in excess of the amounts provided in KCC 3.70.230.B., if those
additional costs are within established budgets.
A. Contracts — Over $65,000. All purchases or work valued at an
amount in excess of sixty-five thousand dollars ($65,000) must be
memorialized in a written contract. If a contract's estimated cost is over
sixty-five thousand dollars ($65,000), or if there are not sufficient funds in
the existing budget to pay the full contract amount, the City Council must
first authorize the contract before the Mayor may sign the contract to
make it effective and binding upon the City.
1. When the City Council has specifically considered and
approved a project with a line item in the budget that identifies: (a) the
43
contracting party, if known, (b) specific information as to the purchase or
scope of the contract, (c) the estimated total cost of the purchase or
contract, and (d) the term of the anticipated contract does not exceed two
(2) years, that budget line item allocation shall constitute Council
authorization for the purposes of this section if the actual cost does not
exceed the amount budgeted for that expense.
2. The City Council may delegate to a third-party procurement
authority on the City's behalf. If such a delegation is made, no further
Council approval is required. Any delegated procurement authority must
be exercised in accordance with KCC 3.70.110.G.
B. Change orders or contract amendments. All change orders or
amendments that exceed the Mayor's authority under KCC 3.70.230.B.
must be authorized by the City Council and signed by the Mayor before
becoming effective and binding upon the City.
C. Agreements for receipt of grants, bequests, donations, or other
gifts. If the City is awarded any grant, bequest, donation, or other gift in
excess of sixty-five thousand dollars ($65,000), the City Council first must
authorize acceptance of the funds and the Mayor's execution of any
resulting agreement.
D. Interlocal aareements. Any agreement between the City and
another public agency that involves the payment or receipt of money, or
the dedication of City resources, in excess of sixty-five thousand dollars
($65,000), including agreements entered into under the Interlocal
Cooperation Act of Chapter 39.34 RCW, or that involve a payment
obligation the City is unable to meet under the existing budget, must be
authorized by the City Council and signed by the Mayor before becoming
effective and binding upon the City.
44
E. Real property interests. Except for the limited authority codified in
KCC 3.70.230.E, Council approval is required for all real property leases,
sales, or purchases that are not incidental to implementation of a prior
project or program approved by Council. Council approval is also required
before the Mayor may sign any lease or other agreement conveying an
interest in real property where the total annual rental value of the lease or
other real property interest conferred is more than twenty-five thousand
dollars ($25,000) or for a term greater than two (2) years, including all
options to renew.
SECTION 3, — Amendment to Public Works Contract Requirements.
Chapter 6.01 of the Kent City Code, entitled "Public Works Contract
Requirements," is amended as follows:
Chapter 6.01
PUBLIC WORKS CONTRACT REQUIREMENTS
Sec. 6.01.010. State law contract requirements. All public
works and improvements contracts entered into by the City shall be in
conformance with, and subject to, the following minimum provisions of the
Revised Code of Washington, which are not exclusive:
1. Chapter 39.04 RCW relating to public works.
2. RCWs 35A.40.210. ar 35.22.620, 35.23.352, and
39.04.155 relating to competitive bidding for public works, and purchases
of oa ods, materials, equipment, and supplies.
3. RCWs 9.18.120 and 9.18.150 relating to the suppression of
competitive bidding.
4. Chapter 60.28 RCW relating to liens for materials and labor
performed.
5. Chapter 39.08 RCW relating to contractor's bonds.
6. Chapters 39.12, 39.' 6, and ^'.^' RCW relating to prevailing
wages.
45
7. Chapter 49.12 RCW relating to hours of labor.
8. Chapter 51.12 RCW relating to worker's compensation.
93-G. Chapter 49.60 RCW relating to antidiscrimination in
employment.
1014. Chapter 39.2839.24 RCW relating to emergency public works.
B. The SUFety bond shall have as a SLIFety two (2) OF nq0Fe good and
sufficient PFivate paFt+es OF one (1) SUrety cen9pany. Such bona shall be
and the payngent of a" labOFeFS, n9echanies,conditioned upon the faithful peFfOffigance by the centFaCtOF of a" centFact
n9ateFialngeni
and a" etheFS who supply the centFact OF with any n9ateFial
G. The SUFety bond shall be equal to at least one hundFed (100)
peFeent of the centFact PFice and shall Fun to the City and be filed with the
.icy--crcrE.
Sec. 6.01.020. Contracting and Procurement Process. All
public works and improvement contracts entered into by the City shall also
be in conformance with and subiect to the contracting and procurement
process provided for in Chapter 3.70 of the Kent City Code, unless
otherwise provided.
SECTION 5. — Repeal Ordinance No. 2961. By its adoption of this
ordinance, the City Council incorporates the provisions of Ordinance No.
2961, originally adopted by Council on January 15, 1991. Therefore, upon
46
the effective date of this ordinance, Ordinance No. 2961 is hereby repealed
in its entirety.
SECTION 6, — Repeal of Resolution No. 1560. By its adoption of
this ordinance, the City Council incorporates the provisions of Resolution
No. 1560, originally adopted by Council on January 4, 2000. Therefore,
upon the effective date of this ordinance, Resolution No. 1560 is hereby
repealed in its entirety. Any act consistent with and prior to the effective
date of the repeal of Resolution No. 1560 is hereby ratified and affirmed.
SECTION 7, — Savings. The existing Chapter 3.70 of the Kent City
Code, Ordinance No. 2961, and Resolution No. 1560, which are repealed
and replaced by this ordinance, shall remain in full force and effect until
the effective date of this ordinance.
SECTION S. — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 9, — Severability. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 10. — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
47
ATTEST:
RONALD MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12015.
APPROVED: day of 12015.
PUBLISHED: day of 12015.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD MOORE, CITY CLERK
FpOvli\0r,nznre\FmwremenmaLeOrd,nzn®-FINAL TO COMMITTEE do-
Operations Committee Agenda
KEON 7' �ENz�
Councilmembers: Bill Boyce - Dana Ralph - Les Thomas, Chair
May 5, 2015
4 p.m.
Item Description Action Speaker Time Page
1. Call to order Chair Thomas 1
2. Roll Call Chair Thomas 1
3. Changes to the Agenda Chair Thomas 1
4. Approval of Check Summary Report dated YES Chair Thomas 2
4/1/2015thru 4/15/2015
S. Approval of Minutes dated April 21, 2015 YES Chair Thomas 2 1
6. Consolidating Budget Adjustment YES Barbara Lopez 5 3
Ordinance for Adjustments between
January 1, 2015 and March 31, 2015
7. HR Analyst — Increase to Full-time YES Becky Fowler 10 9
S. Ordinance Amending City's Contracting and YES Tom Brubaker 20 11
Procurement Procedures — Recommend
Adoption
Unless otherwise noted, the Operations Committee meets at 4 p.m. on the first and third
Tuesday of each month in Kent City Hall, Council Chambers East, 220 41h Ave S, Kent, 98032.
For additional information please contact Jennifer Hays at 253-856-5705.
Any person requiring a disability accommodation should contact the City Clerk's
Office at 253-856-5725 in advance. For TDD relay service call Washington
Telecommunications Relay Service at 1-800-833-6388.
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1
�ww'. •'r r..' * T tENS."'x
'Nn 4niir Crr4w
OPERATIONS COMMITTEE MINUTES
April 21, 2015
Committee Members Present: Les Thomas, Chair, Dana Ralph, and Bill Boyce.
The meeting was called to order by L. Thomas at 4:02 p.m.
1. CHANGE TO AGENDA.
Item eight, Finance Director's Report, was added to the agenda.
2. APPROVAL OF THE CHECK SUMMARY REPORT DATED 3/16/2015 THROUGH
3/31/2015
B. Boyce moved to approve the check summary report dated 3/16/2015 through
3/31/2015. D. Ralph seconded the motion, which passed 3-0.
3. APPROVAL OF MINUTES DATED APRIL 7, 2015.
D. Ralph moved to approve the Operations Committee minutes dated April 7, 2015. B.
Boyce seconded the motion, which passed 3-0.
4. BANK SERVICES CONTRACT.
Finance Director Aaron BeMiller updated Committee members about the banking
services request for proposal that was advertised earlier this year. Four responses were
received, which were all excellent. The evaluation format consisted of four members
from the Finance Department, one member from Information Technology, and one
member from Human Resources to review the four responses.
Upon completion of the evaluation, Mr. BeMiller is making a recommendation to
continue services with the City's existing bank, U.S. Bank. The important factors that
led to the final decision are: significant annual banking services savings from the
contract will be approximately $60,000 per year based on current activity; a generous
annual earning credit bonus in which the City would receive $5,000 per year that can be
used to offset banking fees and expenses; a generous earnings credit which will be .45
percent that can be used towards the cost of banking; no transition costs would be
incurred; there would be no disruption in banking services, and; the City and U.S. Bank
can continue to maintain a long-term relationship.
B. Boyce moved to recommend Council to authorize the Mayor to sign the contract with
U.S. Bank for the City's primary banking services subject to final terms and conditions
acceptable to the Finance Director and City Attorney. D. Ralph seconded the motion,
which passed 3-0.
S. MFD FLEET MAINTENANCE CONTRACT EXTENSION.
Multimedia Manager Dea Drake asked to extend the maintenance agreement to Preferred
Copiers for the City's copier fleet of Ricoh Multifunction Copier/Printer Devices until
December 31, 2015. Preferred Copiers has been the maintenance company for the past
2
Operations Committee Minutes
April 21, 2015
Page: 2
18 months and their contract will expire May 2015. The company has and continues to
provide excellent service. The intent is to replace the copier fleet in the next six months.
There will be a slight increase reflective to the cost of living and the increased cost of
maintaining the older machines. It was noted that the IT Operations Budget allocations
approved as a part of the 2015-2016 biennial budget process are earmarked for this
expenditure.
D. Ralph moved to recommend Council to authorize the Mayor sign an Extension of the
Goods and Services Agreement with Preferred Copier Systems in an amount not to
exceed $100,000 through December 31, 2015 for maintenance of the city fleet of Ricoh
Multifunction Copier/Printer Devices subject to terms and conditions acceptable to the
City Attorney and Information Technology Director. B. Boyce seconded the motion, which
passed 3-0.
6. FINANCE DIRECTOR'S REPORT
Ending the meeting on an upbeat note, Finance Director Aaron BeMiller reported that
Moody's Investors Service has significantly upgraded the City's rating three spots on
their table to an A2 from a Baal. This outstanding news came on the heels of Standard
and Poor's upgrade.
The upgrade to A2 is based upon the rapid and significant improvement in the City's
financial profile. The City's available liquidity, reserves, and operating flexibility are
notably stronger now than they were in recent years. New revenues have been raised;
the City's contingent debt obligation has been incorporated as an ongoing expenditure
and is being paid in isolation from the General Fund; certain deficit fund balances will be
eliminated by surplus cash flows in fiscal year 2016, and all inter-fund indebtedness is
on course to be retired by fiscal year 2022. The upgrade acknowledges that previously
identified credit risks have been greatly reduced as a result of recent revenue increases
and budgeting decisions to strengthen the balance sheet on an accelerated basis, and
that these efforts have already yielded improved financial metrics and will likely
continue to do so.
Committee Chair Thomas congratulated Mayor Cooke, former interim Chief
Administrative Officer (CAO) Tom Brubaker, current CAO Derek Matheson, and Mr.
BeMiller for making really good choices for this positive change.
The meeting was adjourned at 4:15 p.m. by L. Thomas.
Jennifer Hays
Operations Committee Secretary
3
FINANCE
� Aaron BeMiller, Director
Phone: 253-856-5260
K TJ;4
Fax: 253-856-6255
Address: 220 Fourth Ave. S.
Kent, WA 98032-5895
DATE: May 5, 2015
TO: Operations Committee
FROM: Barbara Lopez, Assistant Finance Director
SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments between
January 1, 2015 and March 31, 2015
MOTION: Recommend Council adopt the consolidating budget adjustment ordinance for
adjustments made between January 1, 2015 and March 31, 2015, reflecting an overall
budget increase of $5,865,648.
SUMMARY:
Authorization is requested to approve the technical gross budget adjustment ordinance
reflecting an overall budget increase of $5,865,648 for budget adjustments made
between January 1, 2015 and March 31, 2015.
An overall increase of $5,861,148 was previously approved by Council. Five million
relates to the solid waste utility tax increase adopted by Council on November 4, 2014.
Of this, $2.5 million transfers the monies received in the Street Operating Fund to the
Street Capital Projects Fund. The remaining $2.5 million establishes the project budget
in the Street Capital Projects Fund.
Also, included is $832,809 in 2014 carryover budgets for vehicle purchases ($464,700)
and ECD/Parks contracts ($367,809).
The remaining amount not yet approved by Council is an overall increase of $4,500 and
is comprised of a $1,500 Target Zero Law Enforcement Liaison Grant and a $3,000
Union Pacific Railroad Grant.
Exhibit:
Budget Impact: These expenditures are funded by grants or other new revenues.
4
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the
consolidating budget adjustments made between
January 1, 2015 and March 31, 2015, reflecting an
overall budget increase of $5,865,648.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Budget Adiustments. The 2015-2016 biennial
budget is amended to include budget fund adjustments for the first quarter
of 2015 from January 1, 2015 through March 31, 2015, as summarized
and set forth in Exhibit "A," which is attached and incorporated into this
ordinance. Except as amended by this ordinance, all terms and provisions
of the 2015-2016 biennial budget Ordinance No. 4137 shall remain
unchanged.
SECTION 2. — Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
5
SECTION 3, — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 4, — Effective Date. This ordinance shall take effect and
be in force five (5) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 2015.
APPROVED: day of 2015.
PUBLISHED: day of 2015.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
a.ACivilAOrdinanceVBudge[Adjustment ordinance 1st Quarter zois.docx
6
Exhibit A
City of Kent
Budget Adjustment Ordinance
Adjustments January 1, 2015 to March 31, 2015
Total
Previously Approval Adjustment
Fund Title Approved Requested Ordinance
001 General Fund 5,068,109 - 5,068,109
110 Street Fund (2,200,000) 2,000 (2,198,000)
150 Capital Improvement Fund 25,000 - 25,000
160 Criminal Justice Fund - 4,500 4,500
310 Street Capital Projects 2,503,339 - 2,503,339
440 Sewerage Operating Fund 156,500 (2,000) 154,500
510 Fleet Services Fund 308,200 - 308,200
Total 5,861,148 4,500 5,865,648
7
Budget Adjustment Detail for Budget Changes
January 1, 2015 to March 31, 2015
Not
Approval Previously Previously Total
Date or Approved by Approved by Adjustment
Other Fund Council Council Ordinance
001 - General Fund
1 Carryover Budget - ECD & Parks 12/11/2013 368,109 368,109
1 Tran B&O Bud to new GF Acct Fund 110 4,700,000 4,700,000
Total General Fund 5,068,109 - 5,068,109
110 - Street Fund
110 Estab Solid Waste UT Budget 11/4/2014 2,500,000 2,500,000
110 Keep America Beautiful Grnt 2,000 2,000
110 Tran B&O Bud to new GF Acct Fund 001 (4,700,000) (4,700,000)
Total Street Fund (2,200,000) 2,000 (2,198,000)
150 - Capital Improvement Fund
150 Neighborhood Grants Program 12/11/2013 25,000 25,000
Total Capital Improvement Fund 25,000 - 25,000
160 - Criminal Justice Fund
160 Target Zero Law Enf Liason 1,500 1,500
160 Union Pacific RR Grant '15 3,000 3,000
Total Criminal Justice Fund - 4,500 4,500
310 - Street Capital Projects
310 Estab Solid Waste UT Budget 11/4/2014 2,500,000 2,500,000
310 SEPA Ordinance#2494 Ord 2494 3,339 3,339
Total Street Capital Projects 2,503,339 2,503,339
440 - Sewerage Operating Fund
440 Carryover Budget -Vehicles 12/11/2013 156,500 156,500
440 Keep America Beautiful Grnt (2,000) (2,000)
Total Sewerage Operating Fund 156,500 (2,000) 154,500
510 - Fleet Services Fund
510 Carryover Budget -Vehicles 12/11/2013 308,200 308,200
Total Fleet Services Fund 308,200 - 308,200
Grand Total All Funds 5,861,148 4,500 5,865,648
8
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9
Benefits Division
� Becky Fowler, Manager
"NIMPhone: 253-856-5290
KET T 7ENta�a Fax: 253-856-6270
Address: 400 West Gowe
Kent, WA 98032-5895
DATE: May 5, 2015
TO: Operations Committee
FROM: Becky Fowler, Manager
SUBJECT: HR Analyst - Increase to Full-time
MOTION: Recommend Council authorize a full-time HR Analyst position in the Benefits
Division.
SUMMARY:
Effective May 1, 2015 the Benefits Division of Human Resources is losing a 0.6 FTE
position due to an employee resignation. The Division requests that this position be
increased to full-time beginning June 1, 2015. The additional cost in 2015 is $19,064.
BACKGROUND:
This position was originally budgeted as full-time. It was under-filled in 2013 as a
0.6 FTE position. Due to the Patient Protection Affordable Care Act, the position
needs to be increased to a minimum of 0.75 FTE to maintain benefits. In addition, it
will be much easier to attract a qualified candidate for a full-time position.
This position chairs the city-wide Wellness program, assists in compliance with the
Patient Protection Affordable Care Act, oversees leave requests for our Police
employees, and supports the Deferred Compensation Fiduciary Board
Exhibit:
Budget Impact: $19,064 in 2015.
10
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11
LAW DEPARTMENT
� Tom Brubaker, City Attorney
"NIMPhone: 253-856-5770
KET T 7ENta�a Fax: 253-856-6770
Address: 220 Fourth Ave. S.
Kent, WA 98032-5895
DATE: April 29, 2015
TO: Operations Committee
FROM: Tom Brubaker, City Attorney
SUBJECT: Ordinance Amending City's Contracting and Procurement Procedures —
Recommend Adoption
MOTION: Recommend Council adopt the proposed Ordinance that amends the City's
contracting and procurement procedures, repeals Ordinance No. 2961 and Resolution
No. 1560, and establishes a small works roster process for eligible public works projects.
SUMMARY:
For some time, the Law Department has been working on a comprehensive rewrite of
the procurement and contracting provisions set forth in Chapter 3.70 of the Kent City
Code. The draft ordinance has been discussed with Council at its Workshops on March
3, 2015, and April 21, 2015, and additional revisions have been made based on those
discussions.
This ordinance seeks to compile, in one location, all of the previous provisions that were
set out in City code, City policy, various Council resolutions and ordinances, and state
law. If adopted, this ordinance will authorize the use of a small works roster, which is a
process in place in many of Kent's neighboring jurisdictions. The ordinance will also
increase the contracting authorization levels granted by Council to department directors,
including the Chief Administrative Officer, and the Mayor to more accurately reflect the
current cost to do work that is often driven by market conditions and inflation. The
existing authorization levels have not been increased since the original procurement
code and companion administrative policy were established in 1994.
While authorization levels would be increased through adoption of the proposed
ordinance, the ordinance does direct the City Clerk to provide a quarterly report of all
new contracts executed by the City during the prior quarter that are greater than
$25,000 and were not previously approved by Council. Finally, the ordinance delegates
some authority to the Mayor with respect to real property interests, but it also requires
the Mayor, the Chief Administrative Officer, or the department director to report to
Council, or its appropriate Council committee, those agreements entered into by the
Mayor under that delegated authority.
Exhibit: Ordinance
Budget Impact: N/A
12
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapters 3.70
and 6.01 of the Kent City Code to revise the City's
contracting and procurement procedures,
repealing Ordinance No. 2961 and Resolution No.
1560 upon the effective date of this ordinance
because the substance of those legislative acts is
incorporated into this ordinance, and establishing
a small works roster process for eligible public
works projects.
RECITALS
A. The City of Kent has not revised its procurement
requirements and other public contracting provisions for more than ten
years.
B. Based on changes in law, regulatory efficiencies, and
inflationary trends, it is appropriate to completely update and revise these
requirements.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Repeal Existina Procurement Provisions. Chapter
3.70 of the Kent City Code, entitled "Procurement Contracts," is repealed
in its entirety.
13
SECTION 2. - Enact New Contractina and Procurement Provisions.
The Kent City Code is amended to add a new chapter, Chapter 3.70 of the
Kent City Code, entitled "Public Contracting and Procurement," as follows:
CHAPTER 3.70
PUBLIC CONTRACTING AND PROCUREMENT
PART 1. GENERALLY
Sec. 3.70.010. Purpose. It is the purpose of this chapter to
outline the procedures for the purchase and acquisition of goods,
materials, equipment, and services, and the performance of public works
and improvement contracts in order to maintain an accountable public
contracting and procurement process, and to provide other general
contracting procedures. It is also the purpose of this chapter to allow for
the flexible application of these procedures for more efficient and cost
effective procurement and contracting where strict application would not
be in the City's best interest.
Sec. 3.70.020. Applicability. City procurements and contracts
must be evaluated through a two-step process. The first step is to
determine what competitive bidding requirements, if any, are required
under either Part 2 or Part 3 of this chapter. The second step is to
determine, under Part 4, who within the City has the appropriate authority
to approve any procurement and to sign any contract on behalf of the
City. Each procurement first must be evaluated under Parts 2 or 3 and
then under Part 4 separately. When an existing contract requires a
change, either in product, scope, or time of completion, an amendment or
change order to that contract must be in writing and evaluated under Part
4.
14
Sec. 3.70.030. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning.
A. Contract shall mean a formal written contract, purchase order,
lease, verbal agreement, or cash or credit purchase from a wholesaler,
retailer, dealer, vendor, consultant, contractor, or other similar
transaction. Grants, bequests, and other donations or gifts that generate
revenue or that represent or are conditioned on the pledge, use, or other
impairment of a City asset or dedication of City resources are also contacts
and are subject to the specific provisions of this chapter. Purchases or
work shall not be split into smaller, separate contracts to avoid either the
competitive bidding or authorization requirements set forth in this chapter.
B. Director shall mean any director of a City of Kent department and
shall include the position of Chief Administrative Officer.
C. Public work shall have the same meaning as provided in RCW
39.04.010, as the same may later be amended. Generally, a public work
is any work, construction, alteration, repair, or improvement to a public
facility that is performed at the City's expense, other than ordinary
maintenance. This definition applies to all City departments, not just the
City's public works department. Ordinary maintenance when performed
by contract, while not a public work, may be subject to prevailing wages.
D. Purchase refers to materials, supplies, equipment, or services
procured by the City, either for ownership or lease, that will not be part of
a public work.
Sec. 3.70.040. Designee. When any City staff member is
designated in this chapter by his or her title, including without limitation a
15
"director" or the "Mayor," that reference is intended to refer to the
employee who holds that title or his or her designee.
Sec. 3.70.050. Contracts maintained by the City Clerk's
Office. Staff shall forward to the City Clerk's Office an original, or a
complete copy if an original cannot be obtained, of all contracts, change
orders, or amendments entered into under this chapter, whether those
contracts are signed by a director or the Mayor, to be maintained in
accordance with the records retention schedule applicable to the City and
its records.
PART 2. COMPETITIVE BIDDING
Sec. 3.70.060. Applicability of competitive bidding
provisions. Before the City purchases any goods, materials, equipment,
or services, or arranges for the performance of any public work, the
competitive bidding process established in this Part 2 must be reviewed
and satisfied based upon the total cost of the goods, materials,
equipment, or services to be purchased or any work performed, including
any applicable sales tax.
A. When the total cost of the work or item is unknown because a
definite term or unit amount cannot be reasonably determined, the
procurement cost, for the purpose of establishing the appropriate
competitive bidding procedure, is the estimated annual cost of the work or
item, including any estimated sales tax.
B. In lieu of requesting bids for specific purchases, the City may solicit
bids or proposals for products on an as-needed basis for a specified term,
e.g. one year, in those instances where the specific services or products
are undetermined, such as for the ongoing purchase of office supplies or
uniforms.
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Sec. 3.70.070. Architectural, landscape architectural,
engineering, and land surveyor services. Chapter 39.80 RCW
establishes a process through which governmental agencies are required
to publicly announce their requirements for architectural and engineering
services, including landscape architects and land surveyors. The Kent City
Council has adopted the following procedures to comply with these
statutory requirements:
A. Applicability. This section shall apply to architects, landscape
architects, engineers, and land surveyors performing activities within the
scope of the general definition of professional practice in Chapter 18.08
RCW (architects), Chapter 18.43 RCW (engineers and land surveyors), or
Chapter 18.96 RCW (landscape architects), as the same may later be
amended.
B. Publication or public announcement of needed architectural
landscape architectural, enaineering, and land surveyina services.
1. The City must publish or otherwise announce to the general
public the City's requirement for architectural, landscape architectural,
engineering, and land surveying services. City staff may comply with this
requirement by:
a. Publishing notice for such architectural, engineering, or
land surveying services for a specific project or projects; or
b. Annually announcing to the public generally the City's
projected requirements for any category or type of architectural,
engineering, or land surveying services, and requesting that interested
consultants submit statements of qualifications and performance data. At
its discretion, the City may add architectural, engineering, or other
consultants to its annual roster throughout the year so long as those
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consultants have submitted all required statements of qualifications and
performance data.
2. The public notice the City provides under KCC 3.70.070.13
must comply with Chapter 39.80 RCW and contain the following minimum
information:
a. The general scope and nature of the project or work;
and
b. An address of the City representative who can provide
further details of the project or work.
3. In addition, the City may elect to contract with other
agencies, including Municipal Research and Services Center ("MRSC"), and
utilize rosters developed and maintained by them to carry out the
requirements of this section and Chapter 39.80 RCW.
C. Contract negotiations. City staff must first determine which
architect or engineer is most qualified, based on the City's criteria, to
provide the services needed. Once an architect or engineer is selected,
City staff may negotiate the cost of those services at a price the City
determines fair and reasonable. State law prohibits the City from
discussing project cost with a prospective engineer or architect until the
City has first selected an architect or engineer to perform the work. If the
City and the selected architect or engineer are unable to agree on a price
that the City believes is fair and reasonable, the City may terminate those
negotiations, select a new architect or engineer, and commence
negotiations with the new architect or engineer.
Sec. 3.70.080. Purchases of goods, materials, equipment, or
services. This section establishes the competitive bidding procedures
that apply to purchases of goods, materials, equipment, or services, not
included within a public work.
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A. Purchases of $20,000 or less — Director discretion. For purchases
where the estimated cost is twenty thousand dollars ($20,000) or less, the
director shall determine what competitive bidding process the department
will utilize, if any, with direct negotiation being an acceptable option. It is
incumbent on the director to seek the best price available under the
circumstances, acting not only under existing market conditions, but also
as a cautious steward of City resources.
B. Purchases areater than $20,000, but $35,000 or less — Telephone
bids or quotations. For purchases where the estimated cost is greater
than twenty thousand dollars ($20,000), but thirty-five thousand dollars
($35,000) or less, the director shall attempt to solicit and document at
least three (3) telephone bids or quotations for the purchase. Bids or
quotations received by email, facsimile, regular mail, or personal delivery
are also acceptable in lieu of telephone bids. For purchases made
regularly and repeatedly, such as paper or other office supplies, a list of
comparable bids or quotations may be maintained and updated at least
annually, and purchases can be made from that list without soliciting bids
or quotations for each purchase. The provisions of KCC 3.70.080.D for
advertised bids, or KCC 3.70.080.E for requests for proposals, may be
used in lieu of the provisions of this section.
C. Purchases greater than $35,000, but $65,000 or less — Written bids
or quotations. For purchases where the estimated cost exceeds thirty-five
thousand dollars ($35,000), but is sixty-five thousand dollars ($65,000) or
less, the director shall attempt to solicit and document at least three (3)
written bids or quotations for the purchase. Written bids or quotations
received by email, facsimile, regular mail, or personal delivery are
acceptable. For purchases made regularly and repeatedly, such as paper
or other office supplies, a list of comparable bids or quotations may be
maintained and updated at least annually, and purchases can be made
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from that list without soliciting bids or quotations for each purchase. The
provisions of KCC 3.70.080.D for advertised bids, or KCC 3.70.080.E for
requests for proposals, may be used in lieu of the provisions of this
section.
D. Purchases areater than $65,000 — Advertised bids. For purchases
where the estimated cost exceeds sixty-five thousand dollars ($65,000),
the City shall publish notice calling for sealed bids at least one (1) time,
and at least seven calendar (7) days prior to the last date upon which bids
will be received, or such other reasonable time as the director may deem
appropriate under the circumstances. Publication of this notice may be in
any manner determined by the City most likely to provide notice to the
contracting community that will result in the City's receipt of responsive
bids, including without limitation, a newspaper of general circulation, a
trade publication or website, a posting on the City's website, or a posting
on another agency or service provider's website. The notice shall
generally state the nature of the contemplated purchase, including a
description or specifications, and it may require that the bids be sealed
and filed with the City Clerk within the time for submittal specified in the
notice. The City shall, in its sole discretion, award the contract to the
lowest responsive and responsible bidder, may waive any informalities in
the bids received, and/or may reject any or all bids or proposals.
E. Purchases areater than $65,000 — Request for proposals. In lieu of
advertised bids as may be required under KCC 3.70.080.D, the director, at
his or her option, may choose to use a request for proposals, request for
quotations, or other similar process to determine the availability of needed
products or services. This decision may be utilized when the director
deems it appropriate under those terms and conditions suitable to meet
the needs and requirements of the particular process.
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Sec. 3.70.090. Procurements for the performance of public
works. This section establishes the competitive bidding procedures that
apply to procurements for the performance of public works and
improvement projects when the small works roster provided for in Part 3
is not utilized. The thresholds provided in this section are to be evaluated
based upon the complete public work, including the total cost for all
materials, supplies, equipment, and labor. If the public work is for street
signalization or street lighting, it is treated as a single craft or trade
project for competitive bidding purposes.
A. Public work of$40 000/$65 000 or less — Director discretion. For a
public work where the complete project involves only one craft or trade
and the cost is estimated at forty thousand dollars ($40,000) or less, or
involves more than one craft or trade and the cost is estimated at sixty-
five thousand dollars ($65,000) or less, the director shall determine what
competitive bidding process the department will utilize, if any, with direct
negotiation being an acceptable option. It is incumbent on the director to
seek the best price available under the circumstances, acting not only
under existing market conditions, but also as a cautious steward of City
resources.
B. Public work areater than $40,000 for sinale craft or trade, or
greater than $65,000 for more than one craft or trade — Advertised bids.
1. Advertised bids. For a public work where the estimated cost
of the complete project exceeds forty thousand dollars ($40,000) for a
single craft or trade, or exceeds sixty-five thousand dollars ($65,000) for
more than one craft or trade, the City shall publish notice, at least one (1)
time, and at least thirteen (13) days prior to the last date upon which bids
will be received, calling for sealed bids. Publication of this notice should
be in either the City's designated official newspaper or another newspaper
of general circulation that the City determines is most likely to bring
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responsive bids. The notice shall: (1) generally state the nature of the
contemplated public work, (2) state that a description, plans, and
specifications will be on file with the City, and (3) state that the bids are
required to be sealed and filed with the City Clerk within the time for
submittal specified in the notice. The City shall, in its sole discretion,
award the contract to the lowest responsive and responsible bidder, may
waive any informalities in the bids received, and/or may reject any or all
bids.
2. Responsible bidder determination. For bid awards on a public
work subject to the provisions of Chapter 39.04 RCW, and subject to
available funding, the City may award the bid to the lowest responsive and
responsible bidder. In evaluating lowest responsible bidder qualifications,
the City shall not only evaluate the responsibility requirements provided
within RCW 39.04.350, as the same may be later amended, but also all
other supplemental responsibility criteria that the originating department
director may determine is applicable to a particular project. Indicia of
bidder responsibility inherently involve subjective determinations as to a
bidder's ability to perform and complete the contract work responsibly and
to the City's satisfaction. The City has an obligation and a duty to its
citizens and its taxpayers to administer its budgets and complete its
projects in a businesslike manner. Accordingly, it has a duty to exercise
the type of inquiry and discretion a business would conduct when selecting
a contractor who will be responsible to perform the public work.
In adopting supplemental responsibility criteria, examples of
qualifications the director may seek include, without limitation, those that
may indicate the bidder's:
a. Ability, capacity, and skill to perform the work or
provide the service required;
b. Reputation, character, integrity, judgment, experience,
and efficiency;
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C. Ability to perform the work within the time specified;
d. Quality of performance of previous work or services;
e. Previous and existing compliance with laws relating to
the work or services;
f. Access to sufficient tools and equipment to perform the
work, and the expertise to operate the tools and equipment;
g. Total bonded capacity;
h. Bidder's conduct under previous contracts;
i. Quality of work previously performed by bidder;
j. References from other public and private entities that
have hired the bidder to perform work; or
k. Other information as may be secured having a bearing
on the decision to award the work.
However, as provided for in RCW 39.04.350, as amended, all
supplemental criteria that may be considered, including the basis for
evaluation and the deadline for appealing a determination that a bidder is
not responsible, must be provided by the originating department in the
invitation to bid or in the bidding documents, and the director of the
originating department is authorized to determine the specific
responsibility criteria for each contract or public works project.
C. Public work performed by City staff. For a public work where the
complete project, including goods, materials, or equipment procured for
inclusion, is below the bid threshold provided in KCC 3.70.090.B., that
work may be performed by City staff. A complete public work that will
exceed the bid threshold provided in KCC 3.70.090.B is subject to
competitive bids, either through the small works roster process provided
for in Part 3 or formal advertised bids as provided in KCC 3.70.090.B.
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Sec. 3.70.095. Acquisition of electronic data processing and
telecommunications systems—Alternative. As an alternative to the
competitive process provided for under KCC 3.70.080 and KCC 3.70.090,
electronic data processing or telecommunications systems, which systems
may include equipment, software, or services, may be obtained as
provided for in this section and RCW 39.04.270, as the same may be later
amended.
A. Request for proposals. A request for proposals shall be prepared
and submitted to an adequate number of qualified sources, as determined
in the City's discretion, to permit reasonable competition consistent with
the requirements of the procurement. The request for proposals shall
identify significant evaluation factors, including price, and their relative
importance. Notice of the request for proposals must be published in a
newspaper of general circulation at least thirteen (13) days before the last
date on which the proposals will be received.
B. Procedures for evaluation. The City shall provide reasonable
procedures for technical evaluation of the proposals received, identification
of qualified sources, and selection for awarding the contract.
C. Award. The award shall be made to the qualified bidder whose
proposal is most advantageous to the City with price and other factors
considered. However, the City may reject any and all proposals for good
cause and request new proposals.
Sec. 3.70.100. Local business preference.
A. Findings and intent. The City of Kent annually spends significant
amounts on purchasing personal property, materials, and contractual
services as part of its ongoing operation and management of the City and
its infrastructure. The money used in making procurements of goods and
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services is derived, in large part, from taxes, fees, and utility revenues
derived from local businesses and local residents, many of whom work for
these local businesses. The City Council finds that funds expended by the
City should, to the extent possible and as allowed by law, be placed back
in the City to support its local economy.
B. Local business defined. The term local business means any
corporation, partnership, sole proprietor, limited liability company, or
other business entity that has a City of Kent business license, maintains a
physical business address within the City's corporate limits in an area
zoned or otherwise approved under the Kent City Code for the operation of
that business, and has at least one (1) employee who reports to work at
that address on a daily basis to operate or perform work at that business.
Post office boxes shall not be used for the purpose of establishing a
physical address of a local business.
C. Local preference in purchasing and contracting. When procuring
contracts as provided for in this chapter, the City shall make every effort
to purchase from or contract with local businesses. When other product
models that meet the same specifications are locally available (i.e., GE
one hundred (100) watt light bulb vs. Sylvania one hundred (100) watt
light bulb), thoughtful consideration should be given to purchasing the
model that is offered by a local business. When a local business offers
functionally equivalent products for the goods or services sought by the
City (i.e., one hundred (100) watt incandescent light bulb vs. a
functionally equivalent fluorescent or LED light bulb), thoughtful
consideration should be given to purchasing the product that is offered by
a local business. When selecting a business in response to a request for
proposal, or when selecting a business that provides consulting services or
other services that provide unique expertise, thoughtful consideration
should be given to selecting a local business that can provide those
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products or services. However, the preference established in this section
shall not prohibit the ability to compare quality or fitness for use of
supplies, materials, equipment, or services proposed for procurement and
shall not prohibit the ability to select the best business when comparing
the qualifications, character, responsibility, or fitness of the businesses
under consideration.
D. Written record required when nonlocal business selected. Whenever
City staff decide to procure goods or services valued at an amount greater
than five thousand dollars ($5,000) from a nonlocal business when a local
business also provides the same goods or services, the manager in charge
of making that procurement shall provide an explanation in a suitable
format, electronic or otherwise, which will be retained. This provision does
not apply to those procurements that are exempt from competitive bidding
under KCC 3.70.110.
E. Exceptions to local business preference. The procurement
preference set forth in this section shall not apply to any of the following:
1. Goods, materials, equipment or services provided under a
cooperative purchasing agreement or interlocal agreement.
2. Procurements or contracts that are funded, in whole or in
part, by a separate governmental entity and the laws, regulations, or
policies of that separate governmental entity prohibit application of this
local business preference.
3. Procurements or contracts identified in KCC 3.70.110 for
which competitive bidding does not apply.
4. Procurements or contracts made under emergency situations.
5. Procurements made by a third-party under purchasing
authority delegated to the third-party by a contract approved by the City
Council.
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Sec. 3.70.110. Exceptions to competitive bidding
requirements. The competitive bidding requirements set forth in KCC
3.70.080 and KCC 3.70.090 shall not apply to those instances set forth in
this section. Nothing in this section can act to waive the authorization
requirements established in Part 4 of this chapter, KCC 3.70.210 through
3.70.240.
A. Waiver for purchases. The Mayor may waive the bidding
requirements for the purchase of goods, materials, equipment, or services
that are not part of a public work upon a finding that:
1. The purchase is clearly and legitimately limited to a single
source of supply within the near vicinity; or
2. The purchase is subject to special market conditions, or
involves special facilities or services; or
3. The bidding requirements would otherwise not be practicable
or in the City's best interests under the circumstances.
If a waiver is appropriate, the director shall prepare a memo to the
Mayor outlining the reasons for the requested waiver. If the Mayor
authorizes the waiver, the purchase may be completed by direct
negotiation. The document evidencing the waiver granted by the Mayor
shall be maintained with the contract on file with the City Clerk's Office in
accordance with KCC 3.70.050.
B. Waiver in emergency. When any emergency, including a public
work emergency, requires the immediate execution of any contract, or
authorization of any purchase, work, or change order or amendment to an
existing contract, the Mayor shall have the power to waive competitive
bidding requirements and award all contracts necessary to address the
emergency situation.
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1. Emergency defined. An emergency, as that term is used in
this section, shall have the same meaning as provided in RCW
39.04.280(3), as the same may be later amended.
2. Emergency declared. If the competitive bidding requirements
of this chapter are waived due to an emergency, the Mayor shall issue a
written finding of the existence of an emergency. This written finding,
along with the resulting contract, shall be on file with the City Clerk's
Office and available for public inspection no later than two (2) weeks after
the contract is awarded. If an emergency procurement or contract
exceeds sixty-five thousand dollars ($65,000), the City Council shall be
subsequently notified, but formal Council ratification is not required.
C. Professional and technical consultant contracts. Contracts entered
into with professional or technical service consultants are not required to
follow the competitive bidding requirements provided for in KCC 3.70.080,
but may be entered into through direct negotiations. In contracting with
professional or technical service consultants, it is incumbent on staff to
seek the best price available under the circumstances, acting not only
under existing market conditions, but also as a cautious steward of City
resources. The following is a non-exclusive list of the type of professional
or technical service consultants to which this subsection is intended to
apply:
1. Licensed consultants - Consultants whose practice is certified
or licensed by the state Department of Licensing, other state board, or
similar agency, including without limitation, real estate appraisers and
brokers, attorneys, and accountants. This exception, however, does not
apply to consultants who perform architectural, engineering, and land
surveying services, which are subject to the provisions of KCC 3.70.070.
2. Health care and investment contracts - Contracts entered into
by the City to provide employee health care insurance coverage, or to
provide employee investment services.
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3. Administration services for liability claims and workers,
compensation claims - Contracts entered into by the City for insurance
brokerage services, third-party administrator services for liability claims,
and third-party administrator services for workers' compensation claims.
4. Professional training and employee recruitment - Contracts
entered into by the City to provide professional development or other
training to City employees, volunteers, or elected officials, or to recruit for
high level or specialized employee positions.
D. Cultural performances, events, and public art. The performers and
artists selected by the Cultural Programs Division of the City's Parks,
Recreation, and Human Services Department to perform at various events,
to create public art for the City, or the contractors and vendors hired to
provide services and equipment related to those performances, events,
and art are solicited based on artistic quality, balance of genres,
prominence, marketability, technical requirements, and ability to
coordinate those events with minimum City staff involvement. Given the
unique nature of these performers and artists and the need for multiple
individuals and contractors to work together to successfully coordinate and
conduct each performance or event, contracts to retain performance or
artistic services or to conduct a performance or other cultural event,
including without limitation support services provided by sound
technicians, caterers, or other similar trades, are not required to follow the
competitive bidding requirements provided for in KCC 3.70.080, but may
be entered into through direct negotiations with the City.
E. Interlocal agreements. The bidding procedures for purchases
established under this chapter need not apply to interlocal agreements
with another public agency or agencies for joint or cooperative action.
Interlocal agreements should, however, include the minimum standards
provided for in Chapter 39.34 RCW.
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F. Use of another public agency's bidding procedures. The competitive
bidding procedures established in this chapter shall not apply to purchases
made from a contractor or vendor who was awarded a contract using
another public agency's established procurement process for substantially
the same purchase. The City's reliance on the other public agency's
process shall constitute compliance with the bid requirements of this
chapter.
1. Public works exclusion. Another public agency's bidding
process cannot be relied upon for public works projects above the bid
threshold provided in KCC 3.70.090.D., including goods, materials, or
equipment procured for inclusion in a public work.
2. Interlocal agreement recommended. The City and the public
agency upon whose bid the City intends to rely should enter into an
interlocal agreement that allows the City to piggyback or buy off of the
other public agency's awarded contract.
3. Contract and authorization required. Once any competitive
bid process is satisfied under this section, a contract between the City and
the awarded contractor or vendor is required and must be authorized in
accordance with Part 4 of this chapter, unless the City Attorney is
consulted and advises otherwise.
G. Delegated purchasing authority.
1. Purchases. Purchases made by a third-party under
purchasing authority delegated to it through a contract approved by the
City Council are not required to follow the competitive bidding
requirements provided for in KCC 3.70.080. As an example, this waiver
would apply to an operator the City has entered into a contract with to
operate and maintain a public facility. Under this waiver, if the operator's
contract provided the operator was to purchase all paper or catering
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supplies, that purchase would not be subject to the competitive bid
process set forth in KCC 3.70.080.
2. Kent Special Events Center (ShoWare Center). Management
and operation of the ShoWare Center is unique to City operations.
Efficient management requires flexibility to move quickly to respond to
market requirements for concerts, sporting events, and other offerings.
The ShoWare Center operator, a national company that operates similar
venues throughout the United States, also has access to special pricing
and conditions that otherwise might not be available if the City operated
as a stand-alone enterprise. Based on this unique venue and with the
continuing obligation that the operator always obtain the best available
pricing on all purchases of goods or services, the ShoWare Center operator
is authorized to purchase goods or services as needed so long as the
operator does not exceed the established budget and so long as purchases
over $25,000 are first approved by the chief administrative officer or his
or her designee. In addition to any contract obligation, the operator will
also provide the Mayor and Council with a monthly audit report
documenting financial activities at the ShoWare Center.
3. Public works. While Council may delegate in a contract the
authority for a third-party to procure a public work, the third-party shall
comply with any required competitive bid process applicable to the City for
the public work.
H. Pass-through grant aareements. Contracts the City enters into with
community-based social and human service providers, including sub-
recipients of grant funds received from the Community Development and
Block Grant (CDBG) Program, are not required to follow the competitive
bidding requirements provided for in KCC 3.70.080 for purchases, but may
be entered into through direct negotiations with the City, or in accordance
with any competitive process required under federal or state law as a
condition of the grant.
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I. Pass-through fee contracts - No financial impact to City. Service
contracts entered into at no or a nominal cost to the City, but result in any
associated fee or charge being passed through to a party other than the
City, including but not limited to an agreement with a collection company,
need not comply with the competitive bidding requirements provided for in
KCC 3.70.080 and may be entered into through direct negotiations with
the City.
J. Community service organizations. The City may enter into
contracts with community service organizations without regard to the
bidding requirements provided for in KCC 3.70.080. If the community
service organization will perform a public work or improvement project,
the value of the community service organization's contribution will not be
included within the public work's bidding threshold under KCC 3.70.090
only if the requirements of RCW 35.21.278, as the same may be later
amended, are met, including:
1. The organization is a chamber of commerce; a service
organization; a community, youth, or athletic association; or other similar
association located and providing service in the immediate neighborhood;
2. The work the organization will perform involves drawing
design plans, making improvements to a park or public square, installing
equipment or artwork, or providing facility maintenance services as a
community or neighborhood project;
3. The value of the benefit the City receives from the public
work or improvement is at least equal to three (3) times that of the City's
payment to the organization to reimburse the organization for its
expenses; and
4. All payments made by the City to qualifying service
organizations in any one year under this competitive bid exception does
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not exceed two dollars ($2.00) per resident or twenty-five thousand
dollars ($25,000), whichever amount is greater.
K. Auctions. The City may purchase supplies, equipment, or materials
at auctions conducted by the United States government or any of its
agencies, or by the State of Washington and any of its political
subdivisions, without being subject to the bidding requirements of this
chapter.
L. Recycled products. Nothing in this chapter shall prohibit the City
from preferentially purchasing products made from recycled materials or
products that may be recycled or reused, pursuant to Chapter 3.80 KCC or
Chapter 43.19A RCW.
PART 3. SMALL WORKS ROSTER
Sec. 3.70.120. Small works roster — Finding and
authorization for establishment. The City Council finds that the small
works roster provisions provided for in RCW 39.04.155 would provide an
efficient process for the award and construction of small public works
projects within the City of Kent. Toward that end, this Part 3 authorizes
staff to establish a small works roster procedure for public works pursuant
to RCWs 35A.40.210, 35.23.352, and 39.04.155, as the same may be
later amended.
Sec. 3.70.130. Contract cost of $300,000 or less. For those
public works that would otherwise require advertised bids, but the
estimated cost of the complete work, including any applicable sales tax, is
three hundred thousand dollars ($300,000) or less, or the current
statutory limit provided for in RCW 39.04.155, the City need not comply
with formal sealed bidding procedures for the construction, building,
renovation, remodeling, alteration, repair, or improvement of real
33
property. Instead, the City may use the small works roster procedure for
public works as set forth in this Part 3. The splitting of any public work
into units or accomplishing any public work by phases is prohibited if it is
done for the purpose of avoiding the maximum dollar amount of a contract
that may be let using the small works roster process. The small works
roster process provided for in this Part 3 is an option available to City staff
at the discretion of the director. For any qualified public work, advertised
bids in accordance with KCC 3.70.090.13. may always be utilized.
Similarly, the small works roster process may also be utilized, at the
discretion of the director, in lieu of the process set forth in KCC
3.70.090.A. — KCC 3.70.090.C.
Sec. 3.70.140. Number of rosters. City staff may create a
single general small works roster, or may create multiple small works
rosters for different specialties or categories of anticipated work. Those
small works rosters may make distinctions between contractors based
upon different geographic areas served by the contractor. Should the City
not contract with another entity to establish and maintain the rosters as
provided for in KCC 3.70.170, City small works rosters will be maintained
by the Public Works Department's Contract Specialist, or such other
position as the City may administratively designate.
Sec. 3.70.150. Contractors listed on small works roster. A
small works roster shall consist of all responsible contractors who have
requested to be on the roster and, where required by law, are properly
licensed or registered to perform such work in this state. As may be
requested by City staff, contractors desiring to be placed on a roster must
keep current records of any applicable licenses, certifications,
registrations, bonding, insurance, or other appropriate matters on file with
the City as may be made a condition of being placed on a roster.
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Sec. 3.70.160. Publication. At least once a year, the City shall
publish a notice of the existence of the roster and solicit the names of
contractors for the roster. This solicitation shall be published in either the
City's designated official newspaper, or in another newspaper of general
circulation that the City determines is most likely to result in contractor
responses. Responsible contractors shall be added to the appropriate
roster at any time that they submit a written request and any necessary
records. The City may require master contracts to be signed that become
effective when a specific award is made using a small works roster.
Sec. 3.70.170. Electronic rosters. In addition to paper and/or
electronic rosters kept on file with the City, the City may also use the
state-wide electronic small works roster database developed and
maintained by MRSC, or the City may contract with another public agency
to maintain a shared small works roster that conforms to the requirements
of RCW 39.04.155.
Sec. 3.70.180. Telephone or written quotations. For those
public works projects where the small works roster is utilized, the City
shall obtain telephone, written, or electronic quotations for public works
projects from contractors on the appropriate small works roster to assure
that a competitive price is established and to award contracts to the
lowest responsible bidder, as defined in RCW 39.04.010 and RCW
39.04.350, as follows:
A. Content of invitation for bid/quote. Work awarded to a contractor
off of a small works roster need not be advertised. Invitations for
quotations shall include an estimate of the scope and nature of the work
to be performed as well as materials and equipment to be furnished.
However, detailed plans and specifications need not be included in the
invitation. This section does not eliminate other requirements for
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architectural, engineering, or land surveying approvals as to quality and
compliance with building codes, or any statutory bonding, retainage, and
prevailing wage provisions.
B. Number of required invitations.
1. All small works projects. If quotations are invited from less
than all contractors on the appropriate small works roster, at least five (5)
contractors from the roster who have indicated the capability of
performing the kind of work being contracted must be invited to submit a
bid or quote in a manner that will equitably distribute the opportunity
among the contractors on the appropriate roster. If there are less than
five (5) contractors on the appropriate small works roster, quotations
must be invited from all contractors.
a. For purposes of the small works roster, "equitably
distribute" means that the City may not favor certain contractors on the
appropriate small works roster over other contractors on the appropriate
small works roster who perform similar services. At the time bids are
solicited, the City representative shall not inform a contractor of the terms
or amount of any other contractor's bid for the same project.
2. Small works projects from $150,000 to $300,000. In
addition to the requirement of KCC 3.70.180.13.1. above, if the estimated
cost of the work is from one hundred fifty thousand dollars ($150,000) to
three hundred thousand dollars ($300,000) and the City invites bids or
quotes from less than all contractors on the appropriate roster, the City
must also notify the remaining contractors on the appropriate small works
roster that quotations on the work are being sought. The City has the sole
option of determining whether this notice is made to the remaining
contractors by:
a. Publishing notice in a legal newspaper in general
circulation in the area where the work is to be done;
b. Mailing a notice to these contractors; or
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C. Sending a notice to these contractors by facsimile or
other electronic means.
C. Response to invitation for bid/quote. Invited contractors who are
interested in the solicited work should respond within the time and by the
manner declared by the City in the invitation. Failure to timely or properly
respond may result in the contractor's bid being rejected.
D. Bid bond — Optional at director's discretion. A contractor's bid,
solicited under the small works roster process provided for in this Part 3,
need not include, at the discretion of the director, a bid bond as required
by RCW 35.23.352. All other bonding, retainage, and prevailing wage
provisions applicable to public works projects apply to contracts entered
into under the small works roster process.
E. Written record. The City shall maintain a written record of each
contractor's bid on the project and of any conditions imposed on the bid.
Immediately after an award is made, the bid quotations obtained shall be
recorded, open to public inspection, and available by telephone inquiry.
Nothing in this section is intended to supplant the City's duties and
obligations under the Public Records Act.
Sec. 3.70.190. Determining lowest responsible bidder. The
City shall award the contract for the public works project to the lowest
responsible bidder on the small works roster; provided that, whenever
there is a reason to believe that the lowest acceptable bid is not the best
price obtainable, all bids may be rejected and the City may call for new
bids under the small works roster. A responsible bidder will be a
contractor who meets the mandatory requirements of RCW 39.04.350(1)
and any supplemental bidder responsibility criteria established for the
project under RCW 39.04.350(2) and KCC 3.70.090.D.2, as amended.
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Sec. 3.70.200. Award. The City shall collect all bids or
quotations and consider them at the same time to determine the lowest
responsible bidder and determine which contractor, if any, should be
awarded the contract.
PART 4. CONTRACT EXECUTION - AUTHORIZATION
Sec. 3.70.210. Contract required and approval necessary.
After complying with the competitive bidding process provided for within
Part 2 or Part 3 of this chapter, all work or any purchase authorized with a
particular vendor, consultant, or contractor that cumulatively is expected
on a particular project to exceed an annual amount of twenty thousand
dollars ($20,000) must be in writing, and approved according to the
authority provided for within this Part 4. The thresholds provided in this
section are to be evaluated based upon the total cost of the purchase or
work, including applicable sales tax.
A. Contract log. The City Clerk will maintain a log of all new contracts
executed by the City and delivered to the City Clerk's Office in accordance
with KCC 3.70.050. Each department must confirm that all contracts are
routed to the City Clerk's Office. The operator of the Kent Special Events
Center (ShoWare Center) will also maintain a record of all contracts
entered into over $25,000 and report those contracts to the City Clerk.
The City Clerk will provide a quarterly report of all new contracts executed
by the City during the prior quarter that are greater than $25,000 and not
previously approved by Council.
B. Exception to contract requirement. If sufficient funds exist in the
approved budget, a written contract may not be required if: (1) another
agency's bid process was relied upon as authorized under KCC
3.70.110.F.; (2) contracts bid or negotiated by another agency allow the
City to receive under that contract on substantially the same terms; and
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(3) the City Attorney has determined the contract between the bidding
agency and the awarded contractor or vendor sufficiently protects the
interests of the City.
Sec. 3.70.220. Director approval. Directors may approve work
or purchases, and have signatory authority to execute any requisite
contract, for the following:
A. Contracts - $20,000 or less. All purchases or work authorized by a
director and valued at twenty thousand dollars ($20,000) or less should be
memorialized in a written contract. Any contract or procurement in the
amount of twenty thousand dollars ($20,000) or less, which can be paid
from the originating department's existing annual budget, may be
approved and signed by the director.
B. Change orders or contract amendments. The director is authorized
to approve and sign the following contract change orders or amendments:
1. Change orders or contract amendments that involve only an
extension of time for the contractor to perform.
2. Individual change orders or contract amendments that do not
exceed the original contract amount by more than twenty thousand dollars
($20,000), or cumulatively are within ten percent (10%) or sixty-five
thousand dollars ($65,000) of the original contract amount, whichever
amount is greater, if: sufficient funds remain in the approved project or
department budget to pay the change order or amendment amount.
C. Grant applications, award agreements, bequests, donations, or
other gifts - $25,000 or less. The director may approve and sign all grant
applications, unless the application itself requires otherwise. The director
may also accept any grant, bequest, donation, or other gift in the total
amount of twenty-five thousand dollars ($25,000) or less, and is
authorized to approve and sign all documents necessary to receive the
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grant, bequest, donation, or other gift. In determining the total grant,
bequest, donation, or gift amount for application of this section, the cost
of any matching funds and the cost of fulfilling all conditions placed on the
City's acceptance of the grant, bequest, donation, or gift must be included
in the calculation. In order for the director to have the authority granted
by this section, any matching funds required to obtain the grant, bequest,
donation, or gift must be available within the director's existing budget.
Upon the City's receipt of the grant, bequest, donation, or gift funds in the
total amount of twenty-five thousand dollars ($25,000) or less, the
Finance Director is authorized to amend the department director's budget
and authorize expenditure of the funds. The Finance Director may then
include these funds in the budget adjustment ordinance.
Sec. 3.70.230. Mayor approval. The Mayor has signatory
authority and may approve the following:
A. Contracts - $20,000 or more. All purchases or work valued at an
amount in excess of twenty thousand dollars ($20,000) must be
memorialized in a written contract and signed by the Mayor. Any contract
valued at an amount of sixty-five thousand dollars ($65,000) or less may
be signed by the Mayor without City Council approval if funds are available
within the existing budget to pay the associated contract costs.
B. Change orders or contract amendments. The Mayor is authorized to
approve and sign: (1) individual change orders or contract amendments
that do not exceed the original contract amount by more than sixty-five
thousand dollars ($65,000), or (2) cumulatively are within twenty percent
(20%) or one hundred thirty thousand dollars ($130,000) of the original
contract amount, whichever amount is greater, if sufficient funds remain
within the existing budget.
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C. Grant acceptance, award agreements, bequests, donations, or other
gifts. The Mayor is authorized to approve and sign any application
requesting grant funds for various City purposes if the grant application
requires. The Mayor may also accept any grant, bequest, donation, or
other gift in the amount of sixty-five thousand dollars ($65,000) or less,
and is authorized to sign all documents necessary to receive the grant,
bequest, donation, or other gift. In determining the total grant, bequest,
donation, or gift amount for application of this section, the cost of any
matching funds and the cost of fulfilling all conditions placed on the City's
acceptance of the grant, bequest, donation, or gift must be included in the
calculation. In order for the Mayor to have the authority granted by this
section, any matching funds required to obtain the grant, bequest,
donation, or gift must be available within the existing budget. Upon the
City's receipt of the grant, bequest, donation, or other gift funds in the
amount of sixty-five thousand dollars ($65,000) or less, the Finance
Director is authorized to amend the budget and authorize expenditure of
the funds. The Finance Director may then include these funds in the
budget adjustment ordinance.
D. Interlocal aareements. The Mayor may approve and sign any
agreement between the City and another public agency, including those
entered into under the Interlocal Cooperation Act, Chapter 39.34 RCW,
without Council approval, so long as any money that may be paid or
received by the City under the terms of the agreement, or any resources
dedicated by the City to the cooperative effort, does not exceed sixty-five
thousand dollars ($65,000), and any payment or dedicated resource
obligation under the agreement may be paid through the existing budget.
E. Real property interests. The Mayor is specifically authorized to do
the following:
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1. To acquire and convey right-of-ways and other property
interests by lease or purchase when the City Council has dedicated
sufficient funds for the lease or purchase within the existing annual budget
or project budget.
2. To enter into any lease or other agreement conveying an
interest in real property where the total annual amount paid or received
under the agreement, or the total annual fair market value of the real
property interest conferred, is twenty-five thousand dollars ($25,000) or
less. However, no authority delegated under this section shall authorize
approval of a lease or other agreement conveying an interest in real
property for a term greater than two (2) years, including all options to
renew, without express approval of the City Council. The Mayor, Chief
Administrative Officer, or appropriate department director will report to
the applicable Council committee or to the full Council, at least quarterly,
a record of any lease or other agreement entered into pursuant to this
subsection.
3. To accept land, appurtenances, and other real property
interests that are dedicated to the City as a condition of a private
developer's development permit or regulatory approval, or to release the
same as part of such development approval, subject to prior review and
approval by the City Attorney.
F. Surplus. Except for real property, or utility equipment and property
as provided for in RCW 35.94.040, as the same may be later amended, or
property that is sold to another governmental entity that is valued over
fifty thousand dollars ($50,000) as provided for in RCW 39.33.020, as the
same may be later amended, the Mayor, upon a director's
recommendation, is authorized to surplus equipment or property the
Mayor determines is surplus to the City's needs, and the Mayor may sell or
otherwise dispose of such surplused equipment or property for fair market
value or as otherwise allowed by law.
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G. Pass-through fee contracts. Service contracts entered into at no or
a nominal cost to the City, but that result in any associated fee or charge
being passed through to a party other than the City, such as an
agreement with a collection company, may be approved and signed by the
Mayor, subject to prior review by the City Attorney.
H. Emergency. If an emergency exists as provided for in KCC
3.70.110.13, the Mayor may sign all documents and take all actions
necessary to address the emergency. If Council approval would have
been required by KCC 3.70.240, the City Council shall be subsequently
notified, but formal ratification is not required.
Sec. 3.70.240. Council approval. Council authorization is
required before the Mayor is authorized to purchase or sign the items
identified below. Upon Council approval, all attachments and documents
pertinent to the authorized act are impliedly approved even if they are not
expressly stated or identified. Further, minor adjustments may be made
to any documents or additional action taken if such changes are consistent
with Council's approval and do not result in additional costs being paid by
the City in excess of the amounts provided in KCC 3.70.230.B., if those
additional costs are within established budgets.
A. Contracts — Over $65,000. All purchases or work valued at an
amount in excess of sixty-five thousand dollars ($65,000) must be
memorialized in a written contract. If a contract's estimated cost is over
sixty-five thousand dollars ($65,000), or if there are not sufficient funds in
the existing budget to pay the full contract amount, the City Council must
first authorize the contract before the Mayor may sign the contract to
make it effective and binding upon the City.
1. When the City Council has specifically considered and
approved a project with a line item in the budget that identifies: (a) the
43
contracting party, if known, (b) specific information as to the purchase or
scope of the contract, (c) the estimated total cost of the purchase or
contract, and (d) the term of the anticipated contract does not exceed two
(2) years, that budget line item allocation shall constitute Council
authorization for the purposes of this section if the actual cost does not
exceed the amount budgeted for that expense.
2. The City Council may delegate to a third-party procurement
authority on the City's behalf. If such a delegation is made, no further
Council approval is required. Any delegated procurement authority must
be exercised in accordance with KCC 3.70.110.G.
B. Change orders or contract amendments. All change orders or
amendments that exceed the Mayor's authority under KCC 3.70.230.B.
must be authorized by the City Council and signed by the Mayor before
becoming effective and binding upon the City.
C. Agreements for receipt of grants, bequests, donations, or other
gifts. If the City is awarded any grant, bequest, donation, or other gift in
excess of sixty-five thousand dollars ($65,000), the City Council first must
authorize acceptance of the funds and the Mayor's execution of any
resulting agreement.
D. Interlocal aareements. Any agreement between the City and
another public agency that involves the payment or receipt of money, or
the dedication of City resources, in excess of sixty-five thousand dollars
($65,000), including agreements entered into under the Interlocal
Cooperation Act of Chapter 39.34 RCW, or that involve a payment
obligation the City is unable to meet under the existing budget, must be
authorized by the City Council and signed by the Mayor before becoming
effective and binding upon the City.
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E. Real property interests. Except for the limited authority codified in
KCC 3.70.230.E, Council approval is required for all real property leases,
sales, or purchases that are not incidental to implementation of a prior
project or program approved by Council. Council approval is also required
before the Mayor may sign any lease or other agreement conveying an
interest in real property where the total annual rental value of the lease or
other real property interest conferred is more than twenty-five thousand
dollars ($25,000) or for a term greater than two (2) years, including all
options to renew.
SECTION 3, — Amendment to Public Works Contract Requirements.
Chapter 6.01 of the Kent City Code, entitled "Public Works Contract
Requirements," is amended as follows:
Chapter 6.01
PUBLIC WORKS CONTRACT REQUIREMENTS
Sec. 6.01.010. State law contract requirements. All public
works and improvements contracts entered into by the City shall be in
conformance with, and subject to, the following minimum provisions of the
Revised Code of Washington, which are not exclusive:
1. Chapter 39.04 RCW relating to public works.
2. RCWs 35A.40.210. ar 35.22.620, 35.23.352, and
39.04.155 relating to competitive bidding for public works, and purchases
of oa ods, materials, equipment, and supplies.
3. RCWs 9.18.120 and 9.18.150 relating to the suppression of
competitive bidding.
4. Chapter 60.28 RCW relating to liens for materials and labor
performed.
5. Chapter 39.08 RCW relating to contractor's bonds.
6. Chapters 39.12, 39.' 6, and ^'.^' RCW relating to prevailing
wages.
45
7. Chapter 49.12 RCW relating to hours of labor.
8. Chapter 51.12 RCW relating to worker's compensation.
93-G. Chapter 49.60 RCW relating to antidiscrimination in
employment.
1014. Chapter 39.2839.24 RCW relating to emergency public works.
B. The SUFety bond shall have as a SLIFety two (2) OF nq0Fe good and
sufficient PFivate paFt+es OF one (1) SUrety cen9pany. Such bona shall be
and the payngent of a" labOFeFS, n9echanies,conditioned upon the faithful peFfOffigance by the centFaCtOF of a" centFact
n9ateFialngeni
and a" etheFS who supply the centFact OF with any n9ateFial
G. The SUFety bond shall be equal to at least one hundFed (100)
peFeent of the centFact PFice and shall Fun to the City and be filed with the
.icy--crcrE.
Sec. 6.01.020. Contracting and Procurement Process. All
public works and improvement contracts entered into by the City shall also
be in conformance with and subiect to the contracting and procurement
process provided for in Chapter 3.70 of the Kent City Code, unless
otherwise provided.
SECTION 5. — Repeal Ordinance No. 2961. By its adoption of this
ordinance, the City Council incorporates the provisions of Ordinance No.
2961, originally adopted by Council on January 15, 1991. Therefore, upon
46
the effective date of this ordinance, Ordinance No. 2961 is hereby repealed
in its entirety.
SECTION 6, — Repeal of Resolution No. 1560. By its adoption of
this ordinance, the City Council incorporates the provisions of Resolution
No. 1560, originally adopted by Council on January 4, 2000. Therefore,
upon the effective date of this ordinance, Resolution No. 1560 is hereby
repealed in its entirety. Any act consistent with and prior to the effective
date of the repeal of Resolution No. 1560 is hereby ratified and affirmed.
SECTION 7, — Savings. The existing Chapter 3.70 of the Kent City
Code, Ordinance No. 2961, and Resolution No. 1560, which are repealed
and replaced by this ordinance, shall remain in full force and effect until
the effective date of this ordinance.
SECTION S. — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 9, — Severability. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 10. — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
47
ATTEST:
RONALD MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12015.
APPROVED: day of 12015.
PUBLISHED: day of 12015.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD MOORE, CITY CLERK
FpOvli\0r,nznre\FmwremenmaLeOrd,nzn®-FINAL TO COMMITTEE do-