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Home My WebLink AboutCity Council Meeting - Council - Minutes - 03/03/2015 KENT W� Kent City Council Meeting Minutes March 3, 2015 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Berrios, Fincher, Higgins, Ralph, and Ranniger. Councilmembers Boyce and Thomas were excused. CHANGES TO THE AGENDA A. From Council, Administration, and Staff. Council President Ralph added item L to the Consent Calendar, an excused absence for Councilmember Thomas. Chief Administrative Officer Derek Matheson removed item 11, Executive Session. PUBLIC COMMUNICATIONS A. Public Recognition. None. B. Employee of the Month. Mayor Cooke announced that Levin Conway was the March 2015 Employee of the Month for the City of Kent. She congratulated him on his being selected by his peers for this award. C. Community Events. Council President Ralph announced that the Kent Kids Arts Day event will take place on Saturday at Kent Commons from 10 am - 4 pm. D. Economic and Community Development Report. Ben Wolters, Economic and Development Director updated the Council and the public on several positive happenings in the City concerning economic development. He noted that the City is competing for the Federal Aviation Administration Headquarters proposal and the location will be announced on March 30. Wolters replied to Councilmember Higgins' inquiry and stated that there are four competitors left in this process, to include the City of Kent. Wolters continued and discussed Sound Transit, which will be a huge decision for this community in the next 18 months. He noted that the environmental impact statement (EIS) is due in March and alignment and station selection should be completed by late 2016, Wolters revealed that the Maralco site is the #1 priority in Kent by objective criteria. He noted that the site is moving towards clean-up, re-use, and tax revenue and there will be an update on this property in May. He stated that on April 16 and 17 the 2015 Unmanned System Spring Forum Trade Show and Evening Networking Event will take place at CenterPointe. Wolters highlighted the unmanned aerial vehicle (UAV) technology that is going on in Kent and that the City has the 2nd largest concentration of aerial technology companies in the United States. He also revealed that Green River College has the world's first unmanned aerial software degree program. Wolters discussed the firm Sodo MakerSpace which is interested and having preliminary discussions to utilize some space in Kent for their operations. He further highlighted what the role of City 1 CITY OF KENT LAW DEPARTMENT CIVIL DIVISION 220 4"'Avenue South ! Kent, WA 98032 KEN T Fax: 253-856-6770 WA5HINGTON Meo PHONE: 253-856-5770 To: Kent City Council From: Tammy White, Assistant City Attorney Through: Tom Brubaker, City Attorney Date: February 27, 2015 Re: Procurement & Contracting Ordinance - Draft Attached for your review and consideration in advance of the March 3'd Council Workshop is the Law Department's suggested draft ordinance amending Kent's procurement and contracting provisions. The following attachments are included within this packet: • A one-page summary that highlights the primary changes proposed by the draft ordinance; • A detailed comparison between the existing provisions and the proposed provisions included within the draft ordinance; • A comparison of the procurement and contracting authorization levels established by the cities of Auburn, Bellevue, Everett, Federal Way, Kirkland, Renton, and Vancouver; and • Draft ordinance proposed by the Law Department. At the March 3''j Workshop, the Law Department will be present to answer questions concerning the proposed ordinance or any statutory requirements that apply to purchases and public works. A& K � a- � � ► � All contracting aspects are addressed ✓ Is a contract needed?+ 'J in detail: ✓ Is the contract signed by the rz , ✓ Who may authorize the purchase of director or the Mayor? a good, service, or public work? ✓ When is Council approval required r ✓ What process must be followed before the contract may be signed? before staff can get the good, service or public work? Pu6cba.te y,`Public s Distinguishes between two basic"buckets" - Purchases v. Public Works g-d Letts � � ; Bid limit for purchases has not been adjusted in 20+ years (adopted in 1994) Accts[ ntfor-,Cairrei J,4arket" PURCHASES PUBLIC WORKS ✓ Telephone bids: increases range to ✓ Makes consistent with state law $20,000-$35,000 (now $10,000- ✓ Director discretion: < $40,000 / $25,000) $65,000 ✓ Written bids: increases range to ✓ Advertised bids: required > $35,000-$65,000 (now $25,000- $40,000 / $65,000 $50,000) ✓ Advertised bids: increase threshold OTHERS ADDED to over $65,000 (now required at ✓ Adds interlocal agreements, grants so 000 & gifts, pass-through fee contracts Small 1Nflrks RosEer Pubilc; Creates Option for Small Works Roster for Public Works Projects <- $300,000 Alorks ✓ List (roster) of contractors who ✓ May invite all contractors, but at meet requirements and ask to be least 5 from roster must be invited, on roster to submit a bid for a public work ✓ Publish notice of roster's existence ✓ Contractor quotes obtained by at least once a year telephone, written, or electronic ✓ Roster maintained by Kent or means others ✓ City maintains written record of all ✓ Must equitably distribute work quotes received Increases Authoi= Levels DIRECTOR MAYOR ✓ Contracts: Increase to $20,000 (now ✓ Contracts: Increase to $65,000 (now at$10,000) at$25,000 for purchases/$35,000 for public ✓ Change Order: If sufficient funds in works) dept budget, then director may ✓ Change Order: If sufficient funds in authorize if City budget, then Mayor may r o Each change order is <_ $15,000 authorize if o Each change order is of original contract amount (now <_ $65,000 at$10,000) of original contract amount (now, none stated) o Cumulative limit on change o Cumulative limit on change orders remains same (now at <_ order is <_ 20% or $130 000 of 10%or$65,000 of original contract original contract amount now, amount, whichever amount greater) f none stated) ✓ Grants: Adds Director may accept if ✓ Grants: Adds Mayor may accept if K3' <_ $25,000 (now, none stated) < $65,000 (now, none stated) ✓ Interlocals: Adds Mayor may authorize if <— $65,000 ✓ Real Property Interests: (i) Codifies Res. 1560, (ii) clarifies Mayor may also release some land interests, (iii) adds may sign lease if <- $65,000. 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AN ORDINANCE of the City Councii%of P City of Kent, Washington, amending Chapters 336 and 6.01 of the Kent City Code to revise"the City's contracting and procurement procedures, repealing Ordinance No. 2961 an& solution No. 1560 upon the effective date`o'f this ordinance because the substance of those Iegiskfve acts is incorporated into this ordidtf,te,�dnd`establishing a small works roster process,( ` eligible public works projects. .. RECITALS A. "" Ic L NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 1 Contracting& Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 16 SECTION 1. - Reveal Existing Procurement Provisions. Chapter 3.70 of the Kent City Code, entitled "Procurement Contracts," is repealed in its entirety. SECTION 2. - Enact New Contracting and Procurement Provisions. The Kent City Code is amended to add a new chapter, Chapter 3.70 of the Kent City Code, entitled"Public Contracting and Procurement, a flows: CHAPTER 3.70 / PUBLIC CONTRACTING AND PROCUREMENT PART 1. GENERALLY , h Sec. 3.70.010. Purpose. It is thetirpose of this chapter to outline the procedures for the purchase`.and arm` uisition of goods, materials, equipment, and services, and the performance of public works and improvement contracts in orderzto maintain an accountable public contracting and procurement pr ss�and to provide other general contracting procedures. It is also the"' pose of this chapter to allow for the flexible application f"th e procedures for more efficient and cost 3,. effective procuremen ndcontracting where strict application would not be in the City's best interest. 'Ni� t" .. Sec 3.70. Applicability. City procurements and contracts must be'_valuated through a two-step process. The first step is to determine at, competitive bidding requirements, if any, are required un'$er 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 2 Contracting& Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 17 change order to that contract must be in writing and evaluated under Part 4. 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. 4 stl h A. Contract shall mean a formal written contract, pij 6hase Order, lease, verbal agreement, or cash or credit purchase1from a Ao' lesaler, retailer, dealer, vendor, consultant, contractor, ar other similar transaction. Grants, bequests, and other donations or gifts that generate revenue or that represent or are conditioned `©n theiedge, use, or other impairment of a City asset or dedication5of City'�A-sources are also contacts ems... and are subject to the specific provisions ©f is chapter. Purchases or work shall not be split into smaller,'sg contracts to avoid either the competitive bidding or authrloqzation requirements set forth in this chapter. B. Director shall a"ny dnector of a City of Kent department and shall include the Position of,Chief Administrative Officer. C. Public work mall"have the same meaning as provided in RCW 39.04.01,6Qrt as"the sine may later be amended. Generally, a public work is any wgrk,��fconstruction, alteration, repair, or improvement to a public ,. facility that is performed at the City's expense, other than ordinary mainten c. This definition applies to all City departments, not just the f, City's public works department. Ordinary maintenance when performed by contract, while not a public work, may be subject to prevailing wages. 3 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 18 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 "director" or the "Mayor," that reference is intended to re�er_ the employee who holds that title or his or her designee. % ;. Sec. 3.70.050. Contracts maintained br the ci1W clerk's fe office. Staff shall forward to the City Clerks 0 c ,an%priginal, or a complete copy if an original cannot be obtainie "f all contracts, change orders, or amendments entered into under 'this cpter, whether those contracts are signed by a director or the; Mayor, to be maintained in accordance with the records re tentt8n'F'§chedule applicable to the City and its records. Nkk All PART-1— Cf):. MPETITIVE BIDDING Sec. 3.70 061L- Applicability of competitive bidding Vt provisions. BefQcthe City purchases any goods, materials, equipment, or services, or a� aA ftl for the � g s performance of any public work, the competitive b'ii idingtprocess established in this Part 2 must be reviewed and satisfr�e'bzsed upon the total cost of the goods, materials, eq, men or`, ervices to be purchased or any work performed, including any applicle 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. 4 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 19 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. Sec. 3.70.070. Architectural, landscape architectural, engineering, and land surveyor services. Chaf-p 9.80- RCW establishes a process through which governmental gendes 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 t °'comply with these statutory requirements: f k A. Applicability. This section al[ L.aapply to architects, landscape architects, engineers, and lar'dsurveyt `performing activities within the /" scope of the general dell f rtioro;pf professional practice in Chapter 18.08 RCW (architects), Chap r 8.43 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 landscaMarrtrtectura/ engineering and land surveying services. 1 f The City must publish or otherwise announce to the general public sae 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 5 Contracting& Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 20 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 longps those consultants have submitted all required statements of qualifications, and performance data. Z. The public notice the City provides under`XCC'' JO.070.13 'hfmust comply with Chapter 39.80 RCW and containeolloringXminimum information: a. The general scope and nature A®f ire tproject or work; and aR afi b. An address of the ACi representative who can provide further details of the project or work,,, Nv £ 3. In addition, t 'City '` elect to contract with other agencies, including Muni I It search and Services Center ("MRSC'�, and utilize rosters developed_ and maintained by them to carry out the requirements of this sectr�n,and Chapter 39.80 RCW. C. Contract negotiations. City staff must first determine which architectar engineer is most qualified, based on the City's criteria, to prov", e services needed. Once an architect or engineer is selected, A C* rpay negotiate the cost of those services at a price the City deteriiiirQs 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 6 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 21 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. r_ A. Purchases of$20,000 or less - Director discre Fbf purZases where the estimated cost is twenty thousand dollars, 00) or less, the 13 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 be pri vailable under the � r circumstances, acting not only under existing market conditions, but also as a cautious steward of City resources: =" B. Purchases greater thaw'$70,OOb but $35 000 or less - Telephone bids or puotations. Fourc�iases where the estimated cost is greater than twenty thousand dollars ($ZD,000), but thirty-five thousand dollars ($35,000) or less, the director shall attempt to solicit and document at least three (3) t ept or quotations for the purchase. Bids or quotations r*�mived,by email, facsimile, regular mail, or personal delivery are also ',acpe able in lieu of telephone bids. For regularly made ure aces a`flst of comparable bids or quotations may be maintained and P F +` P q Y updated annually, and purchases can be made from that list without solicit ng`"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 ouotations. For purchases where the estimated cost exceeds thirty-five 7 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 22 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 regularly made purchases, a list of comparable bids or quotations may be maintained and updated annually, and purses can be made from that list without soliciting bids or quotations, cr1;each purchase. The provisions of KCC 3.70.080.D for advertise ids, o{'KCC ,a 3.70.080.E for requests for proposals, may be e& in heu of the previsions of this section. � D. Purchases greater than $65,000 — Advttised bids For purchases where the estimated cost exceeds sixty;7 e thous d dollars ($65,000), the City shall publish notice calling for sealed bAds at least one (1) time, and at least seven calendar (7) day$ pride to `he last date upon which bids will be received, or such other-yeas n'tible time as the director may deem appropriate under the circufnnces. Publication of this notice may be in any manner determined by thety most likely to provide notice to the contracting community at will result in the City's receipt of responsive bids, including wIftiout limi ation, a newspaper of general circulation, a trade publication orwveb"ite, a posting on the City's website, or a posting on another agency,"or service provider's website. The notice shall genera11V,4� take the nature of the contemplated purchase, including a desacription`,, r specifications, and it may require that the bids be sealed and fi4ed,awith 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. 8 Contracting& Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 23 E. Purchases oreater than 165,000 - Reauest 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. .. e. 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 workskleoster provided for in Part 3 is not utilized. The thresholds provided this°sectktri are to be evaluated based upon the complete public work, intludi.g the total cost for all materials, supplies, equipment, and,[ . the public work is for street g signalization or street lights it is - ted as a single craft or trade project for competitive bidd purposes. A. Public work of-AV,®00/$65 000 or less - Director discretion. For a ;; public work where-,- a complete project involves only one craft or trade and the cost is e at fortythousand dollars ($40,000) or less, or involves taco eE,than done craft or trade and the cost is estimated at sixty- five thousaiid M ars ($65,000) or less, the director shall determine what nm coetitive binding process the department will utilize, if any, with direct negotSatioraEbeing 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 oreater than $40 000 for single craft or trade or greater than $65 000 for more than one craft or trade -Advertised bids. 9 Contracting A Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 24 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 iaeevvspaper of general circulation that the City determines is most"1lcely to-bring responsive bids. The notice shall: (1) generally state the na iire of the contemplated public work, (2) state that a descOption, plans, and specifications will be on file with the City, and�I)£state' hat the bids are required to be sealed and filed with the City Clef "within the time for submittal specified in the notice. The``City all, n its sole discretion, award the contract to the lowest responsive aid responsible bidder, may waive any informalities in the bids receivednd/or may reject any or all bids. 2. Responsibie.btdd rdetermination. For bid awards on a public .." work subject to the,13,rovisions of Chapter 39.04 RCW, and subject to Fy available funding, the City�nay award the bid to the lowest responsive and responsible bidderr ittevaivating lowest responsible bidder qualifications, the City sha#snot only evaluate the responsibility requirements provided within R' 39.: 350, as the same may be later amended, but also all a. other sup eriintal responsibility criteria that the originating department direr 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 10 Contracting A Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 25 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, judgme""" experience, and efficiency; C. Ability to perform the work withuii It time specified; d. Quality of performance of ppus work or services; e. Previous and existing compliancy with laws relating to the work or services; f. Access to suffiicierttqtools iankl equipment to perform the work, and the expertise to operate tie toes and equipment; g. Total bored'caps i ` h. Bidders coftduct under previous contracts; i. Q-4 ity,qf worvpreviously performed by bidder; j Referehces from other public and private entities that have hired the bidet&Ao- a orm work; or 1c Other information as may be secured having a bearing ."gin on the deci onao"jaw rd the work. Ftowein verr as provided for in RCW 39.04.350 as amended all supp men I criteria that may be considered, including the basis for evaluatfn 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. 11 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 26 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 3.70.090.13 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 Ay Sec. 3.70.100. Local business preference. A. Findings and intent. The City of Kent anntlllll upends significant amounts on purchasing personal property, erials,Viand contractual services as part of its ongoing operation and`fnana [went of the City and its infrastructure. The money used in qoar►g�procrements of goods and services is derived, in large part, taxesi'lbes, and utility revenues derived from local businesses and lkal residents, many of whom work for these local businesses. The,.Jrity CountflIfinds that funds expended by the /max pos Je and as allowed by law, be placed back City should, to the extent in the City to support als local economy. B. Local busi6�!ss defied. The term local business means any n cor oratio artnershi `� sole P � p r p, proprietor, limited liability company, or other busesg'entit '''that has a City of Kent business license, maintains a physicalusiiiess address within the City's corporate limits in an area zoned or otherwise approved under the Kent City Code for the operation of 8u that b ness, 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. 12 Contracting& Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 27 ..........._........ . 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 busin '`,offers functionally equivalent products for the goods or servicesught,b}i the City (i.e., one hundred (100) watt incandescent light bulb vs. a " functionally equivalent fluorescent or LED list bulbp, thoughtful consideration should be given to purchasing the produthat is offered by a local business. When selecting a business in response to a request for proposal, or when selecting a business at-proyideg consulting services or other services that provide uniqueiexpertise, 'thoughtful consideration should be given to selecting a local b sides that can provide those products or services. Hower;the pFefie ence established in this section shall not prohibit the ablijty`I'o compare quality or fitness for use of supplies, materials, equipment, or services proposed for procurement and shall not prohibit the b#ty to select the best business when comparing the qualifications character, responsibility, or fitness of the businesses under consideration- D. Wr4tt6h,record required when nonlocal business selected. Whenever C�tystaff decide to procure goods or services valued at an amount greater than five unfired"cipllars"($500),from - - - a nonlocal business-when- cmMMMt.�W11.:s "6.ftQ,, -- - ------- ------- ---- �==case g ssotx�� business was also under consideration for that procurement, the manager in charge of making that procurement shall provide an explanation in a suitable format, electronic or otherwise, which will be retained. 13 Contracting&Procurement Process—Amend Chapters 3.70 and 6.01 of the Kent City Code 2s C y E. Exceptions to local business preference. The procurement r 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 applicatioi'` this .. local business preference. 3. Procurements or contracts identified iq, KCC 3.%;110 for which competitive bidding does not apply. °. 4. Procurements or contracts made under emergency situations. 5. Procurements made by a thud-patty:= under purchasing authoritydelegated to the third-party � £ 9 p rty bytes contract`approved by the City Council. ��4 Sec. 3.70.110' ceP1.n to competitive bidding requirements. The compe 've bidding requirements set forth in KCC ;- 3.70.080 and KCC 3 7®.'040 shalt aot apply to those instances set forth in this section. Nothing Ti this section can act to waive the authorization requirements estabiisbed ii"IPart 4 of this chapter, KCC 3.70.210 through 3.70.240. A. purchases. The Mayor may waive the bidding requirements for the purchase of goods, materials, equipment, or services that ale 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 14 Contracting A Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 29 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 Lhe Mayor shall be maintained with the contract on file with the City Clerk!5'Ofifice in accordance with KCC 3.70.050. B. Waiver in emergency. When any emergent including a public work emergency, requires the immediate execution otany contract, or authorization of any purchase, work, or chanige ordiBr or amendment to an existing contract, the Mayor shall have1he mower`, o waive competitive bidding requirements and award all contracts-'hecessary to address the emergency situation. E 1. Emergency deFned An`emergency, as that term is used in this section, shall have ` 'e. same meaning as provided in RCW 39.04.280(3), as the sae ma tijlater amended. 2. Emergency- Glared. If the competitive bidding requirements of this chapter are�aaived ue to an emergency, the Mayor shall issue a written findlnwg of a existence of an emergency. This written finding, "4' along w ,,the res6lting contract, shall be on file with the City Clerk's Office O available for public inspection no later than two (2) weeks after th�&r�contract is awarded. If an emergency procurement or contract excee k �s.,,,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, 15 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 30 ...................... 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 �rc apply; 1. Licensed consultants - Consultants whose pj-atke is ce;tified or licensed by the state Department of Licensing, othe6x state-.,board, or 40 similar agency, including without limitation, real Testate appraisers and brokers, attorneys, and accountants. This exception, however, does not apply to consultants who perform architectural,Zineenng, and land asurveying services, which are subject toe�pr isiof KCC 3.70.070. 2. Health care and investment conrct�s - Contracts entered into by the City to provide employee f3ealt Ica ey insurance coverage, or to provide employee investmen services 3. Administratio►, serices for liability claims and workers' compensation claimsE C' tracts""entered into by the City for insurance brokerage services, thir6�arty administrator services for liability claims, and third-party ad[nirjisUxitor services for workers'compensation claims. 4. ,�,,Arofessional training and employee recruitment - Contracts f4 entered"irro by ,tt�e City to provide professional development or other traiotng"tp: itjr<�mployees, volunteers, or elected officials, or to recruit for highilevel pt specialized employee positions. d 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, 16 Contracting& Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 31 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 cultLOI%vent, including without limitation support services provided'," by E 9 and technicians, caterers, or other similar trades, are not required o oHow the W competitive bidding requirements provided for in I0&C 3 70080, but may be entered into through direct negotiations witft6,, city. y E. Interlocal agreements. The I�iddsng%pro ` ures for purchases established under this chapter need not dppl)�to interlocal agreements with another public agency or agencies foroint or cooperative action. Interlocal agreements should howeVbG, include the minimum standards provided for in Chapter 3944W. F. Use of another yObl 'agency's bidding procedures. The competitive bidding procedures estabrRoed in this chapter shall not apply to purchases made from a contrad6frT or vendor who was awarded a contract using another pit'iiniE agency's established procurement process for substantially the same pi»iichase. The City's reliance on the other public agency's press smell 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. 17 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 32 t c on F z 2. Interlocal agreement recommended. The City and the . public � s 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, that contract still-`must be authorized in accordance with Part 4 of this chapter. G. Delegated purchasing authority. 1. Purchases. Purchases made bythil-party under purchasing authority delegated to it through a Icontracis approved by the City Council are not required to folloiv tha competitive bidding requirements provided for in KCC 3,70 080. x)ks ar'•example, this waiver would apply to an operator the City has enter6d into a contract with to operate and maintain a public facility. aldef his waiver, if the operator's contract provided the operator was _purchase all paper or catering supplies, that pp purchase 0o61d not be subject to the competitive bid process set forth in KCC'3 70.080. 2. Public words While Council may delegate in a contract the authority for a third-party`` procure a public work, the third-party shall comply with,any required competitive bid process applicable to the City for the public work. H. Passthr ugh grant agreements. Contracts the City enters into with corn ity=based social and human service providers, including sub- recipien 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 18 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 33 ............................ with any competitive process required under federal or state law as a condition of the grant. I. Pass-through fee contracts - No financial impact to Citv. 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 any, need not comply with the competitive bidding requirementsrovided for in KCC 3.70.080 and may be entered into through direct negotattiio sf with the City. J. Community service organizations. TheCity Urnay enter into contracts with community service organizations ivl out regard to the bidding requirements provided for in i Ch3.70 080. If the community service organization will perform arpublic vi-k or improvement project, the value of the community service�rganization's contribution will not be included within the public vk's bidding threshold under KCC 3.70.090 only if the requirements'-of RCUII 35.21.278, as the same may be later amended, are met, including: 1. The rganiza' io is a chamber of commerce; a service organization; a community, youth, or athletic association; or other similar association lo''6ted grad providing service in the immediate neighborhood; 2 «,The fork the organization will g perform involves drawing design pia Os, making improvements to a park or public square, installing equipr�aent�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 19 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 34 4. All payments made by the City to qualifying service organizations in any one year under this competitive bid exception does 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 %.of its agencies, or by the State of Washington and any of its p ttical subdivisions, without being subject to the bidding re gi iremts of this chapter. L. Recycled products. Nothing in this chap et r'shall prohibit the City from preferentially purchasing products made'If cled materials or products that may be recycled or reused,pursuit toChapter 3.80 KCC or Chapter 43.19A RCW. PART 3 ALL WORKS ROSTER Sec. 3.70120 Smell 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 ttie"'award and construction of small public works projects Wifhir;the City of Kent. Toward that end, this Part 3 authorizes staff to establish small works roster procedure for public works pursuant to . CWs SAN4b.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 20 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 35 � w y s, f with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair, or improvement of real 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 09"orks 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.B. may a"9ways be utilized. Similarly, the small works roster process may also be utilized, at the discretion of the director, in lieu of the ,proc6ss.'- 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 rasters 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 _.- comnient[ttw2]:RCW3904155(2)(a) not contract with :another entity to establish and maintain the rosters as hwould likely be bet to have a„ep—nn maintain ' the rasters,otherwise,.I can see eachdepartment provided fordn KCC 3,70.170, City small works rosters will be maintained (and possibly each division c thin adepartment) -"' maintaining its own rosters:I don't Runk the RCW s _ would prohibit each d ' by the # blic Works Department's Contract Specialist or such other epa Hart fiam man�amgris A ' ,,own roster,but I can just see some confusion arising,_r if a contractor makes a claim that it was placed on positions the City may administratively designate. thewron'-� g roster and therefore denied eligibility opportunity. Seca 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, 21 Contracting& Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 36 k 5 registrations, bonding, insurance, or other appropriate matters on file with the City as may be made a condition of being placed on a roster. ; 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 f 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 requ4tta4 any necessary records. The City may require master contracts to be s,�ne.d that become effective when a specific award is made using-,a small works roster. ysa'� Sec. 3.70.170. Electronic rostenk In a d tion to paper and/or electronic rosters kept on file with t '1110 the City may also use the state-wide electronic small .work roSte database developed and maintained by MRSC, or thp<6ty may contract with another public agency to maintain a shared small works roster that conforms to the requirements of RCW 39.04.155. A Sec. 3.70.180. Telephone or written quotations. For those public works proje[ s where the small works roster is utilized, the City shall obtain telepbone, written, or electronic quotations for public works pro�}ectsx from contractors on the appropriate small works roster to assure that{,2k corbpetitive price is established and to award contracts to the lowest`�4esponsible 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 22 Contracting& Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 37 1 x r� 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 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 proiects. If quotations are44nvited from less AIL than all contractors on the appropriate small works pis-er,"at least five (5) contractors from the roster who have indJ�ated the �"capability of performing the kind of work being contracted,. gnus be invited to submit a bid or quote in a manner that will equitably'dist Iute 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 coMs tors. <= a. For pu of the small works roster, "equitably distribute" means thatAhe City ItT y not favor certain contractors on the appropriate small works,"",:foster 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 oroiects from $150 000 to $300 000. In aditidon to the requirement of KCC 3.70.180.B.1. above, if the estimated cost ofAbe 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 23 Contracting& Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 38 Y y 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 C. Sending a notice to these contractors by facsimile or other electronic means. fl C. Response to invitation for bid/quote. Invited contrac6rs 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.` iA 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 RCW 35.23.352 All ottaer bonding, retainage, and prevailing wage tomrnenrjlLVV3]:g�idbonduo iv ...... --- specifically called out under the adverb-,od bid provisions applicable to public Works projects apply to contracts entered provision ofRCW3s13:352 Thereisuotas,m,iar 1 " provision required under the small works roster I into under the small works'roster'process. pros is RCW 3904155.However,I thought there may still be times when via want bidders to 1 severe their bid amounts with a bond Therefore 1 E. provided flezibdity for the Direct-or rnMn to j Written record The City shall maintain a written record of each make that detemnrr�on contractor's-bid on the project and of any conditions imposed on the bid. Immediately�fter, an award is made, the bid quotations obtained shall be recorded;=pp60-to public inspection, and available by telephone inquiry. Nothing in?, this section is intended to supplant the City's duties and obligaticsris 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 24 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 39 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. 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 k hould be awarded the contract. ;c PART 4. CONTRACT EXECUTION AL&H0RIZATION Sec. 3.70.210. Contract required sand approval necessary. After complying with the competitive biddii qg pr?ocess provided for within Part 2 or Part 3 of this chapter, all work'ar arry purchase authorized with a particular vendor, consultant,�or contractor that cumulatively is expected on a particular project to 46xceed an annual amount of twenty thousand dollars ($20,000) must be in vV iting, and approved according to the authority provided for Whin this Part 4. The thresholds provided in this section are to be=' vll ua ed`-based upon the total cost of the purchase or work, including apicable sales tax. Sec 3 70220. Director approval. Directors may approve work or , urchas,z"and have signatory authority to execute any requisite contract, f r 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 25 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 40 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. 5"' 2. Individual change orders or contract amendments that do not exceed the original contract amount by more than twenty thosand dollars ($20,000), or cumulatively are within ten perce.Rf_"t104) or'sixty-five Q_ thousand dollars ($65,000) of the original contract amount, whichever 'R;, amount is greater, if: sufficient funds remain in the pproved project or lop department budget to pay the change order.or`-�Ime4dment amount. C. Grant applications award aareernenr=s !bequests donations, or other gifts - S25.000 or less. The dfitector may approve and sign all grant applications, unless the apf tion itself requires otherwise. The director may also accept any gr64, bequest, donation, or other gift in the total PIK amount of twenty-fiv, Aousand dollars ($25,000) or less, and is authorized to approve a6l�sign all documents necessary to receive the grant, bequest, dnor o-O';"`or other gift. In determining the total grant, - :� V bequest, d6n�kion, or gift amount for application of this section, the cost 4 of anY,matcngff9nds and the cost of fulfilling all conditions placed on the Gigs accdptaA 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 26 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 41 - "n T and authorize expenditure of the funds. The Finance Director may then include these funds in the budget adjustment ordinance. K 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 iffunds are available within the existing budget to pay the associated contract costs. B. Chanoe orders or contract amendments, The'Mayor is authorized to approve and sign: (1) individual chaq a orcie'rsk'"or contract amendments that do not exceed the original coact aunt by more than sixty-five thousand dollars ($65,000), r (2) cumulatively are within twenty percent 20% or one hundred th( ) lt�ousand dollars ($130,000) of the original contract amount, whichever amount is greater, if sufficient funds remain within the existing budgeh. C. Grant acce ce award ac7reements, be uests donations or other gifts. The ftor authorized to approve and sign any application requestling�grant funds for various City purposes if the grant application requires 'The Mayor may also accept any grant, bequest, donation, or other -,,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 27 Contracting& Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 42 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 fundg the budget adjustment ordinance. D. Interlocal agreements. The Mayor may a ptpvet�and sign any agreement between the City and another pubic,agency, including those entered into under the Interlocal Cooperation Act Chapter 39.34 RCW, y x- without Council approval, so long as money at may be paid or received by the City under the terms of the agreement, or any resources dedicated by the City to the coope tive eff , does not exceed sixty-five thousand dollars ($65,000), "Ind at y payment or dedicated resource obligation under the agreeme may be paid through the existing budget. E. Real orooerty f The Mayor is specifically authorized to do the following 1. To agquet� and convey right-of-ways and other property interests yease\or purchase when the City Council has dedicated sufficient f s%Kike lease or purchase within the existing annual budget or,project udget. ;v To enter into all lease agreements where the City is the lessor, if the total annual rent to be paid under the lease agreement or the total annual fair market value of the leasehold conferred is sixty-five thousand dollars ($65,000) or less. 3. To accept land, appurtenances, and other real property interests that are dedicated to the City as a condition of a private 28 Contracting A Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 43 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 V91,Wd 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 i Ny ,,_ recommendation, is authorized to surplus equipniOt or profperty the Mayor determines is surplus to the City's needs, ; nd the Mayor may sell or otherwise dispose of such surplused equipment or property for fair market value or as otherwise allowed by law. G. Pass-through fee contracts. gerice contracts entered into at no or a nominal cost to the City, but that tsulvin any associated fee or charge being passed through to Aa party other than the City, such as an agreement with a collecCom company, may be approved and signed by the. Mayor, subject to prid4v4w by the City Attorney. H. Emergency of " Tf an emergency exists as provided for in KCC 3.70.110.13 e Mayor may sign all documents and take all actions necessa ddress the emergency. If Council approval would have been re t�rea'�-by KCC 3.70.240, the City Council shall be subsequently noel, 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 29 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 44 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 A', amount in excess of sixty-five thousand dollars ($65,000),`r,Est be memorialized in a written contract. If a contract's estimatd cost is, ver sixty-five thousand dollars ($65,000), or if there are not sufficient funds in the existing budget to pay the full contract amount;"=A. City( Council must first authorize the contract before the Mayor ,may sign the contract to r make it effective and binding upon the City. : 1. When the City Council Pas specifi lly considered and approved a project with a line item in the budget that identifies: (a) the contracting party, if known, (b) spkifi&linfo ation as to the purchase or scope of the contract, (c) thy...estimi,ted total cost of the purchase or contract, and (d) the term.,pf-*,e anticipated contract does not exceed two (2) years, that budget line item allocation shall constitute Council authorization for the proses of this section if the actual cost does not exceed the amount-budgefei9 for that expense. 2. The City Council may delegate to a third-party procurement authorityn ije City's behalf. If such a delegation is made, no further Counctf pr a_I is required. Any delegated procurement authority must be exerciisse i 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. 30 Contracting& Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 45 C. Agreements for receiot 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 agreements. Any agreement between the, Qty and another public agency that involves the payment or receipt of money, or the dedication of City resources, in excess of sixty-five" housnd dollars ($65,000), including agreements entered into under the 'Interlocal Cooperation Act of Chapter 39.34 RCW, or,�-iat involve a payment obligation the City ty is unable to meet under'the e4sting%=budget, must be authorized by the City Council and signed-by"`the or before becoming effective and binding upon the City. E. Real property interests. Except for the limited authority codified in KCC 3.70.230.E, Council appr val is required for all real property leases, m sales, or purchases thatae no�:incidental to implementation of a prior project or program approyed 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 realpperty.Interest conferred is more than twenty thousand axe �.., dollars($2Q;000). 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 31 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 46 � ✓F 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_— a„d 35.22.620, 35.233 2, and 39.04.155 relating to competitive bidding for public works, and-obrchases of goods, materials, equipment, and supplies. 3. RCWs 9.18.120 and 9.18.150 relating NO he suppl ession of competitive bidding. y, 4. Chapter 60.28 RCW relating to limos for maIterials and labor performed. 5. Chapter 39.08 RCW relating to�cotttractor's bonds. 6. Chapters 39.12-,-32^ 'C�n..-A ^I,RCW relating to prevailing wages. T 7. Chapter 49.12 RCW relating to hours of labor. 8. Chapter 51.1 RCV Nrelating to worker's compensation, aliens. 949. Chapter 49.60 RCW relating to antidiscrimination in employment. 103 Chapter 39.28339-:24 RCW relating to emergency public works. -end required. B. The sur:et-� bend shall have 3� :�i ii::ir!::+,I, t!I#II!::!I eed an'. 32 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 47 Sec. 6.01.020. Contracting and Procurement f�Ptocess All public works and improvement contracts entered into` the City shall also be in conformance with and subiect to the contractAa' and procurement process provided for in Chapter 3.70 of Ata nt City Code unless otherwise provided. SECTION 5. - Reoeal Ordinance No.12961. By its adoption of this ordinance, the City Council incorporates.the provisions of Ordinance No. 2961, originally adopted by uncil ori`�arivary 15, 1991. Therefore, upon the effective date of this pndm k.,e, Ordinance No. 2961 is hereby repealed in its entirety. SECTION 6. - Reoea! of Resolution No. 1560. By its adoption of this ordinance, the City Council incorporates the provisions of Resolution No. 1560; on nally adopted by Council on January 4, 2000. Therefore, upon ttae effective date of this ordinance, Resolution No. 1560 is hereby repealed iR:it5"entire ty. Any act consistent with and prior to the effective date oe 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. 33 Contracting& Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 48 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 di re section, .> subsections, or sentences of this ordinance are held.. - be'unconstitutional or invalid, such decision shall not affect the varditk of6he remaining portion of this ordinance and the same shall remain;in fulf#orce and effect SECTION 10. - Effective Date. T#4,or a "e shall take effect and be in force thirty (30) days from an,#a, er its passage as provided by law. UZETTE COOKE, MAYOR ATTEST: RONALD MOW,E, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2015. APPROVED: day of 2015. 34 Contracting& Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code 49 NR• s. "., � , x : ✓is : �w 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. RONALD MOORE, CITY CLEPJ< is K+w\OM1rrrce\hm.enwt( .Ytiv�Fa]SS Pe.romwCMK4pieov y S Y �QW, V 35 Contracting&Procurement Process-Amend Chapters 3.70 and 6.01 of the Kent City Code Kent City Council Meeting Minutes March 3, 2015 staff is when it comes to linking UAV firms to the City. Wolters continued his report, highlighting the City's new website, www.VisitKent.com, which strives to strengthen the image of Kent through marketing. He communicated that the next step of this process is to launch a social media campaign and briefed the Council on what it consists of. He discussed the ShoWare Center and noted that this year has been a busy year thus far with 45 event days scheduled from May to July. Wolters replied to Councilmember Berrios and stated that the Kent Station Apartments are on track and scheduled to open spring 2016. E. Intergovernmental Reports. Council President Ralph communicated that she attended a meeting with the chairs and vice chairs of three regional transportation committees; Seashore which consists of Lake Forest Park, Shoreline, Seattle and King County, Eastside Transportation which is made up of the eastside cities all the way to Snoqualmie, and the South County Area Transportation Board, (which she vice chairs) is made up of south King County cities. The committees convened to discuss ways to coordinate legislative actions, she said. Additionally, each committee has put together their own list of legislative priorities for 2015 and the idea is to have them present more of a united message when working with funding agencies in the future. Councilmember Higgins communicated there was a Sound Cities Association Board of Directors meeting and discussion about the levy tax. He added that there were bills in Olympia about the property tax levy cap that the group supported and an amendment was introduced which may cause some problems. He stated that he wishes to see flood districts removed from the levy cap. Mayor Cooke added that the amendment is a poison pill to the entire bill. Councilmember Higgins noted that the board has expressed its opposition to the amendment to suppress the flood control district into the county. He noted that he attended to the Regional Transit Committee meeting and there was a motion passed to accept the first phase of the Metro Access Report with two items to determine what access is and to have the park-n-ride development study and the park-n-ride utilization study to be done by a certain date. Councilmember Fincher communicated that she attended a King Conservation District (KCD) meeting and they discussed ensuring that the work is done equitably throughout the county. She stated that there was discussion about what the priorities and qualifications are to help the group decide where projects are done throughout the county. There was also discussion about equitable funding, transparency, and doing what KCD said they would do with the funds. The next KCD meeting is March 18 she communicated. PUBLIC HEARINGS None. PUBLIC COMMENT A. Linda Myers , Kent - Myers, on behalf of the Southeast King Coalition Against Sex Trafficking, invited the Council and the public to their free event called "Cultural Grooming" on March 9 at 7 pm at the Kent Senior Activity Center. 2 Kent City Council Meeting Minutes March 3, 2015 CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through L, seconded by Councilmember Higgins. The motion carried 5-0 and the following items were approved. A. Excused Absence for Councilmember Bill Boyce. An excused absence for Councilmember Boyce who was unable to attend the March 3, 2015 council meeting was approved. B. Relocation Assistance Resolution Repeal — Adopt Resolution No. 1905, repealing Resolution No. 698, and establishing new procedures related to relocation assistance for city projects not receiving federal financial assistance was adopted. C. Cooperative Watershed Management Grant. for Mill Creek Side Channel (Leber) Project — Authorize. The Mayor was authorized to accept the King County Cooperative Watershed Management Grant for the Mill Creek Side Channel (Leber) Restoration Project in the amount of $787,846, establish the budget and authorize expenditure of the grant funds subject to the grant terms and conditions, and sign all necessary documents, subject to terms and conditions acceptable to the Public Works Director and City Attorney. D. 64'h Avenue South Channel Improvements Union Pacific Railroad Project — Acceut as Complete. The Mayor was authorized to accept the 64th Avenue South Channel Improvements Union Pacific Railroad Project as complete and release retainage to R.L. Alia Company upon receipt of standard releases from the state and the release of any liens. E. Independent Salary Commission Ordinance — Adopt Ordinance No. 4142, amending Title 2 of the Kent City Code by adding a new chapter 2.58, entitled "Independent Salary Commission," and establishing the commission to review, establish, increase, or decrease mayor and councilmember's salaries was adopted. F. Trebron Company Inc. (Sophos Maintenance/Support) — Authorize. The Mayor was authorized to sign the agreement for Trebron Company, Inc. in the amount of $82,546 for the purchase of Sophos Security and Data Protection software support, subject to terms and conditions acceptable to the City Attorney and Information Technology Director. G. 2014 Consolidated Annual Performance Evaluation Report — Approve The Mayor was authorized to approve the 2014 Consolidated Annual Performance and Evaluation Report and to submit the report to Housing and Urban Development. H. 2015 Washington State Slo-Pitch Umpires Association Agreement — Authorize. The Mayor was authorized to sign a goods and services agreement with Washington State Slo-pitch Softball Umpires Association in an amount not to exceed $40,000.00 for the 2015 season umpire coverage, subject to final terms and conditions acceptable to the Parks Director and the City Attorney. . 3 Kent City Council Meeting Minutes March 3, 2015 I. Land O' Frost Youth Sports Programs Donation — Authorize The Mayor was authorized to accept the donation from the Land O' Frost 2015 Youth Sports Sponsorship Program in the amount of $19,000.00, to amend the budget and authorize the expenditure of the funds subject to the donation agreement terms and conditions, and to sign ail necessary documents, subject to terms and conditions acceptable to the Parks Director and the City Attorney. J. King County Youth Snorts Facilities Grant Agreement for Play Eguipment at Kent Memorial Park — Accept and Authorize. The Mayor was authorized to accept the Youth Sports Facility Grant from King County in the amount of $75,000.00, to amend the budget and authorize expenditure of the grant funds subject to the grant terms and conditions, and to sign all necessary documents, subject conditions acceptable to the Parks Director and City Attorney. K. King Conservation District Grant Agreement for the Green Kent Partnership — Accept and Authorize. The Mayor was authorized to accept the Green Kent Partnership grant from the King Conservation District in the amount of $55,827.00, to amend the budget and authorize expenditure of grant funds subject to the grant terms and conditions, and to sign all necessary documents, subject to terms and conditions acceptable to the Parks Director and City Attorney. L. Excused Absence for Councilmember Les Thomas. An excused absence for Councilmember Thomas who was unable to attend the March 3, 2015 council meeting was approved. OTHER BUSINESS None. BIDS There were no bids. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Ralph noted that at the workshop there was a presentation given by the Legal Department on the contract and procurement policies. She noted that the last time the policies were looked at was 10 years ago. She noted that the item will be coming back to the Council at a workshop in the future with the suggested revisions. B. Mayor. Mayor Cooke stated that the Puget Sound Emergency Radio Network (PSERN) was voted to go to a public vote on the fourth Tuesday in April. She noted that the measure is to replace all of the emergency radios within King County. She communicated that the Sister Cities delegation from Yangzhou, Jiangsu, China came to the City and are celebrating their 2,500 year anniversary this year and noted that the City of Kent celebrates its 125th Anniversary this year. Mayor Cooke continued and highlighted that Kent, along with the cities of Renton, Tukwila, and Auburn have been 4 Kent City Council Meeting Minutes March 3, 2015 working together on flood control and how to enhance the fisheries along the river. She stated that she met with King County Councilmembers Reagan Dunn and Dave Upthegrove before the Council meeting and discussed the System-Wide Improvement Framework (SWIF) for the river. She highlighted that she also met with Mike Mactutis, Environmental Engineering Supervisor concerning the Lower Russell Road area near the Green River Natural Resource area and Van Doren Park. She noted that there was a tour of the site with representatives from the local tribes, City staff, environmental groups, and residents. She added that it was a great time and everyone wants there to be a synergetic solution to this because the SWIF is due to the U.S. Army Corps of Engineers in a couple of months. Mayor Cooke also discussed the vandalism that took place at the local Kent Hindu Temple and Cultural Center. C. Administration. Chief Administrative Officer Derek Matheson announced that his report is in the Council packet. D. Economic & Community Development Committee. Councilmember Higgins stated that there is an Economic & Community Development Committee meeting on March 9. E. Operations Committee. Councilmember Ralph communicated that there was a discussion at the last Operations Committee meeting concerning an ordinance that will allow the Finance Department and the Mayor to refinance or refund bonds from 2006 which will save the City around $750,000. She noted that the ordinance will be coming to the full Council in about two weeks. F. Parks and Human Services Committee. Councilmember Ranniger communicated that they reviewed donations that are received which are less than $5,000 and thanked the public for their donations. i G. Public Safety Committee. Councilmember Berrios noted that the next Public Safety Committee meeting is next Tuesday at 4:30 pm and the Mayor's State of the City Address will be tomorrow at the ShoWare Center at 11:30 am. H. Public Works Committee. Councilmember Higgins communicated that the City has been awarded a $375,000 grant for the converting of all the City street lights to LED, and the project will be fully paid for with the electricity savings. He noted that the lights will save a great deal of money in the City. He also noted that WAVE Broadband has applied for a franchise agreement in the City and expressed concerns about the vandalism at the temple. He stated that he is working on a letter from the Council expressing their concerns for the temple. Mayor Cooke asked a Boy Scout in the audience to speak. Rylan Daniels from Boy Scout Troop 46 communicated that he is very fascinated that residents can see things being discussed before implementation in the City. He noted that he is working on his Citizenship in the Community Badge. 5 I Kent City Council Meeting Minutes March 3, 2015 Councilmember Fincher noted that this Saturday is the 50th Anniversary of "Bloody Sunday" which marks the event that occurred on March 7, 1965 at the Edmund Pettus Bridge in Selma, Alabama. I. Regional Fire Authority. No report. EXECUTIVE SESSION None. ACTION AFTER EXECUTIVE SESSION None. ADJOURNMENT The meeting adjourned at 8:53 p.m. Ronald F. oor�;'MMC � City Cle 6 PUBLIC COMMENT SIGN UP SHEET 'KENT 1 H1 . ,, 7 06 For the Kent City Council Meeting of: NAME Street Address Email Address Topic Ex Jane Doe 1234 Main Street SE idoe hotmail.com Comprehensive Kent, WA 98032 Plan 1 2 3 4 5 6 7 S 9 1® 11 12 13 14 15 16 17 1S 19 2® Members of the public are invited to speak under "Public Comment Agenda Item #6. Please sign above and when asked by the Mayor, come to the podium. Please limit your comments to three (3) minutes.