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ORDINANCE NO.
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6 AN ORDINANCE of the City of Kent,
*YL��VI Washington, establishing rules and procedures
3 for entering into procurement contracts for
purchases, leases and rentals of supplies,
material, equipment or services and adding a
new Chapter to Title 3 of the Kent City Code.
O�7,�+ WHEREAS, no provisions within the Revised Code of
;Washington establish procedures or guidelines directly applicable
to the City of Kent for the authorization of procurement contracts
'for purchases, leases and rental of supplies, material, equipment
or services other than architectural and engineering services and
'icertain recycled products; and
WHEREAS, it is in the interest of the City of Kent to
establish a uniform procedure for entering into procurement
contracts for purchases, leases and rental of supplies, material,
equipment or services; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 3 of the Kent City Code is hereby
amended by adding the following new Chapter:
PROCUREMENT CONTRACTS.
3.50.010. Applicability. Except for Public Works or
improvement contracts, any contract for the purchase, lease or
rental of supplies, material, equipment or services, the estimated
cost of which exceeds Seven Thousand Five Hundred dollars ($7500)
!shall be subject to the provisions of this Chapter; Provided that j
'the limitations herein do not apply to any purchases of materials
at auctions conducted by the United States Government or any agency
thereof, or by the State of Washington and any of its political
isubdivisions. Contract herein shall mean formal written contract,
!purchase order, verbal agreement, cash or credit purchase from a
%wholesaler, retailer or dealer, or other similar transaction.
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3.50.020. Telephone and/or Written Bids or Quotations.
If it appears that the estimated cost of a contract to purchase,
lease or rent supplies, materials, equipment or services, other
!than professional and consulting services, will not exceed Fifteen
!Thousand dollars ($15,000), the City, or the department supervisor
'with authority, shall attempt to solicit at least three (3)
(telephone and/or written bids or quotations for that contract.
3.50.030. Advertised Bids or Requests for Proposals. If
it appears that the estimated cost of a contract to purchase, lease
or rent supplies, materials, equipment or services, will exceed
Fifteen Thousand dollars ($15,000), then, at least fifteen (15)
days before entering into that contract, the City shall publish
notice calling for sealed bids or requests for proposals in a
newspaper of general circulation most likely to bring responsive
bids. The notice shall generally state the nature of the
contemplated purchase, lease or rental agreement and the
description or specifications therefor, and it shall require that
the bids or proposals be sealed and filed with the City Clerk
within the time specified therein. The City Council shall let the
contract to the lowest and best responsible bidder or shall have
!power by resolution to reject any or all bids or proposals and to
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lmake further call for bids or proposals in the same manner as the
,original call.
3.50.040. Authorization by Mayor Required. Any
!contract, except for public works or improvement contracts,
lexceeding Seven Thousand Five Hundred dollars ($7500.00) intended
for the purchase, lease or rental of supplies, material, equipment
for services must be in writing and approved and signed by the Mayor
to become effective and binding upon the City.
3.50.050. Authorization by Council Required. Any
contract, except for public works or improvement contracts,
exceeding Fifteen Thousand dollars ($15,000.00) intended for the
purchase, lease or rental of supplies, material, equipment or
services that has not been awarded in accordance with the
advertised bid procedures set forth in Section 3.50.020 of the Kent
City Code must be in writing and authorized by a simple majority of
the City Council before becoming effective and binding upon the
City. The awarding of a bid by Council shall constitute Council
authorization for the purpose of this section.
3.50.060. Professional and Consultant Contracts.
Contracts for professional and consultant services are not required
to follow the procurement requirements set forth in subsections
.020 and .030 above and the authorization requirements of
subsection .050 above, but rather may be entered into through
direct negotiations. All such contracts exceeding seven thousand
five hundred dollars ($7,500.00), however, are subject to the
authorization requirements of subsection .040 above.
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3.50.070. Architectural and Engineering Services. All
contracts for architectural and engineering services entered into
by the City are governed by Chapter 61, Laws of 1981 (RCW 39.80),
and all amendments thereto.
3.50.080. Waiver. The procurement requirements set
!forth in subsections .020 and .030 above may be waived by a written
;determination by the City or the applicable department head with
authority that either the materials, supplies, equipment or
services are clearly and legitimately limited to a single source of
supply within the near vicinity, or that the materials, supplies,
equipment or services are subject to special market conditions.
The City's written determination shall also recite why this
'situation exists. Actions taken under this section are subject to
RCW 39.30.020.
3.50.090. Emergencies. When any emergency requires the
immediate execution of any contract to purchase, lease or rent as
described in this Chapter, upon the finding of the existence of
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such an emergency, the City or its designated department head with
authority shall have the power to make and enter into such contract
without strict compliance with the procurement requirements set
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forth in this chapter, proVlded that the City or the designated
department head issues a written basis for the emergency
determination accompanied by a description and/or specification
and cost estimate of the contract within seven (7) days after the
commencement of the purchase.
3.50.100. Exception for Recycled Products. Nothing in
1the Chapter shall prohibit the City from preferentially purchasing
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products made from recycled materials or products that may be
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(recycled or reused.
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Section 2. Invalidity. If any provision of this
!ordinance or its application to any person or circumstance is held
Ito be invalid, such decision shall not affect the validity of the
;remainder of the ordinance or the application of the provision to
Bother persons or circumstances.
Section 3. Effective Date. This ordinance shall take
effect and be in force thirty (3 0) days from and after its final
';passage, approval and publication as provided by law.
D KELLEHER, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
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!,APPROVED AS TO FORM:
O R A. LUBOVICH, CITY A EY
PASSED the day of C� 1992 .
:` da of 1- c-ILce�.. ze- , 1992.
(APPROVED the Y
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PUBLISHED the day of 1992 .
l: -a= j"t c' rl ,
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I hereby certify that this is a true and correct 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.
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f.= (SEAL)
BRENDA JACOBE , DEPUTY CITY CLERK
procure.ord
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