HomeMy WebLinkAbout4352 ORDINANCE NO. 4352
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 3.70 of
the Kent City Code, entitled "Public Contracting and
Procurement," to: (1) incorporate recent changes in
state law concerning dollar thresholds applicable to
public works projects and the utilization of a small
works roster; (2) amend KCC 3.70.110 to exempt
the use of lodging tax grants awarded to the City
from competitive bidding requirements with
exceptions; (3) strike KCC 3.70.230(F) related to
the surplus of property under specified
circumstances; (4) provide the city attorney with
authority to retain attorneys and expert witnesses
for the provision of specialized attorney services;
(5) permit the mayor to approve contracts with a
value of up to $100,000 instead of $65,000, and
change orders or amendments with a value of up to
$200,000 instead of $130,000; and (6) permit the
mayor to approve contracts with temporary staffing
firms for the provision of contractors for up to 18
months and at a value of $200,000 or less.
RECITALS
A. Kent's Public Contracting and Procurement Code is set forth in
Chapter 3.70 of the Kent City Code. This chapter is amended from time-to-
time to account for changes in state law related to public works contracts,
and to establish efficiencies in the provision of government services. With
the exception of public works contracts, the City Council has the authority
to establish contracting regulations which are not dictated by state laws.
1 Amend Chapter 3.70 KCC-
Pubiic Contracting and Procurement
B. In 2019, the Washington State Legislature passed ESSB 5418
related to the modernizing and efficiency of local government procurement.
ESSB 5418 went into effect on July 28, 2019. Mainly, ESSB 5418 increased
the dollar thresholds on public works projects requiring advertised bids.
Specifically, for public works involving a single craft or trade, advertised bids
are now required for projects estimated to exceed $75,500, up from the
previous limit of $40,000. The limit for public works involving more than a
single trade or craft has been raised from $65,000 to $116,155. For public
works projects estimated to fall below these dollar thresholds, the director
may determine what competitive bidding process will be used.
C. ESSB 5418 also raised the dollar thresholds associated with the
public works small works roster process. The small works roster allows the
City to solicit quotations for public works from a roster in lieu of using other
procedures, such as advertised bids, to award projects. Previously, the small
works roster could only be used for public works estimated to cost $300,000
or less. This limit has now been raised to $350,000. Within the small works
roster process, special notice requirements are imposed upon the projects
estimated to cost higher amounts. These dollar limits have also been raised.
D. In addition to the changes resulting from the passage of ESSB
5418, this ordinance will add an exception to bidding requirements for
expenditures of lodging tax grant awards received by the City. Staff often
applies to the Lodging Tax Advisory Committee for grant funding. These
grant applications are often for the purpose of obtaining consultant services
to explore specific projects or obtain specialized information in order to
further the City's goal of attracting people and business to Kent. If the City
Council awards lodging tax grant funding to the City, this amendment to
KCC 3.70.110 will allow City staff to directly negotiate the purchase of goods
2 Amend Chapter 3.70 KCC -
Pub/ic Contracting and Procurement
and services related to that specific lodging tax grant award without going
through the bidding process.
E. This ordinance will also permit the city attorney, with approval
of the Mayor, to retain specialized attorney services and expert witnesses to
assist with litigation or anticipated litigation, or specialized areas of the law
in order to protect the legal interests of the City. This has been the practice
of the City in the past, and this ordinance simply memorializes this current
practice.
F. In order to bring Kent's approval levels in line with larger cities,
such as Everett, Bellevue, Tacoma, and Vancouver, this ordinance changes
the Mayor's contract approval authority from $65,000 to $100,000 and
change order or amendment authority from a maximum of $130,000 to
$200,000. This amendment will achieve more efficiencies for staff in terms
of resources dedicated to contracting as well as the timing of entering
contracts.
G. This ordinance also strikes KCC 3.70.230(F), which concerns
the Mayor's authority to surplus non-utility personal property. A separate
ordinance updating the surplus code in Chapter 3.12 KCC will include a
provision specifically addressing the surplus of personal property, making
KCC 3.70.230(F) unnecessary.
H. Finally, this ordinance contains a new section that provides the
Mayor with authority to enter contracts with temporary staffing firms.
Temporary staffing firms are utilized when departments are unable to
directly hire qualified temporary employees due to a lack of availability of
candidates or adverse market conditions. In addition, in some sectors of
the workforce, such as the Information Technology sector, it is common
3 Amend Chapter 3.70 KCC -
Public Contracting and Procurement
practice for individuals who are available on a temporary basis to be
available through temporary firms. While the Mayor has authority to permit
the retention of temporary employees, the Mayor's current authority to
achieve the same outcome by utilizing a temporary staffing firm is limited
by the code's contract limits. This new code section will permit the Mayor
to approve a contract with a temporary staffing firm to retain an individual
for a period of up to 18 months at a total cost of up to $200,000, and the
funds must be available in the department's established budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - KCC 3.70.090. Section 3.70.090 of the
Kent City Code, entitled "Procurements for the performance of public works"
is hereby amended as follows:
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. For the purposes of this section, RCW 35A.40.210 and RCW
35.23.352 are hereby adopted by reference, as now enacted or hereafter
amended, in order to establish the thresholds for required bids for public
4 Amend Chapter 3.70 KCC-
Pubiic Contracting and Procurement
works. The amendment or recodification of RCW 35A.40.210 or RCW
35.23.352 shall be given its full force and effect in the city upon the effective
date of its amendment or recodification. As of December 2019, the bid
threshold set forth in RCW 35.23.352 is $75,500 if the work involves only
one craft or trade or the public works project is street signalization or street
lighting, and $116,155 if the work involves more than one craft or trade.
A.
ene (1) craft eF tFade and the cost is estimated at sixty five theusand dellaFs
($65,000) eF less, the diFeeteF shall deteFngine what cempetitive bidding
pFecess the depai4n9ent will utilize, if any, with diFeet negetiatien being an
acceptable eptiaig. Public work where the cost of the complete contract is
estimated to be less than the bid threshold set forth in RCW 35A.40.210 and
RCW 35.23.352. For a public work where the cost of the complete project
is estimated to be less than the bid threshold set forth in RCW 35A.40.210
and RCW 35.23.352, the director shall determine what competitive 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 werk greater then " theusand deiiars ($4G,-000) fer single
Public work where the cost of
the complete contract is estimated to be greater than the bid threshold set
forth in RCW 35A.40.210 and RCW 35.23.352.
5 Amend Chapter 3.70 KCC -
Public Contracting and Procurement
1. Advertised bids.
For a public work where the estimated cost of
the complete project exceeds the bid threshold set forth in RCW 35A.40.210
and RCW 35.23.352, 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 responsive bids.
The notice shall: (a) generally state the nature of the contemplated public
work, (b) state that a description, plans, and specifications will be on file
with the city, and (c) 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/eF reject any or all bids, and/or award the contract as otherwise
provided for in this chapter.
2. Lowest Presponsible 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.
a. Supplemental responsibility criteria. 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 and will help fulfill the city's obligation to administer its
budgets and complete its projects in a businesslike manner. indic" of bidde-
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Pub/ic Contracting and Procurement
businesslike manner. AeEeFdingly, it has a duty te exeFeise the type ef
In adopting supplemental responsibility criteria,
examples of qualifications the director may seek include, without limitation,
those that may indicate the bidder's:
aJ. Ability, capacity, and skill to perform the work or
provide the service required;
43-Ji. Reputation, character, integrity, judgment,
experience, and efficiency;
c—.iii. Ability to perform the work within the time
specified;
Div. Quality of performance of previous work or
services;
e v. Previous and existing compliance with laws
relating to the work or services;
Zvi. Access to sufficient tools and equipment to
perform the work, and the expertise to operate the tools and equipment;
g.-vii. Total bonded capacity;
19-.viii. Bidder's conduct under previous contracts;
mix. Quality of work previously performed by bidder;
fix. References from other public and private entities
that have hired the bidder to perform work; or
-k—xi. Other information as may be secured having a
bearing on the decision to award the work.
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Public Contracting and Procurement
amended,-aAll 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.
b. Option to choose the second lowest responsible bidder.
Pursuant to RCW 35.23.352, if the city issues a written finding that the
lowest responsible bidder has delivered a project to the city within the last
three years which was late, over budget, or did not meet specifications, and
the city does not find in writing that such bidder has shown how they would
improve performance to be likely to meet project specifications, then the
city may choose the second lowest responsible bidder whose bid is within
five percent of the lowest bid and meets the same criteria as the lowest
responsible bidder.
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 subsection (B) of this
section, that work may be performed by city staff. A complete public work
that will exceed the bid threshold provided in subsection (B) of this section
is subject to competitive bids, either through the small works roster process
provided for in Part 3 or formal advertised bids as provided in subsection (B)
of this section.
SECTION 2. - Amendment - KCC 3.70.110. Section 3.70.110 of the
Kent City Code, entitled "Exceptions to competitive bidding requirements" is
hereby amended as follows:
8 Amend Chapter 3.70 KCC -
Public Contracting and Procurement
Sec. 3.70.110. Exceptions to competitive bidding
requirements. The competitive bidding requirements set forth in KCC
3.70.080 and 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.
9 Amend Chapter 3.70 KCC-
Pub/ic Contracting and Procurement
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 weeks after the contract is
awarded. If an emergency procurement or contract exceeds $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 nonexclusive 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.
10 Amend Chapter 3.70 KCC-
Pubiic Contracting and Procurement
3. Administration services for liability claims and workers'
I
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. Technology contracts. In consultation with the city's technology
department, purchases of hardware, software, maintenance, and associated
technical support, training, and licensing, may be made without regard to
the bidding requirements provided for in KCC 3.70.080 and 3.70.090 and
may be entered into through direct negotiations. However, staff shall make
reasonable efforts to obtain the best price available under the
circumstances.
E. 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
11 Amend Chapter 3.70 KCC -
Public Contracting and Procurement
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.
F. Interlocal agreements or cooperative purchase agreements. The
bidding procedures for purchases established under this chapter need not
apply to interlocal agreements or cooperative purchase 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. While this exception waives any competitive bid
process, the interlocal agreement or cooperative purchase agreement must
still be authorized in accordance with Part 4 of this chapter, unless the city
attorney is consulted and advises otherwise.
G. 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(B), including goods, materials, or equipment
procured for inclusion in a public work.
2. 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.
H. Delegated purchasing authority.
12 Amend Chapter 3.70 KCC -
Public Contracting and Procurement
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 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 er his eF heF design 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.
13 Amend Chapter 3.70 KCC -
Public Contracting and Procurement
I. Pass-through grant agreements. Contracts the city enters into with
community-based social and human service providers, including
subrecipients 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.
1. 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.
K. 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
14 Amend Chapter 3.70 KCC-
Public Contracting and Procurement
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 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 not
exceed $2 per resident or $25,000, whichever amount is greater.
L. 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.
M. 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.
N. Lodainp Tax Grant Awards. If the City is awarded a grant by City
Council through the Lodging Tax Advisory Committee process for the
purchase of goods, materials, equipment, or services, not included within a
public work, that purchase is not required to follow the competitive bidding
requirements provided in KCC 3.70.080, and a contract for such purchase
may be entered into through direct negotiations. The procurement of
architectural, engineering, and land surveying services, however, remains
subject to the requirements provided in KCC 3.70.070.
SECTION 3. - Amendment - KCC 3.70.130. Section 3.70.130 of the
Kent City Code, entitled "Contract cost of three hundred thousand dollars
($300,000) or less" is hereby amended as follows:
15 Amend Chapter 3.70 KCC-
Pubiic Contracting and Procurement
Sec. 3.70.130. Contract cost of three hundred fifty thousand
dollars ($300;000350,000) 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 fir thousand
dollars ($399,8$8350,000) 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 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(B)
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) through (C).
SECTION 4. - Amendment - KCC 3.70.180. Section 3.70.180 of the
Kent City Code, entitled "Telephone or written quotations" is hereby
amended as follows:
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 39.04.350, as follows:
16 Amend Chapter 3.70 KCC -
Public Contracting and Procurement
A. Content of invitation for bid/quote. Work awarded to a contractor e#
e€from 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 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 ene—two hundred fifty thousand
dollars ($1�0 0250,000) to three hundred fifty thousand dollars
($3-00;900350,000). In addition to the requirement of subsection (13)(1) of
this section, if the estimated cost of the work is from enetwo hundred fifty
thousand dollars ($159,699250,000) to three hundred fii thousand dollars
($390,9GG350,000) and the city invites bids or quotes from less than all
17 Amend Chapter 3.70 KCC-
Public Contracting and Procurement
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
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 telepheneat
least one of the following: telephone or electronic request. Nothing in this
section is intended to supplant the city's duties and obligations under the
Public Records Act.
18 Amend Chapter 3.70 KCC -
Public Contracting and Procurement
SECTIONS. - Amendment - KCC 3.70.210. Section 3.70.210 of the
Kent City Code, entitled "Contract required and approval necessary" is
hereby amended as follows:
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 $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.
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(G);
(2) contracts bid or negotiated by another agency allow the city to receive
under that contract on substantially the same terms; and (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.
C. Estimated procurement costs. When determining whether director,
mayoral, or council approval is required for any contract, and the total cost
of the contract is unknown because a definite term or unit amount cannot
19 Amend Chapter 3.70 KCC -
Pub/ic Contracting and Procurement
be reasonably determined, the procurement cost, for the purpose of
establishing appropriate contract approval procedure, is the estimated
annual cost of the procurement, including any estimated sales tax.
SECTION 6. - Amendment - KCC 3.70.220. Section 3.70.220 of the
Kent City Code, entitled 'Director approval" is hereby amended as follows:
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 $20,000 or less should be memorialized in a written
contract. Any contract or procurement in the amount of $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 no
increase in the contract amount, such as an extension of time for the
contractor to perform.
2. Change orders or contract amendments that collectively do not
exceed 10 percent or $65,000 of the original contract amount, including any
applicable taxes, whichever amount is greater.
This change order approval authority may only be exercised 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
20 Amend Chapter 3.70 KCC-
Public Contracting and Procurement
applications, unless the application itself requires otherwise. The director
may also accept any grant, bequest, donation, or other gift in the total
amount of $25,000 or less, and is authorized to approve and 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 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 $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.
1. Grant reimbursement requests. Once a grant agreement is
approved as provided for in this chapter, the director eF desig is
authorized to sign any grant reimbursement request or voucher, annual or
final fiscal report, or any certification statement that may be required by
the federal, state, or other local agency awarding or administering the grant.
This delegation of authority specifically includes without limitation the
certification required by 2 CFR 200.415, as currently enacted or hereafter
amended or recodified.
D. Collective bargaining agreements. Unless the terms of a collective
bargaining agreement provide otherwise, the director of human resources
eF the dmFeeteF's designee is authorized to sign all agreements, or
subsequent amendments to those agreements, with the city's bargaining
units if the financial impact of the agreement or amendment is valued at
21 Amend Chapter 3.70 KCC-
Public Contracting and Procurement
$65,000 or less, and sufficient funds remain in the budget to cover that
financial impact.
E. Contracts for specialized attorney services. The city attorney, with
approval of the mayor, shall have authority to retain attorneys and expert
witnesses to assist with litigation or anticipated litigation, or help with areas
in which specialized attorney services are necessary for the protection of
the city's legal interests; provided, the retention of attorneys pursuant to
this subsection shall be within established budgets.
SECTION 7. - Amendment - KCC 3.70.230. Section 3.70.230 of the
Kent City Code, entitled 'Mayor approval" is hereby amended as follows:
Sec. 3.70.230. Mayor approval. The mayor has signatory authority
and may approve the following:
A. Contracts - Over$20,000. All purchases or work valued at an amount
in excess of $20,000 must be memorialized in a written contract and signed
by the mayor. Any contract valued at an amount of $65,000100,000 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 change orders or contract amendments that collectively
are within 20 percent or $139,9GG200,000 of the original contract amount,
including any applicable taxes, whichever amount is greater, if sufficient
funds remain within the existing project or city budget.
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
22 Amend Chapter 3.70 KCC-
Pubiic Contracting and Procurement
gift in the amount of $65,988100,000 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 as provided in this section, 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.
All reimbursement requests, vouchers, reports, or certification statements
are to be signed by the director eF designee in accordance with
KCC 3.70.220(C)(1).
D. Interlocal agreements. 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 $65,9 �G100,000, 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:
1. To acquire and convey rights-of-way 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.
23 Amend Chapter 3.70 KCC -
Pubiic Contracting and Procurement
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 $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 years, including all options to renew, without express approval of the
city council.
3. To accept land, attachments, fixtures, improvements,
appurtenances, and other real or personal 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.
pFepef=ty that is seld to anether governmental entity that is valued evei=
GF. 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.
#G. Emergency. If an emergency exists as provided for in
KCC 3.70.110(B), the mayor may sign all documents and take all actions
24 Amend Chapter 3.70 KCC-
Public Contracting and Procurement
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.
1H. Collective bargaining agreements. Unless the terms of a collective
bargaining agreement provide otherwise, the mayor is authorized to sign all
agreements, or subsequent amendments to those agreements, with the
city's bargaining units if the financial impact of the agreement or
amendment is valued at $130,000 or less, and sufficient funds remain in
the city's budget to cover that financial impact. If the financial impact is
greater than $130,000, or if sufficient funds do not exist within the budget
to cover the financial impact, council authorization must first be obtained
before the mayor is authorized to sign the agreement or amendment.
I. Contracts with temporary staffing firms. Temporary staff may be
retained through staffing firms that provide temporary employees to work
for the city. The mayor is authorized to sign contracts with staffing firms
for temporary employees for technical, programming, and project support
professionals, as well as architects, engineers, and other professionals when
the contract term does not exceed 18 months and the contract value does
not exceed $200,000. Funding for contracts approved by the mayor under
this section shall be within the contracting department's established budget.
In the event a contract was signed by the mayor under this section, and it
is later determined that the length or cost of the contract will exceed the
time or amount provided in this section, the mayor's change order or
amendment authority shall not apply and the department director shall
bring the matter before the city council for consideration of
ratification. Nothing in this section shall limit the authority of department
directors or the mayor as provided in other sections of this chapter.
25 Amend Chapter 3.70 KCC-
Public Contracting and Procurement
SECTION 8. - Amendment - KCC 3.70.240. Section 3.70.240 of the
Kent City Code, entitled "Council approval" is hereby amended as follows:
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-,000100,000. All purchases or work valued at
an amount in excess of $65,,0 �G100,000 must be memorialized in a written
contract. If a contract's estimated cost is over $65988100,000, 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 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 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
26 Amend Chapter 3.70 KCC -
Pub/ic Contracting and Procurement
approval is required. Any delegated procurement authority must be
exercised in accordance with KCC 3.70.110(H).
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. Once a change order or
contract amendment is approved by council, the revised contract amount
becomes the amount applicable for calculating future approval authority for
subsequent change orders or amendments.
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 $65000100,000, the city council first must authorize acceptance of the
funds and the mayor's execution of any resulting agreement. All
reimbursement requests, vouchers, reports, or certification statements are
to be signed by the director eF designee in accordance with KCC
3.70.220(C)(1).
D. Interlocal agreements. 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 $65,000100,000, including
agreements entered into under the Interlocal Cooperation Act of Chapter
39.34 RCW, or that involves 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.
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
27 Amend Chapter 3.70 KCC -
Pubiic Contracting and Procurement
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 $25,000 or for a term
greater than two years, including all options to renew.
SECTION 9. - 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 the same shall remain in full force and effect.
SECTION 10. - 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 11. - Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
December 10, 2019
DANA RALPH, MOOR Date Approved
ATTEST:
December 10, 2019
KIMBERLE . KOMOTO, CI CLERK Date Adopted
December 113, 2019
Date PulA§hdd:c y...
APPROVED
ARTHUR "P " FITZPATRICK CITY ATTORNE' ''•ll'' '�f
28 Amend Chapter 3.70 KCC-
Public Contracting and Procurement
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Polly Shepherd,being first duly sworn on oath that she is the Publisher of the
Kent - Covington Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent - Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent - Covington Reporter(and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice (884051), a:
Public Notice
was published on December 13 , 2019.
T11 o of the fee charged for said foregoing publication is the sum of$155.66.
GALE
Polly Shepherd, Publisher, Kent - Covington Reporter
o:z NOTARY "••
cn — PUBLIC w
Subscrib nd sworn to me this 13 day of December, 2019. ��A-o •Z
•p
No 'A�
10 ,/"WASN`listim `\��•`•
Gale Gwin,Notary Public for the State of Washington, Residing in Covington,WA
Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCES
PASSED BY THE
CITY COUNCIL
The following are sum-
maries of ordinances
passed by the Kent City
Council on December
10,2019:
ORDINANCE NO. 4351
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, approving the con-
solidating budget adjust-
ments made between
October 1,2019 and No-
vember 30, 2019, re-
flecting an overall bud-
get increase of
$6,962,281.
This ordinance shall take
effect and be in force
five days after publica-
tion,as provided by law.
ORDINANCE NO. 4362
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending Chapter
3.70 of the Kent City
Code, entitled "Public
Contracting and Pro-
curement,"to: (1) incor-
porate recent changes in
state law conoeming dol-
lar thresholds applicable
to public works projects
and the utilization of a
small works roster, (2)
amend KCC 3.70.110 to
exempt the use of lodg-
ing tax grants awarded
to the City from competi-
tive bidding require-
ments with exceptions;
(3) strike KCC 3.70.230
(F)related to the surplus
of property under speci-
fied circumstances; (4)
provide the city attomey
with authority to retain
attorneys and expert wit-
nesses for the provision
of special¢ed attomey
services; (5) permit the
mayor to approve con-
Classified Proof
tracts with a value of up
to $100,000 instead of
$65,000,and change or-
ders or amendments
with a value of up to
$200,000 instead of
$130,000;and(6)permit
the mayor to approve
contracts with temporary
staffing firms for the pro-
vision of contractors for
up to 18 months and at a
value of $200,000 or
tress.
This ordinance shall take
effect and be in force 30
days from and after its
passage,as provided by
law.
A copy of the complete
text of any ordinance will
be mailed upon request
of the City Clerk.
Kimberley A. Komoto,
City Clerk
KkomotoaKentWA gov
253-856-5725
Published in the Kent-
Covington Reporter
December 13.. 2019.
#884051