Chapter 3.70
PROCUREMENT CONTRACTS
Sections:
3.70.010 Purpose.
3.70.020 Applicability.
3.70.030 Advertised bids.
3.70.040 Requests for proposals.
3.70.050 Authorization by city council required.
3.70.060 Professional and consultant contracts.
3.70.070 Supply contracts.
3.70.080 Waiver.
3.70.090 Emergencies.
3.70.100 Exception for recycled products.
3.70.010 Purpose.
It is the purpose of this chapter to provide guidelines for the purchase of goods and services by the city in order to maintain an accountable procurement process. It is also the purpose of this chapter to allow for the flexible application of these guidelines for more efficient and cost effective purchases where their strict application would not be in the city’s best interest, such as, for example, in those instances where bids would not be appropriate due to a sole source supplier or where negotiations with a particular supplier would be more appropriate due to a specialized need of the city.
(Ord. No. 3187, § 2, 10-4-94)
3.70.020 Applicability.
A. Any contract, written or oral, for the purchase of materials, supplies, equipment or services or the lease or rental of equipment (“purchase” or “procurement”), the estimated cost of which will be fifty thousand dollars ($50,000) or more, shall be subject to the provisions of this chapter.
B. For purchases under fifty thousand dollars ($50,000), the mayor is hereby authorized to promulgate procurement policies and guidelines, and such purchases shall not be subject to the provisions of this chapter, except for KCC 3.70.050 below relating to council authorization for purchases. All procurement policies and guidelines promulgated by the mayor, and any amendments thereto, shall be subject to the review and approval of the city council.
C. Except for KCC 3.70.050 below relating to council authorization, the limitations contained in this chapter shall not apply to:
1. Public works or improvement contracts governed pursuant to RCW 35.22.620;
2. Contracts for architectural and engineering services governed pursuant to Chapter 39.80 RCW.
3. 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 subdivisions.
D. Contract as used in this chapter shall mean formal written contract, purchase order, verbal agreement, cash or credit purchase from a wholesaler, retailer or dealer, or other similar transaction. Contracts may not be split to avoid the bidding and authorization requirements set forth in this chapter.
(Ord. No. 3187, § 2, 10-4-94)
3.70.030 Advertised bids.
If it appears that the estimated cost of a contract to purchase, lease or rent supplies, materials, equipment or services, will be fifty thousand dollars ($50,000) or more, then at least ten (10) days before entering into that contract, the city shall publish notice calling for sealed bids 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 may reject any or all bids or proposals and/or further call for bids or proposals. A bid conducted by another public agency for substantially the same purchase shall constitute compliance with the bid requirements herein.
(Ord. No. 3187, § 2, 10-4-94)
3.70.040 Requests for proposals.
In lieu of advertised bids as required by this chapter, requests for proposals may be utilized when deemed appropriate under such terms and conditions determined suitable to meet the needs and requirements of the particular procurement.
(Ord. No. 3187, § 2, 10-4-94)
3.70.050 Authorization by city council required.
Any contract twenty-five thousand dollars ($25,000) or more (fifty thousand dollars ($50,000) or more for public works and improvement contracts), intended for the purchase, lease, or rental of supplies, material equipment, or services, must be in writing and authorized by the city council before becoming effective and binding upon the city. When the council has specifically considered and approved a particular program or matter in which the amount of the contract and the contracting parties have been identified, such as awards of bids, funding of certain programs, authorization to purchase or to negotiate for the purchase of a particular item or service, or other similar program or matter, such consideration shall constitute council authorization for the purpose of this section.
(Ord. No. 3187, § 2, 10-4-94; Ord. No. 3618, § 1, 10-1-02)
3.70.060 Professional and consultant contracts.
This section shall apply to professional and/or technical service consultant contracts in which the city enters into an agreement to purchase consultant services for city government from a corporation, firm, agency, individual, or group of individuals based on their recognized experience and knowledge within a specialized area of expertise. Contracts for professional and consultant services are not required to follow the procurement requirements set forth in KCC 3.70.030, but may be entered into through direct negotiations. All such contracts are subject to the authorization requirements of KCC 3.70.050.
(Ord. No. 3187, § 2, 10-4-94)
3.70.070 Supply contracts.
A. To determine the cost of a contract for the purpose of establishing the appropriate procurement procedures under this chapter, when the contract has no definite term or unit amount, the amount of the estimated annual cost shall be deemed the contract cost.
B. In lieu of requesting bids for each procurement, the city may solicit bids or proposals for a contract for a specific term to supply goods, materials, supplies, equipment, or services on an as needed basis in those instances where the specific service or product in a product line or volume of units is undetermined such as the city’s needs and use of office supplies.
(Ord. No. 3187, § 2, 10-4-94)
3.70.080 Waiver.
The procurement requirements set forth in KCC 3.70.030 may be waived by the mayor upon a finding 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, involve special facilities or services, or that a bid, or the bidding requirements of KCC 3.70.030, would otherwise not be practicable or in the city’s best interests under the circumstances, in which instances the purchase may be best established by direct negotiation.
(Ord. No. 3187, § 2, 10-4-94)
3.70.090 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 such an emergency, the mayor shall have the power to make and enter into such contract without strict compliance with the procurement requirements set forth in this chapter. The mayor or the designated department head shall issue a written basis for the emergency determination accompanied by a description and/or specification and cost estimate of the contract after the commencement of the purchase.
(Ord. No. 3187, § 2, 10-4-94)
3.70.100 Exception for 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.
(Ord. No. 3187, § 2, 10-4-94)