Chapter 5.60
CONTRACTING AND PURCHASING

Sections:

5.60.010    Definitions.

5.60.020    Contract authority.

5.60.030    Materials, supplies and equipment – Other purchases.

5.60.040    Services.

5.60.050    Public works contracts.

5.60.060    Formal bid process.

5.60.070    Records.

5.60.080    Contract management.

5.60.090    Compliance with laws.

Prior legislation: Res. 2010-06.

5.60.010 Definitions.

A. “Contract” for purposes of this chapter means any written agreement creating a legal relationship between Cascade and another person or entity, or any amendment thereto.

B. “Emergency” means unforeseen circumstances beyond Cascade’s control that either:

1. Present a real, immediate threat to the proper performance of essential Cascade functions; or

2. Will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

C. “Lowest responsible bidder” means:

1. With respect to vendors, Cascade’s selection of a vendor according to the following criteria, in addition to price:

a. Any preferences provided by law to Washington products and vendors;

b. The quality of materials, equipment, and supplies to be purchased;

c. The conformity of the materials, equipment, and supplies to the specifications;

d. The purposes for which the materials, equipment, and supplies are required;

e. The time for delivery of materials, equipment, and supplies;

f. The ability, capacity, and skill of the bidder to perform the contract or provide the service required and to do so within the time specified;

g. The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

h. The quality of performance of previous Cascade contracts or services, if any;

i. The prior and current compliance of the bidder with laws relating to the contract or services; and

j. Such other relevant information as may be secured having a bearing on the decision to award the contract.

2. With respect to contractors, Cascade’s selection of a contractor according to the following criteria, in addition to price:

a. Whether, at the time of the submittal, the contractor has a certificate of registration in compliance with Chapter 18.27 RCW;

b. Whether the contractor possesses a state unified business identifier number;

c. Whether the contractor has industrial insurance coverage for the contractor’s employees working in Washington as required by RCW Title 51, an employment security department number as required by RCW Title 50 and a state excise tax registration number as required by RCW Title 82, if applicable;

d. Whether the contractor has been disqualified from bidding under RCW 39.06.010 or 39.12.065(3);

e. Until December 31, 2013, whether the contractor has violated RCW 39.04.0002 (relating to the provision of information regarding off-site, prefabricated, nonstandard, project-specific items produced under the terms of certain public works contracts and produced outside Washington) more than one time as determined by the Department of Labor and Industries;

f. For electrical and elevator contracts, whether the contractor is licensed to perform the work or service as required by RCW 39.06.010;

g. The ability, capacity, and skill of the contractor to perform the contract and perform it within the time specified;

h. The character, integrity, reputation, judgment, experience, and efficiency of the contractor;

i. The quality of performance of previous Cascade contracts, if any;

j. The prior and current compliance of the contractor with laws relating to the contract; and

k.  Such other relevant supplemental criteria as Cascade may adopt to determine bidder responsibility applicable to a particular project pursuant to RCW 39.04.350(2).

D. “Energy equipment and services” means energy management systems and any equipment, materials, or supplies that are expected, upon installation, to reduce the energy use or energy cost of an existing building or facility, and the services associated with the equipment, materials, or supplies including, but not limited to, design, engineering, financing, installation, project management, guarantees, operations, and maintenance. Reduction in energy use or energy cost may also include reductions in the use or cost of water, wastewater, or solid waste.

E. “Jurisdiction” for purposes of this chapter means the area where either Cascade or a project directed by Cascade is located.

F. “Performance-based contract” means one or more contracts for water conservation services, solid waste reduction services, or energy equipment and services between a municipality and any other persons or entities, if the payment obligation for each year under the contract, including the year of installation, is either: (1) set as a percentage of the annual energy cost savings, water cost savings, or solid waste cost savings attributable under the contract; or (2) guaranteed by the other persons or entities to be less than the annual energy cost savings, water cost savings, or solid waste cost savings attributable under the contract. Such guarantee shall be, at the option of the municipality, a bond or insurance policy, or some other guarantee determined sufficient by the municipality to provide a level of assurance similar to the level provided by a bond or insurance policy.

G. “Water conservation” means reductions in the use of water or wastewater.

H. “Purchasing Policy” means a written policy approved by the Finance Director and adopted by Chief Executive Officer for the purchase of materials, equipment and supplies pursuant to CWAC 5.60.030.

I. “Public Work” has the same meaning as in RCW 39.04.010. [Res. 2012-07 § 46; Res. 2010-17].

5.60.020 Contract authority.

A. The Board retains its authority with respect to contracts, except as specifically delegated herein; provided, that the Board may authorize Alternate delegations of authority in any resolution awarding a contract or in a resolution authorizing Cascade’s participation with another government agency in a joint project.

B. Whenever a delegation of authority is limited by a not-to-exceed amount, that amount shall include sales and use taxes, unless specifically provided otherwise. The breaking down of any purchase or contract into units or phases for the purpose of avoiding the maximum dollar amount is prohibited. The amount of a contract shall include all amendments; provided, that an amendment may be entered into without prior Board approval so long as such amendment does not cause the contract to exceed any of the not-to-exceed amounts listed in subsection (C) of this section.

C. The Chief Executive Officer on behalf of Cascade may, without prior Board approval, negotiate and execute the following contracts; provided, that funds for such contracts are included in the Board-approved budget, and that Cascade’s contractual liability does not exceed available fund balances:

1. Contracts for the purchase of goods, supplies, materials, postage or equipment, where the anticipated expenditure of Cascade is not to exceed $25,000;

2. Professional and consulting service contracts, including contracts for architectural, engineering, and surveying services, where the anticipated expenditure of Cascade is not to exceed $25,000;

3. Maintenance contracts, where the anticipated expenditure of Cascade is not to exceed $25,000 per year;

4. Public works projects, where the anticipated expenditure of Cascade is not to exceed $25,000;

5. Settlement agreements, where the anticipated expenditure of Cascade is not to exceed $25,000;

6. Other routine agreements, not to exceed $25,000;

7. Lease agreements for materials, supplies, and equipment, where the anticipated expenditure of Cascade is not to exceed $25,000 per year;

8. Sale of surplused property;

9. Contracts or other documents necessary to implement resolutions of the Board (e.g., official statements, or bond underwriting and sale documents);

10. Emergency contracts, provided, that the Board is informed of the contract at the next regularly scheduled meeting; and

11. Execution of all instruments for the general business affairs and administration (including but not limited to office supplies and maintenance, utility services, insurance, furnishings and equipment).

D. Cascade shall reserve the right to reject any and all bids or quotes and shall include such a reservation of rights in every written invitation to bid or request for quotations or proposals. [Res. 2015-09 § 1; Res. 2012-07 § 47; Res. 2010-17].

5.60.030 Materials, supplies and equipment – Other purchases.

A. A purchase of materials, supplies, or equipment unrelated to a Public Work shall be in accordance with the Purchasing Policy.

B. Vendor Lists. Cascade may on such intervals it deems appropriate develop and update a vendor list or participate in a shared vendor list maintained by another agency. If Cascade elects to maintain its own vendor list, it may publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the vendor list and solicit the names of vendors for the list. Cascade shall not be required to use a vendor list for any purchase of material, equipment or supply unrelated to a Public Work.

Cascade may purchase materials, supplies, or equipment unrelated to Public Works from suppliers designated on current state agency, county, city, or town purchasing rosters for the materials, supplies, or equipment.

C. Electronic Data Processing and Telecommunication Systems. The purchase of electronic data processing or telecommunication equipment, software or services may be made by competitive negotiations in accordance with RCW 39.04.270. Competitive negotiations shall include, as a minimum, the following requirements:

1. A request for proposal shall be prepared and submitted to an adequate number of qualified sources, as determined by Cascade in its discretion, to permit reasonable competition consistent with the requirements of the procurement. Notice of the request for proposal must be published at least once in a newspaper of general circulation within the jurisdiction at least 13 days before the last date upon which proposals will be received. The request for proposal shall identify significant evaluation factors (including price and relevant experience) and the relative importance of each factor.

2. Cascade shall provide reasonable procedures for the technical evaluation of the proposals received, the identification of qualified sources, and the award of the contract.

3. The award of the contract shall be made to the qualified bidder whose proposal is most advantageous to Cascade based on price, relevant experience and other factors of consideration. Cascade may reject any and all proposals for good cause and request new proposals.

D. Performance-Based Contracts for Energy Conservation, Solid Waste Reduction or Water Conservation. The purchase of energy equipment and services, solid waste reduction services or water conservation services may be made pursuant to a performance-based contract in accordance with Chapter 39.35A RCW as follows:

1. Cascade shall publish in advance in a newspaper of general circulation within the jurisdiction its requirements to procure energy equipment and services, solid waste reduction services or water conservation services under a performance-based contract.

2. The announcement must state concisely the scope and nature of the energy equipment and services, solid waste reduction services or water conservation services requested and shall encourage firms to submit proposals to meet these requirements.

3. Cascade shall negotiate a fair and reasonable performance-based contract with the firm that submits the best proposal. If Cascade is unable to negotiate a satisfactory contract with the firm selected at a fair and reasonable price, then Cascade shall formally terminate negotiations with that firm and shall select another firm in accordance with this subsection and continue the process until an agreement is reached or the process is terminated.

If Cascade chooses to negotiate a performance-based contract under this subsection, no otherwise applicable statutory or Cascade procurement requirement shall apply.

E. Intergovernmental Purchases. The purchase of materials, equipment, or supplies may be made on a city, state, or other governmental bid contract or cooperative purchasing arrangement if Cascade has previously entered into an interlocal agreement with such city, state, or other government in accordance with Chapter 39.34 RCW and if the city, state, or other government that awarded the bid, proposal, or contract complied with its own statutory requirements.

F. Auctions. Cascade may purchase materials, equipment or supplies in accordance with RCW 39.30.045 at auctions conducted by the government of the United States or any agency thereof, any agency of the state of Washington, any municipality or other government agency, or any private party without being subject to public bidding requirements if the items can be obtained at a competitive price.

G. Cascade is authorized to purchase materials, equipment, or supplies even if related to Public Works without obtaining competitive bids or quotations in accordance with RCW 39.04.280 as follows:

1. In the event of an emergency. Cascade must duly enter of record a written finding of the existence of an emergency no later than two weeks following the award of the contract.

2. When Cascade’s finance director determines in writing, subject to the review of Cascade’s attorney, after conducting a good faith review of available resources, that there is only one source of the required materials, supplies, or equipment. Cascade’s finance director shall conduct negotiations, as appropriate, as to price, terms, and delivery time. Immediately after the award of a contract, the contract and the factual basis for the exception must be recorded and open to public inspection.

3. When special facilities or market conditions are present (e.g., when it is possible to procure obvious bargains in surplus or distress material, supplies or equipment and such items will be sold out before Cascade can complete the bidding process). Immediately after the award of a contract, the contract and the factual basis for the exception must be recorded and open to public inspection.

4. When purchasing insurance or bonds. Immediately after the award of a contract, the contract and the factual basis for the exception must be recorded and open to public inspection.

5. When the cost of the project is less than the amounts specified in RCW 35.23.352 and CWAC 5.60.050. [Res. 2012-07 § 48; Res. 2010-17].

5.60.040 Services.

Architectural, landscape architectural, engineering and land surveying services as defined in RCW 39.80.020 (collectively, “professional services”) shall be procured in accordance with Chapter 39.80 RCW as follows:

A. Cascade shall publish its need for professional services in advance concisely stating the general scope and nature of the work for which services are required. The notice should announce generally to the public Cascade’s projected requirements for any category or type of professional services and should request that architectural, engineering or surveying firms submit a statement of qualifications and performance data. The notice should also provide the address of a representative of Cascade who can provide additional details. Cascade has two options:

1. Option 1: For each project, Cascade may publish an announcement on each occasion when professional services provided by a consultant are required by Cascade; or

2. Option 2: Cascade may announce generally to the public its projected requirements for any category or type of professional services. Cascade should receive qualifications from professionals at least annually to ensure that it is aware of all available professional services, in order to select the most qualified for each particular service. If Cascade has joined and/or enrolled in MRSC Rosters, SPP Rosters, or any other substantially similar professional services roster provider, Cascade may rely on the professional services roster provider to satisfy this option.

B. Cascade shall evaluate the current statements of qualifications and performance data on file, together with those that may be submitted by other firms regarding the proposed work. To ensure proper evaluation of the submittals, evaluation criteria should be developed before receipt of the submittals. Following the evaluation, Cascade should invite one or more firms to meet with its officials to discuss the work and the relative benefits of various methods of providing the desired services. Cascade shall then select the firm most highly qualified to provide the required services from among those firms. The price or cost of the service may not be considered by Cascade when determining which firm is the most highly qualified. Cascade should ensure that women- and minority-owned firms and veteran-owned firms have the maximum opportunity to compete for and obtain the contract. The level of women- and minority-owned firms’ and veteran-owned firms’ participation should be consistent with their availability within the relevant professional community. Consistent with Initiative 200, passed in 1998, however, Cascade may not discriminate against or grant preferential treatment to individuals or groups based on race, sex, color, ethnicity, or national origin.

C. After the most highly qualified firm has been chosen, Cascade must negotiate a contract with that firm for the services at a price that it determines is fair and reasonable, considering the estimated value of the services to be rendered, as well as the scope, complexity and professional nature of the services required. If a satisfactory contract cannot be negotiated, then Cascade shall formally terminate the negotiations with that firm and attempt to negotiate a contract with the next most highly qualified firm. The process shall continue until an agreement is reached or the search is terminated.

D. Exceptions. Cascade need not comply with this procurement procedure when:

1. The Cascade board finds that an emergency requires immediate execution of the work involved; or

2. Cascade intends to contract for building engineering systems, which contract includes design elements, in which event Cascade must comply with the requirements of RCW 39.04.290 instead of Chapter 39.80 RCW. “Building engineering systems” are defined as those systems where contracts for the systems customarily have been awarded with a requirement that the contractor provide final approved specifications, including fire alarm systems, building sprinkler systems, pneumatic tube systems, extensions of heating, ventilation, or air conditioning control systems, chlorination and chemical feed systems, emergency generator systems, building signage systems, pile foundations, and curtain wall systems. For such contracts Cascade may either (a) use a competitive bidding process or request for proposals process where bidders are required to provide final specifications and a bid price for the design, fabrication, and installation of building engineering systems, with the final specifications being approved by an appropriate design, engineering, and/or public regulatory body; or (b) use a competitive bidding process where bidders are required to provide final specifications for the final design, fabrication, and installation of building engineering systems as part of a larger project with the final specifications for the building engineering systems portion of the project being approved by an appropriate design, engineering, and/or public regulatory body. [Res. 2012-07 § 49; Res. 2010-17].

5.60.050 Public works contracts.

A. Contract by Sealed Bid, When Necessary. A project having an estimated cost not to exceed the sums set forth in RCW 35.23.352(1), as determined by whether one or more trades or crafts are involved, may be contracted, awarded, and/or performed by Cascade or its delegate without competitive bid. Except as otherwise set forth in this section, any other public works contract or projects whose estimated cost exceeds these limits shall be by sealed bid in accordance with RCW 35A.40.210, 35.23.352 and CWAC 5.60.060.

B. Small Works Roster. Cascade may establish either a single general small works roster or separate small works rosters for different categories of anticipated work, to award contracts for public works with an estimated value in excess of the sums set forth in RCW 35.23.352(1), as determined by whether one or more trades or crafts are involved, and less than the cost set forth in RCW 39.04.155(1) (including sales and use taxes) using the process of RCW 39.04.155(2), except as provided in subsection (E) of this section, and only if Cascade elects to create and maintain its own small works roster, the process is as follows:

1. At least once a year, Cascade shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters.

2. The small works roster or rosters shall consist of all responsible contractors who have requested to be on the list.

3. Contracts awarded off of a small works roster need not be advertised.

4. Whenever Cascade proposes to contract for work using a small works roster, Cascade shall:

a. Solicit telephone or written quotations from, whenever possible, at least five contractors on the roster, to ensure that a competitive price is established. When the estimated value of the work is from $150,000 to $300,000 (including sales and use taxes), Cascade shall, in addition to soliciting quotations from at least five contractors, notify the remaining contractors on the roster that quotations are being sought;

b. Requests 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; and

c. Cascade should ensure that women- and minority-owned firms and veteran-owned firms have the maximum opportunity to compete for and obtain the contract. The level of women- and minority-owned firms’ and veteran-owned firms’ participation should be consistent with their availability within the relevant professional community. Consistent with Initiative 200, passed in 1998, however, Cascade may not discriminate against or grant preferential treatment to individuals or groups based on race, sex, color, ethnicity, or national origin.

5. The contract shall be awarded to the lowest responsible bidder. Cascade may reject all quotations when the public interest will be served and shall include the reasons therefor in the records, which shall be open for public inspection.

6. Immediately after an award is made, an updated list of contracts awarded off of the small works roster shall be posted at Cascade’s office. The list shall identify the contractor, the work performed, the date of the award, and the location where quotations are available for public inspection.

7. Cascade may cancel an invitation for bids. Each invitation for quotations shall state that the invitation may be canceled. The notice of cancellation shall identify the request for quotations and the reason for the cancellation. The notice shall be sent to all parties that have been provided with a copy of the request for quotations.

C. Limited Public Works Process. Cascade may award a public works contract valued at less than the cost set forth in RCW 39.04.155(3)(a) (including sales and use taxes) without bid as specified in CWAC 5.60.050(A) or by using the limited public works process of RCW 39.04.155(3) as follows:

1. Cascade shall solicit electronic or written quotations from at least three contractors listed on the applicable small works roster.

2. Awards shall be made to the lowest responsible bidder.

3. After an award is made, the quotations made shall be open to public inspection and available by electronic request.

4. Cascade shall attempt to make awards equitably among the contractors on the roster. Cascade shall maintain a list of the contractors contacted and awarded a contract under the limited works process during the previous 24 months, including name of the contractor, the contractor’s registration number, the contract amount, the type of work performed and the date of award.

5. Cascade may waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage requirements of Chapter 60.28 RCW. However, Cascade shall retain the right of recovery against the contractor for any payments it makes on the contractor’s behalf.

6. Cascade may use this limited public works process to solicit and award small works roster contracts to small businesses that are registered contractors with gross revenues under $1,000,000 annually as reported on their federal tax return.

D. Exceptions. Cascade is authorized to enter into public works contracts without obtaining competitive bids or quotations in the event of an emergency. Cascade must duly enter of record a written finding of the existence of an emergency no later than two weeks following the award of the contract in accordance with RCW 39.04.280.

E. Shared Roster Service Providers. In addition to and in lieu of developing and maintaining any one or more small works rosters as authorized by subsection (B) of this section, Cascade may also join and/or enroll in MRSC Rosters, SPP Rosters or any other substantially similar shared small works roster service provider whether maintained electronically or not. Cascade is further authorized to develop and utilize procedures for soliciting, evaluating and awarding contracts from any of the above-named shared roster service providers consistent with RCW 39.04.155. Cascade’s CEO is authorized to sign on behalf of Cascade any Membership applications and/or interlocal agreements required in order to carry out this section.

F. Performance and Payment Bonds – The successful bidder for public works shall furnish a payment and performance bond as required by RCW 39.08.010 from a bonding company licensed to do business in the state of Washington in the amount equal to the total amount of the contract; provided, however, that the bond amount may, at Cascade’s option, be reduced or eliminated as authorized by applicable law and/or pro-rated according to project phase(s) or contract year. [Res. 2019-15 § 1; Res. 2015-01 § 1; Res. 2012-07 § 50; Res. 2012-04 § 1; Res. 2011-02 § 1; Res. 2010-17].

5.60.060 Formal bid process.

A. Invitation for Bids. If a formal bid process is required pursuant to RCW 35A.40.210 or 35.23.352, then an invitation for bids shall be issued which shall state the contractual terms and conditions applicable to the procurement, including without limitation the criteria to be applied in determining the lowest responsible bidder.

B. Public Notice. Public notice of the invitation for bids shall be given at least 13 days before the date of bid opening. Such notice shall be published at least once in a newspaper of general circulation in the area within the jurisdiction. The public notice shall state generally the work to be done and shall call for the bids to be sealed and filed with Cascade on or before the date and time of bid opening. Any plans or specifications for such work shall be on file at the offices of Cascade and available for public inspection at the time of publication of the notice. Bids not received by the date and time stated for bid opening will not be accepted or considered.

C. Bid Opening. Bids shall be opened publicly by Cascade’s finance director or his/her designee at the time and place designated in the invitation for bids. The amount of each bid, and such other relevant information as Cascade’s finance director deems appropriate, together with the name of each bidder, shall be recorded. The record and each bid shall be open to public inspection.

D. Bid Bonds. Each bid shall be accompanied by a bid bond in an amount not less than five percent of the bid with a corporate surety licensed to do business in Washington State or such alternative bid security (i.e., cashier’s check) as may be permitted by statute. Upon selection of a bidder, the bid bonds and/or security shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract is entered into for the work and a bond to perform such work furnished with sureties satisfactory to Cascade in the full amount of the contract price. Bid bonds may be waived, in Cascade’s sole discretion, when using the process set forth in RCW 39.04.155.

E. Lowest Responsible Bidder. Unless Cascade elects to cancel or re-bid the procurement or rejects all bids, Cascade shall award the contract to the lowest responsible bidder based on such criteria as may be established by Cascade.

F. Correction or Withdrawal of Bids – Cancellation of Awards. Correction or withdrawal of erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted by Cascade. Mistakes discovered before bid opening may be modified or the bid may be withdrawn by written notice received by the office designated in the invitation for bids prior to the time set for opening. After bid opening, corrections in or withdrawal of bids may be permitted only to the extent that the bidder can prove that a clerical or similar mistake was made and that the bid price actually intended can be determined solely from the bid documents. All decisions to permit the correction or withdrawal of bids after bid opening, or to cancel awards or contracts based on bid mistakes, shall be made by the Chief Executive Officer.

G. Bid Protest. Any bidder may file a written protest against award of the contract to the lowest responsible bidder within five business days after the bid opening. A protest submittal shall be delivered to Cascade at 520 112th Avenue NE, Suite 400, Bellevue, WA 98004 with the words “Bid Protest” prominently and clearly displayed on any outer cover containing the protest notice as well as the notice itself. The following minimum information must be included in the written protest notice: 1) the name, address and phone number (including area code) of the bidder; and 2) the bidder contact person’s name and telephone number (including area code); and 3) a statement(s) describing the nature of the protest; and 4) the Cascade project title. If no notice is received by Cascade within five business days after the bid opening, all eligible protesters will be considered to have waived their right to protest. Upon timely receipt of a protest, Cascade retains discretion to proceed as follows: (1) Suspend the award decision to allow consideration of the protest before award is made; or (2) Declare written notice of intent to award and wait a minimum of two full business days before entering into a contract. Written notice of intent to award may be issued by Cascade by public posting on Cascade’s website, www.cascadewater.org.

H. Award. The Chief Executive Officer shall submit to the Board only responsive bids deemed by Cascade’s finance director or his/her designee to comply with the invitation for bids instructions, to meet the specifications and evaluation criteria set forth in the invitation for bids, and found by the finance director or his/her designee to be received from responsible bidders. The Board may award the bid to the lowest responsible bidder, or may reject all bids, in its discretion. Subject to the procedures set forth in subsection (G) of this section for a timely filed bid protest, Cascade may award the contract to the lowest responsible bidder at any time. [Res. 2014-17 § 1; Res. 2012-07 § 51; Res. 2010-22 § 1; Res. 2010-17].

5.60.070 Records.

A. Cascade’s decisions, including the reasons therefor, with respect to (1) the rejection of quotations or bids, (2) the award of a contract to a contractor that does not have the lowest bid, (3) the award of a contract off of a small works roster, (4) an emergency purchase, or (5) the cancellation of a request for quotations or bids, shall be reduced to writing and maintained in Cascade’s files.

B. All records pertaining to (1) an invitation for quotations or bids, (2) the award of a contract, or (3) the performance of a contract (collectively, “procurement records”) shall be maintained in Cascade’s files and shall be open to public inspection as required by law.

C. All procurement records shall be retained and disposed of by Cascade in accordance with state law and any resolutions adopted by Cascade. If a contract is being funded in whole or in part by assistance from a state or federal agency, then all procurement records pertaining to that contract shall be maintained in accordance with any applicable requirements of state or federal law. [Res. 2010-17].

5.60.080 Contract management.

A. The chief executive officer shall be responsible for the management of all Cascade contracts, with authority to delegate contract management to Cascade employees or consultants in accordance with the chief executive officer’s authority.

B. The chief executive officer shall have the authority to negotiate and approve change orders that amend:

1. The contract price; provided, that the amount of the contract plus the amount of any single change order or series of change orders shall not exceed (a) $25,000 for contracts not requiring board approval, or (b) the board-authorized amount for contracts requiring board approval;

2. The time for performance by no more than 50 percent; or

3. Other terms and conditions of the contract; provided, that such modifications are within the scope of the contract as awarded.

C. The chief executive officer may delegate, in conjunction with a delegation of contract management authority, the chief executive officer’s authority to negotiate and approve change orders pursuant to subsection (B) of this section.

D. Delegations of authority under this resolution shall be strictly construed and, in case of ambiguity, a delegation shall be deemed not to have been authorized.

E. The chief executive officer shall administer, implement and enforce all contract terms and conditions; provided, however, that all decisions concerning litigation are reserved to the board.

F. The chief executive officer shall inform the board of all contracts authorized or change orders approved under the authority of this section at the board meeting immediately following such authorization or approval. [Res. 2010-17].

5.60.090 Compliance with laws.

A. Federal Funds. When procurement involves the expenditure of federal funds, purchasing shall be conducted in accordance with any applicable federal laws or regulations.

B. Grants. When procurement involves the expenditure of a grant, purchasing shall be conducted in accordance with any applicable grant laws or regulations. [Res. 2010-17].