Chapter 2.90
CONTRACTS
Sections:
2.90.020 Mayor’s authority to execute minor and emergency contracts.
2.90.030 Reporting of execution of contracts.
2.90.040 Mayor may seek city council approval of any contract.
2.90.010 Definitions.
A. “Authorized staff” means a city employee who has been authorized in writing by their department director to make purchases of materials, supplies or equipment, including technology services, systems or equipment.
B. “Competitive bid” refers to the process for obtaining bids and awarding contracts for construction of a “public work,” as provided in RCW 35A.40.200, Chapter 39.04 RCW, RCW 35.23.352 and statutes cited therein.
C. “Competitive negotiation” means the process for acquisition of electronic data processing and telecommunications equipment, software, services or systems as provided in RCW 39.04.270.
D. “Emergency contract” means a contract to address an “emergency” as defined in RCW 39.04.280, and/or where the failure to execute such contract within a specific time frame would result in the loss or potential loss of revenue to the city, and having a deadline for execution and return to the other party for which there is not time to obtain prior city council approval.
E. “Minor contract” means any one of the following:
1. A contract for any purpose meeting all of the following conditions:
a. The term is three years or less;
b. Funds have been appropriated by city council in the biennial budget; and
c. The contract does not require expenditures that exceed available fund balances.
2. Contracts with third parties renewing an existing contract for services on the same or substantially similar terms as the existing contract.
3. Contracts creating no financial liability on the part of the city that are for the sole purpose of becoming eligible to receive revenues.
4. Contracts with other public agencies for the exchange of information, for confidentiality for participation in legal proceedings, or other purposes of a like nature not involving financial obligations.
5. Contracts that are for the sole purpose of housekeeping changes or clarifications to an existing contract where such changes do not alter any material term or condition.
F. “Manager” means the manager of any division within a city department, e.g., the parks, streets or utilities divisions of the parks and public works department.
G. “Purchase cooperative” means an intergovernmental agency created or established via interlocal agreement for the purpose of obtaining competitive bids from vendors/suppliers of municipal supplies, materials and/or equipment, as authorized pursuant to RCW 39.34.030(5).
H. “Interlocal agreement” refers to the use of an interlocal agreement with another governmental entity to provide the city the ability to purchase materials, supplies or equipment using the results of the bid process followed by the other governmental entity, as allowed pursuant to RCW 39.34.030(5).
I. “Small works roster” refers to the process of inviting quotations from and awarding a contract to a contractor included on a list of public works contractors available to perform public works projects for the city, as allowed pursuant to RCW 35.23.352 and 39.04.155.
J. “Limited small works roster” refers to the process of inviting quotations from and awarding a contract to a contractor included on a subset of contractors listed on the small works roster, as allowed pursuant to RCW 39.04.155(3).
K. “Technology systems and services” means electronic data processing and telecommunications equipment, software, services or systems, as those terms are used in RCW 39.04.270 and 36.92.020(5).
L. “Vendor roster” refers to the process of inviting quotations from a list of vendors from whom the city may purchase materials, equipment, supplies or services, which list is maintained pursuant to RCW 35.23.352(9) and 39.04.190. (Ord. 1227 § 2, 2020; Ord. 1132 § 1, 2014; Ord. 1034 § 1, 2008).
2.90.020 Mayor’s authority to execute minor and emergency contracts.
A. The mayor or his or her designee(s) is/are hereby authorized to purchase materials, supplies and equipment and execute minor contracts without individual city council approval of each contract, subject to compliance with the following:
1. Applicable dollar limits, procedural requirements and approval processes identified in the Purchasing and Contracting Matrix set forth in subsection C of this section;
2. All federal, state and local laws, regulations and/or ordinances applicable to the approval processes identified in the Purchasing and Contracting Matrix set forth in subsection C of this section;
3. If the minor contract pertains to a public work, the project is included on the applicable capital improvement program (utility or parks/streets);
4. Where a competitive acquisition/contract award process is not required for the purchase of materials, supplies, or equipment by the applicable portion of the Purchasing and Contracting Matrix set forth in subsection C of this section, city staff/managers/department directors will nevertheless attempt to obtain the lowest practical price for such materials, supplies, and/or equipment.
B. The mayor or his designee is hereby authorized to execute emergency contracts without prior city council approval.
C. Purchasing and Contracting Matrix.
|
Procurement Category |
Dollar Limit |
Procedural Requirement(s) |
Approval Authority |
Required Secondary Approval |
|
|---|---|---|---|---|---|
|
Materials, Supplies, and Equipment |
|||||
|
Materials, Supplies, and Equipment (Including Capital Equipment) |
Under $1,000 |
None |
Authorized Staff |
None1 |
|
|
$1,000 – $7,500 |
None |
Authorized Staff |
Manager |
||
|
Over $7,500 – $15,000 |
Purchase Cooperative, Vendor Roster, or Formal Competitive Bid |
Manager |
Department Director |
||
|
Over $15,000 – $50,000 |
Purchase Cooperative, Interlocal Agreement or Formal Competitive Bid |
Department Director |
Mayor or City Administrator |
||
|
Over $50,000 |
Purchase Cooperative, Interlocal Agreement or Formal Competitive Bid |
Mayor or City Administrator |
City Council |
||
|
Personal Services |
|||||
|
Architectural, Engineering and Landscape Architect Services (A&E) |
Under $15,000 |
MRSC Consultant/Vendor Roster or On-Call Contract |
Manager |
Department Director |
|
|
$15,000 – $50,000 |
MRSC Consultant/Vendor Roster or On-Call Contract |
Department Director |
Mayor or City Administrator |
||
|
Over $50,000 – $100,000 |
MRSC Consultant/Vendor Roster or On-Call Contract |
Mayor or City Administrator |
City Council |
||
|
Over $100,000 |
MRSC Consultant/Vendor Roster, On-Call Contract or Request for Qualifications |
Mayor or City Administrator |
City Council |
||
|
General or Purchased Services (Other Than A&E) |
Under $15,000 |
None or Vendor Roster |
Manager |
Department Director |
|
|
$15,000 – $50,000 |
Purchase Cooperative, Vendor Roster or None |
Department Director |
Mayor or City Administrator |
||
|
Over $50,000 |
Purchase Cooperative, Interlocal Agreement (of any dollar amount), Vendor Roster or None |
Mayor or City Administrator |
City Council |
||
|
Technology Systems and Services |
|||||
|
Technology Systems and Services |
Under $7,500 |
None |
Authorized Staff |
Manager |
|
|
$7,500 – $15,000 |
Purchase Cooperative, Consultant/Vendor Roster, or Competitive Negotiation |
Manager |
Department Director |
||
|
Over $15,000 – $50,000 |
Purchase Cooperative, Consultant/Vendor Roster, or Competitive Negotiation |
Department Director |
Mayor or City Administrator |
||
|
Over $50,000 |
Purchase Cooperative, Consultant/Vendor Roster, or Competitive Negotiation |
Mayor or City Administrator |
City Council |
||
|
Public Works |
|||||
|
Public Works Project Staff Labor |
Single Craft |
Under $75,500 |
None |
Manager |
Department Director |
|
Multi Craft |
Under $116,155 |
None |
Manager |
Department Director |
|
|
Public Works Contract |
Under $7,500 |
None |
Authorized Staff |
Manager |
|
|
$7,500-$50,000 |
Limited Small Works Roster or Small Works Roster |
Manager |
Department Director |
||
|
Over $50,000 – $116,155 |
Small Works Roster or Formal Competitive Bid |
Department Director |
Mayor or City Administrator |
||
|
Over $116,155 – $350,000 |
Small Works Roster or Formal Competitive Bid |
Mayor or City Administrator |
City Council |
||
|
Over $350,000 |
Formal Competitive Bid |
Mayor or City Administrator |
City Council |
||
|
Amendments and Change Orders |
|||||
|
Contract Amendments (Services) |
No Value Change |
None2 |
Manager |
Department Director |
|
|
Under $35,000, cumulatively |
None2 |
Department Director |
Mayor or City Administrator |
||
|
Over $35,000, cumulatively |
None2 |
Mayor or City Administrator |
City Council |
||
|
Change Orders (Public Works) |
No Value Change |
None2 |
Manager |
Department Director |
|
|
Under $35,000, cumulatively |
None2 |
Department Director |
Mayor or City Administrator |
||
|
Over $35,000, cumulatively |
None2 |
Mayor or City Administrator |
City Council |
||
1 While prior approval for materials, supplies, and equipment purchased by authorized staff under $1,000 is not required by this section, credit card statements or reimbursement requests may require director and/or city administrator approval pursuant to city financial policies.
2 While contract amendments and change orders do not require a competitive process, they shall be processed in accordance with the specifications or procedural requirements set forth in the underlying contract. And, the proposed scope of any change order or contract amendment must not deviate from the original scope of work in such a manner or degree that it constitutes a separate project.
(Ord. 1227 § 2, 2020; Ord. 1034 § 1, 2008).
2.90.030 Reporting of execution of contracts.
A. The mayor shall present a written report of the execution of all minor contracts, on a monthly basis at a regular meeting of the city council finance and administration committee.
B. The mayor shall provide a written report of the execution of all minor contracts to members of the city council, as part of the monthly finance report.
C. The mayor shall notify all members of city council of the execution of all emergency contracts prior to execution thereof, or as soon thereafter as possible and, when required, shall present written findings for city council adoption as provided by RCW 39.04.280(2)(b). (Ord. 1227 § 2, 2020; Ord. 1132 § 2, 2014; Ord. 1034 § 1, 2008).
2.90.040 Mayor may seek city council approval of any contract.
Notwithstanding the authority delegated to the mayor by this chapter, the mayor may in his discretion bring any contract forward for approval by the city council. (Ord. 1227 § 2, 2020; Ord. 1034 § 1, 2008).