HomeMy WebLinkAboutR-2415 - Delegating Contraction Authority, Establishing Minimum Procurement Procedures, and Repealing Resolution No. 2327CITY OF MARYSVILLE
Marysville, Washington
RESOLUTION NO. 2. t.f I)"
A RESOLUTION OF THE CITY OF MARYSVILLE DELEGATING
CONTRACTING AUTHORITY, ESTABLISHING MINIMUM
PROCUREMENT PROCEDURES, AND REPEALING
RESOLUTION NO. 2327
WHEREAS, Washington State law requires the City to follow certain procedures in
bidding and awarding public work projects, requires the City to follow certain procedures in
procuring specified services, and otherwise allows the City Council to establish the manner in
which the City procures public works, goods, and services; and
WHEREAS, the City desires to establish provisions for interlocal cooperative purchasing
agreements as allowed under RCW 39.34; and
WHEREAS, the City Council desires to delegate its contracting authority, in accordance
with this Resolution, to allow the City to serve the public good by procuring public works ,
goods, and services in an efficient and effective manner that complies with State law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARYSVILLE, WASHINGTON, AS FOLLOWS:
Section 1. Delegation of Contracting Authority and Reservation of Council Approval.
The City Council must approve the following agreements prior to the Mayor executing them:
a. All agreements with a total cost of $75,000 or greater.
b . All interlocal agreements.
c . All change orders, amendments, or supplemental agreements modifying an
existing agreement that had an original total cost of $75,000 or greater.
d. All change orders, amendments, or supplemental agreements modifying an
existing agreement that had an original total cost ofless than $75,000 but where
the cumulative total of the original agreement and all change orders, amendments,
and supplemental agreements will exceed $75,000.
The Mayor may otherwise execute agreements, as necessary, without Council approval , provided
that the agreement is solicited and awarded in accordance with the minimum procedures
contained in this Resolution and such further procedures as the Mayor, Chief Administrative
Officer, or Finance Director may adopt that are not inconsistent with this Resolution.
Section 2. Minimum Procurement Requirements.
City staff shall follow, at a minimum, the procedures listed below, and such further procedures as
the Mayor, Chief Administrative Officer, or Finance Director may adopt that are not inconsistent
with this Resolution. Procedures are not inconsistent if they require, for a particular procurement,
more process or more competition than specified in this Resolution.
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a. Purchase of Goods, Materials, and Supplies (unrelated to a public work). The
procurement of goods, materials, and supplies must comply with the table below:
Limit* Minimum Requirement
$0-$7,499 Single Quote -Department Heads may use a local purchase order or
purchasing card.
$7,500 -$34 ,999 Minimal Competition -City staff must obtain verbal quotes from at
least three suppliers.
$35 ,000 -$149,999 Informal Competition -City staff must obtain written quotations
from at least three suppliers.
$150,000 and Above Formal Competition -City staff must utilize competitive bidding.
*Including applicable taxes and freight
b. Services.
1. Architectural and Engineering Professional Services. City staff must comply
with chapter 39.80 RCW for procuring professional services within the
architectural, engineering, land surveying, or landscape architecture
professions.
11. Other Services. City staff must utilize the level of competition that is practical
under the circumstance and follow any guidance from the Legal Department.
Where price alone is not the determining factor, staff may utilize requests for
proposals.
c. Public Work. Procurements involving a public work of the City must comply with the
minimum competition listed in the table below (staff may always utilize any greater
competition listed for higher dollar thresholds):
Limit Minimum Competition Limit Minimum Competition
$0 -7,499 Single Quote $0-$7,499 Single Quote
$7 ,500 -$39,999 Minimal Competition $7 ,500 -$64,999 Minimal Competition
(three verbal quotes) (three verbal quotes)
$40,000 -Small Works Roster (at $65,000-Small Works Roster (at
$299,999 least five contractors) $299,999 least five contractors)
$300 ,000 and Competitive Bidding $300,000 and Competitive Bidding
Above Above
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Section 3. Cooperative Purchasing.
The City must enter into an interlocal cooperative purchasing agreement, in accordance with the
provisions set forth in RCW 39.34 as currently written or hereafter amended, prior to executing
an agreement for a cooperative purchase .
When purchases are made from a contract awarded by another public agency and where an
interlocal cooperative purchasing agreement is in place, any statutory obligation to provide
notice for bids or proposals that applies to the City is satisfied if the public agency or group of
public agencies that awarded the bid, proposal, or contract complied with its own statutory
requirements and either (1) posted the bid or solicitation notice on a website established and
maintained by a public agency, purchasing cooperative or similar service provider, for purposes
of posting public notice of bid or proposal solicitations, or (2) provided an access link on the
state's web portal to the notice.
The City may include, in any invitation to bid, request for proposals, or other solicitation notice
that the City participates in cooperative purchasing and that other public agencies may desire to
place orders in accordance with the awarded contract. Bidders/proposers may be asked to
indicate if they agree to allow orders from other public agencies that have an interlocal
cooperative purchasing agreement with the City.
Section 4. Grant Funds.
In order to insure that procurements with grant funds are handled appropriately, that the process
is transparent, and that all areas of procurement accountability are address, procurements with
grant funds must follow the more restrictive of: (1) this Resolution, (2) any procedures adopted
by the Mayor, Chief Administrative Officer, or Finance Director, or (3) the requirements
applicable to the grant funds .
Section 5. Federal Grant Funds.
a. Procurement Policy .
In order to insure that procurements with Federal grant funds are handled appropriately, that the
process is transparent, and that all areas of procurement accountability are address, procurements
with Federal grant funds must follow the more restrictive of: (1) this Resolution, (2) any
procedures adopted by the Mayor, Chief Administrative Officer, or Finance Director, or (3) the
requirements of the Federal grant or Federal law and regulations.
b. Code of Ethics.
City staff involved in the procurement of goods and services with Federal grant funds shall have
a full understanding of the Federal awarding agency's conflict of interest policies applicable to
the award.
City staff involved in the procurement of goods and services with Federal grant funds must
disclose in writing any potential conflict of interest to the Federal awarding agency or pass-
through entity in accordance with applicable Federal awarding agency policy .
City staff involved in the procurement of goods and services with Federal grant funds must
comply with State law and the City's Code of Ethics, codified in chapter 2.80 of the Marysville
Municipal Code.
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Section 6. Exceptions and Waiver of Competi ti ve Procurement.
Notwithstanding the procedures identified in this Resolution, nothing shall prohibit City staff and
the Mayor from soliciting or entering into an agreement as otherwise authorized by State law. To
the extent authorized by State law, the City Council waives competitive procurement
requirements in the following situations and any other situations authorized by state law :
( 1) Purchases that are clearly and legitimately limited to a single source of supply ;
(2) Purchases involving special facilities or market conditions;
(3) Purchases in the event of an emergency;
( 4) Purchases of insurance or bonds;
(5) Public works in the event of an emergency; and
(6) Purchases supplies, materials , or equipment through an auction conducted by the
United States or an agency thereof, an agency of the state of Washington, a
municipality, or other government agency, or a private party if the items can be
obtained at a competitive price.
Section 7. Administration. Administration of this Resolution is the responsibility of the
Finance Director.
Section 8. Repealer. Resolution No . 2327 is hereby repealed for the reason that it is
replaced by this Resolution.
PASSED by the City Council and APPROVED by the Mayor this __lL_ day o f m'"J . 2017.
CITY OF MARYSVILLE
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Jon Nehrmg, Mayor
APPROVED AS TO FORM:
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