HomeMy WebLinkAboutord2013-029 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-206
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: 5/23/13 np p ® 6/04/13 Intro.
Division Head: 6/18/13 Finance/Council
Dept.Head: MAY 2 8 2013
Prosecutor: b565/in WHATCOM COUNTY
Purchasing/Budget: 5/23/13 COUNCIL
Executive: .51-z
TITLE OF DOC NT: Ordinance revising Whatcom County Code WCC 3.08, Purchasing System
ATTACHMENTS: Ordinance & Memo
SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a hearing ? ( . ) Yes (!L) NO
SEPA review completed? ( ) Yes (x ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC
as appropriate. Be clear in explaining the intent of the action.)
This ordinance clarifies the purchasing process and updates the purchasing thresholds to the limits allowed by
state law and increases the dollar value of contracts that may be approved administratively.
COMMITTEE ACTION: COUNCIL ACTION:
6/18/2013: Amended and forwarded to Council 6/04/2013: Introduced
for approval 6/18/2013: Council Amended & Adopted 6-1,
Brenner opposed
Ord. 2013-029
Related County Contract#: Related File Numbers: Ordinance or Resolution
Number: Ord. 2013-029
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and
printing on the County's website at: www.co.whatcom.wa.us/council.
1 INTRODUCED BY: Consent
2 PROPOSED BY: Executive
3 DATE INTRODUCED: June 4, 2013
4
5
6 ORDINANCE NO. 2013-029
7
8 AN ORDINANCE AMENDING WCC 3.08, PURCHASING SYSTEM
9
10 WHEREAS, Washington State has updated the laws governing county purchasing
11 activities, and
12 WHEREAS, Whatcom County has generated cost savings by eliminating functions
13 which formerly were components of the purchasing system, and
14 WHEREAS, the County wishes to achieve greater administrative efficiencies through
15 clarifying purchasing processes, updating purchasing thresholds to the limits allowed in state law
16 and increasing the dollar value of contracts that may be approved administratively,
17 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
18 Whatcom County Code 3.08 is amended to read, in its entirety, as set forth in the attached
19 Exhibit A.
20
21
22 `....11 0 (Ili• '' day of June , 2013.
23 - x 'l
24 i:yk'JT C p ..
25 •26 •:.04- GQ13 ; E.. WHATCOM COUNTY COUNCIL
27 rA- e s WHATCOM OUNTY, WASHINGTON
28 -, Alai, - -,
29
30 Darr4,Brown-i s,• 4. ICath ers :- -, Chairperson
31 C1erk''et,f�the Courucilx \, '
32 ''��,,,�,��s��►''�
33 A PROVED AS TO FORM
34
36 Civil Deputy Prosecutor Jack Lo s, County ah ecutive
37
38 . oved Deg ed
39 ate Signed: • Z
40
Exhibit A
Sections:
3.08.010 Purpose.
3.08.020 Administration.
3.08.030 Authority and functions.
3.08.040 Price quotations.
3.08.050 Vendor lists
3.08.060 Bids and proposals required.
3.08.070 Contractor's bond required for public works.
3.08.080 Labor and material claims.
3.08.090 Bid specifications, deposits and awards.
3.08.095 Small works roster contract award process.
3.08.100 Council approval required.
3.08.110 Unregistered or unlicensed contractors prohibited.
3.08.120 Joint purchasing.
3.08.130 Amendments to chapter.
3.08.140 Severability.
3.08.010 Purpose.
It shall be the purpose of this chapter to establish a purchasing system to work with all county
departments, agencies, boards and commissions, and other operations of the county to ensure
efficiency in procurement of supplies and equipment of the necessary quality at the lowest
possible cost; to ensure compliance with purchasing statutes, regulations, policies and
procedures; to ensure efficient utilization of county property, new and used; and to minimize
employee time devoted to purchasing functions. (Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord.
93-042 Exh. H).
3.08.020 Administration.
The director of the administrative services department shall have full authority and responsibility
for the operation of the purchasing system under the direction of the county executive. (Ord.
2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.030 Authority and functions.
A. The authority to recommend and implement administrative policies and procedures that
provide a comprehensive basis for purchasing functions shall fall under the purview of the
purchasing system.
B. The following responsibilities shall be coordinated through the purchasing system.
1. Continue to improve services to departments and agencies in the area of purchasing.
2. Develop automated requisition and reporting systems.
3. Improve purchasing productivity and control for all departments.
4. Standardize high volume purchases.
5. Develop efficient policies and procedures for acquiring goods and services.
6. Implement inventory controls and minimize costs of goods and services.
7. Prepare and make available to all departments standardized forms for requisitions,
vouchers, inventories and any other form required for county operations.
8. Assign purchase order numbers for the acquisition of supplies, materials, equipment,
tools, services, rental of personal property, professional services and contracted public
works exceeding $2,500.
9. Maintain vendor list pursuant to RCW 39.04.190
10. Whenever practically possible, contact at least three vendors to assure competitive
pricing.
11. Review and approve bid specifications and prepare invitations to bid pursuant to
provisions set forth in this chapter.
12. Check bids for accuracy and compliance with specifications and invitation to bid.
13. Make bid recommendations on all awards to the county executive.
14. Perform such other duties as may be required to further the purposes of this chapter.
(Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.040 Price quotations.
Whenever practically possible, price quotations from at least three vendors shall be solicited for
the acquisition of materials, supplies, services, tools, equipment or rental of personal property
involving amounts greater than $5,000 but not exceeding $25,000 in a single transaction. Three
price quotations will also be obtained for all contracted work constituting a public work not
exceeding $40,000. Quotations for architects and engineers are subject to the requirements of
RCW Chapter 39.80. Records of all quotations obtained shall be maintained and shall be open to
public inspection. Bids submitted periodically for the roster of rental equipment with operators
may be used as the source of quotations for public works projects not exceeding $40,000. (Ord.
2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.050 Vendor lists.
Whatcom County will maintain a vendor list pursuant to RCW 39.04.190
Deleted by Ord. 97-034. (Ord. 93-042 Exh. H).
3.08.060 Bids and proposals required.
Awards of contracts for the acquisition of materials, supplies, services, tools, equipment or rental
of personal property and professional services for a non-public work involving amounts exceeding
$25,000, or for a public work exceeding $40,000, will be based upon bids or proposals received in
response to specifications and invitations to bid, except as follows:
A. Sole source purchases shall not be required to go through competitive bidding. A purchase
may be determined to be sole source by the county executive or designee when the bidding
process would be futile because only one bidder could respond to the invitation.
B. In the event of an emergency when the public interest or property of the county would suffer
material injury or damage by delay, upon an order of the county executive declaring the existence
of such emergency and reciting the facts constituting same, the requirements governing
competitive bids with reference to any purchase or contract may be waived pursuant to RCW
36.32.270.
C. Public works projects involving funds not exceeding the amount allowed in RCW 39.04.155,
Small works roster contract procedures— Limited public works process, or any successor statute,
may be completed utilizing the small works roster contract award process. (Ord. 2007-004 Exh.
A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
D. Acquisition is from another public entity.
E. Contract does not require use of county funds.
Proposals from architects and engineers are subject to the requirements of RCW Chapter 39.80.
3.08.070 Contractor's bond required for public works.
Whatcom County shall comply with the requirements of RCW 39.08.010
3.08.080 Labor and material claims.
Labor and material claims shall be filed pursuant to RCW 39.08.030
3.08.090 Bid specifications, deposits and awards.
A. In developing specifications for bids or proposals, all reasonable efforts shall be made to
ensure that a variety of vendors shall be capable of fulfilling the stated requirements of the
county. Performance considerations shall be included in the specifications. However, nothing in
this section shall be construed to limit the county from pursuing sole source procurement where
adequate justification has been presented that such procurement is in the best interests of county
operations.
B. When the acquisition of materials, supplies, purchased services, tools, equipment, rental of
personal property or professional services involves amounts greater than $25,000 in a single
transaction for a non-public work award or exceeding $40,000 for a public work award, the
administrative services department shall be responsible for the review and approval of
specifications and the preparation of invitations to bid pursuant to provisions set forth in this
chapter.
C. All bid specifications shall be in writing and placed on file for public inspection.
D. An advertisement that written specifications are on file and available for public inspection shall
be published in the official county newspaper. Advertisements shall be published at least once in
each week for two consecutive weeks prior to the last date upon which bids will be received and
may be published for as many additional publications as shall be considered in the county's
interest. Such advertisement shall state:
1. The date after which bids will not be received;
2. The character of the work to be done, or the materials, equipment or service to be
purchased; and
3. Where the specifications may be seen.
E. No bid shall be considered for public works unless it is accompanied by a bid deposit in the
form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount
equal to five percent of the amount of the bid proposed.
F. Should the bidder to whom the contract is awarded fail to enter into the contract or fail to
furnish the contractor's bond within 10 days (exclusive of the date of notice) after notice of the
award, the amount of the bid deposit shall be forfeited to the county. Thereafter, the award shall
be made to the next lowest responsive bidder. The bid deposit of an unsuccessful bidder(if his
bid deposit has not been forfeited) shall be returned after the required contractor's bond of the
successful bidder has been accepted.
G. Bids received shall be opened and read in public on the date named in the advertisement for
bids, or on a subsequent date established in a bid addendum.
H. After opening, all bids shall be reviewed and referred to the requisitioning department for
recommendation of award. Bids will be forwarded by the director of the administrative services
department or designee with a recommendation to the county executive for award.
I. After opening and award, all bids shall be filed for public inspection, and available by telephone
inquiry.
J. Any or all bids may be rejected for good cause. If all bids are not rejected, the award shall be to
the lowest responsive bidder. In determining which is the lowest responsive bidder, the county
may take into consideration the bidder's responsiveness to the county's requirements, the quality
of the articles to be purchased or leased, availability of parts and service, delivery time, the tax
revenue the county would receive from purchasing from a supplier located within its boundaries
and prior dealings with the bidder.
K. The county may issue requests for proposals for services, or for technologically complex
equipment including but not limited to computers, software, or telephone systems. If all proposals
are not rejected, the award shall be to the highest rated proposal, taking into account the
selection criteria published in the request for proposals.
L. The county may award to multiple bidders for the same commodity or service when the bid
specifications provide for special circumstances in the determination of which vendor is truly the
lowest price to the county. Special circumstances may include differences in ability to deliver,
delivery time, availability of material, special loading or unloading conditions, total cost including
transport or labor if not included with bid item, performance of the delivered material, location of
the source, and proximity to the delivery point.
M. The county executive may administratively amend and execute capital improvement project
contracts within the approved capital budget appropriation.
N. Contracts entered into by the county may be administratively amended to a cumulative amount
not to exceed $10,000 or 10 percent of the original contract, whichever is greater; larger amounts
require council approval.
O. Amendments to existing contracts which involve externally funded pass-through moneys may
be approved by the county executive without council approval in any amount. (Ord. 2007-004
Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.095 Small works roster contract award process.
This section may be utilized in the acquisition of contractual services necessary to complete
public works projects as allowed under RCW 36.32.250, and consistent with RCW 39.04.155, in
order to use a small works roster contract award process in lieu of formal sealed bidding, the
county shall:
A. Publish at least twice each year in the official county newspaper a notice of the existence of
the roster and solicit the names of contractors that are qualified for the requested categories of
work. Notice shall be published at least once in each week for two consecutive weeks prior to the
last date upon which response to the notice will be received, and may be published for as many
additional publications as shall be considered in the county's interest.
B. In every case a certain category of work is to be accomplished under this section, all
contractors responding to the above notice and indicating their qualification to perform the
category of work proposed shall be contacted and provided an invitation to bid.
C. Include in the invitation to bid the date on which bids will be received, the scope and nature of
work to be performed, the materials and equipment to be furnished, and, if not provided otherwise
in the invitation to bid, where the detailed plans and specifications may be seen and obtained.
D. Otherwise apply the provisions of WCC 3.08.090(B), (E), (F), (G), (H), (I), (J), and (M)
E. Forgo the advertisement of a contract awarded through use of the small works roster. (Ord.
2007-004 Exh. A; Ord. 97-034 Exh. A).
3.08.100 Council approval required.
Contracts for professional services exceeding $20,000, bids exceeding $50,000 and all real
property leases must be submitted to the county council for approval, except when:
A. Exercising an option contained in a contract or lease previously approved by the council;
B. Contract is for the design, construction, right-of-way acquisition or other capital costs for capital
projects which are within the appropriation approved by the county council in a capital budget
appropriation ordinance;
C. Contract is for technical support and software maintenance from the developer of proprietary
software which is currently being used by Whatcom County.
D. Contract is for manufacturer's technical support and hardware maintenance of electronic
systems.
E. Pursuant to and within the scope of a declaration of emergency made by the county executive
under WCC 3.08.060(B). The county executive, pursuant to a declaration of emergency, shall
submit the contract to the county council for informational purposes at the council's next regular
or special meeting. (Ord. 2007-004 Exh. A; Ord. 2000-025; Ord. 97-034 Exh. A; Ord. 96-034; Ord.
93-042 Exh. H).
Contracts and interlocal agreements which do not require the use of county funds may be
approved administratively by the County Executive.
3.08.110 Unregistered or unlicensed contractors prohibited.
No contract shall be entered into or executed with any contractor who is not registered or licensed
as required by the laws of this state (except only as permitted under RCW 39.06.010 for highway
projects for contractors who have been prequalified as required under RCW 47.28.070). (Ord.
2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.120 Joint purchasing.
The county may enter into agreements with the state or with any agency, political subdivision, or
unit of local government to purchase goods or services cooperatively. Joint purchasing services
are hereby authorized and encouraged with any other municipal corporation in Whatcom County.
Assistance to the participating municipal corporation may be given in any way except that a sale
or contract shall be between the vendor and the participating municipal corporation and not
Whatcom County. Bids and quotes may be obtained jointly based on volume if it is in the county's
best interest to do so. (Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.130 Amendments to chapter.
The county council reserves the exclusive right to alter, amend, rescind, abrogate, delete,
supersede or replace the provisions of this chapter, or any part thereof, in any manner not
inconsistent with state law. Whether or not the county council takes action, the provisions of this
chapter shall be deemed automatically altered, amended, or superseded to conform to any
mandatory state administrative ruling or statute, as of the effective date of any such enactment
appertaining to the matters covered in this chapter, to the effect that the provisions of this chapter
shall at all times conform to, and never conflict with, said state laws and regulations. (Ord. 2007-
004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).
3.08.140 Severability.
If any provision of this chapter is held to be invalid, the remainder of the chapter shall remain in
effect. (Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H).