HomeMy WebLinkAboutord2016-032WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 -191
CLEARANCES
Initial
Date
Date Received in Council Office
A�Lnda Date
Assi ned to:
twh
05.23.16
05.31.16
Introduction
Originator:
06.14.16
Finance /Council
Division Head:
E C E 9 V E D
Dept. Head:
6/28/2016
Finance /Council
MAY 2 4 2016
�
Prosecutor:
f
/a� / �� 16
7/12/2016
Finance /Council
WHATCOM COUNTY
Purchasin /Bud et:
�►1
COUNCIL
7/26/2016
Finance /Council
All
8/9/2016
Finance /Council
Executive:
' J 2-14 11(al
TITLE OF DOCUME
Ordinance Amending WCC 3.08. Purchasing System
ATTACHMENTS:
Memo, Ordinance, Code Revision
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) 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.)
Ordinance to amend WCC 3.08 Purchasing System
I
a
COMMITTEE ACTION.•
COUNCIL ACTION.•
6/14/2016: Held in Committee
5/31/2016 Introduced
6/28/2016: Discussed and Held in Committee
6/14/2016: Held in Committee
7/12/2016: Substitute held in Committee
6/28/2016: Held in Committee
7/26/2016: Held in Committee
7/12/2016: Substitute held in Committee
8/9/2016: Substitute ordinance forwarded to Council
7/26/2016: Held in Committee
for approval
8/9/2016: Substitute amended and adopted 5 -2 with
Mann and Brenner opposed, Ord. 2016 -032
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Ord. 2016 -032
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.
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PROPOSED BY: County Executive
INTRODUCTION DATE: 05/31/16
ORDINANCE NO. 2016- 032
AN ORDINANCE AMENDING WHATCOM COUNTY CODE 3.08, PURCHASING SYSTEM
WHEREAS, The County wishes to achieve greater administrative efficiencies through
clarifying purchasing processes and increasing dollar value of contracts that may be
approved administratively; and
WHEREAS, Whatcom County is unique in its limited purchasing thresholds allowed
under Executive Authority when compared to other Washington State Charter Counties and
local municipalities; and
WHEREAS, Whatcom County has improved transparency and access to contracts
and project budget reports by making them available on -line with the launch of a new public
website;
WHEREAS, It is essential and in the best interest of Whatcom County Government
and its citizens to keep work flow moving particularly during the short and busy construction
season,
NOW, THEREFORE, BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL,
Whatcom County Code 3.08 is amended to read in its entirely, as set forth in the attached
Exhibit A:
ADOPTED this 9th day of August , 2016.
r,
WHATCOM COUNTY COUNCIL'"-•,
ATTEST:
C06 0.
Y
Dana Brown- bavis, Clerk of the _.ouncil
WHATCOM COUNTY EXECUTrV,6
APPROVED AS TO FORM, -,, ,\` \'
Civil Deputy Prosecutor
Date Signed:
i/. /(.,
Page 1
WHATCOM OUNTY, WASHINGTON
B ry uchanan, Council Chair
WHATCOM _AUNTY, WASHINGTON
Jack Lou*, Cqj�nty Executive
I
enie
( Approved ( d
Whatcom County Code
Chapter 3.08 PURCHASING SYSTEM
Exhibit A
Chapter 3.08
PURCHASING SYSTEM
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.
3.08.135
Sunset Provision
3.08.140
Severability.
Page 1/5
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.
In addition, it is intended that the purchasing system be as transparent as possible, deliver timely and complete
procurement information to prospective vendors, and report successful bids, contracts and project expenditures to the
public using the County's website.
(Ord. 2013 -029 Exh. A; 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 and
ongoing improvement of the purchasing system under the direction of the county executive. (Ord. 2013 -029 Exh. A;
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.
Whatcom County Code Page 2/5
Chapter 3.08 PURCHASING SYSTEM
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. Promote a competitive procurement environment by actively soliciting subscribers to the
county's web -based purchasing notification system.
12. Review and approve bid specifications and prepare invitations to bid pursuant to provisions set forth in this
chapter.
13. Check bids for accuracy and compliance with specifications and invitation to bid.
14. Make bid recommendations on all awards to the county executive.
15. Perform such other duties as may be required to further the purposes of this chapter. (Ord. 2013 -029 Exh. A;
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 contracted work
constituting a public work and the acquisition of materials, supplies, services, tools, equipment or rental of personal
property involving amounts greater than $10,000 not exceeding $40,000. Quotations for architects and engineers are
subject to the requirements of Chapter 39.80 RCW. 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. 2013 -029 Exh. A; 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. (Ord. 2013 -029 Exh. A).
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 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.
Whatcom County Code
Chapter 3.08 PURCHASING SYSTEM
D. Acquisition is from another public entity.
E. Contract does not require use of county funds.
Page 3/5
Proposals from architects and engineers are subject to the requirements of Chapter 39.80 RCW. (Ord. 2013 -029 Exh.
A; Ord. 2007 -004 Exh. A; Ord. 97 -034 Exh. A; Ord. 93 -042 Exh. H).
3.08.070 Contractor's bond required for public works.
Whatcom County shall comply with the requirements of RCW 39.08.010. (Ord. 2013 -029 Exh. A; Ord. 2007 -004
Exh. A; Ord. 97 -034 Exh. A; Ord. 93 -042 Exh. H).
3.08.080 Labor and material claims.
Labor and material claims shall be filed pursuant to RCW 39.08.030. (Ord. 2013 -029 Exh. A; Ord. 2007 -004 Exh. A;
Ord. 97 -034 Exh. A; Ord. 93 -042 Exh. H).
3.08.090 Bid specifications, deposits and awards.
A. In developing specifications for bids or proposals, all reasonable efforts shall be made to ensure a competitive
process and 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 $40,000 for a nonpublic work or 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. All invitations for bids, requests for proposals, requests for qualifications and bid packets will be posted on the
county's website. Project announcements and bid solicitations or proposals shall be published in the official county
newspaper, and when in the county's best interest, other regional publications. Additionally, the county will offer
complimentary bid packets to multiple northwest and national plan centers. 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. 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. Instruction on how to obtain additional information, including the complete bid packet.
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.
Whatcom County Code
Chapter 3.08 PURCHASING SYSTEM
Page 4/5
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. Contracts that require county council approval per 3.08. 100 may be administratively amended to a cumulative
amount not to exceed $10,000 or 10% of contract amount, whichever is greater; larger amounts require council
approval. No administrative contract amendment may exceed authorized expenditure authority. (Ord. 2015 -011 Exh.
A; Ord. 2013 -029 Exh. A; 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. 2013 -029 Exh. A; Ord.
2007 -004 Exh. A; Ord. 97 -034 Exh. A).
3.08.100 Council approval required.
County Council approval is required for the following:
A. Contracts or bid awards exceeding $40,000 and all real property leases, except when:
1. Exercising an option contained in a contract or lease previously approved by the council.
2. Contract is for the design, construction, right -of -way acquisition, professional services, or other capital costs
approved by the county council in a capital budget appropriation ordinance.
3. Contract or bid award is for supplies or for equipment approved in a capital budget appropriation ordinance.
Whatcom County Code Page 515
Chapter 3.08 PURCHASING SYSTEM
4. Contract is for technical support and software maintenance from the developer of proprietary software which is
currently being used by Whatcom County.
5. Contract is for manufacturer's technical support and hardware maintenance of electronic systems.
6. 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.
B. All informational materials distributed to more than 20% of county residences for the purpose of informing or
educating the public on a specific capital project, levy or tax.
(Ord. 2015 -011 Exh. A; Ord. 2013 -029 Exh. A; Ord. 2007 -004 Exh. A; Ord. 2000 -025; Ord. 97 -034 Exh. A; Ord.
96 -034; Ord. 93 -042 Exh. H).
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 39.06.0 10 for highway projects for contractors who have been
prequalified as required under RCW 47.28.070). (Ord. 2013 -029 Exh. A; 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. 2013 -029 Exh. A; 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. 2013 -029 Exh. A; Ord. 2007 -004 Exh. A;
Ord. 97 -034 Exh. A; Ord. 93 -042 Exh. H).
3.08.135 Sunset Provision
The county council must renew this chapter by December 31, 2018, or the chapter will revert to the language in place
on August 1, 2016. All contracts will be administered by the Purchasing Ordinance in place at the time the contract
was signed.
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. 2013 -029
Exh. A; Ord. 2007 -004 Exh. A; Ord. 97 -034 Exh. A; Ord. 93 -042 Exh. H).