HomeMy WebLinkAboutord2022-046Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
' Bellingham, WA 98225-4038
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Agenda Bill Master Report
File Number: AB2022-280
File ID: AB2022-280 Version: 1 Status: Adopted as Amended
File Created: 05/02/2022 Entered by: THelms@co.whatcom.wa.us
Department: County Executive's File Type: Ordinance
Office
Assigned to: Council Finance and Administrative Services Committee Final Action: 06/07/2022
Agenda Date: 06/07/2022 Enactment #: ORD 2022-046
Primary Contact Email: BBennett@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code Section 3.08.095, Small Works Roster Contract Award
process, to update requirements for Bids and Proposals
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
See attached
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
05/10/2022 Council INTRODUCED Council Finance and
Administrative Services
Committee
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
05/24/2022 Council Finance and Administrative FORWARDED TO COUNCIL
Services Committee WITH RECOMMENDED
MOTION(S)
Aye: 3 Byrd, Frazey, and Kershner
Nay: 0
Absent: 0
Whatcom County Page 1 Printed on 61812022
Agenda Bill Master Report Continued (AB2022-280)
05/24/2022 Council HELD IN COMMITTEE Council Finance and
Administrative Services
Committee
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
06/07/2022 Council Finance and Administrative
Services Committee
06/07/2022 Council
Aye: 2
Nay: 1
Absent: 0
Aye: 5
Nay: 2
Absent: 0
RECOMMENDEDFOR
ADOPTION WITH
PROPOSED
AMENDMENT(S)
Frazey, and Kershner
Byrd
ADOPTED AS AMENDED
Buchanan, Donovan, Frazey, Galloway, and Kershner
Byrd, and Elenbaas
Attachments: Original Proposed Ordinance, Proposed Ordinance with Kershner Amendment
Whatcom County Page 2 Printed on 6/8/2022
PROPOSED BY: Executive
INTRODUCTION DATE: 5/10/22
ORDINANCE NO. 2022-046
AMENDING WHATCOM COUNTY CODE SECTION 3.08.095 (SMALL
WORKS ROSTER CONTRACT AWARD PROCESS) TO UPDATE
REQUIREMENTS FORBIDS AND PROPOSALS
WHEREAS, WCC 3.08.060 currently requires all awards of contracts for
professional services exceeding $40,000.00 be based upon bids or proposals in response to
specifications and invitations to bid subject to the provisions of WCC 3.08.090; and
WHEREAS, the Whatcom County acquires services from non-profit organizations
and limits compensation to direct costs of providing services plus documented overhead;
and
WHEREAS, the request for proposal process is time consuming and frequently
does not add value to the process due to a lack of competitive nature of non- profit social
services; and
WHEREAS, the Whatcom County seeks to establish procedures for acquiring
services from non-profit organizations that reimburses their costs of providing services
without requiring time consuming request for proposals;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that WCC
3.08.060 is hereby amended as presented in Exhibit A for two years following the effective
date of this ordinance.
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D" a Br'o' ►•�fi,Qfivl';,,Clerk.6fthe Council
APPROVED AS TO FORM:
Christopher Quinn per email 05/02 2022
Civil Deputy Prosecutor
2022.
WHATCO OUNTY COUNCIL
WHATC OUNTY, WASHINGTON
Todd Do ovan, Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
Satpal Sidhu, County Executive
( ) Approved ( ) Denied
Date Signed: Jvre-
EXHIBIT "A'
WCC 3.08.060 PURCHASING SYSTEM
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 provided below:
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 under
RCW 39.04.155, or any successor statute, may be completed utilizing the
small works roster contract award process pursuant to WCC 3.08.095.
D. Acquisition is from another public entity.
E. Contract does not require use of county funds.
F. The procurement of professional services may be completed utilizing the
consultant roster award process pursuant to WCC 3.08.096.
G. Unless required by law, contract is for services from an organization and
contract terms limit payment to the reimbursement of direct wages and benefits,
supplies and overhead at the greater of 10% or the approved federal indirect
overhead rate. This clause shall be in effect until June 18, 2024.