ORD 2004-05 CONTRACT APPROVALS OVER $10,000ORDINANCE NO. 2004-05
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to contracts for services other than public works;
amending Section 3.72.020; repealing Section 3.72.140; and
adding a new Chapter 3.70 to the Bainbridge Island Municipal
Code.
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1.
follows:
Section 3.72.020 of the Bainbridge Island Municipal Code is amended as
A. No formal or informal bidding shall be required for the purchase of
supplies, materials, or equipment that are not part of a public works project.
B. Staff shall continue on an ongoing basis to obtain the lowest practical
price for supplies, materials, and equipment purchased pursuant to this section.
C. Except as specifically provided in subsection D of this section, all
purchases of supplies, materials and equipment equal to or in excess of $10,000
shall be by contract approved by the city council. Nothing in this subsection
shall be construed to permit the division of a purchase into more than one phase
or unit for purposes of avoiding this limitation.
D. Any capital equipment that has been budgeted for in the city's then-
current annual budget, the cost of which does not exceed $35,000 total, may be
purchased by staff at auction or via an internet offering without prior council
approval; provided, that staff has made a good faith determination that (1) the
capital equipment may be acquired at auction or via the internet at a price lower
than or competitive with the purchase price that substantially equivalent capital
equipment would fetch on the conventional market; and (2) seeking prior
council approval of the purchase would effectively exclude staff from bidding or
otherwise participating in the auction or internet offering. For any capital
equipment purchased pursuant to this subsection D, staff shall, within 20 days of
such purchase, provide the city council with a summary report of the purchase,
which report shall include the date, nature and mechanism of the purchase and
the total purchase price paid for the capital equipment.
Section 2. Section 3.72.140 of the Bainbridge Island Municipal Code is repealed.
Section 3.
follows:
A new Chapter 3.70 is added to the Bainbridge Island Municipal Code as
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Chapter 3.70
CONTRACTS FOR SERVICES OTHER THAN PUBLIC WORKS
3.70.010 Applicability
This chapter shall govern all city contracts for professional and
nonprofessional services.
3.70.020
services.
Contract requirements for professional and nonprofessional
A. All professional and nonprofessional services to be performed
for or on behalf of the city by persons other than city employees shall be by
contract and shall be subject to the requirements set forth herein.
B. Except as set forth in BIMC 3.70.030 or as otherwise governed
by Chapter 3.72 BIMC, relating to public works, no formal or informal
bidding shall be required for the purchase of professional or nonprofessional
services.
C. Staff shall continue on an ongoing basis to obtain the lowest
practical price for professional and nonprofessional services pursuant to this
section.
D. All contracts for professional or nonprofessional services with a
value of $10,000 or more a year, or with a value likely to meet or exceed
$10,000 a year, shall be approved by the city council. Nothing in this
subsection shall be construed to permit the division of'a contract for
professional or nonprofessional services into more than one phase or unit for
purposes of avoiding this limitation.
E. Contracts for professional or nonprofessional services with a
value of less than $10,000 a year, or with a value which is not likely to meet or
exceed $10,000 a year, shall be approved by the mayor or designee; provided,
that the funds for such contracts have been appropriated in the subject budget.
If the funds for any such contract have not been appropriated in the budget,
such contract shall be approved by the council, irrespective of the value of the
contract.
F. For purposes of this section, a contract shall be deemed to have
a value of $10,000 or more if the contract on its face requires a city
expenditure of $10,000 or more in any year, or if pursuant to the terms of the
.contract, it is likely that the city's expenditures will meet or exceed $10,000 in
a year.
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3.70.030 Contract procedures for architectural or engineering
services.
A.. Once each Calendar year, the public works director shall publish
in the official newspaper, or a newspaPer of general circulation, an
announcement stating the city's projected requirements for certain.categories or
types of architectural and engineering services. The announcement shall state
concisely the general scope and nature of the project(s) or work for which the
services are required and shall provide the city's address.
B. For the purposes of this section, "architectural and/or
engineering services" shall mean professional services rendered by any
persons, otherthan as an employee of the city, contracting to perform activities
within the general definition of professional practice in Chapters 18.08, 18.43
and/or 18.96 RCW.'
C. If the city requires any architectural and/or engineering services
not contained in the city's annual announcement, the public works director
shall publish additional announcements on each occasion. An additional
announcement for architectural and/or engineering services shall be published
in the official newspaper not less than two weeks prior to the closing date for
receipt Of requests for qualifications.
D.~ In the procurement of architectural and/or engineering services,
the public works director shall encourage firms engaged in the lawful practice
of their profession to submit annually a statement of qualifications and
performance data.
E. Firms responding to the annual or additional announcements
shall submit to the public works director:
1. A proposed scope of services;
2. Performance data; and
3. A letter of interest that includes statements regarding the
availability of the firm to complete the work within the stated time period,
current references, the firm's insurance coverage and the firm's financial
stability.
F. The public works director shall evaluate current statements of
qualifications-and performance data on file, together with those that may be
submitted by other firms regarding the proposed project, and shall conduct
discussions with one or more firms regarding anticipated concepts and the
relative utility of alternate methods of approach for furnishing the required
services.
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G. The public works director shall select from the firms responding
to the city's annual or additional announcements, based upon the criteria and
guidelines established by the public' works director, the firm deemed to be the
most highly qualified to provide the services required for the proposed project.
H. After the public works director has determined the firm most
highly qualified to provide the services required, the public works director
shall negotiate a contract with that firm for the services at a price which the
public works director determines to be fair and reasonable. In making the
determination, the public works director shall take into account the estimated
value of the services to be rendered, as well as the scope, complexity, and
professional nature thereof.
If the public works director is unable to negotiate a satisfactory contract
with the firm selected at a price the director determines to be fair and
reasonable, negotiations with that firm shall be formally terminated and the
public works director shall select other firms in accordance with this section,
until an agreement is reached or the process is terminated.
I. Once the public works director has negotiated a satisfactory
contract for architectural and/or engineering services, the city .council shall
review and approve the contract.
J. The city shall not be required to comply with this section when
an emergency situation exists. In cases of emergency, contracts for
architectural and/or engineering services may be awarded pursuant to the
procedures set forth in BIMC 3.72.130.
Section 3. This ordinance shall take effect and be in force five days from and after
its passage, approval and publication as required by law.
PASSED by the City Council this 24th day of March; 2004.
APPROVED by the Mayor this 25th day of March, 2004.
ATTEST/AUTHENTICATE:
S~~per~, 'Ci~
Darlene Kordonowy, Mayor
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FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO: 2004-05
February 12, 2004
March 24, 2004
March 31, 2004
April 5, 2004
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