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Home My WebLink About05/09/2023 - Agenda Packet AGENDA EQUITY COMMISSION 5:30 PM -Tuesday, May 9, 2023 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note this regular meeting of the Renton Equity Commission is being offered as a hybrid meeting and can be attended in person in the Council Chambers, Renton City Hall, 7th Floor, 1055 South Grady Way, Renton, 98057 or remotely through Zoom. Commission members are attending this meeting in person. For those wishing to attend by Zoom, please (1) click this link: https://us06web.zoom.us/j/86081195653?pwd=Y0dHSWs2bTV0MnYrcnZSY0sxZXl0QT09 Passcode: 590901 (or copy the URL and paste into a web browser) or (2) call into the Zoom meeting by dialing 253-215-8782 and enter Webinar ID: 860 8119 5653, Passcode 590901 or (3) call 425-430- 7394 by 10 a.m. on the day of the meeting to request an invite with a link to the meeting. Public comment is permitted in person, via access using the above Zoom link, or may also be submitted in writing to Lmoschetti@rentonwa.gov before 4 p.m. the day of the meeting. Those providing audience comments will be limited to three (3) minutes each speaker unless an exception is granted by the Commission. Attendees will be muted and not audible to the Commission except during times they are designated to speak. 1. CALL TO ORDER 2. ROLL CALL 3. STAFF COMMENTS 4. AUDIENCE COMMENT Those wishing to address the Equity Commission will be called upon. Each speaker is allowed three (3) minutes. 5. CONSENT AGENDA a) Approval of the March 14, 2023 Renton Equity Commission Regular Meeting minutes. 6. UNFINISHED BUSINESS a) Policy 250-02 Purchasing, Bidding, and Contracting Finance Administrator Kari Roller Page 1 of 31 7. NEW BUSINESS a) Summer Meeting Schedule EHHS Administrative Assistant Linda Moschetti-Newing 8. COMMITTEE MEMBER COMMENTS 9. COMMITTEE CHAIR COMMENTS 10. ADJOURNMENT Hearing assistance devices for use in the Council Chambers are available upon request. For more information please email: Lmoschetti@rentonwa.gov MEMBERS Nicole Hill, Chair Manami Imaoka Cassandra Baddeley Lisa Davis, Vice Chair Ashok Padhi Celina Kershner Morgan Kroeger Youth Member - Vacant Rueben Turk Page 2 of 31 March 14, 2023 REGULAR COUNCIL MEETING MINUTES MINUTES EQUITY COMMISSION 5:30 pm -Tuesday, March 14, 2023 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER ROLL CALL Commissioners Present: Cassandra Baddeley Lisa Davis Manami Imaoka Ashok Padhi Attended Remotely: Nicole Hill Commissioners Absent: Celina Kershner Morgan Kroeger Rueben Turk MOVED BY BADDELEY, SECONDED BY IMAOKA TO CONSIDER ABSENCES OF COMMISSIONERS KERSHNER, KROEGER, AND TURK AS UNEXCUSED. CARRIED. ADMINISTRATIVE STAFF PRESENT Patrice Kent, Senior Assistant City Attorney Linda Moschetti-Newing, Administrative Assistant Chan Te, Community Outreach Coordinator Nina Christian, Administrative Secretary I Hannah Bahnmiller, Acting Community Development and Housing Manager Benita Horn, Equity and Inclusion Consultant MAYOR PAVONE'S COMMENTS Page 1 of 3 AGENDA ITEM #5. a) Page 3 of 31 March 14, 2023 REGULAR COUNCIL MEETING MINUTES Equity Commission Proposed Discussion Topics for 2023 Mayor Pavone shared a list of topics staff will be presenting to the Equity Commission to review in 2023. The Commission will have an opportunity to learn, discuss, and ask questions about city projects, operations, adopted plans, policies, and procedures. STAFF COMMENTS EHHS Administrator Maryjane Van Cleave echoed the Mayor's comments and stated she is excited to begin to introduce the Commission to the city's policies, projects, and plans. She further explained the items the Commission will be introduced to will probably involve discussion over multiple meetings. Equity and Inclusion Consultant Benita Horn noted this was her last meeting as a city contractor. She thanked the group for their participation and commended the work they have completed during their first year of existence. AUDIENCE COMMENT Those wishing to address the Equity Commission will be called upon. Each speaker is allowed three (3) minutes. CONSENT AGENDA Approval of the January 10, 2023 Renton Equity Commission Regular Meeting minutes. MOVED BY HILL, SECONDED BY BADDELEY. CARRIED. UNFINISHED BUSINESS Chair Hill and Vice Chair Davis inquired about unexcused absences. Senior Assistant City Attorney Patrice Kent and Administrative Assistant Linda Moschetti-Newing explained the Commission Bylaws address absences in general, including the process for determination if an absence is excused or unexcused. Commissioner Padhi asked about the status of filling the Commission youth member vacancy. Senior Assistant City Attorney Patrice Kent and Administrative Assistant Linda Moschetti-Newing explained the requirement for a youth member is part of the ordinance establishing the Commission (Ord. 6033 approved November 1, 2021). They also explained the efforts that have gone into recruitment of applicants to fill the youth vacancy. NEW BUSINESS Housing Action Plan Acting Community Development and Housing Manager Hannah Bahnmiller Acting Community Development and Housing Manager Hannah Bahnmiller reviewed the city's Housing Action Plan, including our efforts toward addressing affordable housing. Introduction to Policy 250-02 Purchasing, Bidding, and Contracting Equity, Housing, and Human Services Administrator Maryjane Van Cleave will briefly describe the review process and expectations. Page 2 of 3 AGENDA ITEM #5. a) Page 4 of 31 March 14, 2023 REGULAR COUNCIL MEETING MINUTES Administrator Van Cleave explained the Commissioners have a copy of the city's Policy and Procedure 250-02 Purchasing, Bidding, and Contracting. She mentioned this policy is close to being updated and some modifications will be brought to their attention at a future meeting. COMMISSION MEMBER COMMENTS COMMISSION CHAIR COMMENTS ADJOURNMENT Meeting Adjourned at 7:05 p.m. Hearing assistance devices for use in the Council Chambers are available upon request. For more information please email: Lmoschetti@rentonwa.gov MEMBERS Nicole Hill, Chair Manami Imaoka Cassandra Baddeley Lisa Davis, Vice Chair Ashok Padhi Celina Kershner Morgan Kroeger Youth Member - Vacant Rueben Turk Page 3 of 3 AGENDA ITEM #5. a) Page 5 of 31 Page 6 of 31 Improving Access to City Purchasing and Contracting Kari Roller Finance Administrator 1AGENDA ITEM #6. a)Page 7 of 31 Improving Access to the City’s Purchasing Process 2 What are the laws/regulations What steps have we taken What did we learn –metrics gathered How do we compare to other agencies How do we improve AGENDA ITEM #6. a)Page 8 of 31 Laws & Regulations 3 Federal Grants -Most restrictive; Federal laws 2 CFR-200 -Require competitive bidding process for all types of procurement -Must take necessary steps to assure women/minority business enterprise (WMBE) businesses are used when possible State Procurement Laws -State laws (RCWs) require competitive bidding at various dollar thresholds based on type of service -Contract must be awarded to the most responsible bidder -Discrimination or preferential treatment is prohibited AGENDA ITEM #6. a)Page 9 of 31 Steps Taken 4 2017–2018 -Began discussions on how to improve access -Identified what other cities are doing -Identified metrics needed 2019–2020 -Began planning an outreach event in order for businesses to meet and understand how to contract with the city -Gathered data 2021 -Completed data metrics in order to begin reporting to council the number of new contracts that were awarded to WMBE businesses Nov. 2021 -Held virtual vendor fair due to the pandemic renamed “Navigating City Contracting” 2022–2023 -Revised the purchasing policy and created standard operating procedures -Continue planning for future outreach AGENDA ITEM #6. a)Page 10 of 31 Data Collection 5 Track data among current vendors Track data among business license holders Report data as part of total contracts awarded AGENDA ITEM #6. a)Page 11 of 31 Networking Topics •Types of goods and services contracted by the city •How to use the city’s small works roster (MRSC) •How to get a business license •Breakout sessions to meet representatives from all city departments 6 AGENDA ITEM #6. a)Page 12 of 31 How do we compare •Reverse tradeshow focused on providing an opportunity for vendors to introduce themselves to a variety of departments •Hired a consultant to provide technical assistance to firms on how to work with the city •Allows businesses to self identify through the city’s online system City of Seattle •Developed a procurement diversity plan to maximize opportunities for WMBE businesses •Networking seminars to learn about the city’s procurement process City of Bellevue •Conduct vendor workshops to provide comprehensive information on doing business with the city •Formed equity in contracting team to help provide guidance and share experiences City of Tacoma AGENDA ITEM #6. a)Page 13 of 31 Ongoing Growth and Opportunities 8 How do we reach more vendors? -Advertising opportunities for city procurement on state’s Office of Minority and Women Business Enterprise (OMWBE) website -What others ways can we reach a variety of vendors? How do we gather the metrics to measure how we are doing? -Our current software is over 20 years old; hard to gather data -Some businesses are hesitant to share their affiliation What does ongoing business outreach look like? -How to contract with the city? -What are the requirements? -Why do we ask the questions we do?AGENDA ITEM #6. a)Page 14 of 31 Thank You!Kari Roller Finance Administrator kroller@rentonwa.gov (425) 430-6931 9AGENDA ITEM #6. a)Page 15 of 31 Page 16 of 31 POLICY & PROCEDURE Subject: PROCUREMENT REQUIREMENTS Index: FINANCE Number: 250-02 Effective Date: 3/1/2023 Supersedes: 3/9/2018 Page: 1 of 14 Staff Contact: Kari Roller Approved By: 1.0 PURPOSE: To establish a policy and procedure to guide the procurement of goods, services, and public works. 2.0 ORGANIZATIONS AFFECTED: All departments/divisions 3.0 REFERENCES: Policy & Procedure 210-09 – Administration of Grants Policy & Procedure 250-01 – Electronic Signatures Policy & Procedure 400-12 – Recycled Product Procurement Policy & Procedure 800-12 – Contracting Authority 4.0 POLICY: It is the policy of the City of Renton to utilize legally compliant, equitable, efficient, and cost- effective procedures to guide its procurement of equipment, materials, and supplies. 5.0 PROCEDURES: 5.1 Compliance with Laws and Policies: 5.1.1 Authority for Purchases Required: Employees who purchase goods and services for the city are responsible for understanding the extent of their authority to make purchases on behalf of the city, and the legal and policy requirements that govern such purchases. Purchases made by an employee without authority to purchase on behalf of the city do not bind the city, and the purchasing employee may be personally responsible for unauthorized purchases. 5.1.2 Training: The procedures in this policy are not intended to replace necessary industry specific training and guidance in areas related to procurement, such as public works contract administration. Public works and other specific procurement process requirements are addressed more thoroughly at www.MRSC.org and in procurement standard operating procedures (SOPs), AGENDA ITEM #6. a) Page 17 of 31 Procurement Requirements Policy & Procedure 250-02 p.2 which are listed in appendix 1 to this policy. SOPs, and references to herein, may be updated, removed, or added to appendix 1 by responsible departments from time to time without formally amending this policy. 5.1.3 Written Contract Required: Except for off-the-shelf purchases, procurements of goods and services require a written, signed contract authorizing the purchase prior to binding the city. Contract templates approved by the city attorney department should be used when feasible and provided to vendors at the time of soliciting goods, services, and public works. 5.1.4 Approval as to Legal Form: Except as may be separately authorized in writing by the city attorney department, all written contracts shall be approved as to legal form by an attorney representing the city, and an official copy of such approval and the contract shall be retained by the city clerk division pursuant to policy & procedure 800-12. The city attorney department and city clerk division may develop separate procedures and policies guiding the review, approval, processing, and retention of contracts. See section 8 and appropriate SOP of this policy for additional information on this topic. 5.1.5 Risk Management Review Required: Except as may be separately authorized by the HRRM administrator, all written contracts shall be approved by the risk management division of the city, and an official record of the approval shall be retained by the city clerk division. The risk management division and city clerk division may develop separate procedures and policies guiding the risk management review process. See section 8 and appropriate SOP of this policy for additional information on this topic. 5.1.6 Assignment of Responsible Employee and Compliance with Other Requirements: The department responsible for procurement shall assign an employee responsible for overseeing each contract and complying with the procedures established in this policy, applicable laws, other applicable policies, funding source/grant requirements, and processes required by the city clerk division and city attorney department. Assigned employees should be trained and have appropriate experience to manage such compliance. Applicable laws, policies, and/or mandatory grant requirements that supersede any process or requirement of this policy shall control and be followed. 5.2 Authority to Procure Goods, Services, and Public Works: 5.2.1 Limited Delegation of Authority by Council: Under state law, the city council has authority over all city contracts and purchasing authority. In policy & procedure 800-12, the city council delegates its authority to the mayor to authorize purchases under specific dollar thresholds for most contract types but retains exclusive authority for other purchase types. 5.2.2 Mayor Delegation of Authority: Through this policy, the mayor delegates purchasing/procurement decisions to administrators for specific types of AGENDA ITEM #6. a) Page 18 of 31 Procurement Requirements Policy & Procedure 250-02 p. 3 contracts under specified amounts as set forth herein. Any authority not specifically delegated to administrators through this policy shall require authorization of the city council and/or mayor consistent with policy & procedure 800-12. 5.2.3 Procurement Approval Authority: The table below summarizes who has authority to authorize purchases by procurement type and the value of the purchase. Procurements may not be broken into multiple smaller purchases/procurements for the purpose of avoiding or complying with a required procurement process or approval authority. Procurement Types Dollar Value of Consideration Provided by the city Approval/Signing Authority Procurement Process Goods, Supplies, Equipment; (not purchased as part of public works project) Professional Services; (excluding services defined in RCW 39.80) Purchased Services; General/Personal Services Under $50,000 Administrator Flexible $50,000 up to $100,000 Mayor Over $100,000 City council approves, mayor signs Architectural, Engineering, Landscape Architects or Surveying Services (RCW 39.80) Under $50,000 Administrator Best Qualified. MRSC Roster or RFQ Process $50,000 up to $100,000 Mayor Over $100,000 City council approves, mayor signs Renewal of city council Approved Technology Service/Maintenance Agreements Under $50,000 Administrator Negotiation with existing vendor/per underlying contract $50,000 up to $250,000 Mayor Over $250,000 City council approves, mayor signs Public Works Sealed Bid Process Any dollar amount City council approves, mayor signs Follow state mandated formal published sealed bidding process RCW 39 Public Works Small Works Roster Under $50,000 Administrator MRSC Small Works Roster RCW 39.04.155(2) $50,000 - $350,000 Mayor Contract Amendment, Addenda, or Change Order Under $50,000 Administrator Negotiation/per underlying contract $50,000 up to $100,000 Mayor Over $100,000 City council approves, mayor signs Very Small Public Works Competitive Process Up to $25,000 Administrator Flexible – but prevailing wage, retainage, bond, and reporting requirements as required by law AGENDA ITEM #6. a) Page 19 of 31 Procurement Requirements Policy & Procedure 250-02 p. 4 Limited Public Works Up to $50,000 Administrator MRSC Small Works Roster – limited per RCW 39.04.155(3) – retainage and bond may be waived Job Order Contracting (RESERVED) Any Value City council approves, mayor signs RCW 39.10.410-460 Energy Conservation Equipment and Services Any Value City council approves, mayor signs RCW 39.35A Other Type of Contract or Acquisition Any Value City council approves, except as otherwise provided by council policy 800-12 and/or other policy. Pursuant to city council approval or separate policy 5.2.4 Delegation of Authority: Administrators and/or the mayor may delegate their authority to specific employees they supervise and/or by position title. Such delegations of authority should be in writing and specify the extent of authority in terms of procurement types and length of time for which the delegation is effective. No delegation may extend beyond the time of an employee’s employment with the City of Renton. All written delegations to sign a contract should be filed with the city clerk division and/or a copy thereof shall be included with the contract retained by the city clerk division. 5.2.5 Additional Circumstances that Require City Council Authorization: Contracts that require city council approval are generally identified above. Additionally, contracts that meet one or more of the following circumstances also require city council approval: • The project exceeds the amount budgeted or is not budgeted. In this case the item requires referral to the appropriate council standing committee. • The contract or purchase is through an interlocal agreement entered under the authority of chapter 39.34 RCW that has not yet been approved by city council and may require the adoption of a resolution. • Grants that have not been approved by city council and may require the adoption of a resolution. (policy & procedure 210-09) 5.2.6 Procurement Methods and Process: The procurement processes noted in 5.2.3 are described below: 5.2.6.1 Flexible: A process for selecting vendors where no other specific process is required by law, funding source, or this policy. Project managers should use a selection process that is deemed the most efficient and effective way of obtaining the best combination of price, value, and quality without undue administrative costs and process. Equitable factors and support for Renton-based small businesses may be considered when deciding on an appropriate selection process, unless otherwise prohibited by law. The process used may vary depending upon the type of good/service, the competitive market, and the value/cost of the AGENDA ITEM #6. a) Page 20 of 31 Procurement Requirements Policy & Procedure 250-02 p. 5 acquired service or good. The selection process may involve, but is not limited to seeking and comparing bids, proposals, or qualifications through a CFB (RFB/IFB) or RFQ (SOQ); direct negotiation of terms; and/or comparing prices and products through public sources. Each department may have its own procedures and guidelines for choosing the appropriate selection method where this policy allows for flexible selection process. 5.2.6.2 Best Qualified: RCW 39.80.040 requires the city to choose the best qualified consultant for architectural, engineering, and surveying services provided by consultants who are required to be licensed by chapters 18.08, 18.43, or 18.96 of the Revised Code of Washington. Price of services may not be considered in the initial selection of the best qualified consultant for these services, but the city may select the next best qualified consultant if it is unable to negotiate mutually acceptable contract terms with the best qualified consultant. Such negotiations may take into consideration the city’s evaluation of whether the price is fair and reasonable for the services. The city annually publishes its anticipated requirements for services covered by RCW 39.80.040 through the MRSC Roster, and requests that consultants submit their qualifications through the MRSC Roster. Consultant selections may be made from reviewing qualifications through the MRSC Roster if the work falls within the anticipated requirements published by the city and/or by separately seeking qualifications on a project-by-project basis by publishing a request for qualifications. 5.2.6.3 Formal Published Sealed Bidding Process: A process requiring selection of the lowest bid from a qualified and responsive bidder, which is submitted as a sealed bid by a deadline and means specified in a formal publication of a call/request/invitation for bids. This process is required by chapter 39.04 RCW for all public works projects except to the extent this policy authorizes a separate, more streamlined procurement process. Specific statutorily required contract requirements include, but are not limited to, the payment of prevailing wages, retainage, and the provision of proposal bid bonds and contract bonds (combined performance and payment bonds). 5.2.6.4 MRSC Small Works Roster: The MRSC small works roster may be used to select contractors to perform public works projects estimated to cost less than $350,000. Selection of the lowest responsive and responsible bidder is made from a request to all contractors on the applicable specialty list(s) of the MRSC small works roster. Separate advertisement and sealed bids are not required. The requirements of this process are described in more detail in RCW 39.04.155 and the applicable procurement SOP. Specific statutorily required contract requirements include, but are not limited to AGENDA ITEM #6. a) Page 21 of 31 Procurement Requirements Policy & Procedure 250-02 p. 6 payment of prevailing wages, retainage, and the provision of performance/payment bonds. 5.3 Exceptions to Required Procurement Processes: 5.3.1 Required procurement processes may be waived only: • In accordance with applicable laws, including RCW 39.04.280 Competitive Bidding Requirements – Exceptions (for public works projects), • In accordance with applicable exceptions allowed by city policy, • By the mayor to the extent the processes are required solely by this policy and not non-waivable by applicable law or city council policy, and/or, • By the city council. Procurement is not required for work performed by city employees either as ordinary maintenance or up to the limits for use of Day Labor in RCW 35.23.352. 5.3.2 Interlocal Purchasing Authorized (AKA Piggy Back): State contracts, and other interlocal cooperative purchasing agreements may be utilized. Specific documentation must be retained that supports the procurement method followed by interlocal agency. 5.3.3 Disasters: In the event of a disaster, procurement may need to follow federal or other agency procurement rules to ensure expenses qualify for disaster funding and reimbursement. 6.0 DEFINITIONS: 6.1 Administrator: Includes the chief administrative officer, deputy chief administrative officer, administrator of the department whose department budget is responsible for paying or managing the contract at issue, and duly authorized designees thereof. 6.2 Bid Splitting: Splitting or separating public works projects into parts to avoid compliance with bidding statutes. State law prohibits the division of a project into units of work or classes of work to keep costs below the bidding threshold. Although state statutes refer to public works projects, the State Auditor’s Office (SAO) has expressed that neither projects nor purchases should be artificially split so that the cost of each contract is below the bid threshold. The SAO has also indicated that an agency should not disaggregate purchases solely for the purpose of getting the individual purchases below bidding requirements. 6.3 Contract: Any agreement (written, oral, or implied) with another entity that legally binds the city to provide consideration. 6.4 Energy Conservation Equipment and Services: Equipment and services that are expected, upon installation, to reduce the energy use or energy cost of an existing building or facility. The services associated with the equipment, materials, or supplies include but are not limited to design, engineering, financing, installation, project management, guarantees, operations, and maintenance. Reduction in energy use or energy costs may AGENDA ITEM #6. a) Page 22 of 31 Procurement Requirements Policy & Procedure 250-02 p. 7 also include reductions in the use of or cost of water, wastewater, or solid waste (RCW 39.35A.020) (e.g., ESCO contracts with DES). 6.5 General/Personal Services: Services that do not fall within the definitions of professional services or purchased services. 6.6 Municipal Research Service Center (MRSC): The city contracts with the MRSC to manage the rosters identified in section 5.2.3 as contemplated within RCW 39.04.155 and for the purpose of announcing its need for licensed architectural, engineering, or surveying services and tracking the qualifications of such service providers as contemplated with chapter 39.80 RCW. Visit www.MRSCRosters.org for more information about the roster/licensed service providers and www.mrsc.org for information and resources regarding applicable laws and best practices governing procurement. 6.7 Off-The-Shelf Purchases: The purchase of goods, materials, supplies, or equipment that are not in any way customized or modified for the city’s use, do not include a consolidated maintenance or service agreement, are non-negotiable in nature, do not include any indemnification obligation to the city, and are not purchased for the purpose of incorporating into a public works project. Examples of off-the-shelf purchases include goods purchased through retail stores such as office supplies, non-customized software programs, computer accessories, and office equipment. Written contracts signed by both parties (beyond receipts and purchase orders) are generally not required for off-the-shelf purchases, but if off-the-shelf purchases will be customized after purchase, a separate contract for those services should be used. 6.8 Ordinary Maintenance: For the purposes of public works and prevailing wages, the definition of “ordinary maintenance” is in WAC 296-127-010. Ordinary maintenance is excluded from public works procurement and prevailing wage requirements but is limited to maintenance performed by city employees that is necessary to keep existing facilities in good usable, operational condition. Performance of ordinary maintenance by employees does not require a procurement process under this policy. 6.9 Prevailing Wage: The rate of pay vendors are required to pay pursuant to chapter 39.12 RCW for public works and some purchased services, which rates must be included or referenced in public works contracts may be found on www.lni.wa.gov. 6.10 Professional Services: Activities rendered by any person, other than an employee of a public or government agency, involving the presentation or delivery of professional opinion, assessment, design, or other information to the city having a primarily intellectual final product. 6.11 Public Work(s): Is a type of publicly funded work/project/contract for which state law generally requires some form of competitive bidding, payment of prevailing wages, and/or compliance with retainage and bonding requirements. Public works includes all work, construction, alteration, repair, demolition, or improvement, other than ordinary maintenance, that is executed by contract, purchase order, or any other legal agreement and that is executed at the cost of the city, or which is by law a lien or charge on any AGENDA ITEM #6. a) Page 23 of 31 Procurement Requirements Policy & Procedure 250-02 p. 8 property of the city (RCW 39). In general, public work includes construction, maintenance, alteration, repair and improvements to land, buildings, equipment, and other fixtures attached to land or buildings. It does not include repairs and maintenance of personal property that is not affixed/attached to land or buildings such as copy machines, computers, vehicles, etc. However, work to attach/install personal property/equipment to land or buildings (e.g., equipment bolted onto walls, electrical wiring, run through walls/ceilings, or installation of landscaping/plants) and repairing and maintaining such property after it is attached (e.g., HVAC repair and maintenance) is generally a public work that usually requires competitive bidding and payment of prevailing wages or a purchased service that requires payment of prevailing wage. 6.12 Purchased Services: Purchased services are services provided by vendors for routine, necessary, and continuing functions of the city, mostly relating to physical facilities or maintenance of physical facilities. These services are usually repetitive, routine, or mechanical in nature, support the agency’s day-to-day operations, and involve the completion of specific tasks or projects. Purchased Service Agreements for maintenance of improvements to land, buildings, or attachments/fixtures such as HVAC inspection services and groundskeeping maintenance generally require the payment of prevailing wages even if not considered a public work for procurement process purposes. Contact the city attorney department for contract requirement recommendation, including the applicability of prevailing wages and public works procurement processes, for all purchased services that maintain city facilities/land. 6.13 Request for Bids (RFB), Invitation for Bids (IFB) or Call for Bids (CFB): Solicitation of bids for a public works project or other good or service for which the city intends to award a contract to the lowest bidder based upon terms and conditions equally applicable to all bidders as fixed with the call for bids. CFBs should include a reservation of the city’s right to reject all bids for any reason at the city’s discretion. 6.14 Request for Proposals (RFP): Solicitation of proposals for non-A&E professional services, equipment, materials, or supplies that may or may not be associated with a public works project. 6.15 Request for Qualifications (RFQ)/Statement of Qualifications (SOQ): A request for qualifications/statement of qualifications (RFQ/SOQ) is a method of soliciting competitive proposals for services that qualify as A&E services per RCW 39.80 that formally considers and evaluates factors to measure consultants or other service providers on the basis of demonstrated competency and qualification rather than price. 6.16 Small Works Roster: A list of contractors who have requested placement on a roster for solicitation on eligible public works projects with a total cost less than $350,000. The city’s roster is maintained by the MRSC. 6.17 Vendor: A generic term used to describe any person or entity that sells the city a service or product of any type. Depending upon context, a vendor could also be called a contractor, consultant, supplier, merchant, concessionaire, instructor, performer, or seller. AGENDA ITEM #6. a) Page 24 of 31 Procurement Requirements Policy & Procedure 250-02 p. 9 7.0 VENDOR SELECTION PROCESS: 7.1 Public Works: The selection of vendors related to a public works project usually requires a prescribed competitive selection process and compliance with other legal requirements such as those that relate to retainage, bonds, and/or prevailing wages. The formality and specific processes to be followed for public works projects depends upon the type of service and/or estimated cost of the project. Specific requirements are set forth in the procurement SOPs attached to this policy, but this policy is not intended to be a complete guide to compliance with applicable public works laws and regulations. 7.1.1 Cost Estimate and Plans: Before commencing a public works project, RCW 39.04.020 requires the creation of plans or specifications for the full cost of the project, including sales tax, labor, incidentals, and materials. This estimate is required to be retained in writing and shall serve as the basis for determining which procurement process to use from those described in this policy and/or appropriate procurement SOP. 7.1.2 Preliminary Legal Review: For projects that will be awarded to the lowest responsive and responsible bidder through a call for bids, a copy of the city’s applicable contract template along with any required legal terms and specifications should be included with the call for bids. Changes are generally not allowed to these contract documents after bids are opened and vendors should be advised not to add terms and conditions to their bid proposal. Accordingly, legal review of the contract documents is required prior to advertisement of the call for bids. This review will not replace the separately required review for approval as to legal form, required before contract execution, but will streamline that review once the contract is awarded and the contractor has returned executed contract documents and contract bond (combined performance and payment bond) for city execution. 7.1.3 Mixed-Type Projects: Some projects may include minor elements of public works combined with purchased services, professional services, or materials and equipment that is not incorporated into the public works portion of the project. For such projects, consult with your assigned attorney about whether the project elements may be split into separate contracts without being considered “bid splitting” and what selection process and contract(s) should be used. 7.2 Other Contracts: For contracts and purchases that are not related to a particular public works project, a flexible selection process may be used at the discretion of the project manager unless (1) funding source, such as a grant or interlocal agreement, requires a competitive process, (2) an applicable statute or law requires a specific process, such as RCW 39.80.040’s requirement for selection of architects, engineers, and land surveyors, or (3) department policies or practices require a more specific selection process. 7.3 Funding or Other Specific Restrictions: Project managers are responsible for being familiar with how projects and purchases are funded and the conditions and restrictions AGENDA ITEM #6. a) Page 25 of 31 Procurement Requirements Policy & Procedure 250-02 p. 10 applicable to the project due to its funding source or other restrictions (e.g., grant agreements and applicable state and federal regulations including but not limited to FHWA and WSDOT). If funding or other restrictions require specific processes that are more restrictive than this policy, the restrictive processes apply. Project managers should consult with their assigned attorney and/or the finance department with questions about more restrictive processes and ensure that any attorney reviewing a contract that is funded by a grant or federal funding is aware of the funding source and requirements and provided with a copy of relevant documents, so that contracts can be modified as necessary for compliance. Checklists or other guides may be provided for use to determine compliance with specific types of grant restrictions. 7.4 Use of City Contract Templates in Soliciting Bids and Proposals: When soliciting bids, proposals, or qualifications for service for public work, project managers should provide potential bidders/proponents a template agreement that has been approved by the city attorney department with instructions that use of the contract with the city’s terms are required. If project specific changes to the template are desired by the project manager, approval for such changes should be requested of the project manager’s assigned attorney prior to providing the sample with the solicitation for services. To streamline the contracting process and reduce risk to the city, project managers should generally not invite proponents to propose changes to the city’s template terms or attach their own conflicting terms. When competitive bidding with low price selection is required, pre- contract negotiation or alteration of terms and conditions set forth in the bidding package are prohibited. For non-public works, if the project manager desires to allow proponents to propose changes to the city’s template, the project manager should direct proposals to include the proponents’ proposed changes to be made in strike through and underline format and submitted with the proposal or statement of qualifications. Clearly setting expectations for use of the city’s contract templates will streamline negotiations, minimize delays, and allow the project manager to consider differences in risk to the city between proponents created by their unique contract amendment requests. 7.5 General Contract Requirements: The following contract requirements should be observed: 7.5.1 Not-to-Exceed Amount: If a contract does not have a fixed price, it should specify a dollar limit/cap by which the compensation paid by the city will not exceed without a written contract amendment. The not-to-exceed amount is used for purposes of determining approval and signature authority and to avoid incurring unbudgeted expenses. For non-fixed contracts, vendors should be paid based upon actual work performed, so this amount should not guarantee the vendor will be paid the specified amount. Instead, the amount should be high enough to reasonably cover up to the projected amount of work needed with additional contingency amounts if desired to avoid the need for later contract amendments, but not exceed the budgeted amount the department has available to spend on the contract. AGENDA ITEM #6. a) Page 26 of 31 Procurement Requirements Policy & Procedure 250-02 p. 11 7.5.2 Deadline for Performance: Contracts for services should include a date or timeframe by which all services must be completed unless a written contract amendment extends such performance deadline. The deadline for performance is used to ensure timely performance in accordance with the city’s expectations and also for purposes of tracking records retention and destruction requirements. Automatically renewing contract terms that go beyond the specified deadline for performance should generally not be used, as doing so could result in contracts not being properly retained and tracked in contract and records management systems. 7.5.3 Prevailing Wages, Performance Bonds, and Retainage: All contracts for work for which prevailing wages, performance bonds, and/or retainage are required shall include city attorney department approved prevailing wage language. 7.5.4 Insurance Requirements: Unless a waiver is approved by the HRRM department, all contracts for services and public works shall include HRRM approved vendor insurance requirements. 7.5.5 Indemnification and Liability Waivers: Unless a waiver is approved by the HRRM department, with consultation and advice from the city attorney department, all contracts for services and public works shall include HRRM approved language indemnifying the city against claims arising out of vendor’s work. Terms limiting a vendor’s responsibility for claims arising out of the vendor’s work should be rejected unless approved by the HRRM department and the administrator of the department that is responsible for the selection of the vendor. 7.5.6 Compliance with Laws and Funding Source Requirements: Unless a waiver is approved by the city attorney department, all contracts for services and public works shall include vendor requirements for complying with applicable funding source requirements and laws, including but not limited to the public records act and records retention requirements. 7.5.7 Discrimination Prohibited: All city contracts for services and public works shall require vendors to comply with all applicable anti-discrimination laws and policies. 8.0 APPROVAL, SIGNATURE AUTHORITY, AND CONTRACT PROCESSING: 8.1 Approval as to Legal Form: Before obtaining signatures on a contract or contract amendment from the city’s authorized signatory or the vendor, project managers must obtain approval as to legal form from their assigned attorney in the city attorney department. This requirement of legal review applies to all contracts except off-the-shelf purchases. 8.2 HRRM Review: Before obtaining signatures on a contract (or contract amendment that potentially increases the risk or liability or hazards, changes insurance requirements, or changes indemnification or allocation of risk provisions) from the city’s authorized AGENDA ITEM #6. a) Page 27 of 31 Procurement Requirements Policy & Procedure 250-02 p. 12 signatory or the vendor, project managers must obtain approval to proceed from HRRM. This review allows HRRM to provide input into city required insurance provisions, and to spot potentially unreasonable risks of liability exposure to the city. When risks of liability exposure are identified, HRRM will work with the city attorney department and the project manager to obtain confidential legal advice as to the nature and scope of the risks before the contract is executed. 8.3 Council Approval of Contracts and Delegation of Authority: The city council oversees the approval of all contracts. To maintain an efficient form of government, the city council delegated contract approval authority to the mayor for specific types of contracts without prior council review or subsequent ratification (see policy & procedure 800-12). Contracts for which the city council has not delegated its authority in policy & procedure 800-12 must be approved by the city council. 8.4 Project Acceptance and Close-Out: Any contract that was initially submitted to city council for approval that requires a formal acceptance of the project must be resubmitted to city council for project acceptance and authorization to begin the closeout process by following the invoice and payment SOP. 8.5 Project Deliverables: Departments are responsible for maintaining contract/agreement deliverables such as equipment/vehicle warranties, maintenance agreements, studies, specifications, etc. per state retention schedule requirements, and will be submitted to the city clerk division if requested. 8.6 Authorized City Signatory: The mayor has authority to sign all city contracts and has delegated both signing and approval authority as provided in this policy. See section 5.2.3 of this policy for an overview of signature and approval authority. When possible, the authorized city signatory should sign after the vendor/contractor. 8.7 Delegation of Signatory Authority by Administrators: Administrators may delegate the approval and signing authority delegated to them by the mayor only by submitting a memorandum or email to the city clerk division defining the scope and duration of the delegation of authority. Such delegations may be made to specific individuals or to position titles. Any delegation of authority shall terminate and cease to be effective upon the designee leaving employment of the department in which the administrator oversees. 8.8 Electronic Signatures: If signatures will be made electronically, compliance with policy & procedure 250-01 is required. 8.9 City Clerk Checklist and Records Retention: All contacts and contract amendments (except off-the-shelf purchases) are required to be routed to the city clerk division using a checklist provided by that division. The city clerk division assigns city contract numbers, retains the contract documents in accordance with applicable retention schedules, and obtains the mayor’s signature when such signature is required. Project managers are responsible for maintaining any contract related documents that are not routed to the city clerk division in accordance with applicable records retention schedules. Documents requiring retention that may not be made part of the city clerk contract file may include, AGENDA ITEM #6. a) Page 28 of 31 Procurement Requirements Policy & Procedure 250-02 p. 13 but are not limited to, substantive drafts and communications exchanged with the vendor that may be relevant to interpreting the contract terms in the event of a dispute or contract enforcement. AGENDA ITEM #6. a) Page 29 of 31 Procurement Requirements Policy & Procedure 250-02 p.14 APPENDIX 1 List of Procurement Standard Operating Procedures (SOPs) Procurement SOP #01 – Goods, Supplies, and Materials Procurement SOP #02 – Technology Hardware, Software, or Service Agreements and Renewals Procurement SOP #03 – Other Services Agreements Procurement SOP #04 – Best Qualified: RFQ/SOQ (for A&E); RFP (for Non-A&E) Procurement SOP #05 – Purchased Services Agreements Requiring Prevailing Wages Procurement SOP #06 – Contract Amendments/Addenda Procurement SOP #07 – Limited Public Works – Small Works Roster (under $50,000) Procurement SOP #08 – Small Works Roster ($50,000 - $350,000) Procurement SOP #09 – Public Works Sealed Bids (over $350,000 or Project Manager preference) Procurement SOP #10 – Public Works Unit-Priced On-Call Contracts Procurement SOP #11 – Public Works Contract Change Orders Procurement SOP #12 – City Clerk Contract eChecklist Procedures Procurement SOP #13 – Finance Invoice & Payment Process Procurement SOP #14 – Approval as to Legal Form Procurement SOP #15 – Risk Management Process AGENDA ITEM #6. a) Page 30 of 31 2023 MEETING CALENDAR EQUITY COMMISSION Meetings are held either virtually via Zoom or in the 7th Council Chambers from 5:30 – 7:00 p.m. the second Tuesday of each month through December. JANUARY FEBRUARY MARCH APRIL S M T W Th F S S M T W Th F S S M T W Th F S S M T W Th F S 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 1 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11 2 3 4 5 6 7 8 15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 9 10 11 12 13 14 15 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 16 17 18 19 20 21 22 29 30 31 26 27 28 26 27 28 29 30 31 23 24 25 26 27 28 29 30 MAY JUNE JULY AUGUST S M T W Th F S S M T W Th F S S M T W Th F S S M T W Th F S 1 2 3 4 5 6 1 2 3 1 1 2 3 4 5 7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 11 12 14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19 21 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 28 29 30 31 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 31 30 31 SEPTEMBER OCTOBER NOVEMBER DECEMBER S M T W Th F S S M T W Th F S S M T W Th F S S M T W Th F S 1 2 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31 AGENDA ITEM #7. a)Page 31 of 31