HomeMy WebLinkAboutRES 4365 CITY OF RENTON, WASHINGTON
RESOLUTION NO. 4365
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING COUNCIL
POLICY 800-12.
WHEREAS, the Council desires to update, revise, and modernize Policy No. 800-12,
Contracting Authority, to reflect current practices, updated legal requirements and/or improved
efficiencies, and to clarify administrative matters, including contract approval authority, which
the Council delegates to the Mayor and/or defers to the Mayor's role to supervise the
administrative affairs of the City in order to maintain an efficiently operated government;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Council hereby amends the City of Renton Policy& Procedure 800-12,
Contracting Authority, to read as attached hereto and incorporated herein as if fully set forth.
PASSED BY THE CITY COUNCIL this 11th day of February, 2019.
Jason . Seth, Ci Clerk
APPROVED BY THE MAYOR this 11th day of February, 20 9.
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Denis Law, Mayor
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RESOLUTION NO. 4365
Approved as to form:
Shane Moloney, Cit ttorney
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RESOLUTION NO. 4365
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POLICY & PROCEDURE
Subject: Index: LEGISLATIVE
CONTRACTING AUTHORITY Number: 800-12
Effective Date: Supersedes: Page: Staff Contact: Approved By:
2/11/2019 11/16/2015 1 of 5 CAO Resolution # on
1.0 PURPOSE:
To maintain an efficient form of government, it is necessary for the Council to delegate
contract approval authority to the Mayor for specific types of contracts without prior City
Council review or subsequent ratification.
2.0 ORGANIZATIONS AFFECTED:
Mayor and departments/divisions
3.0 REFERENCES:
Applicable Administrative Policies (currently Policy & Procedure 250-02)
RCW 35A.11.010 and 020 (Council Authority and Powers of Council)
RCW 35A.12.065 (Pro Tempore Appointments)
RCW 35A.12.100 (Authority and Powers of Mayor)
Chapter 39.04 RCW (Public Works Procurement)
RCW 39.04.155 (Small Works Roster Contract Procedures)
RCW 39.04.280 (Competitive Bidding Requirements—Exemptions)
Chapter 39.34 RCW (Interlocal Cooperation Act)
4.0 POLICY:
4.1 All statutory bidding and contracting requirements, as set forth in State law shall
be followed.
4.1.1 The Mayor is authorized to establish and/or use a small works roster or
rosters and develop procedures for the administration thereof for all
contracts up to $300,000.
4.2 To assist in contract management and retention, all contracts should include a
date by which full performance of the contract shall be complete.
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RESOLUTION NO. 4365
4.3 All contracts should, before presentation to Council, be approved as to from by
the City Attorney Department.
4.4 All contracts shall be memorialized in writing and filed in the City Clerk Division.
4.5 The City Council shall receive an informational list of all contracts every quarter.
This list shall include, but not be limited to, date of expiration, amount of contract,
department responsible for the contract, expected completion date of contract,
and summarized scope of work. Contract Amendments exceeding the greater of
$100,000 or 10% of the original contract amount shall be highlighted within the
list.
4.6 Except as otherwise specified herein, the Mayor or his or her designee has
authority to approve and sign the following types of contracts without need for
separate Council approval or ratification:
4.6.1 All contracts for which the Original Contract Value is less than $100,000.
4.6.2 All contracts settling claims, litigation or threatened litigation for which the
Original Contract Value, less any contribution from a City insurance policy,
does not exceed $250,000.
4.6.3 All contracts awarded pursuant to small works procedures adopted and
administered by the Mayor pursuant to Section 4.1.1 herein.
4.6.4 All contracts, with an Original Contract Value between $100,000 and
$300,000 that contain specific intelligence information, the nondisclosure
of which is essential to effective law enforcement, so long as sufficient
funding is budgeted for the expenditure, and the Chair of the Public Safety
Committee is notified of the contract prior to its execution so that he or
she can, if he or she deems appropriate, request such contract be brought
to the full Council for approval.
4.6.5 Contract Amendments for which the Amendment Value does not exceed
$100,000.
4.6.6 Contracts and/or Contract Amendments specifically authorized by other
Council action.
4.6.7 Work Orders issued pursuant to RCW 39.10.450 so long as the overarching
Job Order Contract was previously approved by Council.
4.6.8 Annual technology hardware, software, or services renewal agreements
including annual license renewals, subscription services, support and
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RESOLUTION NO. 4365
maintenance extensions, and general services renewals which do not
exceed $250,000.
4.7 Notwithstanding anything to the contrary in Section 4.6 of this policy, the
following types of contracts require advance Council approval prior to the Mayor
or designee's signature:
4.7.1 Any contract for the sale or purchase of real estate.
4.7.2 Any contract to lease or otherwise encumber (e.g. via license or access
agreement) City-owned real estate for a period of more than one (1) year
unless the contract provides the City with an option to terminate the lease
early without cause or damages by providing no more than six (6) months'
notice of termination.
4.7.3 Public Works contracts that require award by the City Council pursuant to
Chapter 39.04 RCW.
4.7.4 Any contract that transfers risk to the City of third party claims arising out
of a contractor's misconduct or negligence if the risk transferred thereby
would not be covered by the City's insurance policies. Any such provision
in a contract that is not approved by the Council shall be void and
unenforceable.
4.7.5 Any interlocal agreement entered into under the express authority of
Chapter 39.34 RCW.
4.7.6 Any contract that, pursuant to applicable law, requires authorization from
the City Council.
4.7.7 Any Contract or Contract Amendment for which the Mayor is not
authorized to approve by Section 4.6 of this policy.
4.8 Work on a contract requiring City Council approval should not commence until
such approval has been granted as authorized in this policy. However, work
outside of the contract's original scope due to changed conditions on a public
works construction project may proceed prior to formal approval of a Contract
Amendment that exceeds the Mayor's approval authority, if the Mayor or
designee determines such additional work is necessary to be performed without
delay in order to avoid increased costs or other inefficiencies. Promptly after
authorizing work that staff determines will require a Council approved Contract
Amendment, the Mayor or designee will provide the City Council with notice of
the work authorized pursuant to this Section. Once the cost of the work
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RESOLUTION NO. 4365
authorized pursuant to this Section is determined, a Contract Amendment will be
presented to the Council for ratification.
4.9 In the event an emergency situation arises which necessitates a deviation from
this policy or applicable bidding or procurement laws, the Mayor may, pursuant
to RCW 39.04.280, declare an emergency situation exists, waive competitive
bidding requirements, and award all necessary contracts on behalf of the City of
address the emergency situation. Within two weeks of awarding an emergency
contract, the Mayor shall provide Council with a written finding of the existence
of the emergency and notice of the contract(s) awarded pursuant to the authority
granted in this section. Such finding and notice shall be memorialized with the City
Clerk and published on the City's website and/or in the next Council agenda
packets, as the City Clerk deems appropriate.
5.0 DEFINITIONS:
5.1 Amendment Value: Amendment Value is the dollar value of all Consideration
provided by the City to the other contracting party or parties as consideration for
an individual Contract Amendment. Calculation of Amendment Value should be
calculated consistent with the guidelines for calculating Original Contract Value.
5.2 Consideration:A value of exchanged or promised to be exchanged. Consideration
can be in the form of a service, money, and/or property, and can also be a promise
not to do something that the contracting party would otherwise be lawfully
permitted to do.
5.3 Contract:Any agreement(written,oral,or implied)with another entity that legally
binds the City to provide Consideration.
5.4 Contract Amendment:A modification or change in terms to a previously executed
Contract, regardless of form or label (e.g. addendum, amendment, change
order...).
5.5 Emergency: Unforeseen circumstance beyond the control of the City that either
a) present a real, immediate threat to the proper performance of essential
functions, or b) will likely result in material loss or damage to property, bodily
injury, or loss of life, if immediate action is not taken.
5.6 Mayor: The elected Mayor of the City of Renton, his or her designee(s), and/or a
pro tempore Mayor appointed temporarily pursuant to RCW 35A.12.065.
5.7 Original Contract Value: Original Contract Value is the dollar value of all
Consideration provided by the City to the other contracting party or parties in the
original contract. Calculation of Contract Value involving services or property
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RESOLUTION NO. 4365
exchanged should include a reasonable estimate of the fair market value of
services and property provided by the City as Consideration.
6.0 PROCEDURES:
Procedural matters regarding bidding and contracting are the responsibility of the
Administration. This includes, but is not limited to, formally designating those who may
approve and/or sign contracts on the Mayor's behalf and developing/updating
procurement policies and procedures designed to comply with applicable laws.
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