The URL can be used to link to this page

Home My WebLink About800-12 POLICY & PROCEDURE Subject: CONTRACTING AUTHORITY Index: LEGISLATIVE Number: 800-12 Effective Date: 7/19/2021 Supersedes: 2/11/2019 Page: 1 of 5 Staff Contact: CAO Approved By: Resolution #4442 on 7/19/2021 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 $350,000. 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. CONTRACTING AUTHORITY p. 2 4.3 All contracts should, before presentation to Council, be approved as to form 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 CONTRACTING AUTHORITY p. 3 maintenance extensions, and general services renewals which do not exceed $250,000. 4.6.9 Acquisitions of easements, right-of-way or title incident to a City public works project budgeted by the City Council. 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 except for acquisitions of easements, right-of-way or title incident to a City public works project budgeted by the City Council. 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 CONTRACTING AUTHORITY p. 4 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 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 ot 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. CONTRACTING AUTHORITY p. 5 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 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.