HomeMy WebLinkAbout08 1116 20Cu. '411 v+5 .
STATE OF WASHINGTON
COUNTY OF JEFFERSON
An Ordinance to Establish Bidding and }
Contracting Process and Procedures }
for All Offices, Departments and } ORDINANCE NO.08-1116-20
Subdivisions of Jefferson County }
WHEREAS, Ordinance No. 05-0601-92 was adopted in 1992 to formalize the bidding procedures
as identified in RCW 36.32.245 to be used in Jefferson County which was then codified in the Jefferson
County Code in Title 3, Chapter 3.55; and,
WHEREAS, since 1992 inflation has risen at a collective rate of 85.5 percent; and,
WHEREAS, the State bid requirements as set forth in Chapter 36.32 RCW have been revised a
number of times since 1992 and clarification of the bidding process and the procedure for letting contracts
is required; and,
NOW, THEREFORE, BE IT ORDAINED, that the Jefferson County Board of Commissioners
hereby adopt the following to repeal and replace Title 3, Chapter 3.55 of the Jefferson County Code:
JEFFERSON COUNTY CODE
TITLE 3 - CHAPTER 3.55
Bidding and Purchasing Procedures
3.55.010 Purpose.
It shall be the purpose of this chapter to establish a purchasing system to work with all County departments,
agencies, boards and commissions, and other operations of the County; to ensure efficiency in procurement
of supplies and equipment of the necessary quality; at the lowest possible cost to ensure compliance with
purchasing statutes, regulations, policies and procedures; to ensure efficient utilization of County property,
new and used.
3.55.020 Exemptions.
(1) The following are exempt from the bidding provisions of this chapter: purchases of goods and
services made pursuant to:
(a) RCW 39.04.270 (electronic data processing and telecommunications by competitive
negotiation);
(b) RCW 39.04.280 (sole source suppliers, public work during emergencies, purchase of
insurance bonds, purchases involving special facilities or market conditions);
(c) RCW 36.26.070 (Public Defender services);
(d) RCW 39.34 (Interlocal Cooperation Act)
(e) RCW 39.30.045 (Purchases at auctions);
(f) RCW 36.72.075 (Official County Newspaper);
(g) Grants by the County to non-profit organizations through grant agreements that include
services to be provided by the non-profit organization;
(h) License agreements;
(i) Employment agreements;
0) Real estate purchase agreements; and,
(k) Real estate leases.
(2) Nothing in this Chapter shall impose requirements for competitive bidding where none exist under
State law to purchase public works; goods, equipment, supplies, or materials not connected with a
public works project; or architecture, engineering, landscape architecture, or surveying services.
(3) Nothing in this Chapter shall prohibit the solicitation of requests for proposals, requests for
qualifications, or competitive bids, when the purchases of goods and services are exempt from
bidding provisions under this Chapter or State law.
3.55.030 Provisions Mandatory.
(1) Except as provided in this Chapter, it shall be unlawful for any County Official to make any
purchase within the scope of this Chapter contrary to the provisions thereof and any such purchase
shall be "Ultra Vires" and the County shall not be bound thereby unless so approved by the Board
of County Commissioners.
(2) This Chapter is in addition to, and supplements, all applicable state and federal requirements as to
bidding and purchasing procedures.
3.55.040 Multi -Year Contracts Authorized.
(1) In no event shall contracts exceed five (5) years in length, unless a longer length is authorized by
statute or authorized by the Board of County Commissioners, or the types of contracts listed below
when the nature of the contract warrants a longer -term:
(a) Employment agreements;
(b) Energy conservation contracts;
(c) Interlocal agreements as set for in Chapter 39.34 RCW;
(d) License agreements;
(e) Proprietary services or supplies required for a particular technology;
(f) Real estate purchase agreements;
(g) Real estate leases;
(h) Software licenses or software maintenance agreements; or,
(i) Solid waste long -haul, recycling or disposal agreements.
(2) Contracts which are let for a term less than five years may be extended, for a total term not to
exceed five years, without the necessity of complying with the bid solicitation processes contained
in this Chapter, but only if the additional years were requested to be bid in the bid specifications or
if contract extension language is included in the original contract.
3.55.050 Advertisement and Bidding for Public Works Contracts.
(1) The Small Works Roster may be used to award contracts for construction, building, renovation,
remodeling, alteration, repair or improvements of real property where the estimated cost does not
exceed $350,000 (or the most current limit set forth in RCW 39.04.155, if higher).
(2) If a public work, construction, alteration, repair, or improvement project is estimated to cost less
than $50,000 (or the most current limit set by RCW 39.04.155, if higher), the County may award
such a contract using the Limited Public Works process provided under RCW 39.04.155 3 .
(3) Advertisement and competitive bidding may be dispensed with in the letting of any contract for a
public work involving less than $40,000 (or the most current limit set forth in RCW 36.32.250, if
higher).
Page 2 of 7
3.55.060 Advertisement and Bidding for Non -Public Works Contracts.
(1) The County is not required to advertise or use informal or formal sealed bidding procedures or the
procedures set forth in this Chapter to purchase materials, supplies, or equipment under the
following circumstances:
(a) The purchase of any materials, supplies or equipment where the cost of the same will not
exceed $10,000 (or the most current limit set by RCW 36.32.245, if higher); or,
(b) The purchase of equipment, materials and supplies through a Washington State Master
Contracts Usage Agreement (MCUA) or through other interagency cooperative purchasing
agreements as set forth in Chapter 39.34 RCW.
(2) Advertisement and formal bidding procedures may be dispensed with for purchases between
$10,000 and $50,000, (or the most current limits set by RCW 36.32.245, if higher), provided the
vendor list procedure provided for in RCW 39.04.190 is used.
(3) This Section does not apply to public works contracts.
3.55.070 Purchasing and Bidding Procedures.
(1) MRSC Rosters. The County may contract with the Municipal Research and Services Center of
Washington (MRSC) to have its official rosters advertised and hosted in the online database for
small public works contracts, consulting services, and vendor services.
(2) Purchasing and Bidding Guidelines. Procedures for purchasing and bidding shall follow the
guidelines published in the following documents:
(a) The County Bidding Book. Washington State, July 2018 or as subsequently revised, by the
Municipal Research Services Center (MRSC).
(b) Contracting for Senjces. Guidelines for Local Governments in Washington State, June
2020 or as subsequently revised, by the Municipal Research Services Center (MRSC).
(3) Authority to Adopt Other Procedures or Process Documents. The County may develop other
procedures or process documents, which shall be approved by the County Administrator.
(4) Current Procurement Thresholds and Purchasing Procedures. The procurement dollar thresholds
in effect as of the date this Chapter was adopted and the related purchasing procedures are
summarized in Table 1.
Page 3 of 7
Table 1: Procurement Thresholds and Purchasing Procedures
Category
Amount
Procedures Allowed
State Law (partial list)
Public
>$350,000 (or highest
Formal Competitive Bid
RCW 36.32.250
Works
limit in RCW 39.04.155
$50,000 - $350,000 (or
Small Works Roster, or
RCW 39.04.155
highest limit in RCW
Formal Competitive Bid
RCW 36.32.250
39.04.155
$0-$49,999 (or highest
Limited Public Works Process
RCW 39.04.155(3)
limit in RCW
(solicit quotations from at
39.04.155(3))
least 3 contractors on Small
Works Roster) or
Small Works Roster, or
RCW 39.04.155
Formal Competitive Bid
RCW 36.32.250
$0-$39,999 (or highest
Advertising and Competitive
RCW 36.32.250
limit in RCW 36.32.250)
Bidding May Be Dispensed
With On Order of the
County Commissioners, or
Limited Public Works Process
RCW 39.04.155(3)
(solicit quotations from at
least 3 contractors on Small
Works Roster) or
Small Works Roster, or
RCW 39.04.155
Formal Competitive Bid
RCW 36.32.250
Purchase of
>50,000 (or highest limit
Formal Competitive Bid
RCW 36.32.245
goods,
in RCW 36.32.245
equipment,
$10,000450,000 (or
Vendor List, or
RCW 36.32.245(3)
supplies, or
highest limit in RCW
Formal Competitive Bid
RCW 36.32.245
materials not
36.32.245
connected
$0-$9,999 (or highest limit
Advertising and Competitive
RCW 36.32.245(3)
with a public
in RCW 36.32.245)
Bidding May Be Dispensed
works
With, or
project
Vendor List, or
RCW 36.31245(3) &
RCW 39.04.190
Formal Competitive Bid
RCW 36.32.245(1)&(2)
Architecture,
All A&E projects,
Qualifications -based Selection
Chapter 39.80 RCW
engineering,
regardless of cost
Process
landscape
architecture,
or surveying
services
Page 4 of 7
Table 1: Procurement Thresholds and Purchasing Procedures (continued)
Category
Amount
Procedures Allowed
State Law (partial list)
Personal
$100,000 or more
Bid, or
N.A.
services
Request for Proposals, or
Request for Qualifications
>$50,000-$99,999 (or
Consultant Roster, or
N.A.
highest limit in RCW
Bid, or
36.32.245)
Request for Proposals, or
Request for Qualifications
$10,000450,000 (or
Limited Consultant Roster, or
N.A.
highest limit in RCW
Consultant Roster, or
36.32.245)
Bid, or
Request for Proposals, or
Request for Qualifications
$0-$9,999 (or highest limit
Advertising and Competitive
N.A.
in RCW 36.32.245)
Bidding May Be Dispensed
With, or
Limited Consultant Roster, or
Consultant Roster, or
Bid, or
Request for Proposals, or
Request for Qualifications
Purchased
$100,000 or more
Bid, or
N.A.
services
Request for Proposals
>$50,000-$99,999 (or
Consultant Roster, or
N.A.
highest limit in RCW
Bid, or
36.32.245)
Request for Proposals
$10,000450,000 (or
Limited Consultant Roster, or
N.A.
highest limit in RCW
Consultant Roster, or
36.32.2-45)
Bid, or
Request for Proposals
$0-$9,999 (or highest limit
Advertising and Competitive
N.A.
in RCW 36.32.245)
Bidding May Be Dispensed
With, or
Limited Consultant Roster, or
Consultant Roster, or
Bid, or
Request for Proposals
(5) Subdivision of Purchases Prohibited. No contract or purchase shall be subdivided to avoid the
requirements of this chapter.
Page 5 of 7
3.55.080 Conflicts of Interest.
All persons involved in county purchasing are required to follow the rules regarding conflicts of interest as
set forth in Chapter 42.23 RCW as now or hereafter amended and, in addition thereto, are expressly
prohibited from accepting, directly or indirectly, from any person, company, firm, or corporation to which
any procurement or contract is or might be awarded, any rebate, gift, money or anything of value
whatsoever, except where given for the use and benefit of the county.
3.55.090 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held to
be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance; it being herein expressly declared that this
ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof would have been
adopted irrespective of the fact that one (1) or more other sections, subsections, paragraphs, sentences,
clauses, or phrases be declared invalid or unconstitutional.
3.55.100 Repealer.
All prior resolutions and ordinances establishing the requirements for letting of County contracts are hereby
repealed and replaced. In the event a prior resolution conflicts with this Chapter, this Chapter shall take
precedence.
3.55.110 Effective Date
This ordinance shall become effective immediately after being approved by the Board.
(SIGNATURES FOLLOW ON NEXT PAGE)
Page 6 of 7
DATED this 16' day of November, 2020.
Caroly Gallaway Date
Deputy Clerk of the Board
Approved as to form only:
Philip Hunsucker Da
Chief Civil Deputy Prosecuting Attorney
JEFFERSON
Greg Orton, Chairman
Kat}e Dean, Member
Da id Sullivan, Member
Page 7 of 7
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Mark McCauley, Central ,5� ' es Director
Monte Reinders, Public Works Director
Veronica Shaw, Deputy Public Health Director
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
DATE: November 16, 2020
SUBJECT: Public Hearing regarding an update to the County's procurement code (JCC
3.55)
STATEMENT OF ISSUE: Jefferson County Code, Chapter 3.55, Letting of County
Contracts, dates from 1992. The purchasing dollar thresholds in the current code chapter have
not been revised in 28 years. Inflation during this time period has been at a cumulative rate of
85.5 percent. This has caused more and more county procurement actions to be governed by
progressively onerous requirements. Revising the code to link county procurement dollars
thresholds to those in RCW 36.32.245 will reduce the administrative burden associated with
letting contracts and will make staff more efficient. In addition, that linkage will preclude
having to update the ordinance when dollar thresholds in the RCW change.
ANALYSIS: Over the past 28 years inflation has increased the cost of most supplies, services,
etc. the county needs to procure to fulfill its many missions. As the cost of items increases the
procurement process and procedures become steadily more time consuming. Indexing county
purchasing thresholds to those in the RCW will streamline and simplify many procurement
actions at the county, increasing efficiency and improving productivity. Doing this will also
eliminate the need for the county to continually update its procurement ordinance to keep pace
with the RCW.
At this public hearing staff will brief the Commissioners on the proposed procurement ordinance,
which is attached.
FISCAL IMPACT: This request has no fiscal impact. However, adopting the proposed
ordinance will save significant staff and legislative resources.
RECOMMENDATION: That the Board of County Commissioners approve the proposed
revised procurement ordinance.
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