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Home My WebLink About4975 ORDINANCE NO. -'l'17S AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending certain sections of Chapter 2.76 of the Bremerton Municipal Code relating to procurement of goods and services, and further, repealing certain ordinances relating to the purchase and sale of goods, services and property. WHEREAS, the City Council desires to amend provisions of Chapter 2.76 of the Bremerton Municipal Code relating to procurement of goods and services and the contract approval authority for purchases and make other related amendments, and WHEREAS, the City Council, as a housekeeping measure, desires to repeal certain ordinances relating to the purchase and sale of goods, services and property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.76.100 of the Bremerton Municipal Code entitled "Purpose" is hereby amended to read as follows: 2.76.010 PURPOSE It is the purpose of this policy chapter to provide guidelines for the purchase of goods and services by the City in order to maintain an efficient and accountable purchasing process. It is also the purpose of this policy chapter to allow for the flexible application of these guidelines for more efficient and cost-effective purchases where their strict application would not be in the City's best interest, such as, for example, in those instances where requests for bids or quotations would not be appropriate due to a sole source supplier or where negotiations with a particular supplier would be more appropriate due to a specialized need of the City. SECTION 2. Section 2.76.040 of the Bremerton Municipal Code entitled "Requests for Bids and Bid List" is hereby amended to read as follows: 2.76.040 REQUESTS FOR BIDS AND BID LISTS. Requests for bids required in this section shall be solicited for the purpose of establishing comparable and competitive bid pricing and the best price for the proposed purchase. Bids received in response to such requests for bids shall be documented and submitted, along with any other relevant material, to the approving authority as set forth in BMC 2.76.()6()100. Bids for purchases shall be obtained as follows: (a) Purchases ofTen Thousand Dollars ($10,000) or Less. Any contract for which the estimated cost to purchase goods or services is ten.thousand dollars ($10,000) or less shall be entered into pursuant to such terms and conditions as may be authorized by the Director. Purchases under this subsection are not required to be entered into pursuant to solicitation or requests for bids and may be entered into through direct negotiations. 1 Procurement and Disposal 2006 Amendment (b) Purchases over Ten Thousand Dollars ($10,000) but Not Exceeding Twenty-Five Thousand Dollars ($25,000). If it appears that the estimated cost of a contract to purchase goods or services, other than professional and consulting services, will be over ten thousand dollars ($10,000) but not exceeding twenty-five thousand dollars ($25,000), the Director may contract as follows: (1) Telephone and/or Written Bids. Solicit, obtain and document telephone and/or. written comparable bids for each purchase from at least three (3) sources. If less than three (3) vendors are available for bids after reasonable attempts, then such shall be documented and bids may be obtained from the available sources; (2) Bid Lists. For regularly made purchases, a list of comparable bids may be maintained and updated periodically and purchases made from that list without soliciting bids for each such purchase; (3) Written Request for Bids. Request in writing, and obtain from at least three (3) sources, written comparable bids for each purchase. Requests for bids should be in writing and contain appropriate specifications and terms of purchase as may be applicable. If less than three (3) vendors are available for bid after reasonable attempts, then such shall be documented and bids may be obtained from the available sources; or (4) Advertised Request for Bids. Publish notice calling for bids in a newspaper of general circulation most likely to bring responsive bids at least ten (10) days before entering into that contract. The notice shall generally state the nature of the contemplated purchase and the description or specifications thereof, and it shall require that the bids be filed with the City Clerk or other designated office of the City within the time specified therein. (c) Purchases over Twenty-Five Thousand Dollars ($25,000). !fit appears that the estimated cost of a contract to purchase goods or services, other than professional and consulting services, will be over twenty-five thousand dollars ($25,000), the Director may contract for purchase as follows: (1) Written request for bids pursuant to subsection (b)(3) of this section; or (2) Advertised request for bids pursuant to subsection (b)(4) of this section. ( d) Award of Contract on Best Bid. Subject to the authorization requirements set forth in BMC 2.76.100, the Director may: (1) Award a contract for purchase to the best bid as defined in BMC 2.76.030(a) in response to a solicitation or request for bid pursuant to this section; (2) Reject any and all bids; and/or (3) Enter into direct negotiations with a bidder to modify the product or service to be purchased or to obtain a more favorable price or terms for the City. If an award of a contract for goods and services is made to a supplier who is not the lowest bidder, then the reason for awarding the contract to another supplier shall be documented (delivery time, warranty, the bid did not meet the product or service requirements of the City, or specific product line preferred for uniform equipment fleet, etc.). (e) Local Preference Purchase for Goods. When reviewing bids for purchase, all things being equal when considering factors such as product quality, delivery, warranty or service provided, there is a preference to purchase from a local supplier. A local supplier is a supplier having an office or facility located in Kitsap County and licensed to do and doing business in the county. (f) Contracts with Other Public Entities. In lieu of the requirements for requests for bids pursuant to this section, the City may, pursuant to an interlocal agreement with another 2 Procurement and Disposal 2006 Amendment public entity which has entered into a contract with a supplier pursuant to an advertised request for bid, contract with said supplier on similar terms for the purchase of materials, supplies or equipment. SECTION 3. Section 2.76.080 of the Bremerton Municipal Code entitled "Determining Cost of Contract" is hereby amended to read as follows: 2.76.080 DETERMINING COST OF CONTRACT. To determine the cost of a contract for the purpose of establishing the appropriate purchasing procedures under this chapter, when the contract has no definite term or unit amount such as a supply contract or blanket purchase order, the amount of each individual purchase shall determine the appropriate purchasing procedures. Contracts may not be split to avoid the bidding and authorization requirements set forth in this chapter. Bid splitting includes the inappropriate division of a purchase into separate units for purchase and/or over a period of time merely for the purpose of avoiding the required approval processes. Bid splitting does not include the p-urchase of goods or services by different City departments or offices for unrelated proiects or purposes. SECTION 4. A new section, Section 2.76.160, ofthe Bremerton Municipal Code entitled "Policies and Procedures" relating to purchasing is hereby created to read as follows: 2.76.160 POLICIES AND PROCEDURES. The Mayor is authorized to establish and implement policies and procedures deemed appropriate for the administration of this Chapter. These policies and procedures shall be set forth in City policy No. 1-20-03. SECTION 5. Ordinances revealed. Ordinances No.'s 4492, 4562, 4610, 4682, 4702,4737 and 4868 relating to purchasing procedures and property disposal and Ordinance No. 4475 relating to real property purchases and disposal are hereby repealed in their entirety. SECTION 6. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 7. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the ~) day of ~I' ,2006 ~,/~ CECIL McCONNELL, Council President 3 Procurement and Disposal 2006 Amendment Approved this I~A; day of ~f71 ' ATTEST: PUBLISHED the /Q;f.JJ day of (~/4- EFFECTIVE the d,O Ht.J day of ~ ~ ORDINANCE NO. if q 15 CARY B APPROVED AS TO FORM: R GER A. LUBOVICH, City Attorn R:\Legal\Legal\Ordinances\Finance\Purchasing 2006 Amendment.doc 4 ,2006 ,2006 Procurement and Disposal 2006 Amendment AFFIDAVIT OF PUBLICATION ;. Account # 42742 / Ad # 71079 STATE OF WASHINGTON COUNTY OF KITSAP I, Sarah Weller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was July 10,2006, and that such newspaper was regularly distributed to its subscribers during all of $29.86 which amount has not been paid in full. ~. [1"€~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of July 19,2006. OFFiCIAL SEAL AWN BLATT NOTARY PUBLIC - STATE OF WASHINGTON My Commission Expires July 30, 2006 Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4975 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending certain sections of Chapter 2.76 of the Bremerton Municipal Code relating to procurement of goods and services, and further, repealing certain ordinances relating to the purchase and sale of goods, services and property. PASSED by the City Council the 5th day of July, 2006 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. July 10, 2006..............................AD #20009658