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Title 3
REVENUE AND FINANCEChapters:
3.05 Sales and Use Tax
3.10 Additional Sales and Use Tax
3.15 Leasehold Excise Tax
3.20 Real Estate Excise Tax
3.25 Gambling Tax
3.30 Purchasing System
3.40 Funds
3.45 Equipment Rental Fund
3.50 Water Utility Fund
3.55 Sanitary Sewer Utility Fund
3.60 Surface Water Utility Fund
3.65 Open Space Reserve Fund
3.70 Local Option Transportation Tax
3.75 Transportation Impact Fee Fund
3.80 Hotel/Motel Excise Tax
Chapter 3.05
SALES AND USE TAXSections:
3.05.010 Imposition of sales and use tax.
3.05.020 Rate of tax.
3.05.030 Administration and collection.
3.05.040 Consent to inspection of records.
3.05.050 City and State to contract.
3.05.060 Penalties.
3.05.010 Imposition of sales and use tax.
Pursuant to authorization of RCW 82.14.030(1), there is hereby imposed a sales or use tax, as the case may be, upon every taxable event as defined in RCW 82.14.020, occurring within the City. The tax shall be imposed upon and collected from those persons who are taxable by the State pursuant to Chapters 82.08 and 82.12 RCW. (Ord. 89-1001 § 1)
3.05.020 Rate of tax.
The rate of the tax imposed by Section 3.05.010 shall be five-tenths of one percent of the selling price, in the case of the sales tax, or value of the article used, in the case of the use tax. Notwithstanding the foregoing, however, during such period as King County imposes a sales or use tax, the rate of tax imposed by the City shall be four hundred and twenty-five one-thousandths of one percent. (Ord. 89-1001 § 2)
3.05.030 Administration and collection.
The administration and collection of the tax imposed by Section 3.05.010 shall be in accordance with the provisions of RCW 82.14.050. (Ord. 89-1001 § 3)
3.05.040 Consent to inspection of records.
The City hereby consents to the inspection by the State Department of Revenue of such City records as are necessary to qualify the City for inspection of records of the Department of Revenue, pursuant to RCW 82.32.330. (Ord. 89-1001 § 4)
3.05.050 City and State to contract.
The City Manager and the City Clerk are hereby authorized, on behalf of the City, to enter into a contract with the State Department of Revenue for the administration of the taxes imposed herein, pursuant to RCW 82.14.050. A copy of the contract shall be maintained on file in the Office of the City Clerk and is, by this reference, incorporated herein. (Ord. 89-1001 § 5)
3.05.060 Penalties.
It is unlawful for any seller to fail or refuse to collect taxes with intent to violate the provisions of Sections 3.05.010 and 3.05.020, or to gain some advantage or benefit, whether director indirect, or for any buyer to refuse to pay any tax due under the provisions of Sections 3.05.010 and 3.05.020. Any such violation shall constitute a misdemeanor and shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment for any term not exceeding one hundred eighty (180) days, or both. (Ord. 89-1001 § 6)
Chapter 3.10
ADDITIONAL SALES AND USE TAXSections:
3.10.010 Imposition of additional sales and use tax.
3.10.020 Rate of tax.
3.10.030 Administration and collection.
3.10.040 Consent to inspection of records.
3.10.050 City and State to contract.
3.10.060 Penalties.
3.10.010 Imposition of additional sales and use tax.
Pursuant to authorization of RCW 82.14.030(2), there is hereby imposed an additional sales or use tax, as the case may be, upon every taxable event as defined in RCW 82.14.020, occurring within the City. The tax shall be imposed upon and collected from those persons who are taxable by the State pursuant to Chapters 82.08 and 82.12 RCW. (Ord. 89-1002 § 1)
3.10.020 Rate of tax.
The rate of the tax imposed by Section 3.10.010 shall be five-tenths of one percent of the selling price, in the case of the sales tax, or value of the articles used, in the case of a use tax. Notwithstanding the foregoing, however, during such period as King County imposes an additional sales or use tax pursuant to RCW 82.14.030(2), then allocation of the additional sales and use taxes between the County and City shall be governed by RCW 82.14.030(2). (Ord. 89-1002 § 2)
3.10.030 Administration and collection.
The administration and collection of the tax imposed by Section 3.10.010 shall be in accordance with the provisions of RCW 82.14.050. (Ord. 89-1002 § 3)
3.10.040 Consent to inspection of records.
The City hereby consents to the inspection by the State Department of Revenue of such City records as are necessary to qualify the City for inspection of records of the Department of Revenue, pursuant to RCW 82.32.330. (Ord. 89-1002 § 4)
3.10.050 City and State to contract.
The City Manager and the City Clerk are hereby authorized, on behalf of the City, to enter into a contract with the State Department of Revenue for the administration of the taxes imposed herein, pursuant to RCW 82.14.050. A copy of the contract shall be maintained on file in the Office of the City Clerk and is, by this reference, incorporated herein. (Ord. 89-1002 § 5)
3.10.060 Penalties.
It is unlawful for any seller to fail or refuse to collect taxes with intent to violate the provisions of Sections 3.10.010 and 3.10.020, or to gain some advantage or benefit, whether director indirect, or for any buyer to refuse to pay any tax due under the provisions of Sections 3.10.010 and 3.10.020. Any such violation shall constitute a misdemeanor and shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment for any term not exceeding one hundred eighty (180) days, or both. (Ord. 89-1002 § 6)
Chapter 3.15
LEASEHOLD EXCISE TAXSections:
3.15.010 Imposition of leasehold excise tax.
3.15.020 Rate of leasehold excise tax.
3.15.030 Exemptions.
3.15.040 Administration and collection.
3.15.050 City and State to contract.
3.15.010 Imposition of leasehold excise tax.
Pursuant to authorization of RCW 82.29A.040, there is hereby imposed a leasehold excise tax on the act or privilege of occupying or using publicly owned real or personal property within the City, through a “leasehold interest” as defined in RCW 82.29A.020. The tax shall be imposed upon and collected from those persons holding such leasehold interests within the City from whom a leasehold excise tax is collected by the State Department of Revenue, pursuant to Chapter 82.29A RCW. (Ord. 89-1003 § 1)
3.15.020 Rate of leasehold excise tax.
The rate of the tax imposed by Section 3.15.020 shall be four percent of the taxable rent, as defined by RCW 82.29A.020(2), less any allowable credits pursuant to RCW 82.29A.120. (Ord. 89-1003 § 2)
3.15.030 Exemptions.
Leasehold interests exempted from leasehold excise taxes by RCW 82.29A.130 and .135 shall also be exempt from the tax imposed by Section 3.15.010. (Ord. 89-1003 § 3)
3.15.040 Administration and collection.
The administration and collection of the tax imposed by Section 3.15.010 shall be in accordance with the provisions of RCW 82.29A.080. (Ord. 89-1003 § 4)
3.15.050 City and State to contract.
The City shall enter into a contract with the State Department of Revenue for the administration of the taxes imposed herein, pursuant to RCW 82.29A.080. A copy of the contract shall be maintained on file in the Office of the City Clerk and is, by this reference, incorporated herein. (Ord. 89-1003 § 5)
Chapter 3.20
REAL ESTATE EXCISE TAXSections:
3.20.010 Imposition of real estate excise tax.
3.20.020 Rate of tax imposed.
3.20.030 Taxable events.
3.20.040 Consistency with State tax.
3.20.050 Use of tax proceeds.
3.20.060 Seller’s obligation.
3.20.070 Lien provisions.
3.20.080 Payment and collection.
3.20.090 Date payable.
3.20.100 Excessive and improper payments.
3.20.110 Collection and enforcement authority.
3.20.010 Imposition of real estate excise tax.
Pursuant to authorization of RCW 82.46.010, there is hereby imposed an excise tax on each sale of real property within the corporate limits of the City. (Ord. 89-1004 § 1)
3.20.020 Rate of tax imposed.
The rate of the tax imposed by Section 3.20.010 shall be one-quarter of one percent of the selling price on each sale of real property. (Ord. 89-1004 § 2)
3.20.030 Taxable events.
Taxes imposed by Section 3.20.010 shall be collected from persons who are taxable by the State under Chapter 82.45 RCW, and Chapter 458-61 WAC, upon the occurrence of any taxable event, as defined therein, within the corporate limits of the City. (Ord. 89-1004 § 3)
3.20.040 Consistency with State tax.
The taxes imposed by Section 3.20.010 shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes imposed by the State under Chapter 82.45 RCW and Chapter 458-61 WAC. The provisions of those chapters shall apply as though fully set forth herein. (Ord. 89-1004 § 4)
3.20.050 Use of tax proceeds.
All proceeds received by the City from the taxes imposed by Section 3.20.010 shall be placed in a municipal capital improvement fund. These capital improvement funds shall be used by the City for local improvements, including, but not by way of limitation, those listed in RCW 35.43.040. (Ord. 89-1004 § 5)
3.20.060 Seller’s obligation.
The taxes imposed by Section 3.20.010 are the obligation of the seller and may be enforced through an action of debt against the seller or in the manner prescribed by the foreclosure of mortgages, without necessity for an election of remedies. (Ord. 89-1004 § 6)
3.20.070 Lien provisions.
The taxes imposed by Section 3.20.010, and any interest or penalties thereon, are a specific lien upon each piece of real property sold from the time of sale until the tax is paid, which lien may be enforced in the manner prescribed for the foreclosure of mortgages. (Ord. 89-1004 § 7)
3.20.080 Payment and collection.
The taxes imposed by Section 3.20.010 shall be paid to and collected by the Treasurer of King County. The Treasurer of King County shall act as agent for the City. The Treasurer for King County shall cause a stamp evidencing satisfaction of the lien to be affixed to the instrument of sale or conveyance, prior to its recording or to the real estate excise tax affidavit, in the case of used mobile home sales. A receipt issues by the Treasurer of King County, for payment of the tax imposed by Section 3.20.010 shall be evidence of the satisfaction of the lien imposed in Section 3.20.070 hereof and may be recorded in the manner prescribed for recording satisfaction of mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax may be accepted by the King County Department of Records and Elec
tions for filing or recording until the tax is paid and the same affixed thereto; in case the tax is not due on the transfer, the instrument shall not be accepted until suitable notation of this fact is made on the face of the instrument by the Treasurer of King County. (Ord. 89-1004 § 8)
3.20.090 Date payable.
The tax imposed under this chapter shall become due and payable immediately at the time of sale and, if not so paid within thirty (30) days thereafter, shall bear interest at the rate of one percent (1%) per month from the time of sale until the date of payment. (Ord. 89-1004 § 9)
3.20.100 Excessive and improper payments.
If, upon written application by a taxpayer to the King County Treasurer for a refund, it appears a tax has been paid in excess of the amount actually due, or upon a sale or other transfer declared to be exempt, such excess amount or improper payment shall be refunded by the King County Treasurer to the taxpayer; provided, that no refund shall be made unless the State has first authorized the refund of an excessive amount or an improper amount paid, unless such improper amount was paid as a result of a miscalculation. Any refund made shall be withheld from the next monthly distribution to the City. (Ord. 89-1004 § 10)
3.20.110 Collection and enforcement authority.
The City is authorized and directed to enter into a contract with King County for administration, collection and enforcement of the real estate excise tax. (Ord. 89-1004 § 11)
Chapter 3.25
GAMBLING TAXSections:
3.25.010 Imposition of tax on gambling activities.
3.25.020 Exemptions.
3.25.030 Payment of tax on gambling activities.
3.25.040 Delinquencies.
3.25.050 Additional rules.
3.25.010 Imposition of tax on gambling activities.
There is hereby imposed a tax, at the rates set forth below, upon the following gambling activities, when authorized by Chapter 9.46 RCW, and when conducted in the City:
A. Five percent (5%) of the gross receipts from punch boards and pull-tabs, as those terms are defined by RCW 9.46.0273 and Rules and Regulations of the Gambling Commission.
B. Ten percent (10%) of the gross revenue, less the amount paid for or as prizes, received from bingo and raffles, as those terms are defined by RCW 9.46.0205 and RCW 9.46.0277.
C. Two percent (2%) of the gross revenue, less the amount paid for or as prizes, from amusement games, as that term is defined by RCW 9.46.0201.
D. Ten percent (10%) of the gross revenue from social card games, as that term is defined by RCW 9.46.0282 and Rules and Regulations of the Gambling Commission. (Ord. 99-1002 § 1: Ord. 89-1006 § 1)
3.25.020 Exemptions.
Bona fide charitable or nonprofit organizations, as defined by RCW 9.46.0209, conducting bingo, raffles or amusement games within the City shall be exempt from payment of the taxes imposed by SMC 3.25.010 on those activities, providing that such bona fide charitable or nonprofit organization shall employ no paid operating or management personnel and shall have gross income from bingo, raffles or amusement games, or any combination thereof, not exceeding five thousand dollars ($5,000) per year, less the amount paid for or as prizes. (Ord. 89-1006 § 2)
3.25.030 Payment of tax on gambling activities.
Every holder of a license issued by the Washington State Gambling Commission who shall conduct any taxable gambling activities within the City shall provide to the City a copy of each activity report required by the Gambling Commission pursuant to Chapter 230-08 WAC, no later than the date of filing required therein, and shall make payment, in full, of all taxes owing to the City at the same time. (Ord. 89-1006 § 3)
3.25.040 Delinquencies.
All taxes on gambling activities shall be delinquent if not paid on or before the due date, and interest shall accrue on all such delinquencies at the rate of one percent (1%) per month commencing on the next day following the due date. Delinquent taxes, and accrued interest, shall constitute a public debt owing to the City which may be collected by action at law and writ of attachment pursuant to RCW 9.46.350, as presently enacted together with amendments thereof or additions thereto, or which may be referred to a collection agency pursuant to RCW 19.16.500, as presently enacted together with amendments thereof or additions thereto. (Ord. 89-1006 § 4)
3.25.050 Additional rules.
The City Manager, or designee, shall have authority to adopt rules and regulations not inconsistent with the provisions of this chapter, for carrying out and enforcing payment, collection and remittance of the taxes herein levied. Such rules and regulations may include the form of tax return required to be filed with the City at the time of payment of the tax on gambling activities, and procedures for auditing of the taxpayer’s records. A copy of the rules and regulations so adopted shall be on file and available for public examination in the Clerk’s office. (Ord. 95-1012 § 1: Ord. 92-1044 § 1: Ord. 89-1006 § 5)
Chapter 3.30
PURCHASING SYSTEMSections:
3.30.010 Purpose.
3.30.020 Definitions.
3.30.030 Designation of City Purchasing Agent.
3.30.040 Procedure for purchase of tangible personal property.
3.30.050 Exceptions to competitive, sealed bid procedures.
3.30.060 Procedure for solicitation and purchase of professional and/or technical service consultant contracts.
3.30.070 Emergency purchases.
3.30.080 Time of bid or bid withdrawal.
3.30.090 Amendment of invitation to bid.
3.30.100 Vendor lists.
3.30.110 Criteria for qualification.
3.30.120 Electronically transmitted bids and withdrawals.
3.30.130 Telephone bids and withdrawals.
3.30.140 Form of bid.
3.30.150 Standard specifications.
3.30.160 Interpretation of specifications.
3.30.170 Request for samples or descriptive literature.
3.30.180 Alternate bid.
3.30.190 Pre-bid conferences.
3.30.200 Repealed.
3.30.210 Award and criteria.
3.30.220 Action by City Council.
3.30.230 Partial award.
3.30.240 Standard certificate of award.
3.30.250 Rejection.
3.30.260 Acceptance of terms.
3.30.270 Mistakes in bid detected prior to opening.
3.30.280 Mistakes in bid detected during or after opening.
3.30.290 Disclosure of bid information.
3.30.300 Cancellation of invitation to bid or rejection of all bids.
3.30.310 Notice of cancellation or rejection of bids.
3.30.320 Performance bond.
3.30.330 Product fitness.
3.30.340 Price escalation.
3.30.350 Change of product offered.
3.30.360 Intergovernmental cooperative purchasing.
3.30.370 Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments [Common Rule].
3.30.010 Purpose.
The purpose of this chapter is to delegate authority for the purchase or lease of material, equipment, services and supplies to the City Manager, or designee, as City Purchasing Agent. (Ord. 97-1007 § 1: Ord. 95-1012 § 1: Ord. 90-1032 § 1)
3.30.020 Definitions.
As used in this chapter, the following terms shall have the following meaning:
A. “Alternate” means material, supplies, equipment or services which deviate in respect to features, performance or use from the brand, model or specification designated as a standard whether or not such deviation constitutes an improvement.
B. “Annual contract” means an agreement between the City and a vendor, whereby the vendor agrees to supply specified items to the City for a fixed period of time in quantities to be determined by the City requirements and at a bid unit price.
C. “Bid” means an offer to perform a contract to sell, lease or supply material, equipment, services or supplies in response to a formal solicitation.
D. “Bidder” means one who submits a bid.
E. “Blanket contract” means an agreement between the City and a vendor, entered into without formal advertising and bid, whereby the vendor agrees to supply any and all goods or services merchandised by that vendor for a one (1) year period in quantities to be determined by the City requirements and indicated on purchase requisitions. The cost of such goods or services shall be as set forth at the time of contracting.
F. “City Purchasing Agent” is the City Manager, or designee, who is charged with procurement of all supplies, materials, equipment and services for the City with the exception of contracts for public works projects.
G. “Description” means identifying information distinctly and plainly set forth and sufficiently portrayed and explained to ensure that the product or service under consideration is uniquely identified.
H. “Emergency purchase” means a purchase made in response to unforeseen circumstances beyond the control of the City which presents a real, immediate and material threat to the public interests or property of the City.
I. An “equal” is material, equipment or supplies which equal or exceed the quality, performance and usefulness of the brand, model or specifications designated as the standard.
J. An “informality” or “irregularity” is one which is merely a matter of form or is some immaterial variation from the exact requirements of the invitation for bids, having no effect or merely a trivial or negligible effect on quality, quantity, or delivery of the supplies or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of or be otherwise prejudicial to bidders.
K. “Invitation to bid” means the procedure used in the formal sealed bid procedure.
L. “Purchase” includes leasing or renting.
M. “Purchaser” means the City and the department or agencies using material, equipment, supplies or services purchased.
N. “Request for quotation” means the procedure used when soliciting quotations. The request and the quote in response may be either written or oral as specified by the City Purchasing Agent.
O. “Single source purchase” means a purchase of goods or services which can reasonably be obtained from only one (1) known vendor.
P. “Specialized equipment purchase” means a purchase of goods or equipment which are not generally available from known and established vendors, and which require manufacture or alteration to meet specific needs of the City.
Q. “Specification” means the explicit requirements furnished with an invitation to bid or request for quotation upon which a purchase order or contract is to be based. Specifications set forth the characteristics of the equipment, material, supplies or services to be purchased to enable the bidder or vendor to determine and understand that which is to be supplied. This information may be either in terms of physical characteristics or performance requirements or both.
R. “Vendor” means the supplier of goods or services, or both. (Ord. 97-1007 § 1: Ord. 95-1012 § 1: Ord. 90-1032 § 2)
3.30.030 Designation of City Purchasing Agent.
The City Manager is hereby designated as the City Purchasing Agent, through whom all departments shall make purchases or leases of every kind and character, with the exception of contracts for public works and improvements which shall be the responsibility of the Director of the Department of Public Works. The City Manager may delegate the authority and responsibilities of the City Purchasing Agent to any appropriate member of the City staff.
Within the limits of available technology and staff capabilities, the City Purchasing Agent shall:
A. Develop a system to collect information concerning the type, cost, quality and annually consumed quantity of commonly used supplies, materials and equipment to ensure acquisition, as needed, of quality items at reasonable cost.
B. Develop a system to identify surplus, obsolete, or inoperative supplies, materials, and equipment, and to dispose of the same in a reasonable manner, with consideration for donation to public and nonprofit entities.
C. Develop a system to maintain current records of fixed assets purchased and fixed assets surplused and disposed of.
D. Develop standards for determining when quotations or sealed bids should be required for any particular purchase. (Ord. 97-1007 § 1: Ord. 90-1032 § 3)
3.30.040 Procedure for purchase of tangible personal property.
The City Purchasing Agent shall determine the appropriate informal or formal process to be used in making any particular acquisition, except that purchases, other than single source purchases or specialized equipment purchases, of value in excess of twenty-five thousand dollars ($25,000) shall require the use of formal, competitive bidding. If the City Purchasing Agent determines, or is required, to use formal, competitive bidding, the Purchasing Agent shall prepare bid specifications and advertise for bids. In addition, the City Purchasing Agent shall mail invitations to bid to a sufficient number of prospective bidders to elicit adequate competition, such vendors being drawn from established vendor lists and from any other source thought to be of advantage to the City. Formal, competitive bidding shall be subject to the further provisions of SMC 3.30.080 through 3.30.350. (Ord. 97-1007 § 1: Ord. 90-1032 § 4)
3.30.050 Exceptions to competitive, sealed bid procedures.
A. The City Purchasing Agent is granted authority to let any contract, lease or purchase of material, equipment, services or supplies involving a purchase value less than twenty-five thousand dollars ($25,000), without advertisement and without competitive bidding. However, purchases of value in excess of five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000) shall be reported by voucher to the City Council for approval by motion in accordance with the Council’s administrative procedures.
B. To ensure availability, quality, and reasonable price, the City Purchasing Agent shall:
1. Obtain telephone and/or written quotations from enough vendors to assure establishment of a competitive price and to award such contract to the lowest responsible bidder.
2. Record bid quotations or proposals which shall be available to public inspection and shall be available by telephone inquiry.
C. Purchases which are reasonably limited to a single known source of supply and purchases involving special facilities, services or market conditions may be acquired through direct negotiations with a single vendor.
D. Specialized equipment purchases shall not be subject to formal, competitive bidding, but shall be negotiated and the City Council shall be advised in the same manner as indicated at subsection (A) of this section.
E. In appropriate circumstances, the City Purchasing Agent may purchase used equipment from private vendors or public and private entities.
F. When no bids or proposals are received in response to an invitation to bid or a request for proposals, the City Purchasing Agent is authorized to procure the required item or service through direct negotiations with a vendor or to rebid as the City Purchasing Agent deems appropriate. (Ord. 98-1016 § 1; Ord. 97-1007 § 1: Ord. 90-1032 § 5)
3.30.060 Procedure for solicitation and purchase of professional and/or technical service consultant contracts.
A. Professional and/or technical service consultant contracts shall be construed as meaning those in which the City enters into a legal agreement to purchase services requiring special expertise from a corporation, firm, agency, individual or group of individuals who for a fee and based on their recognized expertise, perform a defined service for the City. Examples of such service include, but are not limited to, the following:
1. Financial or administrative studies;
2. Feasibility studies of a scientific or technical nature;
3. Special project management for a defined period of time or result;
4. Management advisory services;
5. Engineering and architectural consulting services;
6. Legal advice and representation.
B. Prior to entering into a professional/technical services contract, the requesting department or the City Purchasing Agent, when appropriate, shall evaluate all statements on file, together with those that may be submitted by other firms and shall conduct discussions with one (1) or more firms regarding anticipated concepts and the relative usefulness of alternative methods or approaches.
C. The City Purchasing Agent shall then develop, with the requesting department, the written criteria which will be used to determine which professional/technical firm to recommend for contract award. Such criteria shall include, but not be limited to, the following:
1. Quality of past performance;
2. Known and documented expertise;
3. Documentation, as required, and demonstration of financial capability to perform required work;
4. Cost of performance, where appropriate.
D. If formal requests for proposals or requests for qualifications are deemed appropriate, the City Purchasing Agent shall:
1. Develop bid specifications or a project description in the form of a request for proposal in concert with the requesting department;
2. Publicly advertise the request for proposals and the name of the contact person from whom the project specifications shall be available;
3. Rank the proposals submitted based upon the criteria set forth in subsection (C) above, and submit the ranked proposals to the City Manager and department head with appropriate recommendations.
E. The appropriate consultant shall then be selected to be awarded the contract, subject to reporting by voucher to the City Council for approval by motion in accordance with the Council’s administrative procedures. In the event the City Purchasing Agent fails to negotiate satisfactory terms with the selected consultant, the City Purchasing Agent shall then begin negotiations with the next highest ranked consultant. (Ord. 98-1016 § 2; Ord. 97-1007 § 1: Ord. 90-1032 § 6)
3.30.070 Emergency purchases.
In the event of an emergency when the public interest or property of the City would suffer material injury or damage by delay, upon declaring the existence of such emergency and reciting the facts constituting the same, the City Purchasing Agent, with the approval of the City Manager, may waive the requirements for competitive, sealed bids. The City Manager shall report, in detail, such emergency expenditures to the City Council within seven (7) days of declaring the emergency and a written determination of the basis for the emergency and for the selection of the particular vendor or vendors shall be included in the City Purchasing Agent’s file. (Ord. 90-1032 § 7)
3.30.080 Time of bid or bid withdrawal.
A. The bidding or quoting time shall be as determined by the City Purchasing Agent. All invitations to bid shall provide sufficient time to allow bidders an opportunity to prepare and submit their bid. The City Purchasing Agent shall have the discretion to lengthen or shorten bid or quote time should special circumstances or needs dictate a shorter or longer time frame. All bids and withdrawals must be received on or before the time specified and at the place designated in the invitation bid. No deviations will be allowed. Late bids and untimely withdrawals will be returned without action.
B. All bids shall be date stamped upon receipt and prior to opening. Precautions will be taken to insure security in respect to the bids. Bids which are received but which do not identify the invitation to bid or the time for bid opening may be opened but solely for identification purposes, and only by officially designated personnel. All late bids or late withdrawal requests will be date and time recorded upon request. (Ord. 90-1032 § 8)
3.30.090 Amendment of invitation to bid.
An invitation to bid may be changed or amended by the City Purchasing Agent provided the change is issued in writing prior to the bid opening date. Such changes will be furnished to all interested vendors in the form of an addendum. Any material information provided a prospective bidder with regard to an invitation to bid shall be furnished to all bidders on the vendor list receiving a copy of the original invitation. Oral interpretations of contact terms and conditions shall not be binding on the City unless confirmed in writing by the City Purchasing Agent and provided to all bidders at least twenty-four (24) hours before bid opening. (Ord. 90-1032 § 9)
3.30.100 Vendor lists.
Vendor lists shall be categorized according to commodities or services and shall be maintained and updated by the City Purchasing Agent. Such vendor lists shall be used by the City Purchasing Agent to determine vendors from which to solicit bids. (Ord. 90-1032 § 10)
3.30.110 Criteria for qualification.
A vendor’s eligibility for inclusion on a vendor list shall be based upon the following factors:
A. The financial standing and responsibility of the vendor;
B. The vendor’s facilities for production, distribution and service;
C. The length of time the vendor has successfully been in business;
D. The vendor’s performance on previous contracts;
E. The ready availability to the City of the vendor’s sales and service capabilities;
F. Such other information as may be secured concerning a vendor’s ability to satisfactorily perform a contract for the City. (Ord. 90-1032 § 11)
3.30.120 Electronically transmitted bids and withdrawals.
Bids transmitted by electronic means, such as telegraph and facsimile instruments, which provide a paper copy, may be accepted if approved in advance by the City Purchasing Agent. Withdrawals of bids transmitted to the City by such electronic means shall be accepted if timely received. (Ord. 90-1032 § 12)
3.30.130 Telephone bids and withdrawals.
Neither telephone bids nor telephone withdrawals shall be accepted, except when using the procedure set forth in SMC 3.30.050(B). (Ord. 90-1032 § 13)
3.30.140 Form of bid.
A. To receive consideration, bids and quotes shall be made on the form provided by the City Purchasing Agent. If a letter is used to supplement the City Purchasing Agent bid form it must meet the satisfaction of the City Purchasing Agent, be properly headed and signed, properly marked on the outside of the envelope, and received by the time specified.
B. All bids and quotes must be filled out in ink or be typewritten and must be properly signed by an authorized representative of the vendor. All changes and/or erasures shall be initialed in ink. Unsigned bids or quotes will be rejected on opening. (Ord. 90-1032 § 14)
3.30.150 Standard specifications.
Specifications contained in the invitation to bid will, where practical, be nonrestrictive so as to provide an equal basis for competition and participation by an optimum number of qualified bidders. Unless otherwise specifically provided in the invitation to bid, reference to any equipment, material or supplies by trade name, make or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competi
tion. All bids which offer a different trade name, make or catalog number must state whether the item offered is equal or an alternative, and literature which describes the item offered must be provided when available. The final decision as to whether an item is an equal or a satisfactory alternate shall rest with the City Purchasing Agent. (Ord. 90-1032 § 15)
3.30.160 Interpretation of specifications.
In the event of discrepancies or omissions in the bid specifications, or doubt as to their meaning, the bidder shall immediately notify the City Purchasing Agent in writing. In response, written instructions and/or addenda as required shall be sent to all interested parties. The City Purchasing Agent shall not be responsible for oral interpretations not confirmed in writing by the City Purchasing Agent giving the interpretation at least twenty-four (24) hours before bid opening. (Ord. 90-1032 § 16)
3.30.170 Request for samples or descriptive literature.
The City Purchasing Agent reserves the right to ask for samples, competitive demonstrations, and/or descriptive literature at bidder’s expense. If not destroyed in testing or required for quality control, bidders may request return of samples at their expense. (Ord. 90-1032 § 17)
3.30.180 Alternate bid.
The City Purchasing Agent shall have the discretion to accept an alternate bid if it can be shown that the alternate substantially conforms to the bid specifications. If a bidder represents an article as being “an equal” when in fact it is “an alternative” the bid may be disregarded. (Ord. 90-1032 § 18)
3.30.190 Pre-bid conferences.
Pre-bid conferences may be scheduled by the City Purchasing Agent to answer any questions regarding the specifications, or, after interested vendors have reviewed the specifications, to discuss proposed changes. (Ord. 90-1032 § 19)
3.30.200 Bid Committee for opening of bids.
Repealed by Ord. 98-1016. (Ord. 90-1032 § 20)
3.30.210 Award and criteria.
A contract shall be awarded to the lowest responsible bidder (or bidders, where multiple awards are appropriate) based upon the following criteria:
A. The price, including the effect of term discounts and taxes. Price may be determined by life-cycle costing if so indicated in the invitation to bid;
B. The quality of the material or services proposed to be supplied, their conformity with specifications and the purposes for which they are required;
C. The ability, capacity and skill of the bidder to perform the contract and provide the services required;
D. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
E. Whether the bidder can perform the contract within the time specified;
F. The quality of performance of previous contracts or services;
G. The previous and existing compliance by the bidder with the laws relating to the contract or services;
H. Servicing resources, capability and capacity;
I. Lack of uniformity or interchangeability if such factors are important;
J. The energy efficiency of the product as projected throughout the anticipated useful life of the product;
K. Such other information as may be secured having a bearing on the decision to award the contract;
L. All things being equal, tie bids shall be resolved by a flip of the coin in the presence of witnesses. (Ord. 90-1032 § 21)
3.30.220 Action by City Council.
The City Purchasing Agent shall rank the proposals submitted based upon the criteria set forth in Section 3.30.210, and shall then refer the ranked proposals to the City Council together with appropriate recommendations. The City Council shall then select the bidder to be awarded the contract; provided, that in the event the City Purchasing Agent fails to negotiate satisfactory terms with the selected bidder, with consent of the City Council, the City Purchasing Agent shall then begin negotiations with the next highest ranked bidder. (Ord. 90-1032 § 22)
3.30.230 Partial award.
The City Purchasing Agent shall have the discretion to award on an “all or nothing” basis or to accept any portion of the items bid, excluding others, unless the bidder stipulates all or nothing on the bid. (Ord. 90-1032 § 23)
3.30.240 Standard certificate of award.
A standard certificate of award, or in the case of a direct purchase, a purchase order will normally be mailed to the successful vendor. (Ord. 90-1032 § 24)
3.30.250 Rejection.
No notice will be sent to unsuccessful bidders. (Ord. 90-1032 § 25)
3.30.260 Acceptance of terms.
Acceptance shall be expressly limited to the terms and conditions of the contract or bid prescribed by the City Purchasing Agent. All material alterations, additional or different terms proposed by the bidder shall be rejected unless otherwise provided for in writing by the City Purchasing Agent. (Ord. 90-1032 § 26)
3.30.270 Mistakes in bid detected prior to opening.
Mistakes in bid detected prior to bid opening may be corrected by the bidder withdrawing the original bid and submitting a corrected bid to the City Purchasing Agent before the bid opening. If there is not sufficient time prior to bid opening to withdraw the original bid and submit a corrected bid, the bidder, or an authorized representative, may correct the mistake on the face of the original bid; provided, that the official opening time has not yet been reached. The time and date of any such correction shall be shown on the face of the original bid. (Ord. 90-1032 § 27)
3.30.280 Mistakes in bid detected during or after opening.
Bidder mistakes in a bid detected during or after bid opening may not be corrected. If the bidder submits evidence in writing satisfactory to the City Purchasing Agent and to the City Manager that a mistake has been made by the bidder in the calculation of the bid, the bid may be withdrawn; provided, that the claim of mistake and the evidence in support thereof must be made and provided within three (3) business days after the bid has been opened. (Ord. 90-1032 § 28)
3.30.290 Disclosure of bid information.
After award, the bids of all bidders shall be opened to public inspection at the offices of the City Purchasing Agent during normal office hours. The City Purchasing Agent assumes no responsibility for the confidentiality of submitted bids. (Ord. 90-1032 § 29)
3.30.300 Cancellation of invitation to bid or rejection of all bids.
The City Purchasing Agent reserves the right to reject all bids, cancel an invitation to bid or request for proposals, and/or call for new bids. Examples of reasons for cancellation of an invitation or request, or for rejection of all bids shall include, but not be limited to, the following:
A. Inadequate or ambiguous specifications;
B. Revision of specifications;
C. Requested supplies or services are no longer required;
D. Lowest responsible bid deemed not best price obtainable;
E. Bids are not independently arrived at, were submitted in bad faith, or involved price fixing;
F. A determination is made that all the necessary requirements of the bid process have not been met;
G. Insufficient competition;
H. Other indications that cancellation or rejection of all bids is clearly in the best interest of the City. (Ord. 90-1032 § 30)
3.30.310 Notice of cancellation or rejection of bids.
In the event of a cancellation of an invitation or a request, or in the event all bids are rejected, all participating bidders will be notified by mail. (Ord. 90-1032 § 31)
3.30.320 Performance bond.
When required in the bid solicitation, the successful bidder shall be required by the City Purchasing Agent to post a performance bond or a performance/payment bond. The bond shall be in a form acceptable to the City Purchasing Agent. (Ord. 90-1032 § 32)
3.30.330 Product fitness.
Vendors shall warrant that the articles supplied under the contract shall conform to the specifications and are fit for the purpose for which such goods are ordinarily employed. (Ord. 90-1032 § 33)
3.30.340 Price escalation.
Vendor shall not be entitled to a price escalation except where specifically provided for in writing in the contract. (Ord. 90-1032 § 34)
3.30.350 Change of product offered.
A vendor shall not be allowed to substitute material, supplies, equipment or services from that offered; provided, however, if the material, supplies, equipment or services offered are no longer available to the vendor for reasons beyond its control, the City Purchasing Agent may consider a request by the vendor for substitution. All such requests must be in writing, must set forth the reasons the product or service is no longer available, and if requested must be accompanied by samples, record of performance, certified copies of tests by impartial and recognized laboratories, and such additional data as the City Purchasing Agent may request. Samples and data shall be furnished sufficiently in advance to allow for investigation before a decision is made. If the change is approved, the vendor shall warrant that the substitute article is equal to or better than the specified article. If the change results in any cost savings to the vendor, the cost savings shall be reflected in full by a reduction in price to the City. (Ord. 90-1032 § 35)
3.30.360 Intergovernmental cooperative purchasing.
A. The City Purchasing Agent is authorized to sell to, acquire from or use any supplies, material or equipment belonging to any agency, political subdivision, or unit of local government of this State including, but not limited to, special purpose and local service districts, any agency of the State government, King County, and any agency of the United States, without the necessity for competitive, sealed bids.
B. The City Purchasing Agent, or designee, shall have authority to join the above-described units of government in cooperative purchasing plans when the best interests of the City would be served thereby; provided, that each of the participating units shall be separately invoiced by the vendors for purchases made under such plans, and the City shall not be obligated for purchases other than those required for its own use. It is further provided that in the case of purchases by the City through such intergovernmental cooperative purchasing plans, the City Manager or designee shall be authorized to negotiate with the successful bidder for any additional equipment, options and/or accessories where such equipment, options and/or accessories were not included in the bid package of the other public agency, political subdivision, or unit of local government, provided that such accessories, options or equipment could be purchased within budget amounts. It is further provided that the City Manager or designee is authorized to negotiate reductions or deletions of equipment, options and/or accessories where such equipment, options and/or accessories were included in the bid package of the other public agency, political subdivision, or unit of local government and where such equipment, options and/or accessories are not needed, wanted or required by the City. (Ord. 93-1034 § 1: Ord. 90-1032 § 36)
3.30.370 Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments [Common Rule].
The City hereby adopts as a part of its purchasing system the “Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments” as it relates to purchasing and procurement, established by the Office of Management and Budget (OMB) on March 11, 1988, and set forth in the OMB Circular A- 102 published in the March 11, 1988 Federal Register, pages 8034-8103, which is adopted herein by reference. A copy of the Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as it relates to purchasing and procurement shall be on file with the Office of the City Clerk. (Ord. 92-1046 § 1)
Chapter 3.40
FUNDSSections:
3.40.010 Current Expense Fund.
3.40.020 Claims Fund.
3.40.030 Payroll Fund.
3.40.040 Transfers to Claims Fund or Payroll Fund from insolvent funds.
3.40.050 Municipal Capital Improvements Fund.
3.40.055 Building Management Fund.
3.40.060 Arterial Street Fund.
3.40.070 Street Fund.
3.40.080 Surface Water Management Fund.
3.40.090 Contingency Fund.