Not an official copy.

Poulsbo, WA
Sample Resolution ______

A Sample Resolution Based on Resolution No. 93-14 From the City of Poulsbo

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF___________, WASHINGTON, ON THE SUBJECT OF PURCHASING AND PUBLIC WORKS CONTRACTING; ESTABLISHING A VENDOR LIST PROCESS FOR THE PURCHASE OF SUPPLIES, MATERIALS, AND EQUIPMENT AND A SMALL WORKS ROSTER PROCESS TO AWARD PUBLIC WORKS CONTRACTS.

WHEREAS, the Washington State Legislature in Chapter 198, Laws of 1993, amended the laws regarding purchasing of materials, supplies, and equipment and contracting for public works by municipalities, allowing certain purchases to be awarded by vendor lists and certain contracts to be awarded by a small works roster process; and

WHEREAS, in order to be able to implement the vendor list and small works roster processes, the City Council is required by law to adopt a resolution establishing the specific procedures; NOW, THEREFORE,

THE CITY COUNCIL OF THE CITY OF __________, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:

Section 1. The following vendor list purchasing procedures and small works roster procedures are established for use by the City, pursuant to RCW 35.23.352, 35A.40.210 [include this citation only for code cities] and chapter 39. 04 RCW.

A. Purchase of Materials, Supplies or Equipment.

1. Cost. The City is not required to use formal sealed bidding procedures or the procedures set forth in this Resolution to purchase materials, supplies, or equipment where the cost of same will not exceed Seven Thousand Five Hundred Dollars ($7,500). When the City desires to purchase materials, supplies, or equipment estimated to cost between Seven Thousand Five Hundred Dollars ($7,500) to Fifteen Thousand Dollars ($15,000), the procedures set forth in subsections A.2. through A.6. may be used.

2. Publication of Notice. At least twice a year, the City shall publish, in the City'sofficial newspaper, notice of the existence of the City's roster of vendors for materials, supplies, and equipment, and shall solicit names of vendors for the roster.

3. Telephone Quotations. The City shall use the following process to obtain telephone quotations from vendors for the purchase of materials, supplies, or equipment:
   a) a written description shall be drafted of the specific materials, supplies, or equipment to be purchased, including the number, quantity, quality, and type desired, the proposed delivery date, and any other significant terms of purchase;

   b) a City representative shall make a good faith effort to contact at least three of the vendors on the roster established according to subsection 2 above and, reading from the written description, obtain telephone quotations from the vendors on the required materials, supplies, or equipment;

   c) at the time such telephone quotations are solicited, the City representative shall not inform a vendor of any other vendor's bid on the materials, supplies, or equipment;

   d) a written record shall be made by the City representative of each vendor's bid on the materials, supplies, or equipment, and of any conditions imposed on the bid by such vendor;

   e) all of the telephone bids or quotations shall be collected and presented at the same time to the City Council for consideration, determination of the lowest responsible bidder, and award of the contract. [ Note that, in some cities, the council has authorized a staff member, such as the finance director or purchasing manager, to determine the lowest responsible bidder and make the award.]

4. Determining Lowest Responsible Bidder. The City shall purchase the materials, supplies, or equipment from the lowest responsible bidder, provided that whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the City may call for new bids. The following factors, in addition to price, may be taken into account by the City in determining the lowest responsible bidder:
   a) any preferences provided by law to Washington products and vendors;
   b) the quality of the materials, supplies, and equipment to be purchased;
   c) the conformity of the materials, supplies, and equipment to the City's specifications;
   d) the purposes for which the materials, supplies, and equipment are required;
   e) the times for delivery of the materials, supplies, and equipment;
   f) the character, integrity, reputation, judgment, experience, and efficiency of the bidder; and
   g) such other information as may have a bearing on the decision to purchase the materials, supplies, or equipment.

5. Award. Immediately after the contract award is made, the written record of each vendor's bids or quotations shall be open to public inspection and available to the public by telephone inquiry. Any contract awarded under this subsection need not be advertised.

6. Posting. A list of all contracts awarded under the above procedures must be posted at City Hall on the __________ once every two months. The list shall contain the name of the vendor awarded the contract, the amount of the contract, a brief description of the items purchased under the contract, and the date it was awarded. The list shall also state the location where the bid quotations are available for public inspection.

B. Public Works Contracts.

1. Cost. The City need not comply with formal sealed bidding procedures for contracting public works where the estimated cost does not exceed One Hundred Thousand Dollars ($100,000.00), which includes the costs of labor, material, and equipment. Instead, the City may use the small works roster procedures set forth in subsections B.2. through B.8.

2. Number of Rosters. The City may create a single general small works roster or may create multiple small works rosters for different categories of anticipated work.

3. Contractors on Small Works Roster(s). The small works roster(s) shall consist of contractors who:
   a) have requested to be on the roster(s) ; and
   b) are properly licensed or registered in this state to perform the work.

4. Publication. Twice a year, the City shall publish a notice in the City's officialnewspaper, stating the existence of the small works roster(s) and shall solicit names of contractors for the roster(s).

5. Telephone or Written Quotations. The City shall obtain telephone or written quotations for public works contracts under this section as follows:
   a) the City shall write a description of the scope and nature of the work to be done, together with any other specifications material to the bid;

   b) a City representative shall contact at least five appropriate contractors from the small works roster(s) and, reading from the written description, obtain telephone or written bids from the contractors. At the time each of the bids are solicited, the City representative shall not inform a contractor of the terms or amount of any other contractor's bid for the same project;

   c) once a contractor has been afforded an opportunity to submit a proposal, that contractor shall not be offered another opportunity until all other appropriate contractors on the roster have been given an opportunity to submit a bid;

   d) a written record shall be made by the City representative of each contractor's bid on the project and of any conditions imposed on the bid;

   e) all of the telephone bids or quotations shall be collected and presented at the same time to the City Council for consideration, determination of the lowest responsible bidder, and award of the contract. [ Id.]

6. Determining Lowest Responsible Bidder. The City Council shall award the contract for the public works project to the lowest responsible bidder provided that, whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the City Council may call for new bids. In addition to price, the City Council shall take into account all of the factors described in Subsection A.4. of this Resolution, together with the following:
   a) the ability, capacity, and skill of the bidder to perform the contract;

   b) whether the bidder can perform the contract within the time specified by the city;

   c) the quality of the bidder's performance of previous contracts or services;

   d) the previous and existing compliance by the bidder with laws relating to the contract or services.

7. Award. Immediately after the contract award is made, the written record of eachcontractor's bids or quotations shall be open to public inspection and available to the public by telephone inquiry. Any contract awarded under this subsection need not be advertised.

8. Posting. A list of all contracts awarded under the above procedures must be posted at City Hall on the __________ at least once every two months. The list shall contain the name of the contractor awarded the contract, the amount of the contract, a brief description of the items purchased under the contract, and the date it was awarded. The list shall also state the location where the bid quotations are available for public inspection.

ADOPTED this _____ day of __________, 199_____.

______________________________
MAYOR

ATTEST:

______________________________
CLERK

APPROVED AS TO FORM:

______________________________
CITY ATTORNEY