Item 6c Supp REVISED
ITEM NO: _____6c_Supp_____ DATE OF MEETING: ___Sept. 17, 2009__ Review of Proposed Changes to Resolution No. 3605 First Reading September 17, 2009 Resolution No. 3605 Changes for Review Raising Commission authorization levels on most contracting from $200,000 to $300,000 Raising Commission authorization levels on purchased goods from $200,000 to $500,000 Setting Commission authorization levels for maintenance work at $500,000 Replacing and clarifying the term "Authorized Budget Limits" Resolution No. 3605 Changes for Review Adding language for Section 7.3: Goods and Purchased Services, to address a possible "Critical Work" situation Adding language on approving competition waivers Retaining legal counsel Providing review period Editing language for clarity Raising most authorization levels for Commission approval to $300,000 $200,000 level was holdover from Resolution No. 3181, passed in 1994 Based on the past year, relatively few projects or contracts in the $200,000 to $300,000 range Beneficial to have a consistent level of $300,000 for all contracts Dollar amount for Small Works contracts raised from $200,000 to $300,000 during the 2009 Legislative session. Changes in RCWs by the Washington State Legislature that affect Small Works contracting would be reviewed and approved by Commission Goods and Purchased Services Gives CEO authority to procure "Goods and Purchased Services" up to $500,000, raised from current amount of $200,000 Reflects periodic necessity to make major bulk purchases of materials for the day-to-day operation of the Port Allows Port to buy in bulk the goods and services it needs for day-to-day operations and provides cost- savings Goods and Purchased Services Year 2007 2008 2009 (Jul) Total Purchases 3286 3895 2894 >$200k 22 27 18 >$300k 14 17 14 >$500k 7 10 4 Authorizing maintenance work up to $500,000 Gives CEO authority for expense maintenance work, whether performed by Port crews or by contract, that is not a public work or non-public work project, up to $500,000 Provides consistency for maintenance work that can't be considered as a capital project or does not fall under the state statute of maintenance No public or non-public work, including projects, included under this section Removal/replacement of "within Authorized Budget Limits" Section 1.5: Removal and replacement of "within Authorized Budget Limits" passage. Term was a undefined holdover from Resolution No. 3181 New Section 1.8: Grants CEO authority "in a manner consistent with the Port's Annual Operating Budget, Annually Approved Capital Budget and Annually Approved Capital Improvement Plan." Grants CEO authority to reallocate amounts and incur variances from the Annual Operating Budget Removal/replacement of "within Authorized Budget Limits" Quarterly Reports to Commission on actual results versus budgeted amounts for both revenues and expenses More frequently if "a material, negative variance from the Annual Operating Budget, Annually Approved Capital Budget or Annually Approved Capital Improvement Plan." When seeking project approval, staff indicates whether project is within Annually Approved Capital Budget and Annually Approved Capital Improvement Plan and, if not, what is funding source Critical Work Adding language for Section 7.3: Goods & Purchased Services to address a possible "Critical Work" situation Delegating authority to CEO to commit up to $500,000 if Commission unavailable Consistent with Sections 4 and 5 (public and non-public work projects) Approving competition waivers CEO authorized to approve competition waivers consistent with applicable laws Precedent: State laws authorize agencies to waive competition requirements or specify brand-name products under defined circumstances Detailed technical nature and lack of advance warning of these actions argues for delegation of authority to CEO Use authority sparingly, adhere to the letter and intent of the law, develop procedures and document such decisions thoroughly Retention of legal counsel Allows, but not mandates, CEO to retain counsel for Port officers and employees without Commission approval Allows Commission, CEO, and other managers and employees right to individual counsel Not applicable to matters alleging fraud or criminal behavior Review period Commission assigned an original review period of 12 to 18 months after passage of Resolution No subsequent review assigned Review "within three years or sooner if Legislative changes in contracting practices or related matters require Commission review." Language changes for clarity Non-public Work Projects Change Orders and Small Works Change Orders "Best Bid" definition Language changes for clarity Project Changes Personal Services Audit and Accounting Services Affirmative Action Next steps Send draft version of Resolution No. 3605 out to stakeholders Century Agenda panelists, Association of General Contractors, Municipal League Post draft version to the Port of Seattle Internet for 30-day comment period from September 17 to October 19, 2009 Receive Commission, Executive and stakeholder final feedback on proposed changes to Resolution No. 3605 Make final edits to Resolution No. 3605 Return sometime in October for Second Reading/Final Passage of the amended Resolution No. 3605
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