Item 6a matrix

Item No.: _____6a_Matrix_____ 
Date of Meeting: __Nov. 3, 2009__ 
Resolution No. 3605 Matrix: Current language vs. proposed language 
Page, Section #     Current Resolution Language                       Proposed Resolution Language 
Page 2,         Resolution No. 3605 shall be subject to Port Commission    Resolution No. 3605 shall be subject to Port Commission
Introduction      review in twelve (12) months to eighteen (18) months after   review within two years or sooner if the Legislature requires
it enter into force                                changes in port contracting practices or if related matters
arise that require Commission review.
Page 5, Section    New language, no prior version. Replaces multiple        1.5.1. The CEO shall exercise the authority granted by this
1.5., Roles and     references to "authorized budget limits" in document.       Resolution in a manner consistent with the Port's Annual
Responsibilities of                                               Operating Budget, Annually Approved Capital Budget and
the CEO                                                Annually Approved Capital Improvement Plan. The CEO
shall specifically report to the Commission not less than
quarterly on actual results versus budgeted amounts for
both revenues and expenses and more frequently in the
event that the CEO projects a material, negative variance
from the Annual Operating Budget, Annually Approved
Capital Budget or Annually Approved Capital Improvement
Plan, all so that the Commission may exercise it proper
oversight over the operations of the Port. When seeking
approval for any project under either Section 4 or 5 of this
Resolution, the CEO shall clearly indicate whether such
project is within the Annually Approved Capital Budget and
Annually Approved Capital Improvement Plan and, if not,
how it is expect to be funded. In administering the day-today
Normal Port Operations, the CEO shall have the
authority reallocate amounts within and otherwise incur
variances from the Annual Operating Budget so long as such
actions are otherwise consistent with the policies
established by the Commission and the authority delegated
to the CEO. 
Page 6, Section    New language, no prior version.                     1.7. Any changes in the policies and procedures of this
1.7., Roles and                                                document that are brought about by changes in the law will
1

Responsibilities of                                               be reviewed and approved by the Commission prior to
the CEO                                                implementation by Port staff. 
Multiple Sections:  Global replacement of the term "less than or equal to       "less than or equal to $300,000 dollars" 
3,4,5,6,7,8,9       $200,000 dollars" 
Page 12, Section   Removal of "The individual change order does not cause the  None, exceeding the authorized budget causes the project
4.2.3.8., Change   project to exceed the authorized budget."                to go before the Commission in open session anyway. 
Orders for
Contracts over
$300,000.
Page 13-14,      Removes parts of Section 5 that are identical to Section 4, and the text refers the reader back to Section 4. 
Section 5, Nonpublic
Work
Projects 
Page 15, 6.4.,      No prior language                                 6.4. It is the Port of Seattle's policy to engage in
Waivers from                                          competitive solicitation of bids for all services and
competition                                              purchases, as adopted in accordance with provisions in
Chapter 53.19. RCW in order to promote full and open
competition, transparency in it procurement practices,
opportunities for small businesses, and compliance with all
legal requirements 
.
6.5. The CEO is authorized to approve competition waivers
consistent with applicable federal and state laws and
internal Port policies. Situations where the CEO may
approve competition waivers include contracts where the
following conditions exist: 
(i)       There is only one source for the service or product,
or. 
(ii)      The only source for the service or product is
proprietary in nature, or 
(iii)       There is only one source for the service or product
that is compatible with existing Port infrastructure, or
2

required for inter-operability, or 
(iv)      The waiver is necessary to authorize work with a
contractor or service provider who has exclusive knowledge
that was provided during a prior phase of the contract or
project. 
6.6. Notification of all such waivers shall be provide to the
Commission prior to the proposed starting date of the
contract or purchase, and will include the a written
justification of the reason for the waiver. 
Page 15, Section   7.2.1. For projects within Authorized Budget Limits, the CEO  7.2.1. The Port of Seattle's procurement policy, as adopted
7.2., Personal     is authorized to contract for personal services with qualified  in accordance with RCW 53.19.090., promotes full and open
Services          consultants so long as the fees for any single project or      competition, transparent procurement practices,
closely related work are less than or equal to Two Hundred    opportunities for small businesses, and compliance with all
Thousand Dollars ($200,000).                       laws. All Port of Seattle personal service policies and
procedures shall specifically conform to Chapter 53.19.
7.2.2. For services not ancillary to projects, the CEO is       RCW. 
authorized to contract for personal services so long as the
fees are within Authorized Budget Limits and are less than or  7.2.2. The CEO is authorized to contract for personal
equal to Two Hundred Thousand Dollars ($200,000).        services with qualified consultants so long as the fees for
any single project or closely related work are less than or
7.2.3. Selection, contracting, and payment for all such       equal to Three Hundred Thousand Dollars ($300,000). 
services shall follow all required statutory procedures. All
Port of Seattle personal services policies and              7.2.3. For services not connected to projects, the CEO is
procedures shall specifically conform to SSHB 3274, or its    authorized to contract for personal services so long as the
equivalent codification in the Revised Code of Washington.    fees are less than or equal to Three Hundred Thousand
Dollars ($300,000). 
7.2.4. The CEO will endeavor to use a variety of firms
(including small business firms) based on the nature of the   7.2.4. The CEO is authorized to amend service agreements
work and the expertise of the firms. The CEO will develop or  so long as the fee increase associated with the amendment 
oversee strategies to identify and certify eligible firms to     is less than or equal to Three Hundred Thousand Dollars
compete on such projects.                        ($300,000). All amendments over that amount require
Commission approval. The Commission must be notified of
3

any amendment or amendments to personal service
contracts prior to the proposed starting date of service if
the value of the amendment or amendments, singly or
cumulatively, exceeds fifty percent of the value of the
original contract. 
7.2.5. The CEO will endeavor to use a variety of firms,
including small business firms, based on the nature of the
work and the expertise of the firms. The CEO will develop
or oversee strategies to identify and certify firms to
compete on such projects. 
7.2.6. The CEO shall develop an appropriate training
program for Port staff with respect to efficient and effective
contract management. Port employees responsible for
executing or managing personal services contracts shall
complete the Port's training program. The training program
will be based on federal and state law, Port policy and
public sector contracting best practices. 
Page 16, Section   No previous section; this language matches language on     7.3.4. Authorization for Critical Work. Under circumstances
7.3., Goods and    critical works in Sections 4/5.                       not constituting a legally defined emergency, but otherwise
Purchased                                           requiring immediate action to avoid significant adverse
Services                                                      consequences to public health, safety or property, the
Commission authorizes the CEO to spend up to Five
Hundred Thousand Dollars ($500,000) to prevent
potentially significant adverse consequences to public
health, safety or property. The CEO shall have authority to
spend the funds if: (i) the circumstances are such that a
true emergency as defined by RCW 39.04.280 is
substantially likely to develop unless action is taken, or (ii)
any delay in addressing the situation will likely result in
significant cost increases or adverse schedule impacts to
the Port, other public agencies or private property owners,
4

and, (iii) where prior Commission authorization cannot,
even on an expedited basis, be obtained. When the CEO
authorizes Critical Work to be undertaken, he or she shall
notify the Commission as soon as practicable of his or her
action, the amount of money spent and obtain Commission
ratification at the next public meeting. The CEO shall also
provide notice of this Critical Work to the public. 
Page 18, Section   New language                                 "as laid out in the Audit Committee Charter. " 
7.4., Audits 
Page 19, Section 8,  New language                                  8.3. The CEO may authorize expense maintenance projects
Utilization of Port                                                that are not new construction projects or contracts or that
crews                                                  in any way add to the capacity or function of a facility,
whether performed by Port crews or by contractors, up to a
value of three hundred thousand dollars ($300,000). 
Page 19, Section   New language                                 Subject to the limitations of RCW 53.08.208, counsel may
9.2., Legal Services                                                be retained whenever any action, claim, or proceeding is
instituted against any person who is or was an officer,
employee, or agent of the Port arising out of the
performance or failure of performance of duties for, or
employment with the Port; provided that, if any such
action, claim, or proceedings includes allegations of fraud or
other illegal activity retention of counsel shall be subject to
Commission approval. Retained legal counsel may act solely
on behalf of the Port or jointly with other interested parties
under appropriate agreements. A quarterly report of all
such retentions shall be provided to the Commission by the
General Counsel. 
Page 23, Section   AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT          NON-DISCRIMINATION AND EQUAL OPPORTUNITY 
16, Nondiscrimination
and  16.1. It is the basic policy of the Port of Seattle to provide    16.1. It is the basic policy of the Port of Seattle to provide
equal opportunity   equal opportunity to the users of all Port services and      equal opportunity to the users of all Port services and
facilities, all contracting entities, Port employees and       facilities and all contracting entities. Specifically, the Port
applicants for employment, and to assure that there be     will not tolerate discrimination against any persons on
5

absolutely no discrimination against any persons on grounds  grounds of age, race, color, national origin/ancestry,
of race, creed, color, national origin, sex, sexual orientation,   ethnicity, religion, disability, Family Medical Leave Act
marital status, age, or the presence of any sensory, mental,   (FMLA) use, pregnancy, sex/gender, sexual orientation,
or physical disability as guaranteed in the Washington State   whistleblower status, marital status, workers'
Constitution and various RCWs, and applicable federal laws.   compensation use, transgender status, political beliefs, or
any other protected status, as guaranteed by local, state
and federal laws. The equal opportunity principles
described in this policy shall apply to the Port's employees,
customers, consultants, contractors, and vendors to the
extent possible and as required by law. 
Page 25, Section    20.2.13. "Best Bid" is an alternate contracting method where  20.2.12. "Best Bid" is a contracting procedure described in
20.2., Definitions    the best bidder submits plans according to specifications in   RCW 53.08.130 that allows awarding a public works
accordance with RCW 53.08.130. The Best Bid contracting   contract to "the best bidder submitting his or her own plans
method proceeds in three phases. First, the Commission     and specifications." This situation may occur when the Port
authorizes design funds and permission to use the best bid   has provided a complete design but one or more bidders
contracting method. Second, after the request for proposal  has another idea, or the Port may solicit original ideas from
is prepared, the Commission authorizes the advertisement   all bidders. In either case, the award selection is made on a
of the contract and the selection of the best bid. Third, the    combination of cost and proposal known as best value.
Commission authorizes final design, construction funding,    Commission authorization is required for best bid
and awarding of the contract to the best bidder.           procurement, either prior to advertising, if best bid
proposals are requested, or prior to award, if an unsolicited
best bid proposal is selected. 





6

Limitations of Translatable Documents

PDF files are created with text and images are placed at an exact position on a page of a fixed size.
Web pages are fluid in nature, and the exact positioning of PDF text creates presentation problems.
PDFs that are full page graphics, or scanned pages are generally unable to be made accessible, In these cases, viewing whatever plain text could be extracted is the only alternative.