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Council PKT 04-06-2010 SpecialCITY OF � Federal Way AGENDA FEDERAL WAY CITY COUN�IL SPECIAL MEETING Council Chambers - City Hal1 April 6, 2010 - 5:30 pm www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. CHANGE OF GOVERNMENT: a. City Departments (Effective date after mayoral election certifiec� b. Appointed Positions -Federal Way Revised Code (Effective date aftermayoral etection certi�ed) c. Follow up on Professional Services Agreements 3. EXECUTIVE SESSION Properly Acquisition Pursuant to RCW 42.30.110(1)(c) Potential Litigation Pursuant to RCW 42.30.110(1)(i) 4. ADJOURNMENT COUNCIL MEETING DATE: Study Session Apri16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: �71 °� SUBJECT: ESTABLISH CITY DEPARTMENTS AND APPOINTIVE POSITIONS UNDER THE MAYOR-COUNCIL FORM OF GOVERNMENT POLICY QUESTION: SHOULD THE CITY COUNCIL ESTABLISH THE EXISTING CITY DEPARTMENTS AND APPOINTIVE POSITIONS IN THE FEDERAL WAY REVISED CODE UNDER THE MAYOR-COUNCIL FORM OF GOVERNMENT, OR MODIFY THE ORGANIZATIONAL STRUCTURE AND APPOINTIVE POSITIONS? COMMITTEE N/A CATEGORY: ❑ Consent � City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: ❑ Public Hearing � Other STAFF REPORT BY: Patricia Richardson, City Attorney DEPT: Law Attachments: (1) Staff report; (2) chart showing the current organizational structure; (3) table comparing the organizational structure of other cities; (4) a copy of the ordinance setting out the elected Mayor's authority; (5) a copy af the ordinance establishing the Chief Administrative Officer position; (6) a table listing appointive positions in other jurisdictions, and (7) chart showing the current positions as indicated in the budget narrative. Options Considered: 1. Direct the City Attorney to draft the applicable ordinances regarding the departments and appointive positions as discussed. 2. Continue the discussion of establishing departments and appointive positions. STAFF RECOMMENDATION N/A CITY MANAGER APPROVAL: Committee COMMITTEE RECOMMENDATION: DIRECTOR APPROVAL: � Committee Council Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: " move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL t! ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment readi� ❑ MOVED TO SEGOND READING (ordinances only) ORDINANCE # REVISED- 02/06l2006 RESOLUTION # �:��iM� . . . � s * � CITY ATTORNEY'S OFFICE MEMORANDUM DATE: MARCH 30, 2010 TO: COUNCIL MEMBERS CC: BRIAN WILSON, CITY MANAGER �ROM: PATRICIA RICHARDSON, CITY ATTORNEY �� SUBJECT: IDENTIFYING CITY DEPARTMENTS AND APPOINTIVE POSITIONS Under the Mayor-Council form of government the City Council has the authority to determine and establish City depaxtments, their funcrions, and appointive posirions. Attached are: the City's current organization chart and a table illustrating the organizational structure of Auburn, Kent and Renton per their codes. The ordinances establishing the Mayor's authority and the Chief Administrative Officer are attached for your convenience and reference in addressing the issue of the City's organizational stivcture. In regards to appointive positians, the City Council must establish the following appointive positions under RCW 35A.12.020: 1. City Clerk 2. Police Chief 3. Legal Counsel via either Ciry Attorney or contractual arrangement. Council may also establish other appointive positions in ordinances. Many cities include department directors, and may include other positions in the Mayor's Office, such as the Communications and Government Affairs Manager, Economic Development Director and Financial Services Administrator.� Aubuxn establishes more appointive positions, which would require amendments to the Federal Way Revised Code when staff positions are adjusted in the budget process. A table showing the appointive positions in Auburn, Kent and Renton is attached along with an organizational chart showing current positions identified in the budget narrarive, but under the Mayor-Council fortn of government. i The City Council authorized the Chief Administrative Officer position along with qualifications and duties in January. Consequendy, the position is not mentioned as one for possible appointment, but needs to be identified in a departxnent. Along with idenrifying the appointive positions, Council must prescribe duties and qualificauons. Broadly described duties and qualifications provide the discretion to tailor them in a position description as was shown during the discussion of the Chief Administrative Officer. Lasdy, Council confirmation of mayoral appointrnents should be specific to the positions identified by Council. The following disrussion is separated into two basic categories. 1. De�artments. The list consists of existing departments and their functions pursuant to the budget narrarive. Council is being asked to provide direcrion as to: (1) the identity of the department, and (2) the functions of the departrnent. 2. Apvointive Positions. The discussion begins with the mandatory appointive positions followed by the discretionary ones. Council is being asked to: (1) identify the position by tide; (2) identify the broad duties of the position; and (3) identify the qualifications that are part of the current job description. Lasdy, Council may identify other posirions to classify as appointive positions. If, additional positions are identified the City Attorney will return with the proposed broad duties and qualifications for Council's approval. CITY DEPARTMENTS AND BASIC FUNCTIONS 1. CitX Manager —(Convert to Ma�or'�1 a. Provides management direction and coordination of all Ciry departments and activities per Council direction.* b. Pxovide Council a complete financial plan for all City funds* c. Oversee and direct Communications and Government Affairs Manager and related duties d. Oversee and direct Ecanomic Development Director and related projects e. Oversee and direct Financial Services Administrator and related duties. * Mayor's authority akeady established in a Federal Way Revised Code 2.10. RECOMMENDATTON 1. Identify Mayor's Office in Federal Way Revised Code 2.13. 2. Combine the functions of "a" and "b" to more generic functions: The Mayor's Office shall be responsible for the coordination of various internal and external issues and programs, and have the responsibility to coordinate and direct overall city operations. 3. Determine whether the following positions should be listed under the Mayor's Office: a. Chief Administrative Officer b. Communicarions and Government Affairs Manager z The Chief Administrative Officex is not mentioned in the conversion because the position will not exist until after the election under the Mayor-Council form of government. It is recommended to be included in the description of the Mayor's office. c. Economic Development Director d. Financial Services Administrator Direc2ion to Ci�t�ttorn�v Identify Mayor's Office with generic description of functions as set forth above OR _ Council identify the functions or modify the proposed functions List the following positions under the Mayor's Office Communications and Government Affairs Manager Economic Development Director Financial Services Administrator Chief Administrative Officer 2. Communit�Develo�ment Services a. Manage general fund human services allocations and Communiry Development Block Grant fund. . b. Administer and enforce: i. International Codes for plan review, construction and inspection u. Land use, environmental and nuisance codes. c. Long-range plans and poliry work i. Comprehensive Plan u. Neighborhood plans iii. Federal Way Revised Code revisions iv. Housing and annexation d. Administer volunteer and neighborhood programs and cultural liaison programs e. Accept passport applications f. Staff i. Planning Coxnmission ii. Human Services Commission ui. Diversiry Commission iv. Land Use/Transportarion Council Committee (share with Public Works) Direetion to Ci� Attorn� ' Identify Community Development Services Depaxtment Duties list should include those identified by Council. 3. Finance a. Provide accurate financial informarion from which educated projections can be made on the financial health of the City and decisions made concerning City operarions. b. Specific financial duties include: i. Accounts payable ii. Accounts receivable iii. Payroll iv. General accounting v. Financial planning vi. Cash and investment managemenr vii. Cash receipting viu. Intemal control monitoring ix. Audit x. Budget preparation �. Financial analyses xii. Financial reporting c. Administer business licenses d. Administer Ciry Council's purchasing policies e. Staff Finance, Regional Affairs and Economic Development Council Committee Direc�tion to Ci�t1Attorn� Identify Finance Department Duties list should include those identified by Council. 4. Human Resources a. Develop, implement and administer employment policies and procedures for all departments in the city. b. Act as equal employment opportunity officer and administer the equal employment opportunity program for the ciry. c. Perform all human resources funcrions, including but not limited tq recruitment; benefit admuiistration, and employee safety and wellness. d. Direct and assist in the training and professional development of employees e. Conduct invesrigarions f. Represent the city in collective bargaining negotiations g. Staff: i. Civil Service Commission per State law ii. Independent Salary Cominission h. Supervise the City Clerk i. Manage the city's official records including minutes, resolutions, ordinances, contracts, and deeds ii. Public Records Officer: receive public records requests and administers responses. ui. Implement records retention/destruction, document imaging and supervise records storage. iv. Coorclinate ongoing codification of the city's code v. Coordinate and supervise hearing examiner hearings. vi. Enforce licensing regulations vu. Coordinate commission and board appointrnents Direc7ion to Ci� Attornev: Identify Human Resources Department Duties list should include those identified by Council. 5. Information Technolo� Services a. Develop, implement, train, support and maintain information technology systems. b. Provide support and coordination to strengthen operational efficiencies. c. Improve access to City services through online services and other automated systems. d. Continue to make information easily and broadly available. e. Service areas include: i. Data processing hardware and software for operating systems, servers, networks, workstations, and other computing peripherals. u. Communicarion systems include: telephone/voice mail, cellular phones, radio equipment, wiring and all other communications-related needs. ui. Geographical Information System (GIS) services; developing and maintaining the City's spatial data base, map producrion, analyzing data, geographic reports, developing user-friendly interfaces for staff and public to the city's GIS. iv. Multimedia services include: government Access Channel (GAC) systems, live broadcasts and video streaming, administer cable TV franchises, respond to citizen concerns regarding cable services. v. Internet, Intranet, & web; develop and maintain the Ciry's website, e-commerce, online services, maintain security and provide access to various local, regional and national networks and systems, train staff. vi. Purchase, maintain and administer copiers, scanners and printers. vii. Other City wide & Intergovernmental support: a. Fire Department and Lakehaven Utility staff at City Hall. b. F��1 School District board meetings broadcastings. c. Safe City security systems. d. Ciry Hall, FI and DBC securiry systems e. Free Wi-Fi services in downtown core and frame, all City facilities and some parks £ Participate and support regional/shared services such as Valleycom, SCORE, Valley Fiber iniriarive and other as needed. Direction to Ci, Attorngv: Identify Information Technology Services Departtnent Duties list should include those identified by Council. 6. Law** a. Provide legal advice to: i. Ciry Council ii. iVlayor iii. Municipal Court iv. All City Boards and Commissions v. Department directors vi. Staff. b. Represent the City in all litigauon and in all courts c. Draft legal documents such as contracts, resolutions, ordinances, real estate documents, labor agreements d. Prosecute all Code violations e. Attend all City Council meetings and all Council Committee meetings £ Staff the Ethics Board g. Prosecute misdemeanors- domestic violence, DUI, theft, assault, etc in all courts h. Perform risk management and insurance administration: i. Receive all clauns for damages and respond or forward to the insurance carrier u. Receive all lawsuits, notify the insurance carrier, and assign to city attorney 'vi. Coorclinate claims of damage to City property and process for resriturion or subrogarion iv. Maintain current inventory of insured property to ensure insurance coverage **Pursuant to RC�`U 35A.12.100 Council can choose to contract legal services instead of creating a department. Direc7iorr to Cit� Attorrre�v: Identify the Law Department or Direct the City Manager to begin a search to contract with legal firm(s) for legai representation. Duties list should include those identified by Council. 7. Police a. Enforce crimnial laws and civil infractions. b. Investigate crimes and refer for prosecution. c. Educate the community on enforcement practices and crime prevention d. Work collaboratively to identify crime trends and implement solutions to reduce crime e. Provide proactive services and security to communiry f. Participate in the local, state, and federal criminal justice and national security systems g. Administer Animal Services, including licensing Direction to Citv Attorne�. Idenrify Police Department Duties list should include those identified by Council. 8. Public Works/Parks, Recreation and Cultural Services A. Public Works 1) Participate in regional transportation committees 2) Process developrnent permits and inspect construction 3) Administer traffic planning, traffic engineering and traffic control devices 4) Administer the Commute Trip Reduction (CTR) program 5) Administer the Transportation Improvement Plan (TIP) 6) Maintain the local street systems and administer related contracts 7) Manage the Neighborhood Traffic Safety Program 8) Oversee all capital transportation and surface water management projects 9} Administer and provide training for emergency management, including the Greater Federal Way Emergenry Operations Center �0) Administer all franchises a) Utilities in rights of way b) Solid waste and rerycling 1]) Administer recycling 12) Maintain the ciry's natural and manmade surface water systems 13) Apply for various grants 14) Monitor and enforce compliance of ESA/NPDES 15) Staff Land Use/Transportation Council Committee (share with Community Development Services) 16} Administer Surface Water Management Program and fee schedule B. Parks, Recrearion and Cultural Services 1) Oversee Parks capital projects 2) Recreation and cultural services a} Administer community center b} Administer athletic and cultural programs c) Administer Dumas Bay Centre d) Administer management contract for Knutsen Family Theatre 3) Parks and facilities a) Maintain the grounds and landscaping of all community parks b) Maintain the grounds and landscaping of neighborhood parks c) Maintain ciry facilities such as City Hall, Steel Lake Maintenance Building, Dumas Bay, Community Center � Maintain all of the City's open space 4} Staff: a. Parks, Recreation, Human Services and Public Safery Council Committee b. Parks and Recreation Commission c. Arts Commission Direc7ion to Cit� Attornev: Icientify Public Works/Parks, Recreation, and Cultural Services Department Duties list should include those identified by Council. MANDAT�RY APPOINTIVE POSITIONS 1. City Clerk A. Position ritle. City Clerk B. Duues. Serve as clerk of the Council, manage City's records system, administer Public Records Act and policies related to City records, maintain and update informarion about the City, Council, and Council-appointed commissions/committees, prepare and ensure timely publication of public norices, serve as elecrion official. G Qualifications. Any combination equivalent to: Bachelor's degree in informarion science, library science, archives and records management, business/public administration and five (5) or more years of actual managerial or operational experiences in entity-wide records and informarion management field. Certified Municipal Clerk designarion preferred. Direc?ion to CityAttorney -Draft an ordinance for the City Clerk position with: The duties and qualifications as set forth above The duties and qualifications should be modified as d'trected Include Council confirmation 2. Police Chief A. Position title. Chief of Police B. Duties. Responsible for directing the City's communiry-oriented policing organization including facilitating citizen and business involvement; assuring the prevention of crime and protection of property and life through the enforcement of State, Counry, and municipal laws and ordinances; providing advice and counsel to City officials regarding law enforcement; and supervising law enforcement staff. C. Qualifications. Any combination equivalent to: bachelor s degree in law enforcement, public administration or related field and ten years increasingly responsible and varied administrative experience in a qualified federal, State, county or municipal law enforcement agenry including at least five years supervisory experience. Direc•tion to CityAttorney -Draft an ordinance for the Police Chief posirion with: The duties and qualifications as set forth above The duties and qualifications should be modified as directed Include Council confirmation 3. Cit� Attorne� A. Position title. City Attorney B. Duties. Responsible for directing and coordinating comprehensive legal services for the City; providing counsei to the City Manager, Council, staff, committees and commissions; supervising professionaI and administrative support legal staff; providing legal advice to guide City policies, decisions and activities; representing the City and directing the representation of the City at various court levels and tribunals in criminal and civil litigation anci in administrative hearings; drafting and interpreting Ciry ordinances and resolutions; and negotiating real properly acquisitions. C. Qualifications. Any combination equivalent to: law degree with admission to practice law in the State of Washington and five years comprehensive municipal experience in criminal and civil matters including increasingly responsible legal management and admirustrative duties. Direc•tion to CityAttorney -Draft an ordinance for the City Attorney position with: The duties and qualifications as set forth above The duties and qualifications should be modified as clirected Include Council confirmation DISCRETIONARY APPOINTIVE POSITIONS 4. Communit}� Develo�-ment Services A. Posirion Tide. Communiry Development Services Director. B. Duties. Responsible for directing the development and execution of the City's comprehensive plan for development inclucling growth projections, land use, housing, environmental sensitiviry, urban design, annexation, and zoning code modifications; reviewing and enforcing City development including land use applications, code enforcement, plan review, and building inspection functions; overseeing human services programming; and supervising planning, program and other staff. C. Qualifications. Any combination equivalent to: bachelor's degree in urban planning, civil engineering, building technology, business/public administsation, or related field and five years of increasingly responsible relevant management experience, including significant experience managing complex projects and at least two years in a supervisory capacity. Direction to CityAttorney -Draft an ordinance for the Community Development Services Director posirion with: T'he duties and qualifications as set forth above The duties and qualifications should be modified as directed Include Council confirmation 5. Finance A. Position Title. Finance Director B. Duties. Responsible for directing City financial operations including accounts payable, accounts receivable, payroll, general ledger, fixed assets, grants, auditing, budget perforrnance, project accounting, cash management, debt administration, and tax and licensing; providing financial advice and counsel to Ciry officials and staff; preparing, publishing, and presenting official City budget and financial information; and manage financial staff. C. Qualifications. Bachelor's degree in Accounting, Business/public Administration, Finance, or related field and five years increasingly responsible relevant management. Familiarity with Washington State local government financial operations. Dinc•tion to CityAttorney -Draft an ordinance for the Finance Director position with: The duties and qualifications as set forth above T'he duties and qualifications should be modified as directed Include Council confirmation 6. Human Kesources A. Position Tide. Human Resources Director B. Duties. Responsible for directing and administering uniform human resources policies, procedures and programs including City-wide recnutment, classification, compensation, benefits, labor relations, training and professional development; providing advice, problem mitigation/resolution, and counsel to City officials and staff regarding human resource issues; and supervising professional and administrative support staff. C. Qualificarions. Any combination equivalent to: a bachelor's degree in business or public administration, human resources management, psychology, or a related field, and five years progressively responsible experience administering human resources functions. Direc•tion to CityAttorney -Draft an ordinance for the Human Resources Director position with: The duties and qualifications as set forth above The duries and qualifications should be modified as directed Tnclude Council confirmation 7. Information Technolog� Services A. Position Title. Information Technology Services Director B. Duties. Responsible for directing Ciry information technology programs and operarions including developing strategic plan, standards, policies, and procedures applicable to Ciry information processing ancl technology; coordinating technology planning, needs assessment, troubleshooting, purchase and implementation of business applications, voice and data communication infrastructure software and hardwaze; and managing professional and technical staff. G Qualifications. Any combination equivalent to a Master's degree with specialization in Business Administration or Computer Sciences and at Ieast three years experience in information technology services environment. At least five years experience as a manager or key staff inember providing information services. Directton to City Attorrrey -Draft an ordinance for the Information Technology Services Director position with: The duties and qualifications as set forth above The duties and qualifications should be modified as directed Include Council confirmation 8. Public Works/Parks Recreation and Cultural Services Director A. Posirion tide. Public Works/Parks, Recreation and Cultural Services Director. �. Duties. Responsible for directing City public works development and maintenance including engineering, streets, surface water, and utilities; developing the City's capital improvement plans; coordinating City public works with other regional jurisdicrions, and supervising professional, technical and administrative support staff. Also responsible for directing the acquisition and development of parks; operating, maintaining and developing comprehensive parks and recreation programs, services, and facilities including programs for leisure, cultural arts, parks, municipal buildings, special population groups, and open space; coordinating services for residents in need; and supervising staff. C. Qualifications. Any combination equivalent to: bachelor's degree in Civil Engineering, Public Administration, Business Administration, Parks and Recreation Admiivstration or related field and eight years managerial experience in a municipal Public Works, or municipal parks, recreation environment. Direc•tion to CityAttomey -Draft an ordinance for the Public Works/Parks, Recreation and Cultural Services Director posirion with: The duties and qua.lifications as set forth above The duties and qualifications should be modified as clirected Include Council confirmation 9. Communications and Governmental Affairs Mana�er A. Position title. Communications and Government Affairs Manager B. Duties. Responsible for supporting the City Council, and the City's management team and staff in formulating legislative issue positions and internal and external communicarions. C. Qualifications. Any combination equivalent to: Bachelor's degree in Joumalism, Communicarions, Markering, Public Relarions, Public Administrarion, Polirical Science, Government Affairs or related field and five years progressive responsibility in Public Relations, Communication & Government affairs. Master's degree is strongly preferred. Direction to �'ityAttorney -Draft an ordinance for the Communications and Government Affairs Manager position with: The duties and qualifications as set forth above The duties and qualifications should be modified as directed Include Council confirmation 10. Economic Develo�ment Director A. Position tide. Economic Development Directar B. Duties. Responsible for managing the City's efforts related to economic development, consisting of attracting new businesses, retaining and growing existing businesses, promoting and assisting the City in redevelopment efforts, and promoting tourism. Staff the Lodging Tax Advisory Committee and assist other outside economic development committees. C. Qualiftcations. Any combination equivalent to: Bachelor's degree in Urban Planning, Business/Public Administration or related field. Five years increasingly responsible management experience Yelated to long range planning, land use planning or economic development. Direc•tion to CityAttorney -Draft an ordinance for the Economic Development Director position with: The duties and qualifications as set forth above The duties and qualifications should be modified as directed Include Council confirmation 11. Financial Services Aciministrator A. Position title. Financial Services Administrator B. Duries. Provides administrative, analytical, and technical support in the axeas of new program research and development, special project implementation, and communiry education; supports economic development efforts of the City and serves as liaison with the Municipal Court. Collaborates with Finance Director, present long term informarion about city budget to elected and appointed officiats, media, and citizens on both an individual basis as well as in public meetings as requested. C. Qualificarions. Bachelor's degree in Business/Public Administrarion, Accounting, Finance, Political Science or related field, and a minimum five years related experience in the public sector. Direc•tion to CityAttomey -Draft an ordinance for the Financial Services Administrator position with: The duties and qualifications as set forth above The duties and qualifications should be modified as directed Include Council confirmation 1�dditional positians identified by Council. K: \cm\electedmayor\ staffreports \ departments&positions (8) DEPARTMENTS MUNICIPAL COURT MAYOR/C1TY COUNCIL CITY MANAGER Fivance Director Public Works/Parks Director Law Human � Police . Comm. Development City Attorney Information Technoloey Resources Andy Hwang Director Direc[or Assistant Police C6ief Greg Fewins . . . _ __ Mary McAougal CITY DEPARTMENTS OTHER CITIES De artment Auburn Kent Renton Executive XX Community — XX XX XX Economic Develo ment Finance XX XX XX Human Resources XX XX XX Information XX Technolo Le al XX XX XX Police XX XX XX Parks, recreation XX XX XX Public Works XX XX XX ORDINANCE NO. 10-644 AN ORDINANCE of the City of Federal Way, Washington, relating to the creation of the Chief Adtninistrative Officer; adding a new Chapter 2.12 to the Federal Way Revised Code. WHEREAS, the City of Federal Way, Washington was formed in February I991 as a nonchuter code city under Clzapter 35A.23 RCW, Councit-Manager form of government; and WHEREAS, a perition sufficient in form aud signatures was previously filed with the City Clerk of the City of Federal Way petitioning that the City of Federal Way abandon its Chapter 35A.13 RCW noncharter code city Council-Manager ("Council-Manager'� form of government and reorgaziize as a Chaptet 35A.12 RCW noncharter code city Mayor-Council ("Mayor-Council") form of government; and WHEREAS, pursuant to Resolution No. 09-554, the issue ofreorganization was submitted to the registered voters of the City of Federal Way in a general election held on November 3, 2009; and WI-�REAS, the King County Elections Office has certified the November 3, 2009, election results to the City of Federal Way showing that a majority of the votes casted were in favor of reorganization of the City of Federa2 Way as a Mayor-Council form of government; and WI�REAS, pursuant to said election results the City of F�eral Way sha11 abandon its current Council-Manager farm of government and reorganize as a Mayor-Council form of govetnment as provided in RCW 35A.06.060; and VVHEREAS, the reorganization of the City of Federal Way as a Mayor-Council form of : government shall not take effect until the election, qualification and assumption of office under RCW 35AA20.050 of the Mayor under the Mayor-Council form of government, and WHEREAS, RCW 35A.12.100 authorizes the position of the Chief Administrative Of�cer. NOW, THEREFORE, THE CITY COUNCIL OF TF� CTTY OF FEDERAL WAY, Ordinance No.IO-644 Page 1 of 3 WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Title 2 of the Federal Way Revised Code is hereby amended to add a new Chapter Z. i 1 to read as follows: Chauter 2.11 CHIEF ADMINISTRATIVE 4FFICER 2.11.O1U Positioa created. There is hereby created the position of chief adrninistrative officer who shall act as assistant to the mayor The chief administrative officer shall be a�pointed by, report to and serve at the uleasure of the ma oy_r. 2.1I.028 OualiCcatioas. The chief administrative officer must have the followin� ar equivalent qualifications: he or she must be a�raduate of a reco�nized college or university and have at least five (5) vears experience in financial administration accounting ancUor personnel mana�ement or similar fields as deemed aupropriate to the position� the avuointing authoritv. 2.11.03Q Duties and nowers. The chief administrative officer shall mana�e the offices of administration as established in this tit�e and shatl have general oversight of the citv departrnents as dele�ated bv the mavor. The chief administrative officer shall be responsible for the eitv's �eneral operations, public relations and t�overnmental affairs Council mayprescribe other duties with the mavor providinQ directioa. 2.2 2.U40 Salarv. The salarv af the chief administrative officer shall be set bv the mayar within the limits of the axmual ci � budget established by the city council. Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of'this chapter, or its application to any person or situation, be declazed unconstitutional or irivalid for any reason, such decision sha11 not affect the validity of the remaining portions of ttus chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it wou2d have adopted this chapter and each section, subsection, sentence, Ordinance No1 a644 Page 2 of 3 clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Cterk and the codifiers of this ordinance are authorized ta make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errars, references, ordinance numbering, section/subsection numbers and azry referencesthereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date This ordinance shail take effect when the elected mayor assumes office pursuant to RCUV 35A.02.050 as provided by law. PASSED by the City Council of the City of Federal Way this 16th day of February, 2010. CTTY OF FEDERAL W. � � •' ' �-� �- � / � - . . e �_ �� APPROVED AS TO FORM: `� G'Ziz � �' �� CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH T'HE CITY CLERK: Ot/26l2010 PASSED BY 'THE CITY COLTNCII.,: 02/16/2010 PUBLISHED: 02/20/2010 EFFECTIVE DATE: When elected Mayor takes o�ce. ORDINANCE NO.: 10-644 Ordinance No.10�644 Page 3 of 3 ORDINANCE NO. 10-643 AN ORDINANCE of the City of Federal Way, Washington, relating to the Authority and Dut3es of the Mayor; Amending FWRC 2.10, and AddingNew Sections to Chapter 2.10 of the Federal VVayRevised Code. (Atnending Ordinance l�tos. U3-493 and 90-59) WHEREAS, the City of Federal Way, Washington was formed in Febreiary 2991 as a noncharter code city under Chapter 35A.13 RCW, Council-Manager form of government; and WHEREAS, a petition sufficient in form and signatures was previously filed with the City Clerk of the City of Federal Way petitianing that the City of Federal Way abandon its Chapter 35A.13 RCW noncharter code city �ouncil-Manager ("Council-Managea"} form ofgoverament and reorganize as a Chapter 35A. I2 RCW noncharter code city Mayor-Cauncil (`2Vlayor-Council'� form of govemment; and WHEREAS, p�rsuant to Resolution No. 09-554, the issue of ri�rrganization was submitted to the registered voters of the City of Federal Way in a general election held on November 3, 2009; and WHEREAS, the King County Elections Office has certified�the November 3, 2009, election results to the City of Federal Way showing that a majority of the votes casted were in favor of reorganization of the City of Federal Way as a Mayor-Council form of government; and WHEREAS, pursuant to said election results the City of Federal Way shall abandon its current Council-Manager form of government and reorganize as a Mayor-Council form of government as provided in RCW 35A.06.060; and WHEREAS, the reorganization of the City of Federal W ay as a Mayor-Council form of gover�ment shall not take effect until the election, qualification and assumption of office under RCW 35A.020.050 of the Mayor under the Mayor-Council form of government, and Ordinance No.10-643 Page 1 of 4 WHEREAS, RCW 35A. I2.100 provides statutory construction regarding the authority and/or duties of the mayor; WHEREAS, the Federal Way Revise Code shauld be madified to separate the City Council powers and the Mayor's authority under the Mayor-Council form. NOW, THEREFORE, THE CITY COUNCIL OF THE CTTY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section I. Chapter 2.24 is �nendeti as follows: Chapter 2.14 .� - � ��- :� � . u u _ � a ' 2.10.410 Anthoritv and DntiesSa�e�ies {�}--The authoritv and duties of the Mayor af the Citv shall be those prescribed in RCW 35A 12 O10 et seq and as otherwise urovided bv law and bv re�ulations of the Citv, in addition to the provisions hereinafter made anulicable. EvxxaxxL'2�E�i3s9$6ru��mrl�$�� tA[l')� b. il �..1�.... A......,.......�. '� J Y � f • • > > f ' ' � � � � s � • � r�.�.��:.:,:�.:..�.=::..:,c.=�,:.=�.,:,.c.:.=.-�-._.� _ - � " 2.10.11 Ftill-time B�sis. The office of the Mayor shall be conducted on a full-time basis with rc�:ulaz business hours Monday throu Frida�between 8•OU AM and 5•00 PM as set forth in the emplovee �uidelines, and during mornin� and evening meetin�s. j Ordrnance IVo.10-643 Page 2 of 4 ; ;. ; 2.10.12 Salarv. The salarv of the Mayor shati be set bx,the Independent Salary_Commission. 2.10.13 Rutes for AauointiaQ Officers. The Department officers and administrators identified bv the Citv Council shall be appointed by the Mayor, and subject to confirmation bv a majoritv of the members of the City Council. If the Council shall refuse to confirm anv such nomination of the Mavor, then the Mayor shall appoint another person ta fill the off ce, and the Mayor may continue to appoint until the appointee is confirmed. The Council shall have up to two regularlv scheduled council meetin�s to act ttnon the Mayor's a,pvoinhnent, but should the Councii fail to act within that period of time, the appointment will be deemed confirmed. The Mayor shalI have the ability to make interim appointments for up to six months without Council confirmation. Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situatian, be'declared tmconstitutional or invalid for any reasan, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declazes that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, c}auses, phrases, or portions be declaz�l invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codif�ers of this ordinance are authorized to make necessary corrections to ttus ordinance including, but not limited to, the con�ction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any � references thereto. Ordina»ce No.10-643 Page 3 of 4 Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section S. Effective Date This ordinance shall take effect when the elected mayor assumes office pursuant to RCW 35A.02.050 as provided by law. PASSED by the City Council of the City of Federai Way this 16th day of February 2010. CTTY OF FEDERAL WAY / a.. . �� ' � � � I' 1 � � � 1 ' ATT'EST: �'� ' t�, ii-/- . , • � lr, APPROVED AS TO FORM: CTTY ATTORNEY PATRICIA A. RICHARDSON FILED WTTH TI� CITY CLERK: Ol/26/2010 PASSED BY THE CTTY COUNCIL: 02/l6/2010 PUBLISHED: 02l20/2010 EFFECTIVE DATE: Wheri elected Mayor takes office ORDINANCE NO.: 10-643 Ordinance No.10-643 1'age 4 of 4 APPOINTIVE POSITIONS MAYOR CHIEF ADMINISTRATIVE OFFICER Finance Public Works/Parks Law Director Director City Attorney (Tho Kraus) (Cary Roe) (Pat Richardson) MAYOR'S OFFICE Financial Economic Comms./Govn't Services Development Affairs Manager Manager Airector (Linda Farmer) (Bryant EnQe) (Patrick Doherty) Information Technology Director (Mehdi Sadri) Human Resources Director �pi')' MCJ�04QA�� City Ckrk (Carol McNeilly) PoliCe Chief I I Comm. Development (BriBn Wilson) Director (Gree Fewins) APPOINTIVE POSITIONS POSITION AUBURN KENT RENTON Ci Clerk XX XX Cit Attorne XX XX XX Chief Administrative XX Finance Director XX XX XX Human Resources XX XX XX Information Tech. XX XX Parks & Recreation XX XX XX Community Develo ment XX XX * XX* Public Works XX XX Police Chief XX XX XX Communications XX XX** Assistant C'ity Attorney XX Assistant Police Chie XX Ci En ineer XX Mayor/Council secreta XX Economic Development Manager XX Intergov't services coordinator XX Temporary assi nments XX * Combines Community Development and Economic Development functions * * Appointment by CAO K:\cm\elected mayor\appoint positions\table COUNCIL MEETING DATE: April 6, 2010 ITEM #: 2.(� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FOLLOW UP MARCH 2, ZO10 STUDY SESSION —PROFESSIONAL SERVICES AGREEMENTS AND OUTSIDE COMMITTEES POLICY QUESTION: SHOULD THE CITY COUNCIL DIRECT THE CITY ATTORNEY TO MODIFY THE CITY'S PURCNASING POLICIES IN REGARDS TO PROFESSIONAL SERVICES AGREEMENTS? COMMITTEE: n/a CATEGORY: ❑ Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: ❑ Public Hearing � Other STAFF REPORT BY: Patricia Richardson City Attorney DEPT Law _._.._.__..._.........._._...__....._........._.........------..__.._......__._._...._ .............................................._..._....a... _. Attac6ments: Staff report, table listing the criteria ot6er cities use in regards to professional services agreements, the internai routing slip to document various departments' review, and Chapter 4 of the City's Purchasing Policies. Also attached is an updated list of Outside Committees showing the regional work of Council members. Options Considered: 1. Direct the City Attorney to modify the City's Purchasing Policies 2. Do not modify the City's Purchasing Policies STAFF RECOMMENDATION: n/a CITY MANAGER APPROVAL: Committee COMMITTEE RECOMMENDATION: DII2ECTOR APPROVAL: '—�' — Committee Council Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: " move approval of Option " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # � DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordiraances only) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # ' , ii�i � ��.; .�� CITY ATTORNEY'S OFFICE MEMORANDUM DATE: MARCH 30, 2010 TO: COUNCIL MEMBERS CC: BRIAN WILSON, CITY MAP�IAGER/POLICE CHIEF THO KRAUS, FINANCE DIRECTOR � � FROM: PATRICIA RICHARDSON, CITY ATTORNEY SUBJECT: FOLLOW UP REGARDING PROFESSIONAL SERVICES AGREEMENTS The purpose of this staff report is to follow up from the March 2, 2010 Special Study Session regarding the City's Purchasing Policies ("Policies") for professional services agreements. At the meeting the Ciry Attomey explained that Policies do not require Council approval for Professional Services Agreements, but that Staff historically brings many of the professional services agreements to Council for approval. Council directed the City Attorney to review the policies of other cities and return with a process for awarding Professional Services Agreements. It was not clear whether Council also wanted to establish a dollar amount requiring Council approval or some other criteria. Attached is a table showing the responses from comparable cities. The different columns in the table show whether competitive bidding is required, the dollar amount for the City Manager/Elected Mayor to approve and execute, and the dollar amount requiring City Council approval. Many commented that the dollar amounts were raised because obtaining council approval created extra steps for staff and was less efficient. The "Policies" do address the process for awarcling contracts as well as other aspects for administrating fhem.' Although the Policies recognize that there is no legal requirement to competitively bid professional services agreements for services that are not architects and/or engineers, it does recommend using the statutory procurement requirements for architects and engineers as a guide {i.e. issuing a Request for Qualificarions) if possible. Selection of Architectural and Engineering Professionals. Under State law the selection of an architect and/or engineer is satisfied through a Request for Qualifications ("RF�? The RFQ sets forth the level of experience and expertise that is necessary for the project. A selecrion committee is formed to evaluate the responses to determine which firm or individual is best qualified to perform the work. The selection � The Policies require Council acrion before any modification. 2 The RFQ cannot state a dollar amount for the contract. committee usually consists of City Staff. Once the architect and/or engineer are selected, the Ciry then enters into negotiations regarding compensation. For Public Works' projects, the estimated cost for the professional services agreement is calculated in the total budget of the project. This includes engineers, attorneys, landscapers and architects. There is also a separate selecrion process for the project manager. The Ciry Council approves the design of the project at various stages and approves the total budget. The professional services' cost is included in the total budget. The Policies also provide other safeguards in regards to the adrninistration of the contracts in general. First, the Policies expressly state that: The City's Finance Director or designee ensures that records detailing the history of Ciry procurement are maintained in compliance with applicable state law and state or federal grant agenry requirements. All records, detexminations, and other written records pertaining to a Request for Bid, award, or performance of a contract must be maintained in a contract file. In order to establish an audit trail that reflects the judgments and conclusions for each procurement, such records should include at a minimum, informauon regarcling: The method of procurement; the selecrion or rejection; the basis for the cost or price; bidder or other correspondence; complaints and other comments and observations with a clear statement of tl�e action taken; and other supporting records. Policze.r, at 15. Second, amendments to e:�isting contracts cannot occur when the original contract is: Is older than six years, Akeady has four amendments, Significandy changes the scope of work or rype of project, Contractor lacks the skill or manpower to undertake the additional scope, or Changes haue occurred in the competitive factors since the original procurement. Policzer, at 13. Third, the internal process as set out in the contract routing slip provides review by different departments for all contracts. (A copy is attached for your convenience). Each department initialing the contract routing slip is reviewing the contract for different reasons. Lasdy, Chapter 4 of the Policies addresses professional services agreements in more detaii. (Chapter 4 is attached for your convenience). Examples of professional services agreements include: accountants, facilitators, attorneys, computer programmers, insurance brokers, planners, and real estate appraisers. Direction to the Ci,tv Attorne� Modify the Policies for professional services agreements as directed. Modify other items as directed Do not modify the Policies K: \ cm\ electedmayor\ staffrpts\ followup \ 3 2 Professional Services Agreements - Surve� \ ��t �� `�� , , ��.�� v „ i � .. „ {,�� y '�v. ...` k Kld �a. � y�/ '� ,', b� ��, �'�. �b"r , . . . .. , , .: � ' .:�....., .,, ,; . Kent No Up to $24,999 $25,000 & over Olympia n/a Up to $299,999 $300,000 & over Renton n/a Up to $49,999 $50,000 & over Tacoma n/a Up to $199,999 $200,000 & over Vancouver $100,000 Up to $99,999 $100,000 & over Yakima n/a Up to $24,999 $25,000.00 & over K:\City Nianager-CM\Elected Ibtayor follow purchasing table revised 318.2010 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: 2. ORIGINATING STAFF PERSON: EXT: 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE}: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) o PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT � PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT � GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG O REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BONDRELATEDDOCUMENTS) � ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): o INTERLOCAL ❑ OTHER 5. PROJECT NAME: 6. NAME OF CONTRACTOR: ADDRESS: E-MAIL: SIGNATURE NAME: TELEPHONE FAX: TITLE 7. EXHIBITSANDATTACHMENTS: ❑ scoPE WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCEII EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ 1�S ❑ Nd IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ I'ES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATEREVIEWED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (1F .�PL�C,�LE) ❑ LAW INITIAL / DATE APPROVED 11. COUNCILAPPROVAL{�F.a�PL1C.�LE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING � SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT n SIGNATORY (CM oR DI�CTOx) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: INITIAL / DATE SIGNED AG# DATE SENT: 11/9 CHAPTER 4. PROFESSIONAL SERVICES AGREEMENTS Professional Services are services involving labor, skill, education and special knowledge and where the labor and skill involved is predominately mental or intellectual rather than physical or manual. Examples include: • Customized accounting software and ongoing support services, as opposed to purchasing an "off-the-shelf' program, with minimal support. � Landscaping design, building design • Utility billing services • Professional services, including architectural-engineering (see Section B, below) + Official newspaper Competitive bids for professional services are not required except for the provision of an official newspaper, architectural and engineering services cavered under RCW 39.80. Examples of professional services for which cities may negotiate services include: • Accountants • Consultants/Facilitators � Attorneys • Computer Programmers � Insurance Brokers + Planners � Real Estate Appraisers Professional services may be procured by direct negotiation with a selected firm or individual. City Council approval is not required for professional services contracts. However, to select the best-qualified firm or individual to provide professional services, the procedures for azchitectural and engineering services are a good guide in procuring all professional services. Complete details about the policies to follow for Architectural and Engineering Services are covered below in Section B. Use the following guidelines when seeking professional services: 1. Assure budgeting, spending, and department director approval. 2. Develop a"scope of work" detailing duties to be performed by the provider, including presentation of results, preparation of reports, etc. 3. Check with several potential consultants before making a selection. 4. Select a consultant who has the skills, qualifications, and the best fit for the work needed. Information such as prior knowledge of the city, specific and particular expertise, and fit are some of the many considerations to use. 5. Negotiate the cost of services. Price is an important consideration, but is second to finding the best fit for the work needed. Bidding is not required for professional services. 6. Follow the contract routing process outlined in Chapter 1. Contract & Purchasing Manual 26 Revised December 2009 A. Purchase Order for Services A Services Purchase Order (SPO) has been created to allow the limited use of a purchase order for some low-risk services. The Purchase Order for supplies and material should not be used for services. The back of the SPO addresses issues for services contracts, i.e. services, insurance requirements, and indemnification language (See Appendix I for the ianguage that should appear on the back of an SPO}. The contractor must sign the front of the SP� and initial on the back as indicated by the indemnification pazagraph. The purpose of the contractor's initials by the indemnification language indicates that the contractor is aware of the provision and agrees to indernnify the City in the event of a lawsuit or claim. Proof of Authority to enter into the contract is not required for a SPO. However, certification of insurance is required. Criteria for a SPO — all three must be met: � Low risk services — i.e. entertainment, training, outplacement, facilitator, etc. If there is a question regarding the risk of services, ask the Law Department. • Provide services less than ten ( l0) times annually with no consecutive days. • Total annual cost of services is less than $10,000. B. Procedures for Architecturai and Engineering Services RCW 39.80 establishes a uniform policy for the procurement of architectural, engineering, and land surveying services far all state, county, and municipal governments. Fees for services cannot be considered during the initial selection process. The steps are outlined in the contract process as follows: • Determination of services needed • Advertisement for services • Evaluation of qualifications submitted • Selection of most qualified firm or individual • Negotiation with the most qualified firm or individual • Contract execution in general, the following professional services should be procured under the provisions of RCW 39.80: • Architectural design • Engineering study and design • Land surveying • Landscape architecture • Structural design The purpose of the selection procedures are: • To obtain the best professional services at a reasonable cost. • To establish an open, documented procedure for selection of professianal services. + To avoid potential conflicts of interest, or the appearance of favoritism in the selection. • To pernnit all qualified professionals to have an opportunity to be considered. Contract & Purchasing Manual 27 Revised December 2009 Determination of Services Desired A, specific description of the proposed project should be developed along with: ( I} The specific degree of services to be provided: � Preliminary studies and recommendations • Design services • Construction supervision/management � Peer review (2) A time frame to perform required work {3) The minimum qualifications required: � Experience of the organization • Experience of each professionai who would participate • References • Availability of the organization to meet established time frame Advertisement for Services Desired--The Request for Statement of Qualifications (SOQ) RCW 39.80.030 (for architects and engineers) provides that: Each agency shall pabiish in advance that agency's requirements for professional services. The announcement shall state concisely the general scope and nature of the project or work for which the services are required and the address of a representative of the agency who may provide further details. An agency may comply with this section by: (1) Publishing an announcement on each occasion when professional services provided by a consultant are required by the agency; or (2) Announcing generally to the public its projected requirements for any category or type of professional services. For major projects, most cities choose to publish a separate Request for Statement of Qualifications) that specifically describes the services to be provided and the qualifications needed. The second option is to select from MRSC Rosters for consultants. Publication The Request for SOQ and its publication is intended ta reach potentially interested consultants that can provide the services desired, and within the established time frame. For instance, a small local project wouId probably not need to be published in a major newspaper with a statewide circulation. In fact, practice indicates that most projects might appropriately be published in the local or trade newspaper. Fornzat of the Request for Statement of Quali�cations Whether the Request for SOQ is for a specific project or for a"category or type" of professional service, the basic format should include the following items: • Project title • Project descriptian • Scope of services clesired Contract & Purchasing Manual 28 Revised December 2009 • Technical requirements • Submission deadline � Agency representative • Format of response « Criteria for selection • Number of copies desired Request for 50Qs should include the advisement that consultants will be held to the ADA, ihe Civil Rights Act, and EEO requirements. Examples of advertisements for Requests for SOQ can be obtained from the Finance Department. Additional Information to the Request for SOQ An additional detailed project summary may be prepared and made available to all interested consuTtants. The project summary supplements the information in the RFQ to assist the interested consultants in understanding the desires of the city. It might include the folIowing information: • Transmittalletter • Reason for project • Scope of services being requested • Estimated budget or cost of praject • Instructions for subrnittal of qualifications • Format of response • Number of copies of response • Deadline for response • Criteria to be used to evaluate submittals � Special contract provisions • Name and telephone number of city contact person Note that the city cantact person only provides the information already available. No additional information or data is to be provided to only one or a few interested professionals. If it is later deternuned that additional information should be provided to those responding to the Request for SOQ, it must be issued to all interested professionals before the deadline for submittal of qualifications. Format of Response For ease of review, it is common practice to limit the responses to a specific number of pages, say for example 10. A suggested format might include the following items: + A letter of interest signed by a principal of the professional firm with a statement as to the availability of the firm to complete the work within the stated time period. • A demonstration of the firm's understanding of the project through an outline of their suggested approach to the ,project. • Evidence of the firm's ability to perform the work. • Experience of the staff who would be assigned to the project. • Reference, including names and telephone numbers of previous clients with similar projects. Contract & Purchasing Manual 29 Revised December 2009 Evaluation of Qualifications Submitted The responses received as a result of the advertisement are reviewed based on the established :guidelines for technical evaluation, and the number narrowed to a manageable number of interviews. At least three finalists should be interviewed if there are three qualified finalists available. If not, as many qualified finalists as are available should be interviewed. A major project might include a list of five or six finalists, while a smaller local project of lesser difficulty might have a list of only three finaIists. The list of finalists for interview should include only consuitants which the city feels are qualified and which the city would be prepared to retain. Documentation should be retained of the names of the finalists and of the reasons for the final selection. Evaluation Committee and eriteria One satisfactory procedure is to utilize an evaluation committee of three or five individuals, one or two of whom are technically familiar with the project. T'he other members of the committee should he generally familiar with the project requirements. The final selection is usually made by the project manager, in consultation with the evaluation committee. To assist the evaluation committee, and to insure a proper evaluation of the submittals, evaluation criteria should be developed before receipt of submittals. Often, the evaluation criterion is made a part of the advertisement for services, so that respondents may direct their responses to the weighted criteria. Sample of evaluation criteria might be as follows: Based on Factor a. Responsiveness of the written proposal to the purpose and scope of services b. Ability and history of successfully completing contracts of this type, meeting projected deadlines and experience in similar work Weight Given 60% 40% TOTAL CRITERIA WEIGHT I 100% Based on Points: Contract & Purchasing Manual 30 Revised December 2009 Note: The above tables are samples only, and need to be revised according to your project requirements; however, the total calculation of weight must equai one hundred (100). The evaluation criteria shouid be specifically developed for each project based upon size, complexity, time frame, etc. A specifically designed selection criteria makes it easier for the consultants to submit the desired information, makes it easier for the evaluation committee to perform its task, and reduces the possible problems of challenges to the seiection process through careful evaluation and documentation of the procedure. It is to the advantage of both the city and the consultants to advise the interested consultants of the weighted selection criteria to be used by the city. Selection of Finadists and Interview In the advertisement, the number of copies of the submittal should be specified, at least one more copy than the size of the evaluation committee_ Each committee member should individually evaluate each submittal based upon the prescribed criteria and submit a written score for each submittal. The committee should meet and review their scores for each submittai and develop a list of finalists. The top three to five finalists should be notified of their selection, their scheduled interview, and interview procedure. Those not selected shall also be notified. Most interviews fol2ow a procedure similar to the following example: I. General introduction by consultant (limit to five minutes) 2. Project approach by consultant's project manager (limited to 25 minutes). 3. Often, the city might provide specific questions that all the finalists are to respond to (limit to 15 minutes) 4. Questions by seiecrion committee (limit to 15 minutes) The suggested time periods used in the ahove example are typical for rnost presentations, but can be varied based upon the project involved. Very large and complex projects require considerably more presentation time. The city should either provide each consultant with the interview questions, or ask the questions during the interview if they have not been responded to in the consultant's presentation. Following are sample questions: � What organization structure do you propose to successfully organize your staff and to complete this project? • Please have your proposed project manager explain to the committee your firm's approach to this project. � How long do you anticipate it will take to complete this scope of services? • How does your firm coordinate the staff commitments far this and your other projects? � Where will the work be performed? • Do you plan scheduled project status meetings with city staff? If so, how often? • What services cio you propose to subcontract to others? • Who will be the major subcontractors? • Have you previously worked with these subcontractors? The interview schedule should permit the evaluation committee time after each presentation to record their evaluation. Usually allow at least 10 to 15 minutes after each interview for the Contract & Purchasing Manual 31 Revised December 2009 committee to complete their records. It is advisable to limit the interviews to no more than five in one day. Reserve a room with adequate space for the committee and the finalists to make their presentation and to respond to the committee questions. Schedule adequate time for the interviews and ailow time between interviews for the committee to make their notes. The selection committee may wish to ask additional questions after the presentation by the consultants. For example, the committee might ask: • Current workload of the professional firm? • Time commitment of firm's principals? • Receipt of any design awards? • Has the design team previously worked together? On what projects? • Recent change order experience of the firm? • Recent bidding experience? Bids above or below designers estimate? � What is their preferred method of compensation? � Affirmative Action Plan? (If applicable)- Requirement for projects involving Federal monies Selection of the Most Highly Qualified Firni Upon conclusion of the last interview, the committee should convene to review their notes and criteria points. The candidate with the highest rating should be deemed to be the most highly qualified. The best qualified will be selected after reference checks. The other candidates shouid be so advised. Retain evaluation sheets, notes, and other documents in a safe, secure place to support the ranking procedure and selection until the final contract has been executed and the project cammenced. Scope of Services The city and the selected professional further define the scope of services to be performed. The city may have benefited from the presentations of the other candidates in defining the scope of services ciesired. The selected professional firm, based upon its experience on similaz projects, adds to the scope of services. Once the scope of services is well defined, negotiation begins to determine a fair and reasonable price. Negotiation When a public agency selects a firm to perform architectural or engineering services, price and cost may be considered only after the most qualified firm has been selected, at which time the law provides for negotiation of a"fair and reasonable price." (Washington Attorney General Opinion No. 4, 1988.) RCW 39.80A50 (1) provides: The agency shall negotiate a contract with the most qualified firm for architectural and engineering services at a price, which the agency determines, is fair and reasonable to the agency. In making its determination, the agency shall take into account the scope, complexity, and professional nature thereof. Contract & Purchasing Manual 32 Revised f3ecerraber 2009 RCW 39.80.050 (2) adds: If the agency is unable to negotiate a satisfactory contract with the firm selected at a price the agency determines to be fair and reasonable, negotiations with that firm shall be formally terminated and the agency shall select other firms in accordance with RCW 39.80.040 and continue in accordance with this section until an agreement is reached or the process is terminated. Compensation There are several methods used to compensate professional firms for their services. Sorne of these methods may include the following: • Sa1ary cost times a multiplier plus direct non-salary expenses • Per diem • Cost plus fixed fee � Lump sum + Percentage of construction cost The methads or combination of inethods used depends upon the nature, scope, and complexity of services required by the city. The first three methods listed above are based upon the consultant's cost to perform the services and do not require a precise definition of scope of services, unless a ceiling is superimposed upon the total contract amount. The last two methods are based upon a specific scope of services to be provided and do require that the project scope be well defined prior to final negotiations. When architectural or engineering services are desired in conjunction with a transportation project involving funds from the Federal Highway Administration (FHWA) or the Washington State Department of Transportation (WSDOT), a standard Local Agency DOT contract will be used. Copies of Exhibit B-1 and G from this contract should be forwarded to the City's Title VI officer. Contract & Purchasing Manual 33 Revised December 2009 OUTSIDE COMMITTEES SUB URBAN CITIES ASSOCIATION APPOINTMENTS Committee Re resentation SCA Board of Directars Ma or Kochmar Public Issues Committee (PIC Mayor Kochmar,Council member Re ional Polic Committee "RPC" De u Ma or Duclos Re ional Transit Committee "RTC" Council member Burbid e Re ional Water Quali Committee "RWQC" Pu et Sound Re ional Council rations Committee Puget Sound Regional Council Growth Management Polic Board Puget Sound Regional Council Transportation Policy Council member Burbidge Board Puget Sound Regional Council Economic Development District Policy Board Local Hazardous Waste Management Program/Management Coordination Committee to End Homelessness a. Governing Board b. Interagency Advisory Council staff committee Mental Health and Drug Dependency Oversight Committee Solid Waste Advisory Committee ("SWAC") Executive Emergency Management Advisory Committee Radio Executive Policy Committee South C entr al Are Cau Gr oup Puget Sound Regional Council Regional Project Evaluation (RPEC) staff committee a. b. Human Services Manager Hynden Council member ASSOCIATION QF WASHINGTON CITIES APPOINTMENTS NATIONAL LEAGUE OF CITIES KING COUNTY Committee Re resentation King County Growth Management Planning Deputy Mayor Duclos Council "GMPC") Re ional Law Safe & Justice Committee Council member Park King County Consortium Joint Recommendations Human Services Manager Hynden Committee for CDBG 3RC"} Kin Coun Disabili Board LEOFFI Board of Health King County Flood Control District Advisory Council member Park Committee Domestic Violence Initiative 07'HER Committee Re resentation Puget Sound Regional Council Executive Board Council member Burbidge non-SCA a intment) Council member pove South County Area Transportation Board Council member Burbidge ("SCATBD"} Metropolitan Solid Waste Management Advisory Deputy Mayor Duclos Committee ("MSWMAC") Parks, Public Works and Emergency Management Directar Roe Solid Waste/Rec clin Coord. Van Orsow Water Resource Invento Area 9("WRIA") To be assi ed Federal Wa Coordinated Communi Res onse Police De artment & Munici al Court Federal Way Government Liaison Committee Mayor Kochmar De u Ma or Duclos Government Affairs Committee (City/Chamber) Deputy Mayor Duclos Council member Freeman Economic Development Committee (City/Chamber) Mayor Kochmar Council member Burbidge Council member Park Lod in Tax Adviso Committee LTAC Council member pove ENTITIES Enti Re resentation South Correctional Enrity ("SCORE") Council member povey Ci Mana er/Police Chief Wilson Valley Gommunications ("Valley Com") Council member povey Ci Mana er/Police Chief Wilson