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Council PKT 05-04-2010 SpecialCITY OF �,., Federal Way AGENDA FEDERAL WAY CITY COUNCIL SPECIAL MEETING CITY COUNCIL MAY 4, 2010 www. cityoffederalway. com SPECIAL MEETING — 5:30 PM 1. CALL MEETING TO ORDER 2. CHANGE OF GOVERNMENT: a. Continued discussion of Appointed Positions and Confirmations b. Professional Service Agreements 3. EXECUTIVE SESSION • Potential Litigation Pursuant to RCW 42.30.110(1)(i) • Property Acquisition Pursuant to RCW 42.30.110(1)(c) • Collective Bargaining RCW 42.30.140(4)(b) 4. ADJOURNMENT COUNCIL MEETING DATE: May 4, 2010 Study Session ITEM #: 2, . Q, . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FOLLOW UP APRIL 20, 2014 STUDY SESSION POLICY QUESTION: SHOULD THE CITY COUNCIL: (1 } AUTNORIZE THE POSITION OF EXECUTIVE ASSISTANT FOR CITY COUNCIL; and (2) MODIFY THE LANGUAGE FOR COUNCIL TO CONFIRM APPOINTMENTS OF DESIGNATED POSITIONS? INFORMATION REGARDING THE BUDGET PROCESS UNDER MAYOR-COUNCIL FORM OF GOVERNMENT PROVIDED. COMMITTEE: n/a CATEGORY: ❑ Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: ❑ Public �Iearing � Other STAFF REPORT BY: Patricia Richardson, City Attorne DEPT: Law _ .................. . _ ...__..........._._....._.......... _... .... ....... ............................................................... ....... ....................................Y.... ........ _. Attachments: Staff report Options Considered: 1. Approve the Executive Assistant for Council position as presented: 2. Modify the Executive Assistant for Council position as discussed. a. Approve the modification to the confirmation language for designated positions as presented. b. Modify the modi�cation to the confirmation language for designated positions as discussed. STAFF RECOMMENDATION: n/a CITY MANAGER APPROVAL: ,� l.�I'�-� y ��I� DIRECTOR APPROVAL: �� Committee Council Committee Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION `7 move approval of Options (number) and (letter) " (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 (ordinances only) ORDINANCE # REVISED— OZ/06/2006 RESOLUTION # � � . � � . • s CITY ATTORNEY'S OFFICE MEMORANDUM DATE: APRIL 27, 2010 TO: CITY COUNCIL MEMBERS CCc BWAN WILSON, CITY MANAGER/POLICE CHIEF � FROM: PATRICIA RICHARDSON, CITY ATTORNEY � SUBJECT: FOLLOW—UP FROM APRIL 20, 2010 STUDY SESSION At the April 20, 2010 Council requested the City Attorney return with information regarding the following: (1) the duties and qualificarions for the Executive Assistant for City Council position; (2) proposed modification to the confirmation language adopted by Council; and (3) identify a process whereby the City CounciI could ad}ust the biennial budget without the Mayor bringing forth a recommendarion. EXECUTIVE ASSISTANT TO CITY COUNCIL After learning that the majority of comparable cities under the Mayor-Council form of government have created a separate admiuistrative support positions, Council directed the City Attorney to return with proposed language identifying the duties and qualifications. The proposed language, reviewed by Mary McDougal the Human Resources Director, is in the format used for all other appointive/designated positions, which will be identified in the Federal Way Revised Code. Except for the Mayor no other position identified by the Council specifies whether position is full time or less. Staff does not have a recommendation whether the position should be full time or less. However, the comparable cities with experience have determined that the position should be fult time. 1. Position ritle. Execurive Assistant to City Council 2. Duries. Serve as adinuustrarive support for all seven Ciry Council members concerning Ciry business, which include coordinating meetings, conferences and travel arrangements, reconcile and process expenses, preparation of correspondence, reports and memoranda. Additionally, screen telephone calls, greet the public, and take necessary actions to follow up for prompt responses. Maintain and update the calendars far City Council members and assist as directed by City Council. 3. Qualifications. Any combination equivalent to: two years college-level course work in business administration, office management, secretarial or related field and relevant experience. College degree and municipal government experience preferred. Direction to the Citv Attorne�: Inc•orfiorate the propo.red language into the Federal Way I�evi.red Code. Mod� the propo.red language ar direc•ted. Council discussion to provide direction in preparing the budget: Position should be full time Position should be hours per week PROPOSED MODIFICATION TO CONFIRMATION LANGUAGE At the April 20, 2010 study session Council raised a concern that current time frame for Council to invesugate a Mayor's recommended appointrnent may not be suffieient as one could argue that Council only had two weeks to decide. The proposed underlined language below is intended to clarify the process in that the City Council has two regularly scheduled meetings to decide. 2.10.13 Rules for Aaaointin� Officers. The Department officers and administrators identified by the Ciry Council shall be appointed by the Mayor and subject to confirmation by a majority of the members of the Ciry Council. If the Council shall refuse to confirm any such nomination of the Mayor, then the Mayor shali appoint another person to fill the office, and the Mayor may continue to appoint until the appointee is confixxned. The Mayor shall �resent information of the �ro�osed a�ointment seeking confirmation at a re arly scheduled counciI meeting. Following the Mayor'�resentation the Council shall have up to two regularly scheduled council meetings to act upon the Mayor's appointment, but should the Council fail to act within that period of time, the appointment will be deemed confirmed. The Mayor shall have the ability to make interim appointrnents for up to six months without Council confirmarion. Direction to the Cit� Attorne�.� Amend the Federal Way Kevi,red Code tvith the language above. Amend the Federal Way Kevi.red Code a.r direc•ted. 2 BUDGET PROCESS The City operates under a biennial budget pursuant to RCW 35A.34. While the City Council is authorized to ultimately modify or approve the proposed budget or budget adjustments as presented by the Mayor, state law does nat authorize the City Council to initiate budget modifications. Instead, the budget preparation and presentarion is the responsibility of the Mayor as shown in the steps below: 1. On or before the second Monday of September, departtnent clirectors receive notice to provide estimated revenues from other sources and all anticipated expenditures. (Instructions will to Management Team will be distributed on May 31, 2010) 2. Department directors provide the fmancial information within fourteen (14) days. (Instructions to Management Team will be distributed on TVIay 31, 2010) 3. The Mayor is responsible for preparing the preliminary budget. 4. On or before the November 151 the Mayor will present the proposed preliminary budget outlining the City's complete financial program in the budget message explaining the budget and explaining recommendations. (City Manager/Police Chief wili present preliminary budget October 19, 2010 Council meeting). 5. Public hearings must be scheduled and notice must be published to provide an opportuniry for the public to comment on the proposed budget. (City Manager/Police Chief wiIl present preliminary budget October 19, 2010 CounciI meetin�. 6. Following the puhlic hearings City Council may make adjustments provided that the appropriations are limited to the total estimated revenues. ("The adoption of the budget is scheduled for the December 7, 2010 Council meeting). 7. For the mid-bienrual budget review and adjustment the Mayor prepares the budget documents and submits them along �vith a schedule for public hearings. (The mid-biennium budget adjustment occurs in the even-numbered years with the formal process beginning after September 15�. The modificarion is formally adopted no Iater than the second Council meeting in December). 8. Following the public hearings City Council may make adjustments. The expenditures identified in the budget documents constitute the City's appropriations and transfers between funds are prohibited. Although state law only addresses a mid-biennium adjustment, it does not limit the number of times that a budget can be modified. Regardless of the frequenry, the format as outlined above must be followed. K:\cm\electedmayor\staffxpt\followup\4 20 mtg 3 COUNCIL MEETING DATE: May 4, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL $UBJECT: FOLLOW UP APRIL 6, 2010 STUDY SESSIOI�i — PROFESSIONAL SERVICES AGREEMENTS POLICY QUESTION: SHOULD THE CITY COUNCIL DIRECT THE CITY ATTORNEY TO MODIFY THE CITY'S PURCHASING POLICIES IN REGARDS TO PROFESSIONAL SERVICES AGREEMENTS? ITEM #: COMMITTEE: n/a CATEGORY: ❑ Consent ❑ City Council Business ■ ■� Ordinance Resolution MEETING DATE: ❑ Public Hearing � Other STAFF REPORT BY: Patricia Richardson City Attorne __ DEr'r: Law _._....__....__.__ ................._.._..........___....._.._....._...___......_..._.........._._..-----------'—................_..._.......__._.._.._....._Y ...._ ......_._.................--------............._....____....�_..--��-�---__.�..__ ___...__..__...--- Attachments: Staff report, timeline of Public Works project showing the steps necessary before commencing work, and a chart showing the checks and balances under the Purchasing Policies. Options Considered: 1. Direct the City Attorney to modify the City's Purchasing Policies. 2. Do not modify the City's Purchasing Policies in regards to professional services agreements. STAFF RECOMMENDATION: n/a CITY MANAGER APPROVAL: ��+� y/o'�lj?(7� DIRECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION: Committee C� Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: `I move approval o f Option " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUIVCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED i reading � TABLED/DEFERRED/NO ACTION Enactment readi� � MOVED TO SECOND READING (ordirrances onlyJ ORDINANCE # REVISED— 02/06/2006 RESOLUTION # • � � . • : CITY ATTORNEY'S OFFICE MEMORANDUM DATE: APRIL Z?, 2010 TO: CITY COUNCIL MEMBERS CC: BRIAN WILSON, CITY MANAGER/POLICE CHIEF FROM: PATRICIA RICHARDSON, C1TY ATTORNEY �'` SUBJECT: FOLLOW-UP PROFESSIONAL SERVICES AGREEMENTS At the March 2, 2010 Council requested more information on professional services agreements. The April 6, 2010 Staff Report addressed the current practices under Council's Purchasing Policies. (A copy of the Staff Report is attached for your convenience). Attached is a chart intended to show the checks and balances that are currently in place under the Purchasing Policies regarding City contracts. K:\cm\electedmayor\staffrpt\followup\4-6 psa � • .. � � � �r CITY ATTORNEY'S OFFICE MEMORANDUM DATE: MARCH 3�, 2010 TO: COUNCIL MEMBERS CC: BRIAN WILSON, CITY MANAGER/POLICE CH[EF THO KRAUS, FINANCE DIRECTOR � FROM: PATRICIA RICHARDSON, CITY ATTORNEY Q SUBJECT: FOLLOW UP REGARDING PROFESSIONAL SERVICES AGREEMENTS The purpose of this staff report is to follow up from the Nlarch 2, 2010 Special Study Session regarding the City's Purchasing Policies ("Policies") for professional services agreements. At the meeting the City 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 Ciry Council approval. Many commented that the dollar amounts were raised because obtaining council approval created estra steps for staff and was less efficient. The "Policies" do address the process for awarding contracts as well as other aspects for administrating them.� Although the Policies recognize that there is no legal requirement to comperirively 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 Qualifications) if possible. Selection of Architectural anc� 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 selection 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 action befoxe 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 City 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 selection process for the project manager. The City 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 I'olicies also provide other safeguards in regards to the administration of the contracts in general. First, the Policies expressly state that: The Ciry's Finance Director or designee ensures that records detailing the history of City procurement are maintained in compliance with applicable state law and state or federal grant agenry requirements. All records, detern 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, informarion regarding: 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 the action taken; and other supporting records. Pollcie.r, at 15. Second, amendments to eYisting contracts cannot occur when the original contract is: Is older than sis years, Already has four amendments, Significandy changes the scope of work or type of project, Contractor lacks the skill or manpower to undertake the additional scope, or Changes have occurred in the competirive factors since the original procurement. Policae.r, 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 eontract for different reasons. Lasdy, Chapter 4 of the Policies addresses professional services agreements in more detail. (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. Direc•tion to the Ci�tv Attorne�.- Modify the Policies for professional services agreements as directed. Modify ofher items as directed Do not modify the Policies K: \ cm \ electedmayor\ staffrpts \ followup \ 3 2 PROfES510NAL SERVIC€5 - Architects & Engioeea (architedural design, engineering study & design, land surveying, landseape architecture, structurat design, geotech engineering) - Other Professional Services (Accountants, consultants/facilitators, attorneys, computer progremmers, insurance brokers, planners, environmentalists, real estate appreisers, row-of-way negotiators and low risk services such as entertainment, training, outplacement, facilitator) � _.__.. RCW 39.80 Requires Archited &' advertising &- Engineer `�- ��atiation process Selec[ minimum of 3 consultants fcom MRSC Shared A&E Roster � _...._ . ..._ Issue Requestfor , Statement of �`�,�` Qualifications (50� nit�e � ees �y __ �� Finance advertises SOQ SOQS received by Depts Other Professional 52NICE5 Underlining indicates decisions eold indicates documents Competltive Bid, No[ Required - Negotiate Di�ectly Committee evaluates' quali�cations based on pre- determined criteria (price not a consideration) Committee seletts minimum of top 3 candidatesfor proposaland intecview 'Committee selects most higtily qualified fiem Further define scope ; of services � Negotiate price ' ti" Draft Gontract m on FEDRAC reviews & Under $SO; low risk service 510K & Under& — ' - no coM�act required, use ! not low risk - Dept ,; Over $1QK - City Service Purchase Order Director signs Manager signs Route the Contred for Internal Review W ; lssue Execute Contrad �,y', Natice to ; Proceed Oeptrecieves invaicefor services, reviews and approves paqment, submiu to Financefor �� payment Finance maintains records & makes available for auditor review as Finance pays reviews to ensure proper documentation prior to making payme�t � Page 1 of 2 � d � � N O N