Resolution No. 3605 Matrix: Current language vs. proposed language

Page, Section #

Current Resolution Language

Proposed Resolution Language

Page 2,

Introduction

…Resolution No. 3605 shall be subject to Port Commission

review in twelve (12) months to eighteen (18) months after

it enter into force…

… Resolution No. 3605 shall be subject to Port Commission

review within two years or sooner if the Legislature requires

changes in port contracting practices or if related matters

arise that require Commission review.

Page 5, Section

1.5., Roles and

Responsibilities of

the CEO

New language, no prior version. Replaces multiple

references to “authorized budget limits” in document.

1.5.1. The CEO shall exercise the authority granted by this

Resolution in a manner consistent with the Port’s Annual

Operating Budget, Annually Approved Capital Budget and

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-to-

day 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

1.7., Roles and

New language, no prior version.

1.7. Any changes in the policies and procedures of this

document that are brought about by changes in the law will

Item No.: _____6a_Matrix_____

Date of Meeting: __Nov. 3, 2009__

Responsibilities of

the CEO

be reviewed and approved by the Commission prior to

implementation by Port staff.

Multiple Sections:

3,4,5,6,7,8,9

Global replacement of the term “less than or equal to

$200,000 dollars”

“less than or equal to $300,000 dollars”

Page 12, Section

4.2.3.8., Change

Orders for

Contracts over

$300,000.

Removal of “The individual change order does not cause the

project to exceed the authorized budget.”

None, exceeding the authorized budget causes the project

to go before the Commission in open session anyway.

Page 13-14,

Section 5, Non-

public Work

Projects

Removes parts of Section 5 that are identical to Section 4, and the text refers the reader back to Section 4.

Page 15, 6.4.,

Waivers from

competition

No prior language

6.4. It is the Port of Seattle’s policy to engage in

competitive solicitation of bids for all services and

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

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., Personal

Services

7.2.1. For projects within Authorized Budget Limits, the CEO

is authorized to contract for personal services with qualified

consultants so long as the fees for any single project or

closely related work are less than or equal to Two Hundred

Thousand Dollars ($200,000).

7.2.2. For services not ancillary to projects, the CEO is

authorized to contract for personal services so long as the

fees are within Authorized Budget Limits and are less than or

equal to Two Hundred Thousand Dollars ($200,000).

7.2.3. Selection, contracting, and payment for all such

services shall follow all required statutory procedures. All

Port of Seattle personal services policies and

procedures shall specifically conform to SSHB 3274, or its

equivalent codification in the Revised Code of Washington.

7.2.4. 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 eligible firms to

compete on such projects.

7.2.1. The Port of Seattle’s procurement policy, as adopted

in accordance with RCW 53.19.090., promotes full and open

competition, transparent procurement practices,

opportunities for small businesses, and compliance with all

laws. All Port of Seattle personal service policies and

procedures shall specifically conform to Chapter 53.19.

RCW.

7.2.2. The CEO is authorized to contract for personal

services with qualified consultants so long as the fees for

any single project or closely related work are less than or

equal to Three Hundred Thousand Dollars ($300,000).

7.2.3. For services not connected to projects, the CEO is

authorized to contract for personal services so long as the

fees are less than or equal to Three Hundred Thousand

Dollars ($300,000).

7.2.4. The CEO is authorized to amend service agreements

so long as the fee increase associated with the amendment

is less than or equal to Three Hundred Thousand Dollars

($300,000). All amendments over that amount require

Commission approval. The Commission must be notified of

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

7.3., Goods and

Purchased

Services

No previous section; this language matches language on

critical works in Sections 4/5.

7.3.4. Authorization for Critical Work. Under circumstances

not constituting a legally defined emergency, but otherwise

requiring immediate action to avoid significant adverse

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,

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

7.4., Audits

New language

“…as laid out in the Audit Committee Charter. “

Page 19, Section 8,

Utilization of Port

crews

New language

8.3. The CEO may authorize expense maintenance projects

that are not new construction projects or contracts or that

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

9.2., Legal Services

New language

Subject to the limitations of RCW 53.08.208, counsel may

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

16, Non-

discrimination and

equal opportunity

AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT

16.1. It is the basic policy of the Port of Seattle to provide

equal opportunity to the users of all Port services and

facilities, all contracting entities, Port employees and

applicants for employment, and to assure that there be

NON-DISCRIMINATION AND EQUAL OPPORTUNITY

16.1. It is the basic policy of the Port of Seattle to provide

equal opportunity to the users of all Port services and

facilities and all contracting entities. Specifically, the Port

will not tolerate discrimination against any persons on

absolutely no discrimination against any persons on grounds

of race, creed, color, national origin, sex, sexual orientation,

marital status, age, or the presence of any sensory, mental,

or physical disability as guaranteed in the Washington State

Constitution and various RCWs, and applicable federal laws.

grounds of age, race, color, national origin/ancestry,

ethnicity, religion, disability, Family Medical Leave Act

(FMLA) use, pregnancy, sex/gender, sexual orientation,

whistleblower status, marital status, workers’

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., Definitions

20.2.13. "Best Bid" is an alternate contracting method where

the best bidder submits plans according to specifications in

accordance with RCW 53.08.130. The Best Bid contracting

method proceeds in three phases. First, the Commission

authorizes design funds and permission to use the best bid

contracting method. Second, after the request for proposal

is prepared, the Commission authorizes the advertisement

of the contract and the selection of the best bid. Third, the

Commission authorizes final design, construction funding,

and awarding of the contract to the best bidder.

20.2.12. “Best Bid” is a contracting procedure described in

RCW 53.08.130 that allows awarding a public works

contract to “the best bidder submitting his or her own plans

and specifications.” This situation may occur when the Port

has provided a complete design but one or more bidders

has another idea, or the Port may solicit original ideas from

all bidders. In either case, the award selection is made on a

combination of cost and proposal known as best value.

Commission authorization is required for best bid

procurement, either prior to advertising, if best bid

proposals are requested, or prior to award, if an unsolicited

best bid proposal is selected.