[1]
Editor’s Note: Prior Legislative History: This chapter was originally adopted by Resolution 104-1986 and amended by Ordinances 307 (2003) and 325 (2004). Ordinance 604 (2021) amended and reenacted the chapter in its entirety.
The intent and purpose of this chapter is to delegate certain administrative and executive functions related to contracts (including but not limited to contracts for supplies, materials, services, equipment, public works, labor or employment, or contracts for revenue or additional funds from outside sources, or intergovernmental contracts), to establish standards and limits for the exercise of such contracting functions, to manage risk of liability arising when entering into and performing contracts, and to ensure that expenditures and the incurring of liabilities are within the limits of fixed and adopted budgets.
(Ord. 604 (2021) § 1, 2021; Ord. 634 (2024) § 1, 2024)
A. 
Departments Under the Purview of the Board. This chapter applies whenever any department wishes to enter into any contract covered by this chapter, except as otherwise provided herein.
B. 
Separately Elected Officials. This chapter applies to separately elected officials unless the proposed contract: (1) is within the scope of the official’s constitutional and statutory authority; (2) does not impermissibly seek to bind the elected official’s office beyond the official’s term of office; and (3) does not require an amendment to the official’s approved budget because of increased revenue or expenditures or the incurring of liabilities. If the proposed contract pertains to the procurement of electronic data processing or telecommunications equipment, software, or services, then review in accordance with Section 3.56.060 is required. If the proposed contract pertains to the employment of a regular full-time or part-time employee for which no budgeted position was created, affects the wage-related terms of a labor agreement, or effects a change in the compensation pay rate established by the board of commissioners, then review in accordance with Section 3.56.080 and approval in accordance with Section 3.56.110(C)(6) are required.
(Ord. 604 (2021) § 1, 2021; Ord. 634 (2024) § 2, 2024)
The following are alternatives to the review and routing of contracts as required by this chapter. Requirements for certification, subscription authority, the subdivision of purchases, and multi-year purchases remain applicable.
A. 
Purchase orders may be used for the purchase of supplies, furnishings, and small equipment when all the following are met:
1. 
The purchase is not related to a public works project;
2. 
The purchase is not for any service, lease, license, or joint purchase under a contract awarded by another public agency under RCW 39.34.030(5) without the prior approval from the purchasing division;
3. 
The purchase amount is less than $50,000.00;
4. 
The purchase amount is within the appropriation fixed in the annual budget;
5. 
The purchase is made in compliance with policies and procedures established by the department of administrative services purchasing division; and
6. 
The county’s standardized purchase order form is used, and no term or condition of such form is changed.
B. 
Purchase orders may be used to purchase off an approved master contract so long as the standard terms and conditions are replaced with or subject to the terms and conditions of the master contract.
C. 
Contracts pertaining to the purchase, sale, exchange, or lease of real property and the disposition of surplus personal property are controlled by Chapter 4.142.
(Ord. 634 (2024) § 3, 2024)
A. 
Appointment of Contract Administrator. Each department director and elected official shall appoint a contract administrator and notify the department of administrative services purchasing division of the person so appointed.
B. 
Duties of Contract Administrator. The contract administrator shall be initially and primarily responsible for all aspects of procurement and contracting. This responsibility includes, but is not limited to, the following:
1. 
Overseeing and monitoring procurement;
2. 
Development of specifications, negotiation, language selection and contract drafting;
3. 
Compliance with legal requirements and county policies and procedures;
4. 
Compliance with auditing and budget requirements;
5. 
Compliance with grant requirements;
6. 
Ensuring certificates of insurance and endorsements or bonds are obtained from the contractor if required;
7. 
Monitoring of contract performance; and
8. 
Contract close-out.
C. 
Assistance for Contract Administrator. To meet the responsibilities imposed by this chapter, the contract administrator may, so often as is reasonably necessary, consult with and receive assistance from other county personnel such as the department of administrative services purchasing division, the auditor, and the prosecuting attorney’s office.
D. 
Encumbering or Supplementing Budget Line Item. The contract administrator must obtain a contract control number to encumber or supplement funds to the budget line item from which the contract expenditure is to be paid or to which the revenue is to be received. In accordance with RCW 36.40.100, the contract administrator and responsible department director shall ensure that expenditures or liabilities incurred under the contract amount, together with any amendments, do not exceed the amount fixed and adopted in the annual budget.
E. 
Approval of Contract. Before presenting a proposed contract or contract amendment for subscription, the contract administrator shall obtain the approvals required in this chapter. The necessary approvals must be noted on a contract review sheet, which must accompany the proposed contract.
F. 
Review by Department Director. Before a contract or contract amendment is submitted to other departments or offices for consideration and approval, the director of the department desiring the contract or amendment, and in the absence of the director the deputy director, shall review and approve the proposed contract or amendment for accuracy, completeness, and acceptability from business, risk, and policy and practice perspectives.
G. 
In-Service Training. All contract administrators must complete one or more contract administrator training classes presented by the prosecutor’s office and/or the department of administrative services purchasing division.
(Ord. 604 (2021) § 1, 2021)
Whenever applicable and feasible to do so, a department must use the county’s standardized contract forms, which are available from the department of administrative services purchasing division.
(Ord. 604 (2021) § 1, 2021)
The administrative manager or designee shall review each proposed contract and amendment and determine, from information contained in the proposal or supplied by the contract administrator, if the proposal meets procurement requirements.
(Ord. 634 (2024) § 4, 2024)
A. 
The risk manager or designee shall review each proposed contract and amendment and determine, from information contained in the proposal or supplied by the contract administrator, if the proposal is satisfactory with regard to hold harmless provisions, insurance, bonds, and other means to anticipate and allocate risk between the parties.
B. 
If the contract requires the contractor to provide a certificate of insurance and endorsement or bonds to the benefit of the county, the contract administrator must obtain and provide copies of such to the risk manager prior to execution of the contract. If a contract amendment amends the scope, duration, or the amount paid under the contract, the contract administrator must obtain and provide to the risk manager copies of updated certificates of insurance and endorsements or bonds prior to execution of the amendment. The risk manager shall retain the records in accordance with state records retention law.
(Ord. 604 (2021) § 1, 2021)
If the proposed contract pertains to procurement of data processing, hardware, software, telecommunications, automated records and storage systems for computer services, the information services department and purchasing division must review the proposal for uniformity and compatibility with existing and planned county equipment, security issues, and functional redundancy of software or systems compared to existing county systems.
(Ord. 604 (2021) § 1, 2021)
The budget manager or designee shall review each proposed contract and amendment and determine, from information contained in the proposal or supplied by the contract administrator, if there is funding for the contract or amendment.
(Ord. 634 (2024) § 5, 2024)
The auditor or designee shall review each proposed contract or amendment and determine, from information contained in the proposal or supplied by the contract administrator, whether any grant money may be used to fund the contract or amendment and, if so, whether the procurement process and the contract or amendment comply with the requirements of such grant.
(Ord. 604 (2021) § 1, 2021; Ord. 634 (2024) § 6, 2024)
If the proposed contract or amendment pertains to the employment of one or more employees or unionized labor, the human resources director shall review the proposed contract or amendment and determine, from information contained in the proposed contract or supplied by the contract administrator, whether it is satisfactory with regard to federal and state labor and employment laws and regulations and Kitsap County personnel policies, and whether it meets applicable requirements of collective bargaining agreements and civil service rules.
(Ord. 604 (2021) § 1, 2021; Ord. 634 (2024) § 7, 2024)
The prosecuting attorney shall review each proposed contract and amendment and determine, from the information contained in the proposal or supplied by the contract administrator, if the proposal (A) will be legally enforceable, subject to bankruptcy, receivership, insolvency laws, and proper approval and execution by each party to the contract; and (B) will comply with laws applicable to contracts of that type.
(Ord. 604 (2021) § 1, 2021)
Once a proposed contract or amendment has been approved as specified in this chapter the contract administrator shall thereafter present it to the subscribing authority. In presenting the contract or amendment to the subscribing authority, the contract administrator certifies that the proposal meets standards established for contracts of its type, including but not limited to competitive procurement, budget appropriations, and applicable county regulations.
(Ord. 604 (2021) § 1, 2021)
A. 
Board of County Commissioners. The board of county commissioners shall subscribe all contracts and contract amendments unless specifically delegated as provided herein. For clarification and not limitation, the board retains the exclusive authority to subscribe the following contracts and contract amendments:
1. 
Interlocal and other contractual agreements with other governmental agencies, and amendments to such agreements, unless by separate ordinance or resolution the board has authorized the agreement and has delegated subscription authority.
2. 
Contracts and contract amendments where the total amount of the contract and all subsequent amendments exceeds $100,000.00.
3. 
Amendments to contracts for public works projects as specified in Chapter 39.04 RCW where the total amount of all amendments exceeds ten percent of the original contract amount.
4. 
Contracts and contract amendments where revenues, expenditures, and liabilities are not fixed and adopted in the annual budget and thus require a budget amendment as prescribed in Chapter 36.40 RCW.
5. 
Employment and labor contracts except as governed by the Kitsap County Personnel Manual.
6. 
Notwithstanding the foregoing, the chair of the board of county commissioners is authorized to subscribe purchase orders exceeding $100,000.00 for items purchased off an approved master contract, provided the purchase amount is within the appropriation fixed in the annual budget and the purchase complies with all other applicable provisions of this chapter.
B. 
County Administrator.[1] The county administrator,[2] and, except as stated below, in the absence of the county administrator[3] the chair of the board of county commissioners, is authorized to subscribe the following contracts and contract amendments:
1. 
Contracts in the amount of $100,000.00 or less, and amendments to such contracts, provided the total amount of the contract, including all amendments, does not exceed $100,000.00.
2. 
Amendments to contracts subscribed by the board for public works projects as specified in Chapter 39.04 RCW provided the total amount of all amendments does not exceed ten percent of the original contract amount or $100,000.00, whichever is less.
3. 
Certain contracts where, by ordinance or resolution, the board of county commissioners has delegated subscription authority, so long as the ordinance or resolution (a) includes findings describing the basis for the particular delegation, (b) prescribes and limits the authority delegated, including any time limitations, and (c) is reviewed and approved as to form by the prosecuting attorney. The contract review sheet shall identify the ordinance or resolution authorizing the delegation of subscription authority for the particular contract.
4. 
Contracts from the commissioners’ office and amendments thereto may be subscribed, in the absence of the county administrator, by the deputy county administrator provided the total amount of the contract, including amendments, does not exceed $50,000.00.
[1]
Code reviser’s note: Reference to the County administrator also means the Chief Administrative Officer per Kitsap County Resolution No. 169-2013.
[2]
Code reviser’s note: Reference to the County administrator also means the Chief Administrative Officer per Kitsap County Resolution No. 169-2013.
[3]
Code reviser’s note: Reference to the County administrator also means the Chief Administrative Officer per Kitsap County Resolution No. 169-2013.
C. 
Department Directors. Department directors, and in the absence of the department director the assistant or deputy director, are authorized to subscribe the following contracts and contract amendments for their department:
1. 
Contracts in the amount of $50,000.00 or less, and amendments to such contracts, provided the total amount of the contract, including amendments, does not exceed $50,000.00.
2. 
Amendments to contracts subscribed by the board for public works projects as specified in Chapter 39.04 RCW provided the total amount of all amendments does not exceed ten percent of the original contract amount or $50,000.00, whichever is less.
3. 
Certain contracts where, by ordinance or resolution, the board of county commissioners has delegated subscription authority, so long as the ordinance or resolution (a) includes findings describing the basis for the particular delegation, (b) prescribes and limits the authority delegated, including any time limitations, and (c) is reviewed and approved as to form by the prosecuting attorney. The contract review sheet shall identify the ordinance or resolution authorizing the delegation of subscription authority for the particular contract.
(Ord. 604 (2021) § 1, 2021; Ord. 634 (2024) § 8, 2024; Ord. 642 (2025) § 1, 2025)
Once the subscribing authority has approved a contract, or amendment, the contract administrator shall ensure:
A. 
The executed contract and contract review sheet are transmitted to the auditor for retention in the auditor’s files; and
B. 
A copy of the contract review sheet is transmitted to the county administrator.[1]
[1]
Code reviser’s note: Reference to the County administrator also means the Chief Administrative Officer per Kitsap County Resolution No. 169-2013.
(Ord. 604 (2021) § 1, 2021)
At the board’s first regular meeting each month, the county administrator[1] shall submit an information report (no action required) of all contracts and amendments approved by the chair of the board, county administrator,[2] and department directors during the preceding month. For each contract and amendment, the report must include:
A. 
The identity of the contractor;
B. 
A description of the scope of work;
C. 
The amount of the contract or amendment;
D. 
The date the contract or amendment was subscribed;
E. 
The individual who subscribed the contract; and
F. 
For contract amendments,
1. 
The date the original contract and any subsequent amendments were approved; and
2. 
The amount of the original contract and any subsequent amendments.
(Ord. 604 (2021) § 1, 2021)
[1]
Code reviser’s note: Reference to the County administrator also means the Chief Administrative Officer per Kitsap County Resolution No. 169-2013.
[2]
Code reviser’s note: Reference to the County administrator also means the Chief Administrative Officer per Kitsap County Resolution No. 169-2013.
The auditor shall retain all contracts and amendments received pursuant to Section 3.56.120 in accordance with state records retention laws. The auditor shall not make or authorize any payment upon a contract or amendment unless the auditor has received the original of such contract or amendment and expenditures under the contract or amendment do not exceed budget appropriations.
(Ord. 604 (2021) § 1, 2021)
An auditor may, from time to time, examine contracts, amendments and documents produced pursuant to this chapter to ascertain if such in fact comply with this chapter and other laws, rules, regulations, ordinances or statutes concerning procurement.
(Ord. 604 (2021) § 1, 2021)
When a contract administrator or department director approves payment, in whole or in part, of a contract obligation, such approval must indicate that the payment is due under the contract and that the contractor, unless otherwise noted, is in compliance with the material provisions of the contract.
(Ord. 604 (2021) § 1, 2021)
The procurement of supplies, materials, services, equipment, or public works must not be subdivided to avoid the requirements of this chapter. Simultaneous procurement of supplies, materials, services, equipment, or public works which are unrelated or otherwise not constituent parts of a contract do not constitute “subdivisions” for purposes of this section.
(Ord. 604 (2021) § 1, 2021)
Except where otherwise authorized or required by law, no contract or amendment may obligate expenditures or incur liabilities beyond the annual budget year unless the contract or amendment expressly authorizes the county to terminate the contract for convenience or in the event funding for the contract is terminated, withdrawn, limited, or reduced.
(Ord. 604 (2021) § 1, 2021)