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HomeMy WebLinkAboutResolution No. 2018-05tlte ei!y"(, KENAI, AlASKA ~ Sponsored by: Adm inistration C ITY OF KE NAI RESOLUTION NO. 20 18-05 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, ADOPTING A POLICY TO PROVIDE PROCEDURES FOR INCLUDING CONTINGENCY FUNDING IN CONTRACTS. WHEREAS , inclusion of an appropriate and Council approved contingency amount in contracts will provide for efficie nt management while maintaining proper controls over City contracts ; and, WHEREAS, it is appropriate to include a Council approved contingency in contracts where identified uncertainties justify the inclusion . NOW , THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA: Section 1. That Council Policy No. 2018-02: Procedures for Including Contingency Funding in Contracts, attached, is approved . Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of February, 2018. BRIAN GABRIEL SR., MAYOR ATTEST: POLICY NO. 2018-02: Procedures for Including Contingency Funding in Contracts. Purpose Inclusion of an appropriate Council approved contingency amount in contracts will provide for efficient management whi le maintaining proper controls over City contracts . Scope Contracts where identified uncertainties justify the inclusion of an appropriate and counc il approved contingency amount. Policy 1. Including Contingency in Bids: a. The administration will identify uncertainties in projects and include a bid item to cover potential contingencies needed to complete the project. b. This is a contingent sum in the bid schedule that if changed wil l not affect the order of bidders from low to high . 2. Council Award of Contracts: a. The administration will identify possible uncertainties and the amount of recommended contingency in the memo accompanying the Council action. b. The Council may approve or change the amount of recommended contingency prior to approving the award of a contract. 3. Administration's Management of Awarded Contracts: a. The administration will issue a Purchase Order and execute a contract for the amount awarded by Council. b. The administration may not authorize expenditures in excess of th e contract amount wi thout additional approval from the Council. c. If the administration seeks additional funding to comple te the project, a rep ort of how the original contingency was expended wi ll be provided , and j ustificatio n for the additional funding requested. d . At the end of the project the admin is tration wi ll pro vi de a report of the amount of and how contingency funds were expended . Effecti ve Date : ~~~~~~~~~~- Appro ved by Resolution 2018-05 BRIAN GABRIEL SR , MAYOR ATTEST: Jamie Heinz , City Clerk 't;;tlti!e t<J/t/t, a Paif~ Ct~ t<J/t/t, a rat~ " 210 Fida Igo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: THROUGH : FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Paul Ostrander, City Manager ?·c..?. Sean Wedemeyer, Public Works Director/Capital Projects Manager SA IA/ January 26, 2018 Resolution 2018-05 -Adopting a Policy to Provide for Including Contingency in Contracts The purpose of this memo is to recommend adopting the resolution approving the policy for including contingency in contracts. Currently, prior to the issuance of purchase orders for the contract amount of goods or services to be purchased in excess of $15,000 , Administration includes the requested purchase orders on a list to be authorized by City Council. In the case of large purchases or purchases resulting from a request for proposal, a resolution is prepared for adoption. For purchase orders related to change orders , the procedure creates difficulties in the management of contracts . Any monetary changes to a contract require a change order, which must be approved by Council. In most cases, the City Manager has already authorized the change order, and the work has either been completed or is in the process by the time the Council considers the change order for approval. This process puts the Council in a position of approving a purchase order increase after-the-fact and effectively circumvents the intent of this internal control. Inclusion of an appropriate contingency amount in contracts will provide for efficient management while maintaining proper controls over City contracts . This policy will allow for the Council to approve or change the amount of recommended contingency prior to approval of the contract award. Thank you for your consideration.