HomeMy WebLinkAboutORDINANCE 2012-2003Suggested by: Administration
CITY OF KENAI
ORDINANCE N0.2012-200.3
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 7.15.050 TO BETTER DESCRIBE AND CLARIFY THE MEANING OF
"CONTRACTUAL SERVICES OF A PROFESSIONAL NATURE."
WHEREAS, KMC 7.15 covers the purchase of supplies, material, equipment and
contractual services by the City of Kenai; and,
WHEREAS, the Kenai Municipal Code provides for purchasing by competitive bidding
unless exempted by KMC 7.15.050; and,
WHEREAS, KMC 7.15.050(5) provides for an exemption from competitive bidding for
professional services by exempting "contractual services of a professional nature, such
as engineering, architectural, and medical services"; and,
WHEREAS, the City of Kenai has traditionally considered facilities management to be
contractual services of a professional nature; and,
WHEREAS, under that interpretation the City of Kenai entered into facilities
management contracts for such facilities as the fire training school and the visitors
and cultural center; and,
WHEREAS, consistent with that interpretation, the City of Kenai entered into a
professional services contract with the Boys and Girls Club of the Kenai Peninsula for
facilities management of the Kenai Recreation Center; and,
WHEREAS, the superior court in the case of Friends of the Recreation Center, Inc. and
Mark Necessary, Anita Necessary and Clifford Massie v. City of Kenai, 3KN-03-503 CI,
ruled that facilities management was not professional services under KMC
7.17.050(5); and,
WHEREAS, the City of Kenai disagrees with the superior court's interpretation of KMC
7.15.050(5) but recognizes that due to the length of the appellate process and the need
to utilize professional services in the interim that KMC 7.15.050(5) should be amended
to clearly explain what is considered professional services; and,
WHEREAS, the amendment to KMC 7.15.050(5) will add a definition of "professional
services"; and,
WHEREAS, the amendment will also add the examples of accountants, auditors,
appraisers, facilities management, land surveyors, financial consultants, attorneys,
planning consultants, economists, computer programmers and system analysts,
insurance consultants and risk analysts, insurance providers and other specialized
consultants that the City considers professional services; and,
Ordinance No. 2012-2003
Page 2 of 2
WHEREAS, after this ordinance becomes effective, the City intends to advertise a
request for a qualifications for a professional services contract for facilities
management of the Kenai Recreation Center.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 7.15.050 is amended as follows:
fi.15.050 Purchases, when competitive bidding not required.
The following may be purchased without giving an opportunity for
competitive bidding:
(1) Supplies, materials, equipment, or contractual services whose cost
does not exceed ~ 10,000 in a single transaction;
(2) Supplies, materials, equipment, or contractual services which can be
furnished only by a single dealer or which has a uniform price wherever
bought;
(3) Supplies, materials, equipment, or contractual services purchased
from another unit of government at a price deemed below that obtainable
from private dealers, including war surplus;
(4) Contractual services purchased from a public utility corporation at a
price or rate determined by State or other government authority.
(5) (CONTRACTUAL SERVICES OF A PROFESSIONAL NATURE, SUCH
AS ENGINEERING, ARCHITECTURAL, AND MEDICAL SERVICES;]
Professional services. Professional services means those advisory,
consulting, architectural, management, en ineering, research or
development services that involve the exercise of discretion and
independent iud ment together with an advanced or specialized
knowled eg ,expertise or training gained by formal studies or experience.
Examples of professional services include, but are not limited to,
accountants, architects, appraisers, engineers, facilities mana ement,
land surveyors, auditors, medical services, fnancial consultants,
attorneys, planning consultants, economists, computer programmers
and system analysts, insurance consultants and risk analysts, insurance
providers and other specialized consultants.
(6) Supplies, materials, equipment or contractual services purchasable
under the contract of another governmental agency in which contract the
City is authorized to participate.
PASSED BY THE COUNCIL OF THE CITY OF K ,ALA this th' d day of
September, 2003. ~~, /~ ~, ~
OH J. WILLIAMS, MAYOR
A EST:
arol L. Frea ,City Clerk
Introduced: August 20, 2003
Adopted: September 3, 2003
Effective: October 3, 2003