S-0319.3 _______________________________________________
SENATE BILL 5524
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Senators Haugen, Horn, Jacobsen, Hale and Winsley
Read first time 01/29/97. Referred to Committee on Government Operations.
AN ACT Relating to competitive bidding procedures for emergency public works; and adding new sections to chapter 39.04 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 39.04 RCW to read as follows:
(1) This section provides uniform exemptions to competitive bidding procedures utilized by municipalities when awarding contracts for public works. The statutes governing a specific type of municipality may also include other exemptions from competitive bidding procedures. The purpose of this section is to supplement and not to limit the current powers, requirements, or practices of any municipality to provide exemptions from competitive bidding procedures.
(2) Competitive bidding procedures for public works may be waived by the municipality for public works contracts in the event of an emergency under section 2 of this act.
NEW SECTION. Sec. 2. A new section is added to chapter 39.04 RCW to read as follows:
(1) The governing body of the municipality may designate by resolution a person or persons who shall declare that an emergency situation exists for the purpose of waiving competitive bidding requirements and awarding all necessary contracts for public works on behalf of the municipality to address the emergency situation.
(2) A written finding of the existence of an emergency must be made by the governing body or its designee and duly entered of record.
(3) For emergency purchases of public works of less than fifty thousand dollars, the governing body or its designee shall contact at least three contractors to the extent practicable under the circumstances and provide them with a scope of work. The governing body or its designee shall award the contract to the contractor who best meets the needs of the municipality as outlined in the scope of work. The designee, if designated, shall make a quarterly report to the governing body setting forth for each emergency contract, the name of the contractor, a summary of the services performed, the amount of the emergency contract, and a summary of the written finding made pursuant to subsection (2) of this section.
(4) In addition to the requirements of subsection (3) of this section, for emergency contracts that have a value of fifty thousand dollars or more, the designee shall, within three working days of the declaration of the emergency, report to the governing body the emergency contracts and estimate the time during which emergency contracting procedures will be used to provide relief from the emergency.
(5) Beginning on July 1, 1999, and on July 1st of each succeeding odd-numbered year, the dollar limits specified in this section shall be adjusted as follows: The office of financial management shall calculate such limits by adjusting the previous biennium's limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars.
(6) An emergency is defined for purposes of this chapter as a situation in which the public interest or property of the municipality would suffer material injury or damage by delay.
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