AN ACT Relating to the acquisition and disposal of county property; amending RCW 36.16.140, 36.34.020, 36.34.050, 36.34.080, 36.34.090, 36.34.100, 36.81.130, 36.82.020, 36.82.130 and 36.82.160; reenacting and amending RCW 36.32.250; and repealing RCW 36.82.030 and 36.82.150.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 6, chapter 23, Laws of 1965 ex. sess. and RCW 36.16.140 are each amended to read as follows:

Public auction sales of property conducted by or for the county or an officer thereof shall be held at such places ((~~on county property as the board of county commissioners~~)) as the county legislative authority may direct.

Sec. 2. Section 36.32.250, chapter 4, Laws of 1963 as last amended by section 9, chapter 169, Laws of 1985 and by section 1, chapter 369, Laws of 1985 and RCW 36.32.250 are each reenacted and amended to read as follows:

No contract, lease, or purchase may be entered into by the county legislative authority or by any elected or appointed officer of such county until after bids have been submitted to the county upon specifications therefor. Such specifications shall be in writing and shall be filed with the clerk of the county legislative authority for public inspection, and an advertisement thereof stating the time and place where bids will be opened, the time after which bids will not be received, the character of the work to be done, or material, equipment, or service to be purchased, and that specifications therefor may be seen at the office of the clerk of the county legislative authority, shall be published in the county official newspaper: PROVIDED, That advertisements for public works contracts for construction, alteration, repair, or improvement of public facilities shall be additionally published in a legal newspaper of general circulation in or as near as possible to that part of the county in which such work is to be done: AND PROVIDED FURTHER, That if the county official newspaper is a newspaper of general circulation covering at least forty percent of the residences in that part of the county in which such public works are to be done publication of an advertisement of the applicable specifications in the county official newspaper only shall be sufficient. Such advertisements shall be published at least once in each week for two consecutive weeks prior to the last date upon which bids will be received and as many additional publications as shall be determined by the county legislative authority. The bids shall be in writing, shall be filed with the clerk, shall be opened and read in public at the time and place named therefor in said advertisements, and after being opened, shall be filed for public inspection. No bid may be considered for public work unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five percent of the amount of the bid proposed. The contract for the public work, lease, or purchase shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles or equipment to be purchased or leased. Any or all bids may be rejected for good cause. The county legislative authority shall require from the successful bidder for such public work a contractor's bond in the amount and with the conditions imposed by law. If the bidder to whom the contract is awarded fails to enter into the contract and furnish the contractor's bond as required within ten days after notice of the award, exclusive of the day of notice, the amount of the bid deposit shall be forfeited to the county and the contract awarded to the next lowest and best bidder. The bid deposit of all unsuccessful bidders shall be returned after the contract is awarded and the required contractor's bond given by the successful bidder is accepted by the county legislative authority. In the letting of any contract, lease, or purchase involving less than ((~~three thousand five hundred~~)) ten thousand dollars, advertisement and competitive bidding may be dispensed with on order of the county legislative authority. Notice of intention to let contracts or to enter into lease agreements involving amounts exceeding one thousand dollars but less than ((~~three thousand five hundred~~)) ten thousand dollars, shall be posted by the county legislative authority on a bulletin board in its office not less than three days prior to making such lease or contract. For advertisement and competitive bidding to be dispensed with as to purchases between one thousand and ((~~three thousand five hundred~~)) ten thousand dollars, the county legislative authority must authorize by resolution a county procedure for securing telephone or written quotations, or both, from enough vendors to assure establishment of a competitive price and for awarding such contracts for purchase of materials, equipment, or services to the lowest responsible bidder. The procedure shall include the annual establishment of an array of general categories in which such contracts, leases, or purchases are anticipated. A roster shall be developed for each category, consisting of all potential bidders who have requested to be included on the roster. The county shall invite proposals from vendors listed on the appropriate roster for purchases between one thousand and ten thousand dollars. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry. Wherever possible, supplies shall be purchased in quantities for a period of at least three months, and not to exceed one year. Supplies generally used throughout the various departments shall be standardized insofar as possible, and may be purchased and stored for general use by all of the various departments which shall be charged for the supplies when withdrawn from the purchasing department.

This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.

Sec. 3. Section 36.34.020, chapter 4, Laws of 1963 as last amended by section 45, chapter 469, Laws of 1985 and RCW 36.34.020 are each amended to read as follows:

Whenever the county legislative authority desires to dispose of any county property except:

(1) When selling to a governmental agency;

(2) When personal property to be disposed of is to be traded in upon the purchase of a like article;

(3) When the value of the property to be sold is less than ((~~five~~)) fifteen hundred dollars;

(4) When the county legislative authority by a resolution setting forth the facts has declared an emergency to exist; it shall publish notice of its intention so to do once each week during two successive weeks in a legal newspaper of general circulation in the county.

Sec. 4. Section 36.34.050, chapter 4, Laws of 1963 and RCW 36.34.050 are each amended to read as follows:

Within three days after the hearing upon a proposal to dispose of county property, the ((~~board of county commissioners~~)) county legislative authority shall make its findings and determination thereon and cause them to be spread upon its minutes and made a matter of record. The county legislative authority may set a minimum sale price on any property which is proposed for sale.

Sec. 5. Section 36.34.080, chapter 4, Laws of 1963 as amended by section 1, chapter 23, Laws of 1965 ex. sess. and RCW 36.34.080 are each amended to read as follows:

All sales of county property ordered after a public hearing upon the proposal to dispose thereof must be ((~~made by the county treasurer at such place on county property as the board of county commissioners may direct to the highest and best bidder at public auction~~)) supervised by the county treasurer and may be sold at a county or other government agency's public auction, at a privately operated consignment auction which is open to the public, or by sealed bid to the highest and best bidder over minimum sale price as directed by the county legislative authority.

Sec. 6. Section 36.34.090, chapter 4, Laws of 1963 as amended by section 46, chapter 469, Laws of 1985 and RCW 36.34.090 are each amended to read as follows:

Whenever county property is to be sold at public auction, consignment auction, or sealed bid, the county auditor shall publish notice thereof once during each of two successive calendar weeks in a newspaper of general circulation in the county. Notice thereof must also be posted in a conspicuous place in the courthouse. The posting and date of first publication must be at least ten days before the day fixed for the sale.

Sec. 7. Section 36.34.100, chapter 4, Laws of 1963 and RCW 36.34.100 are each amended to read as follows:

The notice of sale of county property by auction sale must particularly describe the property to be sold and designate the day and hour and the ((~~place of sale. If real property is to be sold on terms, the terms must be stated in the notice~~)) location of the auction sale. The notice of sale of county property by sealed bid must describe the property to be sold, designate the date and time after which the bids will not be received, the location to turn in the sealed bid, and the date, time, and location of the public meeting of the county legislative authority when the bids will be opened and read in public.

Sec. 8. Section 36.81.130, chapter 4, Laws of 1963 as amended by section 4, chapter 21, Laws of 1975 1st ex. sess. and RCW 36.81.130 are each amended to read as follows:

The laying out, construction, and maintenance of all county roads shall hereafter be in accordance with the following procedure:

On or before the first Monday in ((~~July~~)) October of each year each county road engineer shall file with the county legislative authority a recommended plan for the laying out, construction, maintenance, and special maintenance of county roads for the ensuing fiscal year. Such recommended plan need not be limited to but shall include the following items: Recommended projects, including capital expenditures for ferries, docks, and related facilities, and their priority; the estimated cost of all work, including labor and materials for each project recommended; a statement as to whether such work is to be done by the county forces or by publicly advertised contract; a list of all recommended repairs to and purchases of road equipment, together with the estimated costs thereof. Amounts to be expended for maintenance and special maintenance shall be recommended, but details of these proposed expenditures shall not be made. The recommended plan shall conform as nearly as practicable to the county's long range road program.

((~~Within two weeks after the~~)) After filing of the road engineer's recommended plan, the county legislative authority shall consider the same. Revisions and changes may be made until a plan which is agreeable to a majority of the members of the county legislative authority has been adopted: PROVIDED, That such revisions shall conform as nearly as practicable to the county's long range road program. Any appropriations contained in the county road budget shall be void unless the county's road plan was adopted prior to such appropriation.

The final road plan for the fiscal year shall not thereafter be changed except by unanimous vote of the county legislative authority.

Sec. 9. Section 36.82.020, chapter 4, Laws of 1963 and RCW 36.82.020 are each amended to read as follows:

Any funds accruing to and to be deposited in the county road fund arising from any levy in any road district shall be expended for proper county road purposes ((entirely within the limits of the road district from which the same was or is collected: PROVIDED, That nothing in this section shall prevent the loan or rental of equipment by one road district to another road district in the county)).

Sec. 10. Section 36.82.130, chapter 4, Laws of 1963 as last amended by section 1, chapter 145, Laws of 1982 and RCW 36.82.130 are each amended to read as follows:

(1) No items of equipment may be purchased by any county and paid for from the county road fund or equipment rental and revolving fund where the sales price thereof is in excess of ((~~three thousand five hundred~~)) ten thousand dollars, except upon a call for bids published at least once a week for two consecutive weeks prior to the day of receiving and opening such bids. The call for bids shall specify the equipment to be purchased and the time and place when bids will be received and opened. Bids shall be publicly opened and read, and award shall be made to the lowest and best bidder: PROVIDED, That in the event of any evidence of collusion as between bidders, or in the event that it is considered that an insufficient number of bids have been received, or for other good cause, the board may reject all bids and readvertise for bids.

(2) In the letting of any purchase involving less than ten thousand dollars, advertisement and competitive bidding may be dispensed with on order of the county legislative authority. Notice of intention to let contracts for purchases involving amounts exceeding one thousand dollars but less than ten thousand dollars, shall be posted by the county legislative authority on a bulletin board in its office not less than three days prior to making such a purchase. For advertisement and competitive bidding to be dispensed with as to purchases between one thousand and ten thousand dollars, the county legislative authority must authorize by resolution a county procedure for securing telephone or written quotations, or both, from enough vendors to assure establishment of a competitive price and for awarding such purchases to the lowest responsible bidder. The procedure shall include the annual establishment of an array of general categories in which such purchases are anticipated. A roster shall be developed for each category, consisting of all potential bidders who have requested to be included on the roster. The county shall invite proposals from vendors listed on the appropriate roster for purchases between one thousand and ten thousand dollars. Immediately after the award is made, the bid quotations obtained shall be recorded and open to public inspection and shall be available by telephone inquiry.

Sec. 11. Section 36.82.160, chapter 4, Laws of 1963 as amended by section 14, chapter 182, Laws of 1969 ex. sess. and RCW 36.82.160 are each amended to read as follows:

Each ((~~board of county commissioners~~)) county legislative authority, with the assistance of the county road engineer, shall prepare and file with the county auditor on or before the second Monday in August in each year, detailed and itemized estimates of all expenditures required in the county for the ensuing fiscal year. In the preparation and adoption of the county road budget the ((~~board~~)) legislative authority shall determine and budget ((~~the respective percentages of the~~)) sums to become available for the following county road purposes: (1) Administration; (2) bond and warrant retirement; (3) maintenance; (4) construction; (5) operation of equipment rental and revolving fund; and (6) such other items relating to the county road budget as may be required by the county road administration board; and the respective amounts as adopted for these several items in the final budget for the ensuing calendar year shall not be altered or exceeded except as by law provided.

NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:

(1) Section 36.82.030, chapter 4, Laws of 1963 and RCW 36.82.030; and

(2) Section 36.82.150, chapter 4, Laws of 1963, section 35, chapter 7, Laws of 1984 and RCW 36.82.150.