Chapter 3.62


3.62.010    Purpose.

3.62.020    Mayor’s authority to execute contracts.

3.62.030    Contracts in declared emergency.

3.62.990    Severability.

3.62.010 Purpose.

This policy is necessary to ensure that the citizens of Prosser and the city of Prosser are obtaining the best work or supplies possible at the most reasonable price. This policy is aimed at preventing fraud, favoritism, or collusion and to create a fair forum for bidders. (Ord. 2893 § 2, 2014).

3.62.020 Mayor’s authority to execute contracts.

A.    The mayor, or his designee, is authorized to execute contracts, on approved forms, for services or equipment that are budgeted and do not exceed twenty-five thousand dollars including sales taxes, shipping, and other related costs.

B.    The mayor, or his designee, is authorized to administratively authorize budgeted expenditures which do not exceed fifty thousand dollars.

C.    The mayor, or his designee, is authorized to create administrative policies necessary to ensure compliance with state and federal purchasing requirements.

D.    Council shall approve form contracts for administration to use in accordance with the terms of this section by resolution.

E.    The mayor may sign contract forms from vendors including, but not limited to, copier maintenance contracts; provided, that the cost with any one vendor does not exceed the limits provided for in subsection A of this section in any budget year. (Ord. 2893 § 3, 2014).

3.62.030 Contracts in declared emergency.

Pursuant to the authority contained in Chapter 39.04 RCW the mayor is designated by the city council to declare an emergency situation exists, waive the competitive bidding requirements, and award all necessary contracts on behalf of the city of Prosser, Washington, to address the emergency situation, regardless of the value of the project. If a contract is awarded without competitive bidding due to an emergency, written findings of the existence of the emergency must be made by the mayor and duly entered of record no later than two weeks following the award of the contract. The mayor shall also post the contract and his written findings on the city’s website within two weeks from the date he declared the emergency. If the city’s website is down due to the emergency, then the mayor shall take reasonable steps to notify the public of the award of the contract and the substance of his findings in accordance with the state law.

For purposes of this section “emergency” means unforeseen circumstances beyond the control of the municipality that either: (A) present a real, immediate threat to the proper performance of essential functions; or (B) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

In the absence of the mayor, the mayor pro tem may declare an emergency and execute contracts, and in the absence of the mayor pro tem, the city administrator may declare an emergency and execute contracts.

The authority to declare emergencies in this chapter is in addition to and not in limitation of the authority granted in Chapter 9.10 to declare civil emergencies. (Ord. 2893 § 4, 2014).

3.62.990 Severability.

If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. (Ord. 2893 § 5, 2014).