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STANDARD PROCUREMENT POLICY& FEDERAL EMERGENCY CONTRACTING <br /> 9.6.4 DECLARATION OF EMERGENCY BY DEPARTMENT DIRECTOR OF DESIGNEE <br /> A. If an emergency exists and time does not permit seeking a City Council resolution under <br /> 9.6.2 above or a Mayoral Declaration under 9.6.3 above, the Department Director or <br /> designee may declare an emergency situation to exist, waive competitive requirements, and <br /> award contracts on behalf of the City to address the emergency situation. <br /> B. As soon as possible after the declaration of emergency, department director will submit the <br /> Emergency Ratification Form to Administration, reciting the facts that constituted the <br /> emergency, enumerating the purchases and their costs, and requesting that the waiver of <br /> competitive bid requirements be ratified. <br /> C. If a contract is awarded under this section 9.6.4 without competitive bidding due to an <br /> emergency, a written finding of the existence of an emergency must be made by the <br /> department director, and that finding must be posted on the City's website and reported to <br /> City Council no later than two weeks following the award of the contract. <br /> 9.7 PROFESSIONAL, PERSONAL, OR ARCHITECTURAL& ENGINEERING SERVICE <br /> AGREEMENTS—CONTRACTS REQUIRING COMPETITIVE BIDDING OR PROCUREMENT <br /> OF SERVICES—VIOLATIONS BY MUNICIPAL OFFICER— PENALITIES <br /> Officers and employees should be aware of possible personal penalties,termination, and <br /> financial liability for intentional and willful violation of competitive bidding laws. RCW 39.30.020 <br /> provides: <br /> In addition to any other remedies or penalties contained in any law, municipal charter, <br /> ordinance, resolution or other enactment, any municipal officer by or through whom or under <br /> whose supervision, in whole or in part, any contract is made in willful and intentional violation <br /> of any law, municipal charter, ordinance, resolution or other enactment requiring competitive <br /> bidding or procurement procedures for consulting, architectural, engineering, or other services, <br /> upon such contract shall be held liable to a civil penalty of not less than three hundred dollars <br /> and may be held liable,jointly and severally, with any other such municipal officer, for all <br /> consequential damages to the municipal corporation. If, as a result of a criminal action,the <br /> violation is found to have been intentional,the municipal officer shall immediately forfeit his or <br /> her office. For purposes of this section, "municipal officer" means an "officer" or"municipal <br /> officer" as those terms are defined in RCW 42.23.020(2). <br /> Page 43 of 57 <br />