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Tucson, AZ -- On August 7, 2017, Judge Catherine M. Woods issued a ruling in Defendants' Motion for Partial Summary Judgment regarding Counts 3 and 4 of the Complaint . The order: MOTION IS DENIED.
The full Minute Entry can be accessed here.
Excerpts from the Court's Minute Entry state:
Defendants failed to establish that the claims raised in Counts 3 & 4 of the Complaint are moot.
1. By their own concessions, the defendants acknowledge that the work to be performed by Swaim Associates, Ltd. and Barker Morrissey Contracting, Inc. has not been completed, nor have the service providers been fully paid for the services the county engaged them to perform.
2. Even if the county had proven that the issues were moot, the Court finds that the issues in this matter present issues of great public importance and/or issues that are capable of repetition yet evading review (emphasis added).
3. The issues raised ... are whether there existed an emergency or impracticability and ... whether [those] requirements of the Pima County Procurement Code allow the Pima County Administrator and the Board of Supervisors to "manufacture emergency or impracticability by agreeing to a compressed time frame, design, or construction".
4. The contracts at issue raise a legitimate factual question of whether the county truly believed the emergency exception ... truly applied or whether invoking the words "public interest and impractical" were a mere pretext for avoiding a standard competitive qualifications-based solicitation process .... Instead of citing public interest or impracticality, the county's own language states that a competitive procurement for this project would be contrary to the county's interest.
5. There are questions of fact whether the county's alleged need for a compressed time frame would merit invoking the emergency procurement provisions of A.R.S. sec. 34-606 or the associated Pima County Procurement Code.
IT IS ORDERED that the motion is DENIED.
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