2007 Regular Session
To: County Affairs; Municipalities
By: Representative Cummings, Moss, Sullivan, Scott
AN ACT TO AUTHORIZE BOARDS OF SUPERVISORS AND GOVERNING AUTHORITIES OF MUNICIPALITIES TO CONTRACT WITH ANY PERSON, FIRM, BUSINESS, CORPORATION OR OTHER LEGAL ENTITY FOR THE PURPOSE OF PROVIDING STORM OR DISASTER DEBRIS REMOVAL SERVICES IN THE EVENT OF A DECLARED DISASTER; TO PROVIDE THAT SUCH CONTRACTS MAY BE ENTERED INTO BEFORE THE OCCURRENCE OF A DISASTER AND BEFORE THE DISASTER IS OFFICIALLY DECLARED; TO LIMIT THE TERMS OF SUCH CONTRACTS; TO REQUIRE BOARDS OF SUPERVISORS AND GOVERNING AUTHORITIES TO FOLLOW COMPETITIVE BID PROCEDURES IN SELECTING CONTRACTORS; TO PROVIDE THAT BOARDS OF SUPERVISORS AND GOVERNING AUTHORITIES SHALL NOT BE LIABLE FOR SERVICES RENDERED BY A CONTRACTOR THAT ARE NOT ELIGIBLE FOR REIMBURSEMENT FROM FEDERAL DISASTER ASSISTANCE FUNDS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The board of supervisors of any county or the governing authorities of any municipality, in the discretion of the board or governing authorities, may contract with any person, firm, business, corporation or other legal entity, on such terms and conditions as the parties may agree, for the purpose of providing storm or disaster debris removal services in the event of a declared disaster. Such contract may be entered into before the occurrence of a disaster and before the disaster is officially declared; however, the term of such contract may not exceed five (5) years, or one (1) year beyond the end of the term of office of the members of the board of supervisors or governing authorities of the municipality approving the contract, whichever period of time is the lesser. In selecting a contractor to perform such services, boards of supervisors and governing authorities shall follow procedures for competitive selection of contractors as may be necessary to satisfy the requirements of state and federal emergency management agencies. A contract authorized under this section shall include provisions as may be necessary to ensure that the board of supervisors or the governing authorities will not be liable or obligated for services rendered by the contractor that are not eligible for reimbursement from federal disaster assistance funds.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.