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Multiple Agency Fiscal Note - 2469 HB, Small Works Rosters (2020)

Summary

A multiple agency fiscal note summary, dated Final 1/21/2020, with individual fiscal notes for 2469 HB, titled "Small works rosters." The Office of Attorney General note says its Government Compliance & Enforcement division would bill the Office of Minority and Women's Business Enterprises for legal services, at a cost of $150,000 in FY 2021. The Office of Minority and Women's Business Enterprises note lists operating expenditures of $893,539 in FY 2021 and describes Section 4 as making penalties for violating RCW 39.19.080 mandatory. A local government fiscal note says the bill would result in indeterminate cost savings and would have no revenue impacts for local government.

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“Multiple Agency Fiscal Note - 2469 HB, Small Works Rosters (2020).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-01-24-a26338-d209827-2469-fn-a78d901999/, SHA-256 86497dcfe52beca8902f6f22ef920c35271469d966781d8bc1219b49d4ffa5d4.

Full text

                               Multiple Agency Fiscal Note Summary
 Bill Number: 2469 HB                               Title: Small works rosters.

Estimated Cash Receipts
Agency Name                                       2019-21                                   2021-23                                  2023-25
                                          GF- State       Total                      GF- State      Total                     GF- State      Total
Office of Attorney General                               0               150,000                  0           298,000                    0        298,000
Office of Minority and Women's                           0               105,000                  0           189,000                    0        168,000
Business Enterprises

                               Total $                   0               255,000                  0           487,000                    0        466,000


Local Gov. Total

Estimated Operating Expenditures
Agency Name                           2019-21                                         2021-23                                    2023-25
                           FTEs     GF-State            Total            FTEs      GF-State           Total        FTEs        GF-State       Total
Office of Attorney            .5               0              150,000      1.1               0          298,000         1.1              0      298,000
General
Office of Minority and       2.0          893,539             893,539      4.0        1,436,782        1,436,782        4.0       1,436,782    1,436,782
Women's Business
Enterprises
Department of Enterprise      .0               0                    0       .0               0                0          .0              0            0
Services

                 Total $     2.5          893,539            1,043,539     5.1        1,436,782        1,734,782        5.1       1,436,782    1,734,782


Local Gov. Courts
Loc School dist-SPI
Local Gov. Other           Non-zero but indeterminate cost and/or savings. Please see discussion.

Local Gov. Total

Estimated Capital Budget Expenditures
Agency Name                            2019-21                                        2021-23                                    2023-25
                           FTEs      Bonds              Total            FTEs       Bonds             Total        FTEs         Bonds         Total
Office of Attorney            .0               0                    0       .0               0                0          .0              0            0
General
Office of Minority and        .0               0                    0       .0               0                0          .0              0            0
Women's Business
Enterprises
Department of Enterprise      .0               0                    0       .0               0                0          .0              0            0
Services

                 Total $     0.0               0                    0      0.0               0                0         0.0              0            0



Estimated Capital Budget Breakout




      FNPID: 58527

FNS029 Multi Agency rollup
Prepared by:   Ramona Nabors, OFM   Phone:           Date Published:
                                    (360) 902-0547   Final 1/21/2020




    FNPID: 58527

FNS029 Multi Agency rollup
                           Individual State Agency Fiscal Note

Bill Number:      2469 HB                Title:     Small works rosters.                                     Agency:      100-Office of Attorney
                                                                                                                          General

Part I: Estimates
      No Fiscal Impact

Estimated Cash Receipts to:
 ACCOUNT                                                    FY 2020             FY 2021             2019-21              2021-23            2023-25
 Legal Services Revolving Account-State                                                150,000             150,000             298,000           298,000
     405-1
                                    Total $                                            150,000             150,000             298,000           298,000


Estimated Operating Expenditures from:
                                                       FY 2020               FY 2021              2019-21              2021-23              2023-25
 FTE Staff Years                                                  0.0                   1.1              0.5                      1.1                 1.1
 Account
 Legal Services Revolving                                           0              150,000             150,000               298,000             298,000
 Account-State        405-1
                                       Total $                      0              150,000             150,000               298,000             298,000

Estimated Capital Budget Impact:

   NONE




   The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
   and alternate ranges (if appropriate), are explained in Part II.

  Check applicable boxes and follow corresponding instructions:
      If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
  X
      form Parts I-V.
      If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

      Capital budget impact, complete Part IV.

      Requires new rule making, complete Part V.


  Legislative Contact:      Kyle Raymond                                                      Phone: 360-786-7190           Date: 01/13/2020
  Agency Preparation:       Michael Shinn                                                     Phone: 360-759-2122           Date: 01/16/2020
  Agency Approval:          Edd Giger                                                         Phone: 360-586-2104           Date: 01/16/2020
  OFM Review:               Gwen Stamey                                                       Phone: (360) 902-9810         Date: 01/19/2020

Form FN (Rev 1/00) 154,701.00                                                                                                           Request # 30-1
FNS063 Individual State Agency Fiscal Note                              1                                                                Bill # 2469 HB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Briefly describe by section number, the significant provisions of the bill, and any related workload or policy assumptions, that have revenue or
expenditure impact on the responding agency.

 Section 1 amends RCW 39.19.020 to add a definition of “debar.”

 Section 2 amends RCW 39.19.060 to require the Office of Minority and Women’s Business Enterprises
 (OMWBE) to notify all state agencies and educational institutions in the lowest quintile of using minority and
 women-owned businesses as percentage of contractors or of dollar-value of awarded contracts, and to meet with
 the agencies to review plans for increasing participation.

 Section 3 amends RCW 39.19.080 to remove paragraph (2) making persons violating the chapter to penalties
 under RCW 39.19.090. That provision is replaced by additions in Section 4.

 Section 4 amends RCW 39.19.090 to revise language regarding penalties available to the state. Imposition of
 penalties for violating RCW 39.19.080 are made mandatory, and options for penalties specified. Disqualification
 from participating in state contracts is made a mandatory penalty rather than permissive. Rulemaking for
 imposing penalties is required. An audit and review committee unit is created for detecting and investigating
 fraud under the act. The unit is provided with authority to take evidence, subpoena witnesses and require records
 be produced. A minimum of three percent of businesses awarded contracts under the chapter must be reviewed
 by the unit annually.

 Section 5 is a new section. The section allows the director to apply for a superior court order approving and
 authorizing subpoenas in advance of issuance. Notice to investigated persons is not required prior to subpoena
 issuance.
II. B - Cash receipts Impact
Briefly describe and quantify the cash receipts impact of the legislation on the responding agency, identifying the cash receipts provisions by section
number and when appropriate the detail of the revenue sources. Briefly describe the factual basis of the assumptions and the method by which the
cash receipts impact is derived. Explain how workload assumptions translate into estimates. Distinguish between one time and ongoing functions.

 Cash receipts are assumed to equal the Legal Service Revolving Account (LSRA) cost estimates. These will be
 billed through the revolving account to the client agency.

 The client agency is OMWBE. The AGO will bill all clients for legal services rendered.

 These cash receipts represent the AGO’s authority to bill and are not a direct appropriation to the AGO. The
 direct appropriation is reflected in the client agencies’ fiscal note. Appropriation authority is necessary in the
 AGO budget.
II. C - Expenditures
Briefly describe the agency expenditures necessary to implement this legislation (or savings resulting from this legislation), identifying by section
number the provisions of the legislation that result in the expenditures (or savings). Briefly describe the factual basis of the assumptions and the
method by which the expenditure impact is derived. Explain how workload assumptions translate into cost estimates. Distinguish between one time
and ongoing functions.

 Assumptions for the AGO Government Compliance & Enforcement (GCE) division’s Legal Services for
 OMWBE:

 1. This bill is assumed effective 90 days after the end of the 2020 legislative session.

Small works rosters.                                                                                                   100-Office of Attorney General
Form FN (Rev 1/00) 154,701.00                                                                                                         Request # 30-1
FNS063 Individual State Agency Fiscal Note                              2                                                              Bill # 2469 HB
 2. The AGO will bill OMWBE for legal services based on the enactment of this bill.

 3. GCE provides both litigation support and legal advice to OMWBE.

 4. This bill would amend chapter 39.19 RCW to increase utilization of OMWBE-certified contractors by public
 agencies in the contracting process and provides new processes for debarment from bidding on public contracts
 and for monetary penalty assessments. Additionally it creates a new audit and review unit within OMWBE and
 provides the unit and Director with certain investigative and subpoena authority.

 5. Although this bill repeals two statutes that contain certain enforcement responsibilities for the AGO, this will
 not have any impact as the AGO has never acted under these statutes.

 6. OMWBE assumes this bill will result in up to 7 new enforcement cases each year, beginning in FY 2021.
 GCE concurs with this assumption. Additionally, GCE anticipates up to 1 new administrative appeal each year.

 7. The AGO assumes this new litigation generated by this bill will be document-intensive, and hearings would be
 scheduled for multiple days.

 8. Based on past experience with the services expended in representing OMWBE in similar types of enforcement
 cases, and assuming an average of 6 new cases each year, GCE assumes that each new case will utilize 180
 Assistant Attorney General (AAG) hours to litigate. Therefore, new litigation generated by this bill will utilize
 1,080 AAG hours (6 x 180) in FY 2021 and each year thereafter.

 9. The AGO assumes that the new investigative and subpoena authority granted to OMWBE under this bill will
 result in 10 hours of legal advice beginning in FY 2021 and each year thereafter. This bill will require OMWBE
 to engage in rulemaking. GCE assumes this rulemaking will be completed during FY 2021 and require 25 AAG
 hours of legal advice.

 10. Total workload impact:
    FY 2021: 0.62 AAG and 0.31 Legal Assistant (LA) at a cost of $150,000.
    FY 2022 and in each FY thereafter: 0.61 AAG and 0.31 LA at a cost of $149,000.


 Note: Agency administration support FTEs are included in the tables below, using a Management Analyst 5 as a
 representative classification.
Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title          Type          FY 2020           FY 2021       2019-21        2021-23          2023-25
 405-1      Legal Services     State                   0           150,000      150,000         298,000         298,000
            Revolving Account
                                 Total $               0           150,000      150,000          298,000          298,000




Small works rosters.                                                                       100-Office of Attorney General
Form FN (Rev 1/00) 154,701.00                                                                             Request # 30-1
FNS063 Individual State Agency Fiscal Note                 3                                               Bill # 2469 HB
 III. B - Expenditures by Object Or Purpose
                                                     FY 2020                FY 2021             2019-21                     2021-23               2023-25
  FTE Staff Years                                                                     1.1                    0.5                      1.1                    1.1
  A-Salaries and Wages                                                            97,000                  97,000                192,000               192,000
  B-Employee Benefits                                                             33,000                  33,000                 66,000                66,000
  E-Goods and Other Services                                                      18,000                  18,000                 36,000                36,000
  G-Travel                                                                         1,000                   1,000                  2,000                 2,000
  J-Capital Outlays                                                                1,000                   1,000                  2,000                 2,000
                                     Total $                      0              150,000                 150,000                298,000               298,000

 III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
          Part I and Part IIIA

  Job Classification                               Salary             FY 2020           FY 2021            2019-21             2021-23             2023-25
  Assistant Attorney General                            108,156                                   0.6                 0.3                   0.6              0.6
  Legal Assistant 3                                      54,108                                   0.3                 0.2                   0.3              0.3
  Management Analyst 5                                   88,644                                   0.2                 0.1                   0.2              0.2
                         Total FTEs                                                               1.1                 0.6                   1.1              1.1

III. D - Expenditures By Program (optional)
  Program                                                    FY 2020            FY 2021                 2019-21              2021-23              2023-25
  Government Compliance & Enforcement                                                 150,000               150,000              298,000              298,000
  Division (GCE)
                                   Total $                                            150,000               150,000              298,000              298,000

Part IV: Capital Budget Impact
 IV. A - Capital Budget Expenditures
      NONE

 IV. B - Expenditures by Object Or Purpose
        NONE

IV. C - Capital Budget Breakout
 Identify acquisition and construction costs not reflected elsewhere on the fiscal note and describe potential financing methods
       NONE

Part V: New Rule Making Required




Small works rosters.                                                                                                           100-Office of Attorney General
Form FN (Rev 1/00) 154,701.00                                                                                                                 Request # 30-1
FNS063 Individual State Agency Fiscal Note                              4                                                                      Bill # 2469 HB
                           Individual State Agency Fiscal Note

Bill Number:      2469 HB                Title:     Small works rosters.                                     Agency:      147-Office of Minority
                                                                                                                          and Women's Business
                                                                                                                          Enterprises

Part I: Estimates
      No Fiscal Impact

Estimated Cash Receipts to:
 ACCOUNT                                                    FY 2020             FY 2021             2019-21              2021-23            2023-25
 OMWBE Enterprises Account-State                                                       105,000             105,000             189,000           168,000
    453-1
                                          Total $                                      105,000             105,000             189,000           168,000


Estimated Operating Expenditures from:
                                                       FY 2020               FY 2021              2019-21              2021-23              2023-25
 FTE Staff Years                                                  0.0                   4.0              2.0                      4.0                 4.0
 Account
 General Fund-State            001-1                                0              893,539             893,539             1,436,782           1,436,782
                                       Total $                      0              893,539             893,539             1,436,782           1,436,782

Estimated Capital Budget Impact:

   NONE




   The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
   and alternate ranges (if appropriate), are explained in Part II.

  Check applicable boxes and follow corresponding instructions:
      If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
  X
      form Parts I-V.
      If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

      Capital budget impact, complete Part IV.

  X   Requires new rule making, complete Part V.


  Legislative Contact:      Kyle Raymond                                                      Phone: 360-786-7190           Date: 01/13/2020
  Agency Preparation:       Paul Bitar                                                        Phone: 360-407-8129           Date: 01/16/2020
  Agency Approval:          Paul Bitar                                                        Phone: 360-407-8129           Date: 01/16/2020
  OFM Review:               Ramona Nabors                                                     Phone: (360) 902-0547         Date: 01/21/2020

Form FN (Rev 1/00) 155,092.00                                                                                             Request # 147-2469HB-2
FNS063 Individual State Agency Fiscal Note                              1                                                           Bill # 2469 HB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Briefly describe by section number, the significant provisions of the bill, and any related workload or policy assumptions, that have revenue or
expenditure impact on the responding agency.

 This bill will increase the regulatory oversight and accountability by the Office of Minority and Women’s
 Business Enterprises (OMWBE).

 Section 4 (1) (a) states that if a person, firm, corporation, or business does not comply with a contract
 requirement the state may impose one or more penalties.

 Section 4 (1) (b) states if a person firm, corporation, or business commits any of the prohibited activities in RCW
 39.19.080, the state must impose one of the above mentioned sanctions. The fiscal note assumption is that four
 additional staff will be needed to satisfy these investigations and subsequent requirements.

 Section 4 (1) (c) requires that if a penalty is imposed and then an entity willfully repeats violations, exceeding a
 single violation, OMWBE must disqualify the contractor from further participation in state contracts for a period
 of three years. The monitoring and enforcing of these violation and sanctions will require the above mentioned
 additional staff.

 Section 4 (3) requires OMWBE to adopt, by rule, criteria for the imposition of penalties. This section allows the
 rule to incorporate the debarment process authorized for the Department of Enterprise Services in RCW
 39.26.200.

 Section 4 (4) (a) allows for OMWBE to establish the investigative unit for the purposes of detecting and
 investigating fraud and violations. Per this bill section, the office must employ qualified personnel for the unit.
 OMWBE has determined they should include two experienced investigators, one contract specialist, and one
 entry level attorney (for legal writing). OMWBE assumes that each investigator would review 3-4 investigations
 per year and that the agency would receive a total of between 6-7 per year based on historical data. The number
 of investigations would most likely increase over time due to the fact that OMWBE is seeing an increase in
 certifications.

 Section 4 (4) (b) and (c) authorize OMWBE to hold sensitive information, such as discoverable items and
 subpoenas, for use by its investigation unit. OMWBE would need to update its IT security to ensure that it meets
 the requirements to hold this data.

 Section 6 clarifies that the OMWBE account (managed by the State Treasurer) will receive the civil penalties
 imposed under RCW 39.19.090 and will deposit receipts to this account. This account is for expenditures for
 defraying all or part of the costs of the office in administering this chapter (bill).
II. B - Cash receipts Impact
Briefly describe and quantify the cash receipts impact of the legislation on the responding agency, identifying the cash receipts provisions by section
number and when appropriate the detail of the revenue sources. Briefly describe the factual basis of the assumptions and the method by which the
cash receipts impact is derived. Explain how workload assumptions translate into estimates. Distinguish between one time and ongoing functions.

 The fiscal note assumption is that a portion of the costs incurred by OMWBE will be reimbursed by the
 collection of fines from entities in violation. OMWBE assumes fines will first be assessed in FY 21. During FY
 21 and FY 22, OMWBE estimates approximately 15 violations per year and subsequent imposed fines of not
 more than $7,000 each for a total of $105,000 for each of the first two fiscal years. For FY 23 onward the

Small works rosters.                                                                       147-Office of Minority and Women's Business Enterpris
Form FN (Rev 1/00) 155,092.00                                                                                          Request # 147-2469HB-2
FNS063 Individual State Agency Fiscal Note                              2                                                        Bill # 2469 HB
 expectation is 12 violations per year for a total of $84,000 per year. The slight reduction is anticipated from
 removing violating entities from contractual participation.
II. C - Expenditures
Briefly describe the agency expenditures necessary to implement this legislation (or savings resulting from this legislation), identifying by section
number the provisions of the legislation that result in the expenditures (or savings). Briefly describe the factual basis of the assumptions and the
method by which the expenditure impact is derived. Explain how workload assumptions translate into cost estimates. Distinguish between one time
and ongoing functions.

 OBJECT A & B
 In reviewing HB 2469, the Office of Minority and Women’s Business Enterprises (OMWBE) estimates it will
 need 4.0 additional staff to satisfy HB 2469's purpose of increasing the regulatory oversight and accountability of
 OMWBE. Hiring for these 4.0 positions would begin July 1, 2020, with the recruitment 90 days prior. The total
 costs for staff (Objects A and B) in FY 21 are estimated at $412,070, and $412,070 for the following fiscal years.

 OBJECT C
 HB 2469 would require OMWBE to incur IT costs to update its server security to ensure it meets the
 requirements to hold sensitive information such as discoverable items and subpoenas. OMWBE estimates a
 one-time implementation cost of $150,000 in FY 21.

 OBJECT E
 In FY21, OMWBE estimates that it will incur an additional $73,431 in Goods and Service costs (Object E)
 related to the four new FTEs, and $71,511 each year thereafter.

 Additional costs include $20,000 per year in Office of Administrative Hearings (OAH), $150,000 in Attorney
 General (ATG) costs in FY 2021, and $149,000 in ATG costs each year thereafter. The anticipation is 6-7
 hearings per year - the cost estimate is based on 6-7 hearings estimated at about $3,000 per hearing. Due to the
 creation of the investigative unit, the number of hearings may increase in later fiscal years, but the potential
 increase in volume is unknown.

 Ongoing maintenance costs related to OMWBE's updated server security are estimated at $50,000 per year,
 starting in FY 21. This would be needed to ensure that the agency meets security requirements associated with
 holding discoverable items and subpoenas.

 OBJECT G
 Travel costs estimated at $15,810 per year, starting in FY 21.

 OBJECT J
 The addition of four new FTEs will necessitate the purchase of new computer equipment and furniture. This is
 estimated to be a one-time cost of $22,228 in FY21.

 *See attached document titled "Cost Estimate Detail 2469 HB" for additional information on costs described
 above.
Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title          Type                    FY 2020               FY 2021              2019-21              2021-23             2023-25
 001-1      General Fund       State                                0            893,539             893,539             1,436,782           1,436,782
                                 Total $                            0            893,539             893,539             1,436,782           1,436,782




Small works rosters.                                                                      147-Office of Minority and Women's Business Enterpris
Form FN (Rev 1/00) 155,092.00                                                                                         Request # 147-2469HB-2
FNS063 Individual State Agency Fiscal Note                              3                                                       Bill # 2469 HB
 III. B - Expenditures by Object Or Purpose
                                                      FY 2020                FY 2021           2019-21                    2021-23               2023-25
  FTE Staff Years                                                                      4.0                  2.0                     4.0                    4.0
  A-Salaries and Wages                                                           301,104                301,104               602,208               602,208
  B-Employee Benefits                                                            110,966                110,966               221,932               221,932
  C-Professional Service Contracts                                               150,000                150,000
  E-Goods and Other Services                                                     293,431                293,431               581,022               581,022
  G-Travel                                                                        15,810                 15,810                31,620                31,620
  J-Capital Outlays                                                               22,228                 22,228
  M-Inter Agency/Fund Transfers
  N-Grants, Benefits & Client Services
  P-Debt Service
  S-Interagency Reimbursements
  T-Intra-Agency Reimbursements
  9-
                                 Total $                           0             893,539                893,539              1,436,782             1,436,782

 III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
          Part I and Part IIIA

   Job Classification                               Salary             FY 2020          FY 2021           2019-21            2021-23             2023-25
   Attorney                                               90,000                                  1.0               0.5                   1.0              1.0
   Contract Specialist 2                                  65,592                                  1.0               0.5                   1.0              1.0
   Investigator 3                                         71,756                                  2.0               1.0                   2.0              2.0
                              Total FTEs                                                          4.0               2.0                   4.0              4.0



III. D - Expenditures By Program (optional)
 NONE

Part IV: Capital Budget Impact
 IV. A - Capital Budget Expenditures
      NONE

 IV. B - Expenditures by Object Or Purpose
         NONE

IV. C - Capital Budget Breakout
 Identify acquisition and construction costs not reflected elsewhere on the fiscal note and describe potential financing methods
        NONE

Part V: New Rule Making Required
 Identify provisions of the measure that require the agency to adopt new administrative rules or repeal/revise existing rules.

Per HB 2469, OMWBE would be required to amend WAC 326-08 to include debarment as a reason for the procedures.
There would also need to be a fines/sanction schedule, and rules governing the investigation unit outlined in Section 4 of the
bill.




Small works rosters.                                                                         147-Office of Minority and Women's Business Enterpris
Form FN (Rev 1/00) 155,092.00                                                                                            Request # 147-2469HB-2
FNS063 Individual State Agency Fiscal Note                               4                                                         Bill # 2469 HB
Cost Estimate Detail 2469 HB
                                           Range/        Salary          Number                       Number
Salaries: (A)                               Step       Per Month         Needed       FY 2021         Needed       FY 2022
Investigator 3                               L              $6,063.00             2      $145,512              2     $145,512
Contract Specialist 2                        L              $5,466.00             1        65,592              1       65,592
Attorney                                    N/A             $7,500.00             1        90,000              1       90,000
Total Salary                                                                      4      $301,104              4     $301,104

                                                       Percentage        Number                       Number
Benefits: (B)                                         of salary/rate     Needed       FY 2021         Needed       FY 2022
OASI                                                             0.062                     18,668                      18,668
Retirement (PERS employer rate)                                 0.1286                     38,722                      38,722
Medicare                                                        0.0145                      4,366                       4,366
Health Insurance ($916/mo)                                         976            4        46,848              4       46,848
Industrial Insurance
 Class 4902 - Office Workers                                      480             4         1,920              4        1,920
Paid Family Leave Insurance (Gross x .4% x .3667)              0.0015             4           442              4          442

Total Benefits                                                                           $110,966                    $110,966

                                                      Amount per         Number                       Number
Goods & Services:                                      Employee          Needed       FY 2021         Needed       FY 2022
Supplies (EA)                                                  $600               4        $2,400              4       $2,400
Communications (EB)
  Phone Line (Olympia area)                                       540             4         2,160              4        2,160
  Switched Long Distance Service                                  125             4           500              4          500
  Centurylink Voice Mail                                           42             4           168              4          168
  Internet - VPN - One time set up fee                            180             4           720              0            0
  Internet - VPN Soft/Cert                                        108             4           432              4          432
  Network/Desktop/Phone Support                                 3,500             0             0              0            0
  Email,Vault license & Filtering                                  59             4           235              4          235
  Vault Storage - 2GB per person                                   30             4           122              4          122
  Other (cell phone, pager, etc.)                               1,080             4         4,320              4        4,320
Printing (Business Cards) (EF)                                     25             4           100              4          100
Training (EG)                                                   1,000             4         4,000              4        4,000
Public & Historic Facilities (EK) (if new FTE)                    252             4         1,008              4        1,008
Payroll Processing (EL)                                           240             4           960              4          960
Personnel Service Fee (EN-020)                                 0.0008                         241                         241
(% of classified salaries)
Personnel Labor Relations Fee (EN-010)                          0.001                           211                      211
(if a new Represented FTE)
Software Licenses (EY)                                            500             4         2,000              4        2,000
One-time Costs:
  Phone Line/Data Cable Installation                              300             4         1,200              0             0
Space Rent (ED)                                              5,956.50             4        23,826              4       23,826
Parking (EK) (Avg. Campus rate)                                 52.50             4           210              4          210
Small Agency Human Resources (EN)                            1,630.96             4         6,524              4        6,524
Small Agency Financial Services (EK)                         4,005.40             4        16,022              4       16,022
State Data Network (EL)                                        109.92             4           440              4          440
Enterprise Systems Rates (EL)                                  520.54             4         2,082              4        2,082
Security Gateway (EL)                                          592.06             4         2,368              4        2,368
Real Estate Services (EK)                                       44.37             4           177              4          177
DES Risk Management Fee (EP)                                   196.22             4           785              4          785
OFM Central Services (ER)                                       55.00             4           220              4          220
Total Goods & Services                                                                    $73,431                     $71,511




                                                      Amount per         Number                       Number
Travel: (G)                                            Employee          Needed       FY 2021         Needed       FY 2022

15 days per year, $151 per day (low cost area rate)             2,265             4         9,060              4        9,060
Private Car Mileage
1500 miles @ $.575 per mile                                       863             4         3,450              4        3,450
Misc travel (parking)                                             375             4         1,500              4        1,500
Airfare (1 flight per year to Spokane)                           250                   4             1,000            4           1,000
Other Estimated Misc Costs                                       200                   4               800            4             800
Total Travel                                                                                       $15,810                      $15,810

                                                     Amount per         Number                               Number
Equipment: (J)                                         Item             Needed                 FY 2021       Needed           FY 2022
Desk System                                                  1,887                     4             7,548            0                  0
Desk Chair                                                     500                     4             2,000            0                  0
Side Chair                                                     235                     4               940            0                  0
File Cabinet                                                   360                     4             1,440            0                  0
Bookcase                                                       300                     4             1,200            0                  0
Laptop w/ LCD, Dock, Cable, Mouse, Keyboard                  2,000                     4             8,000            0                  0
 Ergonomic Keyboard                                             50                     4               200            0                  0
 Security Lock                                                  30                     4               120            0                  0
Phone                                                          195                     4               780            0                  0
Total Equipment                                                                                    $22,228                              $0

                                                     Amount per         Number                               Number
Other costs:                                           Item             Needed                 FY 2021       Needed           FY 2022
Professional Service Contracts: (C)
   IT Updated Server Security Implementation                 150,000   one-time cost               150,000            0
Goods and Services: (E)
   Hearings - Office of Administrative Hearings   $3,000 per hearing   6-7 hearings                 20,000 6-7 hearings          20,000
   Attorney General Expenses                                           ATG estimate                150,000 ATG estimate         149,000
   IT Updated Server Security Maintenance                     50,000    annual cost                 50,000 annual cost           50,000
Total Other Costs                                                                                 $370,000                     $219,000

            Total Request                                                                  $      893,539                 $     718,391
                             Individual State Agency Fiscal Note

Bill Number:        2469 HB                Title:     Small works rosters.                                     Agency:      179-Department of
                                                                                                                            Enterprise Services

Part I: Estimates
 X      No Fiscal Impact

Estimated Cash Receipts to:

       NONE


Estimated Operating Expenditures from:
 NONE

Estimated Capital Budget Impact:

      NONE




     The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
     and alternate ranges (if appropriate), are explained in Part II.

  Check applicable boxes and follow corresponding instructions:
        If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
        form Parts I-V.
        If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

        Capital budget impact, complete Part IV.

        Requires new rule making, complete Part V.


     Legislative Contact:     Kyle Raymond                                                    Phone: 360-786-7190             Date: 01/13/2020
     Agency Preparation:      Kenneth McBroom                                                 Phone: (360) 407-8261           Date: 01/16/2020
     Agency Approval:         Ashley Howard                                                   Phone: (360) 407-8159           Date: 01/16/2020
  OFM Review:                 Jennifer Masterson                                              Phone: (360) 902-0579           Date: 01/20/2020

Form FN (Rev 1/00) 154,455.00                                                                                                    Request # 2469 HB-1
FNS063 Individual State Agency Fiscal Note                              1                                                              Bill # 2469 HB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Briefly describe by section number, the significant provisions of the bill, and any related workload or policy assumptions, that have revenue or
expenditure impact on the responding agency.

 This bill establishes debarment procedures and other penalties for the Office of Minority and Women's Business
 Enterprises (OMWBE) to implement against public works contractors who provide public works and goods and
 services that interfere with, or fraudulently obtain, certification as a minority or women's business enterprise.
 This bill also adjusts the dollar thresholds for public works contractors to participate in the limited public works
 and small works roster processes.

 Section 8(1) changes the maximum dollar threshold for the small work roster process from $350K to $500K.

 Section 8(2)(c) relates to inviting selected contractors to bid on projects who are part of the small works roster.
 The Department of Enterprise Services (DES) does not currently utilize this process, therefore, there is not fiscal
 impact.

 Section 8(3)(a) changes the maximum dollar threshold for awarding contracts under the limited public works
 process from $50K to $150K.

 The changes to small works rosters and limited public works can be completed as part of routine business
 process. Therefore, there is not fiscal impact.
II. B - Cash receipts Impact
Briefly describe and quantify the cash receipts impact of the legislation on the responding agency, identifying the cash receipts provisions by section
number and when appropriate the detail of the revenue sources. Briefly describe the factual basis of the assumptions and the method by which the
cash receipts impact is derived. Explain how workload assumptions translate into estimates. Distinguish between one time and ongoing functions.

II. C - Expenditures
Briefly describe the agency expenditures necessary to implement this legislation (or savings resulting from this legislation), identifying by section
number the provisions of the legislation that result in the expenditures (or savings). Briefly describe the factual basis of the assumptions and the
method by which the expenditure impact is derived. Explain how workload assumptions translate into cost estimates. Distinguish between one time
and ongoing functions.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
         NONE

 III. B - Expenditures by Object Or Purpose
         NONE


 III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
Part I and Part IIIA
 NONE



III. D - Expenditures By Program (optional)
 NONE

 Part IV: Capital Budget Impact
 IV. A - Capital Budget Expenditures

Small works rosters.                                                                                           179-Department of Enterprise Services
Form FN (Rev 1/00) 154,455.00                                                                                                Request # 2469 HB-1
FNS063 Individual State Agency Fiscal Note                              2                                                           Bill # 2469 HB
       NONE

 IV. B - Expenditures by Object Or Purpose
        NONE

IV. C - Capital Budget Breakout
 Identify acquisition and construction costs not reflected elsewhere on the fiscal note and describe potential financing methods
       NONE

Part V: New Rule Making Required




Small works rosters.                                                                                          179-Department of Enterprise Services
Form FN (Rev 1/00) 154,455.00                                                                                               Request # 2469 HB-1
FNS063 Individual State Agency Fiscal Note                             3                                                           Bill # 2469 HB
                           LOCAL GOVERNMENT FISCAL NOTE
                                                      Department of Commerce

Bill Number:       2469 HB               Title:   Small works rosters.


Part I: Jurisdiction-Location, type or status of political subdivision defines range of fiscal impacts.
Legislation Impacts:
X Cities:     Indeterminate decrease in costs due to expansion of projects to which the small works roster applies
X Counties:      Same as above
   Special Districts:

   Specific jurisdictions only:
   Variance occurs due to:

Part II: Estimates
    No fiscal impacts.

    Expenditures represent one-time costs:

    Legislation provides local option:

X Key variables cannot be estimated with certainty at this time:     Number of projects that will meet requirements for the small works
                                                                     roster
Estimated revenue impacts to:
  None

Estimated expenditure impacts to:

                             Non-zero but indeterminate cost and/or savings. Please see discussion.




Part III: Preparation and Approval
  Fiscal Note Analyst: Alice Zillah                                                Phone: 360-725-5035           Date:   01/20/2020
  Leg. Committee Contact: Kyle Raymond                                             Phone: 360-786-7190           Date:   01/13/2020
  Agency Approval:       Rebecca Duncan                                            Phone: 360-725-5040           Date:   01/20/2020
  OFM Review:      Ramona Nabors                                                   Phone: (360) 902-0547         Date:   01/21/2020
Page 1 of 2                                                                 Bill Number:    2469 HB
FNS060 Local Government Fiscal Note
 Part IV: Analysis
A. SUMMARY OF BILL
Provide a clear, succinct description of the bill with an emphasis on how it impacts local government .
Sec. 1 amends RCW 39.19.020. "Debar" means to prohibit a contractor, individual, or other entity from submitting a bid, having a bid
considered, or entering into a state contract during a specified period of time as set forth in a debarment order .

Sec. 8 amends RCW 39.04.155. Small works roster provisions to award contracts for construction, building, renovation, remodeling,
alteration, repair, or improvement of real property apply to work with estimated costs of $500,000 or less. Small works roster provisions to
award contracts for work, construction, alteration, repair, or improvement projects estimated to cost less than $150,000 may use the
limited public works process provided under this subsection. Public works projects awarded under this subsection are exempt from the
other requirements of the small works roster process provided under subsection (2) of this section .

B. SUMMARY OF EXPENDITURE IMPACTS
Briefly describe and quantify the expenditure impacts of the legislation on local governments , identifying the expenditure provisions by
section number, and when appropriate, the detail of expenditures. Delineate between city, county and special district impacts.


The bill would result in indeterminate cost savings to local governments as a result of decreasing the need for competitive processes , by
expanding the contracts which can be instituted under the small works roster (SWR). Because the cost of a competitive process varies
depending on complexity, the cost savings cannot be estimated.

There is no data available to estimate how many public works projects (with costs up to $300 ,000 currently) have used SWR process to
hire contractors, nor is there data to estimate how many new projects ranging up to $500 ,000 would include a SWR process per this bill.
Generally, SWR bids are much less costly than formal competitive bids or "Design-Bid-Build" processes . For projects up to $500,000,
bids must be solicited from at least five contractors, and for projects up to $150,000, bids must be solicited from at least three contractors.
Additionally, local governments may assume liability for a contractor's nonpayment of goods and services , and may recover any payments
made on a contractor's behalf for limited SWR processes.

C. SUMMARY OF REVENUE IMPACTS
Briefly describe and quantify the revenue impacts of the legislation on local governments , identifying the revenue provisions by section
number, and when appropriate, the detail of revenue sources. Delineate between city, county and special district impacts.


The legislation would have no revenue impacts for local government.

SOURCES:
Local Government Fiscal Note HB 2722, 2016




 Page 2 of 2                                                                 Bill Number:     2469 HB
 FNS060 Local Government Fiscal Note


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