RES 2007-30 DECLARATION OF EMERGENCYRESOLUTION NO. 2007-30
A RESOLUTION declaring that a state of emergency exists due to unusual weather
and environmental conditions (including but not limited to
persistent heavy precipitation, high winds, tidal surges, and heavy
wave action) occurring from December 1, 2007 through
December 4, 2007 resulting in significant flooding, unstable slope
movements, power outages and other damage to property on
Bainbridge Island; waiving the competitive bidding process, and
authorizing and ratifying the purchase of services, material and
equipment and the award of contracts necessary and appropriate to
address this emergency situation.
WHEREAS, beginning on or about December 1, 2007 and continuing through
December 4, 2007, unusual and adverse weather and environmental conditions (including
but not limited to heavy precipitation, high winds, tidal surges, and heavy wave action)
have resulted in significant flooding, unstable slope movements, and power outages in
parts of the City of Bainbridge Island; and
WHEREAS, due to the heavy precipitation conditions, landslides have occurred
throughout Western Washington, and a landslide advisory for Western Washington was
issued by the US Geological Survey and the National Weather Service; and
WHEREAS, said flooding and unstable slope movements have caused and are
continuing to cause extensive damage to City of Bainbridge Island roads, homes,
businesses, farm land and other property; and
WHEREAS, on December 3, 2007, the Director of Public Works reported to the
Office of the Mayor that portions of several roads within the City of Bainbridge Island
including, but not limited to, Crystal Springs Road, Hidden Cove Road, High School
Road, State Route 305, New Sweden Road, South Beach Road, Country Club Road,
Gertie Johnson Road, Eagle Harbor Drive, Toe Jam Hill Road and Sunrise Drive, as well
as a slope on the Vincent Road property, have failed and require immediate repair work
in order to address public safety concerns and preserve the essential transportation
functions of these roads; and
WHEREAS, these unforeseen circumstances beyond the control of the City
present a real and immediate threat to the proper performance of essential functions
and/or have and/or will likely result in material loss or damage to property, bodily injury
or loss of life if immediate action is not taken; and
WHEREAS, this constitutes an emergency as defined by the City's Emergency
Operations Plan, BIMC 3.72.130 (B) and other applicable state (including but not limited
to RCW Chapter 38.52) and/or federal law, and necessitates the utilization of emergency
powers granted pursuant to Bainbridge Island Municipal Code and applicable state
(including but not limited to RCW Chapter 38.52) and/or federal law; and
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WHEREAS, on December 3, 2007, due to the aforesaid circumstances and
conditions, the Mayor of the City of Bainbridge Island issued a Declaration of
Emergency/Disaster and reported this to the Chair of the City of Bainbridge Island City
Council; and
WHEREAS, in accordance with said Declaration of Emergency/Disaster, the
City has initiated contracts or repairs pursuant to BIMC 3.72.130 "Waiver of Bidding
Procedures in Cases of Emergencies"; and
WHEREAS, there is an emergency present which necessitates activation of the
City of Bainbridge Island Comprehensive Emergency Plan and utilization of emergency
powers granted pursuant to RCW Chapter 38.52, Bainbridge Island Municipal Code, and
any other applicable local, state and/or federal laws, now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
1. That due to the aforesaid circumstances and conditions in and on Bainbridge
Island described in the recitals to this resolution, it is hereby declared that a state
of emergency currently exists in the City of Bainbridge Island.
2. That due to said state of emergency and in accordance with BIMC 3.72.130,
competitive bidding that might otherwise apply regarding the purchase of
material, equipment, .items and services, and the award of related contracts
necessary to address this emergency situation, are hereby waived.
3. That due to said emergency and in accordance with BIMC 3.72.130, the City of
Bainbridge Island shall award, without utilization of a competitive bidding
process, contracts and make purchases necessary and appropriate to address this
emergency situation.
4. That purchases that have been made and contracts that have already been entered
into to address this emergency situation without the utilization of a competitive
bidding process are hereby ratified.
5. That the City of Bainbridge Island may provide appropriate emergency assistance
to victims of this emergency situation and take other actions as appropriate.
6. That each City of Bainbridge Island department is authorized to exercise the
powers vested under this resolution in the light of an extreme emergency situation
without regard to time-consuming procedures and formalities otherwise
prescribed by law.
7. That no guarantee is implied by this Emergency Resolution of a perfect
emergency response system. As City assets and systems may be overwhelmed,
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the City of Bainbridge Island can only endeavor to make reasonable efforts to
respond based on the situation, and information and resources available at this
time.
PASSED BY THE City Council this 12'h day of December, 2007.
APPROVED by the Mayor this 20°i day of December, 2007.
ATTEST/AUTHENTICATE:
Rosalind D. Lassoff, CMC, Ny Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
�Ir MA A
Darlene Kordonowy,Mayor
December 7, 2007
December 12, 2007
2007-30
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