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Resolution No. 2021-06 Relating to NE Yeomalt Point Drive-Approved 020921Page 1 of 3 RESOLUTION NO. 2021-06 A RESOLUTION of the City of Bainbridge Island, Washington, proclaiming and declaring an emergency related to NE Yeomalt Point Drive and authorizing the waiver of competitive bidding requirements to immediately respond to the emergency; and confirming the authority of the Interim City Manager to respond to the emergency. WHEREAS, recent winter storms (heavy rains in conjunction with high tides) have accelerated the deterioration of existing drainage facilities in NE Yeomalt Point Drive; and WHEREAS, the deteriorating drainage facilities are causing localized flooding of the public road and adjacent private property and homes; and WHEREAS, the deteriorating drainage facilities caused a sink hole in the public road causing a safety hazard, and there is evidence that additional sink holes could become a hazard if the repairs are not made in a timely fashion; and WHEREAS, City Operations and Maintenance crews provided 24-hour pumping operations during the last major storm event in order to mitigate the flooding impacts, and could be required to perform similar work during the next major storm event, which reduces staff capacity for other emergencies; and WHEREAS, an associated budget amendment of approximately $35,000 is required to pay for the required repairs; and WHEREAS, the circumstances at issue indicate to the Interim City Manager and the City Council that an emergency, or imminent threat thereof, exists that has resulted in, or threatens to result in, the death or injury of persons or the destruction of or damage to property to such an extent as to require, in the judgment of the Interim City Manager, extraordinary and immediate measures to protect the public health, safety, and welfare; and WHEREAS, under BIMC 2.44.050, the City Council has designated the Interim City Manager as the executive head of the City for purposes of emergency management; and WHEREAS, under BIMC 2.44.080, the Interim City Manager is authorized to proclaim the existence or threatened existence of an emergency; and WHEREAS, under RCW 39.04.280, Chapter 2.44 BIMC, and the City’s Procurement Policy, the Interim City Manager is authorized to proclaim and declare that an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts on behalf of the City to address the emergency situation; and WHEREAS, on February 9, 2021, the Interim City Manager made a declaration of the existence of an emergency related to NE Yeomalt Point Drive, in accordance with Chapter 2.44 BIMC and RCW 39.04.280; and Page 2 of 3 WHEREAS, at the February 9, 2021 City Council Meeting, the Interim City Manager notified the City Council of the existence of the emergency and of the Interim City Manager’s written finding related to the existence of the emergency at NE Yeomalt Point Drive. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND DOES RESOLVE AS FOLLOWS: Section 1. Findings of Fact. The recitals set forth above are hereby adopted as findings of fact in support of this proclamation and declaration of emergency related to NE Yeomalt Point Drive. Section 2. The City Council hereby ratifies and confirms the City Manager’s declaration of emergency related to the accelerated shoreline erosion at NE Yeomalt Point Drive. Section 3. The City Council hereby ratifies and confirms the emergency procurement of services and work to respond to the emergency at NE Yeomalt Point Drive. Section 4. The City Council hereby authorizes the Interim City Manager to prepare an associated budget amendment in the amount of approximately $35,000 from the Surface and Stormwater Management fund to pay for the required repairs. Section 5. The City Council hereby confirms the authority of the Interim City Manager to execute all agreements and obtain all permissions needed to respond to the emergency. Section 6. This resolution will take effect immediately upon passage. PASSED by the City Council this 9th day of February 2021. APPROVED by the Mayor this 9th day of February 2021. Rasham Nassar, Mayor ATTEST/AUTHENTICATE: Page 3 of 3 FILED WITH THE CITY CLERK: February 5, 2021 PASSED BY THE CITY COUNCIL: February 9, 2021 RESOLUTION NO. 2021-06