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RES 2006-08 EMERGENCY DECLARATION (WEATHER RELATED)Resolution 2006-08 Emergency Declaration February 8, 2006 RESOLUTION NO. 2006-08 A RESOLUTION declaring that a state of emergency exists due to unusual weather and heavy rainfall having persisted from November 2005 through January 2006, which has resulted in significant flooding and unstable slope movements on Bainbridge Island; and authorizing and ratifying, waiving the competitive bidding process, the purchase of services, material and equipment and the award of contracts necessary and appropriate to address this emergency situation . WHEREAS, beginning in November 2005 and continuing through January 2006, unusual weather conditions consisting of persistent heavy rains have resulted in significant flooding and unstable slope movement in parts of the City of Bainbridge Island; and WHEREAS, due to the heavy rainfall conditions, landslides have occurred throughout Western Washington, and a landslide advisory for Western Washington has been issued by the U.S. 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 and have caused threats to homes, businesses, farm land and other property; and WHEREAS, on J anuary 30, 2006, the City Director of Public Works reported to the Office of the Mayor that portions of Halls Hill Road, Country Club Road and Point White Road, all within the City of Bainbridge Island, have failed and require immediate repair work in order to address public safety concerns and preserve the essential transportation function 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 and/or federal law, and necessitates the utilization of emergency powers granted pursuant to Bainbridge Island Municipal Code and applicable state and/or federal law; and 11 City Exchange\Resohrtions\2006 Resolutions\020806 emergency declaration.doc Pg. I of 3 Resolution 2006-08 Emergency Declaration February 8, 2006 WHEREAS, on .lanuary 31, 2006, due to the aforesaid circumstances and conditions, the Mayor of the City of Bainbridge Island issued a Declaration of Emergency and reported this to the Chair of the City ofBainbridge Island City Council; and WHEREAS, in accordance with said Declaration of Emergency, the City has initiated contracting 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 law; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES RESOLVE AS FOLLOWS: 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. Purchases that have been made and contracts that have already been entered 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. Each City of Bainbridge Island department is authorized to exercise the powers vested HXity Exchange\Resolutions\2006 Resolutions\020806 emergency declaration.doc Pg. 2 of 3 Resolution 2006-08 Emergency Declaration February 8, 2006 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, 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 8th day of February, 2006. APPROVED by the Mayor this 9th day of February, 2006. Darlei Kordonowy, Mayor ATTEST/AUTHENTICATE: SUSAN P. KASPER, City C erk FILED WITH THE CITY CLERK: February 1, 2006 PASSED BY THE CITY COUNCIL: February 8, 2006 RESOLUTION NO. 2006-08 liXity EYchange\Resolutions\2006 Resolutions\020806 emergency declaration.doc Pg. 3 of 3 DECLARATION OF EMERGENCY WHEREAS, beginning in November 2005 and continuing through January 2000, unusual weather conditions consisting of persistent heavy rains have resulted in significant flooding and unstable slope movement in parts of the City of Bainbridge Island; and WHEREAS, said flooding and unstable slope movements have caused and are continuing to cause extensive damage to City of Bainbridge Island roads and caused threats to homes, businesses, farm land and other property; and WHEREAS, on January 30, 2006, the City Director of Public Works reported to the Office of the Mayor that portions of Halls Hill Road, Country Club Road and Point White Road, all within the City of Bainbridge Island, have failed and require immediate repair work in order to address public safety concerns and preserve the essential transportation function 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, BINK 3.72.130(B) and other applicable state and/or federal law, and necessitates the utilization of emergency powers granted pursuant to Bainbridge Island Municipal Code and applicable state and/or federal law; now, therefore, THE MAYOR OF THE CITY OF BAINBRIDGE ISLAND HEREBY DECLARES AS FOLLOWS: 1. That due to the aforesaid circumstances an emergency exists in and on Bainbridge Island. 2. That due to said 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. DECLARATION OF EMERGENCY 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 necessary and appropriate to address this emergency situation. 4. That the City of Bainbridge Island may provide appropriate emergency assistance to victims of this emergency situation and take other actions as appropriate. 5. Each City of Bainbridge Island departments is authorized to exercise the powers vested under this proclamation in the light of an extreme emergency situation without regard to time consuming procedure and formalities prescribed by law (excepting mandatory constitutional requirements). 6. That no guarantee is implied by this Emergency Declaration of a perfect emergency response system. As City assets and systems may be overwhelmed, the City of Bainbridge Island can only endeavor to make reasonable efforts to respond based on the situation, and inforination and resources available at this time. Dated this 31" day of January, 2006. Recommended by: Mar" J B f riggs, City A rnimstrator Darlene Kordonowy, Mayor i C._ City of Bainbridge Island 2