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HomeMy WebLinkAbout5503 RESOLUTION NO. 5503 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DECLARING AN EMERGENCY WITH RESPECT TO A SEVERE WINTER STORM EVENT AND WAIVING CERTAIN CONTRACTING AND BUDGET REQUIREMENTS WHEREAS, a severe winter storm event began on January 20, 2020, in Western Washington and the State of Washington proclaimed a State of Emergency for several counties, including King and Pierce counties; and WHEREAS, the storm affected City of Auburn roads and deposited significant debris in the White River upstream of the City's A Street SE Bridge that threatened to cause further flooding; and WHEREAS, the debris upstream of the A Street SE Bridge posed a significant risk to the life, health, and property of the public and necessitated the City's Emergency Proclamation, 2020-01, to engage in emergency contracting for removal and cleanup of such debris; and WHEREAS, pursuant to the authority of Section 2.75.090 of the Auburn City Code, the Mayor determined that an emergency existed requiring the completion of the debris removal before additional rain complicated the situation and before additional debris buildup and/or flooding occurred, WHEREAS, the emergent circumstances that existed warranted moving forward with the debris removal without utilizing the public bid process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 5503 February 26, 2020 Page 1 of 2 Section 1. The City Council ratifies the Mayor's determination that an emergency existed necessitating debris removal from the White River upstream of the City's A Street SE Bridge, and that the emergency condition required the City to enter into a contract or contracts to immediately remove the debris without sufficient time to enable the City to go through the typical bidding and contracting process. Section 2. The Mayor or Mayor's designee is authorized to negotiate and enter into contracts with qualified contractors to perform the debris removal in the vicinity of the White River upstream of the City's A Street SE Bridge, and that any action taken in furtherance thereof is hereby ratified. Section 3. This Resolution shall take effect and be in full force upon passage and signatures. Dated and Signed this 2nd day of March, 2020. CITY OF AUBURN NANCY :f4tKUS, MAYO' ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk K ndra Comeau, City Attorney Resolution No. 5503 February 26, 2020 Page 2 of 2 „.H r\ °,. f IBURN Nancy Backus, Mayor WASHINGTON 25 West Main Street *Auburn WA 98001-4998 * www.auburnwa.9ov * 253.931-3000 EMERGENCY PROCLAMATION 2020-01 A PROCLAMATION OF EMERGENCY; WAIVING CERTAIN CONTRACTING AND BUDGET REQUIREMENTS, AUTHORIZING STAFF TO IMPLMENT EMERGENCY PURCHASING REQUIREMENTS, AND TO TAKE OTHER STEPS IN RESPONSE TO THE EMERGENCY WHEREAS, on February 5, 2020, the State of Washington proclaimed a State of Emergency existed in several counties including but not limited to King and Pierce counties related to a severe winter storm event that began on January 20, 2020 under State Proclamation 20-02; and WHEREAS, the storm affected City of Auburn roads,causing temporary closures of roads due to road conditions, and depositing significant debris in the White River upstream of the City's A Street SE Bridge with the potential to cause further flooding, and resulting in the need to enter into emergency contracts; and WHEREAS, the impact of the storm affects life, health, property, or the public peace; and WHEREAS, I have determined that it is necessary for the City to take actions authorized under Chapters 2.75 (Emergency Preparedness) and 3.10.050 (Emergency Purchases-Authorization) of the Auburn City Code ("ACC") and Chapter 38.52 (Emergency Management) of the Revised Code of Washington ("RCW") including, hut Proclamation 2020-01 February 20,2020 Page 1 of 4 not limited to, the definitions in RCW 38.52.010, the authorizations in RCW 38.52.070 and RCW 38.52.110, the liability, immunity, and indemnification provisions of RCW 38.52.180, et. seq. NOW THEREFORE I, Nancy Backus, Mayor of the City of Auburn, Proclaim as follows: Section 1. I declare there an emergency has been caused by a severe rain and flooding storm in Western Washington that had a significant impact to the City of Auburn. Section 2. As authorized by ACC 2.75.090, I assume the authority to enter into contracts and incur obligations, and to take any other appropriate action necessary to address and respond to the emergency to protect the health and safety of persons and properties, and to provide emergency assistance to persons affected by this emergency. Section 3. These powers will be exercised in light of the exigencies of the situation without regard to time-consuming procedures and formalities prescribed by State statutes and rules, or by City ordinance (except for mandatory constitutional requirements). These include but are not limited to budget law limitations, requirements for competitive bidding, publication of notices related to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and equipment, levying of taxes, City- performed or directed work in areas of the City that are subject to moratoria, and the appropriation and expenditure of funds. Proclamation 2020-01 February 20,2020 Page 2 of 4 Section 4. I delegate to Department heads and their designees the authority to solicit quotes and estimates for contracts necessary to combat the emergency and any emergency condition. Department heads may enter into contracts in an amount not to exceed Twenty-Five Thousand Dollars ($25,000). Contracts over this amount will be signed by the Mayor. Section 5. City staff will take whatever action is determined to be appropriate to respond to the emergency conditions. Department heads and their designees are directed to implement the emergency purchasing procedures in ACC 2.75.110 for any supplies, materials, and equipment necessary to combat the emergency. Section 6. I declare that the actions authorized by this Proclamation are necessary to avoid an imminent threat to the public health or safety, to prevent an imminent danger to public and private property, and to prevent an imminent threat of serious environmental degradation, and these actions must be taken within an appropriate time to respond to the emergency. Section 7. As soon as practicable I will advise and consult with the City Council with respect to all actions taken under the authority of this Proclamation. Any contract entered into under the authority of this Proclamation will be presented to the City Council at the earliest practical time for review and appropriate legislation. Section 8. This Proclamation will take effect on my signature, and will remain in effect until I rescind it in writing. Dated and signed: Proclamation 2020-01 February 20,2020 Page 3 of 4 CITY OF AUBURN ANCY : 'S, AOR Proclamation 2020-01 February 20,2020 Page 4 of 4