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HomeMy WebLinkAboutR-2288 - Declaring an emergency to exist due to urban flooding; authorizing emergency works contracts and purchases for the emergency repair and restoration ofCITY OF MARYSVILLE Marysville,Washington RESOLUTION 128fs A RESOLUTION OF THE CITY OF MARYSVILLE DECLARING AN EMERGENCY TO EXIST DUE TO URBAN FLOODING;AUTHORIZING EMERGENCY WORKS CONTRACTS AND PURCHASES FOR THE EMERGENCY REPAIR AND RESTORATION OF UTILITIES,BUILDINGS AND CONTENTS,PARKS AND GOLF COURSE,ROADS,.;BRIDGES,RIGHT OF WAY AND PROPERTY;AND DESIGNATING REPRESENTATIVES FOR OBTAINING EMERGENCY ASSISTANCE FUNDS AND PREPARING AND EXECUTING NECESSARY LEGAL DOCUMENTS. WHEREAS,on June 9,2010 urban flooding severely disrupted the infrastructure and caused extensive damage,and further damage and risk will occur if immediate repair work is not conunenced;and . WHEREAS,on June 9,2010 the City of Marysville Emergency Management Office reported to the Mayor the urban flooding which severely disrupted the infrastructure and caused extensive damage,and further damage and risk will occur if inunediate repair work is not conunenced and the Mayor signed the (attached)PROCLAMATIONOF EMERGENCY/DISASTER BY THE CITY OF MARYSVILLE,WA; and WHEREAS,the injury to City utilities,buildings and contents,parks and golf course, roads,bridges,right of way and property creates an emergency, these problems cause a threat to life and property which requires innnediate remediation to protect the public health and safety of persons and property and to provide emergency assistance to victims of this disaster;and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASIDNGTON AS FOLLOWS: Section 1.The PROCLAMATIONOF EMERGENCY/DISASTERBY THE CITY OF MARYSVILLE,WA signed by the Mayor on June 9,2010 was properly made and is hereby confirmed,ratified and incorporated by reference as attached Exhibit A. Section 2.An "emergency"exists,and property or persons within the City would suffer material injury or damage by delay,and the public health,safety,and welfare would suffer material injury or damage by delay,and such emergency is now hereby proclaimed by authority ofRCW 35.33.081,RCW 38.52.070,RCW 39.04.280 and Marysville Municipal Code Chapter 2.12. Section 3.The existence of such emergency,and the facts constituting the emergency,are set out in the recital paragraphs of this Resolution. Section 4.The City Council does hereby waive the requirements ofRCW 35A.40.200-21O, RCW 35.23.352,and RCW 39.04.020,requiring public bidding to contract for repair,restoration and remediation of the emergency situation. RESOLUTION DECLARATION OF EMERGENCY glmvIM-IO-002/Res.Declaration of Emergency Page 1 of2 Section 5. The City Council directs staff to enter into emergency work contracts and purchases to repair the damage and to appropriately repair and restore the City utilities,buildings and contents,parks and golf course, roads,bridges,right of way and property. The Mayor is authorized to enter into appropriate emergency works contracts with a qualified contractors for said emergency work. Section 6.Dennis Kendall,City Mayor, is hereby designated the authorized representative, and Gloria Hirashima,City CAO, is designated the alternate,for and in behalf of the City of Marysville,a public agency established under the laws of the State of Washington.The purpose of this designation as the authorized representative is to obtain federal and/or state emergency or disaster assistance funds. These representatives are authorized on behalf of the City of Marysville to execute all contracts,certify completion of the City ofMarysville projects,request payments,and prepare all required documentation for funding requirements. Section 7.Effective Date. This Resolution shall become effective June 9, 2010. PASSED,by the City Council and APPROVED by the Mayor this 14th day of June, 2010. CITY OF MARYSVILLE By~;<Y4 DENNIS KENDALL,MAYOR ATTEST: Approved as to form: BY~c..~ 'GRANT WEED,CITY ATTORNEY RESOLUTION DECLARATION OF EMERGENCY glmvlM-lO-002/Res.Declaration of Emergency Page 2 of2 City of Marysville,Washington Comprehensive Emergency Management Plan GR;CLAMAT~EMERGENCY/DISASTER BY THE cln ARYSVILLE,WASHINGTON WHEREAS,the City of Marysville Emergency Management Office has reported to the Mayor of the City of Marysville,that on ~'1 \r...P,,£-wID,at 10:$"0 am~a (date)(time) (enterevent)Ul!..h4,u Ftz;c,f::.,.has severely disrupted the infrastructure within the City of Marysville and caused extensive damages in parts of Snohomish County; and WHEREAS,damages have occurred to the City of Marysville to the following: (Check all that apply)__roads and/or bridges,K utilities,_private roads, __homes,Ie businesses farm land ~Other (Sp,cify)Cn;"y 7:J""IJ>e'V§YeAll--I4M£LI>T.1D.4j.tPI46.I:and Of c.oV/;~~r ~$r:~ .WHEREAS,significant economic loss to businesses has occurred as a result of shutdowns necessaryto conduct structural assessments of facilities; and BE IT RESOLVED BY THE Mayor of the City of Marysville: SECTION 1 That asa result of the aforementioned emergency situation and under ROO 35.33.081do hereby proclaim that a State of Emergency exists in the City of Marysville and direct the supporting plans and procedures to the City of Marysville Comprehensive Emergency Management Planbe implemented. SECTION 2 Designated departments are authorized to enter into contracts and incur obligations necessary .to combat such emergency to protect the health and safety of person and property,and provide emergency assistance to the victims of such disaster. SECTION 3 Eachdesignated department is authorized to exercise the powers vested in tt(ifesolution)!the light of the demands of an extreme emergency situation without regard to time consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements). Mayor Dennis Kendall . Marysville,Washington ~TED this ~:?:"..=,-,!f.:.!P:--,z.:"-;,_--,.201D~~!/ Annexes Page48of210 [une 2010 Cityof Marysville.Washington Comprehensive Emergency Management Plan APPENDIX 1 to ANNEX B EMERGENCY PROCLAMATION Local Proclamation Of Emergency When a disaster occurs, requiring local action beyond normal capabilities to protect lives and property, a local proclamation of emergency can be made to use or obtain additional local resources.The local proclamation isalsoa prerequisite for some state or federal assistance.A local proclamation of emergency authorizes the emergencyuseof localresourcesand allowsemergencyexpenditures, aswell asallowing for waiver of normal bid procedures,if necessary. The proclamation of emergency will be prepared by the City of Marysville EMO.Attachment 1 to this is a sample proclamation. The local proclamation of emergencydescribesthe following: 1. Theevent (what hashappened) 2. When the event happened; 3.Expected impacts without obtaining other resources; 4.Authorization of the use of local resources to combat disaster effects;and S.Authorization to expend localfunds. 6. Allows waiving normal bid procedures,if needed. The Revised Code of Washington (RCW)has specific sections that deal with emergency powers for local governments.These sections affect political subdivisions asshown below: 1.Citiesunder 300,000 population 2.Citiesover 300,000 population 3. Counties 4. All political subdivisions Local Action RCW 35.33.081 RCW 3s.32A.060· RCW 36.40.180 RCW 38.s2.070(2} ;:l.....Prepare a blank proclamation prepared and on computer.Copies of the blank proclamation should be printed out for those emergencies when electrical power is not available. $Develop and process the local resolution or ordinance that is the proclamation of emergency. ::;L Advise Snohomish County DEM by fastest telecommunications method available when local government is about to or has executed a proclamation of emergency..Supply all pertinent details. £..Forward a written copy of the proclamation to Snohomish County DEMby the most rapid means available [e.g., law enforcement teletype,facsimile (FAX)machine, courier,U.S. mail,etc.), '¥--Prepare to submit local requests for assistance and other supporting material; as necessary. Annexes June 2010 Page 47 of210