RESOLUTION NO. 917
A RESOLUTION OF THE CITY OF UNIVERSITY PLACE, WASHINGTON CERTIFYING THE EXISTENCE OF AN EMERGENCY RELATIVE TO COVID-19
WHEREAS, on March 16, 2020, pursuant to Chapter 2.35 of the University Place Municipal Code (UPMC) and the authority conferred by state law, the City Manager, in consultation with the City departments, other governmental agencies and non-governmental partners certified the existence of an emergency relative to COVID-19; and
WHEREAS, the City Council has separately reviewed the situation and verified the existence of the emergency described herein, and the necessity for the City to take immediate, extraordinary action as outlined in this Resolution; and
WHEREAS, the aforesaid situation and its effects, which continue to impact the life and health of the residents of the City of University Place, as well as the property and transportation infrastructure of the City of University Place, all of which affect life, health, property, or the public peace, and therefore constitute a public emergency demanding immediate action; and
WHEREAS, the aforesaid conditions constitute an “emergency” within the meaning of the City’s emergency management code, chapter 2.35 UPMC, state competitive bidding laws, RCW 39.04.280(3), and the State’s emergency management code, chapter 38.52 RCW, among other laws, inasmuch as the conditions described are likely to result in loss of life or health, or material loss or damage to property, etc. if immediate action was not taken; and
WHEREAS, for City staff to have complied with the usual procedure would have jeopardized the proper, appropriate and adequate response of the City of University Place;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, AS FOLLOWS:
Section 1. Certification of Existence of Emergency. Pursuant to RCW 39.04.280(2) and UPMC 2.35.060(A) the Council confirms and certifies the existence of an emergency as set forth in the March 16, 2020 Proclamation of a State of Emergency.
Section 2. City Departments Authorized. The City of University Place Departments are authorized to do the following:
1. Enter into contracts and incur obligations necessary to combat such emergency to the extent necessary to protect the health and safety of persons and property; and
2. Provide appropriate emergency assistance; and
3. Utilize the emergency contracting authority provided by state law, including but not limited to RCW 39.80.060 and RCW 39.04.280, and waive the competitive bidding and/or selection procedures otherwise required for the City’s procurement of vital resources and public work; and
4. Take other actions as appropriate and reasonably necessary to address the emergency and protect the public health, safety and welfare of the University Place community.
Each City of University Place Department is authorized to exercise the powers vested under this Resolution in the light of the exigencies of the emergency situation without regard to time-consuming procedures and formalities prescribed by law (except mandatory legal requirements).
Section 3. Ratification of Actions Taken. The actions taken and expenditures made by the City Manager and City departments in responding to the emergency generally fall within their authority and where processes were not followed, it was in the interest of responding timely to the emergency. As such, any and all actions taken to date by the City Manager or City staff in response to the emergency, including any rules and regulations issued under UPMC 2.35.080(A) are hereby ratified, confirmed and approved.
Section 4. Severability. If any section, sentence, clause or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property, or circumstance.
Section 5. Effective Date. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY THE CITY COUNCIL ON MARCH 16, 2020.
Caroline Belleci, Mayor
Emelita J. Genetia, City Clerk
APPROVED AS TO FORM:
Matthew S. Kaser, City Attorney