Resolution%2005-24%20Declaring%20an%20Emergency%2C%20Waivering%20Bid%20Laws_MHS_Septic.pdf

Parent document: Regular Meeting-05-22-2024.pdf

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MERIDIAN SCHOOL DISTRICT #505
RESOLUTION NO. 05-24
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MERIDIAN SCHOOL
DISTRICT NO. 505, OF WHATCOM COUNTY, WASHINGTON,
DECLARING AN EMERGENCY, WAIVING REQUIREMENTS OF RCW
28A.335.190 AND RCW 39.04, AUTHORIZING AND RATIFYING
CONTRACTS MADE IN RESPONSE TO THE EMERGENCY, AND
PROVIDING FOR OTHER MATTERS PROPERLY RELATING
THERETO.

BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE MERIDIAN SCHOOL
DISTRICT NO. 505, WHATCOM COUNTY, WASHINGTON, as follows:

WHEREAS, Meridian School District, Whatcom County, Washington
(the "School District"), is a school district duly organized and existing under and by
virtue of the Constitution and the laws of the State of Washington; and

WHEREAS, RCW 28A.335.190 and Chapter 39.04 RCW impose certain obligations on
the School District with respect to competitive bidding; and

WHEREAS, RCW 28A.335.190(6) authorizes the School District to waive these
statutory requirements related to competitive bidding in the event of an emergency
where the public interest or property of the School District would suffer material injury or
damage by delay; and

WHEREAS, RCW 28A.335.190(6) defines an emergency for the purposes of that
section of the statute to be a condition likely to result in immediate physical injury to
persons or to property of the School District in the absence of prompt remedial action;
and

WHEREAS, RCW 39.04.280 authorizes the School District to waive the statutory
requirements related to competitive bidding in the event of an emergency; and

WHEREAS, RCW 39.04.280 defines an emergency for the purposes of the statute to be
unforeseen circumstances beyond the control of the School District that either: (a)
present a real, immediate threat to the proper performance of essential functions, or (b)
will likely result in material loss or damage to property, bodily injury, or loss of life if
immediate action is not taken; and

WHEREAS, the Meridian High School suffered a failure of its main septic (LOSS) drain
field which is a serious condition that threatens public health and safety and is defined
as a failure by 246-272B WAC; and

WHEREAS, these conditions are likely to result in material loss or damage to property if
immediate action is not taken; and


WHEREAS, the Board finds that an emergency exists and existed as contemplated in
RCW 28A.335.190(6) and RCW 39.04.280;

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as
follows:

Section 1: Pursuant to RCW 28A.335.190(6) and RCW 39.04.280, the Board hereby
finds that a condition exists at the Meridian High School that may threaten the public's
health and safety, and in the absence of prompt remedial action that the public interest
and service to the staff and students of the School District would sufferer by delay.

Section 2: Pursuant to RCW 28A.335.190(6) and RCW 39.04.280, the Board hereby
declares and finds that an emergency exists and waives the competitive bidding and
other requirements of RCW 28A.335.190 and RCW 39.04 with reference to any
purchases or contracts related to the emergency septic drain field repair, restoration,
grounds cleanup, mitigate additional loss, and all other actions taken with respect to or
related to the failure of the septic drain field at Meridian High School.

Section 3: The Board hereby ratifies the emergency work and services performed and
to be performed related to the Meridian High School septic drain field failure repair and
restoration.

Section 4: All resolutions or parts thereof in conflict herewith, to the extent of such
conflict, are hereby repealed.

Section 5: This Resolution shall be in full force and effect immediately upon its
adoption and approval.

ADOPTED by the Board of Directors of the Meridian School District No. 505 at an open
public meeting on May 22, 2024.

Board of Directors

Meridian School District No. 505
Whatcom County,Washington

Steve Corwin Attest:

Jarrod Karuza James Everett
Secretary to the Board

Marty Gray

Jana Haugen

Michelle Simmons