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R-21-45RESOLUTION NO R-21-45 CONSENT TO SIXTH AMENDED AND RESTATED DECLARATION OF LOCAL EMERGENCY WHEREAS, the Governor of Virginia previously declared a state of emergency and the President of the United States issued a Declaration of National Emergency, in each case due to the current COVID-19 outbreak; and WHEREAS, under the authority of Code of Virginia Sec. 44-146.21, the City Manager, as Director of Emergency Management, initially declared a Local Emergency, effective on March 16, 2020, at 10:00 a.m. (the "Declaration"); and WHEREAS, the state of emergency in Virginia was allowed to expire, but the emergency situation has continued, and the Declaration (as previously amended by a First, Second, Third, Fourth and Fifth Amended and Restated Declaration of Local Emergency, each of which was consented to by the City Council as required by law), has been further amended by a Sixth Amended and Restated Declaration of Local Emergency, effective as of January 1, 2022 (the "Sixth Amended Declaration"), a copy of which is attached to this resolution, to extend the Emergency Period (as defined therein) through March 31, 2022 (unless sooner rescinded or further amended); and WHEREAS, the City Council desires to consent to the Sixth Amended Declaration. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Virginia, that it hereby consents to the Sixth Amended Declaration. While the Fifth Amended Declaration remains in effect, the functions, obligations, rights, powers and duties of the Director of Emergency Management shall be as prescribed by Title 44, Chapter 3.2 of the Code of Virginia, the Code of the City of Fairfax, Virginia, the City of Fairfax Emergency Operations Plan (EOP), and any other applicable laws, regulations and declarations pertaining to this emergency, as the same currently exist or may be promulgated. Adopted this 14`h day of December, 2021. G/-rn",O", Mayor Attest: Acting City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilmember Harmon Aye Councilmember Lim Aye Councilmember Miller Aye Councilmember Ross Aye Councilmember Stehle Aye Councilmember Yi Aye SIXTH AMENDED AND RESTATED DECLARATION OF LOCAL EMERGENCY — COVID-19 CITY OF FAIRFAX, VIRGINIA WHEREAS, a local emergency pertaining to the COVID-19 outbreak, following a Commonwealth of Virginia declaration of emergency, was first declared within the municipal boundaries of the City on March 16, 2020 (and the initial expiration date thereof was subsequently extended through December 31, 2021 - by First, Second, Third, Fourth and Fifth Amended and Restated Declarations of Local Emergency - in each case with the consent of the City Council, as required by applicable law); and WHEREAS, the City Manager, as the Director of Emergency Management of the City of Fairfax, Virginia (the "City") has determined that due to the continuing COVID-19 outbreak and the spread of new variant(s) of COVID-19, with a corresponding increase in cases and hospitalizations within the Fairfax Health District, and the fact that local emergencies continue to be in place in many surrounding jurisdictions, a coordinated response by City officials, departments and employees is, and continues to be, warranted, and that a renewed Declaration of Local Emergency is appropriate. NOW, THEREFORE, IT IS HEREBY DECLARED AND ORDERED, that this Sixth Amended and Restated Declaration of Local Emergency shall be effective as of 12:01 a.m. on January 1, 2022 (immediately upon the expiration of the Fifth Amended and Restated Declaration of Local Emergency), and remain in effect until 11:59 p.m. ET on March 31, 2022 (the "Emergency Period"), unless and if sooner rescinded by the undersigned or by appropriate action of the City Council of the City, as provided by law. While this Sixth Amended and Restated Declaration of Local Emergency remains in effect, the functions, obligations, rights, powers and duties of the Director of Emergency Management, and all City officials, departments and employees, shall be as prescribed by Title 44, Chapter 3.2 of the Code of Virginia, the Code of the City, the City Emergency Operations Plan (EOP), and any other applicable laws, regulations and declarations pertaining to this emergency, as the same currently exist, may be amended, or may be promulgated. Rob rt A. Stalz City Manager and Director of Emergency Management Date: December 14, 2021 ATTEST: /� C ITY CLERK 1� "� 1CMDeclarationofl ocalEmergency-SixthAmended-20211207_V01