Resolution 7486 - Laserfiche WebLink

G. On February 29, 2020, Washington State Governor Jay Inslee proclaimed a public health emergency for COVID-19, beginning February 29, 2020. H. COVID-19 in Snohomish County and the City of Everett represents unforeseen circumstances beyond the control of the City of Everett that (a) presents a real, immediate threat to the proper performance of essential functions and (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. COVID-19 is an emergency and an exigency will not permit delays resulting from competitive solicitation and bidding. NOW,THEREFORE, BE IT RESOLVED THAT: 1. Declaration of Emergency. As stated above, COVID-19 is an unforeseen circumstance beyond the control of the City of Everett that(a) presents a real, immediate threat to the proper performance of essential functions and (b)will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. COVID-19 is an emergency and exigency that will not permit delays resulting from competitive solicitation and bidding. In accordance with RCW 39.04.280 and the City's Purchasing Guidelines, the City Council therefore declares and finds that an emergency and exigency exists. 2. Waiver of Competitive Requirements/Authorization to Award. a. General Waiver and Authorization.The City Council waives competitive requirements for procurement in response to COVID-19. The City authorized to execute and award all contracts and other instruments necessary for COVID-19, including, but not limited to, leases, contracts and purchase orders for acquisition of materials, contracts for services, and contracts for construction and all change orders thereto. b. Approval of Ongoing Procurement. In light of the emergency circumstances,the City Council assumes that the Fire Department,the Purchasing division, and other City staff have already begun work in responding to COVID-19 and may have already begun to solicit bids,quotes, and make purchases. So long as such staff actions are consistent with this resolution,those actions prior to the date of this resolution are hereby approved. 3. Competition as Practical Under the Circumstances. In accordance with City's Purchasing Guidelines, City staff will make efforts to include a level of competition that is practical under the circumstances in making emergency purchases under this resolution. 4. Use of Federal Funds. If a procurement is expected to be paid for or reimbursed by federal funds, compliance with 2 CFR §200 and other federal regulations will be necessary. Under federal rules, waiver of competitive bidding is only permissible during the actual exigent or emergency circumstances. Once the exigent or emergency circumstances cease to exist, the City must transition back to competitive processes as appropriate in order to continue receiving federal funds. NMI RESOLUTION Page 2 of 3