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NOW,THEREFORE, BE IT RESOLVED THAT: <br /> 1. Declaration of Emergency. As stated above,the supply chain disruption as described above for <br /> the City's water,sewer, and stormwater utilities is an unforeseen circumstance beyond the <br /> control of the City of Everett that presents a real, immediate threat to the proper performance <br /> of essential functions. As stated above,the supply chain disruption as described above for <br /> COVID-19 tests is an unforeseen circumstance beyond the control of the City of Everett that <br /> presents a real, immediate threat to the proper performance of essential functions. In <br /> accordance with RCW 39.04.280 and the City's Procurement Policy,the City Council therefore <br /> declares and finds that an emergency exists. <br /> 2. Declaration of Special Market Conditions. Because of the extent of the supply chain disruption, <br /> the City Council declares and finds that the supply chain disruption as described above for the <br /> City's water,sewer, and stormwater utilities also represents special market conditions within <br /> the meaning of RCW 39.04.280(1)(b). Because of the extent of the supply chain disruptions,the <br /> City Council declares and finds that the supply chain disruption as described above for COVID-19 <br /> tests also represents special market conditions within the meaning of RCW 39.04.280(1)(b). <br /> 3. Waiver of Competitive Requirements/Authorization to Award. <br /> a. General Waiver and Authorization.The City Council waives competitive requirements <br /> for procurement as necessary for(1)the City's water,sewer, and stormwater utilities to <br /> respond to the supply chain disruption and (2)the City to respond to the need for <br /> COVID-19 tests. The City is authorized to execute and award all contracts and other <br /> instruments necessary to address the supply chain disruptions, including, but not limited <br /> to, purchase orders and leases for acquisition of materials and equipment such as those <br /> described in the recitals of this resolution. <br /> b. Approval of Ongoing Procurement. In light of the emergency circumstances,the City <br /> Council assumes that the Procurement Department and other City staff have already <br /> begun work in responding to the supply chain disruptions and may have already begun <br /> to solicit bids, quotes, and make purchases and leases. So long as such staff actions are <br /> consistent with this resolution,those actions prior to the date of this resolution are <br /> hereby approved and ratified. <br /> 4. Competition as Practical Under the Circumstances. In accordance with the Procurement Policy, <br /> City staff will make efforts to include a level of competition that is practical under the <br /> circumstances in awarding contracts and making purchases under this resolution. <br /> 5. Purchases Only Through Procurement Division. All purchases or other procurement made under <br /> this resolution must be made through the Procurement Division. All purchases made with the <br /> Procurement Card under this resolution may only be made by the Procurement division. <br /> 6. Case-by-Case Determination. The City Council acknowledges that emergency and/or special <br /> market conditions depend on the equipment and materials at issue and the extent of supply <br /> E RESOLUTION Page 2 of 5 <br />