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5.33.135 Declaration of State of Emergency or Disaster.

(Added by Ordinance No. 181547; amended by Ordinance Nos. 183345 and 189878, effective March 4, 2020.)

A.  When the Mayor or person designated to perform the duties of office of the Mayor (“Designee”), proclaims a State of Emergency or Disaster the Mayor or Designee may, by direct appointment, Award Emergency Procurement Contracts for the acquisition of goods, services, construction services and public improvements for the purpose of responding to the State of Emergency or Disaster. This section does not eliminate the power of any individual otherwise authorized to award or execute contracts under other portions of the City Code.

B.  The Proclamation of a Disaster or State of Emergency permits the Mayor to execute, amend, and terminate Emergency Procurement Contracts.  When a Proclamation of a State of Emergency or Disaster is issued, the City hereby waives the requirement of furnishing sufficient performance and payment bonds for any public improvement contracts or construction services contracts awarded pursuant to this Section when such bonds otherwise would be legally required. Nonetheless, any person authorized to award a contract may make a request for such bonds whenever it appears to be appropriate.

C.  The Mayor or Designee may delegate the authority to award contracts, in whole or in part, to any appropriate person, to responds to the State of Emergency or Disaster.

D.  A written contract is not required, but documentation of contracts awarded pursuant to this section shall be kept to the extent practicable under the circumstances.

E.  Emergency Procurement Contracts, whether or not signed by the Contractor, shall be deemed to contain a termination for convenience clause permitting the City to immediately terminate the Contract at its discretion and, unless the Contract was void, the City may pay the Contractor only for Work performed prior to the date of termination and the Contractor’s unavoidable costs incurred as a result of the termination.  The City shall not be liable for Contractor’s anticipated lost profits or consequential damages as a result of the termination.

F.  All documentation of Emergency Procurement Contracts shall be sent to the Chief Procurement Officer for record keeping purposes.

G.  All Emergency Procurement Contracts Awarded when there was no Emergency or reasonable perception of Emergency are void unless the Emergency Procurement Contract was otherwise valid under another portion of the City’s Procurement Rules.

H.  If an Emergency Procurement Contract is not in writing, the City shall execute a Written Contract with the Contractor as soon as possible thereafter as circumstances permit.