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HomeMy WebLinkAboutExecutive Order 2020-0021 L:\ca\COVID-19\Redlands Executive Orders\Redlands Excecutive Order No. 2020-02.docx CITY OF REDLANDS EXECUTIVE ORDER NO. 2020-002 AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF REDLANDS AUTHORIZING THE EXTENSION OF CERTAIN CONTRACTUAL DEADLINES IN EXISTING CITY CONTRACTS DURING THE COVID-19 LOCAL EMERGENCY WHEREAS, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "coronavirus disease 2019," abbreviated COVID-19 ("COVID-19"); and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 8065 proclaiming the existence of a local emergency pursuant to section 2.52.100 of the Redlands Municipal Code to set forth the applicable the powers, functions, and duties of the Director of Emergency Services and the Emergency Organization of the City as prescribed by state law, ordinance, and resolutions of this City and by the City of Redlands’ Emergency Plan to ensure an effective response to COVID-19; and WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20 to implement directives developed by the State Public Health Officer that require all individuals living in the State of California to stay at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure and other essential sectors; and WHEREAS, the Centers for Disease Control and Prevention, the California Department of Public Health, and the San Bernardino County Health Officer have all issued recommendations and/or orders including but not limited to social distancing, staying home if sick, canceling or postponing large group events, working from home, and other precautions to protect public health and prevent transmission of this communicable virus; and WHEREAS, the City is a party to many existing contracts which contain deadlines for the performance of obligations that may be impractical to comply with as a result of the issuance of federal, state, and county orders relating to the COVID-19 health emergency; and WHEREAS, in the interest of public, health, safety and welfare, as affected by the emergency caused by the spread of COVID-19, it is necessary to permit modifications to those 2 L:\ca\COVID-19\Redlands Executive Orders\Redlands Excecutive Order No. 2020-02.docx certain deadlines for the performance of obligations in existing City contracts to further their intent and purpose while maintaining the protection of the public peace, health, and safety; NOW, THEREFORE, THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF REDLANDS HEREBY ISSUES THE FOLLOWING ORDER TO BECOME EFFECTIVE IMMEDIATELY: Section 1. Extension of Contractual Deadlines. Any deadlines for the performance of obligations prescribed in an existing City contract may be tolled, extended, or suspended by the Director of the City Department responsible for oversight of such contract, or his or her designee, with the prior approval of the Director of Emergency Services/City Manager as follows: A. The Director obtains written confirmation from all other parties to the contract that they have no objection to such tolling, extension, or suspension; B. The Director confirms with the Director of Emergency Services/City Manager that the purpose of the parties for entering into the contract will be adversely affected or frustrated without such tolling, extension, or suspension; C. The Director confirms with the Director of Emergency Services/City Manager that the tolling, extension, or suspension of such deadlines will not otherwise adversely affect the parties to the contract and the purposes for which the contract as entered into; D. The Director confirms with the Director of Emergency Services/City Manager that such tolling extension or suspension will have no adverse financial effect upon the City; E. The Director submits a written confirmation of the parties consent to any tolling, extension or suspension of deadlines, and the details thereof with the Office of the Redlands City Clerk for filing in the official records of the City. Section 2. Term. This Executive Order shall remain in effect for the period of local emergency declared in response to COVID-19 within the City. Section 3. Effective Date. This Executive Order is issued for the immediate preservation of the public peace, health and safety and therefore shall be effective immediately upon its issuance. Section 4. Severability. The Director of Emergency Services declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Executive Order for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Executive Order. The Director of Emergency Services hereby declares that it would have adopted this Executive Order and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional by a court of competent jurisdiction.