086-16 - Resolution - Setting Forth Standards of Conduct and Written ProceduresRESOLUTION NO.086-16
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, SETTING
FORTH STANDARDS OF CONDUCT AND WRITTEN PROCEDURES IN
ACCORDANCE WITH THE CODE OF FEDERAL REGULATIONS
WHEREAS, the City is an active participant in federal grant applications and when
successful receives federal grants proceeds for transportation, law enforcement, water/sewer
and storm drainage utilities, and other worthwhile public benefits and as a recipient of Federal
funds the City is obligated to certain rules, regulations, and codes; and
WHEREAS, the Code of Federal Regulations (CFR) is the codification of the general and
permanent rules published in the Federal Register by the departments and agencies of the
Federal Government and one such rule, Title 2: Grants and Agreements §200.318 General
procurement standards requires that a non -Federal entity (a local government) must use its own
documented procurement procedures which reflect applicable State, local, and tribal laws and
regulations, provided that the procurements conform to applicable Federal law and the standards
outlined in §200.318; and__
WHEREAS, the rule requires Standards of Conduct and Written Procedures in accordance
with the Code of Federal Regulations. Standards of Conduct and policy cover conflicts of interest
for employees and agents engaged in the selection, award and administration of contracts and
the Written Procurement Policies and Procedures are required to reflect applicable state and
local laws so long as the procedures conform with applicable federal standards (for example, if
state or local rules are more restrictive than federal, the more restrictive will suffice) and if state
or local laws do not conform with federal rules, the policies need to outline when the federal
rules are applicable and describe the methods to be used that are in accordance with federal
stands; and
WHEREAS, the Standards of Conduct must contain the following elements:
1. The officers, employees, and agents may not participate in the selection, award, or
administration of a contract support by a Federal award if they have a real or apparent conflict of
interest.
2. The officers, employees, and agents may neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors or parties to subcontracts.
3. But, grantees may set standards for situations in which the financial interest is not
substantial or the gift is an unsolicited item of nominal value.
4. Must include disciplinary actions for violations of such standards.
WHEREAS, Written Procurement Policies and Procedures are required to reflect
applicable state and local laws, so long as the procedures conform with applicable federal
standards (for example, if state or local rules are more restrictive than federal, the more
restrictive will suffice). If state or local laws do not conform with federal rules, the policies
need to outline when the federal rules are applicable and describe the methods to be used that
Resolution No. 086-16
Page 2 of 2
are in accordance with federal stands, now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The following Standards of Conduct apply to the City of Port Orchard; officers,
employees, and agents may not participate in the selection, award, or administration of a
contract support by a Federal award if they have a real or apparent conflict of interest; officers,
employees, and agents may neither solicit nor accept gratuities, favors, or anything of
monetary value from contractors or parties to subcontracts; City employees are limited to the
acceptance of gifts as prescribed in RCW 42.52.150 Limitation of gifts, employees violating the
Standards of Conduct are subject to disciplinary action commensurate with the severity of the
violation, ranging from a letter of reprimand to termination of employment.
THAT: The City of Port Orchard Written Procurement Policies and Procedures shall apply
the most restrictive applicable state and local laws so long as the procedures conform with
applicable federal standards and if state or local laws do not conform with federal rules, City
policies shall outline when the federal rules are applicable and describe the methods to be used
that are in accordance with federal stands. Written Procurement Policies and Procedures shall
be filed with City Clerk and maintained in the office of the Public Works Director, and available
to the public upon request.
THAT: Resolution No. 086-16 of the City of Port Orchard is hereby approved.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the
City Clerk in authentication of such passage this 20th day of December 2016.
ATTEST:
randy Rinearson, CMC, City Clerk
Robert Putaansuu, Mayor
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