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STANDARD PROCUREMENT POLICY& FEDERAL EMERGENCY CONTRACTING <br /> under"blue-sky" conditions; i.e., not in direct response to a federally declared emergency or <br /> disaster. Nonetheless, these awards have the potential to be used or activated in a disaster <br /> situation. Accordingly, staff should carefully consider whether it is foreseeable that a purchase <br /> or task order could be issued under a pre-existing blue-sky contract to address disaster-related <br /> needs. If so, these blue-sky contracts and procurements should be treated as federal contracts <br /> and procured in compliance with the requirements provided in Part B. Use of a pre-existing <br /> contract that was not procured according to the procedures in Part B in response to a federally <br /> declared emergency or disaster may result in disallowance or de-obligation of costs otherwise <br /> eligible for federal financial assistance. <br /> "Part B—Federal Emergency Contracting Policy& Procedures" applies to contracts and <br /> procurements that may be funded in whole or in part with federal financial emergency <br /> assistance, such as those awarded in response to a disaster, which has been, or which the City <br /> anticipates will be declared as such by the President of the United States. The requirements <br /> under Part B of this Policy are intended to be greater than or equal to those under Part A. If Part <br /> A contains more stringent requirements than Part B,the stricter requirement will apply to <br /> federally funded contracts. <br /> 1.4 GOVERNING LAWS <br /> This policy is governed the City of Everett Charter, the Everett Municipal Code and ordinances <br /> and policies; relevant laws of the State of Washington; relevant federal laws, and any additional <br /> federal or grant requirements when applicable. When a conflict occurs, unless otherwise <br /> required by applicable law,the stricter of the law, rule or regulation, prevails. <br /> 1.4.1 CITY OF EVERETT CHARTER <br /> Per City of Everett Charter Section 4.13, <br /> "The Council shall establish the procedures for making bids and letting contracts by ordinance <br /> not in conflict with other provisions of this charter and the laws of the State of Washington." <br /> 1.4.2 CONTRACTS AND DOCUMENTS— EXECUTION OF <br /> Per City of Everett Charter Section 4.14, <br /> "All written contracts, bonds and instruments of every kind and description to which the City <br /> shall be a party shall be approved as to form and legality by the City Attorney, and executed in <br /> the name of the City by the Mayor or, in accordance with written guidelines approved by <br /> Council, by his or her Chief Administrative Assistant or designated department head(s), and <br /> attested by the Clerk and when necessary, shall be acknowledged by such officers." (Amended <br /> 11-5-96). <br /> 1.4.3 ESTABLISHMENT OF DUTIES AND AUTHORITY <br /> Purchase orders commit City funds for the acquisition of goods or services. In their capacity as <br /> City purchasing agents, only the Procurement Manager, Procurement Division Staff, and Buyers <br /> are authorized to issue and sign purchase orders on behalf of the City in accordance with <br /> applicable law and this policy. <br /> Page 3 of 57 <br />