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HomeMy WebLinkAbout16-84 RESOLUTION-••• f• "x RESOLUTION NO. 16-84 A RESOLUTION APPROVING A CODE OF CONDUCT FOR CITY EMPLOYEES, OFFICERS AND AGENTS IN THE AWARD FOR ADMINISTRATION OF A CONTRACT SUPPORTED -BY FEDERAL FUNDS. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Board of Directors hereby approves and adopts the:dode of conduct set out in Exhibit "A" attached hereto and made a part hereof. PASSED AND APPROVED this 7th day of February, 1984. • APPROVED: By2inedelalY Mayor • CODE OF CONDUCT 1. No employee, officer or agent of the City of Fayetteville shall parti/4 cipate in selection, or in the award or administration of any city contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of the following has a financial interest in the firm selected for award: a. The employee, officer or agent; b. Any member of his immediate family; c. His or her partner; or d. An organization which employs, or is about to employ, any of the above. 2. The City of Fayetteville's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements. 3. It shall be unethical for any City employee to participate directly or indirectly in a procurement contract when the City employee knows that: a. The City employee or any member of the City employee's immediate family has a financial interest pertaining to the procurement contract; or b. Any other person, business, or organization with whom the City employee or any member of a City employee's immediate family is negotiating or has an arrangement concerning prospective employ- ment is involved in the procurement contract. A City employee or any member of a City employee's immediate family who holds a financial interest dn a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest. 4. It shall be unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of ad- vice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program require- ment or a contract or subcontract, of to any solicitation or proposal therefor. EXHIBIT.._ .A. Page two. It shall be unethical for any payment, gratuity, or offer of employ- ment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. The prohibition aganinst gratuities and kickbacks prescribed in this Section shall be conspicuously set forth in every contract and solicitation therefor. S! It shall be unethical for a person to be retained, or to retain a person, to solicit or secure a City contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. 6. It shall be unethical for any City employee who is participating directly or indirectly in the procurement process to become or to be, while such a City employee, the employee of any person contracting with the governmental body by whom the employee is employed. 7. The Board of Directors may grant a waiver from the employee conflict of interest provision ( Section 4) or the contemporaneous employment provision Section 6) upon making a written determination that: a. the contemporaneous employment of financial interest of the City employee has been publicly disclosed; b. The City employee will be able to perform its procurement functions without acutal or apparent bias or favoritism; and c. the award will be in the best interest of the City. 8. It shall be unethical for any employee or former employee knowingly to use confidential information for actual or anticipated personal gain or for the actual or anticipated personal gain of any other person. 9. The City Manager or Board of Directors may impose any one or more of the following sanctions on a City employee for violations of the ethical standards in this Code of Conduct: a. oral or written warnings or reprimands; b. suspension with or without pay for specified periods of time; or c. termination of employment. The Board of Directors may. impose any one or more of the following sanctions on a nonemployee for violations of the Code of Conduct. a. written warnings or reprimands; b. termination of contracts. • Page Three 10.' The value of anything transferred or received in breach of the ethical standards of this Ordinance by a City employee or a nonemployee maygbe recovered from both City employee and nonemployee. Upon a showing that a subcontractor made a kickback to a prime con- tractor or a higher tier subcontractor in connection with the award of a subcontractoor order thereunder, it shall be conclusively presumed thatt the amount thereof was included in the price of the subcontract or order and ultimately borne by the City and will be recoverable hereunder from the recipient. In addition, that amount may also be recovered from the sub- contractor making such kickbacks. Recovery from one offending party shall not preclude recovery from other offending parties. •