2357 conflict of interest policy for Procurement of Goods & Service r
V ti
RESOLUTION NO. .2-3S 7
A RESOLUTION ADOPTING A CONFLICT OF INTEREST POLICY FOR THE
PROCUREMENT OF GOODS AND SERVICES
WHEREAS, the City of West Memphis ("City") has always adhered to the statutory
conflict of interest requirements as prescribed under Ark. Code Ann. § 14-42-107 and§ 21-8-304;
and
WHEREAS, the City receives and administers state and federal financial assistance and
must comply with the procurement and conflict of interest requirements set forth in 2 C.F.R. Part
200,including §§ 200.112 and 200.318(c); and
WHEREAS, federal rules and regulations requires the City to maintain written standards
of conduct governing the performance of its employees,officers,and agents engaged in the award
and administration of contracts; and
WHEREAS, the purpose of this Resolution is to adopt a written policy covering conflicts
of interest in regards to the procurement process. •
NOWTHEREOFRE, LET IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS
Section 1. Purpose and Authority.
This policy establishes the standards of conduct governing conflicts of interest in connection with
the procurement, award, and administration of contracts issued by the City of West Memphis.
This Policy is adopted pursuant to:
Arkansas Code Annotated 14-42-107;
Arkansas Code Annotated 21-8-304; and
2 CFR Part 200 Uniform Grant Guidance,including §§ 200.113!and 200.318(c).
Section 2. Applicability
This Policy applies to and covers all elected officials, officers, employees, and agents of the City,
• • as well as any person involved in the procurement, developing specifications, soliciting bids or
proposals, evaluating offers, contract selection, contract award, contract administration and
includes any subrecipient, contractor,or consultant acting on behalf of the City.
Section 3. Conflict of Interest
(a)A conflict of interest exists when any covered person has a real or apparent conflict in their
participation in the procurement process, including a direct or indirect financial interest,
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organization interest, or personal or immediate family interest in the procurement; that could
influence decision-making or create an appearance of impaired judgment.
(b) Immediate family includes spouse, domestic partner,parents, children, siblings, grandparents,
grandchildren, in-laws, and any person residing in the same household
(c)-An organizational conflict of interest exist where a contractor,consultant,subrecipient,or other
entity has relationships, duties, or financial interests that may impair its objectivity, provide and
unfair competitive advantage, or otherwise compromise the integrity of the procurement processl
(d) Financial interest includes ownership interest, compensation arrangements, employment
relationships,consulting arrangements,commissions, contingent fees,gifts, loans, investments,or
any other direct or indirect economic benefit,T�
Section 4. Prohibited Conduct and Standards of Conduct
No covered individual shall participate in the selection, award, or administration of a contract
supported by state or federal funds in any procurement if they have a real conflict of interest or an
apparent conflict of interest.All procurement actions shall be conducted in full compliance with
all applicable federal,state,and local laws,regulations,ordinances,and funding requirements,and
in accordance with the City's standards of conduct and conflict of interest policies. No covered
individual shall solicit or accept gifts, favors, gratuities, or anything of monetary value from
contractors or potential contractors intended to influence procurement decisions.
Section 5. Disclosure Requirements
Any covered individual who becomes aware of a potential conflict must disclose the conflict in
writing to the City's Procurement Officer or designated official. The disclosure must include: (1)
the nature of the conflict; (2) the parties involved; and (3) the real or apparent conflict. Upon
disclosing the conflict, the covered individual shall immediately cease participation in the
procurement. The City shall maintain written records of all conflict disclosures, determinations,
and resolutions in accordance with applicable record retention requirements.
Section 6. Violations
• Violations of this policy may result in disciplinary action including, but not limited to, removal
from procurement activities,cancellation or voiding of contract awards,and termination.The City
reserves the right to reject bids, terminate contracts and pursue all remedies available under law
for violations of this Policy. If the City determines that a violation of this Policy has occurred, or •
that a real or apparent conflict of interest exists that was not properly disclosed,the City may take
any action necessary to protect the integrity of the procurement process,including but not limited
to:
•
1. Disqualifying the bidder, proposer, contractor, or individual from participation in the
procurement;
2. Rejecting any bid,proposal, or offer;
3. Suspending or terminating a procurement process;
4. Cancelling,rescinding,or declaring void any contract award;
5. Terminating any contract entered into as a result of a tainted procurement process.
For procurements funded in whole or in part by federal funds, the City shall take all necessary
actions to comply with federal requirements, including removal of conflicted individuals from
participation,documentation of the violation and implementation of corrective measures to ensure
continued eligibility for federal funding,Jl'he City shall timely disclose, in writing, all violations
of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting
federal award in accordance with 2 C.F.R. § 200.113 f
Section 7. Certification
•
All covered individuals participating in procurement shall certify, prior to participation, that no
conflict exists, or, in the instance a conflict may exist, disclose any potential conflict. [The Cit 1
may require contractors,consultants,and subrecipients involved in federally funded procurements
Ito certify compliance with this Policy and applicable federal conflict of interest requirements 1
Section 8. Compliance with State Law
Nothing in this policy shall be interpreted to supersede Arkansas law governing conflict of interest,.
but rather supplement existing local, state,and federal laws,rules, and regulations.
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C,�y
PASSED AND APPROVED this/ day of/�( ,� ,2026
MARCO MCCLENDON, MAYOR
ATTEST:
/�r4/
Patricia Joplin, City Cler