Avoidance of Conflicts Under Contracts Subject to Uniform Guidance Regulations
For City funded projects subject to the Uniform Guidance provisions of the United States related to use, procurement and reporting of federal funds, 2 CFR Part 200, (including funds issued under ARPA), no officer, employee or agent of the City of Lancaster will participate in the selection, award, or administration of a contract if they have a real or apparent conflict of interest.
A real or apparent conflict of interest would arise if such an officer, employee, or agent of the City of Lancaster, any member of such officer, employee, or agent’s immediate family, such officer, employee, or agent’s partner, or an organization which employs or will soon employ any of the above -mentioned individuals has a financial or other interest in or would receive a tangible personal benefit from a proposer being considered for a contract with the City of Lancaster.
For each solicitation being made under the American Rescue Plan Act (“ARPA”), the City will establish a review committee of individuals who are not associated with or who do not have immediate family members which are associated with, any proposers for such funding. When proposals are recommended to City Council for approval, the Administration and City Council will assure that any Council Members who have any actual or apparent conflicts of interest with the proposer recuse themselves from any discussion and subsequent vote on the proposal or award thereof.
Once an award of ARPA funds is made by City Council and/or by Administration under City Council’s direction, Administration will take steps to ensure that no employee or officer of the City who has an actual or apparent conflict of interest with the proposer will be responsible for administering that contract.
Officers, employees, and agents of the City of Lancaster may neither solicit nor accept any gratuity, gift, favor, or anything of monetary value from any proposer that is a party to a contract with the City subject to the terms of this policy or with any party to a subcontract under such a contract.
Conflicts of interest are defined in the State Ethics Act for the Commonwealth of Pennsylvania as use by a Public Official or Public Employee of the authority of their office or employment or any confidential information received through their holding public office or employment for the private pecuniary benefit of themselves, a member of their immediate family or business with which they or a member of their immediate family is associated. The term does not include an action having a de minimis economic impact or which affect to the same degree a class consisting of the general public or subclass consisting of an industry, occupation or other group which includes the Public Official or Public Employee, a member of their immediate family or a business with which they or a member of their immediate family is associated.
