(1)
It
shall be unethical for any City Employee or City official to participate
directly or indirectly in a procurement Contract when the City Employee
or official knows that:
(a)
The City Employee or official, or any member of the City Employee's
or official'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 official, or any member of the City Employee's or official's
immediate family is negotiating or has an arrangement concerning prospective
employment is involved in the procurement Contract.
(2)
A
City Employee or City official, or any member of the City Employee's
or official's immediate family who holds a financial interest
in a disclosed blind trust shall not be deemed to have a conflict
of interest with regard to matters pertaining to that financial interest.
(3)
No
City Employee nor official shall purchase any goods, supplies, equipment,
etc., from the City unless the goods, supplies, equipment and materials
are offered to the general public on the same terms and conditions
as those applicable to the Employee or official, or as the result
of a competitive bid process open to the public.
(4)
City
Employees or City officials who approve the designation of City Property
as surplus or recommend an item be surplused are ineligible to purchase
said items under any process, including competitive bid.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
(1)
Gratuities.
It shall be unethical for any person to offer, give, or agree
to give any City Employee or former City Employee, or 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 advice, 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 requirement or a contract or subcontract, or to any solicitation
or proposal.
(2)
Kickbacks.
It shall be unethical for any payment, gratuity, or offer of
employment 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.
(3)
Contract
Clause.
The prohibition against gratuities and kickbacks prescribed
in this section shall be conspicuously set forth in every Contract
and Solicitation.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
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.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
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 City Employee, the Employee of any person contracting
with the City.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
The City Council may grant waiver from the employee conflict of interest provision (Section 7.10.010, Employee conflict of interest) or the contemporaneous employment provision (Section 7.10.040, Contemporaneous employment prohibited) upon making a written determination that:
(a)
The
contemporaneous employment or financial interest of the City Employee
has been publicly disclosed;
(b)
The
City Employee will be able to perform its procurement functions without
actual or apparent bias or favoritism; and
(c)
The
award will be in the best interests of the City.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
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.
(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)
