(A) Standards. All parties involved in the negotiation, performance or administration of city contracts are required to act in good faith. Additionally, it is the policy of the city for employees to maintain high standards of honesty, integrity, impartiality, courtesy and conduct. The procurement agent or authorized designee is authorized to take steps to ensure compliance with the following ethical standards.
(1) It is an affirmative obligation for city employees to perform their responsibilities in such a manner to assure fair competitive access to governmental procurement by responsible vendors.
(2) No employee of the city shall engage in acts that, in the reasonable judgment of the City Manager or his or her designee, would result in a loss of confidence in the integrity of the city’s procurement process. Such acts would include, but are not limited to:
(a) Receipt of gifts or services of more than a de minimis value from a prospective vendor;
(b) Statements to a vendor that they will be awarded the contract based on personal knowledge or relationships with city employees, without an evaluation of their submittal;
(c) Failure of a city employee sitting on a review committee to disclose any prior or current conflict or business or financial relationship with a proposed vendor;
(d) Criticism of one vendor to another vendor who is competing for the same procurement prior to contract award; or
(e) Any acts similar to those outlined in divisions (A)(2)(a) through (d) of this section. For purposes of this procurement code, DE MINIMIS VALUE is defined as $25 or less from any single party in any calendar year.
(3) City employees responsible for participation in procurement by virtue of their positions shall make reasonable efforts to ensure that contractors doing business with the city are aware that they are expected to observe these same ethical standards. Violation of these standards shall constitute grounds for termination of a contract with the city and debarment of the vendor from doing any further business with the city.
(B) Ethical violations.
(1) In addition to any applicable state law, it is a violation of this procurement code:
(a) For any person to attempt to or influence any city employee to violate the provisions of ethical conduct set forth in this procurement code.
(b) For any person preparing plans or specifications pursuant to this procurement code, or any policy or procedure of the city, to receive any direct pecuniary benefit from the utilization of these plans or specifications.
(c) For any employee or agent acting on behalf of the city to directly or indirectly participate in, or benefit or receive any pecuniary benefit from, a procurement solicitation in violation of state or federal law.
(d) For any person to offer, give or agree to give any employee or former employee of the city, or for any employee or former employee of the city to solicit, demand, accept, or agree to accept from another person, any valuable thing or valuable benefit that would not accrue in the performance of their official duties, or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing content of any specification or procurement standard, rendering of advice, investigation, auditing or in any advisory capacity in any proceeding or application request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement of a contract or subcontract, or to any solicitation or proposal therefor.
(e) 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 of any person associated therewith, as an inducement for the award of a subcontract or order. Violation of this standard shall constitute grounds for termination of a contract with the city and debarment of the vendor from doing any further business with the city.
(f) 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, established, selling agencies for the purpose of securing business.
(g) For any employee who is participating directly or indirectly in a procurement process to become the employee of any person under contract with the city concerning any matters that the employee participated in during the same procurement process for a period of 12 months following their employment with the city.
(h) For any employee or former employee of the city to disclose or use confidential information acquired by the employee in the performance of their official duties for anticipated pecuniary benefit, or for the actual or anticipated pecuniary benefit of any person.
(2) It is no defense to a violation of this section that the employee to whom a benefit or offer of employment was made, or agreed to be made, was not qualified to act in the desired manner.
(3) An employee or person violates this section by intentionally or knowingly engaging in a violation or by recklessly or negligently engaging in a violation. The person’s state of mind shall only be considered in imposing the penalty for such violation.
(Ord. 1462, passed 9-18-2018)