(A) The value of anything transferred or received in violation of these provisions by any official or employee or a nonemployee may be recovered from both the employee, official and/or the nonemployee.
(B) Upon a showing that a subcontractor made a kickback to a prime contractor or a higher-tier subcontractor in connection with the award of a subcontract, or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order, and ultimately borne by the local public agency, and will be recoverable hereunder from the recipient. In addition, the value may also he recovered from the subcontractor making such kickbacks. Recovery from one offending party shall not preclude recovery against other offending parties.
(Ord. 121.42, passed 10-27-20)