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ARTICLE VIII. ETHICS IN PUBLIC CONTRACTING
To the extent that violations of the ethical standards of conduct set forth in this article constitute violations of the Utah Criminal Code they shall be punishable as provided therein. Such penalties shall be in addition to the civil sanctions set forth in this chapter. Criminal, civil, and administrative sanctions against employees or nonemployees which are in existence on the effective date hereof shall not be impaired. (Ord. 17-14)
A. It shall be unethical for any City employee to participate directly or indirectly in a procurement agreement when the City employee knows that:
1. The City employee or any member of the City employee's immediate family has a financial interest pertaining to the procurement agreement; or
2. Any other person, business, or organization with whom the City employee or any member of a City employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement agreement.
B. A City employee or any member of a City employee'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. (Ord. 17-14)
A. Gratuities: It shall be unethical for any person to offer, give, or agree to give any City employee or former City employee, or for 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 an agreement or subcontract, or to any solicitation or proposal therefor.
B. Kickbacks: It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under an agreement to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.
C. Agreement Clause: The prohibition against gratuities and kickbacks prescribed in this section shall be conspicuously set forth in every agreement and solicitation therefor. (Ord. 17-14)
It shall be unethical for a person to be retained, or to retain a person, to solicit or secure a City agreement 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. 17-14)
The Mayor may grant a waiver from the employee conflict of interest provision (section 3.10.520, "Employee Conflict Of Interest", of this chapter) or the contemporaneous employment provision (section 3.10.550, "Contemporaneous Employment Prohibited", of this chapter) 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. 17-14)
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