§ 39.042 GRATUITIES AND KICKBACKS.
   (A)   Gratuities. It shall be a violation of this chapter for any person to offer, give, or agree to give any current or former public official, employee or member of a board or commission, or for such current or former public official, employee or member of a board or commission to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any of the following pertaining to any program requirement or a contract or purchase order, or to any solicitation or proposal therefore:
      (1)   Decision;
      (2)   Approval;
      (3)   Disapproval;
      (4)   Recommendation;
      (5)   Preparation of any part of a program requirement or a requisition;
      (6)   Influencing the content of any specification or procurement standard; or
      (7)   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.
   (B)   Kickbacks. It shall be a violation of this chapter for any payment, gratuity or offer of employment to be made, as an inducement for the award of a subcontract or order, by or on behalf of a subcontractor, the prime contractor or higher tier subcontractor or any person associated therewith, under a contract or purchase order to the city.
   (C)   Contract and purchase order clause. The prohibition against gratuities and kickbacks prescribed in this section, and the remedies set forth herein, shall be conspicuously set forth in every contract or purchase order, as these terms are defined in Chapter 38, and any solicitation therefor.
(Ord. passed 8-11-2003)