[Ord. of 1-12-1998(2)]
The provisions of this article are intended to supplement, not
to supersede, the provisions of the State and Local Governmental Conflict
of Interests Act (Code of Virginia, § 2.2-3100 et seq.),
the provisions of the Virginia Governmental Frauds Act (Code of Virginia,
§ 18.2-498.1 et seq.) and provisions of Code of Virginia,
§ 18.2-438 et seq., involving bribery and related offenses.
[Ord. of 1-12-1998(2)]
The words defined in this section shall have the meanings set
forth below throughout this article:
Any person who is an elected or appointed member of City
Council or an employee of the City.
A spouse or any other person residing in the household as
the City official who is a dependent of such official or of whom such
official is a dependent.
Administrative or operating authority, whether immediate
or final, to initiate, approve, disapprove or otherwise affect a procurement
transaction or any claim resulting therefrom.
The meanings attributable to them in Virginia Code, § 2.1-639.2.
All functions that pertain to the obtaining of any goods,
services, insurance or construction, including descriptions of requirements,
selection and solicitation of sources, preparation and award of contract
and all phases of contract administration.
[Ord. of 1-12-1998(2)]
No City official having official responsibility for a procurement
transaction shall participate in that transaction on behalf of the
City when such official knows that:
(1)
The official or any member of the official's immediate family
is contemporaneously employed by or has an ownership interest of 3%
or more in the total equity of the business of a bidder, offeror or
contractor involved in the procurement transaction;
(2)
The official or any member of the official's immediate family
otherwise has a personal interest in the procurement transaction;
(3)
The official or any member of the official's immediate family
holds a position with the bidder, offeror or contractor such as that
of an officer, director, trustee, partner or the like; or
(4)
The official or any member of the official's immediate family
is negotiating with or has an arrangement concerning future employment
with a bidder, offeror or contractor involved in the procurement transaction.
[Ord. of 1-12-1998(2)]
No City official having official responsibility for a procurement
transaction shall solicit, demand, accept or agree to accept from
a bidder, offeror, contractor or subcontractor any payment, loan,
goods, services or anything else of other than nominal value unless
consideration of equal or greater value is exchanged therefor. The
City may recover from the public official the value of anything conveyed
in violation of this prohibition.
[Ord. of 1-12-1998(2)]
No bidder, offeror, contractor or subcontractor shall confer
upon or promise to confer upon any City official having official responsibility
for a procurement transaction any payment, loan, goods, services or
anything else of other than nominal value unless consideration of
equal or greater value is exchanged therefor.
[Ord. of 1-12-1998(2)]
No City official may disclose to a bidder or offeror information
derived from competing proposals that might provide such bidder or
offeror with an unfair advantage over competing bidders or offerors
in making its proposal to the City.
[Ord. of 1-12-1998(2)]
(a)
No contractor or subcontractor shall demand or receive from any of
his suppliers or subcontractors, as an inducement for the award of
an order or subcontract any payment, loan, goods, services or anything
else of other than nominal value, present or promised, unless consideration
of equal or greater value is exchanged therefor.
(b)
No subcontractor or supplier shall make or offer to make kickbacks as described above in Subsection (a) above.
(c)
No person shall demand or receive any payment, loan, goods, services
or anything else of other than nominal value, present or promised,
in return for an agreement not to compete on a City contract.
(d)
If a supplier or subcontractor makes a kickback or other prohibited
payment as described in this section, the amount thereof shall be
conclusively presumed to have been included in the price of an order
or subcontract and ultimately borne by the City and will be recoverable
from either the maker or the recipient by the City.
[Ord. of 1-12-1998(2)]
Except in cases of emergency, no building materials, supplies
or equipment for any building or structure constructed by or for the
City shall be sold by or purchased from any person employed by the
City to furnish architectural or engineering but not construction
services for such building or structure or from any partnership, corporation
or company in which such architect or engineer has a personal interest.
[Ord. of 1-12-1998(2)]
Willful violation of any provision of this article shall constitute
a Class 1 misdemeanor. Upon conviction, any City official, in addition
to any fine or penalty provided by law, shall be subject to disciplinary
action up to and including termination of employment.
