Pomona Municipal Code Div. 3 Ethics in Public Contracting

The procurement officer, as well as those involved in City of Pomona procurement shall discharge their duties in accordance with high ethical standards by practicing their profession with integrity, honesty, truthfulness and adherence to the absolute obligation to safeguard the public trust.

(Ord. No. 4276, § 3, 1-6-2020)

(a) Gratuities. The procurement officer and all other officers and employees of the city are prohibited from accepting or receiving directly or indirectly from any person to which any purchase order or contract is or might be awarded, any rebate, gift or money, including any rebate or discount in the price of anything of value, or any promise, obligation or contract for future reward or compensation, unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. The offer of such gratuity to an official or employee by any supplier or contractor shall be cause for declaring such individual to be an irresponsible bidder and for preventing supplier from bidding on any open market purchase or service. Exceptions to this provision are outlined in City of Pomona Administrative Policy #10.

(b) Kickbacks. It shall be a breach of ethical standards 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 or any person associated therewith, as an inducement for the award of a subcontract or order.

(Ord. No. 4276, § 3, 1-6-2020)

(a) No officer or employee of the city may contract with any person related to any officer or employee of the city by blood or marriage for materials, supplies, services and equipment unless the purchase is by competitive bid and the person so related submits the lowest responsible bid therein. No officer or principal of the supplier, nor any subcontractor may be employed or have been employed, either full or part time, by the City of Pomona either currently or within the last two years. An exception to this section may be granted by approval of the city council. All successful construction or service bidders must sign and adhere to the city's statement of non-collusion.

(b) Any unauthorized contact by the bidder during the bid or proposal process with an official or city employee, other than those shown on the RFP or bid, the finance director, or procurement officer, shall cause the bidder to be immediately disqualified from consideration of award.

(c) City employees and officials shall be prohibited from engaging in and/or awarding procurements when:

(1) Having a financial or personal beneficial interest (directly or indirectly) in any contract or purchase order for materials, supplies, equipment, services, or projects furnished to the city.

(2) Using information available to officials and employees, solely because of their city position, for personal profit, gain or advantage.

(3) Directly or indirectly furnishing or withholding services or information not available to all prospective bidders, or who may reasonably be expected to bid on, a contract with the city.

(4) Using a position or status in the city to solicit (directly or indirectly) business of any kind; or to purchase products at special discounts or upon special concessions for personal private use from any person or firm who sells or solicits sales to the city.

(5) Serving the interest of any organization which transacts or attempts to transact business with the city for profit when such employee holds a city position of review or control over such business transactions.

(Ord. No. 4276, § 3, 1-6-2020)