O-10-21 Amending portions of chapter 3.08 relating to biddin, contracting and puchases of supplies, services and equipment

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2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vii. Section 3.08.045 of the Colton Municipal Code is added to read as follows: The purpose of this section is to set forth the ethical standards of professional behavior expected of all officials and employees conducting purchasing activities on behalf of the City. It is of the highest importance that the taxpayers, residents, and business of the City of Colton have complete confidence in the integrity of their public servants. This need is especially critical in the role of procurement of goods, services, and public projects for the City's operational requirements. All City employees are required to exemplify high standards of integrity in their individual conduct and are responsible to ensure that they transact procurement activity consistent with City policies and procedures and applicable Federal, State, and local laws and regulations. A. Responsibility to follow ethical standards in purchasing 1. Employees. Each employee engaged in purchasing activities on behalf of the city is responsible for following standards prescribed herein. Violation of these standards may result in disciplinary action, termination of employment or criminal prosecution against the employee. 2. Department Heads. Department Heads must ensure all employees within their respective department who conduct purchasing activities are aware of and thoroughly understand the ethical standards of conduct in purchasing and the prohibited practices prescribed in this chapter. 3. City Manager. The City Manager must ensure all department heads who conduct purchasing activities are aware of and thoroughly understand the ethical standards of conduct in purchasing and the prohibited practices prescribed in this chapter. B. Prohibited Practices. Purchasing officers and their designees are specifically prohibited from: 1. Having a financial or personal beneficial interest (directly or indirectly) in any contract or purchase order for supplies, equipment, services, or projects furnished to the city. No officer or employee shall participate in the procurement or selection process when such officer or employee has a relationship with a person or business entity seeking a contract under this chapter which would subject such officer or employee to the prohibition of California Government Code section 87100 et seq., or Government Code section 1090. 2. Accepting or receiving (directly or indirectly) from any person, firm, or corporation to whom any contract or purchase order may be awarded (by rebate, gift or otherwise) any money or anything of material value, or any promise, obligation or contract for future reward or compensation. Inexpensive advertising items bearing the name of the firm —such as pens, pencils, paper weights, calendars, or other promotional material —are not considered articles of value or gifts in relation to this policy. 3. Using information available to officials and employees, solely because of their city position, for personal profit, gain or advantage. 4. Furnishing services or information not available to all prospective bidders or to the public, or causing such services or information to be furnished, to any person or entity bidding on reasonably expected to bid on a contract with the city. 5. Providing confidential information to persons to whom issuance of such information has not been authorized. 23152.06000\24600698.2 - 3