§ 2-268. Contractual violations and recovery.

(a)

If any court of competent jurisdiction or the ethics commission determines that any contract with the unified government involves acts or omissions on the part of any person in violation of any provision of this division, the contract may be terminated upon such terms and conditions as may be approved by the unified government commission.

(b)

A unified government representative who is subject to the provisions of this division and who is found by the ethics commission to have violated its provisions is subject to disciplinary action by the ethics commission in accordance with personnel policies, this division, contracts with designated bargaining units, or applicable laws.

(c)

Value transferred or received in breach of ethical standards may be recovered as follows:

(1)

Recovery of value transferred or received in breach of ethical standards; general provisions. The value of anything transferred or received in breach of this division or regulations promulgated thereunder by unified government representative may be recovered from the unified government representative.

(2)

Recovery of kickbacks by the unified government. Upon showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the unified government and will be recoverable hereunder from the recipient. In addition, said value may also be recovered from the subcontractor making such kickbacks. Recovery from one offending party shall not preclude recovery from other offending parties.

(Ord. No. O-75-09, § 1, 10-1-2009)