§ 102-466. Contingent fees.

(a)

Prohibition. It shall be unethical for a person to be retained or to retain a person to solicit or secure a county contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees of bona fide established commercial selling agencies for the purpose of securing business.

(b)

Contract clause required. Every county contract or purchase order shall contain the clause prohibiting contingent fees, as follows:

"The vendor or contractor or firm warrants that it has not employed or retained any company or person, other than a bona fide employee working for the vendor or contractor or firm, to solicit or secure this contract or purchase order; and that the vendor or contractor or firm has not paid or agreed to pay any person, company, association, corporation, individual or firm, other than a bona fide employee working for the vendor or contractor or firms, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this agreement. For the breach or violation of the above warranty, and upon a finding after notice and hearing, the county shall have the right to terminate the contract or purchase order without liability, and, at its discretion, to deduct from the contract or purchase order price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration." The requirement of incorporating the clause prohibiting contingent fees into purchase orders and contracts shall be considered met when such quoted language is set forth in an exhibit attached to the contract and appropriate language incorporating the exhibit into the contract is set forth in the contract."

(Res. No. 13-0052, 1-23-13)