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36. Anew section, designated Section 12-285, is added to the Code of the City of <br />Portsmouth, Virginia (2006) as follows: <br />Sec. 12-285 -Kickbacks <br />(al No contractor or subcontractor shall demand or receive from anv of his suppliers or <br />his subcontractors, as an inducement for the award of a subcontract or order anv <br />payment loan subscription advance deposit of money services or anything <br />present or promised. unless consideration of substantially equal or greater value is <br />exchanged. <br />(bl No subcontractor or supplier shall make or offer to make kickbacks as described in <br />this section. <br />Icl No person shall demand or receive anv payment loan subscription advance deposit <br />of money, services or anything of value in return for an agreement not to compete on <br />a public contract <br />(d) If a subcontractor or supplier makes a kickback or other prohibited payment as <br />described in this section. the amount thereof shall be conclusively Presumed to have <br />been included in the price of the subcontract or order and ultimately borne by the <br />public body and shall be recoverable from both the maker and the recipient <br />Recovery from one offending party shall not preclude recovery from other offending <br />ap rties. <br />37. Anew section, designated Section 12-286, is added to the Code of the City of <br />Portsmouth, Virginia (2006) as follows: <br />12-286. -Participation in bid preparation: limitation nn snhmittina hiri fnr ~a.»p <br />procurement. <br />No person who. for compensation prepares an invitation to bid or request for <br />proposals for or on behalf of a public body shall (11 submit a bid or proposal for that <br />procurement or any portion thereof or (21 disclose to any bidder or offeror information <br />concerning the procurement that is not available to the Public However a public body <br />ma permit such person to submit a bid or proposal for that procurement or any portion <br />thereof if the public body determines that the exclusion of the person would limit the <br />number of potential qualified bidders or offerors in a manner contrary to the best interests <br />of the public body. <br />27 <br />