b. the superintendent, business administrator, a principal, a vice principal, or the chief assistant or deputy of the superintendent, business administrator, or of a principal or vice principal; or c. any other individual who, by title or primary responsibility, does not have procurement decision making authority. 10. “Public agency” means the following entities and all officials, employees, and official representatives of the following entities: a. a city, town, county, school district, local district, special service district, or other political subdivision of the state of Utah; b. the state of Utah or any department, division, or agency of the state of Utah; c. any agency of the United States; d. any political subdivision or agency of another state or the District of Columbia, including any interlocal cooperation or joint powers agency formed under the authority of the laws of another state or the District of Columbia; and e. any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. Utah Code § 63G-6a-2402 (2017) Unlawful Conduct and Exceptions It is unlawful and a violation of this policy: 1. for a person who has or is seeking a contract with the District knowingly to give, or to offer, promise, or pledge to give, a gratuity or kickback to a. the District; b. a procurement professional or contract administration professional; or c. an individual who the person knows is a family member of a procurement professional or contract administration professional. 2. for a procurement professional or contract administration professional, or a family member of either, knowingly to receive or accept, offer or agree to receive or accept, or ask for a promise or pledge of a gratuity or kickback from a person who has or is seeking a contract or grant from the District. It is not unlawful for the District to give, offer, promise, or pledge to give a contribution to another public agency. It is not unlawful or a violation of this policy for a person: 1. to give or offer, promise, or pledge to give a contribution to the District unless that is done with the intent to induce the District in exchange to (a) award a contract, (b) make a procurement decision, or (c) take an action relating to the administration of a contract or grant. 2. to give or offer, promise, or pledge to give something of value to an organization to which a procurement professional or contract administration professional belongs unless that is done
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