20-6-636. Prohibition against contingent fees -- penalty.
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20-6-636 . Prohibition against contingent fees -- penalty.
(1)Each contract entered into by a school district for architectural services shall contain a prohibition against contingent fees as follows: "The architectural firm warrants that it has not employed or retained any company or person, other than a bona fide full-time employee, to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide full-time employee, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement." Upon the breach or violation of this prohibition, the trustees shall have the right to terminate the agreement without liability and, at their discretion, to deduct from the contract price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration.
(2)Any individual, corporation, partnership, firm, or company, other than a bona fide full-time employee, is prohibited from offering, agreeing, or contracting to solicit or secure school district contracts for architectural services for any other individual, company, corporation, partnership, or firm.
(3)A public official or employee is prohibited from soliciting or securing, whether for consideration or not, a contract for professional services for another.
(4)A person convicted of violating subsection (1), (2), or
(3)of this section shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.