(A) Any other provision of law to the contrary notwithstanding, the city or any of its departments or agencies, as the case may be, “shall not enter into an agreement or otherwise contract with” any “business entity” for “professional services” if within one calendar year immediately preceding the date of the contract or agreement that “business entity” has made any contribution of money, or pledge of a contribution, including an in-kind contribution, in excess of the amounts specified in I.C. 3-9-2-4(7) (a provision dealing with “Contributions by Corporations and Labor Organizations” as it relates to local offices) apportioned in any manner among all City of Fort Wayne candidates for or holders of a public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidates or officeholders, or any city or Allen County party committee supporting such candidates or officeholders, or to any political action committee (PAC) that regularly engages in the support of municipal elections and/or municipal parties in the City of Fort Wayne. If a contract is awarded pursuant to state statute to the lowest responsive bidder this ordinance shall not apply.
(B) Any other provision of the law to the contrary notwithstanding, the city or any of its departments or agencies as the case may be, “shall not enter into negotiations with or accept bids” of any nature from any “business entity” for “professional services” without sending written notification to bidders of the provisions of this ordinance. Such notice shall also inform bidders that the city, its departments and agencies will not enter into an agreement for “professional services” with any “business entity” that is in violation of subparagraph (A) of this section or who has not otherwise complied with this section.
(C) For purposes of this section, a BUSINESS ENTITY means and includes any natural or legal person providing or offering to provide “professional services” to the City of Fort Wayne. A natural or legal person includes an individual(s), firm, proprietorship, corporation, limited liability company, professional corporation, partnership, or any other organization or association. Each officer of the “business entity”, and all partners, principals, or others in the “business entity,” who have any ownership interest or distributive share of ten percent (10%) or more of the “business entity”, and all subsidiaries directly controlled by the “business entity.” An individual included in the definition of BUSINESS ENTITY shall also include the individual’s spouse, if any, and any child living in the same household as the individual or spouse. Notwithstanding any other provision in the Fort Wayne Code of Ordinances, the term PROFESSIONAL SERVICES as used in this § 37.28 means accounting, architectural, legal, and engineering services.
(D) For purposes of this section, the office or offices considered to have ultimate responsibility for the award of a contract shall be the Mayor, the Common Council and any elected official for the City of Fort Wayne.
(E) Contributions made prior to the effective date. Any contract or agreement entered into before the effective date of this section shall not be affected, governed by or in any way in violation of this ordinance. Further, no contribution of money or other thing of value, including in kind contributions, shall be deemed a violation of this section if that contribution was made by the “business entity” prior to the effective date of this section.
(F) Contribution notification and statement to business entity. Prior to a “business entity” entering into negotiations, and/or submitting a formal bid through any bid process utilized by the city or any of the city departments to provide “professional services,” the city, its departments or agencies, as appropriate, shall notify the “business entity” of its obligations to comply with this section. Prior to the award of a contract or agreement covered by this section, the city, its departments or agencies shall obtain from the “business entity” a sworn statement made under penalty of perjury that the “business entity” and its covered principals, partners, officers and subsidiaries have not made a contribution or contributions which would prohibit the city from contracting with the “business entity.”
(G) Return of excess contributions. A “business entity,” candidate, officeholder, candidate committee, party committee or PAC may cure a violation of this section if, within one (1) year after the contributions made by the “business entity” in excess of those specified in subsections (A) or (B) of this section, the Common Council or Mayor is notified of the violation in writing and the amount of the contribution in excess of the limits specified in subsections (A) or (B) is returned to the “business entity.”
(H) Other prohibited conduct; penalty.
(1) It shall be a violation of this section to: (i) make a contribution in violation of this section; (ii) knowingly conceal or misrepresent a contribution given or received; (iii) make contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; (iv) make any contribution to a campaign committee, city or Allen County party committee, or to a PAC on the condition or with the agreement that it will be contributed to a candidate or campaign committee of any candidate for Fort Wayne office or any holder of Fort Wayne office in violation of this section; (v) engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant will make any contribution, which if made by the “business entity” itself would subject the “business entity” to the restrictions of this section; (vi) fund contributions made by third parties, including consultants, attorneys, family members and employees, in violation of this section; (vii) engage in any exchange of contributions to circumvent the intent of this section; or (viii), directly or indirectly, through or by any other person or means, do any act which would subject the “business entity” to the restrictions of this section.
(2) All “professional services” agreements between a “business entity” and the City of Fort Wayne, its departments or agencies, as appropriate, shall provide by operation of law that it shall be a material breach of the agreement for the “business entity” to engage in conduct prohibited by this section.
(3) Upon a “business entity’s” first violation of this section, the city shall send a written warning to the “business entity” notifying it of the excess contribution. The “business entity” shall have one (1) year from the date of the written warning to cure the violation as set forth in division (G) of this section. If the violation is not cured within one (1) year, the “business entity” shall be disqualified from eligibility for future contracts with the City of Fort Wayne for a period of one (1) year from the date of expiration of the cure period. For any subsequent violations of this section, the “business entity” shall be immediately disqualified from eligibility for future contracts with the City of Fort Wayne for a period of one year of the date of the violation, if a “business entity” is debarred from city work under this section they may file an appeal with the Fort Wayne City Controller within thirty (30) days of the determination.
(I) Severability. If any provision of this section, or the application of any such provision to any person or circumstance, shall be held invalid, the remainder of this section to the extent it can be given effect, or the application of such provision to persons or circumstances other than those for which it is held invalid, shall not be affected thereby, and to this extent the provisions of this section are severable.
(Ord. G-30-17, passed 12-12-17;Am. Ord. S-57-18, passed 6-12-18)