(A) This subchapter establishes minimum requirements regarding contracting with the city. The Common Council hereby adopts a policy that includes, at a minimum, the requirements set forth in this subchapter. However, the city has additionally included requirements that are more stringent or detailed than any provision in this subchapter, and may apply to individuals who are exempted or excluded from the application of the state law. The city may prohibit or restrict an individual from entering into a contract with the city that is not otherwise prohibited or restricted by this subchapter.
(B) The annual report filed by the city with the State Board of Accounts under I.C. 5-11-13-1 must include a statement by the city executive, stating whether the city has implemented a policy under this subchapter.
(C) The city may enter into a contract or renew a contract for the procurement of goods and services or a contract for public works with:
(1) An individual who is a relative of an elected official; or
(2) A business entity that is wholly or partially owned by a relative of an elected official;
only if the requirements of this section are satisfied and the elected official does not violate I.C. 35-44.1-1-4.
(D) The city may enter into a contract or renew a contract with an individual or business entity described in division (C) above if:
(1) The elected official files with the city a full disclosure, which must be:
(a) In writing;
(b) Describe the contract or purchase to be made by the city;
(c) Describe the relationship that the elected official has to the individual or business entity that contracts or purchases;
(d) Affirmed under the penalty of perjury;
(e) Submitted to and accepted by the city legislative body at a public meeting prior to the final action on the contract or purchase; and
(f) Filed, not later than 15 days after the final action on the contract or purchase, with the State Board of Accounts and the Clerk of the Circuit Court of Lake County, Indiana;
(2) The appropriate city agency:
(a) Makes a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered; or
(b) Makes a certified statement of the reasons why the vendor or contractor was selected; and
(3) The city satisfies the other requirements of I.C. 5-22 and I.C. 36-1-12.
(E) An elected official shall also comply with the disclosure provisions of I.C. 35-44.1-1-4, if applicable.
(F) This section does not affect the initial term of a contract in existence at the time the term of office of the city elected official begins.
(Ord. 9162, passed 6-11-2012)
Cross-reference:
Public bids, see § 36.120