§ 17-1404. Eligibility for Non-Competitively Bid Contracts and Financial Assistance. 169

   (1)   Determining Eligibility.

      (a)   If an individual makes contributions in excess of two thousand five hundred dollars ($2,500) (as such amount is adjusted from time to time under subsection 17-1404(1)(c) or subsection 17-1404(1)(d)) in the aggregate during a calendar year to a candidate for nomination or election to any elective City office or to an Incumbent, then, during the term of office to which such candidate is elected or during the Incumbent's term of office, the individual shall not be eligible to apply for or to enter into any Non-Competitively Bid Contract in excess of ten thousand dollars ($10,000), nor shall said individual be eligible to be a subcontractor (at any tier) of any such contract, nor shall the individual be eligible to receive Financial Assistance. 170

      (b)   If a Business makes a contribution in excess of ten thousand dollars ($10,000) (as such amount is adjusted from time to time under subsection 17-1404(1)(c) or subsection 17-1404(1)(d)) in the aggregate during a calendar year to a candidate for nomination or election to any elective City office or to an Incumbent, then, during the term of office to which any such candidate is elected or during the Incumbent's term of office, the Business shall not be eligible to apply for or to enter into any Non-Competitively Bid Contract in excess of twenty-five thousand dollars ($25,000), nor shall said Business be eligible to be a subcontractor (at any tier) of any such contract, nor shall the Business be eligible to receive Financial Assistance. 171

      (c)   On January 1, 2008 and on January 1 every four years thereafter, the maximum amounts set forth in subsections 17-1404(1)(a) and (b) shall be adjusted, as follows. On the December 15 immediately preceding the adjustment, the Finance Director shall calculate the "CPI Multiplier" by dividing the average consumer price index for Philadelphia during the then-current calendar year by the average consumer price index for Philadelphia during calendar year 2005. To determine the average consumer price index for Philadelphia, the Finance Director shall use the latest available figures for the Consumer Price Index for all Urban Consumers (CPI-U) All Items Index, Philadelphia, Pennsylvania, as measured by the United States Department of Labor, Bureau of Labor Statistics. After calculating the CPI Multiplier, the Finance Director shall calculate the new maximum amounts, as follows:

         (.1)   The maximum amount for purposes of subsection 17-1404(1)(a) shall equal two thousand five hundred dollars ($2,500), multiplied by the CPI Multiplier, rounded to the nearest one hundred dollars ($100).

         (.2)   The maximum amount for purposes of subsection 17-1404(1)(b) shall equal ten thousand dollars ($10,000), multiplied by the CPI Multiplier, rounded to the nearest one hundred dollars ($100).

The Finance Director shall certify the new maximum amounts in writing to the Mayor, the Council President and Chief Clerk of Council.

      (d)   If a candidate (as defined in Section 20-1001, relating to political contributions and expenditures) for any City elective office contributes two hundred fifty thousand dollars ($250,000) or more from his or her personal resources to his or her candidate political committee (regardless of the time period over which such contribution is made), then the maximum amounts set forth in subsections 17-1404(1)(a) and (b), as they may be adjusted pursuant to subsection (c), shall double with respect to contributions to candidates for that same elective office. 172

      (e)   For any contract that satisfies both of the following criteria – (.1) it is awarded pursuant to the best value provisions of subsection 8-200(5) of the Home Rule Charter; and (.2) prior to the adoption of subsection 8-200(5), such contract would have been subject to the lowest responsible bidder requirements of subsection 8-200(1) of the Home Rule Charter – the provisions of this subsection (1) ("Determining Eligibility") shall not apply to contributions made prior to June 1, 2017. This exclusion shall only apply to the provisions of this subsection (1). 173

   (2)   The attribution rules of Section 17-1405 shall apply to determine the amount of contributions made by an individual or Business for purposes of subsection (1).

   (3)   Disclosure by Applicants for Financial Assistance.

      (a)   A Person seeking Financial Assistance shall file with the City Agency providing such assistance all disclosure forms that Applicants seeking Non-Competitively Bid City Contracts must file under subsection 17-1402(1)(b).

      (b)   The City Agency providing the Financial Assistance shall forward a copy of all disclosure forms it receives to the Finance Director, and the Department of Records.

      (c)   No Financial Assistance shall be provided unless all required disclosure forms are completed, signed and filed with the City Agency providing such assistance and are on file with the Finance Director, and the Department of Records.

      (d)   If Council approval of the Financial Assistance is required by law, the ordinance approving such Financial Assistance must include as exhibits copies of all disclosure forms required by this subsection (3).

      (e)   Every recipient of Financial Assistance shall, for a period of five years after receiving such assistance, be subject to the provisions of subsection 17-1402(1)(e), requiring certain covenants and disclosures, as if such recipient were a Contractor executing a Non-Competitively Bid Contract. The City Agency providing the Financial Assistance shall enter into such agreements with the recipient of Financial Assistance as the City Solicitor deems necessary to carry out the purpose and intent of this subsection.

 

Notes

169	Amended, Bill No. 050613 (approved December 15, 2005). See note 154 for effective date provisions.
170	Amended, Bill No. 060854 (approved December 26, 2006). Pursuant to subsection 17-1404(1)(c)(.1), the Director of Finance on December 12, 2007, certified a new contribution limit of two thousand six hundred dollars ($2,600), effective January 1, 2008; and on December 21, 2011, certified a new contribution limit of two thousand nine hundred dollars ($2,900), effective January 1, 2012; and on January 11, 2016, certified a new contribution limit of three thousand dollars ($3,000), effective January 1, 2016.
171	Amended, Bill No. 060854 (approved December 26, 2006). Pursuant to subsection 17-1404(1)(c)(.2), the Director of Finance on December 12, 2007, certified a new contribution limit of ten thousand six hundred dollars ($10,600), effective January 1, 2008; and on December 21, 2011, certified a new contribution limit of eleven thousand five hundred dollars ($11,500), effective January 1, 2012; and on January 11, 2016, certified a new contribution limit of eleven thousand nine hundred dollars ($11,900), effective January 1, 2016.
172	Added, Bill No. 060854 (approved December 26, 2006). Section 2 of Bill No. 060854 provides: "Section 2. Effective Date Provision. This Ordinance shall take effect immediately. Contributions from an individual's personal resources to the individual's candidate political committee made before the effective date of this Ordinance shall count toward the $250,000 threshold that triggers the doubling provision of subsection [17-1404(1)(d)] of The Philadelphia Code."
173	Added, Bill No. 160972 (approved December 20, 2016). Section 2 of Bill No. 160972 provides: "This Ordinance shall be effective upon the adoption of the amendment to the Home Rule Charter set forth in Resolution No. 160981, relating to best value."