(A) The city shall comply with all requirements and restrictions associated with I.C. 36-1-21.
(B) Contracting with relatives of elected officials.
(1) 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:
(a) An individual who is a relative of an elected official (as defined in I.C. 36-1-21, Section 3); or
(b) 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 entering into or renewing the contract does not otherwise constitute a violation of I.C. 35-44.1-1-3.
(2) The city may enter into a contract or renew a contract with an individual or business entity described in division (B)(1) of this section if:
(a) The elected official files with the city a full disclosure, which must:
1. Be in writing;
2. Describe the contract or purchase to be made by the unit;
3. Describe the relationship that the elected official has to the individual or business entity that contracts or purchases;
4. Be affirmed under penalty of perjury;
5. Be submitted to the legislative body of the unit and be accepted by the legislative body in a public meeting of the unit prior to final action on the contract or purchase; and
6. Be filed, not later than 15 days after final action on the contract or purchase, with the State Board of Accounts and the Clerk of the Rush County Circuit Court.
(b) The department procuring the good or service must:
1. Make a certified statement that the contract amount or purchase price was the lowest responsive and responsible bid or offer; or
2. Make a certified statement of the reasons why the vendor or contractor was selected.
(c) The purchase satisfies any other requirements under I.C. 5-22 or I.C. 36-1-12.
(3) Each elected officer of the city shall annually certify in writing, subject to the penalties of perjury, that the officer has not knowingly or intentionally violated state nepotism and contracting laws.
(Ord. 2020-4A, passed 3-3-2020)