(A) The county and its authorized purchasing agents 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 purchasing agent; or
(2) A business entity that is wholly or partially owned by a relative of an elected official or purchasing agent;
(3) Only if the elected official or purchasing agent does not violate I.C. 35-44-1-3, and the requirements below are satisfied:
(a) The elected official or purchasing agent files with the Board of Commissioners a full disclosure, which must:
1. Be in writing;
2. Describe the contract or purchase to be made by the elected official or purchasing agent;
3. Describe the relationship that the elected official or purchasing agent has to the individual or business entity that contracts or purchases;
4. Be affirmed under penalty of perjury;
5. Be submitted to the Board of Commissioners and be accepted by the Board of Commissioners in a public meeting 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:
(i) The State Board of Accounts; and
(ii) The clerk of the Tippecanoe Circuit Court;
(b) The elected official or purchasing agent:
1. Makes a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered; or
2. Makes a certified statement of the reasons why the vendor or contractor was selected; and
3. Satisfies any other requirements under I.C. 5-22 or I.C. 36-1-12.
(B) An elected official or purchasing agent must also comply with the disclosure provisions of I.C. 35-44-1-3, if applicable.
(C) These provisions do not affect the initial term of a contract in existence at the time the term of office of the elected official or purchasing agent begins.
(D) Each elected official or purchasing agent of the county must annually certify in writing to the Board of Commissioners of the county not later than December 31 of each year, subject to the penalties for perjury, that the elected official or purchasing agent is in compliance with I.C. 36-1-21. An officer must submit the certification.
(Ord. 2012-21-CM, passed 6-18-12)