Contract Approval and Disclosure

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Issue Brief

The 2012 City Charter requires the City Clerk to publish on the City’s website a list of all contracts and contractors that have been approved by City Council and are in effect. The list must be updated upon approval, amendment or renewal of a contract.

The information posted related to contracts and contractors must include:

1. Name of the Contractor;

2. Description of goods or services provided;

3. Total dollar amount of the contract;

4. Amount and date of all amendments to the contract resulting in a change of dollar amount or any change order;

5. Purchase Order number.

Additionally, all contractors and vendors must disclose the following before being allowed to do business with the City:

1. A statement listing all political contributions and expenditures made by the contractor, its affiliates, subsidiaries, officers, owners, directors or agents within the previous 4 years

2. Statement of the same for spouses of any individuals wishing to conduct business with the City

Departments Involved

• City Clerk

• City Council

Charter Language

Sec. 4-122. Approval of Contracts and Disclosure.

The City may not purchase or in any way procure property or the services of independent contractors without approval by resolution of the City Council except as provided by ordinance.

Within one hundred eighty (180) days of the effective date of this Charter, the City Clerk shall post on the City’s website a list of all contracts that have been approved by City Council and which are then in effect. The list shall be updated upon the initial approval, amendment or renewal of a contract, as provided herein. The list shall contain: (1) the name of the contractor; (2) a brief description of the goods and/or services being provided; (3) the total dollar amount of the contract; (4) the amount and date of all amendments that result in a change in the contract amount, including change orders; and (5) the purchase order number.

For purposes of conflicts of interest, the City shall require in all of its contractual agreements, including, but not limited to, leases, service and equipment agreements and including contract renewals, that the contractor provide a statement listing all political contributions and expenditures (“Statement of Political Contributions and Expenditures”), as defined by the Michigan Campaign Finance Act, MCL 169.201, et seq., made by the contractor, its affiliates, subsidiaries, principals, officers, owners, directors, agents or assigns to elective city officials within the previous four (4) years. Individuals shall also list any contributions or expenditures from their spouses.

The contract shall reflect that filing the Statement of Political Contributions and Expenditures shall be a yearly obligation of the contractor for the duration of the contract and shall be filed with all contract renewals and change orders. Each submitted Statement of Political Contributions and Expenditures shall be current up to and including the date of its filing.

The contractual agreement shall also state that the contract is not valid unless and until the Statement of Political Contributions and Expenditures is provided, which shall be attached as an exhibit to the contract and referenced as such in the contract. City Council is prohibited from approving any contract subject to this requirement, or change order related to such contract, unless it is accompanied by the Statement of Political Contributions and Expenditures from the contractor.

Resources

DetCharter Resources

• Chicago, Illinois Vendor and Contractor Search

• Philadelphia, PA List of Contracts

• Detroit Board of Ethics Disclosure Requirements

• Sydney, Australia Contractor Disclosure

• Albany, New York Dashboard and City Finance Disclosure

• Beaufort, South Carolina Contract Bid History

User Generated Resources

• If you have any information relevent to this topic please mail it to info@detcharter.com and we will include it in our list of resources.