City Council adopt a municipal ordinance to reduce or limit campaign donations from donors seeking to enter into a contract, seeking approval for a special permit or up-zoning, seeking to acquire real estate from the city, or seeking financial assistance from the city; Ordinance #2020-27

REWARD FROM THE CITY OF CAMBRIDGE

Definitions. (x) Applicant means a person who has filed an application with the City of Cambridge or any city-related agency in any of the following situations: (x) Seeking to enter into a contract; (x) Seeking approval for a special permit, zoning change enhancing permittee value or approval of a planned unit development; (x) Seeking to acquire real estate from, or dispose of real estate to, the city or any city-related agency; or (x) Seeking financial assistance from the city.

(x) City-related agency means all departments of the city, as well as any authorities and quasi-public corporations that receive appropriations from the city. (x) Contractor means a person who has entered into a contract with the city or any city-related agency. (x) Contribution means a donation of money or of in-kind goods and services as further defined in Massachusetts General Laws Chapter 55, Section 1.

This definition of “Contribution” shall not include services provided by campaign volunteers and expenses that volunteers incur in providing such services.

(x) Financial assistance means any grant, loan, tax incentive, bond financing proceeds used to purchase land or fund expenses for improvements made to land or real estate, or other form of assistance that is realized by or provided to a person in the amount of $50,000 or more through the authority or approval of the city or a city-related agency, including, but not limited to, tax increment financing aid, district improvement financing aid, industrial development bonds, or community development block grant aid.

(x) Contract means a signed written contract in excess of $25,000 for goods or services to which the city or a city-related agency is a party, except where the agreement is required by law to be awarded pursuant to a competitive bidding process under applicable law, or where the agreement constitutes a sole source procurement under Massachusetts General Laws Chapter 30B, Section 7.

(x) For the purposes of this Ordinance, a “Business Entity” whose contributions are regulated by this ordinance means: (i) an individual including the individuals spouse, and any child/children’ (ii) a firm; corporation; professional corporation; partnership; limited liability company; organization; association; and any other manner and kind of business entity; (iii) any person who owns 10% or more ofo the equity or ownership or income interests in an person or entity, and their spouses and child/children; (v) any person, subcontractor, subsidiary, corporation, firm, partnership, limited liability company, organization or association who has received or indefeasibly acquired the right to receiver, from a person, more than $50,000 in compensation or income of any kind (including, by way of illustration, and not limitation: wages, salaries, sums paid to independent contractors, benefits, dividends, profit-sharing, pension contributions, deferred contributions, stocks, stock options or gifts, or special permits, variances or zoning changes that may impact an applicant’s personal or professional finances) in any twelve (12) month period prior to the award of, or during the term of, a contract or zoning decision subject to this ordinance and (vi) all persons who are an “affiliate” of a Business Entity.

Zoning change enhancing permittee’s(?) value means an increase in allowed density or height, a reduction in setbacks or parking, or an expansion of allowed uses. 2 PROHIBITION ON AWARDING PUBLIC CONTRACTS, PERMITS AND ZONING CHANGES TO

CERTAIN CONTRIBUTORS

To the extent that it is not inconsistent with state or federal law, the City of Cambridge and any of its elected officials, departments, instrumentalities, purchasing agents or appointed committees shall not enter into any agreement, approve permits, zoning changes enhancing value, or otherwise contract to procure “professional services” and/or banking, insurance or other consulting services (herein after “Professional Services”), nor “extraordinary unspecified services” and/or media, public relations, lobbying, consulting, building permits, zoning changes and/or management services (hereinafter “Extraordinary Unspecified Services”) from any Business Entity whothat is an Applicant if such Business Entity has solicited or made any Contribution to a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Cambridge in excess of the threshold of $200.00 per year within one calendar year immediately preceding the date of the contract or agreement.

The contribution limitation set forth in this provision shall be subject to annual escalation equal to annual percentage increases in the Consumer Price Index for All Urban Consumers (CPI-U) for Boston-Cambridge-Newton or similar index to reflect changes in dollar values over time; however, annual decreases in CPI-U shall not cause the contribution limitation to be decreased.

No Business Entity whothat is an Applicant who submits a proposal for, enters into negotiations for, applies for permits or zoning changes or agrees to any contract or agreement with the City of Cambridge or any of its departments or instrumentalities, for the rendition of Professional services or Extraordinary Unspecified Services shall knowingly solicit or make any Contribution to (i) an existing elected official, candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Cambridge, or (ii) to any Cambridge political action committee or political party committee or (iii) any PAC between the time of first communication between that Business Entity and the municipality regarding a specific agreement for Professional Services or Extraordinary Unspecified Services, (definition needed?) and the later of the termination of negotiations or rejection of any proposal, or the completion of the performance or specified time periods of that contract, agreement, permit or zoning change.

CONTRIBUTIONS MADE PRIOR TO THE EFFECTIVE DATE

No Contribution or solicitation of contributions made editprior to the effective date of this Ordinance shall be deemed to give rise to a violation of this Ordinance.

CONTRACT RENEWAL

No contract subject to this ordinance may be renewed, extended, or materially modified unless the resulting renewal, extension, or modification would be allowable under the provisions of this ordinance if it were an initial contract. Mandatory disclosure for aApplicants. (x) Before the city may enter into any contract with an aApplicant, the Aapplicant must file a complete mandatory disclosure form with the contracting entity.