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75 Law Enforcement and Public Office 525.10 <br />creditor does not exceed five percent of the total indebtedness of the corpora- <br />tion or other organization; <br />(3) Such person, prior to the time the public contract is entered into, files with <br />the Municipality or governmental agency or instrumentality involved, an <br />affidavit giving his exact status in connection with the corporation or other <br />organization. <br />(c) This section does not apply to a public contract in which a public servant, member <br />of his family, or one of his business associates, has an interest, when all of the following <br />apply: <br />(1) The subject of the public contract is necessary supplies or services for the <br />Municipality or governmental agency or instrumentatlity involved; <br />(2) The supplies or services are unobtainable elsewhere for the same or lower <br />cost, or are being furnished to the Municipality or governmental agency or <br />instrumentality as part of a continuing course of dealing established prior <br />to the public servant's becoming associated with the Municipality or <br />governmental agency or instrumentality involved; <br />(3) The treatment accorded the Municipality or governmental agency or instru- <br />mentality is either preferential to or the .same as that accorded other <br />customers or clients in similar transactions; . <br />(4) The entire. transaction is conducted at arm's length, with full knowledge <br />by the Municipality or governmental agency or instrumentality involved, of <br />the interest of the public servant; and the public servant takes no part in <br />the deliberations or decision of the Municipality or governmental agency or <br />instrumentality with respect to the public contract. <br />(d) Whoever violates this section is guilty of having an unlawful interest in a public <br />contract. Violation of this section is a misdemeanor of the first degree. <br />(e) As used in this section, "public contract" means any of the following: <br />(1) The purchase or acquisition, or a contract for the purchase or acquisition <br />of property or services by or for the use of the State or any of its political <br />' subdivisions, or any agency or instrumentality of either. <br />(2) A contract for the design, construction, alteration, repair or maintenance <br />of any public property. (ORC 2921.42) <br />1988 Replacement <br />