[HISTORY: Adopted by the Board of Commissioners of the City of Margate
City as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 17.
Code of Ethics — See Ch. 25.
[Adopted 12-1-2005 by Ord. No. 2005-36]
It is the policy of the City of Margate that professional business entities
that make political contributions to local elected officials responsible for
awarding professional services contracts shall be ineligible to receive a
professional services contract from the City of Margate.
For purposes of this article, the following terms, phrases, words and
their derivations shall have the meanings stated herein unless their use in
the text of this article clearly demonstrates a different meaning. When not
inconsistent with the context, words used in the present tense include the
future, words used in the plural number include the singular number, and words
used in the singular number include the plural number. The word "shall" is
always mandatory and not merely directory.
The governing body of the City of Margate.
The Mayor of the City of Margate.
An individual, (including an individual's spouse and any child
living at home), any natural or legal person, business corporation, professional
corporation, limited-liability company, partnership, limited partnership,
business trust, organization or association, or other legal commercial entity
organized under the laws of this state or any other state or foreign jurisdiction
that is seeking a professional services contract with the City of Margate.
"Professional business entity" also includes all principals who own any percentage
of the equity in the corporation or business trust, partners and officers
in the aggregate employed by the entity as well as any subsidiaries directly
controlled by the business entity.
A contract awarded for professional services as defined by N.J.S.A.
40A:11-2(6) and N.J.S.A. 40A:11-5(1)(a)(i).
A.
The City of Margate, its agencies or its independent
authorities shall not enter into an agreement or otherwise contract to procure
professional services, including banking services/relationships or insurance
services, from any professional business entity if that entity has solicited
or made any contributions of money, or pledge of a contribution, including
in-kind contributions, to a campaign committee of any Margate City candidate,
or holder of public office in Margate City or Atlantic County party committee,
or to any political action committee (PAC) that is organized for the primary
purpose of promoting or supporting Margate City municipal candidates or municipal
officeholders, within one calendar year immediately preceding the date of
the contract or agreement.
B.
No professional business entity which enters into negotiations
for or agrees to any professional services contract with the City of Margate,
its agencies or independent authorities for the rendition of professional,
banking or insurance coverage services shall solicit or make any contributions
of money, or pledge of a contribution, including in-kind contributions, to
any Margate City candidate for the office of City Commissioner or Mayor, or
to any Margate City or Atlantic County party committee, or to any PAC that
is organized for the primary purpose of promoting or supporting candidates
for the office of Mayor or Commissioner of the City of Margate prior to the
termination of negotiations with the City for the professional services contract
or the completion of the contract.
C.
All City of Margate professional services contracts shall provide that it shall be a breach of the terms of the contract to violate Subsection B above or to conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
D.
All requests for proposals sent by the City of Margate
for professional services contracts shall provide that it shall be a breach
of the terms of the contract for a professional business entity to violate
any portions of this article or to conceal or misrepresent contributions given
to, received by, or to make or solicit contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the contribution.
Any contribution of money or any other thing of value, including in-kind
contributions, made by a professional business entity to any candidate for
the office of Mayor or Commissioner in the City of Margate, or municipal or
county party committee or PAC referenced in this article shall not be deemed
a violation of this article, nor shall any agreement for property, goods or
services of any kind whatsoever, if that contribution was made by the professional
business entity prior to the effective date of this article.
A.
Prior to awarding any professional services contract,
including banking or insurance coverage services, to any professional business
entity, the City of Margate shall receive a sworn statement from the professional
business entity that the professional business entity has not made a contribution
in violation of this article.
B.
The professional business entity shall have a continuing
duty to report any violations of this article that may occur prior to or during
the contract. The certification required hereunder shall be made prior to
execution of the contract or agreement with the City of Margate and shall
be in addition to any other certifications that may be required by any other
provision or law.
A.
Any professional business entity who fails to reveal
a contribution made in violation of this article, or who makes or solicits
contributions through intermediaries for the purpose of concealing or misrepresenting
the source of a contribution, shall be disqualified from contracting with
the City of Margate for a period of four years from the date of the violation.
B.
Any person or entity that acts an intermediary to violate
or assist in violating any portion of this article shall be subject to a fine
not to exceed $1,000 per violation or imprisonment not to exceed 90 days or
to a period of community service not to exceed 90 days in the discretion of
the Municipal Court Judge.
C.
Any candidate for the office of Mayor or Commissioner
who violates any provision of this article shall be subject to a fine not
to exceed $1,000 per violation or imprisonment not to exceed 90 days or to
a period of community service not to exceed 90 days in the discretion of the
Municipal Court Judge.
