[HISTORY: Adopted by the Mayor and Council of the Borough
of Closter as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-14-2008 by Ord. No. 2008:1005]
A.
Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure services, including banking services/relationships or insurance coverage services, from any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to a campaign committee of any Borough of Closter Mayor or Council candidate or holder of the public office having ultimate responsibility for the award of the contract or to any Borough of Closter or Bergen County party committee organized to provide monetary support to Closter municipal candidates or to any political action committee (PAC) that is organized for the primary purpose of promoting or supporting Borough of Closter municipal candidates or municipal officeholders in excess of the thresholds specified in Subsection D 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 contract or agreement with the municipality or any department or agency thereof or of its independent authorities for the rendition of professional, banking or insurance coverage services or any other no-bid consultants shall knowingly solicit or make any contribution, in excess of the limits set forth in Subsection D below, of money, or pledge of a contribution, including in-kind contributions, to any Borough of Closter Mayor or Council candidate or holder of the public office having ultimate responsibility for the award of the contract or to any Borough of Closter or Bergen County party committee organized to provide monetary support to Closter municipal candidates or to any PAC that is organized for the primary purpose of promoting or supporting Borough of Closter municipal candidates or municipal officeholders between the time of first communications between that business entity and the Borough regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.
C.
For purposes of this article, a "professional business entity" seeking
a public contract means an individual, including the individual's
spouse, if any, and any child living at home; person; firm; corporation;
professional corporation; partnership; organization; or association.
The definition of a "business entity" includes all principals who
own 10% or more 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.
D.
Any individual meeting the definition of "professional business entity" under this section may annually contribute a maximum of $300 each for any purpose to any candidate for Mayor or Council or $300 each to the Borough of Closter or Bergen County party committee organized to provide monetary support to Closter municipal candidates, or to a PAC referenced in this article, without triggering the effect of § 10-1A of this article. However, any group of individuals meeting the definition of "professional business entity" under this section, including such principals, partners and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of $2,400 to all Borough of Closter Mayor or Council candidates, and officeholders with ultimate responsibility for the award of the contract, and all Borough of Closter or Bergen County political parties and PACs referenced in this article combined, without triggering the effect of § 10-1A of this article.
E.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be:
No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any municipal candidate for Mayor or Council or municipal or county party committee or PAC referenced in this article shall be deemed to require application of § 10-1A of this article nor shall an agreement for property, goods or services of any kind whatsoever be disqualified thereby, if that contribution was made by the professional business entity prior to the effective date of this article.
A.
Prior to awarding any contract or agreement to procure services, including banking or insurance coverage services, with any professional business entity, the Borough or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity, made under penalty of perjury, that the bidder or offeror has not made a contribution in violation of § 10-1 of this article.
B.
The professional business entity shall have a continuing duty to
report any violations of this article that may occur during the negotiation
or duration of a contract. The certification required under this subsection
shall be made prior to entry into the contract or agreement with the
Borough and shall be in addition to any other certifications that
may be required by any other provision of law.
A professional business entity or Borough candidate or officeholder or municipal or county party PAC referenced in this article may cure a violation of § 10-1 of this article if, within 30 days after the general election, the professional business entity notifies the Borough Council, in writing, and seeks and receives reimbursement of a contribution from the Borough candidate or municipal or county political party or PAC referenced in this article.
A.
All Borough of Closter professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional business entity as defined in § 10-1C to violate § 10-1B or to knowingly 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.
B.
Any professional business entity as defined in § 10-1C and D who knowingly fails to reveal a contribution made in violation of this article or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution shall be disqualified from eligibility for future Borough of Closter contracts for a period of four calendar years from the date of the violation.
