[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha as indicated in article histories. Amendments noted where applicable.]
Article I Awarding of Public Contracts
[Adopted 11-22-2011 by Ord. No. 11-11]
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 professional, banking, insurance coverage services or any other consulting services, including those awarded pursuant to a "fair and open" process, 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 any Borough of Alpha municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate or officeholder, or to any Borough of Alpha party committee, or to any political action committee (PAC) that regularly engages in the support of Borough of Alpha municipal elections and/or Borough of Alpha municipal parties in excess of the thresholds specified in Subsection D below within one calendar year immediately preceding the date of the contract or agreement.
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 consulting services, including those awarded pursuant to a "fair and open" process, shall solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, to a Borough of Alpha municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate or officeholder, or to any Borough of Alpha party committee, or to any political action committee (PAC) that regularly engages in the support of Borough of Alpha municipal elections and/or Borough of Alpha municipal parties between the time of the first communication(s) 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.
For the purposes of this article "professional business entity seeking a public contract" means an individual, including the individual's spouse, if any, and any child living at home; person; 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.
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 governing body, or $300 to the Borough of Alpha party, or $500 to a PAC referenced in this article, without violating Subsection A of this section. However, any group of individuals meeting the definition of "professional business entity" under this section, such principals, partners, and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of $2,500 to all Borough of Alpha candidates and officeholders with ultimate responsibility for the award of the contract, and all Borough of Alpha political parties and PACs referenced in this article combined, without violating Subsection A of this section.
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be the following:
It shall be a breach of the terms of the Borough's professional service agreement or agreement for goods or services for a business entity to:
Make or solicit a contribution in violation of this article;
Knowingly conceal or misrepresent a contribution given or received;
Make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution;
Make or solicit any contribution on the condition or with the agreement that it will be contributed to a campaign committee of any candidate or holder of the public office in the Borough of Alpha;
Engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution which if made or solicited by the business entity itself would subject that entity to the restrictions of this article;
Fund contributions made by third parties, including consultants, attorneys, family members, and employees;
Engage in any exchange of contributions to circumvent the intent of this article; or
Directly or indirectly, through or by any other person or means, do any action which would subject that entity to the restrictions of this article.
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 a violation of this section, 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 section.
Prior to awarding any contract or agreement to procure services, including banking or insurance coverage services, with any professional 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 officer has not made a contribution in violation of § 18-1.
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 section 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 committee or PAC referenced in this article may cure a violation of § 18-1 of this article if, within 30 days after the contribution, 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.
Any professional business entity which violates any of the provisions of this article shall be disqualified from eligibility for future Borough of Alpha contracts for period of three years from the date of violation.