[Added 4-27-2010 by Ord. No. 10-021]
A.
The City of Paterson shall not enter into a "professional service
agreement" (as defined below) with a "professional business entity"
(as defined below) that has made a "local political contribution"
(as defined below) during the preceding one-year period, unless the
contract is duly awarded pursuant to a fair and open process.
B.
No "professional business entity" (as defined below) that has entered
into a "professional service agreement" (as defined below) with the
City of Paterson shall make a "local political contribution" (as defined
below) during the term of the said "professional service agreement,"
unless the contract was duly awarded pursuant to a fair and open process.
C.
No local municipal committee of a political party that has any member
serving in an elective public office of the City of Paterson, nor
any candidate committee of any person serving in an elective public
office of the City of Paterson, shall accept a "local political contribution"
(as defined below) from a "professional business entity" (as defined
below) that has entered into a "professional service agreement" with
the City of Paterson during the term of the said agreement, unless
the contract was duly awarded pursuant to a fair and open process.
D.
LOCAL POLITICAL CONTRIBUTION
PROFESSIONAL BUSINESS ENTITY
PROFESSIONAL SERVICE AGREEMENT
Definitions. As used in this article, the following terms shall have
the meanings indicated:
A contribution of more than $300, or the equivalent in goods
or commercial services, to a local municipal committee of a political
party having any member holding elective public office of the City
of Paterson, or to a candidate committee of any person holding elective
public office of the City of Paterson, or more than two times the
said maximum to the committees of any combination of multiple such
parties or candidates. However, if the state raises or lowers its
threshold of $300 for reportable contributions pursuant to N.J.S.A.
19:44A-7.2, 19:44A-8 or any successor statute, then the maximums prescribed
by this section shall be equivalently raised or lowered automatically
by operation of law.
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.
An agreement addressing payment for professional services
having an anticipated value in excess of $17,500, as determined in
advance and certified in writing. However, if the state raises or
lowers its threshold of $17,500 pursuant to N.J.S.A. 19:44A-20.5 or
any successor statute, then the said threshold prescribed by this
section shall be equivalently raised or lowered automatically by operation
of law.
No contribution of money or any other thing of value, including
in-kind contributions, 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
prior to the effective date of this section.
A.
Prior to awarding any contract or agreement to procure services with any "professional business entity" as defined above, the Council 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 § 5-118.1 hereof.
B.
The "professional business entity" as defined above shall have a
continuing duty to report any violations of this section 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 City and shall be in addition to any
other certifications that may be required by any other provision of
law.
A.
One who has received a "local political contribution" as defined above may cure a violation of § 5-118.1 if, within 30 days after the general election, the party in question notifies the City of Paterson Council and reimburses the party who made the contribution.
B.
One who has made a "local political contribution" as defined above may cure a violation of § 5-118.1 if, within 30 days after the general election, the party in question notifies the City of Paterson Council and requests reimbursement from the recipient. Thereafter, the recipient must provide reimbursement within 30 days of receipt of the said request.
A.
All City of Paterson "professional service agreements" as defined
above shall provide that it shall be a breach of the terms of the
government contract for a "professional business entity" as defined
above to violate the City of Paterson Pay-to-Play Ordinance or any
applicable state Pay-to-Play law, 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.
The penalties for violation of § 5-118.1 shall include all penalties set forth in N.J.S.A. 19:44A-20.11, 19:44A-22.3 and any successor statutes in effect as of the time of the violation or violations, except where any of the said penalties is beyond the jurisdiction of a municipality to pursue in Municipal Court or Superior Court.
C.
In addition to any penalty set forth above, a "professional business
entity" as defined above who knowingly fails to reveal a contribution
made in violation of this section, 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 municipal contracts for a period of four
calendar years from the date of the violation.
No provision of this section shall be construed as an attempt
to exempt any party from any duties under any state or federal law.
