[Ord. 1990-1, 6/13/1990, § 1; as amended by Ord.
2009-3, 8/31/2009]
By this Part, the Board of Supervisors of Douglass Township,
intends to serve the purpose authorized by § 1532 of the
Second Class Township Code, 53 P.S. § 66532, in regulating
the issuance of contracts, business licenses, and permits by the Township.
In furtherance thereof, the Board of Supervisors recognize that economic
crimes pose a special threat to the health, safety, and welfare of
the residents of the Township, as well as the efficient administration
of local government. And in an effort to preserve the public trust
and faith in local governments, the Township of Douglass seeks to
refrain from doing business with or otherwise supporting the enterprises
of those persons or business entities who, as a matter of record,
have engaged in economic or other crimes, actually or potentially,
in restraint of free trade and price competition.
[Ord. 1990-1, 6/13/1990, § 2]
This Part shall be known as the "Douglass Township Contracting,
Licensing, and Permitting Ordinance."
[Ord. 1990-1, 6/13/1990, § 3]
The purpose of this Part is to prohibit any person or business entity from being awarded or issued a contract, subcontract, contract renewal, business license, or soliciting permit, if, within three years of the issuance or application date thereof, said person or business entity shall have been convicted of, or shall have admitted, to, as a matter of record, commission, or attempted commission of any of the crimes of the Commonwealth of Pennsylvania, or the United States of America, as more fully set forth in § 13-105 herein.
[Ord. 1990-1, 6/13/1990, § 4]
As used herein, the following words and phrases shall have the
meanings indicated:
A business entity related to another business entity by virtue
of any of the following characteristics:
Commonality of ownership, management, or directorship, whether
whole or partial, proportional, or disproportional.
Control, whether or not exercised, by or of the other business
entity.
Control, whether or not exercised, by the same individual, group
of individuals, or business entity.
Reorganization of an ineligible business entity, notwithstanding
its formal dissolution, into a new business entity distinct as a matter
of form versus substance as evidenced by substantially similar principals,
management, or debt or equity ownership.
A corporation, association, partnership, sole proprietorship,
or governmental authority providing goods or services on a "for profit"
or "not for profit" basis.
The power to directly or indirectly govern the financial
affairs or management decisions of a business entity arising from,
without limitation, majority debt or equity ownership, a voting majority
of directors or shareholders interlocking management, identity of
interests among family members, shared facilities and equipment, common
use of employees, common use of consultants or legal counsel, or unregulated
monopolization of an essential element of production or operation.
The disqualification of a person or business entity to contract with or obtain a business license or soliciting permit from Douglass Township arising from conviction, admission, or imputation of the criminal conduct set forth in § 13-105 of this Part.
[Ord. 1990-1, 6/13/1990, § 5]
1.
No person or business entity shall be awarded or issued a contract,
subcontract, contract renewal, business license or soliciting permit
if, within three years of the issuance or commencement date thereof,
said person or business entity shall have been convicted of or shall
have admitted to, as a matter of record, commission, or attempted
commission of any of the following crimes in Pennsylvania, any of
the other United States, or under federal law:
A.
Murder.
B.
Kidnapping.
C.
Robbery.
D.
Bribery.
E.
Extortion.
F.
Criminal Usury.
G.
Arson.
H.
Burglary.
I.
Theft.
J.
Forgery and fraudulent practices.
K.
Fraudulent securities transaction.
L.
Alteration or concealment of vehicle identification.
M.
Unlawful purchase, use, or transfer of firearms.
N.
Unlawful possession or use of explosives.
O.
Perjury.
P.
Violation of 18 Pa.C.S.A. § 911 (corrupt organizations).
Q.
Violation of the Racketeer Influenced and Corrupt Organizations Act,
18 U.S.C. § 1961.
R.
Violation of the Antibid-Rigging Act, 62 Pa.C.S.A. § 4501
et seq.
S.
Collusion among bidder or prospective bidding in restraint of freedom
of competition by agreement to bid a fixed price.
[Ord. 1990-1, 6/13/1990, § 6]
The prohibitions established in § 13-102 shall be imputed to a business entity in the event its employee, official, or agent has committed any of the criminal offenses set forth in this Part, on behalf of, or with the knowing consent, acquiescence, direction, or authorization of said business entity. Criminal conduct imputed to a business entity pursuant to this section shall also be imputed to any other business entity with which said business entity is affiliated, as defined in § 13-104 hereof.
[Ord. 1990-1, 6/13/1990, § 7]
1.
The three-year period of ineligibility herein above set forth may
be reduced or waived by the Township Board of Supervisors upon the
written application of the ineligible person or business entity, supported
by documentation of either or both of the following mitigating factors:
A.
Reversal of the conviction of judgment upon which the ineligibility is based, unless the conviction or judgment is based upon an admission of conduct described in § 13-102 hereof.
B.
Bona fide change of ownership or control of the business entity,
or other factors sufficient in the judgment of the Township Board
of Supervisors to remove the conditions giving rise to the conduct
responsible for ineligibility, including without limitation, disciplinary
action against all persons responsible for the acts giving rise to
the ineligibility, remedial action designed to prevent a recurrence
of the acts giving rise to the ineligibility, or a determination by
the Township Board of Supervisors that the past conduct of the person
or business entity does not indicate a pattern or history of criminal
acts.
[Ord. 1990-1, 6/13/1990, § 8]
1.
The Township Board of Supervisors may also suspend the ineligibility
of a person or business entity upon written application of a Township
resident, employee, or official, setting forth facts sufficient in
the judgment of the Township Board of Supervisors to establish:
[Ord. 1990-1, 6/13/1990, § 9]
The Board of Supervisors shall terminate, revoke, or suspend a contract, business license, or soliciting permit entered or issued, after the effective date of this Part, by the Township with respect to a person or business entity determined or discovered to be ineligible under the provisions of §§ 13-105 and 13-106 hereof; provided, however, that any such contract, license, or permit may be maintained or continued, at the Supervisors reasonable discretion, pursuant to the cure and public necessity criteria set forth in §§ 13-107 and 13-108 hereof.
[Ord. 1990-1, 6/13/1990, § 10]
All persons or business entities seeking or holding a contract, business license, or soliciting permit with or from the Township shall provide any reasonable assistance or information requested by the Board of Supervisors in order to ascertain compliance or noncompliance with this Part. Failure or refusal to provide the assistance and information, or submission of false or misleading information, shall render a person or business entity ineligible and subject to the provisions of §§ 13-105 and 13-106 hereof.
[Ord. 1990-1, 6/13/1990, § 11]
Any decision by the Board of Supervisors regarding the ineligibility
of a person or business entity to contract with, or receive a business
license or soliciting permit from, the Township of Douglass, shall
be made in writing and shall specify the reasons therefor.
[Ord. 1990-1, 6/13/1990, § 12]
Prior to entry of a bid contract, or issuance of a business
license or soliciting permit, the Township shall provide the applicant
or bidder with a copy of this Part and shall obtain written certification
that the applicant or bidder is not ineligible under the terms hereof.
[Ord. 1990-1, 6/13/1990, § 13]
Nothing in this Part shall be construed to affect any suit or
proceeding or any action pending in any court, or any rights acquired
or liability incurred, or any cause or causes of action acquired or
existing under any act or ordinance which has been repealed by virtue
of the provisions of this Part, nor shall any just or legal right
or remedy of any character be lost, impaired, or affected hereby.
