[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Providence 6-17-2019 by Ord. No. 577. Amendments noted where
applicable.]
This chapter does not apply to materials or services which are
subjected to the public bidding process as set forth in the Second
Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
With respect to any provision of materials, services, professional
advice, consulting advice, or any other matter not covered by the
submission of sealed bids, the Township will not enter into any such
relationship for goods and services with any person or entity which
has, within the present or immediately preceding calendar year, made
or solicited a contribution(s) to any candidate for the office of
Upper Providence Township Supervisor, nor to the committee of a candidate,
nor any committee supporting multiple candidates where any supported
candidate is seeking the office of Township Supervisor, in an amount
exceeding $300. In determining whether a particular payment constitutes
a contribution to a candidate or campaign of a candidate, the Township
will be guided by the definitions in, and court interpretations of,
the Pennsylvania Election Code.[1] A person shall be considered a candidate on the date on
which they file candidacy papers with the Montgomery County Board
of Elections, or the first date on which they publicly announce an
intention to run for the office of Supervisor, whichever first occurs.
This provision applies equally to any contribution to a political
committee that does not have the stated purpose of supporting a candidate
for Township Supervisor but which subsequently makes a contribution
to a candidate for Township Supervisor. The terms of this chapter
may not be avoided by having the work that is the subject of the agreement
done through a subcontractor or business entity that owns, is owned
by, or is related by business dealings with, the vendor or consultant.
[1]
Editor's Note: See 25 P.S. § 2600 et seq.
Beginning on the date of first contact with a potential vendor
or consultant, and continuing through the conclusion of negotiations
or, if applicable, the conclusion of a business relationship with
Township, no vendor or consultant shall make a contribution to a candidate
for office as above described.
This chapter applies to all nonbid consulting and professional
relationships entered after the date of this chapter, including any
renewals of existing relationships.
Each person or entity which enters into an agreement for the
provision of services or goods not covered by the open bidding process
as above described shall sign an affidavit stating that he/she/it
is aware of the provisions of this chapter and has not made a contribution
in violation of it. The form for such affidavit will be prepared by
staff in conjunction with the Solicitor. A copy of this chapter and
the affidavit will be distributed with any Township letter which solicits
nonbid proposals or which is responding to an inquiry from a person
or entity interested in providing materials or services not subject
to competitive bidding, and will also be distributed to all persons
or entities who are currently providing services or materials that
were not subject to competitive bidding.
The terms of this chapter are intended to be in addition to,
and not in place of, all existing laws and regulations that govern
political contributions or the conduct of elected officials, including
any applicable provisions of the Pennsylvania Crimes Code[1] and the Pennsylvania Public Official and Employee Ethics
Act.[2]
Persons who make contributions contrary to the provisions of
this chapter will not be eligible for consideration, and, if the person
violating the provisions of this chapter is then serving as a consultant
or professional to the Township, a violation of this chapter will
disqualify them from continuing to provide services to the Township.
If any portion of this chapter is found invalid by a court of
competent jurisdiction, then, to the extent possible, the invalid
portion of the chapter shall be severed from the remainder, and the
remainder will continue in full force and effect.
