[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale 7-13-2004 by Ord. No. 04-14. Amendments noted where applicable.]
GENERAL REFERENCES
Contracts with governmental contracting units — See Ch. 13.
[Amended 5-5-2009 by Ord. No. 09-08]
A. 
Any other provision of law to the contrary notwithstanding, the Borough 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 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 candidate or holder of the public office having ultimate responsibility for the award of the contract, or to any municipal or county party or political committee or political action committee, or any other entity which has contributed to candidates for the governing body of Hillsdale within the current calendar year or the two prior calendar years in excess of the thresholds specified in Subsection D within two calendar years immediately preceding the date of the contract agreement.
B. 
No professional business entity which enters into negotiations for or agrees to any contract or agreement with the Borough or any department or agency thereof or of its independent authorities for the rendition of professional services shall solicit or make any contributions of money, or pledge of a contribution, including in-kind contributions, to any candidate or holder of the public office having ultimate responsibility for the award of the contracts, or to any municipal or county party committee, or political action committee, or any other entity which has contributed to candidates for the governing body of Hillsdale within the current calendar year or the two prior calendar years, between the time of the first communications between the 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 the purposes of this chapter, 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 and Council, or $300 to any municipal or county party committee or political action committee, or any other entity which has contributed to candidates for the governing body of Hillsdale within the current calendar year or the two prior calendar years, without violating Subsection A of this section. 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 $1,000 to all municipal candidates and office holders with the ultimate responsibility for the award of the contract, and all municipal or county political parties or political action committee, or any other entity which has contributed to candidates for the governing body of Hillsdale within the current calendar year or the two prior calendar years combined, without violating Subsection A of this section.
[Amended 10-4-2011 by Ord. No. 11-19]
E. 
For the purpose of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be the governing body of the Borough of Hillsdale if that contracts requires approval or appropriation from the governing body.
No contributions of money or any other thing of value, including in-kind contributions, made by a professional business entity to any Borough of Hillsdale candidate for Mayor or Borough Council, or Borough of Hillsdale or Bergen County Party Committee 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 chapter.
A. 
Prior to awarding any contract or agreement to procure services with any professional business entity, 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 § 12-1 hereof.
B. 
The professional business entity shall have a continuing duty to report any violations of this chapter 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.
[1]
Editor's Note: Former § 12-4, Return of excess of contributions, was repealed 5-5-2009 by Ord. No. 09-08.
A. 
All Borough of Hillsdale 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 herein, to violate any provision herein.
B. 
Any professional business entity, as defined herein, who knowingly fails to reveal a contribution made in violation of this chapter, 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.