The purpose of this ordinance is to comply and adopt the provisions of Chapter 19, P.L. 2004, as amended P.L. 2005, c. 51, and Chapter
271, P.L. 2005 (the "Pay to Play Acts").
As used in this chapter, unless otherwise noted, the following terms
shall have the meanings indicated, as delineated within N.J.S.A. 19:44A-20.7:
BUSINESS ENTITY
Any natural or legal person, business corporation, professional services
corporation, limited liability company, partnership, limited partnership,
business trust, association or any other legal commercial entity organized
under the laws of this state or of any other state or foreign jurisdiction;
INTEREST
The ownership or control of more than 10% of the profits or assets
of a business entity or 10% of the stock in the case of a business entity
that is a corporation for profit, as appropriate;
When a business entity is a natural person, a contribution by that person's
spouse or child residing therewith shall be deemed to be a contribution by
the business entity. When a business entity is other than a natural person,
a contribution by any person or other business entity having an interest therein
shall be deemed to be a contribution by the business entity.
If a business entity makes a contribution that would cause it to be
ineligible to receive a public contract, or in the case of a contribution
made during the term of a public contract that would constitute a violation
of the Pay to Play Acts, the business entity may request, in writing, within
60 days of the date on which the contribution was made, that the recipient
thereof repay the contribution and, if repayment is received within those
60 days, the business entity would again be eligible to receive a contract,
or would no longer be in violation, as appropriate.
Nothing contained in this chapter shall be construed as prohibiting
the awarding of a contract when the public exigency requires the immediate
delivery of goods or performance of emergency services as determined by the
State Treasurer.
Violations of this chapter shall result in penalties as prescribed within
N.J.S.A. 19:44A-20.10 and 19:44A-20.11.