[Adopted 3-23-2005 by Ord. No. 07-2005]
For the purposes of this article, the following
terms shall have the meanings indicated:
Any agreement for the rendering of professional services
to or on behalf of the Borough and any agreement, whether by contract
or purchase order, for the sale of any goods or nonprofessional services
to the Borough, as defined herein, and without regard to whether said
agreement or contract is awarded pursuant to and in accordance with
the open public bidding requirements of N.J.S.A., 40A:11-5, et seq.
The Borough of Atlantic Highlands as a municipal entity,
and any elected official, officer, employee, agent, department, board
or commission of the Borough of Atlantic Highlands.
Any contribution to an Atlantic Highlands political campaign,
Monmouth County political campaign, and/or pass-through campaign contribution
as defined herein, whether in the form of money, service (with or
without compensation), or pledge, loan, gift, subscription, advance
or transfer of money or other thing of value, including any item of
real property or personal property, tangible or intangible including,
without limitation, any in-kind contributions, or purchases of tickets,
advertisements or the like, directly or indirectly, made to or on
behalf of any candidate, candidate committee, joint candidates committee,
political committee, continuing political committee, political party
committee, or any elected or appointed official. "Campaign contribution"
also includes any pledge, promise or other commitment or assumption
of liability to make such transfer. For purposes of reports required
under the provisions of this article, any such commitment or assumption
shall be deemed to have been a contribution upon the date when such
commitment is made or liability assumed.
Any corporation, professional corporation, joint venture,
general or limited partnership, trust or limited liability company,
or subsidiary or parent of any of the foregoing.
Any contribution, whether in the form of money, free service
or pledge, including without limitation, any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to support any political campaign committee or election fund of any
candidate for, or holder of any elected office of the Borough, or
to any municipal or party committee or political club or organization
within the Borough, that is received from the election fund or other
campaign account of any elected official or candidate for any office
other than Mayor or Council of the Borough, or from any county political
organization, county campaign committee or political action committee
or fund within or without the County of Monmouth.
Any individual person or entity who negotiates, bids or otherwise
seeks to enter into an agreement to purchase goods or services as
defined herein. In the case of any professional business entity who
is an individual person, the term shall also include the individual's
spouse, if any, and any child living at home, as well as any entity
by whom any of them are employed or in which any of them have an ownership
interest in excess of 5%. In the case of any professional business
entity who is an entity, the term shall also include each and every
principal of the said entity who has an ownership interest in excess
of 5% in the entity, or any parent or subsidiary of the entity, and
their spouses, if any, and any child living at home.
Any other provision of law to the contrary notwithstanding, the Borough shall not enter into any agreement to purchase goods or services, or make any payment pursuant to any such agreement with any professional business entity that has solicited or made any campaign contribution in excess of the limits specified in § 55-10 of this chapter, during the three-year period immediately preceding the date of the contract or agreement, or during the term of any such agreement to purchase goods or services.
No professional business entity shall knowingly solicit on behalf of, or make any campaign contribution in excess of the limits specified in § 55-10 of this chapter during the time in which negotiations are pending for, or during the term of, any agreement to purchase goods or services.
For purposes of this article, the office that
is considered to have ultimate responsibility for the award of an
agreement to purchase goods and services shall be the Borough Council,
as defined in Chapter 1-2
of the Revised General Ordinances of the Borough of Atlantic Highlands.[1] However, the restrictions of this article apply to all
boards, commissions or agencies of the Borough whose appointments
of professionals either require approval of the Borough Council or
whose operating funds are subject to appropriation by the Borough
Council.
[1]
Editor's Note: So in original.
Prior to issuing any purchase order or awarding to any professional business entity an agreement to purchase goods and services, or making any payment pursuant to the same, or granting any change order in connection therewith, the Borough shall require that the professional business entity first certify by way of submitting a sworn statement to the Borough's Director of Purchasing as defined in § 60-4 of the Code of the Borough of Atlantic Highlands, in language to be approved by the Borough Attorney, in which the entity shall verify that it has not knowingly made any campaign contribution in excess of the limits set forth in § 55-10 of this chapter, and that it has not otherwise violated § 55-16 hereof. This certification shall be in addition to any other certification that may be required by any other provision of law. The Borough shall keep the original of each such sworn statement on file. Notwithstanding anything contained herein to the contrary, the professional business entity shall have a continuing duty to report immediately to the Borough any campaign contributions made in violation of this article that occur during any time that an agreement to purchase goods or services is in effect, or that occur during pending negotiations or bidding by the professional business entity to enter into such an agreement.
In addition to such other penalties as may be
provided by law, any professional business entity who, after reasonable
notice of the consequences thereof, refuses or otherwise fails to
provide the certification required herein, or who knowingly files
a false certification, shall be disqualified from eligibility for
future agreements to purchase goods or services with the Borough until
such time as the Mayor and Council adopt a resolution determining
that the professional business entity may be eligible or otherwise
should be paid for services rendered or goods sold to the Borough.
Any professional business entity may appeal to the Mayor and Council
from a determination by the Borough as being disqualified.
Notwithstanding any term contained herein to
the contrary, no professional business entity shall be required to
report campaign contributions made prior to the effective date of
this article, and the Borough in determining the entity's eligibility
pursuant to this article shall consider no such campaign contributions.
Any professional business entity may cure a campaign contribution made in excess of the limits set forth in § 55-10 of this chapter, within 45 days after the general election during the calendar year in which the excess campaign contribution was made. Said entity shall notify the Borough in writing that it has received a reimbursement of a contribution in excess of that allowed in § 55-10 of this chapter, and by attaching a true and correct copy of the cancelled check received in reimbursement.
