[Added 6-27-2006 by Ord. No. 2056-2006]
A.
Any other provision of law to the contrary notwithstanding, the Borough and any of its purchasing agents or agencies, its statutory boards, and its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract on a no-bid basis to procure services, including banking services or insurance coverage services, including those awarded pursuant to a "fair and open" process, from any professional business entity, if that entity has solicited or made any contribution of money, or pledged a contribution, including in-kind contributions, to a campaign committee of any Borough candidate or holder of a public office in the Borough, whether or not that officeholder has the ultimate responsibility for the award of the contract, or to any Borough or Bergen County party committee, or to any political action committee (PAC) that is organized for the primary purpose of promoting or supporting Borough candidates or Borough officeholders, including any state party or legislative leadership committees, in excess of the thresholds specified in Subsection E below, if such contribution or pledge is made within two calendar years immediately preceding the date of the municipal decision awarding such contract or agreement.
[Amended 12-6-2011 by Ord. No. 2230-2011]
B.
Except as permitted in Subsection E below, no professional business entity that enters into negotiations for, or agrees to, any contract or agreement on a no-bid basis with the municipality or any department or agency thereof, or its statutory boards, or its independent authorities, for the rendition of professional, banking or insurance services or any other no-bid consultation services, including those awarded to "fair and open" process, shall knowingly solicit or make any contribution of money, or pledge a contribution, including in-kind contributions, to any Borough candidate or holder of a public office in the Borough, whether or not that officeholder has the ultimate responsibility for the award of the contract, or to any Borough or Bergen County party committee, or to any political action committee (PAC) that is organized for the primary purpose of promoting or supporting Borough candidates or Borough officeholders, including any state party or legislative leadership committee, between the time of first communication between that 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.
[Amended 12-6-2011 by Ord. No. 2230-2011]
C.
For purposes of this article, a "professional business
entity" seeking a public contract means an individual, including the
individual's spouse, and any unemancipated child living in the household
of such person, a firm, corporation, professional corporation, partnership,
limited partnership, limited-liability company, unincorporated association
or similar organization. The definition of a "business entity" encompasses
all principals and partners who own 10% or more of the equity in the
business entity, and any officers employed by the entity, as well
as any subsidiaries directly controlled by the business entity.
D.
For purposes of this section, the office that is considered
to have ultimate responsibility for the award of the contract shall
be:
E.
Any individual
or entity meeting the definition of "professional business entity"
under this section may contribute, in any election cycle for Borough
candidates, a maximum of $300 for any purpose to any campaign committee
of any Borough candidate or holder of public office in the Borough,
to any Borough or Bergen County party committee, or to any political
action committee, or to any political action committee (PAC) that
is organized for the primary purpose of promoting or supporting Borough
candidates or Borough officeholders, including any state party or
legislative leadership committee.
[Added 12-6-2011 by Ord. No. 2230-2011]
No contribution of money or any other thing
of value, including in-kind contributions, made by a professional
business entity to any municipal candidate for Mayor or Council, or
municipal or county party committee or PAC that is organized for the
primary purpose of promoting or supporting Borough candidates or Borough
officeholders, including any state party or legislative leadership
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 article.
A.
Prior to awarding any contract or agreement to procure services with any professional business entity, including banking or insurance coverage services, the Borough of Fair Lawn 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 professional business entity has not made a contribution in violation of § 2-126 of this article.
B.
The professional business entity shall have a continuing
duty to report any violations of this article 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.
A professional business entity or Borough candidate or officeholder or municipal county party committee or PAC that is organized for the primary purpose of promoting or supporting Borough candidates or Borough officeholders may cure a violation of § 2-126 if, within 30 days after the general election, the professional business entity notifies the Borough Council in writing and seeks and receives reimbursement of a contribution from the Borough candidate or municipal or county political party or PAC or state party or legislative leadership committee.
A.
All Borough professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional business entity to violate § 2-126 or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
B.
Any professional business entity which or who knowingly
fails to reveal a contribution made in violation of this article,
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 Borough
contracts for a period of four calendar years from the date of the
violation.
[Added 12-6-2011 by Ord. No. 2230-2011]
This section shall not prohibit the awarding of a contract when
either:
