[HISTORY: Adopted by the Governing Body of the Borough of Allendale 10-11-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Contracts for county services — See Ch. 18.
As used in this chapter, the following terms shall have the meanings indicated:
BUSINESS ENTITY
For purposes of this chapter, a business entity whose contributions are regulated by this chapter means:
A. 
An individual, including the individual's spouse, and any child/children;
B. 
A firm; corporation; professional corporation; partnership; limited liability company; organization; association; and any other manner and kind of business entity;
C. 
Any person who owns 10% or more of the equity or ownership or income interests in a person or entity as defined in Subsections A and B above and their spouses and child/children;
D. 
All partners or officers of such an entity, in the aggregate, and their spouses and child/children;
E. 
Any person, subcontractor, subsidiary, corporation, firm, partnership, limited liability company, organization or association who has received or indefeasibly acquired the right to receive, from a person described in Subsection A above, more than $100,000 in compensation or income of any kind (including, by way of illustration, and not limitation, wages, salaries, sums paid to independent contractors, benefits, dividends, profit-sharing, pension contributions, deferred contributions, stock, stock options or gifts), in any twelve-month period prior to the award of, or during the term of, a contract subject to this chapter; and
F. 
All persons who are an "affiliate" of a business entity as defined in Subsections A, B and E above, as such term is used in 11 U.S.C. 101(2).
CAMPAIGN COMMITTEE
A. 
Every candidate for Borough of Allendale elective municipal office;
B. 
Every candidate committee established by or for the benefit of a candidate for Borough of Allendale elective municipal office;
C. 
Every joint candidate committee established in whole or in part by or for the benefit of a candidate for Borough of Allendale elective municipal office;
D. 
Every political committee of the Borough of Allendale;
E. 
Every political committee of Bergen County; and
F. 
Every political committee, continuing political committee, or other form of association or organization that regularly engages in the support of candidates for the Borough of Allendale municipal or Bergen County elective offices.
CONTRACT FOR PROFESSIONAL OR EXTRAORDINARY SERVICES
All contracts for "professional services" and "extraordinary unspecifiable services" as such terms are used in N.J.S.A. 40A:11-5.
CONTRIBUTION
The meaning prescribed in N.J.A.C. 19:25-1.7. By way of illustration, and not limitation, this definition includes pledges, loans, and in-kind contributions.
A. 
Any other provision of law to the contrary notwithstanding, the Borough of Allendale 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 professional, banking, insurance coverage services or any other consulting 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 pledge of a contribution, including in-kind contributions, to any Borough of Allendale municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate or officeholder, or to any Borough of Allendale or Bergen County party committee, or to any political action committee (PAC) that regularly engages in the support of Allendale municipal elections and/or municipal parties in excess of the thresholds specified in Subsection C within one calendar year immediately preceding the date of the contract or agreement.
B. 
No business entity who submits a proposal for, enters into negotiations for, or agrees to any contract or agreement with the Borough of Allendale or any of its departments or instrumentalities, for the rendition of professional services or extraordinary unspecified services shall knowingly solicit or make any contribution, to:
(1) 
A candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in the Borough of Allendale, or a holder of public office having ultimate responsibility for the award of a contract; or
(2) 
To any Borough of Allendale or Bergen County political committee that regularly engages in the support of Borough of Allendale municipal elections between the time of first communication between that business entity and the municipality regarding a specific agreement for professional services or extraordinary unspecified services, and the later of the termination of negotiations or rejection of any proposal, or the completion of the performance or specified time period of that contract or agreement.
C. 
Monetary thresholds.
(1) 
The monetary thresholds of this chapter are:
(a) 
A maximum of $300 per calendar year each for any purpose to any candidate or candidate committee for Borough of Allendale Mayor or Borough of Allendale Governing Body, or $500 per calendar year to any joint candidates committee for Borough of Allendale Mayor or Borough of Allendale Governing Body, or $300 per calendar year to a party committee of the Borough of Allendale;
(b) 
Maximum of $500 per calendar year to a Bergen County party committee; and
(c) 
Maximum of $500 per calendar year to any political action committee.
(2) 
However, for each business entity party to a contract for professional or extraordinary unspecified services as defined in Subsection A, or engaged in negotiations for a contract defined in Subsection A, when such business entity's contribution is aggregated with all "persons" defined in § 197-1, Definitions, above, by virtue of their affiliation to that business entity party, a maximum of $2,500 to all Borough of Allendale candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all Borough of Allendale or Bergen County political committees as described herein combined, without violating Subsection A of this section.
D. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
(1) 
The Borough of Allendale Mayor or Governing Body, if the contract requires approval or appropriation from the Mayor or Governing Body; or
(2) 
The Mayor of the Borough of Allendale if the contract requires approval of the Mayor, or if a public officer who is responsible for the award of a contract is appointed by the Mayor.
E. 
Rules regarding subcontractors. No person may be awarded a subcontract to perform under a contract subject to this chapter, if the subcontractor would be disqualified by Subsection A from receiving the contract at the time that the subcontract is awarded. Nor may any person who would be disqualified by Subsection A from receiving the contract perform substantially all of the obligations described in a contract for professional or extraordinary services that is subject to this chapter.
No contribution or solicitation of contributions made prior to the effective date of this chapter shall be deemed to give rise to a violation of this chapter.
No contract subject to this chapter may be renewed, extended, or materially modified unless the resulting renewal, extension, or modification would be allowable under the provisions of this chapter if it were an initial contract.
A. 
Prior to awarding any contract or agreement to procure professional services or extraordinary unspecified services from any business entity, the Borough of Allendale or its purchasing agents and departments, as the case may be, shall receive a sworn statement from said business entity which is the intended recipient of said contract that he/she/it has not made a contribution in violation of § 197-2 of this chapter. The Borough of Allendale, its purchasing agents and departments shall be responsible for informing the Council of the Borough of Allendale that the aforementioned sworn statement has been received and that the business entity is not in violation of this chapter, prior to awarding the contract or agreement.
B. 
A business entity shall have a continuing duty to report to the Borough of Allendale any contributions that constitute a violation of this chapter that are made during the negotiation, proposal process or the duration of a contract. The Borough of Allendale, its purchasing agents and departments shall be responsible for informing the governing body within 10 business days after receipt of said report from the business entity, or at the next Council meeting following receipt of said report from the business entity, or whichever comes first.
C. 
The certification required under this section shall be made prior to entry into the contract or agreement with the Borough of Allendale or prior to the provision of services or goods, as the case may be, and shall be in addition to any other certifications that may be required by any other provision of law.
A business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of § 197-2 of this chapter if, within 30 days after the date on which the applicable ELEC report is published, said business entity notifies the municipality in writing and seeks and receives reimbursement of the contribution from the recipient of such contribution.
The contribution limitations prior to entering into a contract in § 197-2A do not apply to contracts which are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A. 40A:11-4; or are awarded in the case of emergency under N.J.S.A. 40A:11-6. Notwithstanding anything else to the contrary herein contained, the provisions of § 197-2A through E shall not apply to bar an Allendale professional or extraordinary unspecifiable services contract for contributions made to a political committee, municipal committee or organization, municipal candidate, municipal candidate committee or municipal joint candidate committee in any municipality other than the Borough of Allendale and which does not regularly engage in the support of Borough of Allendale municipal candidates. There is no exemption for contracts awarded pursuant to a fair and open process under N.J.S.A. 19:44A-20 et seq.
A. 
It shall be a material breach of the terms of a Borough of Allendale agreement or contract for professional services or extraordinary unspecified services when a business entity that is a party to such agreement or contract has:
(1) 
Made or solicited a contribution in violation of this chapter;
(2) 
Knowingly concealed or misrepresented a contribution given or received;
(3) 
Made or solicited contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution;
(4) 
Made or solicited any contribution on the condition or with the agreement that it will be recontributed to a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Borough of Allendale or a holder of public office having ultimate responsibility for the award of a contract, or any Borough of Allendale or Bergen County political committee;
(5) 
Engaged or employed a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the professional business entity itself, would subject that entity to the restrictions of this chapter;
(6) 
Funded contributions made by third parties, including consultants, attorneys, family members, and employees;
(7) 
Engaged in any exchange of contributions to circumvent the intent of this chapter; or
(8) 
Directly or indirectly, through or by any other person or means, done any act which if done directly would subject that entity to the restrictions of this chapter.
B. 
Furthermore, any business entity that violates § 197-8A(1) through (8) shall be disqualified from eligibility for future Borough of Allendale contracts for a period of four calendar years from the date of the violation.
C. 
Any person who knowingly, purposely, or recklessly violates any provision of this chapter, or who conspires with another person to violate any provision of this chapter, or who, with the purpose of promoting or facilitating a violation of this chapter, solicits another person to commit it, or aids or agrees, or attempts to aid another person in planning or committing it, shall be subject to punishment, including fines and/or imprisonment as fixed by law for violations of the ordinances of the Borough of Allendale.
In addition to any rights that were heretofore available, or which may hereafter be available, to citizens, taxpayers, or associations, to challenge violations of this chapter, every person aggrieved by a violation of this chapter, or any taxpayer or resident of the Borough of Allendale has the right, consistent with the Rules of Court, to file charges in a court of competent jurisdiction, and/or to pursue a civil action for a violation of this chapter in a court of competent jurisdiction, and to seek and obtain declaratory, injunctive, or other legal or equitable relief, including but not limited to, attorneys' fees and costs, arising from or related to a violation of this chapter.
If any provision of this chapter, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be given effect, or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby, and to this extent the provisions of this chapter are severable.
All ordinances or parts of ordinances which are inconsistent with any provisions of this chapter are hereby repealed as to the extent of such inconsistencies.
This chapter shall become effective upon passage and publication as required by law.