[HISTORY: Adopted by the Mayor and Council of the Township of Mount Olive 11-23-2004 by Ord. No. 42-2004 (Ch. 50 of the 1990 Code). Amendments noted where applicable.]
Any other provision of law to the contrary notwithstanding, the municipality 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, including banking services/relationships or insurance coverage 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 Mount Olive candidate or holder of the public office having ultimate responsibility for the award of the contract or to any Mount Olive party committee or to any political action committee (PAC) that is organized for the primary purpose of promoting or supporting Mount Olive municipal candidates or municipal officeholders in excess of the thresholds specified in Subsection D within one calendar year immediately preceding the date of the contract agreement.
No professional business entity which enters into negotiation for, or agrees to, any contract or agreement with Mount Olive or any department or agency thereof or its independent authorities for the rendition of professional banking or insurance coverage services or any other no-bid consultants shall contribute or pledge to contribute to any Mount Olive candidate or holder of public office having ultimate responsibility to award a contract or Mount Olive party or PAC during negotiations for such a contract or during the term of said contract any sums other than those specifically permitted under Subsection D, i.e., $400 per candidate or $500 per political party.
[Amended 12-6-2005 by Ord. No. 58-2005]
Editor's Note: Section 2 of this ordinance provided that, as this ordinance is corrective in nature, the revision of this subsection shall relate back to the effective date of Ord. No. 42-2004.
For 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.
Any individual meeting the definition of "professional business entity" under this section may annually contribute a maximum of $400 each for any purpose to any candidate, for the Mayor or Council, and $500 to a Mount Olive party committee or to a PAC referenced in this chapter, 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 $2,500 to all Mount Olive candidates and officeholders with ultimate responsibility for the award of the contract, and all Mount Olive or Morris County political parties and PACs referenced in this chapter combined, without violating Subsection A of this section.
For purposes of this section, the office that is considered to have the ultimate responsibility for the award of the contract shall be:
The Mount Olive Township Clerk.
The Mount Olive Council, if the contract requires approval and/or appropriation from the Council.
The Mayor of Mount Olive, 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.
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 party committee or PAC referenced in this chapter 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.
Prior to awarding any contract or agreement to procure services, including banking or insurance coverage services, with any professional business entity, the Township 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 a penalty of perjury that the bidder or offer or has not made a contribution in violation of § 73-1 of this chapter.
The professional business entity shall have a continuing duty to report any violations of this chapter that may occur during the negotiation of duration of a contract. The certification required under this subsection shall be made prior to entry into the contract or agreement with the Township and shall be in addition to any other certifications that may be required by any other provision of law.
A professional business entity or Township candidate or officeholder or municipal party committee or PAC referenced in this chapter may cure a violation of § 73-1 of this chapter, if, within 30 days after the general election, the professional business entity notifies the Township Council in writing and seeks and receives reimbursement of a contribution from the Township candidate or municipal or county political party or PAC referenced in this chapter.
All Mount Olive 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 in § 73-1C to violate § 73-1B 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.
Any professional business entity as defined in § 73-1C and D who knowingly fails to reveal a contribution made in violation of this chapter, or who knowingly makes of solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution shall be disqualified from eligibility for future Mount Olive contracts for a period of four calendar years from the date of the violation.