[HISTORY: Adopted by the Board of Commissioners of the Borough of Mount Ephraim as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Financial management — See Ch. 25.
Purchasing, claims and payroll procedures — See Ch. 55.
[Adopted 9-1-2011 by Ord. No. 13-11]
A. 
Any other provision of law to the contrary notwithstanding, the Borough of Mount Ephraim 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 Mount Ephraim 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 Mount Ephraim or Camden County party committee, or to any political action committee (PAC) that regularly engages in, or whose primary purpose is, the support of municipal elections and/or municipal parties in excess of the thresholds specified in Subsection D within one calendar year immediately preceding the date of the contract or agreement.
B. 
No professional business entity which enters into negotiations for, or agrees to, any contract or agreement with the municipality or any department or agency thereof or of its independent authorities for the rendering of professional, banking or insurance coverage services or any other consulting services, including those awarded pursuant to a "fair and open" process, shall solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, to any Borough of Mount Ephraim 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 Mount Ephraim or Camden County party committee, or to any political action committee (PAC) that regularly engages in, or whose primary purpose is, the support of municipal elections and/or municipal parties between the time of first communications between that business entity and the Borough regarding a specific professional services agreement and the termination of negotiations or the completion of the contract or agreement, whichever is later.
C. 
For purposes of this article, 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.
D. 
Any individual meeting the definition of "professional business entity" under this section may annually contribute a maximum of $300 each for any purpose to any candidate, for Mayor or governing body, or $300 to the Borough of Mount Ephraim party, or $500 to the Camden County party committee, or to a PAC referenced in this article, 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 Borough of Mount Ephraim candidates and officeholders with ultimate responsibility for the award of the contract, and all Borough of Mount Ephraim or Camden County political parties and PACs referenced in this article combined, without violating Subsection A of this section.
E. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
(1) 
The Board of Commissioners and the Mayor of the Borough of Mount Ephraim if the contract requires approval or appropriation from the Commissioners.
(2) 
The Mayor of Borough of Mount Ephraim, 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 Board of Commissioners, or municipal or county party committee or PAC referenced in this article shall be deemed a violation of this article, 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, including banking or insurance coverage services, with any professional business entity, the Borough 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 bidder or offeror has not made a contribution in violation of § 13-1 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 subsection 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 or county party committee or PAC referenced in this article may cure a violation of § 13-1 of this article, if, within 30 days after the date on which the applicable ELEC Report is published, the professional business entity notifies the Board of Commissioners in writing and seeks and receives reimbursement of a contribution from the Borough candidate or municipal or county party committee or PAC referenced in this article.
A. 
It shall be a breach of the terms of the Borough of Mount Ephraim professional service agreement for a business entity to:
(1) 
Make or solicit a contribution in violation of this article;
(2) 
Knowingly conceal or misrepresent a contribution given or received;
(3) 
Make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution;
(4) 
Make or solicit any contribution on the condition or with the agreement that it will be contributed to a campaign committee of any candidate or holder of the public office of Borough of Mount Ephraim;
(5) 
Engage or employ 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 business entity itself, would subject that entity to the restrictions of this article;
(6) 
Fund contributions made by third parties, including consultants, attorneys, family members, and employees;
(7) 
Engage in any exchange of contributions to circumvent the intent of this article; or
(8) 
Directly or indirectly, through or by any other person or means, do any act which would subject that entity to the restrictions of this article.
B. 
Any professional business entity who violates Subsection A above shall be disqualified from eligibility for future Borough of Mount Ephraim contracts for a period of four calendar years from the date of the violation.