[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Providence 6-17-2019 by Ord. No. 577. Amendments noted where applicable.]
This chapter does not apply to materials or services which are subjected to the public bidding process as set forth in the Second Class Township Code.
Editor's Note: See 53 P.S. § 65101 et seq.
With respect to any provision of materials, services, professional advice, consulting advice, or any other matter not covered by the submission of sealed bids, the Township will not enter into any such relationship for goods and services with any person or entity which has, within the present or immediately preceding calendar year, made or solicited a contribution(s) to any candidate for the office of Upper Providence Township Supervisor, nor to the committee of a candidate, nor any committee supporting multiple candidates where any supported candidate is seeking the office of Township Supervisor, in an amount exceeding $300. In determining whether a particular payment constitutes a contribution to a candidate or campaign of a candidate, the Township will be guided by the definitions in, and court interpretations of, the Pennsylvania Election Code. A person shall be considered a candidate on the date on which they file candidacy papers with the Montgomery County Board of Elections, or the first date on which they publicly announce an intention to run for the office of Supervisor, whichever first occurs. This provision applies equally to any contribution to a political committee that does not have the stated purpose of supporting a candidate for Township Supervisor but which subsequently makes a contribution to a candidate for Township Supervisor. The terms of this chapter may not be avoided by having the work that is the subject of the agreement done through a subcontractor or business entity that owns, is owned by, or is related by business dealings with, the vendor or consultant.
Editor's Note: See 25 P.S. § 2600 et seq.
Beginning on the date of first contact with a potential vendor or consultant, and continuing through the conclusion of negotiations or, if applicable, the conclusion of a business relationship with Township, no vendor or consultant shall make a contribution to a candidate for office as above described.
This chapter applies to all nonbid consulting and professional relationships entered after the date of this chapter, including any renewals of existing relationships.
Each person or entity which enters into an agreement for the provision of services or goods not covered by the open bidding process as above described shall sign an affidavit stating that he/she/it is aware of the provisions of this chapter and has not made a contribution in violation of it. The form for such affidavit will be prepared by staff in conjunction with the Solicitor. A copy of this chapter and the affidavit will be distributed with any Township letter which solicits nonbid proposals or which is responding to an inquiry from a person or entity interested in providing materials or services not subject to competitive bidding, and will also be distributed to all persons or entities who are currently providing services or materials that were not subject to competitive bidding.
The terms of this chapter are intended to be in addition to, and not in place of, all existing laws and regulations that govern political contributions or the conduct of elected officials, including any applicable provisions of the Pennsylvania Crimes Code and the Pennsylvania Public Official and Employee Ethics Act.
Persons who make contributions contrary to the provisions of this chapter will not be eligible for consideration, and, if the person violating the provisions of this chapter is then serving as a consultant or professional to the Township, a violation of this chapter will disqualify them from continuing to provide services to the Township.
If any portion of this chapter is found invalid by a court of competent jurisdiction, then, to the extent possible, the invalid portion of the chapter shall be severed from the remainder, and the remainder will continue in full force and effect.