Any other provision of the law to the contrary notwithstanding,
the Township or any board, authority, agency or instrumentality thereof
(hereinafter referred to as "Municipal Appointing Authority"), shall
not enter into a contract having an anticipated value in excess of
$17,500 as determined in advance and certified in writing by the Municipal
Appointing Authority, or its designee, with a business entity, except
a contract that is awarded pursuant to a fair and open process, if,
during the preceding one-year period, that business entity has made
political contributions that are reportable by the recipient under
N.J.S.A. 19:44A-1 et seq., to any municipal committee of a political
party in the Township if a member of that political party is serving
in an elective public office of the Township when the contract is
awarded or to any candidate committee of any person serving in an
elective public office of the Township when the contract is awarded;
and
A business entity that has entered into a contract having an
anticipated value in excess of $17,500 with the Municipal Appointing
Authority, except a contract that is awarded pursuant to a fair and
open process, shall not make such a contribution, reportable by the
recipient under N.J.S.A. 19:44A-1 et seq., during the term of the
contract, to any municipal committee of a political party in the Township
if a member of that political party is serving in an elective public
office of the Township when the contract is awarded, or to any candidate
committee of any person serving in an elective public office of the Township
when the contract is awarded, during the term of the contract. In
the alternative to proceeding with the fair and open process described
herein, the Municipal Appointing Authority thereof may award a contract
to a business entity for an amount in excess of $17,500, pursuant
to procedures prescribed by the New Jersey Local Public Contracts
Law and without competitive bidding or competitive proposals.
However, such award may be made only if the recipient of the contract
provides a written certification that it has not made a political
contribution which would bar the award of the contract to it.