[Adopted 10-19-2004 by Ord. No. 35-2004]
A. 
Professional business entities are exempt from public bidding requirements.
B. 
There is the potential for professional business entities to make substantial political contributions to the election campaigns of the local government elected officers who are ultimately responsible for awarding professional service contracts.
C. 
Substantial local political contributions from professionals receiving discretionary contracts from the elected officials who receive such contributions raise reasonable concerns on the part of taxpayers as to their trust in the process of local government, as well as the quality or cost of services received.
D. 
Pursuant to N.J.S.A. 40A:11-5 and N.J.S.A. 40:48-2, municipalities have the right to establish rules and procedures for contracting with professional business entities.
E. 
The policy of the Borough of Spring Lake will be to exclude professional business entities from contributing to individuals or a political ticket running for office. If an individual or professional entity makes a campaign contribution as defined herein they will be ineligible to receive a public professional service contract from the Borough of Spring Lake.
A. 
Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies, including all boards and commissions, or any of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure 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 or purchase of tickets, advertisements or the like, which proceeds will be used by or on behalf of or, to a campaign committee of any candidate or holder of the public office having ultimate responsibility for the award of the contract, or to any municipal, county or state party committee, which is designated for a local candidate.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
No professional business entity which enters into negotiations for, or agrees to, any contract or agreement with the municipality or any department, board, commission or agency thereof or of its independent authorities for the rendition of professional services shall knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions or purchase of tickets, advertisements or the like, which proceeds will be used by or on behalf of or to:
(1) 
Any candidate or holder of the public office having ultimate responsibility for the award of the contract; or
(2) 
Any municipal party committee; or
(3) 
Any county or state party committee (unless during the preceding calendar year no contribution of money or in-kind contribution in an amount sufficient to require reporting on the local campaign election law report has been made to the local candidate or municipal party committee by the state or county committee to which the professional business entity may have contributed); or
(4) 
Any political action committee (unless during the preceding calendar year no contribution of money or in-kind contribution in an amount sufficient to require reporting on the local campaign election law report has been made to the local candidate or political action committee by the state or county committee to which the professional business entity may have contributed) between the time of first communications between that business entity and the Borough regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.
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; partner; and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity. This prohibition shall include contributions from employees if the contribution was provided by the professional business entity to the employee for the purpose of subverting the provisions of this article.
D. 
Office considered to have ultimate responsibility.
(1) 
For purposes of this subsection, the office that is considered to have ultimate responsibility for the award of the contract shall be:
(a) 
The Borough Council, if the contract requires approval or appropriation from the Council.
(b) 
The Mayor, 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.
(2) 
However, the restrictions of this article apply to boards, commissions or agencies of the Borough whose appointments of professionals either require the approval of the Mayor and/or Borough Council or whose operating funds are subject to appropriation by the Borough of Spring Lake.
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, county or state party committee or political action committee 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 with any professional business entity, the Borough or any of its purchasing agents or agencies, as they 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 § 82-2 hereof and has not made or solicited contributions through intermediaries for the purpose of concealing the source of the contribution(s).
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.
It is anticipated that there may be some professional business entities which determine to attempt a legalistic adherence to the letter rather than the spirit of this article. It is the declared intent of this municipal governing body to remain vigilant to recognize such attempts to subvert the underlying purposes for which this article was adopted. Any professional business entity which may attempt such creative subversion does so at its peril. If and in the event creative actions are taken in order to defeat the purposes of this article, it is the intention of the governing body to enact appropriate clarification of this article, which clarification shall be retroactive to the initial effective date of this article thereby disqualifying such creative professional business entities from serving the Borough. Changes to this article which are not for purposes of clarification, but which are amendments to the provisions hereto, shall become effective upon adoption and publication according to law.
A. 
All Borough 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 § 82-2C to violate § 82-2B 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.
B. 
Any professional business entity as defined in § 82-2C who knowingly fails to reveal a contribution made in violation of this article, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future Borough contracts for a period of four calendar years form the date of the violation.