[HISTORY: Adopted by the Mayor and Council
of the Borough of Oradell 10-19-1993 by Ord. No. 990. Amendments noted where
applicable.]
A. Pursuant to N.J.S.A. 52:17C-1 et seq., all municipalities
of the State of New Jersey are required to provide telephonic access
to an appropriate public safety answering point serving the municipalities;
and regionalized provision of such services is a concept specifically
endorsed by the aforementioned statutory scheme.
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The Borough of Oradell and certain other municipalities
located in the Bergen County area, desire to enter into an agreement
with each other to provide such services to their respective residents
on a regionalized basis and are authorized by law to do so pursuant
to the provisions of the Interlocal Services Act (N.J.S.A. 40:8A-1
et seq.).
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It is the perception and belief of the Mayor
and Council of the Borough of Oradell that implementation of the State-Mandated
Emergency Enhanced 9-1-1 Telephone System Program, on a regionalized,
cost-sharing basis, is in the best interests of the taxpayers of the
Borough of Oradell.
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B. The Mayor and the Borough Clerk be, and they hereby
are, authorized to execute a contract with Northwest Bergen Central
Dispatch for enhanced 9-1-1 service and EMS dispatch pursuant to the
provisions of the Interlocal Services Act, N.J.S.A. 40:8A-1 et seq.
[Amended 12-16-2002 by Ord. No. 02-022]
[Added 9-26-2006 by Ord. No. 06-21;
amended 7-26-2016 by Ord. No. 16-05]
A. Prohibition on awarding public contracts to, and hiring
of, certain contributors.
(1) Any other provision of law to the contrary notwithstanding,
the Borough and any of its purchasing agents or agencies, its statutory
boards, and its independent authorities, as the case may be, shall
not hire any person nor enter into an agreement or otherwise contract
to procure services, including banking services or insurance coverage
services, from any professional business entity if that person or
entity has made any reportable contributions, including in-kind contributions,
to a campaign committee of any Borough candidate or holder of a public
office in the Borough, whether or not that officeholder has the ultimate
responsibility for the hiring or the award of the contract, as the
case may be, or to any Borough or Bergen County party committee, or
to any political action committee (PAC) that is organized for the
primary purpose of promoting or supporting Borough candidates or Borough
officeholders, including any state party or legislative leadership
committee, if such contribution or pledge is made within one year
immediately preceding the date of the municipal decision awarding
such contract or agreement, or the decision to hire such person, as
the case may be.
(2) No professional business entity that enters into negotiations
for, or agrees to, any contract or agreement with the municipality
or any department or agency thereof, or its statutory boards, or its
independent authorities, for the rendition of professional, banking
or insurance services or any other no-bid consultation services, and
no person who has submitted an application for municipal employment
or otherwise communicated to the Borough an interest in a position
of employment which the Borough is seeking to fill, shall knowingly
make a reportable contribution, including in-kind contributions, to
any Borough candidate or holder of a public office in the Borough,
whether or not that officeholder has the ultimate responsibility for
the award of the contract, or the hiring of such person, as the case
may be, or to any Borough or Bergen County party committee, or to
any political action committee (PAC) that is organized for the primary
purpose of promoting or supporting Borough candidates or Borough officeholders,
including any state party or legislative leadership committee, between
the time of first communication between that business entity or prospective
hiree, as the case may be, and the Borough regarding a specific professional
services agreement, or position of employment, as the case may be,
and the later of the termination of negotiations or the completion
of the contract or agreement with professional business entity or
hiree, as the case may be.
(3) For purposes of this section, a "professional business
entity" seeking a public contract means an individual, including the
individual's spouse, and any unemancipated child living in the household
of such person, a firm, corporation, professional corporation, partnership,
limited partnership, limited-liability company, unincorporated association
or similar organization. The definition of a "business entity" encompasses
all principals and partners who own 10% or more of the equity in the
business entity, and any officers employed by the entity, as well
as any subsidiaries directly controlled by the business entity.
(4) For purposes of this section, a "hiree" means any
individual who is employed, or who is seeking to be employed, by the
Borough, including but not limited to municipal officers such as tax
collectors, tax assessors, Borough administrators, chief financial
officers and Borough clerks.
(5) For purposes of this section, the office that is considered
to have ultimate responsibility for the award of the contract, or
the hiring of a hiree, shall be:
(a) The governing body of the Borough, if the contract
or hiring requires approval or appropriation from the Council.
(b) The Mayor of the Borough, if the contract or hiring
requires approval of the Mayor, or if a public officer who is responsible
for the award of a contract or the hiring is appointed by the Mayor.
(6) For
purposes of this section, the term "reportable contribution" shall
be defined as any contribution of greater than $300.
B. Contributions made prior to the effective date. No
contribution of money or any other thing of value, including in-kind
contributions, made by a professional business entity or a hiree to
any municipal candidate for Mayor or Council, or municipal or county
party committee or PAC that is organized for the primary purpose of
promoting or supporting Borough candidates or Borough officeholders,
including any state party or legislative leadership committee, 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 or hiree prior to the effective date of this section.
C. Contribution statement by professional business entity
and vendor.
(1) Prior to awarding any contract or agreement to procure services with any professional business entity, including banking or insurance coverage services, and prior to hiring any hiree, the Borough of Oradell or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity or hiree, as the case may be, made under penalty of perjury that the professional business entity, or hiree, has not made a contribution in violation of Subsection
A of this section.
(2) The professional business entity, or hiree, as the
case may be, shall have a continuing duty to report any violations
of this section that may occur during the negotiation or duration
of a contract, or as to the hiree, during the negotiations for employment
or during the employment of the hiree. The certification required
under this subsection shall be made prior to entry into the contract
or agreement with the Borough, or in the case of the hiree, prior
to the agreement of employment, and shall be in addition to any other
certifications that may be required by any other provision of law.
D. Return of violative contributions. A hiree or Borough candidate or officeholder or municipal or county party committee or PAC that is organized for the primary purpose of promoting or supporting Borough candidates or Borough officeholders may cure a violation of Subsection
A, if, within 60 days after the appointment, the hiree or professional business entity notifies the Borough Council in writing and seeks and receives reimbursement of a contribution from the Borough candidate or municipal or county political party or PAC or state party or legislative leadership committee.
E. Penalty.
(1) 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 to violate Subsection
A 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.
(2) Any professional business entity which or who knowingly
fails to reveal a contribution made in violation of this section,
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 from the date of the
violation.
(3) Any
hiree who knowingly fails to reveal a contribution made in violation
of this section, or who knowingly makes or solicits contributions
through intermediaries for the purpose of concealing or misrepresenting
the source of the contribution, shall be subject to the termination
of his or her employment for cause.
F. Severability. If any sentence, paragraph or subsection
of this section, or the application thereof to any persons or circumstances,
shall be adjudged by a court of competent jurisdiction to be invalid,
or if by legislative action any sentence, paragraph or section of
this section shall lose its force and effect, such judgment or action
shall not affect, impair or void the remainder of this section.
G. Repealer. All ordinances, codes or parts thereof that
are inconsistent with this section are repealed or otherwise modified.
H. When effective. This section shall take effect upon
adoption and publication according to law.