Borough of Oradell, NJ Contracts and Agreements

Editor's Note: Said act was repealed effective 11-1-2007 by L.2007, c. 63.

[Added 9-26-2006 by Ord. No. 06-21; amended 7-26-2016 by Ord. No. 16-05]

Prohibition on awarding public contracts to, and hiring of, certain contributors.

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.

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.

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.

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.

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.

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.

Repealer. All ordinances, codes or parts thereof that are inconsistent with this section are repealed or otherwise modified.

When effective. This section shall take effect upon adoption and publication according to law.

	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.).[1]
	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.