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2011 BERGEN COUNTY BOARD OF CHOSEN FREEHOLDERS ORDINANCE

AYE NAY ABSTAIN ABSENT

MEMBERS

Ordinance No. Date: Page Department/ Division: Purpose: Account No. Contract No. Dollar Amount: Prepared By: MD September 21, 2011 1 of 5 FREEHOLDER BOARD PAY-TO-PLAY RESTRICTIONS

De Nicola Felice Ganz Hermansen McPherson Mitchell Driscoll, Chairman

TOTALS

Offered by: Seconded by: Approved by:

______________________ ______________________ ______________________

Certified as a true copy of an Ordinance adopted by the Board of Chosen Freeholders on above date at the Regular Meeting by: Karen Mastriano, Clerk, Board of Chosen Freeholders, Bergen County, New Jersey
NOW, THEREFORE, BE IT ORDAINED by the Board of Chosen Freeholders of the County of Bergen, State of New Jersey that the Administrative Code of the County of Bergen be and is hereby amended and supplemented as follows: SECTION 1. Prohibition on Awarding Public Contracts to Certain Contributors. A. Notwithstanding any other provision of law to the contrary, the County of Bergen and any of its purchasing agents or agencies, or those of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure professional, insurance coverage services, or any other consulting services, including those awarded pursuant to a fair and open process, 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, in excess of the thresholds specified in subsection D within one calendar year immediately preceding the date of the contract or

agreement to: 1. Any county candidate, or their respective candidate committee, or holder of public office having the ultimate responsibility for the award of the contract; or 2. Any county party committee in the County of Bergen; or 3. Any municipal party committee in the County of Bergen; or 4. Any candidate committee, state or county political party committee, legislative leadership committee, continuing political committee, or political action committee, that has provided financial or in-kind support to any of the entities identified in subsections 1-3 above in amounts exceeding the thresholds defined in subsection D herein within the same period of time. B. No professional business entity which enters into negotiations for, or agrees to, any contract or agreement with the County of Bergen, or any department or agency thereof, or of its independent authorities for the rendition of professional, insurance coverage services, or any other consulting services, including those awarded pursuant to a fair and open process, shall solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, in excess of the thresholds specified in subsection D, between the time of first communications between that business entity and the County of Bergen regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract for agreement to: 1. Any county candidate, or their respective candidate committee, or holder of public office having the ultimate responsibility for the award of the contract; or 2. Any county party committee in the County of Bergen; or 3. Any municipal party committee in the County of Bergen; or 4. Any candidate committee, state or county political party committee, legislative leadership committee, continuing political committee, or political action committee, that has provided financial or in-kind support to any of the entities identified in subsections 1-3 above in amounts exceeding the thresholds defined in subsection D herein within the same period of time. C. For purposes of this chapter business entity seeking a public contract means any individual including the individuals spouse, if any, and any child living at home; person, firm, corporation; professional corporation; partnership; organization; or association acting for profit. The definition of a business entity includes all principals who own ten (10%) percent or more of the equity in the for profit corporation or business trust, partners, and officers in the aggregate employed by the entity as well as any subsidiaries
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directly controlled by equity holders whose interests make up more than fifty (50%) percent of the ownership of the contracting business entity. D. Any individual or organization meeting the definition of business entity under this section may annually contribute a maximum of three hundred dollars ($300) each for any purpose to any candidate committee of a candidate running for any County of Bergen office, five hundred dollars ($500) to a political party committee within the County of Bergen, five hundred dollars ($500) to a county party committee within the County of Bergen, or to a political action committee referenced in this chapter, without violating subsection A of this section. However, any group of individuals meeting the definition of business entity under this section, including such principals, partners, and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of five thousand dollars ($5,000) to all candidates or committees in the County of Bergen and political action committees or continuing political committees referenced in this ordinance combined, without violating subsections A or B of this section. E. For the purposes of this chapter, the office that is considered to have ultimate responsibility for the award of the contract shall be the Board of Chosen Freeholders of the County of Bergen even if the contract only requires approval or appropriation from the Board of Chosen Freeholders, or if by an individual who is responsible for the award of the contract who is appointed by the Board of Chosen Freeholders. SECTION 2. Sworn Contribution Certification by Business Entities. A. Prior to awarding any contract or agreement to procure services, including insurance coverage services, with any business entity, the county or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement in a form to be prepared by legal counsel for the Board of Chosen Freeholders from the business entity certifying under penalty of perjury that the bidder, or officer or owner thereof, has not made a contribution in violation of this chapter. B. The professional business entity shall have a continuing duty to report any violations of this chapter that may occur during the negotiation or duration of a contract. The certification required under this section shall be made prior to entry into the contract or agreement with the county and shall be in addition to any other certifications that may be required by any other provision of law. SECTION 3. Wheeling Restrictions. A. No candidate committee for any candidate for a County of Bergen office shall accept a contribution from a county committee of a political party, other than the county committee of the county in which the candidate or candidates reside, in excess of five hundred dollars ($500) per election. B. No candidate committee for any candidate for a County of Bergen office shall accept a contribution from a state political party in excess of five hundred dollars ($500) per
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election. C. No candidate committee for any candidate for a County of Bergen office shall accept a contribution from a legislative leadership committee in excess of five hundred dollars ($500) per election. D. No candidate committee for any candidate for a County of Bergen office shall accept a contribution from a continuing political committee or PAC in excess of five hundred dollars ($500) per election. E. No candidate committee for any candidate for a County of Bergen office shall accept a contribution from another candidate committee, other than from a candidate committee located in at least part of Bergen County, in excess of five hundred dollars ($500) per election. F. No candidate committee for any candidate for a County of Bergen office shall accept a contribution from a municipal political party committee, other than a municipal political party committee of a municipality located in Bergen County, in excess of five hundred dollars ($500) per election. SECTION 4. Non-Circumvention Provision. It shall be a breach of the terms of the applicable County of Bergen professional service agreement for a business entity to: (i) make or solicit a contribution in violation of this chapter; (ii) knowingly conceal or misrepresent a contribution in violation of this chapter; (iii) make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; (iv) make or solicit any contributions on the condition or with the agreement that it will be contributed to a campaign committee of any candidate or holder of the public of the County of Bergen; (v) engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the business entity itself, would subject that entity to the restrictions of this chapter; (vi) fund contributions made by third parties, including consultants, attorneys, family members, and employees; (vii) engage in any exchange of contributions to circumvent the intent of this chapter; or (viii) directly or indirectly, through or by any other person or means, do any act which would subject that entity to the restrictions of this chapter. SECTION 5. Penalties. Any business entity found to have knowingly violated a provision of this chapter by making an impermissible contribution, by failing to reveal a contribution made in violation of this chapter, or by knowingly making or soliciting contributions through intermediaries for the purpose of concealing or misrepresenting the source of the

contribution, shall be debarred and disqualified from eligibility from holding or bidding on public contracts being awarded by the County of Bergen for a period of three calendar years from the date of the violation.
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SECTION 6. Return of Excessive Contributions. A business entity, candidate or officeholder, municipal or county party committee or political action committee referenced in this chapter may cure a violation under this chapter, if, within thirty days after the contribution, the entity notifies the governing body of the public entity responsible for the award of the contract in question in writing and seeks and receives reimbursement of a contribution from a county candidate, officeholder, municipal or county political party or political action committee referenced in this chapter. SECTION 7. Contributions Made Prior to the Effective Date. No contribution of money or any other thing of value, including in-kind contributions, made by a business entity to any candidate committee, municipal or county party committee or political action committee referenced in this chapter shall be deemed a violation of this chapter, nor shall an agreement for property, goods, or services, of any kind, whatsoever, be disqualified thereby, if that contribution was made by the business entity prior to the effective date of this chapter. SECTION 8. Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the remaining portions of this chapter. SECTION 9. Repealer. Any ordinance, resolution or provision of the Administrative Code of the County of Bergen inconsistent with the terms of this chapter is hereby repealed to the extent of such inconsistency. SECTION 10. Effective date. This chapter shall become effective January 1, 2012 upon passage and publication in accordance with law.