For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be: The City of Perth Amboy, if the contract requires approval or authorization from the Council. The Mayor of the City of Perth Amboy, if the contract requires approval of the Mayor, or if a public officer who is responsible for the award of contract is appointed by the Mayor. Contributions Made Prior to the Effective Date of this Section. 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, 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 prior to the effective date of this section. Contribution Statement by Professional Business Entity. Prior to awarding any contract or agreement without public bid, any service which the City would be permitted to procure on a "no bid" basis pursuant to the statute to any professional business entity, the City or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that it has not made a contribution in violation of this ordinance. The professional business entity shall have a continuing duty to report any violations of this section 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 City and shall be in addition to any other certifications that may be required by any other provision of law. Return of Excess Contributions. A professional business entity or local candidate or officeholder in this section may cure a violation of this ordinance if, within thirty (30) days after the general election, the professional business entity notifies the City Council in writing and seeks and receives reimbursement of a contribution from the entity to whom the contribution was made. Penalty. All City agreements with Professional Business Entities shall provide that it shall be a material breach of the terms of the government contract for a professional business entity to violate, or to aid or abet a violation, or to knowingly conceal or misrepresent contributions given
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be: The City of Perth Amboy, if the contract requires approval or authorization from the Council. The Mayor of the City of Perth Amboy, if the contract requires approval of the Mayor, or if a public officer who is responsible for the award of contract is appointed by the Mayor. Contributions Made Prior to the Effective Date of this Section. 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, 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 prior to the effective date of this section. Contribution Statement by Professional Business Entity. Prior to awarding any contract or agreement without public bid, any service which the City would be permitted to procure on a "no bid" basis pursuant to the statute to any professional business entity, the City or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that it has not made a contribution in violation of this ordinance. The professional business entity shall have a continuing duty to report any violations of this section 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 City and shall be in addition to any other certifications that may be required by any other provision of law. Return of Excess Contributions. A professional business entity or local candidate or officeholder in this section may cure a violation of this ordinance if, within thirty (30) days after the general election, the professional business entity notifies the City Council in writing and seeks and receives reimbursement of a contribution from the entity to whom the contribution was made. Penalty. All City agreements with Professional Business Entities shall provide that it shall be a material breach of the terms of the government contract for a professional business entity to violate, or to aid or abet a violation, or to knowingly conceal or misrepresent contributions given
ordinancepubliccontracting-1.docx