[HISTORY: Adopted by the Township Committee
of the Township of Waterford 2-8-2017 by Ord. No. 2017-4.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Professional service contracts — See Ch. 10.
[1]
Editor's Note: This ordinance also repealed former Ch. 212,
Political Contributions, which consisted of Art. I, Soliciting or
Accepting on Municipal Property, adopted 7-12-2000 by Ord. No. 2000-10.
The Township of Waterford reaffirms the policy of the Township
to set maximum dollar amounts that professional business entities
may contribute politically, beyond which they become ineligible to
receive a public professional service contract from the Township of
Waterford, as well as the Township's policy to prohibit professional
business entities which are performing or being paid under existing
contracts with the Township from making political contributions in
amounts that exceed the Township's limits on political contributions
by professionals. The Township also hereby establishes a policy prohibiting
the transfer or "wheeling" of political contributions by professionals
to candidates of municipal political committees who are not affiliated
with the Township of Waterford.
For purposes of this article, the terms used herein shall be
given the broadest possible meaning in order to effectuate the policy
objectives stated and adopted. Certain specific terms used shall have
the following meanings:
The act of giving money or providing in-kind contributions
to aid a municipal political candidate or any of the political party
committees or PACs otherwise referenced in this article.
Shall have the same meaning as "contributing."
Shall be given the same meaning and use generally utilized
by the Election Law Enforcement Commission of the State of New Jersey
under the statutes and regulations governing that agency. The term
shall include but not be limited to payments or donations of money
and in-kind contributions.
The terms "PAC" or PACS" are abbreviations for "political
action committee" or "political action committees," respectively.
The terms refer to organizations that regularly engage in, or whose
primary purpose is, the support of municipal elections and/or municipal
parties in excess of the thresholds specified in this article. The
foregoing shall be limited to organizations and entities which support
or oppose Waterford Township candidates for Mayor or Township Committee,
or which engage in political activities in support of or opposition
to candidates for Waterford Township Mayor or Waterford Township Committee.
Has the same definition as "contributions" hereinabove.
A "professional business entity" seeking a public contract
means individuals and firms engaged in the rendering of legal services,
engineering services, survey work, architectural services, planning
services, design services, financial consulting and other consulting
work, auditing, accounting, appraisal services, insurance services
and banking. If a professional business entity is an individual, the
definition includes the individual and individual's spouse, if
any, and any child living at home. "Professional business entities"
also include firms, corporations, professional corporations, partnerships,
business organizations, and/or business associates who provide professional
services, where those professional services are exempt from public
bidding for public contracts pursuant to the Local Public Contracts
Law.
A.
Any other provision of law to the contrary notwithstanding, Waterford Township or any of its purchasing agents or agencies or those of its independent authorities, the Planning Board and Zoning Board, as the case may be, shall not enter into an agreement or otherwise contract to procure professional, banking, 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, to any Waterford Township municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting each candidate or officeholder, or to any Waterford Township political party committee or PAC that regularly engages in, or whose primary purpose is the support of, municipal elections and/or municipal parties in excess of the thresholds specified in Subsection D within one calendar year immediately preceding the date of the contract or agreement.
B.
No professional business which enters into negotiations for, or agrees
to, any contract or agreement with the municipality or any department
or agency thereof or of its independent authorities for the rendering
of professional, banking or 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 contribution, including in-kind contributions, to any Waterford
Township municipal candidate or holder of the public office having
ultimate responsibility for the award of the contract, or campaign
committee supporting such candidate or officeholder, or to any Waterford
Township political party committee or PAC that regularly engages in,
or whose primary purpose is the support of, municipal elections and/or
municipal parties between the time of first communications between
that business entity and Waterford Township regarding a specific professional
services agreement and the termination of negotiations or the completion
of the contract or agreement, whichever is later.
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, partners,
and officers in the aggregate employed by the entity as well as any
subsidiaries directly controlled by the business entity.
D.
Any professional business entity under this section may annually contribute a maximum of $2,600 each for any purpose to any candidate for Mayor or Township Committee, or $7,200 to a Waterford Township political party committee or PAC without violating Subsection A of this section.
E.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be:
(1)
The Waterford Township Committee and the Mayor of Waterford Township,
if the contract requires approval or appropriation from the Committee.
(2)
The Mayor of Waterford Township, 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.
(3)
The Waterford Township Land Use Planning Board.
F.
Contributions given to members of, or candidates for, another municipal
governing body that is engaged in a shared services or joint purchasing
agreement with Waterford Township shall not be deemed in violation
of this article nor does the article preclude the participation of
a shared services or joint purchasing agreement on account of such
contributions.
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 Township Committee, or Waterford
Township political party committee or PAC referenced in this article
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, including banking or insurance coverage services, with any professional business entity, the Township or any of its purchasing agents or agencies and the Planning Board, as the 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 § 212-4 of this article.
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
Township and shall be in addition to any other certifications that
may be required by any other provision of law.
A professional business entity or Township candidate or officeholder or Waterford Township political party committee or PAC referenced in this article may cure a violation of § 212-4 of this article, if, within 60 days after the date on which the applicable ELEC report is published, the professional business entity notifies the Township Committee in writing and seeks and receives reimbursement of a contribution from the Waterford Township candidate or municipal or committee or PAC referenced in this article.
A candidate for Mayor or Township Committee shall not make a
contribution to any other candidate committee or municipal party committee
not affiliated with the Township of Waterford; nor shall any such
candidate accept a contribution from any other candidate committee
or municipal party committee not affiliated with the Township of Waterford.
A.
It shall be a breach of the terms of the Waterford Township professional
services agreement for a business entity to:
(1)
Make or solicit a contribution in violation of this article;
(2)
Knowingly conceal or misrepresent a contribution given or received;
(3)
Make or solicit a contribution through intermediaries for the purpose
of concealing or misrepresenting the source of the contribution;
(4)
Make or solicit any contribution on the condition or with the agreement
that it will be contributed to a campaign committee of any candidate
or holder of the public office of Waterford Township;
(5)
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 article;
(6)
Fund contributions made by third parties, including consultants,
attorneys, family members, and employees;
(7)
Engage in any exchange of contributions to circumvent the intent
of this article; or
(8)
Directly or indirectly, through or by any other person or means,
do any act which would subject that entity to the restrictions of
this article.
It is the purpose of this article that, notwithstanding that
professional services contracts and certain other contracts for goods
and services are exempt from the competitive bidding requirements
of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., the
Township Committee deems it appropriate, and consistent with the provisions
of the New Jersey legislation, now codified at N.J.S.A. 19:44A-20.1
et seq., to award such contracts through a competitive, quality-based,
fair and open process.
The Township of Waterford, or any agency or instrumentality
thereof, shall not enter into a contract, including a professional
services contract, or such other contract, which is exempt from public
bidding requirements, having an anticipated value in excess of $10,000
as determined by the municipality, agency or instrumentality, with
a business entity, except a contract that is awarded pursuant to a
fair and open process, if, during the preceding one-year period, that
business entity has made a contribution that is reportable by the
recipient under N.J.S.A. 19:44A-1 et seq., to any municipal committee
of a political party in that municipality if a member of that political
party is serving in an elected public office of that municipality
when the contract is awarded or to any candidate committee of any
person serving in an elected public office of that municipality when
the contract is awarded. The fair and open process shall be quality-based
and shall be as follows:
A.
Professional services may be awarded by virtue of a publicly advertised
request for qualification ("RFQ") and/or request for proposal ("RFP"),
which will be issued as one document for those appointments which
are made on an annual basis.
B.
For said positions, no contract shall be awarded unless and until
the positions are:
(1)
Publicly advertised in newspapers in sufficient time to give notice
in advance of the solicitation for contracts;
(2)
Awarded under a process that provides for public solicitation of
proposals and qualifications:
(3)
Awarded and disclosed under criteria established in writing by the
Township of Waterford prior to the solicitation of proposals or qualifications;
and
(4)
Publicly announced when awarded; and as to those RFQs and RFPs which
prove to be unsuccessful, the Township Clerk shall retain a copy of
same on file for a period of not less than 60 days.
C.
For contracts which arise on an occasional basis, such as appraisers
needed for acquisition of farmland and/or open space, as well as title
searches, surveying, and similar work associated with same, and comparable
assignments, such as planning services needed for Master Plan updates,
appraisals, special counsel, special project engineer contracts, etc.,
professional services contracts may be awarded without following the
foregoing provisions, so long as:
Notwithstanding the foregoing, the Township Committee recognizes
that the New Jersey Legislature has provided for the occurrence of
certain emergencies, and further recognizes that, therefore, the procedure
outlined above might not be capable of being achieved in the event
of an emergency or similar time constraints. Thus, should a situation
arise, and time does not permit resort to this procedure, and the
immediate performance of services is necessary, then an award for
same may be made in accordance with the provisions of the Local Public
Contracts Law relating to emergency contracts, and such rules and
regulations as may be promulgated, from time to time, by the Township
Committee with regard to same. No such emergency contracts, however,
may be awarded without submission to the Township Clerk of a certification
establishing a basis for the deviation from the procedures outlined
herein.
