[HISTORY: Adopted by the Board of Commissioners of the Township of
Long Beach 12-7-2004 by Ord. No. 04-34C.
Amendments noted where applicable.]
A.
Whereas, professional business entities are exempt from
public bidding requirements; and
B.
Whereas, there is the potential for professional business
entities to make substantial political contributions to the election campaigns
of the local government elected officers who are ultimately responsible for
awarding professional service contracts; and
C.
Whereas, substantial local political contributions from
professionals receiving discretionary contracts from the elected officials
who receive such contributions raise reasonable concerns on the part of taxpayers
as to their trust in the process of local government, as well as the quality
or cost of services received; and
D.
Whereas, pursuant to N.J.S.A. 40A:11-5 and N.J.S.A. 40:48-2,
municipalities have the right to establish rules and procedures for contracting
with professional business entities;
E.
Now, therefore, be it ordained, that the policy of the
Township will be to set maximum amounts professional business entities may
contribute politically beyond which they become ineligible to receive a public
professional service contract from the Township.
A.
Any other provision of law to the contrary notwithstanding,
the Township of Long Beach or any of its purchasing agents or agencies, including
all boards and commissions, or any of its independent authorities, as the
case may be, shall not enter into an agreement or otherwise contract to procure
services 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 or purchase of tickets, advertisements or the like,
which proceeds will be used by or on behalf of or to a campaign committee
of any candidate or holder of an public office in the Township of Long Beach
at a cost or expense exceeding the sum of $250 during any of two calendar
years immediately preceding the date of the contract or agreement or during
the term of such contract or agreement.
B.
No professional business entity which enters into negotiations
for, or agrees to, any contract or agreement with the municipality or any
department, board, commission or agency thereof or of its independent authorities
for the rendition of professional services shall knowingly solicit or make
any contribution of money, or pledge of a contribution, including in-kind
contributions or purchase of tickets, advertisements or the like, which proceeds
will be used by or on behalf of or to any candidate or holder of any public
office of the Township of Long Beach.
C.
Any professional business entity which makes contributions
after the effective date of this chapter, shall be barred from contracting
with Long Beach Township for a period two years from the date of the latest
contribution which would bar a professional contract pursuant to the terms
of this section.
D.
For purposes of this ordinance, 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 partners and officers
and all employees employed by the entity as well as any subsidiaries directly
controlled by the business entity.
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 the Township Commission shall be deemed a violation of this ordinance,
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 ordinance.
A.
Prior to awarding any contract or agreement to procure services with any professional business entity, the Township 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 the bidder or offeror has not made a contribution in violation of § 26-2 hereof and has not made or solicited contributions through intermediaries for the purpose of concealing the source of the contribution(s).
B.
The professional business entity shall have a continuing
duty to report any violations of this ordinance 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
Township and shall be in addition to any other certifications that may be
required by any other provision of law.
It is anticipated that there may be some professional business entities
which determine to attempt a legalistic adherence to the letter, rather than
the spirit of this ordinance. It is the declared intent of this municipal
governing body to remain vigilant to recognize such attempts to subvert the
underlying purposes for which this ordinance was adopted. Any professional
business entity which may attempt such creative subversion does so at its
peril. If and in the event creative actions are taken in order to defeat the
purposes of this ordinance, it is the intention of the governing body to enact
appropriate clarification of this ordinance, which clarification shall be
retroactive to the initial effective date of this ordinance thereby disqualifying
such creative professional business entities from serving the Township. Changes
to this ordinance which are not for purposes of clarification, but which are
amendments to the provisions hereto, shall become effective upon adoption
and publication according to law.
A.
All Township professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional business entity as defined in § 26-2C to violate § 26-2C 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.
B.
Any professional business entity as defined in § 26-2C who knowingly fails to reveal a contribution made in violation of this ordinance, 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 Township contracts for a period of four calendar years from the date of the violation.
