[Added 5-23-2011 by Ord. No. 2011-05]
As used in this article, the following terms shall have the
meanings indicated:
An agreement for the rendering of professional services to
or on behalf of the Township, as defined herein, and without regard
to whether the said agreement or contract is awarded pursuant to and
in accordance with the "Fair and Open" procedures as established in
the "Pay-to-Play" Law, N.J.S.A. 19:44A-20.4 et seq.
An agreement for the purchasing of goods to or on behalf
of the Township and any vendor contracts for the procurement of goods
or services not considered "professional" as defined in the Local
Public Contracts Law, N.J.S.A. 40A:11-1 et seq., above the public
bid threshold that may be established from time to time by the State
of New Jersey, and without regard to whether the said agreement or
contract is awarded pursuant to and in accordance with the "Fair and
Open" procedures as established in the "Pay-to-Play" Law, N.J.S.A.
19:44A-20.4 et seq.
Any contribution, whether in the form of money, free service
or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any campaign committee or election fund of any candidate for, or
holder of the office of, Mayor or Council of the Township, or to any
municipal or party committee or political club or organization within
the Township; the term "directly or indirectly" as used herein shall
further mean and include any campaign contributions made through intermediaries
or third parties for the purpose of concealing the source of the contribution(s).
Andover campaign contribution, county campaign contribution
and/or pass-through campaign contribution as defined herein.
Any contribution, whether in the form of money, free service
or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any county-level political organization or county-level campaign
committee or fund within the County of Sussex; the term "directly
or indirectly" as used herein shall further mean and include any campaign
contributions made through intermediaries or third parties for the
purpose of concealing the source of the contribution(s).
Any corporation, professional corporation, joint venture,
general or limited partnership, trust or limited-liability company,
or subsidiary or parent of any of the foregoing.
Any vendor who has during the preceding three-year period made campaign contributions in excess of the limits set forth in § 3-101 of the Revised General Ordinances of the Township of Andover.
A list of ineligible vendors maintained by the Township Administrator
or his designee of the Township in accordance with the provisions
of this article.
Any contribution, whether in the form of money, free service
or pledge, including without limitation any in-kind contributions,
or purchases of tickets, advertisements or the like, directly or indirectly,
to any campaign committee or election fund of any candidate for or
holder of the office of Township Committee of the Township, or to
any municipal or party committee or political club or organization
within the Township, that is received from the election fund or other
campaign account of any elected official or candidate for any office
other than Township Committee of the Township, or from any county
political organization, county campaign committee or political action
committee or fund within or without the County of Sussex.
The Township of Andover as a municipal entity, and any elected
official, officer, employee, agent, department, board or commission
of the Township of Andover.
Any individual person or entity who either negotiates, bids
or otherwise seeks to enter into an agreement to purchase goods or
services as defined herein. In the case of any vendor who is an individual
person, the term shall also include the individual's spouse, if any,
and any child living at home, as well as any entity by whom any of
them are employed or in which any of them have an ownership interest
in excess of 10%. In the case of any vendor who is an entity, the
term shall also include each and every principal of the said entity
who has an ownership interest in excess of 10% in the entity, or any
parent or subsidiary of the entity, and their spouses, if any, and
any child living at home.
A certification in lieu of affidavit pursuant to which each
vendor shall list each and every Andover campaign contribution and
each county campaign contribution the vendor has made during the preceding
year.
A.Â
The Township shall not enter into any agreement for any professional service or for the purchase of goods or other services with any vendor that has made any campaign contribution in excess of the limits specified in § 3-101 of the Revised General Ordinances of the Township of Andover, during the one-year period immediately preceding the date of the agreement, or during the term of any such agreement.
B.Â
This section shall apply to all professional services contracts, with the exception of Subsection B(4) and (5) below, and to all contracts for the purchase of goods and other services with the exception of the following items:
(1)Â
Contracts that are awarded as a result of open public bidding as
set forth under the Local Public Contracts Law, N.J.S.A. 40A:11-1
et seq.;
(2)Â
Contracts that are offered to the lowest, responsible, qualified
bidder after public advertising for bids and quotes, pursuant to the
provisions of the competitive contracting requirement of the Local
Public Contracts Law, N.J.S.A. 40A:11-1 et seq.;
(3)Â
Contracts with an anticipated aggregate value less than $17,500;
(4)Â
Contracts that are awarded due to certain public exigencies pursuant
to N.J.S.A. 19:44A-20.12;
(5)Â
Contracts with any New Jersey government and/or federal government
agencies;
(6)Â
Contracts with banking institutions, insurance and public utility
companies that are regulated by state restrictions on political contributions;
and
(7)Â
Contracts the Township enters into for the purchase and acquisition
of open space.
No vendor shall knowingly solicit on behalf of, or make any campaign contribution in excess of, the limits specified in § 3-101 herein during the pendency of any such negotiations for, or during the term of, any agreement to purchase goods or services.
Prior to issuing any purchase order or awarding to any vendor an agreement for the sale of goods and services, or making any payment pursuant to the same, or granting any change order in connection therewith, the Township's Administrator, or his/her designee, shall require that the vendor submit the required forms adopted by the State of New Jersey in conjunction with the state's existing "Pay-to-Play" law, in which the vendor shall verify that it has not knowingly made any campaign contribution in excess of the limits set forth in § 3-101 of the Revised General Ordinances of the Township of Andover. The Township Administrator or his/her designee shall keep the original of each such certification of vendor eligibility on file. Notwithstanding anything contained herein to the contrary, the vendor shall have a continuing duty to report immediately to the Township Administrator or his/her designee any campaign contributions made in violation of this section that occur during any time that an agreement for the sale of goods or services is in effect, or that occur during the pendency of any negotiations or bidding by the vendor to enter into such an agreement.
In addition to such other penalties as may be provided by law, any vendor who, after 10 days' notice of the consequences thereof, refuses or otherwise fails to provide the certification required herein, or who knowingly files a false vendor's certification of eligibility, shall be designated by the Township Administrator or his/her designee as an ineligible vendor, and shall be promptly included on the ineligible vendor list maintained pursuant to § 3-105 hereof and shall thereafter be prohibited from entering or continuing any agreement for the sale of goods or services with the Township, and from receiving any payment pursuant to such an agreement for a period of three years from the date the vendor is designated as ineligible.
The Township Administrator or his/her designee shall prepare and at all times maintain a list of vendors who are, by virtue of the provisions of this section, ineligible to enter into an agreement for the sale of goods or services with the Township. The Administrator or his/her designee shall prepare this list based upon information obtained from the submission of the required forms from the vendors pursuant to § 3-103. The Township Administrator or his/her designee shall update the list of ineligible vendors within 10 business days of the receipt of any certifications or information as required in this section.
Notwithstanding any term contained herein to the contrary, this
article shall not consider campaign contributions made prior to September
1, 2011, and no such campaign contributions shall be considered by
the Township Administrator or his/her designee in determining a vendor's
eligibility pursuant to this section.
Any vendor may cure a campaign contribution made in excess of the limits set forth in § 3-101 of this act, if, the said vendor notifies the Administrator or his/her designee of the Township in writing that it has received a reimbursement of a contribution in excess of that allowed in § 3-101 and by attaching a true and correct copy of the check received in reimbursement within 60 days of making such contribution.
