[HISTORY: Adopted by the Township Committee of the Township
of Mullica as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Claims and purchasing procedures — See Ch. 43.
[Adopted 8-9-2011 by Ord. No. 9-2011]
For purposes of this article, a "professional business entity"
and a "vendor" mean an individual, including the individual's
spouse, if any, and any child living at home; a person; a firm; a
corporation; a partnership; an organization; or an association. The
definition of a professional business entity and vendor includes all
principals who own 10% or more of the equity in the firm, corporation,
partnership, organization, or association, as well any subsidiaries
directly controlled by the professional business entity or vendor.
This definition shall include a provider of extraordinary unspecifiable
services as defined in N.J.S.A. 40A:11-5(1)(a), but shall exclude
nonprofit corporations under Internal Revenue Code Section 501(c)(3),
and their officers and board members.
A.
To
the extent that it is not inconsistent with state or federal law,
the Township of Mullica and any of its purchasing agents or departments
of instrumentalities of the Township thereof, as the case may be,
shall not enter into any agreement with, or otherwise contract to
procure services from, any professional business entity or vendor,
including those awarded pursuant to any process including a fair and
open process, if such professional business entity or vendor has solicited
or made any contribution of money, or pledge of a contribution, including
in-kind contributions, to:
B.
No
professional business entity or vendor who submits a proposal for,
enters into negotiations for, or agrees to any contract or agreement
(including contracts awarded under the "fair and open" process pursuant
to N.J.S.A. 19:44A-20 et seq.) with the Township or any departments
thereof, for the rendition of professional services, or goods and
services, as the case may be, shall knowingly solicit or make any
contribution of money, pledge of contributions, including in-kind
contributions, to: any Township Committee candidate or holder of public
office having ultimate responsibility for the award of a contract,
or to any Township of Mullica or Atlantic County political party committee,
or to any CPC that regularly engages in the support of candidates
for office in Mullica Township, between the time of first communication
between that professional business entity or vendor and the Township
regarding a specific professional services agreement or goods and
services agreement, as the case may be, and the later of the termination
of negotiations or rejection of any proposal, or the completion of
the contract or agreement.
C.
Anyone meeting the definition of professional business entity and vendor under this article may annually contribute a maximum of $300 each or up to the amount of reportable contributions as may from time to time be established by the Election Law Enforcement Commission (ELEC) for any purpose to any candidate for Township Committee or current office holder, or $300 to a Township of Mullica political party committee, or $500 to the Atlantic County political party committee, or $500 to a CPC referenced in this article, without violating Subsection A of this section. However, any group of individuals meeting the definition of professional business entity or vendor under this article may not annually contribute for any purpose in excess of $2,500 in the aggregate to all Township of Mullica candidates and officeholders with ultimate responsibility for the award of the contract, all Township of Mullica and Atlantic County political party committees, and any CPCs referenced in this article combined, without violating Subsection A of this section.
D.
For
purpose of this article, the office that is considered to have ultimate
responsibility for the award of the contract shall be the Township
Committee of the Township of Mullica.
No contributions of money or any other thing of value, including
in-kind contributions, made by a professional business entity or vendor
to any Township Committee candidate or holder of public of office,
Township of Mullica or Atlantic County political party committee,
or CPC 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 or vendor prior to the
effective date of this article.
A.
Prior to awarding any contract or agreement to procure services with any professional business entity and any contract or agreement to procure goods and services from a vendor, the Township of Mullica or its purchasing agents and departments, as the case may be, shall receive a sworn statement from the professional business entity or vendor, made under penalty of perjury, that the bidder or offer or has not made a contribution in violation of § 6-2 of this article.
B.
The
professional business entity and vendor shall have a continuing duty
to report any violations of this article that may occur during the
negotiation, proposal process or duration of a contract. The certification
required under this section shall be made prior to entry into the
contact or agreement with the Township of Mullica, or prior to the
provision of services or goods, as the case may be, and shall be in
addition to any other certifications that may be required by any other
provision of law.
A professional business entity, vendor, or Township candidate or officeholder, or Township of Mullica or Atlantic County political party committee or CPC referenced in this article, may cure a violation of § 6-2 of this article, if, within 30 days after the date on which the applicable ELEC Report is published, the professional business entity or vendor notifies the municipality in writing and seeks and receives reimbursement of the contribution from the relevant municipal candidate or officeholder, Township of Mullica or Atlantic County political party or CPC referenced in this article.
A.
The
contribution limits specified within this article do not apply to
contracts or agreements awarded pursuant to a public bid or competitive
contract process pursuant to state law or to those contracts awarded
as emergency contracts when the public agency requires the immediate
emergency services as determined by resolution of the Mullica Township
Committee after finding those facts which support of conclusion of
imminent danger to the health and welfare of the Township of Mullica
citizenry.
B.
The
contribution limits specified within this article do not apply to
contracts or agreements having an anticipated value in the aggregate
of less than $10,000 annually per professional business entity or
vendor, as determined in advance by the Township of Mullica.
A.
It
shall be a breach of the terms of the Township of Mullica professional
service agreement or agreement for goods or services for a professional
business entity or vendor 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 contributions 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 the Township of Mullica;
(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.
The regulatory and penalty provisions of this article shall
be incorporated by reference into all Township of Mullica contracts
for professional services and extraordinary unspecifiable services.
