[HISTORY: Adopted by the Township Committee of the Township of Boonton as indicated in article histories. Amendments noted where applicable.]
Article I Awarding of Public Contracts
[Adopted 6-11-2012 by Ord. No. 809]
As used in this article:
- BUSINESS ENTITY
- Any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this state or of any other state or foreign jurisdiction.
- A. An individual seeking election to a public office of this state or of a county, municipality or school or fire district at any election;
- B. An individual who shall have been elected or failed of election to an office, other than a party office, for which he or she sought election and who receives contributions and makes expenditures for any of the purposes authorized by N.J.S.A. 19:44A-11.2; and
- D. This definition does not include an individual seeking federal elective office, or state, county or municipal political party office.
- CANDIDATE COMMITTEE
- A committee established by a candidate pursuant to N.J.S.A. 19:44A-9a for the purpose of receiving contributions and making expenditures.
- Includes every loan, gift, subscription, advance or transfer of money or other thing of value, including any in-kind contribution, made to or on behalf of any candidate committee, joint candidates committee, political committee, continuing political committee, political party committee or legislative leadership committee and any pledge or other commitment or assumption of liability to make such transfer. For purposes of this article, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed. Funds or other benefits received solely for the purpose of determining whether an individual should become a candidate are contributions.
- Any election in which a public question is to be voted upon by the voters of the state or any political subdivision thereof; and any election for any public office of the state or any political subdivision thereof. It does not include federal elective office, or state, county or municipal political party office.
- FAIR AND OPEN PROCESS
- At a minimum, that the contract shall be: publicly advertised in newspapers or on the Internet website maintained by the Township in sufficient time to give notice in advance of the contract; awarded under a process that provides for public solicitation of proposals or qualifications and awarded and disclosed under criteria established in writing by the Township prior to the solicitation of proposals or qualifications; and publicly opened and announced when awarded. The decision of the Township as to what constitutes a fair and open process shall be final.
- The ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit, as appropriate.
The Township shall not enter into a contract having an anticipated value in excess of $17,500, as determined in advance and certified in writing by the Township, 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 the Township if a member of that political party is serving in an elective public office of the Township when the contract is awarded or to any candidate committee of any person serving in an elective public office of the Township when the contract is awarded.
A business entity that has entered into a contract having an anticipated value in excess of $17,500 with the Township, except a contract that is awarded pursuant to a fair and open process, shall not make a contribution reportable by the recipient under N.J.S.A. 19:44A-1 et seq. to any municipal committee of a political party in the Township if a member of that political party is serving in an elective public office of the Township when the contract is awarded or to any candidate committee of any person serving in an elective public office of the Township when the contract is awarded, during the term of the contract.
No contribution made prior to the effective date of this article shall be deemed to give rise to a violation of this article.
Prior to awarding any contract, except a contract that is awarded pursuant to a fair and open process, the Township shall require the business entity to which the contract is to be awarded to provide a written certification that it has not made a contribution that would bar the award of a contract pursuant to the New Jersey Campaign Contributions and Expenditures Reporting Act, N.J.S.A. 19:44A-1 et seq.
A business entity that is a party to a contract with the Township may cure a violation of § 8-2 of this article, if, within 60 days after the date on which the applicable Election Law Enforcement Commission (ELEC) report is published, said business entity notifies the Township in writing and seeks and receives reimbursement of the contribution from the recipient of such contribution.
Compliance with this article shall not relieve a business entity of its obligations to comply with the provisions of the New Jersey Campaign Contributions and Expenditures Reporting Act, N.J.S.A. 19:44A-1 et seq., and any other related statutory or regulatory provisions.