Township of Weymouth, NJ Contractor Pay-To-Play Reform

A firm; corporation; professional corporation; partnership; limited liability company; organization; association; and any other manner and kind of business entity;

Any person who owns 10% or more of the equity or ownership or income interests in a person or entity as defined in Subsections A and B above and their spouses and child/children;

All partners or officers of such an entity, in the aggregate, and their spouses and child/children;

Any person, subcontractor, subsidiary, corporation, firm, partnership, limited liability company, organization or association who has received or indefeasibly acquired the right to receive, from a person described in Subsection A above, more than $100,000 in compensation or income of any kind (including, by way of illustration, and not limitation: wages, salaries, sums paid to independent contractors, benefits, dividends, profit-sharing, pension contributions, deferred contributions, stocks, stock options or gifts), in any twelve-month period prior to the award of, or during the term of, a contract subject to this chapter; and

All persons who are an "affiliate" of a business entity as defined in Subsections A, B and E above, as such term is used in 11 U.S.C. § 101(2).

CONTRACT FOR PROFESSIONAL OR EXTRAORDINARY SERVICES

All contracts for "professional services" and "extraordinary unspecifiable services" as such terms are used in N.J.S.A. 40A:11-5.

CONTRIBUTION

Has the meaning prescribed in N.J.A.C. 19:25-1.7. By way of illustration, and not limitation, this definition includes pledges, loans, and in-kind contributions.

§ 25-2 Prohibition on awarding public contracts to certain contributors.

To the extent that it is not inconsistent with state or federal law, the Township of Weymouth and any of its departments, instrumentalities or purchasing agents shall not enter into any agreement or otherwise contract to procure "professional services" as such term is defined at N.J.S.A. 40A:11-5(6) and used at N.J.S.A. 40A:11-5(1)(a)(i) and/or banking, insurance or other consulting services (hereinafter "professional services"), nor "extraordinary unspecified services" as such term is defined at N.J.S.A. 40A:11-2(7) and used at N.J.S.A. 40A:11-5(1)(a)(ii) and/or media, public relations, lobbying, parking garage management or other consulting and/or management service (hereinafter "extraordinary unspecified services") from any business entity if such business entity has solicited or made any contribution to:

(1)

Any Township Committee candidate or holder of public office having ultimate responsibility for the award of a contract;

(2)

To any Township of Weymouth or County of Atlantic political party committee; or

(3)

To any continuing political committee (CPC) that regularly engages in the support of candidates for elective office in Weymouth Township municipal or Atlantic County elections in excess of the thresholds specified in Subsection C within one calendar year immediately preceding the date of the contract or agreement.

No business entity who submits a proposal for, enters into negotiations for, or agrees to any contract or agreement (including nonemergency contracts awarded by the "fair and open" process pursuant to N.J.S.A. 19:44A-20 et seq.) with the Township of Weymouth or any of its departments or instrumentalities, for the rendition of professional services or extraordinary unspecified services shall knowingly solicit or make any contribution, to:

(1)

Any Township Committee candidate, or other elective office in Weymouth Township, or a holder of public office having ultimate responsibility for the award of a contract;

(2)

To any Township of Weymouth or County of Atlantic political committee or political party committee; or

(3)

Any CPC that regularly engages in the support of candidates for elective office in Weymouth Township between the time of first communication between that business entity and the municipality regarding a specific agreement for professional services or extraordinary unspecified services, and the later of the termination of negotiations or rejection of any proposal, or the completion of the performance or specified time period of that contract or agreement.

Anyone meeting the definition of business entity under this section 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 Weymouth political committee, or $500 to the Atlantic County political party committee, or $500 to a CPC referenced in this chapter, without violating Subsection A of this section.

For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:

(1)

The Township Committee of Weymouth Township, if the contract requires approval or appropriation from the Mayor or the Governing body; or

(2)

The Mayor of the Township of Weymouth, 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.

Rules regarding subcontractors. No person may be awarded a subcontract to perform under a contract subject to this chapter, if the subcontractor would be disqualified by Subsection A from receiving the contract at the time that the subcontract is awarded. Nor may any person who would be disqualified by Subsection A from receiving the contract perform substantially all of obligations described in a contract for professional or extraordinary services that is subject to this chapter.

§ 25-3 Contributions made prior to effective date.

No contribution or solicitation of contributions made prior to the effective date of this chapter shall be deemed to give rise to a violation of this chapter.

§ 25-4 Contract renewal.

No contract subject to this chapter may be renewed, extended, or materially modified unless the resulting renewal, extension, or modification would be allowable under the provisions of this chapter if it were an initial contract.

§ 25-5 Contribution statement by business entity.

Prior to awarding any contract or agreement to procure professional services or extraordinary unspecified services from any business entity, the Township of Weymouth or its purchasing agents and departments, as the case may be, shall receive a sworn statement from said business entity which is the intended recipient of said contract that he/she/it has not made a contribution in violation of this chapter, prior to awarding the contract or agreement.

A business entity shall have a continuing duty to report to the Township of Weymouth any contributions that constitute a violation of this act that are made during the negotiation, proposal process or the duration of a contract. The Township of Weymouth, its purchasing agents and departments shall be responsible for informing the governing body within 10 business days after receipt of said report from the business entity, or at the next Weymouth Township Committee meeting following receipt of said report from the business entity, or whichever comes first.

The certification required under this section shall be made prior to entry into the contract or agreement with the Township of Weymouth, 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.

§ 25-6 Return of excess contributions.

A business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of this chapter, if, within 30 days after the date on which the applicable ELEC report is published, said business entity notifies the municipality in writing and seeks and receives reimbursement of the contribution from the recipient of such contribution.

§ 25-7 Exemptions.

The contribution limits specified within this chapter do not apply to contract 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 Weymouth Township Committee, after finding those facts which support a conclusion of imminent danger to the health and welfare of the Township of Weymouth citizenry.

The contribution limits specified within this chapter 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 Weymouth.

§ 25-8 Violations and penalties.

It shall be a material breach of the terms of a Weymouth Township agreement or contract for professional services or extraordinary unspecified services when a business entity that is a party to such agreement or contract has:

(1)

Made or solicited a contribution in violation of this chapter;

(2)

Knowingly concealed or misrepresented a contribution given or received;

(3)

Made or solicited contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution;

(4)

Made or solicited any contribution on the condition or with the agreement that it will be recontributed to a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in the Township of Weymouth, or a holder of public office having ultimate responsibility for the award of a contract, or any Weymouth Township or Atlantic County political committee or political party committee, or any PAC;

(5)

Engaged or employed 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 professional business entity itself, would subject that entity to the restrictions of this chapter;

(6)

Funded contributions made by third parties, including consultants, attorneys, family members, and employees;

(7)

Engaged in any exchange of contributions to circumvent the intent of this chapter; or

(8)

Directly or indirectly, through or by any other person or means, done any act which if done directly would subject that entity to the restriction of this chapter.

Furthermore, any business entity that violates Subsection A(1) through (8) shall be disqualified from eligibility for future Weymouth Township contracts for a period of four calendar years from the date of the violation.

Any person who knowingly, purposely, or recklessly violates any provision of this chapter, or who conspires with another person to violate any provision of this chapter, or who, with the purpose of promoting or facilitating a violation of this chapter, solicits another person to commit a violation, or aids or agrees, or attempts to aid another person in planning or committing a violation, shall be subject to punishment including fines and/or imprisonment as fixed by law for violations of the ordinances of the Township of Weymouth.

§ 25-9 Severability.

If any provision of this chapter, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be given effect, or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby, and to this extent, the provisions of this chapter are severable.

§ 25-10 Incorporation by reference.

The regulatory and penalty provisions of this chapter shall be incorporated by reference into all Township of Weymouth contracts for professional services and extraordinary unspecifiable services.