[HISTORY: Adopted by the Council of the Borough of Milford as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-7-2011 by Ord. No. 782-2011]
As used in this article, the following terms shall have the meanings indicated:
- BUSINESS ENTITY
- A business entity whose contributions are regulated by this article means:
- A. An individual, including the individual's spouse and any child/children;
- B. A firm, corporation, professional corporation, partnership, limited-liability company, organization, association, and any other manner and kind of business entity;
- D. All partners or officers of such an entity, in the aggregate, and their spouses and child/children;
- E. Any person, subcontractor, subsidiary, corporation, firm, partnership, limited-liability company, organization or association who or which 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, stock, stock options or gifts) in any twelve-month period prior to the award of, or during the term of, a contract subject to this article; and
- CAMPAIGN COMMITTEE
- Every candidate for Borough of Milford elective municipal office; every candidate committee established by or for the benefit of a candidate for Borough of Milford elective municipal office; every joint candidates committee established in whole or in part by or for the benefit of a candidate for Borough of Milford elective municipal office; every political party committee of the Borough of Milford; every political party committee of the County of Hunterdon; and every political committee, continuing political committee, or other form of association or organization that regularly engages in the support of candidates for Borough of Milford municipal or Hunterdon County elective offices or Borough of Milford municipal or Hunterdon County political parties or political party committees. The terms in the foregoing definition have the meanings prescribed in N.J.A.C. 19:25-1.7.
- 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.
- 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.
To the extent that it is not inconsistent with state or federal law, the Borough of Milford 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:11-2(6) and used at N.J.S.A. 40A:11-5(1)(a)(i), and/or banking, insurance or other consulting service (hereinafter "professional services"), nor extraordinary unspecifiable 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 a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in the Borough of Milford or a holder of public office having ultimate responsibility for the award of a contract; any Borough of Milford or Hunterdon County political committee or political party committee; or any continuing political committee or political action committee that regularly engages in the support of Borough of Milford municipal or Hunterdon County elections and/or Borough of Milford municipal or Hunterdon County candidates, candidate committees, joint candidates committees, political committees, political parties, or political party committees (hereinafter "PAC"), 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 which submits a proposal for, enters into negotiations for, or agrees to any contract or agreement with the Borough of Milford 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:
A candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in the Borough of Milford, or a holder of public office having ultimate responsibility for the award of a contract;
Any Borough of Milford or Hunterdon County political committee or political party committee; or
Any PAC 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.
The monetary thresholds of this article are:
A maximum of $300 per calendar year each for any purpose to any candidate or candidate committee for Mayor or governing body, or $500 per calendar year to any joint candidates committee for Mayor or governing body, or $300 per calendar year to a political committee or political party committee of the Borough of Milford;
Five hundred dollars maximum per calendar year to a Hunterdon County political committee or political party committee; and
Five hundred dollars maximum per calendar year to any PAC.
However, for each business entity party to a contract for professional or extraordinary unspecified services as defined in Subsection A, or engaged in negotiations for a contract defined in Subsection A, when such business entity's contribution is aggregated with all persons defined in the definition of "business entity" in § 5-1, Definitions, above, by virtue of their affiliation to that business entity party, a maximum of $2,500 may be contributed to all Borough of Milford candidates, candidate committees, joint candidates committees, and holders of public office having ultimate responsibility for the award of a contract, all Borough of Milford or Hunterdon County political committees and political party committees as described herein combined, without violating Subsection A of this section.
[Amended 10-5-2015 by Ord. No. 837-2015]
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
The Mayor of the Borough of Milford or Milford Borough's governing body, if the contract requires approval or appropriation from the Mayor or governing body; or
The Mayor of the Borough of Milford, 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 article 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 the obligations described in a contract for professional or extraordinary services that is subject to this article.
No contribution or solicitation of contributions made prior to the effective date of this article shall be deemed to give rise to a violation of this article.
No contract subject to this article may be renewed, extended, or materially modified unless the resulting renewal, extension, or modification would be allowable under the provisions of this article if it were an initial contract.
Prior to awarding any contract or agreement to procure professional services or extraordinary unspecified services from any business entity, the Borough of Milford 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 § 5-2 of this article. The Borough of Milford, its purchasing agents and departments shall be responsible for informing the governing body that the aforementioned sworn statement has been received and that the business entity is not in violation of this article, prior to awarding the contract or agreement.
[Amended 10-5-2015 by Ord. No. 837-2015]
A business entity shall have a continuing duty to report to the Borough of Milford any contributions that constitute a violation of this article that are made during the negotiation, proposal process or the duration of a contract. The Borough of Milford, 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 meeting of the governing body following receipt of said report from the business entity, whichever comes first.
[Amended 10-5-2015 by Ord. No. 837-2015]
The certification required under this section shall be made prior to entry into the contract or agreement with the Borough of Milford 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 business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of § 5-2 of this article if, within 30 days after the date on which the applicable Election Law Enforcement Commission (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.
The contribution limitations prior to entering into a contract in § 5-2A do not apply to contracts which are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A. 40A:11-4 or are awarded in the case of emergency under N.J.S.A. 40A:11-6. There is no exemption for contracts awarded pursuant to a fair and open process under N.J.S.A. 19:44A-20 et seq.
It shall be a material breach of the terms of a Borough of Milford agreement or contract for professional services or extraordinary unspecified services when a business entity that is a party to such agreement or contract has:
Made or solicited a contribution in violation of this article;
Knowingly concealed or misrepresented a contribution given or received;
Made or solicited contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution;
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 Borough of Milford, or a holder of public office having ultimate responsibility for the award of a contract, or any Borough of Milford or Hunterdon County political committee or political party committee, or any PAC;
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 article;
Funded contributions made by third parties, including consultants, attorneys, family members, and employees;
Engaged in any exchange of contributions to circumvent the intent of this article; or
Directly or indirectly, through or by any other person or means, done any act which, if done directly, would subject that entity to the restrictions of this article.
Any person who knowingly, purposely, or recklessly violates any provision of this article, or who conspires with another person to violate any provision of this article, or who, with the purpose of promoting or facilitating a violation of this article, solicits another person to commit it, or aids or agrees or attempts to aid another person in planning or committing it, shall be subject to punishment, including fines and/or imprisonment, as fixed by law for violations of the ordinances of the Borough of Milford.
In addition to any rights that were heretofore available or which may hereafter be available to citizens, taxpayers, or associations to challenge violations of this article, every person aggrieved by a violation of this article or any taxpayer or resident of the Borough of Milford has the right, consistent with the rules of court, to file charges in a court of competent jurisdiction and/or to pursue a civil action for a violation of this article in a court of competent jurisdiction and to seek and obtain declaratory, injunctive, or other legal or equitable relief, including but not limited to attorney fees and costs, arising from or related to a violation of this article.
The monetary thresholds in the definition of "business entity" in § 5-1, Definitions, and in § 5-2C of this article shall be increased effective March 1 of each calendar year by the percentage increase, in the prior calendar year, of the consumer price index for all urban consumers (CPI-U) for the New York/Northern New Jersey/Long Island or the Philadelphia region, rounded to the nearest $10. The Clerk of the Borough of Milford shall, by no later than April 1 of each calendar year, prepare and publish the revised thresholds on the official municipal website and in an official municipal newspaper.
[Adopted 3-7-2016 by Ord. No. 849-2016]
The Milford Borough Common Council finds that it is in the best interests of the Borough to amend the Borough Code, as hereinafter provided, to ensure that the Borough is not financially responsible for the payment of fees for services, rendered by the Borough's professionals, when the professional has failed to timely submit a detailed voucher(s), as required, for payment of those professional services either from third-party escrow accounts maintained by the Borough or by the Borough directly.
All requests for payment for either services performed or goods acquired shall be set forth in detail and attached to a Borough voucher.
All vouchers are to be signed and dated, and are to be submitted to the Borough's Clerk or Chief Financial Officer, within 30 days of the month within which the services were performed/provided by the service provider. By way of example, for any work done in December of 2015, a Borough voucher detailing all of the work performed by the provider in December of 2015 must be submitted by not later than the last day of January of 2016.
Any monies owed for services performed and/or goods acquired in which a voucher was not timely submitted pursuant to § 5-12B shall not be paid unless the individual or entity submitting the untimely voucher presents written justification for said failure to timely submit a voucher. Upon receipt of said written justification, the voucher may be approved and authorized for payment by resolution of the governing body.
Should any paragraph, section, part of any section, or any clause or phrase of this article for any reason be held to be invalid or unconstitutional, such decision shall not affect the remaining provisions of this article, and shall remain in full force and effect, and to that end the provisions of this article are hereby declared to be severable.
All ordinances or parts of ordinances in conflict herewith are and the same are hereby repealed.
This article shall become effective upon passage and publication as required by law.