[Adopted 8-20-2003 by Ord. No. 03-037; amended in its entirety 11-13-2006 by Ord. No.
06-035 (Ch. 44, Art. III, of the 1994 Code of Ordinances)]
A.
Any other provision of law to the contrary notwithstanding, the Township or its Purchasing Agent, or the purchasing agent of any Township independent authorities, as the case may be, shall not enter into a professional services contract to procure services from any professional business entity, including those services awarded through a "fair and open" process, if that entity has made any contribution of money, or pledge of a contribution, including in-kind contributions, and/or loans, to a municipal campaign committee or fund of any candidate for, or holder of, a public office within Hamilton Township having ultimate responsibility for the award of the contract, or campaign committee financially supporting such candidate or officeholder, or to any Hamilton Township municipal or Mercer County party committee, or to any political action committee ("PAC"), that engages in the support of municipal elections and/or municipal parties in excess of the monetary thresholds specified in Subsection D of this section within one calendar year immediately preceding the date of the contract or agreement.
B.
No professional business entity which enters into negotiations for,
or agrees to, any professional services contract with the Township
or any department or agency thereof or of its independent authorities
for the rendition of professional services, including those awarded
pursuant to a "fair and open" process, shall violate this section
by making or soliciting any contribution of money, or pledge of a
contribution, including in-kind contributions, or loans, to a municipal
campaign committee or fund of any candidate for, or holder of, a Hamilton
Township public office having ultimate responsibility for the award
of the contract, or campaign committee financially supporting such
candidate or officeholder or to any PAC that engages in the support
of municipal elections and/or municipal parties, or to any Hamilton
Township municipal or Mercer County party committee, between the time
of first communications between that business entity and Hamilton
Township regarding a specific professional services contract and the
later of the termination of negotiations or the completion of the
contract or agreement.
C.
For the purposes of this article a "professional business entity"
seeking a professional services contract means an individual, including
the individual's spouse, if any, and any child living at home;
person; firm; corporation; professional corporation; partnership;
organization; or association. The definition of a "professional business
entity" also includes all principals who own 10% or more of the equity
in the corporation or business trust, partners, and officers in the
aggregate employed by the entity, as well as any subsidiaries directly
controlled by the professional business entity.
D.
An individual meeting the definition of a "professional business
entity" under this section may annually contribute during the twelve-month
period prior to local government contract negotiations a maximum of
$300 each for a municipal campaign committee or fund of any candidate
for, or holder of, the Hamilton Township public office having the
ultimate responsibility for the award of a professional services contract,
and a maximum of $300 to any Hamilton Township municipal or Mercer
County party committee. However, any group of individuals meeting
the definition of "professional business entity" under this section,
including such principals, partners, and officers of the entity in
the aggregate, shall not annually contribute for any purpose in excess
of $2,500 to a municipal campaign committee or fund of all Hamilton
Township candidates, Hamilton Township municipal and/or Mercer County
party committees, and PACs referenced in this section combined, during
the twelve-month period prior to local government contract negotiations.
E.
"Professional services" shall have the same meaning as set forth
in the Local Public Contracts Act, N.J.S.A. 40A:11-1 et seq.
F.
The limitations set forth in Subsection D of this section shall not apply in the event the subject contract is offered to the lowest responsible bidder after public advertising for bids and quotes, pursuant to the competitive contracting requirements of the Local Public Contracts Act, N.J.S.A. 40A:11-1 et seq.
No contribution of money or any other thing of value, including
in-kind contributions or loans, made by a professional business entity
to the municipal campaign committee or fund of any Hamilton Township
municipal candidate or officeholder, or any Hamilton Township municipal
or Mercer County party committee, 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 prior to the effective
date of this article.
A.
Prior to awarding any professional services contract to procure services with any professional business entity, the Township or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the professional business entity has not made a contribution in excess of the limits contained in § 19-1D, or in violation of the time period and recipients specified in § 19-1A and B.
B.
The professional business entity shall have a continuing duty to
report any violations of this article that may occur during the negotiation
or duration of a professional services contract. The certification
required under this subsection shall be made prior to entry into the
contract with the Township and shall be in addition to any other certifications
that may be required by any other provision of law.
C.
The professional business entity shall append a "contribution disclosure statement" to its sworn certification, which statement shall be a list specifying the amount, date and the recipient of any and all contributions reportable under N.J.S.A. 19:44A-1 et seq., made by the entity and its principals to or on behalf of any candidate, candidate committee, joint candidates committee, continuing political committee, or political party committee of, or within Mercer County for the time period referenced in § 19-1 of this article. The professional business entity shall have a continuing duty to update said statement during the course of negotiations and/or contract performance, as the case may be. No contract shall issue if the entity has failed to submit a contribution disclosure statement.
A professional business entity or Hamilton Township candidate or officeholder, a Hamilton Township municipal or Mercer County party committee or PAC referenced in this article may cure a contribution which violates § 19-1B or is in excess of the limits contained in § 19-1D, if, within 30 days after the general election following any such contribution, or upon written notice of violation from the Township, whichever occurs sooner, the professional business entity notifies the Township Council in writing and seeks and receives reimbursement of the excess contribution from the municipal committee or fund of a Hamilton Township candidate or officeholder, any Hamilton Township municipal or Mercer County party committee, as the case may be.
A.
All Hamilton Township professional services contracts shall provide that it shall be a breach of the terms of the contract for a professional business entity to violate the several provisions set forth in § 19-1 or to conceal or misrepresent contributions given or received, or to make contributions through intermediaries for the purpose of concealing or misrepresenting the source or intended beneficiary of the contribution.
B.
Any professional business entity who knowingly and intentionally fails to reveal a contribution made in violation of the several provisions of § 19-1, or who knowingly and intentionally makes contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contributions, or the intended beneficiary shall be disqualified from eligibility for future professional services contracts with the Township for a period of two calendar years from the date of the violation.
C.
It shall be a rebuttable presumption that failure to disclose a contribution
made in violation of this article is a knowing and intentional act.
This amended article shall become effective on November 1, 2006,
and shall govern the awarding of all Township professional services
contracts commencing on or after that date.
