[HISTORY: Adopted by the Township Council of the Township of Jefferson 12-3-2014 by Ord. No. 21-14. Amendments noted where applicable.]
Administration of government — See Ch. 7.
As used in this chapter, the following definitions shall apply:
- A. A firm; corporation; professional corporation; partnership; limited liability company; organization; association and any other manner and kind of business entity;
- B. Any person who owns 10% or more of the equity or ownership or income interests in an entity as defined herein, and their spouses and child/children.
- A. Every candidate for Township of Jefferson elective municipal office;
- B. Every candidate committee established by or for the benefit of a candidate for Township of Jefferson elective municipal office;
- C. Every joint candidate committee established in whole or in part by or for the benefit of a candidate for Township of Jefferson elective municipal office;
- D. Every political committee, continuing political committee, or other form of association or organization that regularly engages in the support of candidates for a Township of Jefferson municipal office.
- 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.
- A contribution reportable by the recipient under the "New Jersey Campaign Contributions and Expenditures Reform Act," N.J.S.A. 19:44A-1 et seq.
The Township shall not enter into any agreement or otherwise contract to procure "professional services" as such term is defined in N.J.S.A. 40A:11-2(6), nor enter into a contract for "extraordinary unspecifiable services" as such term is defined in N.J.S.A. 40A:11-2(7) from any business entity if such entity has made any contribution to:
A candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Township of Jefferson or a holder of public office having ultimate responsibility for the award of a contract; or
To any Township of Jefferson political committee or political party committee; or
To any continuing political committee or political action committee that regularly engages in the support of Township of Jefferson municipal candidates, in excess of the thresholds specified in Subsection B herein within one calendar year immediately preceding the date of the contract or agreement.
The monetary thresholds of this chapter are a maximum of $300 per calendar year for any purpose to any candidate or candidate committee for mayor and/or governing body, or $500 per calendar year to any joint candidates committee for mayor and/or governing body, or $300 per calendar year to any campaign committee as defined herein. However, for each business entity party to a contract for professional or extraordinary unspecifiable 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 within section above, by virtue of their affiliation to that business entity, a maximum of $2,500 to all Township of Jefferson candidates or campaign committees as defined herein, including holders of public office having ultimate responsibility for the award of any contract.
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be the Township of Jefferson governing body, if the contract requires approval or appropriation from the governing body, or the Mayor of the Township of Jefferson, if the contract requires approval of 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.
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.
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.
Prior to awarding any contract or agreement to procure professional services or extraordinary unspecifiable services from any business entity, the Township of Jefferson 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.
A business entity shall have a continuing duty to report to the Township of Jefferson 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 Jefferson 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.
The certification required under this subsection shall be made prior to entry into the contract or agreement with the Township of Jefferson, 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 unspecifiable 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.
The contribution limitations prior to entering into a contract as set forth herein 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, or contracts awarded pursuant to a "Fair and Open Process" under N.J.S.A. 19:44A-20.3 et seq.
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 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 Township of Jefferson.