[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville Article I, 11-17-08 as Ord. No. 2282; Article II, 11-17-08 as Ord. No. 2283. Amendments noted where applicable.]
A.
Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure goods or services from any business entity or professional business entity, where the value of a single transaction exceeds five thousand dollars ($5,000), including those awarded pursuant to a "fair and open" process, from any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions or loans, to any Somerville Borough municipal candidate or holder of municipal public office having ultimate responsibility for the award of the contract, or any local campaign committee, supporting such candidate or officeholder, or Somerset County political party in excess of the thresholds specified in Subsection D within one (1) calendar year immediately preceding the date of the contract or agreement with exception to Section 11-4.
B.
For purposes of this Article, a "business entity" and/or a "professional
business entity" seeking a public 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 business entity
includes all principals who own ten percent (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 business entity.
C.
Any individual meeting the definition of "business entity" or "professional business entity" under this section may contribute annually a maximum of two hundred ninety-nine dollars ($299) for any purpose to any candidate, for Mayor or Governing Body, to the any local campaign committee, supporting such candidate or officeholder local political party, referenced in this Article, without violating Subsection A of this section.
No contribution of money or any other thing of value, including
in-kind contributions, or loans made by a business entity or professional
business entity to any municipal candidate for Mayor or Council, or
to the any local campaign committee, or Somerset County Political
Party referenced in this Article shall be deemed a violation of this
section, nor shall an agreement for property, goods, or services,
of any kind whatsoever, be disqualified thereby, if that contribution
was made by the business entity or professional business entity prior
to the effective date of this Article.
A.
Prior to awarding any contract or agreement to procure goods and services in excess of five thousand dollars ($5,000), with any business entity or professional business entity, the Borough or any of its purchasing agents or agencies, as the case may be, shall receive a contribution disclosure statement from the business entity or professional business entity annually or part of a bid package made under penalty of perjury that the bidder or offeror has not made a contribution in violation of Section 11-1 of this Article;
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 contract. The certification required under this section
shall be made prior to entry into the contract or agreement with the
borough and shall be in addition to any other certifications that
may be required by any other provision of law.
A.
If a Department Head solicits and receives two (2) quotes for goods
and/or services that exceed five thousand dollars ($5,000) in value.
And the apparent lowest responsible quote from a business entity does
not have a contribution disclosure statement on file or refuses to
execute a contribution disclosure statement, the department head may
make a recommendation to award the low quote. In addition, the award
of the quote shall be made in order to provide goods and services
at the lowest cost to the taxpayer.
B.
If a department head solicits and receives two (2) quotes for goods
and/or services that exceed five thousand dollars ($5,000) in value.
And both bidders do not have a contribution statement on file or refuse
to execute such statement. The department head shall solicit an additional
quote and recommend the lowest responsible quote for an award.
C.
If a department head identifies an emergency in accordance with Local
Public Contract Law, the Department Head shall attempt to obtain a
contribution disclosure statement however, such statement does not
preclude the award of a contract in an emergency contract as defined
in Local Public Contract Law.
A business entity and/or a professional business entity or local municipal candidate or officeholder or municipal or party committee referenced in this Article may cure a violation of Section 11-2 of this Article, if, within thirty (30) days after the date on which the applicable ELEC Report is published, the professional business entity notifies the Borough Council in writing and seeks and receives reimbursement of a contribution from the municipal candidate or municipal political party referenced in this Article.
A.
It shall be a breach of the terms of a contract with any business
entity or professional business entity to (i) make or solicit a contribution
in violation of this Article; (ii) knowingly conceal or misrepresent
a contribution given or received; (iii) make or solicit contributions
through intermediaries for the purpose of concealing or misrepresenting
the source of the contribution; (iv) make or solicit any contribution
on the condition or with the agreement that it will be contributed
to a campaign committee of any candidate or holder of the public office
of the Borough of Somerville; (v) engage or employ 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 business entity itself, would subject that entity to the restrictions
of this Article; (vi) fund contributions made by third parties, including
consultants, attorneys, family members, and employees; (vii) engage
in any exchange of contributions to circumvent the intent of this
Article; or (viii) directly or indirectly, through or by any other
person or means, do any act which would subject that entity to the
restrictions of this Article.
[Amended 6-1-09 as Ord. No. 2304]
(Redevelopment agreements under the Local Redevelopment and
Housing Law)
A.
Any other provision of law to the contrary notwithstanding, the Borough
of Somerville or any of its purchasing agents or agencies or those
of its independent authorities, as the case may be, shall not enter
into an agreement, amend an agreement, or otherwise contract with
any redeveloper for the planning, replanning, construction or undertaking
of any redevelopment project, including the acquisition or leasing
of any public property in conjunction with the redevelopment of any
area within the Borough of Somerville pursuant to the Local Redevelopment
and Housing Law, if that redeveloper has exceeded two hundred ninety-nine
dollars ($299) annually which is the ELEC reportable amount per election
cycle at the time of the adoption of this Article, including in-kind
contributions, or loans during the applicable time period to any municipal
candidate for Mayor or Council, or to the any local campaign committee,
or holder of public office within the Borough of Somerville having
responsibility for arranging, entering into, or approving the redevelopment
agreement, or for appointing those who enter into the agreement on
behalf of the Borough of Somerville. For purposes of this section,
the "applicable time period" shall be defined as the time period between
the date that the property which is the subject of the redevelopment
project has been included in a memorializing resolution adopted by
the Governing Body directing the Planning Board to conduct a preliminary
investigation to determine if the site is in need of redevelopment
pursuant to and in accordance with the New Jersey Local Redevelopment
and Housing Law, N.J.S.A. 40A:12A-1 et seq., and the date of entering
into the redevelopment agreement.
B.
The Borough of Somerville or any of its purchasing agents or agencies
or those of its independent authorities, as the case may be, may not
enter into an agreement, amend an agreement, or otherwise contract
with any redeveloper for the planning, replanning, construction or
undertaking of any redevelopment project, including the acquisition
or leasing of any public property in conjunction with the redevelopment
of any area within the Borough of Somerville pursuant to the Local
Redevelopment and Housing Law, if that redeveloper has exceeded two
hundred ninety-nine dollars ($299) annually which is the ELEC reportable
amount per election cycle at the time of the adoption of this Article,
including in-kind contributions, or loans during the applicable time
period to any Somerset County political party. For purposes of this
section, the "applicable time period" shall be defined as the time
period between the date that the property which is the subject of
the redevelopment project has been included in a memorializing resolution
adopted by the Governing Body directing the Planning Board to conduct
a preliminary investigation to determine if the site is in need of
redevelopment pursuant to and in accordance with the New Jersey Local
Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., and the
date of entering into the redevelopment agreement.
C.
All redevelopment agreements or amendments thereto entered into by the Borough of Somerville shall contain a provision prohibiting redevelopers as defined in subsection C to solicit or make any contribution of money or pledge of a contribution including in-kind contributions and loans any municipal candidate for Mayor or Council, or to the any local campaign committee, or holder of public office within the Borough of Somerville having responsibility for arranging, entering into, or approving the redevelopment agreement, or for appointing those who enter into the agreement on behalf of the Borough of Somerville.
D.
As defined in N.J.S.A. 40A:12A-3, a "redeveloper" means any person,
firm, corporation or public body that shall enter into or propose
to enter into a contract with a municipality or other redevelopment
entity for the redevelopment or rehabilitation of an area in need
of redevelopment, or an area in need of rehabilitation, or any part
thereof, under the provisions of this Article, or for any construction
or other work forming part of a redevelopment or rehabilitation project.
For the purposes of this Article the definition of a redeveloper includes
all principals who own ten percent (10%) or more of the equity in
the corporation or business trust, partners, and officers in the aggregate
employed by the provider as well as any affiliates or subsidiaries
directly controlled by the redeveloper. Spouses and adult children
at home shall also be included.
E.
For the purposes of this section, the office that is considered to
have responsibility for arranging and entering into the redevelopment
agreement under the Article shall be:
(1)
The Borough Council if the redevelopment agreement requires approval
or appropriation from the Council or a public officer who is responsible
for arranging and entering into the redevelopment agreement if that
public officer is appointed by Council; or
(2)
The Mayor of Borough if the redevelopment agreement requires the
approval of the Mayor or a public officer who is responsible for arranging
and entering into the redevelopment agreement if that public officer
is appointed by the Mayor.
No contribution of money or any other thing of value, including
in-kind contributions, made by a redeveloper to any Borough candidate
for any municipal candidate for Mayor or Council, or to the any local
campaign committee, or Somerset County political party shall be deemed
a violation of this section nor shall an agreement for redevelopment
projects of any kind whatsoever be disqualified thereby if that contribution
or agreement was made by the redeveloper prior to the effective date
of this section.
A.
It shall be the municipality's continuing responsibility to
give notice of this Article when the municipality gives notice of
redevelopment pursuant to 40A:12A-6 and when the municipality adopts
a resolution directing the Planning Board to prepare a redevelopment
plan and at the time that the municipality adopts the ordinance to
implement the redevelopment plan.
B.
Prior to arranging and entering into the redevelopment agreement with any redeveloper, the borough or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the redeveloper that the redeveloper has not made any contribution in violation of Section 11-9A above. Furthermore, the redeveloper shall have a continuing duty to report any violations of this Article that may occur while arranging and entering into the redevelopment agreement, and until all specified terms of the agreement have been completed. The certification required under this section shall be made prior to entry into the agreement with the municipality and shall be in addition to any other certifications that may be required by any other provision of law.
A.
The contribution and disclosure requirements in this Article shall
apply to all redevelopers as well as professionals, consultants or
lobbyists contracted or employed by the business entity ultimately
designated as the redeveloper to provide services related to the:
(1)
Lobbying of government officials in connection with the examination
of an area and its designation as an area in need of redevelopment
or in connection with the preparation, consultation and adoption of
the redevelopment plan;
(2)
Obtaining the designation or appointment as redeveloper;
(3)
Negotiating the terms of a redevelopment agreement or any amendments
or modifications thereto; and
(4)
Performing the terms of a redevelopment agreement.
B.
It shall be a breach of the consultant's contract, and shall
require immediate termination, for a consultant to violate the contribution
limits and disclosure requirements in this Article.
C.
A redeveloper who participates in, or facilitates, the circumvention
of the contribution restrictions through consultants or professionals
shall be deemed to be in breach.
A redeveloper or municipal candidate or officeholder or municipal party committee referenced in this Article may cure a violation of Section 11-9 of this Article, if, within thirty (30) days after the date on which the applicable ELEC Report is published, the redeveloper notifies the Municipal Council in writing and seeks and receives reimbursement of the excess of the allowable contribution from the municipal candidate or municipal or county political party or PAC referenced in this Article.
A.
It shall be a breach of the terms of the Borough's redevelopment
agreement for a redeveloper to: (i) make or solicit a contribution
in violation of this Article; (ii) knowingly conceal or misrepresent
a contribution given or received in excess of the allowable amount;
(iii) make or solicit contributions through intermediaries for the
purpose of concealing or misrepresenting the source of the contribution
in excess of the allowable amounts; (iv) make or solicit any contribution
in excess of the allowable amount on the condition or with the agreement
that it will be contributed to a campaign committee of any candidate
or holder of the public office of the Borough of Somerville; (v) engage
or employ 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 redeveloper itself, would subject
that entity to the restrictions of this Article; (vi) fund contributions
made by third parties, including consultants, attorneys, family members,
and employees; (vii) engage in any exchange of contributions to circumvent
the intent of this Article; or (viii) directly or indirectly, through
or by any other person or means, do any act which would subject that
entity to the restrictions of this Article.
